Texas Proposes Inspection Rules Affecting Estheticians, Cosmetologists

The Texas Department of Licensing and Regulation (TDLR) published proposed rules in the Texas Register (page 39) that affect inspection processes for barbers, cosmetologists, and massage therapists.

If you would like to submit written comments to TDLR in support of, or in opposition to, the proposed rules, submit your commentary electronically on TDLR’s website before November 13, 2022. ASCP has summarized the proposed rules below.

Inspection Procedures (§60.221)
The proposed rules would allow TDLR to conduct inspections with or without prior notice to ensure compliance or due to a complaint. ASCP has concerns with this rule—should a professional be performing a service that requires privacy, the professional should have the option to reschedule under these circumstances.

The proposed rules would have inspections performed during normal operating hours. TDLR could use alternative inspection methods, such as videoconference, instead of conducting an in-person inspection. License holders, applicants, or business representatives will be given inspection results in writing after an inspection is complete. If violations were observed during an inspection, an inspection report will list:

1. The violations
2. The required corrective actions
3. The time allotted to complete each corrective action

Corrective actions must be completed, and proof must be provided. TDLR may consider administrative penalties, sanctions, or both against a license holder who fails to complete required corrective actions or fails to provide proof.
 

Cooperation with Inspections (§60.222)
License holders, applicants, or other persons must cooperate during an inspection conducted by an authorized inspector. Records, notices, and other documents requested by the inspector must be made available. It is prohibited for license holders, applicants, or other persons to:

1. Avoid, refuse to permit, or fail to cooperate during an inspection
2. Interfere with an inspection
3. Threaten or intimidate an inspector or other TDLR representative in connection with an inspection

Comment deadline: November 13, 2022