Inside TDLR

TDLR's Commissioners

The governing board and policy-making body for the agency

TDLR's Administrative Rules

16 TAC, Chapter 55 - Rules for Administrative Services

TDLR's Procedural Rules

16 TAC, Chapter 60 - Procedural Rules of the Commission & Dept.

TDLR's Enabling Statute

Occupations Code, Chapter 51 - Dept. of Licensing & Regulation

TDLR Enforcement Plan

Describes the specific ranges of penalties

TDLR's Core Values and Mission Statement

Our mission, vision & philosophy

Agency Reports

Strategic plans, financial & legislative reports

Complaints and Enforcement

Laser Hair Removal Penalties and Sanctions

Health and Safety Code Chapter 401
16 Texas Administrative Code, Chapter 118

Class A Violations

Penalty Range: $500 to $1,500

Administrative Violations

Violation	Statute/Rule
Failed to notify the Department in writing within thirty days of a change of name, address, LSO, or employment of certain personnel	118.31(a) & (b)
Failed to provide employees written instructions on how to safely use LHR devices including appropriate warnings and precautions	118.70(i)
Failed to document that employees have read and understand the instructions on how to safely use LHR devices	118.70(j)
Failed to follow proper procedures when a facility terminates all activities involving LHR devices	118.31(j)

Posting and Public Information Violations

Violation	Statute/Rule
Failed to publicly display license in the appropriate location	401.513; 118.70(p)
Failed to post for consumers and service recipients a warning sign that LHR may result in adverse effects and/or failed to post notice of the name, mailing address, and telephone numbers of the Department for purposes of directing complaints to the Department	401.516(a); 118.70(q)
Failed to post required signs in the LHR controlled area	118.70(r)

Recordkeeping Violations

Violation	Statute/Rule
Failed to provide the Department documentation of LHR facility's contractual relationship with the consulting physician	401.519(b)
Failed to conduct yearly physical inventory of all LHR devices and create and maintain records of these inventories	118.31(e)

Class B Violations

Penalty Range: $1,000 to $2,500 and/or up to one-year full suspension

Administrative Violations

Violation	Statute/Rule
Failed to comply with the adverse reporting requirements and notify the Department within 24 hours of submission of such report	118.31(c)

Posting and Public Information Violations

Violation	Statute/Rule
Failed to provide customers with written statement advising the relevant risks of LHR including damaging the customers’ eyes	401.515(a); 118.70(n)
Failed to disclose in writing limitations of LHR certificate: not authorized to diagnose, treat, or offer to treat any client for any illness, disease, injury, defect, or deformity of the human body	401.504(b)

Recordkeeping Violations

Violation	Statute/Rule
Failed to maintain records of receipt, transfer, and disposal for each LHR device	118.31(f)
Failed to make and maintain records of each audit conducted	118.70(s)
Failed to make and maintain records of each LHR procedure	118.70(t)
Failed to keep records for required retention period	118.100(1); 118.100(2)

Advertising Violations

Violation	Statute/Rule
Claimed, advertised, or distributed promotional materials indicating laser hair removal is free from risk or provides any medical benefit	401.518(b); 118.31(h)
Produced false or misleading advertising	401.518(c); 118.31(i)

Facility and Equipment Violations

Violation	Statute/Rule
Unauthorized person purchased an LHR device-update language	118.3(l); 118.70(d)
Failed to stop LHR procedures when an LHR facility has loss the services of both designated consulting physicians	118.31(d)

Laser Safety Officer – Designation and Responsibilities

Violation	Statute/Rule
Failed to ensure laser safety training for users of LHR devices	118.32(b)(1)
Failed to ensure required audits are conducted	118.32(b)(6)
Failed to maintain required records	118.32(b)(7)

Unlicensed Activity

Violation	Statute/Rule
Failed to stop operations of LHR when facility certificate expired	118.40(d)

Class C Violations

Penalty Range: $2,000 to $5,000 and/or up to revocation

Unlicensed Activity

Violation	Statute/Rule
Performed or attempted to perform laser hair removal without holding the appropriate certificate	401.504(a); 118.2(c); 118.20(c)
Operated a laser hair removal facility without holding the appropriate certificate	401.510(a) & (b); 118.2(b); 118.20(b); 118.30(b); 118.30(d)
Transferred, assigned, or in any manner disposed of LHR registration to any person	118.31(l);
Transferred, assigned, or in any manner disposed of LHR certificate to any person	118.33(g)
Performed an act or practice for which the issued certificate is not licensed	401.504(b); 118.3(e)

Sanitation, Safety, & Public Health Violations

Violation	Statute/Rule
LHR operator failed to ensure the LHR facility complied with requirements of the Act	401.518(a), 118.31(g)
Failed to establish a controlled area on the LHR facility’s premises to secure LHR devices from unauthorized access	118.70(k)
Failed to properly secure each LHR device to prevent unauthorized access	118.70(l)
Failed to require all individuals using an LHR device to wear proper protective eyewear	118.70(m)
Used an LHR device in an unauthorized or unregistered facility	118.70(u)
Used an LHR device for a purpose not authorized in the facility registration	118.70(u)

Ethical Violations

Violation	Statute/Rule
Failed to complete required continuing education hours	118.35(a)

Facility and Equipment Violations

Violation	Statute/Rule
LHR device failed to comply with all applicable federal and state laws and regulations	401.514(a); 118.3(c); 118.70(b)
Adulterated or misbranded an LHR device	401.514(b); 118.70(c)
Failed to ensure an LHR device categorized as a prescription device complies with federal requirements for prescription use	118.3(k)
Operated an LHR facility from a person’s living quarters	118.20(f)
Improperly made, sold, leased, transferred, or lent LHR devices	118.70(a)

Standard of Care Violations – Supervision

Violation	Statute/Rule
Certified laser hair removal professional performed LHR without acting under protocol established with a consulting physician and without supervision	401.505(b)
Laser hair removal apprentice-in-training failed to work under the direct supervision of a senior laser hair removal technician or a certified laser hair removal professional	401.508(b)
LHR facility failed to have a certified laser hair removal professional or a licensed health professional present to supervise LHR procedures	401.517(a); 118.70(g)
LHR facility failed to have a written contract with a consulting physician	401.519(a)
LHR professional failed to audit and ensure direct supervision of each of the LHR procedures performed by an LHR technician while obtaining the requirements of Section 118.33(c)	118.34(c)

Laser Safety Officer – Designation and Responsibilities

Violation	Statute/Rule
Failed to ensure performance of maintenance and required safety practices of LHR devices	118.32(b)(3)
Failed to ensure the proper use of protective eyewear and other safety measures	118.32(b)(4)
Failed to ensure compliance with requirements and protocols	118.32(b)(5)
Failed to ensure personnel are trained, certified, and complied with requirements of LHR facility conditions and protocols of the registrant	118.32(b)(8)

Class D Violations

Penalty Range: $3,500 to $5,000 and/or revocation

Violation	Statute/Rule
Failed to comply with previous order of Commission/Executive Director	51.353(a); 118.90
Used an LHR device that threatened or endangered occupational or public health and safety	118.20(a)
LSO failed to take control to institute corrective actions in emergency situations or when there are unsafe conditions	118.32(b)(2)
Used an LHR device for unapproved purposes and/or at unsafe settings	401.514(c); 118.70(f)
Improperly disclosed a customer’s record	401.520(a)