(a) To be granted a license through substantial equivalence,
an applicant must:
(1) submit a completed application in the manner prescribed
by the department;
(2) furnish a certified transcript of hours from the
state board, territory, or foreign country from which the applicant
is applying;
(3) provide one of the following:
(A) if an applicant is from another state of the United
States, provide documentation that licensure in another state was
obtained by standards substantially equivalent to those of Texas;
or
(B) if an applicant is from a territory or foreign
country, provide documents verified by the department or a certified
credentialing agency confirming that licensure in the territory or
foreign country was obtained by standards substantially equivalent
to those of Texas;
(4) furnish an active and valid license or certificate
to indicate that the applicant is licensed in good standing in another
jurisdiction or foreign country;
(5) pay the substantial equivalence fee and applicable
license application fee required under §83.80; and
(6) for applications on or after September 1, 2023,
be at least 17 years of age.
(b) A person who cannot provide documentation of standards
equivalent to those in Texas must pass the applicable written and
practical examination for the license.
(c) A person issued a license through substantial equivalence
may perform those acts of barbering and cosmetology authorized by
the license.
(d) The department may waive any license requirement
for an applicant who holds a license from another state or country
that has license requirements substantially equivalent to those of
Texas.
(e) The department may issue a provisional license
to applicants currently licensed in another jurisdiction who file
an application for a Texas license by substantial equivalence.
(f) To be eligible for a provisional license, an applicant
must:
(1) file a completed application, in the manner prescribed
by the department, for a Texas barbering or cosmetology license by
substantial equivalence;
(2) provide information sufficient for the department
to verify the applicant's licensure in good standing for at least
two years in the license type for which the person seeks the license;
and
(3) have been licensed in a jurisdiction or foreign
country in which the requirements for obtaining the same license are
substantially equivalent to the requirements under the Act, including
passage of a national examination or other examination recognized
by the department relating to the practice of the profession.
(g) A person issued a provisional license may perform
those acts of barbering or cosmetology authorized by the provisional
license pending the department's approval or denial of an applicant's
license by substantial equivalence.
(h) A provisional license is valid until the date the
department approves or denies the application for licensure by substantial
equivalence. The department must approve or deny a provisional license
holder's application for a license by substantial equivalence not
later than the 180th day after the date the provisional license is
issued. The department may extend the 180-day period if the results
of an examination have not been received by the department before
the end of that period.
(i) The department will issue a license by substantial
equivalence to the provisional license holder if the person is eligible
to hold a license under the Act.
(j) An applicant for licensure by substantial equivalence
is eligible for a provisional license only once. A person who is denied
licensure by substantial equivalence and subsequently reapplies for
licensure by substantial equivalence is not eligible to obtain additional
provisional licenses to practice barbering or cosmetology in Texas.
(k) If an applicant for a class A barber or operator
license has not completed the hours required under this chapter or
Chapter 82, documented work experience, performed in the jurisdiction
in which the person is licensed, may be substituted at the rate of
25 hours per month worked, up to a maximum of 300 hours, or the applicant
must complete the balance of hours required in an approved Texas school.
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Source Note: The provisions of this §83.28 adopted to be effective December 8, 2005, 30 TexReg 8082; amended to be effective March 1, 2006, 31 TexReg 1280; amended to be effective January 1, 2014, 38 TexReg 9520; amended to be effective March 15, 2020, 45 TexReg 1693; amended to be effective January 1, 2023, 47 TxReg 8640 |