Texas House Bill No. 2847 (HB 2847) (https://legiscan.com/TX/text/HB2847/2019), effective September 1, 2019, provided for multiple changes impacting the practice of barbering and cosmetology. A reduced 1,000-hour barbering/cosmetology program and the inclusion of a remote service business are the biggest changes written into HB 2847. The Texas Commission of Licensing and Regulation drafted proposed rules off the bill, and public commentary regarding the proposed rules must be submitted by February 3, 2020, for the Advisory Board of Cosmetology to review.
AHP, ASCP, and ANP have summarized the proposed rule changes below, and recommend that you review pages 21–26 and 28–34 of the proposed rules. Public opinions impact the rule-making process by assisting boards and regulatory agencies to amend federal regulations for improvement. Submit your unique commentary before February 3, 2020, to express support or opposition by one of the following methods:
- Mail: P.O. Box 12157, Austin TX 78711
- Facsimile: (512) 475-3032
- Email: erule.comments@tdlr.texas.gov
PROPOSED RULES
Definitions 82.10
- 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.
Individual License Requirements 82.20 / 83.20
Students enrolled on or after January 1, 2020, in a 1,500-hour barbering or cosmetology program may transfer hours toward a 1,000-hour program if the hours meet required technical standards, or they may choose to transfer schools.
A student enrolled in a 1,000-hour program is eligible to take the written exam once the department receives proof of 900 completed hours.
Permit Requirements 82.22 / 83.22
To operate a remote service business barbershop, beauty salon, specialty shop/salon, dual shop, mobile shop, mini barbershop/salon, or mini dual shop, owners must:
- Notify the department of the intent to operate a remote service business;
- Provide the department with a permanent mailing address; and
- Verify that the remote service business follows state requirements.
Remote Service Business Responsibilities 82.77 / 83.77
A remote service barbering or cosmetology business may not color, process, bleach, dye, tint, or use a cosmetic preparation.
Remote service barbering or cosmetology businesses may perform the following services:
- Haircutting, hairstyling, wigs, artificial hairpieces, or weaving with thread and needle, clamps, or glue
- Arranging, beautifying, shaving, styling, or trimming the beard or moustache
- 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 cosmetology businesses only)
A remote service business must provide the following through their digital network:
- The licensee’s first and last name
- The service provider’s license number, certificate of registration, or permit number
- A photograph of the service provider
- Business website and telephone number
- The department’s website and telephone number, with notice a client may file a complaint against the business or licensee
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. Remote service businesses must maintain records for five years.
Periodic Inspections 82.52
All barbershops, beauty salons, dual shops, mobile shops, mini barbershops/salons, or mini dual shops will be inspected at least once every four years, instead of two. However, specialty shops or salons will continue to be inspected at least once every two years.