Texas Proposes New Cosmetology, Barber Rules

The Texas Department for Licensing and Regulation (TDLR) has proposed cosmetology and barber rules (https://www.sos.texas.gov/texreg/archive/September232022/Proposed%20Rule...) as a necessary step to implement the new requirements outlined in House Bill 1560 (HB 1560), which was signed into law in June.

HB 1560 combines barbering and cosmetology under one regulatory board, which covers individual license types, establishments, and schools. The bill and proposed rules:

Eliminate instructor and wig-related licenses
Eliminate barber pole regulation
Modify curriculum requirements
Suggest a 1,000-hour curriculum for barber and cosmetology students; under this model, barber and cosmetology students will be taught together for 700 hours and separately for 300 hours for training in their specialty scope of practice
Clarify theory-required curriculum hours for each license type
Increase the number of hours that can be obtained through field trips

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 October 24, 2022. The final rules have a target effective date of January 1, 2023. For more information, go to TDLR’s webpage. ASCP and AHP have summarized the proposed rules for you below.

Transition Provisions (Section 83.2)
Due to HB 1560, the proposed rules were drafted to blend the barber and cosmetology administrative codes. There will be a transition period, and this section outlines deadlines and processes as barbering and cosmetology laws become consolidated.

All licensees can continue performing their current services within their scope of practice until their current certificates expire or replacement licenses are issued.
Before September 1, 2023, barber and beauty culture schools can apply for approval by TDLR to provide barbering and cosmetology instruction. On or after September 1, 2023, all schools must apply for approval to provide instruction in barbering or cosmetology services.
Barbershop and beauty shop licensees can continue to offer services and are eligible for a full-service establishment license now.
Dual shop licensees can continue to offer services and are eligible for a full-service license now.
Hair weaving specialty shops can continue to offer services and are eligible for hair weaving specialty establishment licenses now.
Mini or mobile licensees can continue to offer services and are eligible for a mini- or mobile establishment license now.

Definitions (Section 82.10)
The proposed rules create the following definitions:

Establishments—places where barbering or cosmetology is practiced, including mini- and mobile establishments, but does not include public or private schools.

Hair Weaving Specialist/Esthetician—individuals who hold both licenses. These practitioners may also be known as “esthetician/hair weaving specialist.”

Practitioners—licensees of all barbering or cosmetology services.

Specialty establishments—where barber or cosmetology specialties are offered. These establishments can only perform services for which they are licensed. This definition replaces specialty salon or shop in the current rules.

The rules remove the definition of wig specialist because that license category was deleted in HB 1560. The rules also define private schools and public schools, and later define schools as including private and public schools.

License Requirements before Sept 1, 2023 (Section 83.20)
Currently, an individual can apply for licensure if they have 1,000 hours of instruction and 500 hours of related high school, vocational, or career and technical program education in public schools. The proposed rules would allow license applicants to obtain a license before September 1, 2023, with 1,000 hours in a beauty culture school or 300 hours in a school and hold an active Class A Barber certificate.

The proposed rules maintain the 1,200-hour requirement for esthetician/manicure specialty instruction until August 1, 2023. After August 1, 2023, the required amount of esthetician/manicure instruction hours will decrease to 800.

The rules delete the instructor and wig specialty licenses and all requirements for both license categories.

License Requirements—Examinations (Section 83.21)
The proposed rules would allow students enrolled in a 1,000-hour program to take the written examination after 900 hours. The rules delete the reference to 900 “operator” hours. The rules would require any passing grade on the exam; removing the passing grade “of 70.”

License Requirements—Establishments (Section 83.2)
This section applies to all establishments.

The proposed rules list the following additional requirements for establishment licensure. Individuals with an establishment license must:

Own or rent the establishment, and
Not have committed an act that constitutes grounds for denial of a license

In addition to the license requirements, establishments must meet health and safety standards.

Beauty salon, specialty salon, dual shop, mobile shop, mini-salon, or mini-dual shop licenses were all repealed due to HB 1560. New categories of establishment licenses are: full-service establishments, mini-establishments, mobile establishments, remote service business, and specialty establishments.

License Requirements—Schools (Section 83.23)
In addition to the current school license requirements, the proposed rules require schools applying for a license to also:

Obtain a copy of the current law and rules book
Comply with the requirements of the act and regulations
Submit an application on a form approved by TDLR
Pay applicable fees
Meet the health and safety standards

Private schools would be required to provide a current financial statement prepared by a CPA. If the financial statement is more than 180 days old, the school must provide a supplemental financial statement within 180 days of the application. The school must prove that it has financial resources to ensure the continuity of the program and can fulfill its obligations to students for at least 12 months without relying on tuition.

The proposed rules remove the requirement of “drinking fountain facilities” and replace this language with “adequate drinking water.”

Beauty schools must have adequate space for classroom training, including classroom and lab space. The proposed rules remove the requirements of an office and dispensary.

License Requirements—Continuing Education (Section 83.25)
At least four hours of continuing education (CE) will continue to be required for renewal. CE providers must offer material dedicated to one of the following topics:

Sanitation
The topics listed in the curriculum standards
Mental health awareness, which may include topics on mental health, mental illness, suicide prevention, and opportunities to provide clients referrals or other assistance
Human trafficking prevention

Licensees who have held a license for at least 15 years have different CE requirements:

For renewals before September 1, 2025: one hour of sanitation
For renewals on or after September 1, 2025: one hour of sanitation and one hour of human trafficking prevention

Barber licenses are exempt from CE requirements until September 1, 2025. Beginning September 1, 2025, barbers will need to have four hours of CE. For those who have practiced longer than 15 years, they will need one hour of sanitation and human trafficking.

Substantial Equivalence (Section 83.28)
In the current rules, this section is referred to as “Licensure by Endorsement.” The proposed rules change the title and amend some aspects of the process.

After September 1, 2023, applicants must be at least 17 years old.
Currently, TDLR must approve or deny a provisional license 180 days after issuance of the provisional license. The proposed rules state that TDLR may extend that 180-day period if exam results have not been received by TDLR.
Individuals applying through substantial equivalence who do not meet the required hours of education may substitute work experience of 25 hours per month up to a maximum of 300 hours, or the applicant must complete the balance of hours at a Texas-approved school.

Establishment or School Relocation (Section 83.29)
The proposed rules state that if a school relocates, it must submit a change of location application, be inspected, and meet the requirements of the act and regulations before operating. Establishments and schools must apply for new licenses within 30 days after a change in ownership.

Licenses—License Terms (Section 83.31)
The proposed rules would allow a two-year licensing term for practitioner and establishment licenses. Schools would have to renew their licenses annually. Student permits would not expire.

School Tuition Protection Account (Section 83.40)
Each year in which the balance of the school tuition account is less than $225,000 (increased from $200,000), TDLR will determine the fee that must be paid by all schools.

Inspections—General (Section 83.50)
The proposed rules would require, upon request, an establishment owner, manager, or representative to present a list of all independent contractors and mini-establishment licenses that work in the establishment.

Establishment or school owners, managers, employees, contractors, and/or representatives must cooperate with inspectors.

Barbering and Cosmetology Advisory Board (Section 83.65)
Since HB 1560 combined barbering and cosmetology, there will now be one board—the Barbering and Cosmetology Advisory Board (Board). The Board will advise TDLR on education and curricula for applicants, the content of examinations, proposed rules, and standards on technical issues related to barbering and cosmetology and other issues affecting barbering and cosmetology. This section of HB 1560 describes the composition of the Board, which will consist of nine people:

Four members must be license holders—at least one must be a Class A Barber and another a Cosmetologist
Two members must hold establishment licenses
Two members must hold school licenses
One public member
The Board members will serve staggered six-year terms.

Responsibilities of Individual Practitioners (Section 83.70)
The proposed rules would allow a digitally displayed photo and license. The photo must not obscure any information on the license or permit.

Responsibilities of Establishments (Section 83.71)
The proposed rules outline establishment requirements and modifications.

An establishment may lease space to a mini-establishment. The lessor must maintain a list of all mini-establishment license numbers and expiration dates.
The mini-establishment license holder must maintain the name, license number, and expiration date of each person working in the mini-establishment.
There is a modification to establishment requirements: The sink with hot and cold running water must be in areas where services are performed.
In addition to the existing requirements, full-service establishments and mini-establishments must provide at least one shampoo bowl if they provide shampooing or color services.
Establishments that provide eyelash extension services must have at least one mirror.
Establishments that provide hair weaving services must have a chair dryer or handheld dryer.
All establishments must ensure that individuals performing barbering or cosmetology services remain current and actively licensed. An establishment may not allow an unlicensed individual to perform or offer to perform any barbering or cosmetology services.
An establishment may not perform or offer to perform services outside the scope of the establishment license.
An individual may not operate an establishment or school on the same premises at the same time as another establishment or school unless the facilities are separated by permanent walls without an opening between facilities. This does not apply to mini- or mobile establishments.
Each establishment must display a copy of the law and rules book. They may meet this requirement by having it accessible to all practitioners who work in the establishment.

Responsibilities of Schools (Section 83.72)
The proposed rules delete the requirement that a school may not enroll more than three student instructors for each licensed instructor. Student instructors were repealed by HB 1560 and no longer exist.

The proposed rules amend other instructor requirements and require an instructor to be physically present during all practical curriculum activities, and physically present or participating through distance education for theory curriculum standard activities.

Regarding the equipment in classrooms, the proposed rules delete the requirement of a dispensary and require only a sink with running water.

For each student, the proposed rules would require equipment that is sufficient, in good working condition, and of adequate design to permit effective instruction to allow the student to perform services associated with the curriculum.

Schools must display signs that read “SCHOOL—STUDENT PRACTITIONERS” in at least 10-inch block letters, visible from the outside of each client entrance to the licensed school facility.

A school cannot award, and a student may not earn, more than 184 hours or equivalent credit hours per calendar month.

Each school must display the law and rules book. This requirement may be met by having the book be accessible to all students and staff who work in the school.

Remote Service Business Responsibilities (Section 83.77)
The proposed rules state that a person or entity cannot operate a remote service business without first providing notice of the licensee’s intent to operate such a business along with a permanent mailing address for the business. In addition, they must verify that the remote service business complies with the requirement of the act and regulations.

Health and Safety Standards (Section 83.102)
The proposed rules add the requirement that a container large enough to fully immerse all tools and implements with liquid disinfectant must be used to disinfect combs, brushes, scissors, or other equipment.

Health and Safety Standards for Foot Spas, Foot Basins, and Spa Liners (Section 83.108)
The proposed rules clarify that when cleaning spa basins, the basins must be filled completely with a high-level disinfection chlorine bleach solution.

Health and Safety Standards for Hair Weaving Services (Section 83.110)
Proposed rules state that needles, combs, and hair clips must be sprayed with disinfectant before use.

License Requirements on or after September 1, 2023 (83.200)
To obtain a license after September 1, 2023, applicants must:

Submit a completed application and the applicable fee
Be at least 17 years old
Have completed the required hours of instruction at a licensed school
Pass a written and practical exam
Not have committed an act that constitutes grounds for denial

People who have an active esthetician license and an active manicurist license are eligible for the esthetician/manicurist specialty license.

People who have both an active hair weaving specialist license and an active esthetician license are eligible for a hair weaving specialist/esthetician license.

Student Permits: Students must submit the application and pay the fee.

Fees on or after September 1, 2023 (Section 83.201)

In the proposed rules, many fees remain the same as the current ones. If there is no change, they are not listed below.

Application Fees:

Full-Service, Specialty, or Mobile Establishment License: $78 (currently $106)
Mini-Establishment License: $70 (currently $60)
School License: $380 (currently $300)

Renewal Fees:

Full-Service, Specialty, or Mobile Establishment License: $78 (currently $69)
Mini-Establishment License: $70 (currently $60)
School License: $280 (currently $200)

Law and rules book: $14—this fee is included in the application and renewal fees for students, individuals, schools, and establishment licenses and permits.

Instructor fees were removed.

Technical Requirements—Curriculum Standards on or after August 1, 2023 (Section 83.202)
Due to HB 1560 merging barbering and cosmetology, new license categories were created. The proposed rules outline the suggested curriculum for the following license types. The proposed curricula expand on current curricula. The new mandated curriculum standards take effect August 1, 2023, in time for fall semester.

Cosmetology and a Class A Barber curricula consist of 1,000 hours, as follows:

Theory—250 hours
Anatomy and physiology
Disorders of the skin, scalp, hair, and nails
Chemistry (haircoloring, chemical waving, and relaxing)
Bacteriology, sterilization, sanitation, health, safety, first aid, and laws and rules
Tools and equipment
Hair care and related theory
Business skills and establishment management

Practice—450 hours

Haircutting
Hairstyling
Hair and scalp treatments and scalp massage
Hair weaving, extensions, chemical textures, and applications
Face and neck massage and treatments
Facial hair removal
Manicuring
Chemistry (haircoloring, chemical waving, and relaxing)
Waxing and removing body hair
Safety, first aid, and sanitation
Customer services and professional ethics

Standards for Operator Curriculum (must include specialty practice)—300 hours

Eyelash semi-permanent extensions
Advanced hair care and advanced chemical services
Related practices

Standards for a Class A Barber Curriculum (must include specialty practice)—300 hours

Shaving with any razor type and razor techniques
Mustache and beard care
Advanced hair care and men’s haircutting
Related practices

Class A Barber to Cosmetology Operator Curriculum—300 hours

Theory—75 hours

Anatomy and physiology
Eye shapes
Client protection and adverse reactions
Advanced hair care and advanced chemical services
Health, safety, and related theory
Sanitation and laws and rules

Specialty Practice—225 hours

Eyelash extension application, isolation, and separation
Advanced hair care and advanced chemical services
Related practices

Cosmetology Operator to Class A Barber Curriculum—300 hours

Theory—75 hours

Barber history
Anatomy and physiology
Instruments
Razors
Beard and mustache design
Health, safety, and related theory
Sanitation and laws and rules

Specialty Practice—225 hours

Shaving with any razor type and razor techniques
Mustache and beard care
Advanced hair care and men’s haircutting
Related practices

Specialist Curricula

Estheticians—750 hours

Theory—188 hours

Anatomy and physiology
Machines and related equipment
Basic facials
Chemistry
Care of client
Superfluous hair removal and related theory
Sanitation, and health and safety
Laws and rules
Business management

Practice—262 hours

Facial treatments, cleansing, masking, and therapy
Chemistry machines and related equipment
Superfluous hair removal
Sanitation, first aid, and health and safety

Specialty Practice—300 hours

Advanced facial treatments and superfluous hair removal using devices or preparations
Makeup
Semi-permanent eyelash extension applications
Related practices

Manicurist Curriculum—600 hours

Theory—150 hours

Anatomy and physiology
Nail structure and growth
Equipment and implements
Bacteriology, sanitation, and safety
Hazardous chemicals and ventilation
Basic manicures and pedicures
Business management
Laws and rules

Practice—150 hours

Repair work, massage, and buffing and application of polish and artificial nails
Cosmetic fingernails, extensions, sculptured nails, tips, wraps, fiberglass/gels, and odorless products

Specialty Practice—300 hours

Professional practices
Advanced manicuring and pedicuring
Advanced techniques, preparations, and applications

Manicurist/Esthetician Curriculum—800 hours

Theory—200 hours

Anatomy and physiology
Machines and related equipment
Chemistry
Care of client
Basic facials
Superfluous air removal and related theory
Nail structure and growth
Equipment and implements
Hazardous chemicals and ventilation
Basic manicures and pedicures
Business management
Bacteriology, sanitation, and health and safety
Laws and rules

Specialty Manicure Practice—300 hours

Repair work, massage, and buffing and application of polish and artificial nails
Cosmetic fingernails, extensions, sculptured nails, tips, wraps, fiberglass/gels, and odorless products
Professional practices, techniques, and preparations
Sanitation, first aid, and health and safety

Specialty Esthetician Practice—300 hours

Facial treatments, cleansing, masking, and therapy
Chemistry machines and related equipment
Superfluous hair removal
Devices or preparations
Makeup
Semi-permanent eyelash extension applications
Sanitation, first aid, and health and safety

Eyelash Extension Specialist—320 hours

Theory—80 hours

Eye shapes and eyelash growth
Supplies and related equipment
Contagious diseases and adverse reactions
Sanitation, first aid, and health and safety
Client protection
Business management
Laws and rules

Specialty Practice—240 hours

Semi-permanent eyelash extension isolation, separation, and application

Hair Weaving Specialist Curriculum—300 hours

Theory—75 hours

Basic hair weaving
Anatomy and physiology
Scalp and skin conditions, lesions, and diseases
Structure and composition
Sterilization methods
Chemistry and client protection
Sanitation, and health and safety
Business management and laws and rules

Specialty Practice—225 hours

Hair weaving, repair, weft removal, sizing, and finishing
Procedures and hair weaving/braiding skills
Compounds, mixtures, and cosmetic applications
Equipment supplies and preparations

Hair Weaving Specialist/Esthetician Curriculum—700 hours

Theory – 175 hours

Anatomy and physiology
Scalp and skin conditions, lesions, and diseases
Structure and composition
Basic hair weaving
Sterilization methods
Chemistry and client protection
Basic facials
Machines and related equipment
Chemistry
Care of client
Superfluous hair removal and related theory

Specialty Hair Weaving Practice—225 hours

Hair weaving, repair, weft removal, sizing, and finishing
Procedures and hair weaving/braiding skills
Compounds, mixtures, and cosmetic applications
Equipment, supplies, and preparations

Specialty Esthetician Practice—300 hours

Facial treatments, cleansing, masking, and therapy
Chemistry machines and related equipment
Superfluous hair removal
Devices or preparations
Makeup
Semi-permanent eyelash extension applications
Sanitation, first aid, and health and safety

Distance Education (Section 83.202)
The proposed rules mostly maintain the current distance education requirements. Changes are noted below:

A student may obtain the following distance education hours:
A maximum of 250 hours of the 1,000-hour Cosmetology Operator or Class A Barber course
A maximum of 75 hours of the 300-hour Class A Barber to Cosmetology Operator or Cosmetology Operator to Class A Barber course
A maximum of 175 hours of the 700-hour Hair Weaving Specialist/Esthetician course

Instructor distance learning requirements were deleted

Field Trips (Section 83.202)
The proposed rules increase the number of field trip hours that a student can use toward their license:

A maximum of 100 hours for the Cosmetology Operator or Class A Barber course
A maximum of 60 hours for the Manicurist course
A maximum of 75 hours for the Esthetician course
A maximum of 80 hours for the Esthetician/Manicurist course
A maximum of 32 hours for the Eyelash Extension Specialist course
A maximum of 30 hours for the Hair Weaving Specialist course
A maximum of 70 hours for the Hair Weaving Specialist/Esthetician course

The field trips for instructor courses were deleted.

Transferring Hours (Section 83.202)
TDLR may allow students previously enrolled in a 1,200-hour Manicurist/Esthetician program to transfer completed hours to an 800-hour Manicurist/Esthetician program if the hours meet the required technical standards. Upon request of a student, a school must apply completed hours toward the 800-hour program or allow the student to transfer.