BARBERS - Texas Department Of Licensing And Regulation
BARBERS Administrative Rules of the Texas Department of Licensing and Regulation 16 Texas Administrative Code, Chapter 82 (Effective March 15, 2020) TABLE OF CONTENTS 82.1. 82.10. 82.20. 82.21. 82.22. Authority . 1 Definitions . 1 License Requirements--Individuals . 3 License Requirements--Examinations . 5 Permit Requirements--Barbershops, Specialty Shops, Dual Shops, Mini-Barbershops, Mini-Dual Shops, Mobile Shops, and Booth Rental . 5 82.23. Permit Requirements--Barber Schools . 6 82.26. License Requirements--Renewals . 7 82.28. Substantial Equivalence or Endorsement and Provisional Licensure . 7 82.29. Establishment Relocation, Change of Ownership, Owner Death or Incompetency . 8 82.31. Licenses--License Terms . 9 82.40. Barber School Tuition Protection Account . 9 82.50. Inspections--General . 10 82.51. Initial Inspections--Inspection of Barber Schools Before Operation . 11 82.52. Periodic Inspections . 11 82.54. Corrective Modifications Following Inspection . 12 82.65. Advisory Board on Barbering . 12 82.70. Responsibilities of Individuals . 12 82.71. Responsibilities of Barbershops, Specialty Shops, Dual Shops, Mini-Barbershops, and Mini-Dual Shops. 13 82.72. Responsibilities of Barber Schools . 15 82.73. Responsibilities of Students . 18 82.74. Responsibilities--Withdrawal, Reentry, or Transfer of Student . 18 82.77. Remote Service Business Responsibilities . 19 82.78. Responsibilities of Mobile Shops . 20 82.80. Fees . 21 82.90. Administrative Penalties and Sanctions . 22 82.100. Health and Safety Definitions . 23 82.101. Health and Safety Standards--Department-Approved Disinfectants . 23 82.102. Health and Safety Standards--General Requirements . 25 82.103. Health and Safety Standards--Hair Cutting, Styling, Treatment and Shaving Services . 25 82.104. Health and Safety Standards--Facial Services . 26 82.105. Health and Safety Standards--Waxing Services . 26 82.106. Health and Safety Standards--Manicure and Pedicure Services . 27 82.107. Health and Safety Standards--Electric Drill Bits . 27 82.108. Health and Safety Standards--Footspas . 28 82.109. Health and Safety Standards--Wig and Hairpiece Services . 29 82.110. Health and Safety Standards--Hair Weaving and Hair Braiding Services . 29 82.111. Health and Safety Standards--Blood and Body Fluids . 29 82.112. Health and Safety Standards--Prohibited Products or Practices . 30 82.113. Health and Safety Standards--FDA . 30 82.114. Health and Safety Standards--Establishments . 30 82.120. Technical Requirements—Curricula Standards . 31
82.1. Authority. (Rule effective December 8, 2005, 31 TexReg 8075) These rules are promulgated under the authority of the Texas Occupations Code Chapters 51, 1601 and 1603. 82.10. Definitions. (Rule effective December 8, 2005, 31 TexReg 8075; amended effective March 1, 2006, 31 TexReg1297; amended effective August 1, 2006, 31 TexReg 5947; amended effective October 11, 2007, 32 TexReg 7048; amended effective January 1, 2008, 32 TexReg 9966; amended effective February 1, 2012, 37 TexReg 319; amended effective January 1, 2014, 38 TexReg 9518; amended effective July 1, 2014, 39 TexReg 4646; amended effective January 1, 2016, 40 TexReg 8758; amended effective January 15, 2018, 43 TexReg 79; amended effective March 15, 2020, 45 TexReg 1688) 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, mini-barbershop, specialty shop, dual shop, mini-dual shop, mobile shop, or school that is subject to regulation under the Act. (3) Barber Instructor--A person authorized by the department to perform or offer instruction in any act or practice of barbering under Texas Occupations Code §1601.002. (4) Barber School--An entity that holds a permit issued under this chapter to teach the practice of barbering and that may be privately or publicly funded. The term includes a barber college. (5) Barber Technician--A person who holds a specialty license and who is authorized to practice the services defined in Texas Occupations Code §1601.002(1)(C), (D), (F), and (G). (6) Barber Technician/Manicurist--A person who holds a specialty license and who is authorized to practice the services defined in Texas Occupations Code §1601.002(1)(C) - (G). (7) Barber Technician/Hair Weaver--A person who holds a specialty license and who is authorized to practice the services defined in Texas Occupations Code §1601.002(1)(C), (D), (G) and (H). (8) Beard--The beard extends from below the line of demarcation and includes all facial hair regardless of texture. (9) Board--The Advisory Board on Barbering. (10) Booth Rental Permit--A permit issued or renewed to an applicant at the same time the applicant is issued one of the following license types: barber, barber instructor, specialty instructor, barber technician, manicurist, barber technician/manicurist, barber technician/hair weaver, or hair weaver; which allows the holder to lease space on the premises of a barber shop, specialty shop, minibarbershop, dual shop, or mini-dual shop to engage in the practice of barbering as an independent contractor. (11) Class A Barber--A person authorized by the department to perform any act or practice of barbering under Texas Occupations Code §1601.002. (12) Commission--The Texas Commission of Licensing and Regulation. (13) Common Area--An area within a barbering establishment that contains equipment and facilities available for use by all persons who practice barbering on the premises under a license, certificate, or permit issued under this chapter. (14) Department--The Texas Department of Licensing and Regulation. (15) Distance Education--A formal instructional process in which the student and teacher are separated by physical distance and a variety of communication technologies are used to deliver instruction in theory to the student. Courses taught by distance education do not satisfy the requirements of the practical portion of the course curriculum. Chapter 82, Barbers Page 1-R March 15, 2020
(16) Digital Network--Any online-enabled application, Internet website, or system offered or used by a remote service business that allows a client to arrange for a digitally prearranged remote service. (17) Digitally Prearranged Remote Service--A barbering or cosmetology service performed for compensation by a person holding a license, certificate of registration, or permit under Texas Occupations Code, Chapter 1601 or 1602 or this chapter that is: (A) prearranged through a digital network; and (B) performed at a location other than a place of business that is licensed or permitted under Texas Occupations Code, Chapter 1601, 1602, or 1603. (18) Dual Shop--A shop owned, operated, or managed by a person holding a dual barber and beauty shop license issued under Texas Occupations Code, Chapter 1603. (19) Guest Presenter--A person who possesses subject matter knowledge in a specific curriculum topic and who has the teaching ability necessary to impart the information to students. Instruction is limited to the presenter’s area of expertise and a licensed instructor must be present during the classroom sessions in order for students to earn hours. (20) 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. (21) Hair weaver--A person who holds a Hair Weaving Specialty Certificate of Registration and who may perform only the practice of barbering as defined in Texas Occupations Code, §1601.002(1)(H). (22) License--A license, permit, certificate, or registration issued under the authority of the Act. (23) License by Substantial Equivalence--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. (24) 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. (25) Manicurist--A person who holds a specialty license and who is authorized to practice the services defined in Texas Occupations Code §1601.002(1)(E) and (F). (26) Mini-Barbershop--A barber establishment in which a person practices barbering under a license, certificate, or permit issued under this chapter and which consists of a room or suite of rooms that is one of a number of connected establishments in a single premises that open onto a common hallway or common area. (27) Mini-Dual Shop--A shop owned, operated, or managed by a person holding a mini-barber and minibeauty shop license under Texas Occupations Code §1603.207. (28) Mini-Barbershop Permittee--A person or entity that holds a license for a mini-barbershop or minidual shop. The mini-barbershop permittee shall be responsible for rules under Texas Occupations Code, Chapters 1601, 1602, and 1603 and 16 TAC Chapters 82 and 83 for its mini-barbershop or mini-dual shop. (29) Mobile Shop--A barbershop, specialty shop, or dual shop that is operated in a self-contained, selfsupporting, enclosed mobile unit. (30) 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 substantial equivalence. Chapter 82, Barbers Page 2-R March 15, 2020
82.20. (31) Remote Service Business--A corporation, partnership, sole proprietorship, or other entity that, for compensation, enables a client to schedule a digitally prearranged remote service with a person holding a license, certificate of registration, or permit under Texas Occupations Code, Chapters 1601, 1602, or 1603. (32) Self-Contained--Containing within itself all that is necessary to be able to operate without connecting to outside utilities such as water and electricity. (33) Sideburn--Part of a haircut 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. (34) Special Event--Includes weddings, quinceaneras, pageants, proms, debutante balls, birthday parties, religious and cultural ceremonies, and on-stage performances. (35) Specialty Instructor--A person authorized by the department to perform or offer instruction in an act or practice of barbering limited to Texas Occupations Code §1601.002(1)(C) - (H). (36) Specialty Shop--A barber establishment in which only the practice of barbering as defined in Texas Occupations Code §1601.002(1)(E), (F), or (H) is performed. (37) Student Permit--A permit issued by the department to a student enrolled in barber school which states the student’s name and the name of the school. A person holding an active student permit may shampoo and condition a person’s hair in a facility licensed under Texas Occupations Code, Chapters 1601 and 1603. (38) 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. License Requirements--Individuals. (Rule effective December 8, 2005, 31 TexReg 8075; amended effective March 1, 2006, 31 TexReg 1297; amended effective August 1, 2006, 31 TexReg 5947; amended effective October 11, 2007, 32 TexReg 7048; amended effective February 1, 2012, 37 TexReg 319; amended effective January 1, 2014, 38 TexReg 9518; amended effective July 1, 2014, 39 TexReg 4646; amended effective January 1, 2016, 40 TexReg 8758; amended effective January 15, 2018, 43 TexReg 79; amended effective March 15, 2020, 45 TexReg 1688) (a) (b) (c) (d) To be eligible for a Class A Barber Certificate, Barber Instructor License, Barber Technician License, Manicurist License, Barber Technician/Manicurist License, Barber Technician/Hair Weaving License or Hair Weaving Specialty Certificate of Registration, an applicant must: (1) submit the completed 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, this section, and the applicable curriculum standards set forth in §82.120. To be eligible for a Student Permit, an applicant must: (1) submit the completed application on a department-approved form; (2) pay the fee required under §82.80; and (3) meet other applicable requirements of the Act, this section and the applicable curriculum standards set forth in §82.120. 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. Barber Instructor License--To be eligible for a Barber Instructor License, an applicant must meet the eligibility requirements set forth in Texas Occupations Code §1601.254. Chapter 82, Barbers Page 3-R March 15, 2020
(e) 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) 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. (h) Student Permit--To be eligible for a Student permit, an applicant must meet the eligibility requirements set forth in Texas Occupations Code §1601.260. (i) Barber Technician/Manicurist Specialty License--To be eligible for a Barber Technician/Manicurist Specialty License, an applicant must meet the eligibility requirements set forth in Texas Occupations Code §1601.262. (j) Barber Technician/Hair Weaving Specialty License--To be eligible for a Barber Technician/Hair Weaving Specialty License, an applicant must meet the eligibility requirements set forth in Texas Occupations Code §1601.263. (k) To be eligible for a Specialty Instructor License as a Manicurist Instructor, Barber Technician Instructor, Barber Technician/Manicurist Instructor, Barber Technician/Hair Weaving Instructor, or Hair Weaving Instructor, an applicant must: (1) submit the completed application on a department-approved form; (2) pay the fee required under §82.80; (3) be at least 18 years of age; (4) have a high school diploma or high school equivalency certificate; (5) hold a current specialty license in the specialty or specialties in which the applicant is seeking licensure; and (6) (l) (A) have completed a course consisting of 750 hours of instruction in barber courses and methods of teaching in a barber school; or (B) have at least one year of licensed work experience in each of the specialties in which the applicant is seeking licensure; and (i) have completed 500 hours of instruction in barber courses and methods of teaching in a barber school, or (ii) have completed 15 semester hours in education courses from an accredited college or university within the 10 years preceding the date of the application; or (iii) have obtained a degree in education from an accredited college or university; and pass a written and practical exam required under §82.21. To operate a remote service business an individual must be licensed to practice barbering and must: (1) in a manner prescribed by the department, notify the department of the intent to operate a remote service business; (2) provide a permanent mailing address; and Chapter 82, Barbers Page 4-R March 15, 2020
(3) (m) 82.21. verify that the remote service business complies with the requirements of the Act and this chapter. The purpose of this transition rule is to provide guidance on how to implement the transition from 1,500 to 1,000 hours. (1) Beginning January 1, 2020, the department may allow students enrolled on or after January 1, 2020 in a 1,500-hour program to transfer hours towards a 1,000-hour program if the hours meet the required technical standards. A student enrolling in barber school on or after January 1, 2020 may request to transfer completed hours of a 1,500-hour program towards an approved 1,000-hour program or to transfer to another school. (2) Upon request of a student enrolled on or after January 1, 2020, the school must apply hours earned towards a 1,000-hour program if the school has an approved 1,000-hour program or allow the student to transfer to another school. This rule expires on December 1, 2020. License Requirements--Examinations.(Rule effective December 8, 2005, 31 TexReg 8075; amended effective March 1, 2006, 31 TexReg 1297; amended effective August 1, 2006, 31 TexReg 5947; amended effective October 11, 2007, 32 TexReg 7048; amended effective February 1, 2012, 37 TexReg 319; amended effective July 1, 2014, 39 TexReg 4646; amended effective January 1, 2016, 40 TexReg 8758; amended effective March 15, 2020, 45 TexReg 1688) (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 hours required by this chapter and the Act. (b) A student enrolled in a 1,000-hour program is eligible to take the written examination when the department receives proof of completion of 900 hours. (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) Examinees must pass the written examination before being eligible to take the practical examination. (e) When appearing for an examination the examinee shall bring the instruments necessary to give a practical demonstration of the barbering services applicable to the license for which the examinee is applying. (f) The examinee may 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. (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. (h) Examinees are required to wear a smock or professional attire for the practical examination. (i) The department will notify an examinee if the examinee fails either the written or practical examination. (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, Specialty Shops, Dual Shops, Mini-Barbershops, Mini-Dual Shops, Mobile Shops, and Booth Rental .(Rule effective December 8, 2005, 31 TexReg 8075; amended effective March 1, 2006, 31 TexReg1297; amended effective October 11, 2007, 32 TexReg 7048; amended effective January 1, 2008, 32 TexReg 9966 amended effective February 1, 2012, 37 TexReg 319; amended effective July 1, 2014, 39 TexReg 4646; amended effective January 1, 2016, 40 TexReg 8758; amended effective January 15, 2018, 43 TexReg 79; amended effective March 15, 2020, 45 TexReg 1688) (a) To be eligible for a Barbershop, Specialty Shop Permit, a Dual Shop or Mobile Shop License, MiniBarbershop or Mini-Dual Shop Permit, or a Booth Rental Permit, an applicant must: Chapter 82, Barbers Page 5-R March 15, 2020
(1) submit the completed 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) Specialty Shop Permit--To be eligible for a Specialty Shop Permit, an applicant must meet the eligibility requirements set forth in Texas Occupations Code §1601.304 and §1601.305. The categories of Specialty Shop Permits issued by the department are: manicurist and hair weaving. (d) Dual Shop License--To be eligible for a Dual Shop License, an applicant must comply with the requirements of the Act, this chapter, Texas Occupations Code, Chapter 1602, and 16 TAC Chapter 83 for obtaining a beauty salon license and a barbershop permit. (e) Mini-Barbershop Permit--To be eligible for a Mini-Barbershop Permit, an applicant must meet the eligibility requirements set forth in Texas Occupations Code §1601.303 and §1603.207. (f) Mini-Dual Shop Permit--To be eligible for a Mini-Dual Shop Permit, an applicant must comply with the requirements of the Act, this chapter, Texas Occupations Code, Chapter 1602, and 16 TAC Chapter 83 for obtaining a beauty salon license and a barbershop permit. (g) Mobile Shop License--To be eligible for a Mobile Shop License, an applicant must: (1) provide a permanent physical address from which the mobile unit is dispatched and to which the mobile unit is returned when not in use; (2) provide a permanent mailing address where correspondence from the department may be received; and (3) verify that the mobile shop complies with the requirements of the Act and this chapter. (h) Booth Rental Permit--To be eligible for a booth rental permit, an applicant must hold a valid departmentissued Class A barber certificate, barber technician license, barber technician/manicurist license, barber technician/hair weaving license, barber instructor license, specialty instructor license, manicurist license, or hair weaving specialty certificate of registration and meet the requirements of this section. (i) To operate a remote service business, a Barbershop, specialty shop, dual shop, mobile shop, mini-barbershop, or mini-dual shop must: 82.23. (1) in a manner prescribed by the department, notify the department of the intent to operate a remote service business; (2) provide a permanent mailing address; and (3) verify that the remote service business complies with the requirements of the Act and this chapter. Permit Requirements--Barber Schools.(Rule effective December 8, 2005, 31 TexReg 8075; amended effective March 1, 2006, 31 TexReg 1297; amended effective February 1, 2012, 37 TexReg 319; amended effective January 1, 2014, 38 TexReg 9518; amended effective January 15, 2018, 43 TexReg 79) (a) To be eligible for a Barber School Permit, an applicant must: (1) submit the completed application on a department-approved form; (2) pay the fee required under §82.80; Chapter 82, Barbers Page 6-R March 15, 2020
(3) satisfy the facility and equipment requirements of Texas Occupations Code §1601.353; and (4) meet other applicable requirements of the Act and this chapter. (b) In addition to the eligibility requirements of subsection (a), a private barber school must also pay any required fee under §82.40 and provide adequate proof of financial responsibility. (c) A school must be inspected and approved by the department prior to the operation of the school. (d) Barber schools that offer instruction to persons seeking a certificate, license, or permit under this chapter must have and maintain at a minimum the following: (1) a building of permanent construction that must include classroom and practical areas covered in a hard-surface floor covering of tile or other suitable material; (2) access to permanent restrooms and adequate drinking fountain facilities; and (3) adequate space, equipment, lighting, and instructional materials to provide quality classroom training to the number of students enrolled. (e) Barber schools must comply with all health and safety standards established by this chapter. 82.26. License Requirements--Renewals.(Rule effective December 8, 2005, 31 TexReg 8075; amended effective August 1, 2006, 31 TexReg 5947) To renew a license, permit, registration or certificate, an applicant must: 82.28. (1) continue to meet the requirements for license, permit, registration or certificate issuance; (2) comply with other applicable requirements of the Act or these rules; (3) submit a completed renewal application on a form approved by the department; and (4) pay the applicable fee under §82.80. Substantial Equivalence or Endorsement and Provisional Licensure . (Rule effective December 8, 2005, 31 TexReg 8075; amended effective March 1, 2006, 31 TexReg 1297; amended effective January 1, 2014, 38 TexReg 9518; amended effective January 1, 2016, 40 TexReg 8758; amended effective March 15, 2020, 45 TexReg 1688) (a) The examination requirement shall be waived for any person who completes the application for and payment of fees prescribed by the department for a certificate of registration, license, or permit and who submits satisfactory proof that he or she holds an active and valid certificate, license or permit from another state or country that has substantially equivalent licensing requirements to those of the State of Texas. (b) Applicant must: (1) submit a completed application on a department-approved form; (2) pay the fee for license by substantial equivalence, the applicable license application fee, and the law and rules book fee, under §82.80; (3) be at least 16 years of age and have at least a seventh grade education; (4) furnish an active and valid license or certificate from the home licensing state or country; and (5) provide one of the following: (A) Chapter 82, Barbers a letter from the licensing board in the home state, bearing its official seal of office, stating that the applicant's license is active, valid and in good standing; or Page 7-R March 15, 2020
(B) if the applicant is from a territory or foreign country, provide documents verified by a certified credentialing agency confirming that the licensure in the territory or foreign country was obtained by standards substantially equivalent to those
dual shop. The mini-barbershop permittee shall be responsible for rules under Texas Occupations Code, Chapters 1601, 1602, and 1603 and 16 TAC Chapters 82 and 83 for its mini-barbershop or mini-dual shop. (29) Mobile Shop--A barbershop, specialty shop, or dual shop that is operated in a self-contained, self-supporting, enclosed mobile unit.
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