Adopted Repeal of Duplicate Administrative Rules

JUSTIFICATION FOR ADMINISTRATIVE RULE ADOPTION
Laser Hair Removal
16 TAC Chapter 148, repeal §148.2

The Texas Commission of Licensing and Regulation (Commission) adopts the repeal of existing rules at 16 Texas Administrative Code, Chapter 148, §148.2, regarding the Laser Hair Removal program, as noticed in the February 2, 2018, issue of the Texas Register (43 TexReg 513). The rules will not be republished.

The Texas Legislature enacted Senate Bill 202 (S.B. 202), 84th Legislature, Regular Session (2015), which, in part, transferred 13 occupational licensing programs in two phases from the Department of State Health Services (DSHS) to the Commission and the Texas Department of Licensing and Regulation (Department).

On August 18, 2017, the Commission adopted its own set of rules for the Laser Hair Removal program located at 16 TAC Chapter 118. The Commission’s rules were effective November 1, 2017. (42 TexReg 4815). The Department officially commenced all regulatory functions for the Laser Hair Removal program on November 1, 2017.

The current 16 TAC Chapter 148 rules were transferred from DSHS to be repealed to eliminate possible industry and public confusion (42 TexReg 6202). These rules were formerly located at 25 TAC Chapter 289, Subchapter G. The adopted repeal is necessary to complete the implementation of S.B. 202.

The adopted repeal of §148.2 eliminates possible industry and public confusion by removing duplicate, obsolete, and inactive rules for the Laser Hair Removal program.

The Department drafted and distributed the proposed repeal to persons internal and external to the agency. The proposed repeal was published in the February 2, 2018, issue of the Texas Register (43 TexReg 513). The deadline for public comment was March 5, 2018. The Department did not receive any comments during the 30-day public comment period.

At its meeting held on March 27, 2018, the Commission adopted the proposed repeal.

The repeal is adopted under Texas Occupations Code, Chapter 51, which authorize the Commission, the Department’s governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapters 51 and Health and Safety Code, Chapter 401, §§501-522. No other statutes, articles, or codes are affected by the adoption.

[ §148.2 Registration and Radiation Safety Requirements for Use of Laser Hair Removal Devices. ]

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency’s legal authority.

Filed with the Office of the Secretary of State, on April 5, 2018.


Brian E. Francis
Executive Director
Texas Department of Licensing and Regulation