A person holding a license for an establishment may not employ or lease to a person to practice barbering or cosmetology at the establishment unless the person holds a license issued under Subchapter E-1.
Statute1603.353(b)
A person may not perform or offer or attempt to perform any act of barbering or cosmetology unless the person holds a license or permit issued under this subchapter to perform that act. Statute1603.2101(a)
A person may not own, operate, or manage an establishment in which an act of barbering or cosmetology is practiced unless the person holds a license issued under this subchapter to operate the establishment. Statute1603.2201(a)
A license holder may not employ a person on inactive status. Statute/Rule: 1602.353(d)
A new owner must apply for and obtain a new permit within 30 days after the date of the transfer. Statute/Rule: 83.29(c)
Required Postings and Documents
Display the original license and an attached photograph of the license holder in a conspicuous place near the license holder's work chair in the establishment in which the holder is working; or make available at the reception desk of the establishment in which the holder is working, in the manner prescribed by the department: (A) the original license and an attached photograph of the license holder; or (B) a digital image of the license and photograph of the license holder. Statute1603.2107(a)
Failure to have license posted at station or in a notebook at the salon reception desk. Statute/Rule: 1602.401/ 83.70(e)
Failure to have current photograph attached to front of license or permit. Statute/Rule: 83.70(f)
Failure to post Consumer complaint sign in public view. Statute/Rule: 1603.151(2)
List of all renters/independent contractors including renter’s name and renter’s Cosmetology Operator license number. Statute/Rule: 83.71(c) / 83.71(d)--minis
Failure to post the last inspection report in public view. Statute/Rule: 83.71(m)
Dual Shops Only: Failure to display prominent sign at entrance/exit indicating no Barber or Cosmetologist is available when it does not currently have a Barber or a Cosmetologist employed or contracted. Statute/Rule: 83.71(i)(8)(C)
Dual Shops Only: Failure to remove sign or symbol indicating offering barbering or Cosmetology services without having employed or contracted with a Barber or a Cosmetologist for a period of 45 days or more. Statute/Rule: 83.71(i)(8)(D)
Responsibility of Individuals
A person holding a license or permit issued under Subchapter E-1 may not perform any practice of barbering or cosmetology if the person knows the person is suffering from an infectious or contagious disease for which the person is not entitled to protection under the federal Americans with Disabilities Act. Statute1603.209(a)
A licensee shall be restricted to working in a licensed facility. (This can be any TDLR licensed facility.) But may hold an off-site appointment booked through a licensed facility for someone with an illness or disability or for a special event. Statute/Rule: 1603.2109(1)(b)(1) & (2) (c)(a)
A person holding a license or permit issued under this subchapter may practice barbering or cosmetology only at a licensed establishment or school. Statute1603.2108
A licensee performing manicure or pedicure services shall, before performing the service, clean, disinfect, and sterilize with an autoclave or dry heat sterilizer or sanitize with an ultraviolet sanitizer each metal instrument, including metal nail clippers, cuticle pushers, cuticle nippers, and other metal instruments. Statute/Rule: 1603.352(a)
A person holding:
(1) a Class A barber license may perform any barbering service;
(2) a cosmetology operator license may perform any cosmetology service;
(3) a manicurist license may perform any service described by Section 1603.0011(a)(7) or (8);
(4) an esthetician license may perform any service described by Section 1603.0011(a)(3), (4), (5), or (6) or (c);
(5) a manicurist/esthetician license may perform any service described by Section 1603.0011(a)(3), (4), (5), (6), (7), or (8) or (c);
(6) a hair weaving specialist license may perform any service described by Section 1603.0011(a)(9);
(7) a hair weaving specialist/esthetician license may perform any service described by Section 1603.0011(a)(3), (4), (5), (6), or (9) or (c); and
(8) an eyelash extension specialist license may perform any service described by Section 1603.0011(c).
Licensees shall notify the department in writing of any name change within 30 days of the change. Statute/Rule: 83.70(g)
Licensees shall notify the department not later than thirty (30) days following any change of address. Statute/Rule: 83.70(h)
Failure to wear clean top and bottom outer garment and footwear while performing services. (no lingerie or see through fabric) Statute/Rule: 83.70(i)
Responsibilities of Beauty Salons, Mini-Salons, Specialty Salons, Dual Shops, and Mini-Dual Shops
The cosmetology establishment owner, manager, or their representative shall cooperate with the inspector in the performance of the inspection. Statute/Rule: 83.50(d)
Each Salon shall have the following: Statute/Rule: 83.71(h)
a sink with hot and cold running water;
an identifiable sign with the salon's name;
a suitable receptacle for used towels/linen;
one wet disinfectant soaking container;
a clean, dry, debris-free storage area;
a minimum of one covered trash container.
A person holding a license for an establishment may not employ or lease to a person to practice barbering or cosmetology at the establishment unless the person holds a license issued under Subchapter E-1.
Statute1603.353(b)
A person holding an establishment or school license may not employ a person to perform any practice of barbering or cosmetology or to instruct in the practice of barbering or cosmetology if the license holder knows that the person is suffering from an infectious or contagious disease for which the person is not entitled to protection under the federal Americans with Disabilities Act of 1990.
Statute1603.209(b)
Each salon is responsible for providing an autoclave, a dry heat sterilizer, or an ultraviolet sanitizer for the shop/salon if providing manicure or pedicure nail services. Statute/Rule: 1603.352(b)
Health and Safety Standards
Department-Approved Disinfectants
Failure to prepare fresh disinfectant solution daily or more often as needed, for immersion of implements. Statute/Rule: 83.101(a)(3)
Failure to use disinfectant in accordance with the manufacturers’ recommendation or other guidance in the cosmetology rules. Statute/Rule: 83.101(a)(4)
Failure to mix chlorine bleach solution daily at correct concentration. Statute/Rule: 83.101(b)(2)
Failure to keep chlorine bleach in a closed covered container not exposed to sunlight.
Statute/Rule: 83.101(b)(3)
Placing or storing chlorine bleach near other chemicals or near flame. Statute/Rule: 83.101(b)(5)
Performing services on a client believed to have a contagious condition such as head lice, nits, ringworm, conjunctivitis; or inflamed, infected, broken, raised or swollen skin or nail tissue; or an open wound or sore. Statute/Rule: 83.102(b)
Failure to wipe clean and disinfected electrical equipment that cannot be immersed in liquid prior to each use on a client. Statute/Rule: 83.102(e)
Failure to store in a clean, dry, debris-free environment, separate from soiled implements and materials, all cleaned and disinfected implements and materials when not in use. Fail to store non-cosmetology related supplies in separate drawers or locations. Statute/Rule: 83.102(f)
Failure to clean and disinfect shampoo bowls and Mani tables prior to each use. Statute/Rule: 83.102(g)
Floors shall be thoroughly cleaned each day. Statute/Rule: 83.102(h)
Hair cuttings must be swept up and deposited in a closed receptacle after each haircut. Statute/Rule: 83.102(h)
Failure to empty all trash containers daily or keep clean by washing or using plastic liners. Statute/Rule: 83.102(i)
Failure to use clean towels on each client. (Reused a dirty towel on a client) Statute/Rule: 83.102(k)
Failure to wash towels in hot water and chlorine bleach. Statute/Rule: 83.102(k)
Soiled towels not removed after use on each client and/or not properly deposited in a suitable receptacle. Statute/Rule: 83.102(l)
Failure to label Products in compliance with OSHA requirements. Statute/Rule: 83.102(m)
Failure to use sanitized towel or neck strip with cape or fail to use a clean cape for each client. Statute/Rule: 83.102(n)
Haircutting, Styling, Shaving and Treatment Services
Failure of a Beauty Salon to have for each Licensee present and providing services: Statute/Rule: 83.71(i)(1)(A-C)
Failure to clean implements at end of day by manually scrubbing with soap and water or adequate methods, and then disinfecting by complete immersion in registered disinfectant or bleach solution. Statute/Rule: 83.103(d)
Esthetician Services
Failure of an Esthetician Specialty Salon to have for each Licensee present and providing services: one bed or chair and one mirror. Statute/Rule: 83.71(i)(3)(A-B)
Failure to wear gloves when performing an extraction. Failure to wash hands with soap and water, or use hand sanitizer prior to performing any services on a client. Statute/Rule: 83.104(a)
Failure to clean and disinfect facial chairs and beds, including headrest, after providing service to each client. Statute/Rule: 83.104(c)
Failure to have facial chairs/beds made/covered in a non-porous material. Statute/Rule: 83.104(c)
Failure to replace clean articles for each client: disposable and terry cloth towels, hair caps, headbands, brushes, gowns, makeup brushes, spatulas that contact skin or products from multi-use containers, sponges and other items used for a similar purpose. Statute/Rule: 83.104(f)
Failure to use items subject to possible cross contamination in a manner that does not contaminate the remaining product. Statute/Rule: 83.104(g)
Temporary Hair Removal Services
Failure to clean the areas of the client’s body on which the temporary hair removal service is to be administered. Statute/Rule: 83.105(b)
Failure to dispose of after each use: all products or single use items that has been in contact with a client’s skin. Statute/Rule: 83.105(c)
Reused wax or placed used wax back in a wax pot. Statute/Rule: 83.105(d)
Failure to clean and disinfect wax pots; leaving applicator standing in wax. Statute/Rule: 83.105(d)
Failure to store thread in a sealed bag or covered container until ready to use. Statute/Rule: 83.105(e)
Failure to clean, disinfect, and sterilize or sanitize all multi-use implements prior to each use. Statute/Rule: 83.105(f)
Manicure and Pedicure Services
Failure of a Manicure Specialty Salon to provide for each Licensee present and providing services: one Mani table with light, one Mani stool, one professional client chair. Statute/Rule: 83.71(i)(2)(A-C)
Failure to clean the areas of the client’s body on which a Mani or Pedi Service is to be administered. Statute/Rule: 83.106(b)
Failure to disinfect Manicure/Pedicure tools NOT requiring sterilization, OR
Failure to dispose of buffer blocks or porous nail files after being exposed to broken skin (skin that is not intact) or unhealthy skin or nails. Statute/Rule: 83.106(f)
Failure to replace with new or clean articles for each client: cloth towels, finger bowls or spatulas that contact the skin or skin products from multi-use containers. Statute/Rule: 83.106(g)
Electric Drill Bits
Using electric files, drills, or machines other than those specifically designed and manufactured for use in the professional nail industry. Statute/Rule: 83.107(a)
Failure to clean drill bits after each use with a brush or ultrasonic cleaner, or by immersing in acetone for 5 to 10 minutes. Statute/Rule: 83.107(b)
Failure to disinfect drill bits by complete immersion in an appropriate disinfectant, and then sterilize, between clients. Statute/Rule: 83.107(c)
Foot Spas, Foot Basins, and Spa Liners
Spa or Foot Basin—After Each Client: each whirlpool foot spa shall be
cleaned and disinfected
in the following sequential manner.
Statute/Rule: 83.108(b)
All water shall be drained and all debris shall be removed from the spa basin.
The spa basin must be cleaned with soap or detergent and water.
The spa basin must be disinfected with an EPA registered disinfectant with demonstrated bactericidal, fungicidal, and virucidal activity which must be used according to the manufacturer's instructions.
The spa basin must be wiped dry with a clean towel.
Spa or Foot Basin—End of Each Day: each whirlpool foot spa shall be
cleaned and disinfected
in the following sequential manner. Statute/Rule: 83.108(c)
The screen and any other removable parts shall be removed, all debris trapped behind the screen shall be removed, and the screen and the inlet and any other removable parts shall be washed with soap or detergent and water.
Before replacing the screen, one of the following procedures shall be performed:
The screen and any other removable parts shall be washed with a chlorine bleach solution of one-third (1/3) cup of 5.25% chlorine bleach to one (1) gallon of water; or
The screen and any other removable parts shall be totally immersed in an EPA registered disinfectant with demonstrated bactericidal, fungicidal, and virucidal activity which must be used according to the manufacturer's instructions.
The spa system shall be flushed with soap and warm water for at least ten (10) minutes, after which the spa shall be rinsed and drained.
Spa or Foot Basin—Bi-Weekly: after cleaning and disinfecting as provided in this subsection, each whirlpool foot spa shall be
cleaned and disinfected
in the following sequential manner.
Statute/Rule: 83.108(d)
The spa basin shall be filled completely with water and one-third (1/3) cup of 5.25% bleach for each one (1) gallon of water.
The spa system shall be flushed for 5 to 10 minutes with the chlorine bleach and water solution or an EPA-registered disinfectant with demonstrated bactericidal, fungicidal, and virucidal activity which must be used according to the manufacturer's instructions and allowed to sit for 6 to 10 hours.
The spa system shall be drained and flushed with water before use upon a client.
Foot Spa: Failure to keep a record, on a department-approved form, the date and time of each cleaning and disinfecting indicating whether the cleaning was a daily or bi-weekly cleaning. This record shall be made at or near the time of cleaning and disinfecting and shall indicate if a spa was not used during any individual work day. Statute/Rule: 83.108(e)
Foot Basin—After Each Client: each non-whirlpool foot basin shall be
cleaned and disinfected
in the following sequential manner.
Statute/Rule: 83.108(f)
All water shall be drained and all debris shall be removed from the foot basin.
The inside surfaces of the foot basin must be scrubbed and cleaned of all visible residues with a clean brush, soap or detergent, and water.
The foot basin must be disinfected with an EPA-registered disinfectant with demonstrated bactericidal, fungicidal and virucidal activity which must be used according to the manufacturer's instructions.
The foot basin must be rinsed, emptied and wiped dry with a clean towel.
Foot Basin: Failure to keep a record, on a department-approved form, of the date and time of each cleaning and disinfecting. This record shall be made at or near the time of cleaning and disinfecting and shall indicate if a spa was not used during any individual work day. Statute/Rule: 83.108(g)
Disposable Spa Liners and Portable Whirlpool Jets—After Each Client: the following sequential procedures shall be performed. Statute/Rule: 83.108(j)
After use upon a client, the heat-sealed tab shall be pulled allowing the water to empty directly into the cosmetology establishment's plumbing system.
The spa liner shall be discarded in a covered trash receptacle.
The portable whirlpool jet shall be completely immersed for 5 to 10 minutes in an EPA-registered disinfectant with demonstrated bactericidal, fungicidal, and virucidal activity which must be used according to the manufacturer's instructions.
The jet shall be rinsed with warm water and drained.
All surfaces of the spa basin and foot rest shall be wiped with EPA registered disinfectant wipes.
Spa Liners and Whirlpool Jets: Failure to keep a record, on a department-approved form, of the date and time each spa liner was used and discarded and when the jet was used and disinfected and shall indicate in the jet was not used during a work day. Statute/Rule: 83.108(k)
Failure to keep a cleaning and disinfecting record for at least 60 days. Failure to make the cleaning record available, upon request, to a patron or the Department. Statute/Rule: 83.108(l)
Failure to remove from service, a spa, foot basin or jet, found to be in violation or for which records have not been maintained. The record must indicate the date of removal from service. Statute/Rule: 83.108(m)
Failure to clean and disinfect spa chair after service is provided to a client or chair not made of or covered with a non-porous material. Statute/Rule: 83.108(n)
Hair Weaving Services
Failure of a Hair Weaving Specialty Salon to have for each Licensee present and providing Services: one workstation, one styling chair, and a sufficient amount of shampoo bowls. Statute/Rule: 83.71(i)(7)(A-C)
Failure to store hair extensions, tracks, needles, and thread in a bag or covered container until ready to use; storing unrelated items in the same bag or container. Statute/Rule: 83.110(c)
Failure to spray needles with a disinfectant before use. Statute/Rule: 83.110(d)
Prohibited Products and Practices
Methyl Methacrylate Liquid monomers (MMA)--Buying, selling, using, or applying liquid MMA to a person. Statute/Rule: 83.112(a)(1);
83.113(c)
Using razor-type callus shavers designed and intended to cut growths of skin such as corns and calluses. (i.e. Credo blade) Statute/Rule: 83.112(a)(2)
Using alum or other astringents in stick or lump form. (Alum or other astringents in powder or liquid form are acceptable). Statute/Rule: 83.112(a)(3)
Using such as formalin (formaldehyde) tablets or liquid. Statute/Rule: 83.112(a)(4)
Possessing MMA, lump alum or styptic pencil, razor-type callus shaver (i.e. Credo Blade), or fumigants on Licensed premises. Statute/Rule: 83.112(b)
Using of any product, preparation or procedure that penetrates the skin layer. Statute/Rule: 83.112(c)
Establishment
Failure to keep floors, walls, ceilings, shelves, furniture, furnishings, fixtures clean and in good repair. Statute/Rule: 83.114(a)
Failure to have floors in areas where services are performed of a material, which is not porous or absorbent and is easily washable; having carpet in restricted areas. Statute/Rule: 83.114(b)
Failure to keep plumbing fixtures clean and free from cracks and similar disrepair that cannot be readily accessible for cleaning. Statute/Rule: 83.114(c)
Failure to have suitable plumbing that provides hot and cold running water and is connected to drain sewage and potable water in work areas. Statute/Rule: 83.114(d)
Failure to provide at least one restroom located on or near the premises of the establishment. Statute/Rule: 83.114(e)
Storing chemical supplies (including cleaning chemicals) in restroom. Statute/Rule 83.114(e)
Preparing food or beverages on Licensed premises for sale. Statute/Rule: 83.114(f)
Failure to have establishment properly ventilated. Statute/Rule: 83.114(g)
Failure to keep doors between a residence and a licensed facility closed. Statute/Rule: 83.114(h)
Failure of a residential establishment to maintain a separate entrance that is not open to living quarters. Statute/Rule: 83.114(h)
Using an establishment for living or sleeping purposes or any other purpose that would tend to make the premises unsanitary, unsafe, or endanger the health and safety of the public. Statute/Rule: 83.114(h)
Allowed non-service animals in establishment. Statute/Rule: 83.114(i)
Eyelash Extension Application Services
Failure of an eyelash extension salon to have the following: Statute/Rule: 83.71(i)(5)(A-C)
one facial bed or massage table that allows the consumer to lie completely flat,
one lamp, and
one stool or chair.
Failure to clean and disinfect eyelash extension application chairs and beds, including headrest, after providing Services to each client. Statute/Rule: 83.115(c)
Failure to replace clean articles for each client:
Statute/Rule: 83.115(f)
disposable and terry cloth towels,
hair caps,
headbands,
brushes,
gowns,
makeup brushes,
spatulas that contact skin or products from multi-use containers,
sponges and other items used for a similar purpose.
Failure to use only properly labeled semi-permanent glue and semi-permanent glue remover according to the manufacturer’s instructions. Statute/Rule: 83.115(g)
Failure to store extensions in a sealed bag or covered container. Statute/Rule: 83.115(h)
Mobile Unit Requirements and Specifications
Failure of a Mobile Shop to maintain a permanent physical address. Statute/Rule: 83.78(b)
Failure of a Mobile Shop to notify the Department of any physical or mailing address change within 10 days. Statute/Rule: 83.78(b)
Failure to keep all required Mobile Shop records within the unit for one year from the date the record was made. Statute/Rule: 83.78(c)
Failure of a Mobile Shop to follow all requirements for GPS tracking. Or failure of a Mobile Shop to follow all requirements for a weekly itinerary Statute/Rule: 83.78(d)
Furniture not anchored to mobile unit. Statute/Rule: 83.78(e)
Failure of a Mobile Shop to store all chemicals in cabinets secured with safety catches and separate and apart from other articles or equipment. Statute/Rule: 83.78(f)
Failure to display on both sides of a Mobile Shop the shop’s name and License number. Statute/Rule: 83.78(g)
Failure of a Mobile Shop to have the required hot water heater. Statute/Rule: 83.78(h)
Failure of a Mobile Shop to have a fresh water tank holding a sufficient amount to perform the day’s business. Statute/Rule: 83.78(i)
Failure of a Mobile Shop to have the required restroom and toilet. Statute/Rule: 83.78(j)
Performing services outside a mobile shop or when the shop is in motion. Statute/Rule: 83.78(k)
Using a mobile shop as a residence or for any purpose other than cosmetology services. Statute/Rule: 83.78(l)
