Barbering

• Twenty-three Agreed Orders Issued
• Fifteen Agreed Orders Entered for Unlicensed Activity
• Fifteen Barbers Receive Agreed Orders - Cosmetologist Caught Performing Shaving Service
• The Advisory Board on Barbering met January 12 in Austin. The agenda is available online. The meeting was archived and is available for listening via RealPlayer.
• Texas Department of Licensing and Regulation Statement on “Fish Pedicure” Procedure
• Purchase the Barber Law and Rule book online
• Information about FDA Listed Sterilizers
• Barber Fee Reduced to Ten-Year Low
• What to Expect During a Barber School Inspection
• Frequently Asked Questions regarding HB2106, New Sterilization Requirements and Barber Shop / School Inspections
• Renew your License or Permit Online
• Manicure And Pedicure Precautions For Consumers
• Five Barber Shop Owners Penalized for Leasing To Unlicensed Workers - $3250 Assessed in Penalties
• Just Say “No” to Credo Blades and Other Unlawful Substances or Products - Texas Barber Fined For Credo Blade
• Unlicensed Barbering and Unlicensed Booth Rental Violations Cited in Agreed Orders
• Barber School Violates Code, One Thousand Dollars Assessed in Penalty
• Six Agreed Orders Entered Against Barber Shops - Four Unlicensed and Two Expired License Shops Penalized
• Shop Owner and Unlicensed Employee Enter Individual Agreed Orders - This Is Not a “Two for One” You Want to Receive

Justification for Barbers Administrative Rule Adoption §82.72

The Texas Commission of Licensing and Regulation (“Commission”) adopts amendments to an existing rule at 16 Texas Administrative Code (“TAC”), Chapter 82, §82.72, regarding the responsibilities of barber schools, without changes to the proposed text as published in the April 18, 2008, issue of the Texas Register (33 TexReg 3106). The adoption takes effect July 1, 2008.

The amendment will restore text to the rule that was inadvertently omitted in a prior rulemaking adoption. The Commission adopted amendments to 16 TAC, §82.72, effective August 1, 2006, with no changes to subsection (g) regarding the responsibility of a barber school to ensure that each student is equipped with his or her own personal tools. However, due to an error in the agency’s document submission of §82.72 to the Texas Register, the text for paragraphs (1)-(14) of subsection (g) was inadvertently omitted. This text is a list of specific tools that the school is to provide to a barber student. This rule adoption will correct the error.

The Texas Department of Licensing and Regulation (“Department”) drafted and distributed the proposed rule to persons internal and external to the agency. The proposed amendment was published in the Texas Register on April 18, 2008. The comment period closed on May 19, 2008. One public comment was received in response to the proposed rule.

The comment suggests replacing the proposed language of “one neck duster” with “three re-usable neck dusters made of plastic.” The commenter believes that this language will better facilitate cleaning and disinfecting of the neck dusters. Specifying that a neck duster must be made of plastic would allow the duster to be soaked in a disinfectant solution, and requiring three neck dusters would allow the student to use one duster while others are drying. The Department disagrees with the comment and believes that the current requirement of one neck duster is a sufficient requirement for a student kit. A neck duster, even if not made of plastic, could be sprayed with disinfectant between clients and generally could be immersed in a disinfectant solution for the minimum time necessary for disinfection. While it might be advisable for students to have more than one neck duster, the Department does not believe that the volume of customers typically seen by students would necessitate a requirement of three neck dusters.

The amendments are adopted under Texas Occupations Code, Chapters 51, 1601, and 1603 which authorizes 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, 1601, and 1603. No other statutes, articles, or codes are affected by the adoption.

§82.72. Responsibilities of Barber Schools.

(a) If a barber school changes ownership, the new owner shall notify the department of the change and apply for a new permit from the department within thirty days of the change of ownership.

(b) The department shall inspect a barber school that has changed ownership to determine that it fulfills all requirements of the department and of the Act.

(c) A new permit fee shall be required from a barber school that has changed ownership.

(d) A barber school must have one barber chair available for each student in attendance on the practical floor. Additional students in attendance must be assigned to the beginner's department or theory classroom.

(e) A barber school shall furnish each student within seven days of the student's enrollment his or her own copy of the law and rules book published by the department. Each student shall retain permanent ownership of the books so that he or she will have ready access to and be knowledgeable of the laws and rules that regulate barbering.

(f) The barber school must issue within seven days of enrollment each student his or her own textbook or books which shall contain all subjects referred to in Texas Occupations Code §1601.558. The department must approve each textbook or books before it may be used in the barber school curriculum.

(g) Within 30 days of enrollment, a barber school shall furnish to or ensure that each student is equipped with his or her own personal tools which must include the following:

(1) one professional electric clipper of modern design;

(2) one neck duster;

(3) one barber shears;

(4) one thinning shears;

(5) one razor equipped with disposable blades;

(6) three barber combs;

(7) one styptic powder or liquid styptic;

(8) one tool kit (carrying kit);

(9) one hair styling brush;

(10) one neck clip;

(11) one can clipper oil;

(12) two washable uniforms;

(13) one hand held hair dryer; and

(14) one T-edger or outliner.

(h) No student may take instruction or accrue hours for practical work unless he or she is equipped with the tools required above.

(i) Each barber school shall have:

(1) for each student in attendance on the practical floor, enrolled in a manicurist course outlined in §82.120, one complete manicure table, one complete set of manicuring implements for plain and sculptured nails, and one textbook with complete instructions;

(2) an adequate supply of permanent wave rods;

(3) a minimum of two canvas-type wig blocks;

(4) two mannequins, one long-haired and one short-haired;

(5) a minimum of one wig, one hairpiece, and one hairwoven piece;

(6) clock;

(7) bulletin board;

(8) fire extinguisher with current inspection report;

(9) teacher's desk in classroom; and

(10) if providing manicure or pedicure nail services, a department-approved sterilizer.

(j) Each classroom consultant to theory instruction in a barber school shall have a valid Texas barber teacher's certificate, an academic degree or specialized training or expertise in the subject being taught if the subject pertains to material relating to barbering.

(k) A student teacher may instruct theory only if assisted by a person holding a teaching certificate.

(l) Whenever an approved barber school is without the services of at least one teacher who has a valid Texas barber teacher's certificate for all or any portion of three consecutive business days, no instruction may be provided, and no student shall accrue hours for either practical work or theory for the duration of such absence.

(m) A barber school shall submit each application for student permit which shall include the following items:

(1) the original of the application for student permit form; and

(2) proof of a seventh-grade education or its equivalency. This shall be in the form of a transcript or copy of the diploma, equivalency certificate, or record.

(n) Application for a student permit must be sent to the department in complete form within ten days of actual date of enrollment. After the department receives the completed student permit application, the department will issue a student permit which gives the student the right to do barber service only in the school. The school shall affix to the student permit two current photographs furnished by the student, one photograph affixed to the school’s portion of the permit and one photograph affixed to the student’s portion of the permit. No student permit is valid unless these photographs are attached thereto.

(o) A barber school shall maintain one album displaying the school’s portion of student permits, including affixed picture, of all enrolled students. The permits shall be in alphabetical order. No student may accrue hours for practical work or theory unless the student’s permit is displayed in accordance with this subsection.

(p) Each barber school approved by the department shall include in its instruction the curricula approved by the department.

(q) No business other than the teaching and practicing of barbering can be operated on the premises of a barber school, with the exception of vending machines or retail products directly relating to hair care.

(r) Only a permitted barber school, barbershop, or manicurist specialty shop or a licensed barber may advertise in the yellow pages of the telephone directory under "Barber."

(s) Schools may establish rules of operation and conduct, which may include rules relating to student clothing, that do not conflict with this chapter.

(t) A student enrolled in a barber school must wear a clean uniform or smock during school hours.

(u) Barber schools are responsible for compliance with the health and safety standards of this chapter.

(v) Alterations to the school’s floor plan must be in compliance with the requirements of the Act and this chapter.

(w) Barber schools shall notify the department in writing of any name change of the school within thirty days of the change.

(y) At least one time per month, barber schools shall submit to the department an electronic record of each student’s accrued hours, in a manner and format prescribed by the department. The initial submission of student hours shall include all student hours accrued at the school. Delayed data submission(s) are permitted only upon department approval, and the department shall determine the period of time for which a school may delay the electronic submission of data on a case by case basis. Upon department approval, a school may submit data required under this subsection in an alternate manner and format as determined by the department, if the school demonstrates that the requirements of this subsection would cause a substantial hardship to the school.

(z) A school shall maintain and have available for department and/or student inspection the monthly progress report required by Texas Occupations Code, §1601.561(a), documenting the daily attendance record of each student and number of credit hours earned. The school shall maintain the monthly progress report throughout the period of the student’s enrollment and for 48 months after the student completes the curriculum, withdraws, or is terminated.

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 June 11, 2008.

William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation

Barber Fee Reduced to Ten-Year Low

At its meeting Tuesday, the Texas Commission of Licensing and Regulation adopted new rules that will lower the cost of a Class A Barber’s license. Under the new rules, the license will cost $70, a $20 reduction from the old $90 fee. $70 for this license type represents the lowest this fee has been in over ten years.

The rule change will apply to all new applications received and renewals of licenses expiring on or after January 1, 2008.

Manicure And Pedicure Precautions For Consumers

The Texas Department of Licensing and Regulation rules require that all non-porous manicure and pedicure implements must be cleaned, disinfected and sterilized prior to each service.

• Make sure the salon and operator are currently licensed.
• If you have, or suspect that you have a skin infection, do not get a manicure, pedicure or utilize the foot spa bath.
• Do not have any type of hair removal service 24 hours prior to a pedicure or manicure.
• If you have broken skin or lesions, such as cuts or nicks, do not get a pedicure ormanicure.
• Take a look around the salon to determine if it is clean, free of trash and set up with clean instruments. How can you tell if instruments are clean?
  • There should be no visible marks on buffer blocks.
  • Implements should not be stored in an open tray and not used from one customer to another.
  • Disposable items should not be re-used (cotton balls, orangewood sticks, nail wipes, disposable towels).
  • Metal pushers and files, cuticle nipper and scissors, tweezers, finger and toe nail clippers and electric drill bits must be cleaned, disinfected and sterilized by autoclave, dry heat sterilizer or UV light.
• The following materials that are used during a manicure or pedicure shall be replaced with new or clean articles for each client: terry cloth towels, finger bowls and spatulas that contact skin or skin products from multi-use containers.

If you have any doubts about the cleanliness of the shop/salon or their adherence to sanitation requirements for manicures and pedicures, leave.

Top of Page | TDLR Home Page