Barbering

Justification for Adoption of Administrative Rule

JUSTIFICATION FOR ADMINISTRATIVE RULE ADOPTION
Barbers
16 Texas Administrative Code, amendments to Chapter 82, §§82.10, 82.20 - 82.22, 82.28, 82.52, 82.70, 82.72, 82.74, 82.80, 82.120, and new rule §82.77

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 82, §§82.10, 82.20 - 82.22, 82.28, 82.52, 82.70, 82.72, 82.74, 82.80, 82.120, and new rule §82.77, regarding the Barbers program, without changes to the proposed text as published in the January 3, 2020 issue of the Texas Register (45 TexReg 35).

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC Chapter 82, Barbers, implement Texas Occupations Code, Chapter 1601, Barbers and Chapter 1603, Regulation of Barbering and Cosmetology.

The adopted rules implement necessary changes as required by House Bill (HB) 2847, 86th Legislature, Regular Session (2019).

As required by HB 2847, the adopted rules increase the inspection cycle for establishments that provide certain services and provide for the regulation of remote service businesses and digitally prearranged remote services.

The adopted rules also include recommendations from the Advisory Board’s workgroups to reduce regulatory burdens by removing outdated requirements for schools and provide more clarity to the industry by using more updated and standardized terminology.

The adopted rules include lowering the number of hours required to obtain a Class A Barber license from 1,500 to 1,000 hours, which the Advisory Board on Barbering (Advisory Board) recommended to be proposed for public comment.

The Advisory Board met on February 10, 2020, to discuss the proposed rules and the comments received. The Advisory Board recommended that the Commission adopt the proposed rules, without changes, with the exception of the reduction from 1,500 to 1,000 hours, as published in the Texas Register. The Advisory Board split 2-2 on the vote to lower the hours from 1,500 to 1,000 and failed to make a recommendation to the Commission on this issue.

SECTION-BY-SECTION SUMMARY

The adopted rules amend §82.10, by adding definitions for “Digital Network,” “Digitally Prearranged Remote Service,” and “Remote Service Business.” The adopted rules update terminology by removing the incorrect term of “reciprocity” and replacing it with the term “substantial equivalence.”

The adopted rules amend §82.20, by adding the term “standards” after “curriculum” for clarity, providing for the orderly transition from 1,500 to 1,000 hours for students and schools, and establishing requirements for individuals to notify the Department of their intention to operate a remote service business as established by HB 2847.

The adopted rules amend §82.21, by removing the term “curriculum” for clarity, allowing for examinees to have the option of using a live model or mannequin to perform their practical exam; and removing requirements for 1,500-hour programs.

The adopted rules amend §82.22, by establishing requirements for barbershops, specialty shops, dual shops, mobile shops, mini-barbershops, or mini-dual shops to notify the Department of their intention to operate a remote service business as established by HB 2847.

The adopted rules amend §82.28, by updating incorrect use of the term “reciprocity” with the term “substantial equivalence” and lowers the number of hours required for training from 1,500 to 1,000 hours for substantial equivalence.

The adopted rules amend §82.52, by increasing the inspection cycle for certain barbershops, specialty shops, dual shops, mini-barbershops, and mini-dual shops from two to four years. Barbershops, specialty shops, dual shops, mini-barbershops, and mini-dual shops that practice: treating a person’s nails by cutting, trimming, polishing, tinting, coloring, cleansing, manicuring, or pedicuring; or attaching false nails; or massaging, cleansing, treating, or beautifying a person's hands will remain on a two-year inspection cycle.

The adopted rules amend §82.70, by clarifying that a licensee performing digitally prearranged remote services is allowed to perform these services at a location other than a licensed facility if the appointment is made through a remote service business’s digital network. These adopted rules implement HB 2847.

The adopted rules amend §82.72, by updating language and equipment requirements for barber schools by removing outdated requirements to remove regulatory burdens and provide clarity.

The adopted rules amend §82.74, by rewording subsection (a) for clarity and correctly referencing “class” days instead of “barber curriculum” days and changes the required hours for out-of-state transfer students from 1,500 to 1,000.

The adopted rules add new §82.77 regarding remote service business responsibilities. The adopted new rule outlines the requirements for operating a remote service business and the digitally prearranged remote services that may or may not be performed by a licensee working for a remote service business. This new rule implements HB 2847.

The adopted rules amend §82.80, by replacing the incorrect use of the term “reciprocity” with “substantial equivalence.”

The adopted rules amend §82.120, by adding the term “standards” after “curriculum” for clarity, lowering the number of curriculum hours required for a Class A Barber license from 1,500 to 1,000, and updating the curriculum standards for both Class A Barber private and public post-secondary barber schools and for high schools.

PUBLIC COMMENTS

The Department drafted and distributed the proposed rules to persons internal and external to the agency. The proposed rules were published in the January 3, 2020, issue of the Texas Register (45 TexReg 35). The deadline for public comments was February 3, 2020. The Department received comments from 76 interested parties on the proposed rules during the 30-day public comment period. The public comments are summarized below.

Comment: Twenty-nine commenters are against the reduction in hours from 1,500 to 1,000.

Department Response : House Bill 2847, 86th Legislature, Regular Session (2019) lowers the number of hours required to obtain a Cosmetology Operator License from 1,500 to 1,000.

As a result of this legislative change for the Cosmetologists program, the Advisory Board on Barbering met on November 4, 2019 to discuss lowering the number of hours required to obtain a Class A Barber License from 1,500 to 1,000. The Advisory Board members reviewed several recommendations, listened to public testimony, and extensively discussed whether the hours should be reduced. The Advisory Board voted to propose rules to reduce the hours required for a Class A Barber License from 1,500 to 1,000.

On February 10, 2020, the Advisory Board met to discuss the proposed rules and comments received. The Advisory Board members split 2-2 on the vote to reduce the hours required for a Class A Barber License from 1,500 to 1,000 and failed to make a recommendation to the Commission.

The Department respectfully disagrees with these comments because upon consideration of the proposed rules, public comments received, and actions of the Advisory Board, the Commission debated and recommended that no changes to the proposed rules be made in response to this comment.

Comment: Fifteen commenters are in favor of the reduction of hours from 1,500 to 1,000.

Department Response : House Bill 2847, 86th Legislature, Regular Session (2019) lowers the number of hours required to obtain a Cosmetology Operator License from 1,500 to 1,000.

The Department respectfully agrees with these comments because upon consideration of the proposed rules, public comments received, and actions of the Advisory Board, the Commission debated and recommended that no changes to the proposed rules be made in response to this comment.

Comment: Six commenters asked specific questions regarding how the reduction in hours will affect them personally.

Department Response : House Bill 2847, 86th Legislature, Regular Session (2019) lowers the number of hours required to obtain a Cosmetology Operator License from 1,500 to 1,000.

These comments raise issue-specific questions about the application of the proposed rules for each commenter. These comments have been referred to the appropriate division for review.

Upon consideration of the proposed rules, public comments received, and actions of the Advisory Board, the Commission debated and recommended that no changes to the proposed rules be made in response to this comment.

Comment: Six commenters asked issue-specific questions regarding the transition and implementation of the 1,500 to 1,000-hour change.

Department Response : House Bill 2847, 86th Legislature, Regular Session (2019) lowers the number of hours required to obtain a Cosmetology Operator License from 1,500 to 1,000.

The commenters raise issue-specific questions regarding the application and procedures for schools to transition from 1,500 to 1,000. These comments have been referred to the appropriate division for review.

Comment: One commenter would like to see the curriculum changed or updated.

Department Response : House Bill 2847, 86th Legislature, Regular Session (2019) lowers the number of hours required to obtain a Cosmetology Operator License from 1,500 to 1,000.

There are no changes to the curriculum standards that are required to be taught by barber schools. This comment has been referred to the appropriate division for review.

No change has been made to the proposed rules in response to this comment.

Comment: Two commenters would like to know more information about “Hyaluron Pen Hyaluric Acid.”

Department Response : The comment regarding “Hyaluron Pen Hyaluric Acid” are beyond the scope of the proposed rules.

No change has been made to the proposed rules in response to these comments.

Comment: One commenter would like to know if they can get their instructor license for 100 hours because they have 1,500 hours.

Department Response : The commenter raises an issue-specific question. This comment is beyond the scope of the proposed rules. However, there have been no changes to the requirement for obtaining an instructor license.

No change has been made to the proposed rules in response to this comment.

Comment: One commenter would like a refund for their school tuition now that the hours have been reduced.

Department Response : The comment regarding refunds is beyond the scope of the proposed rules.

No change has been made to the proposed rules in response to these comments.

Comment: Two commenters would like to know how to renew their license.

Department Response : The comments regarding license renewal are beyond the scope of the proposed rules. This comment has been referred to the appropriate division for review.

No change has been made to the proposed rules in response to these comments.

Comment: One commenter would like to order the rules and regulation book.

Department Response : The comment regarding the rules and regulation book is beyond the scope of the proposed rules. This comment has been referred to the appropriate division for review.

No change has been made to the proposed rules in response to this comment.

Comment: One commenter has questions regarding remote services and wanted to know if the law was modeled after the law or rules of another state.

Department Response : The proposed rules implement House Bill 2847, 86th Legislature, Regular Session (2019) which implements remote services.

The Department is unaware of any other state that has similar laws or rules for remote services.

No change has been made to the proposed rules in response to this comment.

Comment: One commenter wanted to a copy of the proposed rules.

Department Response : This comment has been referred to the appropriate division for review.

No change has been made to the proposed rule in response to this comment.

Comment: One commenter submitted an email with their name and the name of their hair salon.

Department Response : The comment is beyond the scope of the proposed rules.

No change has been made to the proposed rules in response to these comments.

Comment: One commenter would like to know if there they will receive student loan forgiveness for 500 hours.

Department Response : House Bill 2847, 86th Legislature, Regular Session (2019) lowers the number of hours required to obtain a Cosmetology Operator License from 1,500 to 1,000.

The comment regarding student loan forgiveness is beyond the scope of the proposed rules.

Comment: One commenter would like to see the curriculum updated and apprenticeships for salons.

Department Response : House Bill 2847, 86th Legislature, Regular Session (2019) lowers the number of hours required to obtain a Cosmetology Operator License from 1,500 to 1,000.

There are no changes to the curriculum standards that are required to be taught by barber schools. Apprenticeships are beyond the scope of the proposed rules. The comment has been referred to the appropriate division for review.

Comment: One commenter would like to have a structure for the curriculum and allow each school to decide the hours.

Department Response : House Bill 2847, 86th Legislature, Regular Session (2019) lowers the number of hours required to obtain a Cosmetology Operator License from 1,500 to 1,000.

The curriculum standards are to ensure that all barber students receive minimum instruction in shaving, hair, nail, and skin care to ensure minimum competency. The proposed curriculum standards provide less prescriptive curriculum standards and allow schools more flexibility to determine what should be taught.

Comment: One commenter would like to wait and see the impact on the reduction of hours on the Cosmetologists program.

Department Response : House Bill 2847, 86th Legislature, Regular Session (2019) lowers the number of hours required to obtain a Cosmetology Operator License from 1,500 to 1,000.

Comment: One commenter hopes that the rules for the reduction of hours is well thought out and planned.

Department Response : House Bill 2847, 86th Legislature, Regular Session (2019) lowers the number of hours required to obtain a Cosmetology Operator License from 1,500 to 1,000.

On February 10, 2020, the Advisory Board met to discuss the proposed rules and comments received. The Advisory Board members split 2-2 on recommending the proposed rules reducing the hours required for a Class A Barber License from 1,500 to 1,000.

Comment: One commenter would like for students to be able to sit for early examinations prior to 900 hours.

Department Response : The proposed rules do not address early examination requirements. This comment is beyond the scope of the proposed rules and has been referred to the appropriate division for review.

No change has been made to the proposed rules in response to this comment.

Comment: One commenter asked specific questions regarding how the reduction in hours will affect them personally and is in favor of the proposed reduction in hours.

Department Response : House Bill 2847, 86th Legislature, Regular Session (2019) lowers the number of hours required to obtain a Cosmetology Operator License from 1,500 to 1,000.

This comment raises a specific question about the application of the proposed rules. This comment has been referred to the appropriate division for review.

Comment: One commenter would like to know how students will be affected by the reduction in hours and how the examination will change.

Department Response : House Bill 2847, 86th Legislature, Regular Session (2019) lowers the number of hours required to obtain a Cosmetology Operator License from 1,500 to 1,000.

This comment raises a specific question about the application of the proposed rules. This comment has been referred to the appropriate division for review.

There will be no changes to the examination as a result of these proposed rules.

Comment: One commenter believes that the proposed rules on remote services would be beneficial.

Department Response : The proposed rules implement House Bill 2847, 86th Legislature, Regular Session (2019) which implements remote services.

No change has been made to the proposed rules in response to this comment.

ADVISORY BOARD RECOMMENDATIONS AND COMMISSION ACTION

The Advisory Board on Barbering met on February 10, 2020, to discuss the proposed rules and the comments received. The Advisory Board recommended that the Commission adopt the proposed rules, without changes, except the reduction from 1,500 to 1,000 hours, as published in the Texas Register. The Advisory Board split 2-2 on the vote to lower the hours from 1,500 to 1,000 and failed to make a recommendation to the Commission on this issue.

Upon consideration of the proposed rules, public comments received, and actions of the Advisory Board, the Commission adopted the proposed rules without changes.

STATUTORY AUTHORITY

The rules are adopted under Texas Occupations Code, Chapters 51, 1601, and 1603, which authorize the Commission, the Department’s governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapters 51, 1601, and 1603. No other statutes, articles, or codes are affected by the adopted rules.

§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, 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, mini-barbershop, 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.

(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 mini-beauty 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 mini-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.

(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.

(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.

§82.20. License Requirements—Individuals .

(a) 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.

(b) 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.

(c) 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) 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.

(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

(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

(6) pass a written and practical exam required under §82.21.

(l) 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

(3) verify that the remote service business complies with the requirements of the Act and this chapter.

(m) 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.

§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 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.

(a) To be eligible for a Barbershop, Specialty Shop Permit, a Dual Shop or Mobile Shop License, Mini-Barbershop or Mini-Dual Shop Permit, or a Booth Rental 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 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 department-issued 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:

(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.

§82.28. Substantial Equivalence or Endorsement and Provisional Licensure.

(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) 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

(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 of Texas.

(c) Texas requires 1,000 hours of training substantially equivalent to the Texas curriculum. If the applicant graduated in a state that required less than 1,000 hours, documented work experience may be substituted at the rate of 25 hours per month worked, up to a maximum of 500 hours, or the applicant must complete the balance of hours required in an approved Texas barber school.

(d) The department may waive any license requirement, except for a license or certificate for a Class A Barber, Barber Technician, or Hair Weaver, for an applicant who holds a license from another state or country that has license requirements substantially equivalent to those of Texas.

(e) The department may issue a provisional license to applicants currently licensed in another jurisdiction who file an application for a Texas barber license by substantial equivalence.

(f) To be eligible for a provisional license, an applicant must:

(1) file a completed application for a Texas barber license by substantial equivalence;

(2) provide information sufficient for the department to verify the applicant's licensure in good standing, for at least two years immediately preceding the person's Texas application, in the same license type for which the person seeks the certificate or license; and

(3) have been licensed in a jurisdiction or foreign country in which the requirements for obtaining the same certificate or license are substantially equivalent to the requirements under the Act, including passage of a national examination or other examination recognized by the commission relating to the practice of the profession.

(g) A person issued a provisional license may perform those acts of barbering authorized by the provisional certificate or license pending the department’s approval or denial of an applicant’s license by substantial equivalence.

(h) A provisional certificate or license is valid until the date the department approves or denies the application for licensure by substantial equivalence. The department must approve or deny a provisional certificate or license holder’s application for a certificate or license by substantial equivalence not later than the 180th day after the date the provisional certificate or license is issued.

(i) The department shall issue a certificate or license by substantial equivalence to the provisional certificate or license holder if the person is eligible to hold a certificate or license under the Act.

(j) An applicant for licensure by substantial equivalence is eligible for a provisional certificate or license only once. A person who is denied licensure by substantial equivalence and subsequently reapplies for licensure by substantial equivalence is not eligible to obtain additional provisional certificates or licenses to practice barbering in Texas.

§82.52. Periodic Inspections.

(a) Except as provided by subsection (b) each barbershop, specialty shop, dual shop, mini-barbershop, and mini-dual shop shall be inspected at least once every four years. Each barber school shall be inspected at least twice per year.

(b) At least once every two years, the department shall inspect specialty shops that hold a license, certificate or permit at which the practice described in Texas Occupations Code, §§1601.002(1)(E) or (F) or 1602.002(a)(8) or (9) are performed.

(c) The barbershop, specialty shop, dual shop, mini-barbershop, or mini-dual 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 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. 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 violations, in accordance with §82.90.

(f) Based on the results of the periodic inspection, a barber establishment found out of compliance may be reinspected.

§82.70. Responsibilities of Individuals .

(a) For purposes of this section, "licensed facility" means the premises of a place of business that holds a license, certificate, or permit under Texas Occupations Code, Chapters 1601, 1602 and 1603.

(b) A licensee is restricted to working in a licensed facility but may perform a service within the scope of the license, at a location other than a licensed facility for a customer who:

(1) is unable to receive the services at a licensed facility because of illness or physical or mental incapacitation; or

(2) will receive the services in preparation for and at the location of a special event; and

(3) makes the appointment for services through a licensed facility.

(c) A licensee performing digitally prearranged remote services may perform these services at a location other than a licensed facility if the appointment is made through a remote service business’s digital network.

(d) Only a permitted barber school, barbershop, mini-barbershop, specialty shop, dual shop, mini-dual shop, mobile shop, or a licensed barber may advertise as a "Barber."

(e) License holders, including Class A barbers, barber instructors, barber technicians, barber technician/manicurists, barber technician/hair weavers, hair weavers, manicurists, and specialty instructors are responsible for compliance with the health and safety standards of this chapter.

(f) 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.

(g) Licensees shall notify the department in writing of any name change within thirty days of the change.

(h) Licensees shall maintain a current mailing address on file with the department and must notify the department within thirty days following any change of mailing address.

(i) Barbers, manicurists, barber instructors, specialty instructors, barber technicians, barber technician/manicurists, barber technician/hair weavers, or hair weavers who lease space on the premises of a barbershop, dual shop, or specialty shop to engage in the practice of barbering as an independent contractor must hold a booth rental permit.

§82.72. Responsibilities of Barber Schools .

(a) If a barber school changes ownership, the new owner must apply for a new school permit, including the new permit fee, ten days prior to the change of ownership.

(b) A new permit fee shall be required from a barber school that has changed ownership.

(d) A barber school must issue within seven days of enrollment each student his or her own textbook or books which shall contain all subjects referred to in Texas Occupations Code §1601.558. The department must approve each textbook or books before it may be used in a barber school.

(e) Within 30 days of enrollment, a barber school shall furnish to or ensure that each student is equipped with his or her own personal tools which must include the following:

(1) one professional electric clipper of modern design;

(2) one neck duster;

(3) one barber shears;

(4) one thinning shears;

(5) one razor equipped with disposable blades;

(6) three barber combs;

(7) one styptic powder or liquid styptic;

(8) one tool kit (carrying kit);

(9) one hair styling brush;

(10) one neck clip;

(11) one can clipper oil;

(12) one hand held hair dryer; and

(13) one T-edger or outliner.

(f) No student may take instruction or accrue hours for practical work unless he or she is equipped with the tools required in subsection (e).

(g) Each barber school shall have:

(1) for each student in attendance on the practical floor, enrolled in a manicurist course outlined in §82.120, one complete manicure table, one complete set of manicuring implements for plain and sculptured nails, and one textbook with complete instructions;

(2) an adequate supply of permanent wave rods, and optional hair styling rollers;

(3) a wig block;

(4) two mannequins, one long-haired and one short-haired;

(5) a minimum of one wig, one hairpiece, and hair extensions for weaving;

(6) one hooded hair dryer;

(7) if providing manicure or pedicure nail services, an autoclave, dry heat sterilizer or ultraviolet sanitizer.

(h) A student instructor may instruct theory only if assisted by a person holding a barber instructor's license.

(i) A barber school shall submit each application for student permit in a manner prescribed by the department.

(j) Students must have a permit to attend barber school and are authorized to only practice barbering in that school.

(k) The school must attach a current student photograph to the school's portion of the permit and to the student's portion of the permit. No student permit is valid unless these photographs are attached.

(l) A barber school shall maintain one album displaying the school's portion of student permits, including affixed picture, of all enrolled students. The permits shall be in alphabetical order. No student may accrue hours for practical work or theory unless the student's permit is displayed in accordance with this subsection.

(m) Each barber school approved by the department shall include in its instruction the curricula approved by the department.

(n) No business other than the teaching and practicing of barbering can be operated on the premises of a barber school, with the exception of vending machines or retail products directly relating to hair care.

(o) A barber school offering distance education must:

(1) obtain department approval before offering a course;

(2) provide students with the educational materials necessary to fulfill course requirements; and

(3) comply with the curriculum standard requirements set forth in §82.120 by limiting distance education to the maximum number of theory hours designated for each course type.

(p) Only a permitted barber school, barbershop, mini-barbershop, dual shop, mini-dual shop, mobile shop, or manicurist specialty shop or a licensed barber may advertise as a "Barber."

(q) Schools may establish rules of operation and conduct, which may include rules relating to student clothing, that do not conflict with this chapter.

(r) A student enrolled in a barber school must wear a clean uniform or smock during school hours.

(s) Barber schools are responsible for compliance with the health and safety standards of this chapter.

(t) Alterations to the school's floor plan must be in compliance with the requirements of the Act and this chapter.

(u) Barber schools shall notify the department in writing of any name change of the school within thirty days of the change.

(v) Barber schools 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.

(w) At least one time per month, barber schools shall submit to the department an electronic record of each student's accrued hours, in a manner and format prescribed by the department. Delayed data submission(s) are permitted only upon department approval, and the department shall determine the period of time for which a school may delay the electronic submission of data on a case by case basis. Upon department approval, a school may submit data required under this subsection in an alternate manner and format as determined by the department, if the school demonstrates that the requirements of this subsection would cause a substantial hardship to the school.

(x) Schools changing from clock hours to credit hours or credit hours to clock hours must apply with the department for approval, on a department approved form, prior to making any changes. Successful completion of 1 credit hour is equal to 37.5 clock hours. This equivalency will be used for conversion between clock hours to credit hour or credit hour to clock hours and the department must periodically assess this equivalency conversion to ensure it is an acceptable industry standard.

(y) A school shall maintain and have available for department and/or student inspection the monthly progress report required by Texas Occupations Code, §1601.561(a), documenting the daily attendance record of each student and number of credit hours earned. The school shall maintain the monthly progress report throughout the period of the student’s enrollment and for 48 months after the student completes the curriculum standards, withdraws, or is terminated.

(z) 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.

(aa) A barber school must have at least one instructor for every 25 students on the school's premises.

(bb) A barber school must have at least one instructor for every three student instructors on the school's premises. A student instructor shall concentrate on developing teaching skills and may not be booked with customers.

(cc) A barber school must ensure that guest presenters possess the necessary knowledge and teaching ability to present a curriculum topic and that a licensed instructor is present during the guest presenter's classroom instruction.

(dd) A private barber school or post-secondary barber school may provide barber instruction to public high school students by contracting with the school district and complying with Texas Education Agency law and rules. A public high school student receiving instruction under such contract is considered to be a public high school student enrolled in a public school barber program for purposes of the Act and department rules.

§82.74. Responsibilities--Withdrawal, Reentry, or Transfer of Student.

(a) Withdrawal. Except for a documented leave of absence, schools shall electronically submit a student’s withdrawal or termination to the department within 10 calendar days after the withdrawal or termination. Except for a documented leave of absence, a school shall terminate a student who does not attend class for 30 consecutive days.

(b) Reentry. If a student returns to the same barber school after interruption, the school shall notify the department in writing, and a student permit shall be reissued.

(c) Transfer of student hours between Texas schools. When a barber school accepts a transfer of a student from another school, the accepting school shall notify the department of the transfer, on a form prescribed by the department, and request that the department issue a new student permit for the transferring student.

(1) Upon receipt of the accepting school's notification of transfer, the department shall notify the school at which the student was formerly enrolled of such transfer.

(2) Upon receipt of the department's transfer notification, the manager or owner of the barber school shall, within seven days of receipt of the department's transfer notification, send to the department the student permit with the following information written on the permit:

(A) the last day of the student's attendance;

(B) the number of credit hours accrued by the student; and

(d) Transfer of student hours from out of state.

(1) A student may transfer to Texas hours of barber training received from a school of another state by providing the following to the department:

(A) an official transcript from the school attended, showing hours credited;

(B) a statement from the licensing authority of the other state showing hours credited; and

(2) If the student has not completed 1,000 hours in another state, credit for hours completed will be given when he or she is enrolled in a Texas barber school and when a student permit is issued.

§82.77. Remote Service Business Responsibilities .

(a) A licensee may not operate a remote service business without first providing notice to the department in accordance with this chapter.

(b) Only licensed individuals may perform digitally prearranged remote services.

(c) A remote service business must comply with the requirements of the Act, this chapter, and all health and safety requirements, as applicable.

(d) A remote service business may not offer a barbering service that requires treating or removing a person’s hair by:

(1) coloring;

(2) processing;

(3) bleaching;

(4) dyeing;

(5) tinting; or

(6) using a cosmetic preparation.

(e) A remote service business may offer only the following barbering services:

(1) haircutting, hairstyling, wigs, artificial hairpieces, or weaving a person's hair by thread and needle or attaching by clamps or glue;

(2) arranging, beautifying, shaving, styling, or trimming a person’s mustache or beard;

(3) beautifying a person's face, neck, or arms using, antiseptic, tonic, lotion, powder, oil, clay, or cream;

(4) removing superfluous hair on the face using tweezers; and

(5) massaging, cleansing and treating person’s hands or feet for polish change manicures and pedicures, and non-whirlpool foot basin pedicures only.

(f) A remote service business may not offer portable whirlpool foot spa pedicures.

(g) A licensed individual performing digitally prearranged remote services must practice within the scope of the individual’s license and may only provide the services specifically authorized by this section.

(h) A remote service business shall provide through the business’s digital network prior to any digitally prearranged remote service being performed:

(1) the following information regarding the licensee who will perform the service:

(A) the person’s first and last name;

(B) the person’s license number, certificate of registration, or permit number, as applicable; and

(2) the following information regarding the business:

(A) Internet website address; and

(B) telephone number; and

(3) the department’s Internet website address and telephone number and notice that the client may contact the department to file a complaint against the remote service business or licensed individual performing the service.

(i) A remote service business shall maintain records and information showing compliance with this chapter and the Act until at least the fifth anniversary of the date the record was generated.

(j) A licensee who provides a digitally prearranged remote services is responsible for the services provided.

(k) A remote service business shall terminate a licensee’s access to the business’s digital network if the remote service business or department determine there has been a violation of:

(1) this chapter; or

(2) the Act.

(l) Before a licensee provides a digitally prearranged remote service, the remote service business and the licensee must ensure that all implements and supplies have been cleaned, disinfected, and sanitized or sterilized with department-approved disinfectants and in accordance with the requirements of the Act and this chapter.

(m) A remote service business and licensee performing remote services must ensure compliance with all safety and sanitations requirements related to the digitally prearranged remote services being provided and in accordance with the Act and this chapter.

(n) A remote service business shall maintain accurate records and information showing compliance with this chapter and the Act and must make these records available to the department upon request.

§82.80. Fees.

(a) Application Fees:

(1) Class A Barber Certificate--$55

(2) Barber Instructor License--$65

(3) Specialty License--Barber Technician, Manicurist, Barber Technician/Manicurist, Barber Technician/Hair Weaving--$30

(4) Student Permit--$25

(5) Specialty Certificate of Registration--Hair Weaving--$30

(6) Specialty Instructor License--Barber Technician, Manicurist, Barber Technician/Manicurist, Barber Technician/Hair Weaving, Hair Weaving--$65

(7) Barbershop Permit--$60

(8) Mini-Barbershop Permit--$60

(9) Specialty Shop Permit--$50

(10) Booth Rental Permit--No fee

(11) School Original Permit--$300

(12) Dual Shop--$130

(13) Mini-Dual Shop Permit--$60

(14) Mobile Shop--$60

(b) Renewal Fees:

(1) Class A Barber Certificate--$55

(2) Barber Instructor License--$65

(3) Specialty License--Barber Technician, Manicurist, Barber Technician/Manicurist, Barber Technician/Hair Weaving--$30

(4) Specialty Certificate of Registration--Hair Weaving--$30

(5) Specialty Instructor License--Barber Technician, Manicurist, Barber Technician/Manicurist, Barber Technician/Hair Weaving, Hair Weaving--$65

(6) Barbershop Permit--$60

(7) Mini-Barbershop Permit--$60

(8) Specialty Shop Permit--$50

(9) Booth Rental Permit--No fee

(10) School Permit--$200

(11) Dual Shop--$100

(12) Mini-Dual Shop Permit--$60

(13) Mobile Shop--$60

(d) Revised/Duplicate License/Certificate/Permit/Registration--$25

(e) Verification of license, permit or certificate to other states--$15

(f) Law and Rules Book Fee--$10

(g) 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).

(h) Initial Inspection or Re-inspection of school Fees (for each occurrence)--$200

(i) All fees are nonrefundable, except as otherwise provided by law or commission rule.

(j) Law and rule book fee is included in the application and renewal fees for student, individual and establishment licenses, certificates and permits.

§82.120. Technical Requirements--Curricula Standards.

(a) Requirement for enrollment. No person may enroll in an instructor's course in an approved barber school before receiving the appropriate license.

(b) The curriculum standards for the 750 hour barber instructor license must be completed in a course of not less than 20 weeks as follows:

Barber Instructor - 750 hour curriculum standards

(1) - instruction in theory, consisting of:-175 hours

-(A) - lesson planning-15 hours

-(B) - personality and professional conduct -15 hours

-(C) - development of a barber course-15 hours

-(D) - student learning principles-10 hours

-(E) - principles of teaching-35 hours

-(F) - basic teaching methods-35 hours

-(G) - teaching aids-10 hours

-(H) - Testing-10 hours

-(I) - self evaluation-10 hours

-(J) - teaching adults-10 hours

-(K) - classroom problems -5 hours

-(L) - classroom management -5 hours

(2) - instruction in practical work, consisting of:-575 hours

-(A) - assisting with students-350 hours

-(B) - theory class (assisting teacher, observing, teaching)-150 hours

-(C) - learning office procedures and state laws-50 hours

-(D) - grading test papers (assisting teacher, observing, grading)-25 hours

(c) The curriculum standards for the barber instructor license with one year experience consists of 500 hours to be completed in a course of not less than 13 weeks as follows:

BARBER INSTRUCTOR - 500 HOUR WITH 1 YEAR EXPERIENCE CURRICULUM STANDARDS

(1) - instruction in theory, consisting of:-125 hours

-(A) - lesson planning-15 hours

-(B) - personality and professional conduct -15 hours

-(C) - development of a barber course-15 hours

-(D) - student learning principles-10 hours

-(E) - principles of teaching-10 hours

-(F) - basic teaching methods -10 hours

-(G) - teaching aids-10 hours

-(H) - testing -10 hours

-(I) - self evaluation -10 hours

-(J) - teaching adults -10 hours

-(K) - classroom problems -5 hours

-(L) - classroom management -5 hours

(2) - instruction in practical work, consisting of:-375 hours

-(A) - assisting with students-250 hours

-(B) - theory class (assisting teacher, observing, teaching)-50 hours

-(C) - learning office procedures and state laws-50 hours

-(D) - grading test papers (assisting teacher, observing, grading)-25 hours

(d) The curriculum standards for the class A barber certificate in a private or public post-secondary barber school consists of 1,000 hours, to be completed in a course of not less than six months, as follows:

Basics: anatomy and physiology; disorders of the skin, scalp, hair and nails; chemistry (haircoloring, chemical waving, and relaxing); bacteriology, sterilization and sanitation; safety, first aid, and sanitation; barber implements, tools, equipment and related theory; and history of barbering - 150

Practice: shaving; mustaches and beards; haircutting; hairstyling; hair and scalp treatments, scalp massage; safety, first aid, and sanitation; hairweaving, extensions, and wigs; face and neck massage and treatments; facial hair removal; manicuring; chemistry (haircoloring, chemical waving, and relaxing); and razor techniques, safety, first aid, and sanitation. - 750

Business: Texas barber laws and rules; customer service; barbershop management; professional ethics and image; safety, sanitation, related practices and theory; and hygiene and good grooming. - 100

TOTAL-1,000

(e) The curriculum standards for the class A barber certificate while holding a cosmetology operator license consists of 300 hours, to be completed in a course of not less than 9 weeks, as follows:

Cosmetology Operator to Class A Barber curriculum standards

(1) - Instruction in theory, consisting of:-25 Hours

-(A) - History of Barbering-1

-(B) - Barber Laws and Rules Review-1

-(C) - Implements, Honing, and Stropping-5

-(D) - Shaving-5

-(E) - Men’s Haircutting and tapering-5

-(F) - Beard and Mustache Trimming and Design-1

-(G) - Hair color Review-1

-(H) - Permanent Waving and Relaxing Review-1

-(I) - Manicuring and Nail Care Review-1

-(J) - Facial Treatments and Skin Care Review-1

-(K) - Anatomy and Physiology Review-1

-(L) - Blow-dry Styling Review-1

-(M) - Shampooing and Conditioning Review-1

(2) - Instruction in practical work, consisting of:-275 Hours

-(A) - Men’s Haircutting and tapering-165

-(B) - Shaving, Mustache and Beard Trimming-85

-(C) - Hair coloring-5

-(D) - Permanent Waving and Relaxing-5

-(E) - Facial Treatments-5

-(F) - Shampooing and Conditioning and Blow-dry Styling-5

-(G) - Manicuring-5

(f) The curriculum standards for the class A barber certificate in a public secondary program for high school students consists of 1,000 hours of instruction in barber courses and 500 hours of related high school courses prescribed by the commission in a vocational barber program in a public school to be completed in a course of not less than six months, with the 1,000 hours as follows:

Business: Texas barber laws and rules; customer service; barbershop management; professional ethics and image; safety, sanitation, related practices and theory; and hygiene and good grooming - 100

TOTAL - 1,000

(g) The curriculum standards for the manicurist license consists of 600 hours, to be completed in a course of not less than 16 weeks, as follows:

MANICURIST CURRICULUM STANDARDS

(1) - instruction in theory, consisting of:-45 hours

-(A) - bacteriology, sterilization, and sanitation-16 hours

-(B) - manicuring, equipment, and procedures-4 hours

-(C) - the nail and disorders-4 hours

-(D) - Texas barber law and rules-4 hours

-(E) - anatomy and physiology-4 hours

-(F) - skin -4 hours

-(G) - professional ethics -3 hours

-(H) - hygiene and good grooming -3 hours

-(I) - advanced nail techniques-3 hours

(2) - instruction in practical work, consisting of:-555 hours

-(A) - shaping nails-96 hours

-(B) - applying polish-74 hours

-(C) - trimming cuticle and buffing nails-59 hours

-(D) - hand and arm massage-57 hours

-(E) - removal of polish-57 hours

-(F) - application of artificial and gel nails-44 hours

-(G) - applying cuticle remover and loosening-40 hours

-(H) - preparation of manicure table-40 hours

-(I) - softening cuticle-37 hours

-(J) - Bleaching under free edge-18 hours

-(K) - cleaning under free edge-18 hours

-(L) - applying cuticle oil or cream-15 hours

(h) The curriculum standards for the barber technician/manicurist license consists of 900 hours; to be completed in a course of not less than 24 weeks, as follows:

BARBER TECHNICIAN/MANICURIST CURRICULUM STANDARDS

THEORY

A - Bacteriology, sterilization, and sanitation hygiene (M/T)-37 hours

B - Manicuring, equipment, and procedures (M)-4 hours

C - The nail and disorders (M)-4 hours

D - Texas barber law and rules (M/T)-8 hours

E - Anatomy and physiology (M)-4 hours

F - Skin (M)-4 hours

G - Professional ethics (M/T)-7 hours

H - Advanced nail techniques (M)-3 hours

I - Common disorders of the skin; facial treatments (T)-4 hours

J - Shampooing, equipment, and procedures (T)-4 hours

K - Cosmetic applications and massage (T)-3 hours

L - Good grooming; preparing patron and making appointments (T) -3 hours

M - Theory of massage, and structure of head, neck, and face (T)-2 hours

N - Rinsing, types and procedures (T)-2 hours

O - Scalp and hair treatments (T)-2 hours

PRACTICAL

A - Shaping nails (M)-96 hours

B - Applying polish (M)-74 hours

C - Trimming cuticle and buffing nails (M)-59 hours

D - Hand and arm massage (M)-57 hours

E - Removal of polish (M)-57 hours

F - Application of artificial and gel nails (M)-44 hours

G - Applying cuticle remover and loosening-40 hours

H - Preparation of manicure table (M)-40 hours

I - Softening cuticle (M)-37 hours

J - Bleaching under free edge (M)-18 hours

K - Cleaning under free edge (M)-18 hours

L - Applying cuticle oil or cream (M)-15 hours

M - Application of shampoo and shampooing (T)-45 hours

N - Application of rinses and removal (T)-35 hours

O - Makeup application (T)-33 hours

P - Facial manipulations (T)-20 hours

Q - Application of conditioner and rinsing (T)-20 hours

R - Scalp manipulations (T)-20 hours

S - Brushing and drying (T)-18 hours

T - Sanitation and sterilization (T)-15 hours

U - Draping and scalp examination (T)-11 hours

V - Application and removal of creams (T)-10 hours

W - Application and removal of packs (T)-8 hours

X - Set-up for facial (T)-8 hours

Y - Preparation of work area for shampooing (T)-7 hours

Z - Patron protection (T)-5 hours

(i) The curriculum standards for the barber technician/hair weaving license consists of 600 hours to be completed in a course of not less than 16 weeks, as follows:

BARBER TECHNICIAN/HAIR WEAVING CURRICULUM STANDARDS

THEORY

A - Hygiene, bacteriology, sterilization, and sanitation (T/H)-28 hours

B - Common disorders of the skin; facial treatments and theory of massage (T)-4 hours

C - Shampooing, equipment, and procedures (T/H)-4 hours

D - Texas barber law and rules (T/H)-4 hours

E - Cosmetic applications and massage -3 hours

F - Professional ethics (T)-3 hours

G - Good grooming; preparing patron and making appointments (T/H)-5 hours

H - Anatomy and physiology-scalp: theory of head, neck, and face. Bones, major muscles, major nerves and functions, skin structures, appendages, conditions and lesions, structure, hair regularities, hair and scalp diseases (T/H)-30 hours

I - Composition of hair or fiber used (H)-2 hours

J - Rinsing, types and procedures (T/H)-2 hours

K - Chemistry of compounds, and mixtures, composition and uses of cosmetics in hair weaving and facial treatments (T/H)-2 hours

L - Scalp and hair treatments (T/H)-2 hours

PRACTICAL

A - Definitions, importance, sanitary rules and laws, sterilization methods of unused hair and fiber droppings Basic hair weaving, repair on hair weaving, removal of weft, sizing and finishing. -150 hours

B - Professional practices: vocabulary, ethics, salon procedures, hygiene, grooming, professional attitudes, salesmanship, public relations including purpose, effect, equipment, implements, supplies, and preparation (T/H)-40 hours

C - Application of shampoo and shampooing (T/H)-45 hours

D - Application of rinses and removal (T)-35 hours

E - Makeup application (T)-33 hours

F - Facial manipulations (T)-20 hours

G - Application of conditioner and rinsing (T/H)-20 hours

H - Shampooing client, weft and extensions (H)-50 hours

I - Scalp manipulations (T/H)-20 hours

J - Brushing and drying (T/H)-18 hours

K - Draping and scalp examination (T/H)-11 hours

L - Application and removal of creams (T)-10 hours

M - Application and removal of packs (T)-8 hours

N - Set-up for facial (T)-8 hours

O - Preparation of work area for shampooing (T/H)-7 hours

P - Safety measures: client protection (T/H)-28 hours

Q - Chemistry in hair weaving Elements, compounds, and mixtures, composition and uses of cosmetics in hair weaving (H)-8 hours

(j) The curriculum standards for the barber technician license consists of 300 hours, to be completed in a course of not less than 8 weeks, as follows:

BARBER TECHNICIAN CURRICULUM STANDARDS

(1) - instruction in theory, consisting of:-45 hours

-(A) - hygiene, bacteriology, sterilization, and sanitation -18 hours

-(B) - common disorders of the skin; facial treatments -4 hours

-(C) - shampooing, equipment, and procedures -4 hours

-(D) - Texas barber law and rules -4 hours

-(E) - cosmetic applications and massage -3 hours

-(F) - professional ethics -3 hours

-(G) - good grooming; preparing patron and making appointments -3 hours

-(H) - theory of massage, and structure of head, neck, and face -2 hours

-(I) - rinsing, types and procedures -2 hours

-(J) - scalp and hair treatments -2 hours

(2) - instruction in practical work, consisting of:-255 hours

-(A) - application of shampoo and shampooing -45 hours

-(B) - application of rinses and removal-35 hours

-(C) - makeup application-33 hours

-(D) - facial manipulations-20 hours

-(E) - application of conditioner and rinsing-20 hours

-(F) - scalp manipulations-20 hours

-(G) - brushing and drying-18 hours

-(H) - sanitation and sterilization-15 hours

-(I) - draping and scalp examination-11 hours

-(J) - application and removal of creams-10 hours

-(K) - application and removal of packs-8 hours

-(L) - set-up for facial-8 hours

-(M) - preparation of work area for shampooing-7 hours

-(N) - patron protection-5 hours

(k) The curriculum standards for the hair weaving specialty certificate of registration consists of 300 hours as follows:

Hair Weaving Curriculum Standards

(1) Hair weaving:-150 hours

Basic hair weaving, repair on hair weaving, removal of weft, sizing and finishing-

(2) Shampooing client, weft and extensions: - 50 hours

Basic shampooing, basic conditioners, semi-permanent and weakly rinses, basic hair drying, draping-

(3) Professional practices: - 40 hours

Hair weaving as a profession, vocabulary, ethics, salon procedures, hygiene, grooming, professional attitudes, salesmanship, public relations, hair weaving/braiding skills, including purpose, effect, equipment, implements, supplies, and preparation-

(4) Anatomy and physiology-scalp: - 30 hours

Major bones and functions, major muscles and functions, major nerves and functions, skin structures, functions, appendages, conditions and lesions, hair or fiber used, structure, composition, hair regularities, hair and scalp diseases-

(5) Chemistry in hair weaving: - 10 hours

Elements, compounds, and mixtures, composition and uses of cosmetics in hair weaving-

(6) Sanitation and safety measures: - 10 hours

Definitions, importance, sanitary rules and laws, sterilization methods of unused hair and fiber droppings-

(7) Safety measures: client protection - 10 hours

(l) Field Trips

(1) Barber related field trips are permitted under the following conditions for students enrolled in the following courses and the guidelines under this subsection must be strictly followed.

(2) A student may obtain the following field trip hours:

(A) a maximum of 50 hours out of the 1,000 hour class A Barber course;

(B) a maximum of 30 hours for the Manicure course;

(D) a maximum of 45 hours for the Barber Technician/Manicurist course;

(E) a maximum of 30 hours for the Barber Technician/Hair Weaving course;

(F) a maximum of 20 hours for the Hair Weaving course;

(G) a maximum of 35 hours for the 750 hour Instructor course;

(H) a maximum of 25 hours for the 500 hour Instructor course; and

(I) a maximum of 15 hours for the Cosmetology Operator to Class A Barber course.

(3) Students must be under the supervision of a licensed instructor from the school where the student is enrolled at all times during the field trip. The instructor-student ratio required in a school is required on a field trip.

(4) Complete documentation is required, including student names, instructor names, activity, location, date, and duration of the activity.

(5) No credit may be earned for travel.

REVIEW BY AGENCY COUNSEL

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency’s legal authority.

Filed with the Office of the Secretary of State, on February 24, 2020.

Brad Bowman
General Counsel
Texas Department of Licensing and Regulation

Justification for Adoption of Administrative Rule

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- Report Classroom Hours
- Student Enrollment Video

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