Penalties and Sanctions for Practitioners and Establishments
Texas Occupations Code, Chapter 1603
Texas Occupations Code, Chapter 51
16 Texas Administrative Code, Chapter 83
16 Texas Administrative Code, Chapter 60
Class A Violations
Penalty: $500 up to $1,500
Administrative Violations
Violation |
Statute/Rule |
Failed to notify the Department in writing within thirty days of a change of name and/or address |
83.70(g), (h) |
Failed to keep copy of continuing education certificate for two years after completion |
83.25(g) |
Independent contractor failed to comply with all state and federal guidelines for independent contractors |
83.71(k) |
Mobile establishment failed to maintain a permanent physical address |
83.78(b) |
Mobile establishment failed to notify the Department of any address change within 10 days |
83.78(b) |
Digitally prearranged remote service business failed to provide required information through the entity's digital network prior to any digitally prearranged remote service being performed |
1603.208(f) 83.77(h) |
Digitally prearranged remote service business failed to provide client a receipt with all required information upon the client’s request |
1603.208(g) |
Posting and Public Information Violations
Violation |
Statute/Rule |
Failed to display current license in the appropriate location |
1603.2107(a), 1603.355, 83.70(e) |
Failed to attach current photograph to license |
1603.2107(a) 83.70(f), (i)(4) |
Failed to notify consumers and service recipients of the name, mailing address, and telephone numbers of the Department for purposes of directing complaints to the Department |
60.200(c) |
Failed to post in public view a notice that a copy of the establishment's most recent inspection report is available upon request |
83.71(l) |
Failed to post in a conspicuous place clearly visible to the public a sign concerning services and assistance available to victims of human trafficking |
1603.356(a), 83.71(m) |
Failed to display a copy of the sanitation rules |
1603.357, 83.71(q) |
Failed to have current law and rules book |
83.71(a), 83.71(i)(4) |
Failed to display an identifiable sign with the establishment’s name |
83.71(g)(2) |
Mobile establishment failed to display on both sides of the exterior of the mobile establishment license number and name |
83.71(g) |
Failed to keep all products properly labeled in compliance with OSHA requirements |
83.102(n) |
Facility and Equipment Violations
Violation |
Statute/Rule |
Establishment failed to equip the business with the necessary facilities, supplies, appliances, furnishings, and materials |
1603.354 |
Full-service establishments or mini-establishments failed to have one workstation and one styling chair for each licensee present and providing services |
83.71(h)(1)(A) & (B), 83.71(j)(1) |
Full-service establishments or mini-establishments failed to have sufficient amount of shampoo bowls |
83.71(h)(1)(C) |
Manicure establishment failed to have one manicure table with light, stool, and professional client chair for each licensee present and providing services |
83.71(h)(2), (4), 83.71(j)(3) |
Esthetician establishment failed to have one facial bed or chair and mirror for each licensee present and providing services |
83.71(h)(3)-(4), 83.71(j)(2) |
Eyelash extension establishment failed to have one facial bed or massage table |
83.71(h)(5)(A), 83.71(j)(4) |
Eyelash extension establishment failed to have one lamp, one stool/chair, and one mirror for each licensee present and providing services |
83.71(h)(5)(B) –(D), 83.71(j)(4) |
Hair weaving establishment failed to have one workstation, one styling chair, and one chair dryer/handheld dryer for each licensee present and providing services |
83.71(h)(6)(A) –(C) |
Hair weaving establishment failed to have sufficient amount of shampoo bowls |
83.71(h)(6)(D) |
Mobile establishment failed to anchor all furniture to the unit |
83.78(e) |
Mini-establishment failed to maintain all common areas |
83.71(f) |
Sanitation Violations
Violation |
Statute/Rule |
Practitioner wore dirty clothes or outer garments, wore lingerie, or failed to wear footwear, while performing services |
83.70(i) |
Practitioner failed to take responsibility for services provided through a digitally prearranged remote business |
83.77(j) |
Mobile establishment failed to store all chemicals in cabinets secured with safety catches and separate and apart from other articles or equipment |
83.78(f) |
Failed to empty all trash containers daily and/or failed to keep trash containers clean |
83.102(j) |
Failed to use a clean hair cutting/shampoo cape or failed to use a clean single-use cape or a sanitized towel/neck strip |
83.102(o) |
Failed to have facial or eyelash extension application chair or bed made of or covered in a non-porous material that can be disinfected |
83.104(c), 83.115(c) |
Failed to have foot spa and foot basin chair made of or covered in a non-porous material that can be disinfected |
83.108(n) |
Failed to have flooring of a material which is not porous or absorbent and is easily washable in areas where services are performed, or having carpet in unpermitted areas |
83.114(b) |
Stored chemical supplies in restroom |
83.114(e) |
Prepared food or beverages on premises for sale |
83.114(f) |
Class B Violations
Penalty: $1,000 to $3,500 and/or up to one-year full suspension
Administrative Violations
Violation |
Statute/Rule |
Failed to maintain list of independent contractors that includes the name and license number of the renter |
83.71(c) |
Failed to maintain list of all mini-establishment license numbers and expiration dates |
83.71(d) |
Mobile establishment failed to keep all required records within the unit for one year |
83.78(c) |
Mobile establishment failed to follow all requirements for GPS tracking or for weekly itinerary |
83.78(d)(1)-(2) |
Digitally prearranged remote service business failed to maintain records and information showing compliance for five years |
1603.208(h), 83.77(i) |
Digitally prearranged remote service business failed to terminate a practitioner’s access to the digital network who has violated any law and/or rules |
1603.208(i), 83.77(k) |
Practitioner failed to complete required continuing education |
83.25(b)-(e), 83.26(b) |
Unlicensed Violations
Violation |
Statute/Rule |
Performed or attempted to perform any practice of barbering or cosmetology with an expired license |
1603.2101(a), 1603.3001(a), 83.26(c) |
Practitioner worked in a facility with an expired establishment license |
1603.2108, 1603.2109(a), 83.70(b) |
Operated a barbering or cosmetology establishment with an expired business license |
1603.2201(a), 1603.3001(a) |
Employed or leased space to a practitioner who held an expired license |
1603.353(b) |
Failed to apply for a new establishment license after relocating |
83.29(b) |
Failed to apply for a new establishment license within 30 days of change of ownership |
83.29(d) |
Sanitation Violations
Violation |
Statute/Rule |
Failed to thoroughly clean floors each day and/or failed to remove hair cuttings as soon as practicable |
83.102(i) |
Failed to keep floors, walls, ceilings, shelves, furniture, furnishings, and fixtures clean and in good repair; failed to repair or fill any cracks, holes, or other similar disrepair not readily accessible for cleaning to create a smooth, washable surface |
83.114(a) |
Failed to keep plumbing fixtures clean and free from cracks and similar disrepair not readily accessible for cleaning |
83.114(c) |
Allowed non-service animals in establishment or failed to maintain covered aquariums in a sanitary condition |
83.114(i) |
Failed to store sterilized or sanitized instruments according to manufacturer's instructions |
1603.352(c) |
Failed to keep chlorine bleach in a closed, covered container not exposed to sunlight |
83.101(b)(3) |
Placed or stored chlorine bleach near other chemicals or near flame |
83.101(b)(5) |
Failed to dispose of used or soiled chlorine bleach solution each day |
83.101(b)(6) |
Failed to store all cleaned and disinfected implements and materials in a clean, dry, debris-free environment, separate from soiled implements and materials |
83.102(f) |
Failed to store non-cosmetology related supplies in separate drawers or locations |
83.102(f) |
Failed to disinfect shampoo bowls and manicure tables prior to use for each client |
83.102(g) |
Failed to clean and disinfect facial chairs and beds, including headrest, after providing service to each client |
83.104(c) |
Failed to clean and disinfect eyelash extension application chairs and beds, including headrest, after providing service to each client |
83.115(c) |
Failed to have a suitable receptacle for used towels or linens |
83.71(g)(3), 83.71(i)(3) |
Failed to mix chlorine bleach solution daily at correct concentration |
83.101(b)(2) |
Failed to discard single-use equipment, implements, tools or porous items after use on a single client |
83.102(d) |
Failed to wipe clean and disinfect electrical equipment that cannot be immersed in liquid |
83.102(e) |
Failed to use clean towels on each client and/or failed to wash towels in hot water and chlorine bleach |
83.102(l) |
Failed to remove soiled towels after use on each client and deposit in a suitable receptacle |
83.102(m) |
Digitally prearranged remote service business or practitioner failed to comply with all health and safety requirements |
1603.208(d)(1), 83.77(c) |
Digitally prearranged remote service business or practitioner failed to properly clean, disinfect, and sanitize or sterilize all implements and supplies |
83.77(l) |
Digitally prearranged remote service business or practitioner failed to comply with all safety and sanitation requirements |
83.77(m) |
Practitioner failed to comply with all health and safety standards |
83.70(j) |
Establishment failed to comply with all health and safety standards |
83.71(b) |
Mobile establishment failed to comply with all health and safety requirements |
83.78(a) |
Sanitation Violations – Hair Cutting, Styling, Treatment and Shaving Services
Violation |
Statute/Rule |
Failed to properly clean and disinfect hair cutting, styling and treatment equipment, implements, tools and materials prior to servicing each client |
83.103(b) |
Failed to wipe required implements after each client with a clean paper or fabric towel and spray with either an EPA-registered disinfectant or bleach solution |
83.103(c) |
Failed to clean required implements at the end of each day of use by manually scrubbing with soap and water or adequate methods, and then disinfecting by complete immersion in an EPA-registered disinfectant or bleach solution |
83.103(d) |
Sanitation Violations – Manicure and Pedicure Services
Violation |
Statute/Rule |
Failed to clean and disinfect manicure and pedicure tools by manually brushing or otherwise removing all visible debris after each use and then spraying with an EPA-registered disinfectant or bleach solution |
83.106(f), |
Failed to discard buffer blocks or porous nail files in a trash receptacle after exposure to broken skin or unhealthy skin or nails |
83.106(f) |
Used electric files, drills, or machines other than those specifically designed and manufactured for use in the professional nail industry |
83.107(a) |
Failed to clean diamond, carbide, natural and metal bits after each use with a brush or ultrasonic cleaner, or by immersing in acetone |
83.107(b) |
Failed to disinfect diamond, carbide, natural and metal bits by complete immersion in an appropriate disinfectant, and then sterilize, between clients |
83.107(c) |
Failed to clean or replace buffing bits and chamois between clients or to clean with soap and water at the end of each day |
83.107(d) |
Failed to clean the areas of the client's body on which a manicure or pedicure service is to be administered |
83.106(b) |
Sanitation Violations – Esthetician, Temporary Hair Removal, and Eyelash Extension Application Services
Violation |
Statute/Rule |
Failed to wear gloves when performing an extraction |
83.104(a) |
Failed to clean the areas of the client's body prior to temporary hair removal service |
83.105(b) |
Failed to store eyelash extensions in a sealed bag or covered container and/or failed to store in a clean, dry, and debris-free storage area |
83.115(h) |
Sanitation Violations – Hair Weaving
Violation |
Statute/Rule |
Failed to properly clean and disinfect hair weaving equipment, implements, tools and materials prior to servicing each client |
83.110(b) |
Failed to store hair extensions, tracks, needles, and thread in a bag or covered container until ready to use and/or stored unrelated items in the same bag or container |
83.110(c) |
Failed to spray needles, combs, and hair clips with a disinfectant before use |
83.110(d) |
Recordkeeping Violations – Foot Spas, Foot Basins, and Spa Liners
Violation |
Statute/Rule |
Failed to keep a record, on a department-approved form, of the date and time of each daily or bi-weekly cleaning of whirlpool foot spas |
83.108(e) |
Failed to keep a record, on a department-approved form, of the date and time of each cleaning and disinfecting of non-whirlpool foot basins |
83.108(g) |
Failed to keep a record, on a department-approved form, of the date and time when a spa liner was used and discarded or when a whirlpool jet was used and disinfected |
83.108(k) |
Failed to make the record at or near the time of cleaning and disinfecting or failed to indicate if a spa, foot basin, or jet was not used during any individual workday |
83.108(e), (g), (k) |
Failed to remove from service a foot spa, foot basin or jet found to be in violation or for which records have not been maintained |
83.108(m) |
Failed to make the record when a foot spa, foot basin or jet is removed from service for any reason |
83.108(m) |
Facility and Equipment Violations
Violation |
Statute/Rule |
Failed to have a clean, dry, and debris-free storage area |
83.71(g)(5), 83.71(i)(2) |
Failed to have a minimum of one covered trash container |
83.71(g)(6) |
Failed to provide at least one restroom located on or near the premises of the establishment |
83.114(e) |
Establishment operated on the same premises as a school without proper permanent separation |
1603.358, 83.71(p) |
Used 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 |
83.114(h) |
Establishment allowed a person to sleep in a room used as part of the establishment or practitioner performed a barbering or cosmetology service in a room in an establishment that is used as sleeping quarters |
1603.2205(a),(b) |
Failed to have separate entrance that is separate and distinct from the residential entrance or door leading to living quarters not closed during business hours |
83.114(h) |
Mobile establishment used as a residence or for any purpose other than barbering or cosmetology services |
83.78(l) |
Mobile establishment failed to have a restroom and toilet |
83.78(j) |
Mobile establishment failed to have a functional hot water heater |
83.78(h) |
Performed services outside a mobile establishment or when the establishment is in motion |
83.78(k) |
Mobile establishment failed to have a fresh water tank holding sufficient water to perform the day's business or mobile establishment failed to stop operations if fresh water supply is depleted |
83.78(i) |
Advertising Violations
Violation |
Statute/Rule |
Knowingly making a false or deceptive statement in advertising |
1603.401(3) |
Advertising, practicing, or attempting to practice under another person's name or trade name |
1603.401(4) |
Class C Violations
Penalty: $2,000 to $5,000 and/or up to revocation
Unlicensed Violations
Violation |
Statute/Rule |
Performed or attempted to perform barbering or cosmetology service without a license and/or offered to perform for compensation barbering or cosmetology services without a license |
1603.2101(a) |
Practitioner performed any barbering or cosmetology service outside the scope of the individual’s license |
1603.2103(a)(1)-(8), 1603.208(d)(2), 83.70(d), 83.28(c),(g), 83.77(g) |
Licensed practitioner worked in an unlicensed establishment |
1603.2108, 1603.2109(a), 83.70(b) |
Used either directly or indirectly terms "barber" or "barbering," "cosmetologist" or "cosmetology," and/or any combination, variation, or abbreviation of these terms without an appropriate license |
1603.2101(b) |
Performed or attempted to perform barbering or cosmetology while the practitioner’s license is inactive |
83.24(b) |
Unlicensed practitioner leased space as an independent contractor at a licensed establishment |
1603.2201(b) |
Transferred a license or permit to another person or business |
1603.2106, 1603.2204, 83.29(a) |
Operated a business in which barbering or cosmetology is practiced without an establishment license or operated a business in which barbering or cosmetology service is offered for compensation without an establishment license |
1603.2201(a) |
Employed an unlicensed individual to perform acts of barbering or cosmetology and/or leased to an unlicensed individual to perform acts of barbering or cosmetology |
1603.353(b), 83.71(n) |
Specialty establishment performed or offered to perform any barbering or cosmetology service outside the scope of the specialty establishment's license |
1603.2203(2)– (6), 83.71(o) |
Establishment allowed a practitioner to perform any barbering or cosmetology service outside the scope of the individual’s license |
83.71(n) |
Allowed the use or display of a license by a person not authorized by law to use that license |
60.23(a)(4) |
Digitally prearranged remote service business operated without first providing the required information and materials to the Department |
83.77(a) |
Digitally prearranged remote service business allowed unlicensed individuals perform digitally prearranged remote services |
83.77(b) |
Digitally prearranged remote service business performed and/or offered to perform prohibited barbering or cosmetology services |
1603.208(e) 83.77(d), (e), (f) |
Failed to schedule an appointment through a licensed facility for a service performed at a location other than a licensed facility for a client with an illness or physical or mental incapacitation or for a special event |
1603.2109(b)-(c), 83.70(b) |
Failed to schedule an appointment through a remote service business's digital network if providing a service at a location other than a licensed facility |
83.70(c) |
Cooperation Violations
Violation |
Statute/Rule |
Failed to cooperate with an authorized representative of the commission or department in the performance of the inspection or investigation |
83.50(d), 60.23(a)(3), 60.222(a), (c)(1) |
Failed to make available to the department the list of all independent contractors and all mini-establishment licensees who work in the establishment |
83.50(b), 83.71(c)-(d) |
Interfered or refused to allow an inspection or investigation conducted by an authorized representative of the commission or department |
60.23(a)(3), 60.222(c)(1)- (2) |
Threatened or intimidated an authorized representative of the commission or department in connection with an inspection or investigation |
60.23(a)(3), 60.222(c)(3) |
Failed to make available all records, notices, and other documents requested by authorized representative of the commission or department |
60.222(b) |
Failed to make a cleaning and disinfecting record available upon request to a patron or the Department or not retaining the records for inspection for at least 60 days |
83.108(l) |
Failed to allow Department authorized representative to examine continuing education certificate |
83.25(h) |
Mobile establishment failed to make required records available for inspection by the Department |
83.78(c) |
Digitally prearranged remote service business failed make required records available to the department upon request |
83.77(n) |
Public Health Violations – Esthetician Services
Violation |
Statute/Rule |
Failed to properly clean and disinfect facial equipment, implements, tools and materials after servicing each client |
83.104(b) |
Failed to clean and disinfect multiple use implements such as tweezers and comedone extractors after each client |
83.104(d) |
Failed to discard single-use items in a trash receptacle after use |
83.104(e) |
Failed to replace facial tools and accessories with clean items for each client |
83.104(f) |
Failed to avoid cross contamination or allowed applicators to be re-dipped in product |
83.104(g) |
Public Health Violations – Temporary Hair Removal Services
Violation |
Statute/Rule |
Failed to dispose of after each use all products or single use items that has been in contact with a client's skin |
83.105(c) |
Failed to clean and disinfect all wax pots, left applicator in wax pot, or reused wax |
83.105(d) |
Failed to clean, disinfect, and sterilize or sanitize all multi-use implements prior to each use |
83.105(e) |
Public Health Violations – Eyelash Extension Application Services
Violation |
Statute/Rule |
Failed to properly clean and disinfect equipment, implements and materials prior to providing services |
83.115(b) |
Failed to clean and disinfect required implements after each client: tweezers, nasal aspirator or electric eyelash dryer and other items used for a similar purpose |
83.115(d) |
Failed to discard required single-use items in a trash receptacle after each use |
83.115(e) |
Failed to replace required items with clean items |
83.115(f) |
Failed to use only properly labeled semi-permanent glue and semi-permanent glue remover according to the manufacturer's instructions |
83.115(g) |
Public Health Violations – Manicure and Pedicure Services
Violation |
Statute/Rule |
Failed to clean, disinfect, and sterilize/sanitize metal instruments in accordance with manufacturer’s instructions |
1603.352(a) |
Failed to have an autoclave, dry heat sterilizer, or ultraviolet sanitizer on the premises |
1603.352(b), 83.71(g)(7) |
Failed to properly clean, disinfect, and sterilize or sanitize all metal manicure and pedicure tools prior to servicing each client |
83.106(c) |
Failed to clean, disinfect, and sterilize or sanitize required manicure and pedicure implements after each use |
83.106(d) |
Failed to discard orangewood sticks, cotton balls, nail wipes and disposable towels after single use |
83.106(e) |
Failed to replace terry cloth towels, finger bowls and spatulas that contact skin, or skin products from multi-use containers, with new or clean articles for each client |
83.106(g) |
Public Health Violations
Violation |
Statute/Rule |
Failed to wash hands with soap and water, or use a liquid hand sanitizer, prior to performing any services on a client |
83.102(a), 83.103(a), 83.104(a), 83.105(a), 83.106(a), 83.110(a) |
Failed to wash hands with soap and water prior to performing any eyelash extension application services on a client |
83.115(a) |
Failed to provide hand washing facilities for employees which include hot and cold running water |
83.102(k), 83.71(g)(1) |
Failed to properly disinfect implements using EPA-registered disinfectant or chlorine bleach |
83.101(a)-(b) |
Failed to use clean and disinfected equipment, tools, implements, and supplies while providing barbering or cosmetology services |
83.102(a), (c) |
Failed to employ good hygiene habits while providing barbering or cosmetology services |
83.102(a) |
Failed to have a wet disinfectant soaking container, large enough to fully immerse tools and implements |
83.71(g)(4), 83.71(i)(1), 83.101(h) |
Failed to prepare fresh disinfectant solution daily or more often as needed, for immersion of implements |
83.101(a)(3) |
Failed to use disinfectant in accordance with the manufacturers' recommendation or other guidance |
83.101(a)(4) |
Failed to have suitable plumbing that provides hot and cold running water and is connected to drain sewage and potable water in work areas |
83.114(d) |
Used a product, preparation or procedure that contacted or penetrated the dermis layer of the skin |
83.112(c) |
Possessed or used Methyl Methacrylate Liquid Monomers (MMA); bought, sold, used, or applied liquid MMA to a person |
83.112(a)(1), (b), 83.113(c) |
Possessed or used razor-type callus shavers designed and intended to cut growths of skin such as corns and calluses, e.g. credo blades |
83.112(a)(2), (b) |
Possessed or used alum or other astringents in stick or lump form |
83.112(a)(3), (b) |
Possessed or used fumigants such as formalin (formaldehyde) tablets or liquids |
83.112(a)(4), (b) |
Possessed, stored, or used any product banned or deemed to be poisonous or unsafe by the USFDA or any other governmental agency responsible for such determinations |
83.113(a)-(b) |
Failed to have establishment properly ventilated |
83.114(g) |
Public Health Violations – Foot Spas, Foot Basins, and Spa Liners
Violation |
Statute/Rule |
Failed to perform all required sequential cleaning and disinfecting of whirlpool foot spas after client use |
83.108(b) |
Failed to perform all required sequential cleaning and disinfecting of whirlpool foot spas at the end of each day |
83.108(c) |
Failed to perform all required sequential cleaning and disinfecting of whirlpool foot spas on a bi-weekly basis |
83.108(d) |
Failed to perform all required sequential cleaning and disinfecting of non-whirlpool foot basin after client use |
83.108(f) |
Failed to perform all required sequential cleaning and disinfecting procedures when using non-adhesive heat-sealed spa liners and portable whirlpool jets |
83.108(j) |
Failed to clean and disinfect foot spa or foot basin chair after providing service to each client |
83.108(n) |
Class D
Penalty: $3,500 up to $5,000 and/or revocation
Violations
Violation |
Statute/Rule |
Failed to comply with previous order of Commission/Executive Director |
51.353(a), 1603.401(6) |
Obtained or attempted to obtain a license by fraud or false representation |
1603.401(5), 60.23(a)(1) |
Falsified any document submitted to the department or commission |
60.23(a)(2) |
Used or provided unauthorized assistance in connection with an examination |
60.52(a) |
Failed to pay the Department for a dishonored payment |
60.82 |
Failed to comply with license renewal requirements |
1603.3003, 83.26(a) |
Infection Control Violations – Blood and Body Fluids
Violation |
Statute/Rule |
Failed to stop bleeding by applying powdered alum, styptic powder, or a cyanoacrylate to an open wound with a disposable cotton-tipped instrument |
83.111(a) |
Failed to immediately and/or properly discard cotton-tipped instrument after application of alum, styptic powder, or a cyanoacrylate to an open wound |
83.111(a) |
Failed to immediately and properly clean and disinfect a surface area that came into contact with blood or body fluids |
83.111(b) |
Failed to immediately and properly clean and disinfect by approved method a non-porous instrument that came into contact with blood or body fluids |
83.111(c) |
Failed to immediately double-bag and discard in a closed trash container or biohazard box a porous instrument that came into contact with blood or body fluids |
83.111(d) |
Infection Control Violations
Violation |
Statute/Rule |
Worked while knowingly suffering with an infection or animal parasites or an infectious/communicable disease for which the person is not entitled to protection under the Federal Americans with Disabilities Act of 1990 (ADA) |
1603.401(2), 1603.209(a) |
Knowingly employed person with an infectious/contagious disease who is not entitled to protection under ADA |
1603.209(b) |
Engaged in gross malpractice |
1603.401(1) |
Performed services on a client the licensee has reason to believe has 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 in the area to be serviced |
83.102(b) |