Frequently Asked Questions


Health Professions Transition FAQs

1. When did the transfer happen?

The Texas Department of Licensing and Regulation (TDLR) assumed all activities relating to the Laser Hair Removal program including licenses and renewals, customer service and enforcement on November 1, 2017.

2. Now that the transfer is complete, will I need to get a new license issued by TDLR?

No. The license you have now, issued by the Texas Department of State Health Services (DSHS), remains valid until its expiration date. When you renew, you will receive a TDLR license.

3. Have the rules changed?

Yes, TDLR adopted rules for all of the transferred programs. Most of the newly adopted rules are very similar, but some changes have been made. The TDLR health profession rules became effective on November 1, 2017.

4. What is going to happen with open complaints and cases?

If you filed a complaint with DSHS or had a complaint filed against your license and it was not resolved by the transfer date, TDLR assumed responsibility for the case. You should have already received notification by mail that your complaint was transferred to TDLR.

5. How do I stay informed about changes impacting me?

You have several options to stay connected:

  • Email updates - Sign up for email updates to receive notices about rules, the law, fees, examination requirements, meetings and more. Email updates are the best way for you to stay informed.
  • Meetings - TDLR’s advisory board and Commission meetings are available to watch online live or later at your convenience.
  • Facebook and Twitter - TDLR has a Facebook page and Twitter account dedicated to TDLR Health Professions.

6. Why was my license expiration date extended? Will I have the same expiration date in the future?

To ease the transition, DSHS extended the expiration date by two months for licenses previously set to expire in September, and October, and November 2017. For example, if your original expiration date was September 30, your new expiration date is November 30. If your license was extended, you will continue to renew your license in the new expiration month in the future. Licenses in counties affected by Hurricane Harvey were also extended by DSHS.

7. Will I have to renew on a different schedule?

You will renew on the same schedule unless your license expired in August, September or October 2016. Licenses expiring in those months were extended for two months to ease the transition from DSHS to TDLR. In addition, licenses in counties affected by Hurricane Harvey were also extended by DSHS. If your license was extended, you will now renew in your new expiration month for future renewals. Your license expiration date will not return to your original expiration month.

8. Why were licensing programs transferred from DSHS to TDLR?

The transfer is the result of a change to Texas law. In 2015, the Texas Legislature passed Senate Bill 202, which authorized the transfer of thirteen licensing programs from the DSHS to TDLR. Phase one of this transfer was completed on October 3, 2016 when seven Health-Related Profession programs went live at TDLR.


Laser Hair Removal Devices

1. What are laser hair removal devices?

Laser hair removal devices are any lasers or IPL’s used for removing hair.

2. Can a laser hair removal professional purchase, possess and use the laser hair removal device?

A physician’s order or prescription is required for the purchase of a laser hair removal device. The laser hair removal device can only be purchased by a licensed health professional for the facility. The written contract with the consulting physician will meet the requirements for supervision for the use of the laser hair removal device. The protocols developed will satisfy the requirements for a prescription for each use.

3. How do I find out more about the registration and usage requirements for laser hair removal devices?

Please see the Department of State Health Services (DSHS) Laser and Laser Device Services Registration website.

You may also wish to review the TDLR Policy Regarding Purchase, Possession, and Use of a Laser Hair Removal Device pursuant to Subchapter M, Chapter 401, Health and Safety Code.


Facility Registration

1. Does a Physician Assistant, who owns a med spa need to register the spa?

Yes, a separate laser hair removal application shall be submitted for each laser hair removal facility. Each application submitted to the agency shall designate a LSO, laser hair removal professional and include a copy of the contract with a consulting physician. However, there are a few exceptions such as a facility owned or operated by a physician for the practice of medicine, a licensed hospital or a clinic owned or operated by a licensed hospital. A certificate of laser hair removal registration is required for a facility owned or operated by a physician that performs only laser hair removal procedures.

2. Will each laser hair removal location need to register?

A separate laser hair removal application shall be submitted for each laser hair removal facility. Multiple locations will need separate registrations.

3. What records are required to be maintained at our facility?

Some of the required documents you must maintain on site are as follows:

  • A prescription order for the purchase of any lasers
  • Your manufacturer's user manual
  • A copy of the consulting physician contract
  • Current laser devices inventory
  • Copy of yearly inventory audit
  • Training logs for all technicians
  • Records of quarterly audits conducted by consulting physician
  • Written protocols to include procedures for safety and patient assessments

Personnel Roles

1. Will the facility need a medical director?

No, however each facility will need to obtain a written contract with a consulting physician.

2. Is a prescription required for each laser hair removal procedure?

No, a prescription is not required for each laser hair removal procedure. A written contract with the consulting physician that includes the protocols for the services provided at the facility will meet the requirements in regard to a prescription for each use.

3. I am a facialist and I work under a dermatologist, will I have to get certified to perform laser hair removal procedures?

No, the physician has the authority to delegate tasks. You will not need to obtain an individual certificate unless you no longer work under these conditions.

4. Physicians can delegate to staff, yet registered nurses are not allowed to use lasers. Will this rule supersede the rules of another license board?

The Texas Board of Nursing Position Statement 15.9, Performance of Laser Therapy by RNs or LVNs, states that it is not within the scope of nursing practice to perform the delivery of laser energy on a patient as an independent nursing function. Nurses who elect to accept physician delegation must meet certain criteria specified in the position statement. Please see the Texas Board of Nursing website, or contact the Board of Nursing, for further information regarding nursing practice.

5. Who can operate a laser hair removal device?

A person wishing to perform laser hair removal procedures must apply for and obtain a certificate issued by the agency.

There are four (4) levels of laser hair removal personnel each requiring different levels of training. The personnel include a Laser Hair Removal Apprentice-In-Training, Laser Hair Removal Technician, Senior Laser Hair Removal Technician, and Laser Hair Removal Professional.

6. Who is a licensed health professional?

A licensed health professional is an individual licensed under Texas Occupations Code, Title 3. The use of laser hair removal devices and performance of laser hair removal procedures are determined by that individual’s professional licensing board.

7. Can a laser hair removal professional purchase, possess and use the laser hair removal device?

A physician’s order or prescription is required for the purchase of a laser hair removal device. The laser hair removal device can only be purchased by a licensed health professional for the facility. The written contract with the consulting physician will meet the requirements for supervision for the use of the laser hair removal device. The protocols developed will satisfy the requirements for a prescription for each use.


Complaints

1. How do I file a complaint against a laser hair removal certificate holder or facility, or report unlicensed activity?

Please file a complaint online.

2. My complaint involves unsafe conditions involving radiation. Should I file that complaint with TDLR?

No. The Department of State Health Services (DSHS) continues to regulate lasers and pulsed light devices. The DSHS Radiation Control Program’s Incident Investigation Program responds to radiological incident reports, complaints, technical assistance requests, and close-out requests. Please contact DSHS for these types of issues.

3. How soon do I have to file a complaint?

You must file a complaint within two years of the event described in the complaint. TDLR will not accept complaints filed after two years unless you can show good cause for late filing to TDLR’s Executive Director.

4. I don’t want the certificate holder to know I filed a complaint. May I file a complaint anonymously?

Yes, TDLR accepts anonymous complaints. To file anonymously, be sure to leave the “Complaining Party” space blank on the complaint form. Keep in mind, if you file anonymously, you will not receive updates from TDLR on the status of your complaint and you will not be able to provide any additional information TDLR may need.

5. Does TDLR open and investigate every complaint received?

No. If the information you provide in your complaint does not contain enough information for TDLR to determine that a violation may have occurred, TDLR will first seek additional information from you (if you did not file anonymously). If TDLR does not receive enough information following that request, your complaint may not be opened for investigation.

6. What happens after I file my complaint?

Please see our Complaint Investigation and Resolution page for a detailed explanation of the complaint process.

7. What is the status of a complaint I filed?

TDLR will mail you quarterly notices and will inform you of the resolution of your complaint. Please keep your address and phone number updated with TDLR.

8. How do I know if disciplinary action was taken against a certificate holder, facility, or an unlicensed person or business?

If a complaint results in disciplinary action taken by TDLR, it will be posted in our Administrative Orders Search for three years following the signed order.