Cosmetologists Penalties and Sanctions

  • Texas Occupations Code, Chapter 1602
    Texas Occupations Code, Chapter 1603
    16 Texas Administration Code, Chapter 83

    Class A:

    1st Violation: $100
    2nd Violation: $300 to $500
    3rd Violation: $700 to $900

    POSTING AND PUBLIC INFORMATION VIOLATIONS

    • Failure to post current license 1602.401
    • Failure 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)
    • Failure to post license at work station in public view or in a notebook at the reception desk §83.70(e)
    • Failure to attach current photograph to license 83.70(f)
    • Failure to have current law and rules book 83.71(a) & (f)(4)
    • Failure to post the last inspection report in public view 82.71(k)
    • No identifiable sign with salon's name displayed 83.71(d)(2)
    • Advertising or displaying a sign or symbol indicating a dual shop offers cosmetology services when the shop has been without a licensed cosmetologist for more than 90 days 83.71(e)(9)(C)(i)
    • Failure of a dual shop that has been without a licensed cosmetologist for more than 90 days to remove all signs or symbols that indicate the shop offers cosmetology services 83.71(e)(9)(C)(ii)
    • Failure to post the last inspection report in public view 83.71(j)
    • Failure to display on both sides of a mobile shop the shop's name and license number 83.78(g)
    • Failure to keep all products used in the conduct of business properly labeled in compliance with OSHA requirements 83.102(m)

    ADMINISTRATIVE VIOLATIONS

    • Failure to pay shampoo apprentice at least the federal minimum wage 1602.267(e)
    • Failure to keep copy of continuing education certificate for two years after completion 83.25(h)
    • Failure to allow Department inspector to examine continuing education certificate 83.25(h)
    • Failure of an individual licensee to notify the Department of change of name or address within 30 days 83.70(g), 83.70(h)
    • Failure of an independent contractor to comply with all state and federal guidelines for independent contractors 83.71(h)
    • Failure of a mobile shop to maintain a permanent physical address 83.78(b)
    • Failure of a mobile shop to notify the Department of any address change within 10 days 83.78(b)

    FACILITY AND EQUIPMENT VIOLATIONS

    • Failure of a beauty salon to have one working station for each licensee present and providing services 83.71(e) (1)(A) &(g)(1)
    • Failure of a beauty salon to have one styling chair for each licensee present and providing services 83.71(e)(1)(B) & (g)(1)
    • Failure of a beauty salon to have sufficient amount of shampoo bowls §83.71(e)(1)(C)
    • Failure of a manicure salon to have one manicure table with light for each licensee present and providing services 83.71(e)(2)(A) & (g)(3)
    • Failure of a manicure salon to have one manicure stool for each licensee present and providing services 83.71(e)(2)(B) & (g)(3)
    • Failure of a manicure salon to have one professional client chair for each manicure station 83.71(e)(2)(C) & (g)(3)
    • Failure of an esthetician salon to have one bed or chair for each licensee present and providing services 83.71(e)(3)(A) & (g)(2)
    • Failure of an esthetician salon to have one mirror for each licensee present and providing services 83.71(e)(3)(B) & (g)(2)
    • Failure of an eyelash extension salon to have one facial bed or massage table that allows the consumer to lie completely flat 83.71(e)(5)(A) & (g)(4)
    • Failure of an eyelash extension salon to have one lamp 83.71(e)(5)(B) & (g)(4)
    • Failure of an eyelash extension salon to have one stool or chair 83.71(e)(5)(C) & (g)(4)
    • Failure of a wig salon to have mannequin table, station, or styling bar to accommodate a minimum of ten hairpieces 83.71(e)(6)(A)
    • Failure of a wig salon to have one wig dryer 83.71(e)(6)(B)
    • Failure of a wig salon to have two canvas wig blocks 83.71(e)(6)(C)
    • Failure of a hair weaving salon to have one work station for each licensee present and providing services 83.71(e)(7)(A)
    • Failure of a hair weaving salon to have one styling chair for each licensee present and providing services 83.71(e)(7)(B)
    • Failure of a hair weaving salon to have sufficient amount of shampoo bowls 83.71(e)(7)(C)
    • Failure of a hair weaving salon to have one chair dryer/handheld dryer for each three hair weaver/braiders 83.71(e)(7)(D)
    • Failure of a hair braiding salon to have one work station for each licensee present and providing services 83.71(e)(8)(A)
    • Failure of a hair braiding salon to have one styling chair for each licensee present and providing services 83.71(e)(8)(B)
    • Failure to anchor all mobile shop furniture to the unit 83.78(e)

    SANITATION VIOLATIONS

    • Wearing lingerie or see-through fabric as outer garments, or not wearing footwear, while performing services 83.70(i)
    • Wearing unclean outer garments or footwear 83.70(i)

    Class B:

    1st Violation: $200
    2nd Violation: $400 to $600
    3rd Violation: $800 to $1,000

    SANITATION AND PUBLIC HEALTH VIOLATIONS

    • Clothes improper or unclean 83.70(i)
    • Failure of a mobile shop to store all chemicals in cabinets secured with safety catches and separate and apart from other articles or equipment 83.78(f)
    • Failure to thoroughly clean floors in cosmetology establishments each day 83.102(h)
    • Failure to sweep up and deposit hair cuttings in a closed receptacle after each hair cut 83.102(h)
    • Failure to empty all trash containers daily or keep clean by washing or using plastic liners 83.102(i)
    • Failure to use a clean single-use cape or a sanitized towel/neck strip; cape unclean 83.102(n)
    • Failure 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)
    • Failure to have footspa and foot basin chair made of or covered in a non-porous material that can be disinfected §83.108(n)
    • Failure to keep floors, walls, ceilings, shelves, furniture, furnishings, and fixtures clean and in good repair; failure 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)
    • Failure to have floors in areas where barber services are performed of a material which is not porous or absorbent and is easily washable; having carpet in unpermitted areas 82.114(b)
    • Failure to have floors in areas where cosmetology services are performed of a material which is not porous or absorbent and is easily washable; having carpet in unpermitted areas 83.114(b)
    • Failure to keep plumbing fixtures clean and free from cracks and similar disrepair that cannot be readily accessible for cleaning 83.114(c)
    • Storing chemical supplies in restroom 83.114(e)
    • Preparing food or beverages on licensed premises for sale 83.114(f)
    • Allowed animals in establishment 83.114(i)

    Class C

    1st Violation: $300
    2nd Violation: $500 to $800
    3rd Violation: $1,000 to $1,300 and/or up to 6-month full suspension

    ADMINISTRATIVE VIOLATIONS

    • Failed to pay a processing fee for a dishonored check 60.82
    • Failure to supply list of independent contractors to Department inspector upon request 83.52(b), 83.53(c), 83.71(c)
    • Failure of a lessor to maintain list of independent contractors that includes the name and cosmetology license number of the renter 83.71(c)
    • Failure to keep all required mobile shop records within the unit for one year from the date the record was made 83.78(c)
    • Failure to make required mobile shop records available for inspection by the Department 83.78(c)
    • Failure of mobile shop to provide the Department with either GPS tracking information or a weekly itinerary 83.78(d)
    • Failure of mobile shop to follow all requirements for GPS tracking 83.78(d)(1)
    • Failure of mobile shop to follow all requirements for a weekly itinerary 83.78(d)(2)

    ADVERTISING VIOLATIONS

    • 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)

    PRACTICING WITHOUT PROPER LICENSE OR INSPECTION

    • Performing or attempting to perform any practice of cosmetology with an expired license 1602.251(a), 1602.351
    • License holder working in a facility which has an expired license 1602.251(c), 83.70(b)
    • Operating a beauty shop, specialty shop, or other place of business in which cosmetology is taught or practiced with an expired business license 1602.301(a), 1602.351
    • Leasing space in a beauty shop as an independent contractor while not holding a booth rental license or holding an expired booth rental license §1602.306(a), 83.70(c)
    • Leased to a person who acted as an operator or specialist who did not hold a booth rental license §1602.403(c), 83.71(c)
    • Employed a person as an operator or specialist, or leased to a person who acted as an operator or specialist, who held an expired license or certificate 1602.403(c)
    • Failure to apply for a new establishment license after relocating 83.29(b)
    • Failure to apply for a new establishment license within 30 days of change of ownership 83.29(c)
    • Failure to have a beauty salon inspected following a change of ownership 83.29(c), 83.51(a)
    • Failure to have a beauty salon that does not pass initial inspection re-inspected and/or pay the re-inspection fee 83.51(f)

    SANITATION AND PUBLIC HEALTH VIOLATIONS

    • Failure to store sterilized or sanitized instruments according to manufacturer's instructions 1603.352(c)
    • Failure of a salon to have a clean, dry, debris-free storage area 83.71(d)(5) & (f)(2)
    • Failure to keep chlorine bleach in a closed covered container not exposed to sunlight 83.101(b)(3)
    • Placing or storing chlorine bleach near other chemicals or near flame 83.101(b)(5)
    • Failure to dispose of used or soiled chlorine bleach solution each day 83.101(b)(6)
    • Failure to keep alcohol in a covered container 83.101(c)(3)
    • 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 83.102(f)
    • Failure to store non-cosmetology related supplies in separate drawers or locations 83.102(f)
    • Failure to disinfect shampoo bowls and manicure tables prior to use for each client 83.102(g)
    • Failure to clean and disinfect facial chairs and beds, including headrest, after providing service to each client 83.104(c), 83.101(a), 83.102(a) & (c)
    • Failure to store hair-removal thread in a sealed bag or covered container until ready to use, or failure to store the bag in a clean, dry, debris-free storage area 83.105(e)
    • Failure to clean and disinfect footspa or foot basin chair after providing service to each client 83.108(n)
    • Failure to keep used wigs and hairpieces in a closed bag or container until ready to be cleaned 83.109(f)
    • Failure to clean and disinfect eyelash extension application chairs and beds, including headrest, after providing service to each client 83.115(c), 83.101(a), 83.102(a) & (c)

    Class D:

    1st Violation: $500
    2nd Violation: $800 to $1,200
    3rd Violation: $1,500 to $1,900 and/or up to 6-month full suspension

    FACILITY VIOLATIONS

    • Salon operating in conjunction with another facility without proper separation 1602.404
    • Failure of a mobile shop to have the required restroom and toilet 83.78(j)
    • Performing services outside a mobile shop or when the shop is in motion 83.78(k)
    • Using a mobile shop as a residence or for any purpose other than cosmetology services 82.78(l)
    • Failure to provide at least one restroom located on or near the premises of the establishment 83.114(e)
    • Using a cosmetology 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)
    • Failure of a salon attached to a residence to maintain a separate and distinct entrance not open to living quarters 83.114(h)
    • Door leading to living quarters not closed during business hours 83.114(h)

    SANITATION AND PUBLIC HEALTH VIOLATIONS

    • Failure of a salon to have a suitable receptacle for used towels/linen 83.71(d)(3) & (f)(3)
    • Failure of a salon to have a wet disinfectant soaking container 83.71(d)(3) & (f)(1)
    • Failure to prepare fresh disinfectant solution daily or more often as needed, for immersion of implements 83.101(a)(3)
    • Failure to use disinfectant in accordance with the manufacturers' recommendation or other guidance in the cosmetology rules 83.101(a)(4)
    • Failure to mix chlorine bleach solution daily at correct concentration 83.101(b)(2)
    • Using isopropyl or ethyl alcohol of an incorrect concentration for disinfection 83.101(c)(1)
    • Failure to discard single-use equipment, implements, tools or porous items after use on a single client 83.102(d)
    • Failure to wipe clean and disinfect electrical equipment that cannot be immersed in liquid prior to each use on a client 83.102(e)
    • Failure to use clean towels on each client 83.102(k)
    • Failure to wash towels in hot water and chlorine bleach 82.102(k)
    • Failure to remove soiled towels after use on each client and deposit in a suitable receptacle 82.102(l)
    • Failure to have shop properly ventilated 83.114(g)

    SANITATION VIOLATIONS- HAIR CUTTING, STYLING, TREATMENT AND SHAVING SERVICES

    • Failure to properly clean and disinfect hair cutting, styling and treatment equipment, implements, tools and materials prior to servicing each client§83.103(b), 83.101(a), 83.102(a) & (c)
    • Failure to wipe required implements after each client with a clean paper or fabric towel and spray with either an EPA-registered disinfectant, alcohol, or bleach solution 83.103(c), 83.101(a), 83.102(a) & (c)
    • Failure 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, alcohol, or bleach solution 83.103(d), 83.101(a), 83.102(a) & (c)

    SANITATION VIOLATIONS-MANICURE AND PEDICURE SERVICES

    • Failure 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, alcohol, or bleach solution 83.106(f), 83.101(a), 83.102(a) & (c)
    • Failure 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)
    • Using electric files, drills, or machines other than those specifically designed and manufactured for use in the professional nail industry 83.107(a)
    • Failure 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), 83.101(a), 83.102(a) & (c)
    • Failure to disinfect diamond, carbide, natural and metal bits by complete immersion in an appropriate disinfectant, and then sterilize, between clients 83.107(c), 83.101(a), 83.102(a) & (c)
    • Failure 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)

    SANITATION VIOLATIONS- ESTHETICIAN, TEMPORARY HAIR REMOVAL, AND EYELASH EXTENSION APPLICATION SERVICES

    • Failure to wear gloves when performing an extraction 83.104(a)
    • Failure to clean the areas of the client's body on which the temporary hair removal service is to be administered 83.105(b)
    • Failure to clean the areas of the client's body on which a manicure or pedicure service is to be administered 83.106(b)
    • Failure to store eyelash extensions in a sealed bag or covered container, or failure to store the bag in a clean, dry, debris-free storage area 83.115(h)

    SANITATION VIOLATIONS-WIG AND HAIRPIECE SERVICES

    • Failure to properly clean and disinfect wig and hairpiece equipment, implements, tools and materials prior to servicing each client 83.109(b), 83.101(a), 83.102(a) & (c)
    • Failure to wipe certain implements clean with clean paper or fabric towel and spray with an EPA-registered disinfectant, alcohol, or bleach solution after each client 83.109(c), 83.101(a), 83.102(a) & (c)
    • Failure to manually scrub certain implements and tools with soap and water and disinfect by complete immersion in an EPA-registered disinfectant, alcohol, or bleach solution at the end of each day 83.109(d), 83.101(a), 83.102(a) & (c)
    • Failure to properly disinfect a hairpiece prior to resale 83.109(e)
    • Failure to spray a used wig block with EPA disinfectant after each use and keep separate in a plastic bag in a sanitized condition§83.109(g)
    • Failure to keep soiled wigs and hairpieces separate from finished wigs and hairpieces 83.109(h)

    SANITATION VIOLATIONS-HAIR WEAVING AND HAIR BRAIDING SERVICES

    • Failure to properly clean and disinfect hair weaving and hair braiding equipment, implements, tools and materials prior to servicing each client 83.110(b), 83.101(a), 83.102(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 83.110(c)
    • Failure to spray needles with a disinfectant before use 83.110(d), 83.101(a), 83.102(a) & (c)

    RECORDKEEPING VIOLATIONS - FOOT SPAS, FOOT BASINS, AND SPA LINERS

    • Failure 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)
    • Failure 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)
    • Failure 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 §82.108(k)
    • Failure 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 work day 83.108(e), (g) & (k)
    • Failure 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)
    • Failure 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)

    Class E:

    1st Violation: $750
    2nd Violation: $1,000 to $1,500
    3rd Violation: $1,750 to $2,250 and/or up to 1-year full suspension

    SANITATION VIOLATIONS - ESTHETICIAN SERVICES

    • Failure to properly clean and disinfect facial equipment, implements, tools and materials after servicing each client 83.104(b), 83.101(a), 83.102(a) & (c)
    • Failure to clean and disinfect multiple use implements such as tweezers and comedone extractors after each client 83.104(d), 83.101(a), 83.102(a) & (c)
    • Failure to discard single-use items in a trash receptacle after use 83.104(e)
    • Failure to replace facial tools and accessories with clean items for each client 83.104(f)
    • Failure to use items subject to possible cross contamination in a manner that does not contaminate the remaining product 83.104(g)

    SANITATION VIOLATIONS-TEMPORARY HAIR REMOVAL SERVICES

    • Failure 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)
    • Failure to clean and disinfect all wax pots or leaving applicators standing in the wax; reusing wax 83.105(d), 83.101(a), 83.102(a) & (c)
    • Failure to clean, disinfect, and sterilize or sanitize all multi-use implements prior to each use 83.105(f), 83.101(a), 83.102(a) & (c)

    SANITATION VIOLATIONS- EYELASH EXTENSION APPLICATION SERVICES

    • Failure to properly clean and disinfect equipment, implements and materials prior to providing services 83.115(b), 83.101(a), 83.102(a) & (c)
    • Failure to clean and disinfect required implements after each client 83.115(d)
    • Failure to discard required single-use items in a trash receptacle after each use 83.115(e)
    • Failure to replace required items with clean items 83.115(f)

    Failure to use only properly labeled semi-permanent glue and semi-permanent glue remover 83.115(g)

    Failure to use semi-permanent glue and semi-permanent glue remover according to the manufacturer's instructions 83.115(g)

    SANITATION VIOLATIONS-MANICURE AND PEDICURE SERVICES

    • Failure to clean, disinfect, and sterilize metal instruments with an autoclave or dry heat-sterilizer, or sanitize with an ultraviolet sanitizer 1603.352(a)
    • Failure of manager or owner to provide an autoclave or dry heat sterilizer, or an ultraviolet sanitizer 1603.352(b), 83.71(d)(7)
    • Failure to properly clean, disinfect, and sterilize or sanitize all metal manicure and pedicure tools prior to servicing each client 83.106(c), 83.101(a), 83.102(a) & (c)
    • Failure to clean, disinfect, and sterilize or sanitize manicure and pedicure implements after each use 83.106(d), 83.101(a), 83.102(a) & (c)
    • Failure to discard orangewood sticks, cotton balls, nail wipes and disposable towels after single use 83.106(e)
    • Failure 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)

    Class F:

    1st Violation: $1,000
    2nd Violation: $1,250 to $1,750
    3rd Violation: $2,000 to $2,500 and/or 1-year full suspension up to revocation

    ADMINISTRATIVE VIOLATIONS

    • Failure to pay risk-based inspection fee 1603.104(e), 83.53(a)
    • Failure of a cosmetology establishment owner, manager, or their representative to cooperate with an inspector in the performance of the inspection 83.50(d)

    UNLICENSED ACTIVITY

    • Performing or attempting to perform any practice of cosmetology without first obtaining a license 1602.251(a)
    • License holder working in an unlicensed facility 1602.251(c), 83.70(b)
    • Manicurist performing cosmetology other than defined under §1602.002(a)(10) and (11) 1602.256(a), 83.70(d), 83.71(i)
    • Esthetician performing cosmetology other than defined under §1602.002(a)(6) through (9) 1602.257(a), 83.70(d), 83.71(i)
    • Eyelash extension specialist performing cosmetology other than defined under

    1602.002(a)(12) 1602.2571(a), 83.70(d), 83.71(i)

    • Specialty certificate holder performing cosmetology other than defined under

    1602.002(a)(2) through (4) 1602.258(a), 83.70(d), 83.71(i)

    • Manicurist/ Esthetician performing cosmetology other than defined under §1602.002(a)(6) through (11) 1602.261(a), 83.70(d), 83.71(i)
    • Operating a beauty shop, specialty shop, or other place of business in which cosmetology is taught or practiced without obtaining the appropriate business license 1602.301(a)
    • Leasing space in a beauty shop as an independent contractor while not holding a cosmetology license 1602.301(b)
    • Specialty salon performing an act or practice for which it is not licensed 1602.305(a), 83.10(27)
    • Performing or attempting to perform cosmetology while the holder's license is on inactive status 1602.353(d), 83.24(b)
    • Employing a person to perform the practice of cosmetology while the holder's license is on inactive status 1602.353(f)
    • Employed a person as an operator or specialist who has not first obtained a license or certificate 1602.403(c)

    SANITATION AND PUBLIC HEALTH VIOLATIONS

    • Failure to provide hand washing facilities for employees which include hot and cold running water 83.71(d)(1), 83.102(j)
    • Failure of a mobile shop to have the required hot water heater 83.78(h)
    • Failure of a mobile shop to have a fresh water tank holding a sufficient amount to perform the day's business 83.78(i)
    • Failure of a mobile shop with a depleted water supply to immediately cease operation 83.78(i)
    • Failure to wash hands with soap and water, or use a liquid hand sanitizer, prior to performing any services on a client 83.103(a), 83.104(a), 83.105(a), 83.106(a), 83.109(a), 83.110(a)
    • Possession or use of Methyl Methacrylate Liquid Monomers (MMA); buying, selling, using, or applying liquid MMA to a person 83.112(a)(1) & (b), 83.113(c)
    • Possession or use of 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)
    • Possession or use of alum or other astringents in stick or lump form 83.112(a)(3) & (b)
    • Possession or use of fumigants such as formalin (formaldehyde) tablets or liquids 83.112(a)(4) & (b)
    • Used a product, preparation or procedure that came into contact with or penetrated the dermis layer of the skin 83.112(c)
    • Possession, storage, or use of 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), 83.113(b)
    • Failure 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)
    • Failure to wash hands with soap and water prior to performing eyelash extension services on a client 83.115(a)

    SANITATION VIOLATIONS - FOOT SPAS, FOOT BASINS, AND SPA LINERS

    • Failure to clean and disinfect whirlpool foot spas as required after use by each patron, specifically: 83.108(b)
    • Failure to drain all water and remove all debris from spa basin
    • Failure to clean spa basin with soap or detergent and water
    • Failure to disinfect spa basin with an EPA-registered disinfectant
    • Failure to wipe spa basin dry with clean towel
    • Failure to clean and sanitize whirlpool foot spas as required at the end of each day, specifically: §83.108(c)
    • Failure to remove screen or other removable parts and remove all trapped debris
    • Failure to wash screen and inlet or other removable parts with soap or detergent and water
    • Failure to wash screen with correct chlorine bleach solution or immerse in an EPA-registered disinfectant before replacing screen or other removable parts
    • Failure to flush the spa system with soap and warm water for at least ten (10) minutes and/or failure to rinse and drain afterwards
    • Failure to clean and disinfect whirlpool foot spas as required on a bi-weekly basis, specifically: 83.108(d)
    • Failure to completely fill spa basin with correct chlorine bleach solution
    • Failure to flush spa system with chlorine bleach solution or EPA-registered disinfectant for 5 to 10 minutes and/or failure to allow to sit for 6 to 10 hours afterward
    • Failure to drain and flush with water before use by a patron
    • Failure to clean and disinfect each non-whirlpool foot basin as required after use by each patron, specifically: 83.108(f)
    • Failure to drain all water and remove all debris from foot basin
    • Failure to scrub and clean the inside surface of a foot basin of all visible residue with a clean brush, soap or detergent, and water
    • Failure to disinfect foot basin with an EPA-registered disinfectant
    • Failure to rinse, empty and wipe foot basin dry with a clean towel
    • Failure to follow procedures when using spa liners or portable whirlpool jets, specifically: 83.108(j)
    • Failure to pull the heat sealed tab after use upon a patron and allow the water to empty directly into the plumbing system
    • Failure to discard spa liner in a covered trash receptacle
    • Failure to completely immerse a portable whirlpool jet in an EPA registered disinfectant for 5 to 10 minutes
    • Failure to rinse a jet with warm water and drain
    • Failure to wipe all surfaces of a spa basin and foot rest with EPA registered disinfectant wipes

    Class G:

    1st Violation: $2,000
    2nd Violation: $3,000 to $3,500
    3rd Violation: $4,000 to $4,500 and/or 1-year full suspension up to revocation

    SANITATION AND PUBLIC HEALTH VIOLATIONS

    • Working 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) 1602.406(a), 1603.401(2)
    • Knowingly employed an infectious/contagious person who is not entitled to protection under ADA 1602.406(b)
    • Engaging in gross malpractice 1603.401(1)
    • Performing 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)

    SANITATION VIOLATIONS- BLOOD AND BODY FLUIDS

    • Failure to apply powdered alum, styptic powder, or a cyanoacrylate to an open wound with a disposable cotton-tipped instrument§83.111(a)
    • Failure to immediately discard cotton-tipped instrument after application of alum, styptic powder, or a cyanoacrylate to an open wound 83.111(a)
    • Failure to immediately use an approved disinfectant to clean blood or body fluids from a surface area 83.111(b), 83.101(c)(2)
    • Failure to immediately clean and disinfect by approved method a non-porous instrument contacted by blood or body fluid 83.111(c)
    • Failure to immediately double-bag and discard in a closed trash container or biohazard box a porous instrument contacted by blood or body fluid 83.111(d)

    Class H:

    1st Violation: Revocation and/or $3,000 to $5,000
    2nd Violation: Revocation and/or $4,000 to $5,000
    3rd Violation: Revocation and/or $5,000

    • Engaged in fraud or deceit in obtaining a certificate, license, or permit 1603.401(5), 60.23(a)(1)
    • Failed to comply with previous order of Commission/Executive Director 51.353(a)
    • Used or provided unauthorized assistance in connection with an examination 60.52(a)