Administrative Rule Review Adoption

Chapter 83. Cosmetologist
(effective January 25, 2019)

The Texas Department of Licensing and Regulation (Department) filed a Notice of Intent to Review and consider for re-adoption, revision, or repeal 16 Texas Administrative Code (TAC), Chapter 83, relating to the Cosmetologists program. The Notice of Intent to Review was published in the August 24, 2018, issue of the Texas Register (43 TexReg 5547). The public comment period closed on September 24, 2018.

Texas Government Code §2001.039 requires state agencies to review their rules every four years to determine if the reasons for initially adopting the rules continue to exist. The rules implementing the Cosmetologists program under Texas Occupations Code, Chapters 1602 and 1603, were scheduled for this four-year review.

The Department reviewed these rules and determined that the rules are still essential in implementing the statutory provisions of Texas Occupations Code, Chapters 1602 and 1603. The rules provide details that are not found in the program statute but are necessary for implementation and operation of this program. For example, the Cosmetology rules: (1) provide a school tuition protection account; (2) detail the licensing requirements; (3) specify health and safety standards; (4) design a standard curriculum; and (5) establish the fees at are specific to this program. The Department received twelve public comments in response to the Notice of Intent to Review.

One commenter sent in multiple comments on rules ranging from licensing, health and safety, to education and curriculum issues. One commenter urged re-adoption of the rules and asked that no more license types be deregulated. One commenter sent in multiple comments on rules regarding health and safety standards. One commenter suggested that licensees who become incarcerated should not be automatically revoked and instead should be placed on inactive status or a better solution should be found to help the individual. One commenter stated that cosmetologist should not be deregulated. One commenter would like for the department to accept credit card payments for cosmetology school renewals. One commenter would like to see braiding be allowed to be taught in barber schools, barbershops inspected every three months, inspections being done by licensed barbers, schools allowed to test their own students, and regulations similar to Tennessee barber school programs here in Texas. One commenter would like to see more enforcement on those practicing outside of their scope and for the department to stop cosmetologists and estheticians from performing “dermaplane,” “dermablade,” “microneedling,” or “plasma/fibroblast therapy.” One commenter would like to revisit reciprocity requirements for cosmetology instructors. One commenter sent in their certificate of completion for CE. One commenter would like to see the term “salon gallery” defined. One commenter would like to see a rule to be able to operate inside of a private residence.

At its meeting on January 11, 2019, the Texas Commission of Licensing and Regulation (Commission), the Department’s governing body, re-adopted the rules at 16 TAC, Chapter 83, Cosmetologists, in their current form. As a result of this review process, the Department may propose amendments in the future that may further clarify or supplement the existing rules. Any future proposed changes to the rules will be published in the Proposed Rules section of the Texas Register and will be open for public comment prior to final adoption by the Commission in accordance with the requirements of the Administrative Procedure Act, Texas Government Code, Chapter 2001.

The rules are re-adopted by the Commission in accordance with Texas Government Code, §2001.039. This concludes the review of 16 TAC, Chapter 83, Cosmetologists.

Issued in Austin, Texas on January 25, 2019.

Brad Bowman
General Counsel
Texas Department of Licensing and Regulation