The Texas Legislature passed House Bill No. 2847 (HB 2847) (https://legiscan.com/TX/text/HB2847/2019) in 2019, allowing certain barbering and cosmetology services to be scheduled through a digital network. The services must be performed by a licensed barber or cosmetologist and performed at a location not licensed by the Texas Department of Licensing and Regulation (TDLR) as a cosmetology salon or barbershop. The bill added Section 1603.208. Digitally Prearranged Remote Services (https://www.tdlr.texas.gov/barbers/barcoslaw.htm#1603208) to the Occupations Code. ASCP, AHP, and ANP have outlined the adopted rule amendments and new rules below.
Definitions
- Digital network: any online-supported app, website, or system used by a business that allows a client to digitally prearrange remote services.
- Digitally prearranged remote service: a barbering or cosmetology service performed by a license, certificate, or permit holder in a location other than a fixed place of business that is prearranged via a digital network.
- Remote service business: a sole proprietorship, partnership, corporation, or other entity that allows a client to book a digitally prearranged remote service.
Notice of Intent to Operate a Remote Service Business
If you are a licensed barber or cosmetologist and intend to operate a remote service business, you must notify TDLR using this link (https://ga.tdlr.texas.gov:1443/form/Remoteservicelicensee). Only licensed individuals performing services within their scope of practice may perform digitally prearranged remote services. Service providers must comply with all health and safety requirements, and ensure all implements and supplies have been cleaned, disinfected, and sanitized with department-approved disinfectants. For more information, visit TDLR’s website (https://www.tdlr.texas.gov/bar-cos/prearranged-services-providers.htm).
Remote service businesses can offer the following:
- Haircutting; hairstyling; wigs; artificial hairpieces; or weaving by thread and needle, clamps, or glue
- Arranging, beautifying, shaving, styling, or trimming a person’s mustache or beard
- Beautifying a person’s face, neck, or arms using antiseptic, tonic, lotion, powder, oil, clay, or cream
- Removing superfluous hair on the face using tweezers
- Massaging, cleansing, and treating a person’s hands or feet for polish changes, manicures, and non-whirlpool foot basin pedicures
- Applying semi-permanent eyelash extensions
Remote service businesses cannot offer the following:
- Coloring, processing, bleaching, dyeing, or tinting the hair
- Cosmetic preparations
- Portable whirlpool foot spa pedicures
Safety Resources
We are still learning how to best serve clients safely during the COVID-19 era. Although remote service businesses offer licensed individuals an alternative to working within a barbershop or salon environment, they still require the same attention to safety protocols and due diligence to help mitigate risk and exposure to the coronavirus.
Please review AHP’s Back-to-Practice Guidelines (www.associatedhairprofessionals.com/back-to-practice/summary) for hair professionals, ASCP’s Back-to-Practice Guidelines (www.ascpskincare.com/back-to-practice/summary) for estheticians, and ANP’s Back-to-Practice Guidelines (https://www.nailprofessional.com/back-to-practice/summary) for nail professionals. These comprehensive guidelines are intended to help you reduce risk and keep you and your clients safe. Also review the Checklist for Cosmetology Salons/Hair Salons (https://open.texas.gov/uploads/files/organization/opentexas/OpenTexas-Ch...) and the Checklist for Barbershops (https://open.texas.gov/uploads/files/organization/opentexas/OpenTexas-Checklist-Barber-Shops.pdf) that were assembled by the state and recently updated at the beginning of July.
We appreciate your membership and will continue working on your behalf to update you as we learn more. Please check our COVID-19 page (https://www.ascpskincare.com/updates/blog-posts/state-updates-regarding-...) for updates. Be safe and be well.