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HAIR NEWS & TRENDS
Is Brushing Causes Hair Loss ?
There are many hair myths floating out there some of which are followed religiously by women totally unaware of the validity or invalidity of these myths.
Brushing the hair stimulates the hair follicles to produce more hair. It does cause fiction against the hair and scalp so it is important to do it gently and use a brush of good quality. Just yanking away at the hair causes hair breakage and split ends, rather than actual hair loss. As in anything, not everything about hair care should be believed. Sometimes, what seems like good advice is only a hair care myth. Be informed.
Shampooing Daily Dries the Hair
Some believe that shampooing everyday dries the hair out. This is not true. What could dry the hair out would be the shampoo that is being used, so it is important to choose a shampoo that is suitable for the hair type. Oily hair needs to be washed everyday to get the excess oil out. However, dry hair need not be given the same treatment
Cosmetologists
The Advisory Board on Cosmetology met April 13 in Austin. The agenda is available online. The meeting was archived and is available for viewing via RealPlayer.
TDLR Revokes Cosmetology Licenses - Victorian Beauty College Test Scam Investigation Continues
Purchase the Cosmetology Law and Rule book online
What to Expect During a Cosmetology School Inspection
Texas Department of Licensing and Regulation Statement on “Fish Pedicure” Procedure
Two Receive Administrative Penalties for Test Fraud
Information about FDA Listed Sterilizers
Houston Beauty School Fined a Record $250,000 and Forever Closed
TDLR adopts amendments to existing rules at 16 Texas Administrative Code, Chapter 83, §§83.10, 83.20, 83.22, 83.25, 83.26, 83.29, 83.31, 83.71, 83.78, 83.80, and 83.100, regarding the regulation of cosmetologists
Waxing Services Precautions and Suggestions for Consumers
The Texas Department of Licensing and Regulation (“Department”) proposes amendments to existing rules at 16 Texas Administrative Code (“TAC”), Chapter 83, regarding the regulation of cosmetologists.
Frequently Asked Questions regarding HB2106, New Sterilization Requirements and Cosmetology Salon / School Inspections
Two Beaumont Salons Fined $10,000 For Sanitation Violations
Dallas Salon Fined $9,000 For Sanitation Violations
Beaumont Salon Fined $14,000 For Sanitation Violations
Online license applications and renewals are available now
Manicure And Pedicure Precautions For Consumers
Consumer Tips about Foot Spas
Waxing Services Precautions and Suggestions for Consumers
The Texas Department of Licensing and Regulation (TDLR) requires that a person hold a Cosmetologist Operators License or a Facial Specialty License in order to perform waxing services.
Before you receive waxing services, make sure that:
The salon and the person providing the waxing services are currently licensed by TDLR.
The person performing the waxing services washes their hands prior to performing the waxing services.
The person performing the waxing services cleans the area to be waxed on you prior to performing the waxing services.
The person performing the waxing services uses a new applicator.
The same wax cannot be used on more than one client. There are two ways for a shop/salon to comply with this requirement:
The first and most common way is for the person performing the waxing services to go to a central wax container and prepare a separate and unique container of wax for use on each individual client.
A second method of compliance is acceptable for a shop/salon that may only use one central wax container. In that case, each applicator must be thrown away after it is dipped into the container and applied once to your skin. For example, one applicator must be used for your left eyebrow and thrown away and a new applicator must be used for your right eyebrow.
Ask the person performing the waxing services to make sure that the temperature of the wax is not too hot before it is applied to you.
f you have any doubts about the cleanliness of the shop/salon or their adherence to sanitation requirements for waxing, leave and contact TDLR.
Justification For Cosmetologists Administrative Rule Adoption §§83.10, 83.20, 83.22, 83.25, 83.26, 83.29, 83.31, 83.71, 83.80, and 83.100; and new rule §83.78
The Texas Commission of Licensing and Regulation (“Commission”) adopts amendments to existing rules at 16 Texas Administrative Code, (“TAC”), Chapter 83, §§83.10, 83.20, 83.26, 83.29, 83.31, 83.71, and 83.100 regarding the cosmetologists program as published in the October 26, 2007, issue of the Texas Register (32 TexReg 7625), without changes.
The Commission also adopts amendments to existing rules at 16 TAC, Chapter 83, §§83.22, 83.25, and 83.80; and new rule §83.78 with changes from the rules as published in the October 26, 2007, issue of the Texas Register (32 TexReg 7625). The rule adoption takes effect January 1, 2008.
These rule changes are a second phase of rulemaking necessary to implement House Bill 2106, 80th Legislature, to adjust continuing education requirements, and to make additional clean-up changes in the rules for cosmetologists. The provisions of House Bill 2106 became effective on June 15, 2007 and require the Commission to adopt rules necessary to implement the new legislation by January 1, 2008. Also included are changes to the continuing education requirements for cosmetologists, as recommended by the Advisory Board on Cosmetology, and a reduction in the fee for a revised/duplicate license. These rule changes, with the exception of a clean-up change in §83.100, were recommended by the Advisory Board on Cosmetology at its meeting on September 10, 2007.
In §83.10 the definitions of “beauty culture school” and “cosmetology establishment” are amended to clarify that the Department’s jurisdiction under the cosmetology statute encompasses establishments that are not licensed. The Department has encountered unlicensed cosmetology establishments that, in addition to failing to have a current license, have violated health and safety rules. Defining the above terms to include unlicensed establishments will clarify that an unlicensed cosmetology establishment may be subject to administrative penalties for violating health and safety and other rules applicable to establishments. This is consistent with the Department’s enforcement authority under Chapters 51, 1602, and 1603, Occupations Code.
To implement provisions of House Bill 2106, the definition of “cosmetology establishment” is also amended to include dual shops and mobile shops. Likewise, definitions are added for the terms “dual shop” and “mobile shop,” and the term “self-contained” is added to augment the definition of a mobile shop. The mobile shop definitions are necessary to prescribe that services be performed in an enclosed space where a sanitary environment may be maintained. The requirement that a mobile shop be self-contained is to ensure that a mobile shop will always have access to water and electricity, which are necessary for performing services.
In §83.20(a) and (b) the word “licensed” is inserted to clarify that the cosmetology hours in question must be obtained from a licensed beauty culture school. This change is necessary in light of the amended definition of “beauty culture school” in §83.10, which now includes unlicensed schools. Subsection (c) is amended to recognize that operator or specialty experience required for issuance of an instructor license may be earned in a dual shop.
Section 83.22 is amended to add licensing requirements for dual shops and mobile shops. Consistent with the provisions of House Bill 2106, a dual shop must comply with all statutory and rule requirements that apply to barbershops and beauty shops. Because of the unique characteristics of a mobile shop and the Department’s need to keep track of the location of a mobile shop for the purpose of conducting inspections or investigating complaints, specific requirements are added for mobile shops. A mobile shop must provide the Department with a permanent physical address from which the mobile unit is dispatched and to which the mobile unit is returned when not in use and provide a permanent mailing address where correspondence from the department may be received. Some changes have been made from the proposed version of the rules. The emphasis of these changes is to make the requirements for mobile shops more consistent with the requirements for conventional, fixed-location shops, unless there are unique characteristics of mobile shops that require a different rule. In the view of the Commission and the Department, this is the appropriate level of regulation for mobile shops. Accordingly, §83.22 as adopted removes the requirement for a mobile shop to furnish a detailed floor plan, which fixed-location shops are not required to do. Instead, the mobile shop license applicant would be required to verify that the shop complies with legal requirements. Additionally, the requirement is removed for a mobile shop to be inspected prior to operation. Since an initial inspection before operation is no longer required for fixed-location shops, such an inspection is not deemed necessary for mobile shops.
Section 83.25 is changed from the proposed rule. The proposed amendments to the rule were based upon the Advisory Board on Cosmetology’s review of the continuing education requirements. The Board’s opinion was that the overall number of continuing education hours for operators should be reduced and that the breakdown of hours into various topics should be changed for all license types. The Board’s recommendation, as reflected in the proposed rules, was to reduce the hours required for an operator from 12 to six and the number of Sanitation hours required for operators and specialty instructors from four to two. For each license type, the proposed rules required two hours in cosmetology law and rule topics other than Sanitation. After thorough consideration of the Board’s recommendation and the public comments, the Commission believes that the number of hours for each license type should be reduced to six, and this is reflected in the adopted rule. While the Commission agrees with the Board that six hours, with two hours in Sanitation, is a sufficient requirement for operators, the Commission believes that these changes should apply to all license types. The Commission is particularly concerned that the proposed rules would have lowered the hours for an operator, which is a higher level of licensure in terms of scope of practice, below that of specialty licenses. The Commission agrees with the Board that two hours of cosmetology law and rules for all license types is a needed change and will help the Department in obtaining compliance with the law and rules. The Commission believes that these changes are a logical extension of the proposed rules. Additionally, clean-up changes are made to remove obsolete language.
Section 83.26 is amended to clarify that the license renewal provisions of the rule apply to establishment licenses as well as individual licenses.
Section 83.29 is amended to clarify that the requirements for an establishment that is relocating do not apply to a mobile shop.
Section 83.31 is amended to add dual shops and mobile shops to the list of license types that have a two-year term.
Section 83.71 is amended to add specific responsibilities that apply to dual shops. Dual shops must comply with all statute and rule requirements that apply to barbershops and those that apply to beauty salons. In addition, a dual shop that is without the services of at least one licensed barber (or cosmetologist) for a period of 90 days or more may not place any advertisement or display any sign or symbol indicating that the shop offers barbering (or cosmetology) services and must remove any existing sign or symbol indicating that the shop offers barbering (or cosmetology) services. This provision is added to help ensure that a dual shop is advertising only those services that the shop actually provides.
A new §83.78 is added to establish responsibilities that apply specifically to mobile shops. Generally, a mobile shop must comply with health and safety requirements and all other requirements applicable to beauty salons or specialty salons. As in §83.22, changes are made from the proposed rules to make the requirements more similar to those for fixed-location shops, unless different requirements are needed to address the unique circumstances of mobile shops. A mobile shop must maintain a physical address and must notify the Department within 10 days of any change in physical or mailing address. A mobile shop must maintain certain records for one year. In a change from the proposed rule, the shop needs to maintain records of itineraries only if the shop elects to furnish itineraries to the Department under subsection (d). To facilitate unannounced inspections by the Department, a mobile shop must choose one of two options for enabling the Department to track the shop’s location. The mobile shop may have a Global Positioning System (GPS) tracking device that enables the Department to track the shop over the Internet, or the mobile shop may submit weekly itineraries to the Department. Specific requirements are included for the equipment and use of a mobile shop. Finally, the provision of the proposed rule is removed that would have required a mobile shop to be subject to periodic inspections at least four times each year. Mobile shops, like other shops, will be subject to the general rule of periodic inspection at least once every two years and to risk-based inspections.
Section 83.80 is amended to clarify that the application and renewal fees apply to public as well as private beauty culture schools. Based on the Department’s annual fee review, the Commission voted at its meeting on September 21, 2007, to reduce the fee for a revised/duplicate license from $53 to $25. The amended rule includes this change. This change will bring the fee in line with similar fees in other Department programs. In a change from the proposed rules, the initial and renewal fees for a mobile shop have been reduced to $106 and $69 respectively, which are the same amount as the initial and renewal fees for a beauty salon. Because the provisions for additional inspections of mobile shops have been removed, the Department’s costs in regulating mobile shops will not be significantly higher than those for fixed-location shops. The fee for initial inspections of mobile shops has been removed since the Department will not be conducting such inspections. The wording of the risk-based inspection fee provision is changed to ensure that all types of establishment licenses are included. Finally, a provision is added to clarify that fees are generally nonrefundable.
Section 83.100 is amended to include certain statutory language in the definition of “sterilize” or “sterilization.” The rule now includes the requirement, as stated in §1603.352, Occupations Code, that a sterilizer used to sterilize instruments in nail services must be listed with the United States Food and Drug Administration.
TDLR News
- Study of nonconsent towing fees in Texas (780kb PDF)
- The Texas Commission of Licensing and Regulation readopts 16 Texas Administrative Code, Chapter 59, Continuing Education
- TDLR Revokes Three Electrical Licenses - Three Additional Licensees Receive Administrative Penalties for Unlicensed Activity
- Requirements in accordance with Texas Government Code, §2001.039
- TDLR Issues Thirty-six Electrical Cease and Desist Orders
- Texas Department of Licensing and Regulation Statement on “Fish Pedicure” Procedure
- Information on Boiler Stacks and Chimneys and on Recovering Boiler Systems After a Flood
- Barber Law and Rule books and Cosmetology Law and Rule books can now be purchased online
- TDLR's 2009 - 2013 Strategic Plan is available online
- TDLR's 2010-2011 Legislative Appropriations Request (12MB PDF) is available online
- Discount Health Care included in Federal Trade Commission telemarking fraud consumer alert
- FTC files civil action against Discount Health Care companies (456kb PDF)
- Online applications for Registered ACR Technician and Certified ACR Technician are now available
- Texas Attorney General Takes Action Against Company Marketing Misleading Discount Health Card Plans
- Well Driller and Pump Installer Exams Offered In Spanish
- Manicure And Pedicure Precautions For Consumers
Sitemap of online cosmetology classes for Texas
Cosmetologists
Statement from TDLR about applying false eyelashes, eyelash tabbing and eyelash extensions and whether a person must hold a cosmetology license in order to perform these procedures
The Advisory Board on Cosmetology met April 13 in Austin. The agenda is available online. The meeting was archived and is available for viewing via RealPlayer.
TDLR Revokes Cosmetology Licenses - Victorian Beauty College Test Scam Investigation Continues
Purchase the Cosmetology Law and Rule book online
What to Expect During a Cosmetology School Inspection
Texas Department of Licensing and Regulation Statement on “Fish Pedicure” Procedure
Information about FDA Listed Sterilizers
Houston Beauty School Fined a Record $250,000 and Forever Closed
Waxing Services Precautions and Suggestions for Consumers
Frequently Asked Questions regarding Sterilization Requirements and Cosmetology Salon / School Inspections
Online license applications and renewals are available now
Manicure And Pedicure Precautions For Consumers
Consumer Tips about Foot Spas
Statement from TDLR about applying false eyelashes, eyelash tabbing and eyelash extensions and whether a person must hold a cosmetology license in order to perform these procedures
The Texas Department of Licensing and Regulation received several inquiries about applying false eyelashes, eyelash tabbing and eyelash extensions and whether a person must hold a cosmetology license in order to perform these procedures.
TDLR concludes that all of these procedures require a cosmetology license if a person accepts compensation for the service.
Section 1602.002(7) of the Occupations Code defines cosmetology as “beautifying a person’s face, neck, or arms using a cosmetic preparation, antiseptic, tonic, lotion, powder, oil, clay, cream or appliance”. The Department interprets the terms “cosmetic preparation” and “appliance” to include false eyelashes. Based upon this interpretation, only licensed operators, instructors, facial instructors and facial specialists may perform the attachment of false eyelashes, eyelash tabbing and eyelash extensions. Eyelash tabbing may also be performed by wig specialists.
Waxing Services Precautions and Suggestions for Consumers
The Texas Department of Licensing and Regulation (TDLR) requires that a person hold a Cosmetologist Operators License or a Facial Specialty License in order to perform waxing services.
Before you receive waxing services, make sure that:
The salon and the person providing the waxing services are currently licensed by TDLR.
The person performing the waxing services washes their hands prior to performing the waxing services.
The person performing the waxing services cleans the area to be waxed on you prior to performing the waxing services.
The person performing the waxing services uses a new applicator.
The same wax cannot be used on more than one client. There are two ways for a shop/salon to comply with this requirement:
The first and most common way is for the person performing the waxing services to go to a central wax container and prepare a separate and unique container of wax for use on each individual client.
A second method of compliance is acceptable for a shop/salon that may only use one central wax container. In that case, each applicator must be thrown away after it is dipped into the container and applied once to your skin. For example, one applicator must be used for your left eyebrow and thrown away and a new applicator must be used for your right eyebrow.
Ask the person performing the waxing services to make sure that the temperature of the wax is not too hot before it is applied to you.
f you have any doubts about the cleanliness of the shop/salon or their adherence to sanitation requirements for waxing, leave and contact TDLR.
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 or manicure.
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.