Part 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION
16 TAC §§82.10, 82.20 - 82.22, 82.29, 82.31, 82.40, 82.50 - 82.54, 82.70, 82.71, 82.80, 82.106, 82.110, 82.114, 82.120
The Texas Department of Licensing and Regulation ("Department") proposes amendments to existing rules at 16 Texas Administrative Code, §§82.10, 82.20 - 82.22, 82.29, 82.31, 82.40, 82.50 - 82.54, 82.70, 82.71, 82.80, 82.106, 82.110, 82.114, and 82.120, regarding the regulation of barbering.
These proposed rule changes are necessary to implement changes in law enacted by House Bill 2106, 80th Legislature, and to make certain clean-up changes in the rules for barbers. The provisions of House Bill 2106 became effective on June 15, 2007 and require the Commission of Licensing and Regulation to adopt rules necessary to implement the new legislation by January 1, 2008. These proposed rule changes were recommended by the Advisory Board on Barbering at its meeting on July 30, 2007.
In §82.10 definitions are added for "hair braider," "hair weaver," and "weaving." House Bill 2106 creates two new certificate types in the barber program, the hair braiding specialty certificate of registration and the hair weaving specialty certificate of registration. The new rule definitions are necessary to clarify the scope of practice of these certificate holders.
In §82.20 amendments are made to specify the eligibility requirements for a hair braiding specialty certificate of registration and a hair weaving specialty certificate of registration. The hair weaving certificate requires 300 hours of instruction and a written and practical examination, while the hair braiding certificate requires 35 hours of instruction and no examination. New §1601.258 and §1601.259 of the Occupations Code, as added by House Bill 2106, defer to the Department setting the specific eligibility requirements.
New language in §82.21(c) implements a change in law made by House Bill 2106, to eliminate the minimum passing grade for the barber examination that was previously set in statute at 75 percent. The effect of this statutory change is to defer to the Department to set the passing score for the examination. The proposed rule sets the passing score at 70 for all examinations in the barber program. This passing score is more consistent with that for other types of Department examinations. The wording changes to what is now subsection (f) are to include examinees for a hair weaving certificate in the list of examinees that must bring necessary instruments to a practical examination.
The heading of §82.22 and subsections (a) and (c) are amended to implement a change in law made by House Bill 2106, that specialty shop permits may be obtained for hair weaving and hair braiding shops in addition to manicurist shops. The word "manicurist" is similarly removed from other sections of the rules. Subsection (d) is amended to add hair weaving and hair braiding specialty certificates to the list of license types that are eligible to obtain a booth rental permit. This change is necessary because the Department anticipates that hair weavers and hair braiders may work as independent contractors renting space in a shop. Subsection (e) is deleted to implement a change in law made by House Bill 2106, that new barbershops and specialty shops are no longer required to be inspected by the Department before opening for business.
Section 82.29(b) is amended to implement a change in law made by House Bill 2106 by specifying that relocated barbershops and specialty shops are no longer required to be inspected by the Department before opening for business. Relocated barber schools must still be inspected prior to opening. Additionally, in subsection (c) a clean-up change is made to clarify that the list of events that constitute a change of ownership is not an exhaustive list.
In §82.31 hair braiding specialty certificates, hair weaving specialty certificates, hair weaving specialty shop permits, and hair braiding specialty shop permits are added to the list of license types with a two-year term.
In the General Appropriations Act, the 80th Legislature appropriated money to the Department from the Barber School Tuition Protection Account for the 2008-09 biennium. In response, the Department proposes to update the rules related to claims against the account. In §82.40(f) the dollar limit for each claim is lowered to $1,000. This amount is set in view of the $5,000 annual amount that the Legislature has appropriated for payment of claims. A limit of $2,500 is placed on the total of claims that may be paid against one school. This limit is intended to avoid having the entire amount of appropriated funds being exhausted by claims against one closed school. Subsection (g) is added to list the requisites for payment of a refund to a student. Subsection (h) specifies that claims will be paid on a pro rata basis if all claims cannot be satisfied. Subsection (i) requires that the Department provide notice of a claim to the affected school and gives the school 20 days from the date of the notice to dispute the claim. Subsection (j) identifies the consequences of a payment from the account, including that the closed school must repay the account and that the school is subject to administrative sanctions and penalties. New language also provides that the Department is subrogated to the rights of a student against a school to the extent of the amount paid to the student from the account. To be eligible for payment from the account, the student must assign to the Department his or her rights against the school to the extent of the amount paid to the student from the account. These provisions will enable the Department to seek reimbursement to the account from the closed school, as part of the Department's statutory duty to administer claims made against the account under §1601.3571, Occupations Code.
Sections 82.50 and 82.51 are amended to recognize that initial inspections are now required only of barber schools and not shops.
Section 82.52(a) is amended to implement a change in law made by House Bill 2106 to increase the frequency of periodic inspections of barber schools to twice per year. A clean-up change is made to subsection (d) to remove a reference to "certain" violations because the rules do not specify certain violations that may result in administrative penalties or sanctions. The Department's Penalty Matrix, which is part of the Enforcement Plan, identifies the range of sanctions and penalties for various violations.
The effect of the wording changes in §82.53 is to remove barber schools from Tiers 1 and 2 of the risk-based inspection schedule. This change is necessary in light of the increased frequency of periodic inspections for schools. Additional relevant factors are added that would place a barber school in Tier 3. Conforming changes are made to subsections (f) and (g). As in §82.52(d) the word "certain" is removed in subsection (e) in reference to administrative penalties and sanctions for violations.
Section 82.54(a) is amended to add a deadline by which an establishment owner shall complete all corrective modifications and provide written verification of the corrective modifications to the Department. The deadline is 10 calendar days after receiving the Department's list of required corrective modifications. As in previous sections, the word "certain" is removed with respect to violations that may lead to administrative penalties and sanctions. Subsection (b) is amended to add that failure to complete corrective modifications timely or to provide written verification to the Department timely may result in administrative penalties or sanctions.
Section 82.70 is amended to delete the word "manicurist" in reference to specialty shops. In subsection (b) hair weavers and hair braiders are added to the requirement that license holders comply with health and safety standards. In subsection (f) hair weavers and hair braiders are added to the requirement to obtain a booth rental permit if the license holder leases space on the premises of a barbershop or specialty shop as an independent contractor.
Section 82.71 is amended to add specific requirements for hair weaving specialty shops and hair braiding specialty shops. The primary difference is that hair braiding specialty shops are not required to provide shampoo bowls or dryers because hair braiding practice does not include shampooing.
Section 82.80 is amended to add application and renewal fees for hair weaving and hair braiding specialty certificates. Both the application fee and the renewal fee are $53, including a $10 newsletter fee. The rule is also amended to make clean-up changes regarding the fees for a barber school. For clarity, the permit fee of $500 is separated from the inspection fee of $500. The overall fees paid by a school will not change as a result of this rule change.
Section 82.106 is amended to implement a change in law enacted by House Bill 2106. Under Texas Occupations Code, Section 1603.352, as amended by House Bill 2106, the requirement to sterilize instruments used in nail services applies to metal instruments.
In §82.110 the heading is amended to add hair braiding services to the health and safety standards. Hair weavers and hair braiders are specifically listed in the requirement for licensees to wash their hands before performing services on a client.
Section 82.114(f) is amended to make a clean-up change to clarify that preparation of food or beverages on licensed premises for sale is prohibited, but preparation of food or beverages not for sale is permitted. For example, a barber establishment may offer a cup of coffee to a customer without charge. The language of the current rule, strictly interpreted, could be read to prohibit a barber establishment from preparing a cup of coffee for a customer. This is not the intent of the rule and was never the Department's interpretation. The intent of the rule is to prohibit, due to health concerns, the operation of a food or drink establishment on the same premises as a barber establishment. The Department's enforcement of the rule has been consistent with that interpretation. However, the Department proposes this change to avoid any confusion as to what is permitted.
Section 82.120 is amended to add the 35-hour curriculum for the hair braiding specialty certificate and the 300-hour curriculum for the hair weaving specialty certificate. The rule specifies the topics that must be covered and the number of hours that must be devoted to each topic.
William H. Kuntz, Jr., Executive Director, has determined that for the first five-year period the proposed amendments are in effect there will be no significant changes to costs or revenues of the state and no changes to costs or revenues of local government as a result of enforcing or administering the amendments. Costs and increases in revenue associated with issuance of the new certificates, specialty shop permits, and student permits are not expected to be significant.
Mr. Kuntz also has determined that for each year of the first five-year period the amendments are in effect, the public benefit will be as follows: more clear and detailed procedures for payment of tuition refund claims to barber students when a school closes; a fixed time frame for establishment owners to make corrective modifications following an inspection; a more specific requirement that hair weavers and braiders must wash their hands before working on a client; and clarification that establishments may offer food and beverages, such as coffee, without charge to customers.
Mr. Kuntz also has determined that there may be some increased costs to closed barber schools by requiring that the schools must repay claims that are paid from the Barber School Tuition Protection Account. Schools affected may include small or micro-businesses. The maximum amount of each claim is $1,000, and the maximum amount of all claims paid for one school is $2,500. Repayments to the account include interest of 8% per year. Additionally, establishments, including small or micro-businesses, generally will have a ten-day deadline to make corrective modifications following a Department inspection. The cost of making these modifications within the specified time frame will vary depending on the nature of the violation. There are no other anticipated costs to persons required to comply with the rules as proposed. There are no other anticipated costs to small or micro-businesses.
Comments on the proposal may be submitted to Caroline Jackson, Legal Assistant, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, or facsimile (512) 475-3032, or electronically: erule.comments@license.state.tx.us. The deadline for comments is 30 days after publication in the Texas Register.
The amendments are proposed under Texas Occupations Code, Chapters 51, 1601, and 1603, which authorize the Department to adopt rules as necessary to implement those chapters and any other law establishing a program regulated by the Department. In particular, many of these rule changes are proposed to implement the provisions of House Bill 2106, 80th Legislature.
The statutory provisions affected by the proposal are those set forth in Texas Occupations Code, Chapters 51, 1601, and 1603. No other statutes, articles, or codes are affected by the proposal.
§82.10.Definitions.
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
(1) Act--Texas Occupations Code, Chapters 1601 and 1603.
(2) Barber Establishment--A barbershop, manicurist specialty shop, or school, licensed under the Act.
(3) Barber Refresher Course--A department-approved course to renew or update the skills of a currently licensed barber, or a barber who has not practiced for a period of time, or to prepare a formerly licensed barber for the examination.
(4) Barber School--When used in this chapter includes both barber schools and barber colleges.
(5) Beard--The beard extends from below the line of demarcation and includes all facial hair regardless of texture.
(6) Board--The Advisory Board on Barbering.
(7) Booth Rental Permit--A permit that allows a barber or manicurist to lease space on the premises of a barbershop or manicurist specialty shop to engage in the practice of barbering as an independent contractor.
(8) Commission--The Texas Commission of Licensing and Regulation.
(9) Department--The Texas Department of Licensing and Regulation.
(10) Hair braider--A person who holds a Hair Braiding Specialty Certificate of Registration from the department to braid hair. Such practice shall not include shampooing, conditioning, drying, styling, or applying any chemicals, including color chemicals, relaxers, perm solutions, or other preparations to alter the color or to straighten, curl or alter the structure of hair. A hair braider may trim hair extensions only as applicable to the braiding process. Commercial hair may be attached only by braiding and without the use of chemicals or adhesives.
(11)
[
(10)
] Hair Relating to
Haircutting--The hair extending from the scalp of the head is recognized
as the hair trimmed, shaped or cut in the process of hair cutting.
(12) Hair weaver--A person who holds a Hair Weaving Specialty Certificate of Registration from the department to perform the services of a hair braider as defined in this section and, additionally, attach hair by any weaving method. Such practice may include shampooing, conditioning, and drying performed in connection with a hair weaving service. Such practice may not include styling, cutting, or trimming hair except to the extent such activity is incidental to a hair weaving service. Such practice shall not include the application of color chemicals, relaxers, perm solutions, or other preparations to alter the color or to straighten, curl, or alter the structure of hair.
(13)
[
(11)
] License--A license,
permit, certificate, or registration issued under the authority of
the Act.
(14)
[
(12)
] License by reciprocity--A
process that permits a barber license holder from another jurisdiction
or foreign country to obtain a Texas barber license without repeating
barber education or examination license requirements.
(15)
[
(13)
] Line of Demarcation
between "the hair" and "the beard"--The demarcation boundary between
scalp hair ("the hair") and facial hair ("the beard") is a horizontal
line drawn from the bottom of the ear.
(16)
[
(14)
] Provisional license--A
license that allows a person to practice barbering in Texas pending
the department's approval or denial of that person's application for
licensure by reciprocity.
(17)
[
(15)
] Registered Examination
Proctor--An individual authorized by the Department to evaluate or
grade a practical examination for the department for a certificate
or license issued under Texas Occupations Code, Chapter 1601.
(18)
[
(16)
] Sideburn--Part of
a hair cut or style that is a continuation of the natural scalp hair
growth, does not extend below the line of demarcation, and is not
connected to any other bearded area on the face.
(19) Weaving--The process of attaching, by any method, commercial hair (hair pieces, hair extensions) to a client's hair and/or scalp. Weaving is also known as hair integration or hair intensification.
§82.20.License Requirements--Individuals.
(a) To be eligible for a Class A Barber Certificate,
a Teacher's Certificate, Barber Technician License, Manicurist License,
or Hair Weaving Specialty Certificate of Registration
[
or
Student Permit
], an applicant must:
(1) submit the application on a Department approved form;
(2) pass the applicable examination;
(3) pay the fee required under §82.80; and
(4) meet other applicable requirements of the Act and this section.
(b) To be eligible for a Hair Braiding Specialty Certificate of Registration or Student Permit, an applicant must:
(1) submit the application on a Department approved form;
(2) pay the fee required under §82.80; and
(3) meet other applicable requirements of the Act and this section.
(c)
[
(b)
] Class A Barber Certificate--To
be eligible for a Class A barber certificate, an applicant must meet
the eligibility requirements set forth in Texas Occupations Code §1601.253
.
[
;
]
(d)
[
(c)
] Teacher's Certificate--To
be eligible for a teacher's certificate, an applicant must meet the
eligibility requirements set forth in Texas Occupations Code §1601.254
.
[
;
]
(e)
[
(d)
] Barber Technician
License--To be eligible for a Barber Technician License, an applicant
must meet the eligibility requirements set forth in Texas Occupations
Code §1601.256
.
[
;
]
(f)
[
(e)
] Manicurist License--To
be eligible for a Manicurist license, an applicant must meet the eligibility
requirements set forth in Texas Occupations Code §1601.257
.
[
;
]
(g) Hair Weaving Specialty Certificate of Registration--To be eligible for a Hair Weaving Specialty Certificate of Registration, an applicant must meet the eligibility requirements set forth in Texas Occupations Code §1601.258. Additionally, an applicant must complete 300 hours of instruction in a barber school and pass a written and practical examination.
(h) Hair Braiding Specialty Certificate of Registration--To be eligible for a Hair Braiding Specialty Certificate of Registration, an applicant must meet the eligibility requirements set forth in Texas Occupations Code §1601.259. Additionally, an applicant must complete 35 hours of instruction in a barber school. No examination is required.
(i)
[
(f)
] Student Permit--To
be eligible for a Student permit, an applicant must meet the eligibility
requirements set forth in Texas Occupations Code §1601.260
.
[
;
]
(j)
[
(g)
] Registered Examination
Proctor--To be eligible for an Examination Proctor registration, an
applicant must:
(1) have held an active teacher's certificate for at least two of the five years preceding the application;
(2) hold an active teacher's certificate;
(3) obtain a certificate of completion from a department approved training course;
(4) submit a completed application for initial registration on a form approved by the department; and
(5) pay the applicable fee under §82.80.
(k)
[
(h)
] A license application
is valid for one year from the date it is filed with the department.
§82.21.License Requirements--Examinations.
(a) To be eligible for a department examination, an applicant must:
(1) submit a completed license application on a department-approved form;
(2) pay the applicable license application fee under §82.80; and
(3) have completed the number of curriculum hours required by this chapter and the Act.
(b) For a Class A barber certificate, a student is eligible to take the written examination when the department receives proof of completion of 1,000 curriculum hours, as specified by Texas Occupations Code, §1603.255, relating to early examination.
(c) All department examinations consist of a written and practical part. A passing grade of 70 on each part is needed to satisfy the examination requirement.
(d)
[
(c)
] Examinees must pass
the written examination before being eligible to take the practical
examination.
(e)
[
(d)
] When appearing for
an examination for a Class A barber certificate or a teacher's certificate,
the examinee shall bring the instruments necessary to give a practical
demonstration of barbering services.
(f)
[
(e)
] An examinee for a
manicurist
, hair weaving,
or barber technician license
or
certificate
shall bring to the examination any instruments necessary
for a practical demonstration of the services distinctive to his or
her specialty.
(g)
[
(f)
] The examinee shall
provide a model, of 16 years of age or older, on whom to demonstrate
the practical work. The department may require parental approval for
models under 18 years of age.
(h)
[
(g)
] To be admitted to
an examination, the examinee must present a current, valid government-issued
photo identification, which includes the applicant's full name and
date of birth.
(i)
[
(h)
] Examinees are required
to wear a smock or professional attire for the practical examination.
(j)
[
(i)
] The department will
notify an examinee if the examinee fails either the written or practical
examination.
(k)
[
(j)
] Any student or applicant
having had a name change during his or her enrollment at any department
licensed barber school must notify the department in writing prior
to the date on which the student or applicant is scheduled to take
any examination, written or practical.
§82.22.Permit Requirements--Barbershops, [ Manicurist ] Specialty Shops, and Booth Rental.
(a) To be eligible for a Barbershop or [
Manicurist
]
Specialty Shop Permit, or a Booth Rental Permit, an applicant must:
(1) submit the application on a department approved form;
(2) pay the fee required under §82.80; and
(3) meet other applicable requirements of the Act and this chapter.
(b) Barbershop Permit--To be eligible for a barbershop permit, an applicant must meet the eligibility requirements set forth in Texas Occupations Code §1601.303.
(c)
[
Manicurist
] Specialty Shop Permit--To
be eligible for a [
Manicurist
] Specialty Shop Permit, an
applicant must meet the eligibility requirements set forth in Texas
Occupations Code §1601.305.
The categories of Specialty
Shop Permits issued by the department are: manicurist, hair weaving,
and hair braiding.
(d) Booth Rental Permit--To be eligible for a booth
rental permit, an applicant must hold a valid Department-issued Class
A barber certificate
,
[
or
] manicurist license
,
hair weaving specialty certificate of registration, or hair braiding
specialty certificate of registration
and meet the requirements
of this section.
[
(e)
A barbershop or manicurist
specialty shop must be inspected and approved by the Department prior
to the operation of the shop. To ensure timely inspection, an applicant
should submit a completed application at least 45 days in advance
of the anticipated opening date.]
§82.29.Establishment Relocation, Change of Ownership, Owner Death or Incompetency.
(a) Under the Act, a license is not transferable.
(b) If
a barber
[
an
] establishment
relocates, the licensee must apply for a new
barber
establishment license and
verify that
the new establishment
meets
the requirements of the Act and this chapter. Additionally, a relocated
school
must be inspected prior to operation under the Act.
(c) If an establishment changes ownership, the new
owner must apply for a license within 30 days after the change of
ownership. Additionally, a school must be inspected but may continue
to operate prior to inspection. A change of ownership
includes
the following
[
is defined as
]:
(1) For a sole proprietorship, the licensee no longer owns and/or operates the establishment.
(2) For a partnership, the partnership is dissolved.
(3) For a corporation, the corporation is sold to another person or entity. A change of ownership does not include corporate officer or stockholder restructuring.
(4) The death or legal incompetency of the owner.
§82.31.Licenses--License Terms.
(a) The following licenses issued under this chapter shall have a term of two years from the date of issuance:
(1) Class A Barber Certificate;
(2) Teacher's Certificate;
(3) Barber Technician License;
(4) Manicurist License;
(5) Hair Weaving Specialty Certificate of Registration;
(6) Hair Braiding Specialty Certificate of Registration;
(7)
[
(5)
] Barbershop Permit;
(8)
[
(6)
] Manicurist Specialty
Shop Permit;
(9) Hair Weaving Specialty Shop Permit;
(10) Hair Braiding Specialty Shop Permit;
(11)
[
(7)
] Booth Rental Permit; and
(12)
[
(8)
] Student Permit.
(b) The following licenses issued under this chapter shall have a term of one year from the date of issuance:
(1) Barber School Permit; and
(2) Examination Proctor Registration.
§82.40.Barber School Tuition Protection Account.
(a) Pursuant to §1601.3571 of the Act, the Barber School Tuition Protection Account is created to refund unused tuition if a barber school ceases operation before its course of instruction is complete.
(b) In each year in which the balance of the Barber School Tuition Protection Account is less than $25,000 the Department will determine a fee that shall be paid by all permitted barber schools to the account.
(c) The necessity for assessing the fee will be determined by the Department when it conducts its annual account balance review prior to December 31st. The fee that is assessed by the Department shall be in effect for a period of 12 months.
(d) The fee shall be paid by each permitted barber school, upon annual renewal of the license during the 12-month period and shall be paid in addition to the renewal fee. The renewal notice sent by the Department will reflect the fee due to the account.
(e) In addition to any other fees, all new schools applying for a barber school permit shall pay the prescribed fee to the account before a permit will be issued.
(f) The total payment of a claim from the Barber School
Tuition Protection Account may not exceed
$1,000. The total amount
of claims paid against a single closed school may not exceed $2,500
[
$3,000
].
(g) The executive director may authorize payment to a student from the Barber School Tuition Protection Account, if:
(1) the student makes a claim for payment on a form approved by the executive director;
(2) a closed barber school has failed to refund unused tuition to the student within 30 days after the date the student became eligible for the refund;
(3) the executive director determines after investigation that the student is owed the refund; and
(4) the student assigns to the department all rights of the student against the barber school to the extent of the amount paid to the student from the account.
(h) The department shall pay claims on a pro rata basis from appropriated money available in the account if:
(1) the account contains insufficient assets to pay all claims;
(2) insufficient money has been appropriated to the department from the account to pay all claims; or
(3) the total amount of claims against a single closed school exceeds the amount specified in Subsection (f).
(i) The department shall notify a closed barber school of any claim made against the closed school under this section. Before the executive director may authorize any payment from the account, the school shall have 20 days from the date of notice of the claim to dispute the claim and present evidence to the executive director in opposition to the claim.
(j) If payment is made from the Barber School Tuition Protection Account on a claim against a closed barber school:
(1) the school shall reimburse the account immediately or agree in writing to reimburse the account, on a schedule to be determined by the executive director;
(2) the school shall immediately pay the student any additional amount due to the student under the Act or agree in writing to pay the student on a schedule to be determined by the executive director;
(3) payments made by a school to the account or to a student under this subsection include interest accruing at the rate of eight percent a year beginning on the date the executive director pays the claim;
(4) the department shall be subrogated to all rights of the student against the barber school to the extent of the amount paid to the student; and
(5) the department may assess administrative penalties or sanctions against the school and may deny an application for a license, certificate, or permit or an application for renewal of a license, certificate, or permit filed by the holder of the barber school permit.
§82.50.Inspections--General.
(a) Barber establishments shall be inspected periodically, according to a risk-based schedule, or as a result of a complaint. These inspections will be performed to determine compliance with the requirements of the Act and this chapter, particularly those requirements relating to public safety, licensing, and sanitation. In addition, the department will make information available to barber establishment owners and managers on best practices for risk-reduction techniques.
(b) Inspections shall be performed during the normal operating hours of the barber establishments. Except for initial inspections of barber schools, the department may conduct inspections under the Act and this chapter without advance notice.
(c) The department inspector will contact the barber establishment owner, manager, or their representative upon arrival at the barber establishment, and before proceeding with the inspection.
(d) The barber establishment owner, manager, or their representative shall cooperate with the inspector in the performance of the inspection.
§82.51.Initial Inspections--Inspection of Barber Schools [ Establishments ] Before Operation.
(a) Any new or relocated barber
school
[
establishment
] must be inspected and approved by the department before it
may operate. Additionally, a barber school that has changed ownership
must be inspected and approved by the department, but may continue
to operate prior to inspection.
(b) The barber
school
[
establishment
]
owner shall request an initial inspection from the department and
pay the permit fee required by §82.80. In order for the department
to schedule the initial inspection in a timely manner, the initial
inspection request and fee should be submitted to the department no
later than forty five (45) calendar days prior to the opening date
of the
school
[
establishment
].
(c) Upon receipt of the owner's request and the permit fee, the department shall schedule the initial inspection date and notify the owner.
(d) Upon completion of the initial inspection, the
owner shall be advised in writing of the results. The inspection report
will indicate whether the barber
school
[
establishment
]
meets or does not meet the minimum requirements of the Act and this
chapter.
(e) For barber
schools
[
establishments
]
that do not meet the minimum requirements, the report will reflect
those minimum requirements that remain to be addressed by the owner.
(f)
A barber
school
[
establishment
]
that does not meet the minimum requirements on initial inspection
must be reinspected. The barber
school
[
establishment
]
owner must submit the request for reinspection along with the fee
required by §82.80, before the department will perform the reinspection.
§82.52.Periodic Inspections.
(a) Each barbershop and [
manicurist
] specialty
shop shall be inspected at least once every two years.
Each barber
school shall be inspected at least twice per year.
(b) The barbershop or [
manicurist
] specialty
shop owner, manager, or their representative must, upon request, make
available to the inspector the list required by §82.71(c) of
all individuals who work in the shop.
(c) Upon completion of the inspection, the owner shall be advised in writing of the results. The inspection report will indicate whether the inspection was approved or not approved, and will describe any violations identified during the inspection.
(d) For inspections that are not approved, the inspection
report will identify violations that must be corrected by the owner.
The report will also indicate the corrective modifications required
to address the violations, in accordance with §82.54. Additionally,
the department may assess administrative penalties and/or administrative
sanctions for [
certain
] violations, in accordance with §82.90.
(e) Based on the results of the periodic inspection, a barber establishment may be moved to a risk-based schedule of inspections. The department will notify the owner of a barber establishment, in writing, if the establishment becomes subject to the risk-based inspection schedule and the scheduled frequency of inspection.
§82.53.Risk-Based Inspections.
(a) Risk-based inspections are those required in addition to periodic inspections required under §82.52, for barber establishments determined by the department to be a greater risk to public health or safety. To determine which establishments will be subject to risk-based inspections, the department has established criteria and frequencies for inspections. The owner of the barber establishment shall pay the fee required under §82.80 for each risk-based inspection, in a manner established by the department.
(b) Barber establishments subject to risk-based inspections will be scheduled for inspection based on the following risk criteria and inspection frequency:
(c) The barbershop or [
manicurist
] specialty
shop owner, manager, or their representative must, upon request, make
available to the inspector, the list required by §82.71(c) of
all individuals who work in the shop.
(d) Upon completion of the inspection, the owner of the barber establishment shall be advised in writing of the results. The inspection report will indicate whether the inspection was approved or not approved, and will describe any violations identified during the inspection.
(e) For inspections that are not approved, the inspection
report will identify violations that must be corrected by the owner
of the barber establishment. The report will also indicate the corrective
modifications required to address the violations, in accordance with §82.54.
Additionally, the department may assess administrative penalties and/or
administrative sanctions for [
certain
] violations, in accordance
with §82.90.
(f)
Barber establishments
[
Barbershops
and manicurist specialty shops
] on a risk-based inspection schedule
that have no
significant
violations [
of sanitation
or licensing requirements
] in four consecutive inspections,
may be moved to a less frequent risk-based inspection schedule or
returned to a periodic schedule of inspections. The department will
notify the owner of the
establishment
[
shop
],
in writing, if there is a change in the
establishment's
[
shop's
] risk-based schedule or if the
establishment
[
shop
] is returned to a periodic inspection schedule.
[
(g)
Barber schools subject
to the Tier 2 or Tier 3 schedule, that have no violations of sanitation
or licensing requirements in four consecutive inspections, may be
moved to a less frequent risk-based inspection schedule. The department
will notify the owner of the barber school, in writing, if there is
a change in the school's risk-based schedule.]
§82.54.Corrective Modifications Following Inspection.
(a) When corrective modifications to achieve compliance
are required [
, the department
]:
(1)
the department
shall provide the owner
a list of required corrective modification(s)
;
[
and
a deadline for completing modifications; and
]
(2) within 10 calendar days after receiving the list of required corrective modifications, the owner shall complete all corrective modifications and provide written verification of the corrective modifications to the department; and
(3) the department may grant an extension of time , consistent with established procedures, if satisfactory evidence is presented showing that the time period specified is inadequate to perform the necessary corrections.
(b) When corrective modifications to achieve compliance
involve violations of [
certain
] sanitation rules or violations
relating to unlicensed practice, those violations may be referred
to the department's enforcement division for further action. The barber
establishment will be contacted by the department to arrange final
resolution of these violations. Additionally, the department may assess
administrative penalties and/or administrative sanctions for [
certain
] violations
or for failure to complete corrective modifications
timely or provide written verification to the department timely
,
in accordance with §82.90.
§82.70.Responsibilities of Individuals.
(a) Only a permitted barber school, barbershop, or [
manicurist
] specialty shop or a licensed barber may advertise
in the yellow pages of the telephone directory under "Barber."
(b) License holders, including Class A barbers, teachers, barber technicians , hair weavers, hair braiders, and manicurists are responsible for compliance with the health and safety standards of this chapter.
(c) Licensees shall wear clean top and bottom outer garments and footwear while performing services authorized under the Act. Outer garments include tee shirts, blouses, sweaters, dresses, smocks, pants, jeans, shorts, and other similar clothing and does not include lingerie or see-through fabric.
(d) Licensees shall notify the department in writing of any name change within thirty days of the change.
(e) Licensees shall maintain a current mailing address on file with the department and must notify the department not later than thirty days following any change of mailing address.
(f) Barbers
,
[
or
] manicurists
,
hair weavers, or hair braiders
who lease space on the premises
of a barbershop or [
manicurist
] specialty shop to engage
in the practice of barbering as an independent contractor must obtain
a booth rental permit.
§82.71.Responsibilities of Barbershops and [ Manicurist ] Specialty Shops.
(a) The owner of a barbershop or [
manicurist
]
specialty shop and the shop manager in whose name the shop permit
is jointly issued, if different from the owner, shall both be responsible
individually and jointly for ensuring that all persons who work in
a shop are properly licensed at all times. Individuals who do not
hold a current license and /or permit required by the department shall
not be allowed to engage in barbering. Shop owners and shop managers
commit an offense in violation of department rules if an individual
with an expired license or permit or no license or no permit engages
in barbering in a shop.
(b) Shop owners and/or shop managers shall verify that all employees and independent contractors have current licenses and permits, as applicable.
(c) The shop owner and/or shop manager shall maintain a current list of all individuals who work in a shop at the time of inspection including employees and independent contractors who engage in barbering. The list is to be made available to department inspectors upon demand. The list shall contain at least the following information:
(1) name of each individual working in the shop;
(2) the file number (license number) for each individual;
(3) the booth rental permit number for each independent contractor (booth renter);
(4) whether the individual is an employee or an independent contractor who engages in barbering;
(5) the type of license or permit held by the individual (e.g., barber, manicurist);
(6) the expiration date of the individual's license and/or permit; and
(7) the expiration date of the independent contractor's booth rental permit.
(d) Each barbershop may display a barber pole. This pole shall be the traditional red, white with the optional blue.
(e) In addition, barbershops shall display on the exterior of the building or premises a sign containing the words "Barber Shop" or "Barber Salon" or any phrase containing the word "Barber".
(f) Food or drink must be disposed of in a closed container and the shop shall be separated by a solid wall and have a separate entrance if located in the same building with a restaurant or food preparation area. This rule will not apply to a licensed barbershop or specialty shop in a department store when the sale of food and drink is not immediately adjacent to the shop.
(g) A shop shall provide for the use of individuals who work in the shop at least one sink, wash basin, or hand sanitizer for every three chairs or stations.
(h) Only a permitted barber school, barbershop, or
[
manicurist
] specialty shop or a licensed barber may advertise
in the yellow pages of the telephone directory under "Barber."
(i) A shop is responsible for compliance with the health and safety standards of this chapter.
(j) Alterations to the shop's floor plan must be in compliance with the requirements of the Act and this chapter.
(k) A barber establishment shall display in the establishment, in a conspicuous place clearly visible to the public, a copy of the establishment's most recent inspection report issued by the department.
(l) Shops may establish rules of operation and conduct, which may include rules relating to clothing, that do not conflict with this chapter.
(m) Shops shall notify the department in writing of any name change of the shop within thirty days of the change.
(n) Shops shall maintain a current mailing address on file with the department and must notify the department not later than thirty days following any change of mailing address.
(o) Hair weaving specialty shops shall provide the following equipment for each licensee present and providing services:
(1) one work station;
(2) one styling chair;
(3) a sufficient amount of shampoo bowls for licensees providing hair weaving services; and
(4) one chair dryer/handheld dryer for each three licensees providing hair weaving services.
(p) Hair braiding specialty shops shall provide the following equipment for each licensee present and providing services:
(1) one work station; and
(2) one styling chair.
§82.80.Fees.
(a) Application Fees:
(1) Class A Registered Barber License--$90 (includes $10 newsletter fee)
(2) Barber Teacher Certificate--$70
(3) Barber Technician License--$40 (includes $10 newsletter fee)
(4) Manicurist License--$40 (includes $10 newsletter fee)
(5) Student Permit--$35 (includes $10 law and rules book fee)
(6) Hair Weaving Specialty Certificate of Registration--$53 (includes $10 newsletter fee)
(7) Hair Braiding Specialty Certificate of Registration--$53 (includes $10 newsletter fee)
(8)
[
(6)
] Registered Examination
Proctor--$25
(9)
[
(7)
] Barbershop Permit--$60
(10)
[
(8)
] [
Manicurist
]
Specialty Shop Permit--$50
(11)
[
(9)
] Booth Rental Permit--$50
(12)
[
(10)
] School Original
Permit--$500
[
Inspection (Permit)--$1,000
]
(b) Renewal Fees:
(1) Class A Registered Barber License--$90 (includes $10 newsletter fee)
(2) Barber Teacher Certificate--$70
(3) Barber Technician License--$90 for licenses expiring on or before May 31, 2006; $40 for licenses expiring on or after June 1, 2006 (includes $10 newsletter fee)
(4) Manicurist License--$40 (includes $10 newsletter fee)
(5) Student Permit--No charge
(6) Hair Weaving Specialty Certificate of Registration--$53 (includes $10 newsletter fee)
(7) Hair Braiding Specialty Certificate of Registration--$53 (includes $10 newsletter fee)
(8)
[
(6)
] Registered Examination Proctor--$25
(9)
[
(7)
] Barbershop Permit--$60
(10)
[
(8)
] [
Manicurist
]
Specialty Shop Permit--$50
(11)
[
(9)
] Booth Rental Permit--$50
(12)
[
(10)
] School Permit--$300
(c) License by Reciprocity or Endorsement--$100
(d) Issuance of a revised or duplicate license, certificate or permit--$25
(e) Verification of license, permit or certificate to other states--$25
(f) Law and Rules Book Fee--$10
(g) Registered Examination Proctor Department Training Course--$50
(h) Late renewals fees for licenses, certificates and permits issued under this chapter are provided under §60.83 of this title (relating to Late Renewal Fees).
(i) Inspection Fees (for each occurrence):
(1)
Inspection or Reinspection of school prior
to operation--$500
[
Reinspection of shop prior to operation--$35
]
[
(2)
Reinspection of school
prior to operation--$500]
(2)
[
(3)
] Risk-based Inspection
Fees for schools and shops--$150
§82.106.Health and Safety Standards--Manicure and Pedicure Services.
(a) Barbers and barber manicurists shall clean their hands with soap and water or a hand sanitizer prior to performing any services.
(b) Barbers and barber manicurists shall clean the areas of the client's body on which the service is to be administered.
(c) All
metal
[
non-porous
] manicure
and pedicure tools shall be properly cleaned, disinfected and sterilized
prior to each service, in accordance with this chapter, regardless
of the tool's multiuse for only a single client or for multiple clients.
(d) After each client, the following implements shall be cleaned, disinfected, and sterilized in accordance with the rule: metal pusher and files, cuticle nipper and scissors, tweezers, finger and toe nail clippers and electric drill bits.
(e) The following implements are single-use items and shall be discarded after use: orangewood sticks, cotton balls, nail wipes and disposable towels.
(f) Buffer blocks, porous nail files, pedicure files, callus rasps, natural pumice and foot brush, arbor, sanding bands, sleeves, heel and toe pumice, exfoliating block (rough surfaced or absorbent materials) shall be cleaned by manually brushing or other adequate methods to remove all visible debris after each use, and then sprayed with Isopropyl or ethyl alcohol, an EPA-registered bactericidal, fungicidal, and virucidal disinfectant, or a high-level disinfection chlorine bleach solution in accordance with this chapter. If a buffer block or porous nail file is exposed to broken skin (skin that is not intact) or unhealthy skin or nails, it must be discarded immediately after use in a trash receptacle.
(g) The following materials that are used during a manicure and pedicure shall be replaced with new or clean articles for each client: terry cloth towels, finger bowls and spatulas that contact skin or skin products from multi-use containers.
§82.110.Health and Safety Standards--Hair Weaving and Hair Braiding Services.
(a)
Hair weavers and hair braiders
[
Barbers
] shall wash their hands with soap and water, or use a liquid
hand sanitizer, prior to performing any services on a client.
(b) All equipment, implements, tools and materials shall be properly cleaned and disinfected in accordance with this rule prior to servicing each client.
(c) Hair extensions, tracks, needles, and thread shall be stored in a bag or covered container until ready to use. No unrelated items shall be stored in the same bag or container.
(d) Needles shall be sprayed with a disinfectant before use.
§82.114.Health and Safety Standards--Establishments.
(a) Establishments shall keep the floors, walls, ceilings, shelves, furniture, furnishings, and fixtures clean and in good repair. Any cracks, holes, or other similar disrepair not readily accessible for cleaning shall be repaired or filled in to create a smooth, washable surface.
(b) All floors in areas where services under the Act are performed, including restrooms and areas where chemicals are mixed or where water may splash, must be of a material which is not porous or absorbent and is easily washable, except that anti-slip applications or plastic floor coverings may be used for safety reasons. Carpet is permitted in all other areas.
(c) Plumbing fixtures, including toilets and wash basins, shall be kept clean. They must be free from cracks and similar disrepair that cannot be readily accessible for cleaning.
(d) Each establishment must have suitable plumbing that provides an adequate and readily available supply of hot and cold running water at all times and that is connected for drainage of sewage and potable water within the areas where work is performed and supplies dispensed.
(e) Every establishment shall provide at least one restroom located on or near the premises of the establishment. For public safety, chemical supplies shall not be stored in the restroom.
(f) Food or beverages shall not be prepared on licensed
premises for sale [
or client consumption
]. Pre-packaged
food or beverages may be sold to or consumed by clients.
(g) For public health and safety, licensed premises shall eliminate any strong odors through adequate ventilation, including but not limited to, exhaust fans and air filtration to exhaust chemicals and fumes away from the public area and to provide for the input of fresh air.
(h) Licensed premises shall not be utilized for living or sleeping purposes, or any other purpose that would tend to make the premises unsanitary, unsafe, or endanger the health and safety of the public. An establishment that is attached to a residence must have an entrance that is separate and distinct from the residential entrance. Any door between a residence and a licensed facility must be closed during business hours.
(i) No animals with the exception of those providing assistance to individuals are allowed in establishments. Covered aquariums are allowed provided that they are maintained in a sanitary condition.
§82.120.Technical Requirements--Curricula.
(a) - (e) (No change.)
(f) The curriculum for the hair braiding specialty certificate of registration consists of 35 hours as follows:
(g) The curriculum for the hair weaving specialty certificate of registration consists of 300 hours as follows:
(h)
[
(f)
] The curriculum for
a barber refresher course consists of 300 hours as follows:
[
Figure: 16 TAC §82.120(f)
]
(i)
[
(g)
] The changes to this
section, as adopted by the commission on June 14, 2006, shall apply
to students who enroll in a barber school on or after September 1,
2006.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August 6, 2007.
TRD-200703401
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Earliest possible date of adoption: September 16, 2007
For further information, please call: (512) 463-7348