(a) A person or entity licensed under this chapter
may not operate a remote service business without first:
(1) providing, in a manner prescribed by the department,
notice of the licensee's intent to operate a remote service business;
(2) providing a permanent mailing address for the remote
service business; and
(3) verifying that the remote service business complies
with the requirements of the Act and this chapter.
(b) Only licensed practitioners may perform digitally
prearranged remote services.
(c) A remote service business must comply with the
requirements of the Act, this chapter, and all health and safety requirements,
as applicable.
(d) A remote service business may not offer a barbering
or cosmetology service that requires treating or removing a person's
hair by:
(1) coloring;
(2) processing;
(3) bleaching;
(4) dyeing;
(5) tinting; or
(6) using a cosmetic preparation.
(e) A remote service business may offer only the following
barbering or cosmetology services:
(1) haircutting, hairstyling, or weaving a person's
hair by thread and needle or attaching by clamps or glue;
(2) arranging, beautifying, shaving, styling, or trimming
a person's mustache or beard;
(3) beautifying a person's face, neck, or arms using
antiseptic, tonic, lotion, powder, oil, clay, or cream;
(4) removing superfluous hair on the face using tweezers;
(5) massaging, cleansing, and treating a person's hands
or feet for polish change manicures and pedicures, and non-whirlpool
foot basin pedicures only; and
(6) applying semi-permanent, thread-like extensions
composed of single fibers to a person's eyelashes.
(f) A remote service business may not offer portable
whirlpool foot spa pedicures.
(g) A licensed practitioner performing digitally prearranged
remote services must practice within the scope of the practitioner's
license and may only provide the services specifically authorized
by this section.
(h) A remote service business must provide through
the entity's digital network prior to any digitally prearranged remote
service being performed:
(1) the following information regarding the practitioner
who will perform the service:
(A) the person's first and last name;
(B) the person's license number; and
(C) a photograph of the person who will be performing
the remote services;
(2) the following information regarding the business:
(A) internet website address; and
(B) telephone number; and
(3) the department's internet website address and telephone
number and notice that the client may contact the department to file
a complaint against the remote service business or practitioner performing
the service.
(i) A remote service business must maintain records
and information showing compliance with this chapter and the Act until
at least the fifth anniversary of the date the record was generated.
(j) A practitioner who provides digitally prearranged
remote services is responsible for the services provided.
(k) A remote service business must terminate a practitioner's
access to the business's digital network if the remote service business
or department determine there has been a violation of:
(1) this chapter; or
(2) the Act.
(l) Before a practitioner provides a digitally prearranged
remote service, the remote service business and the practitioner must
ensure that all implements and supplies have been cleaned, disinfected,
and sanitized or sterilized with department-approved disinfectants
and in accordance with the requirements of the Act and this chapter.
(m) A remote service business and a practitioner performing
remote services must ensure compliance with all safety and sanitation
requirements related to the digitally prearranged remote services
being provided and in accordance with the Act and this chapter.
(n) A remote service business must maintain accurate
records and information showing compliance with this chapter and the
Act and must make these records available to the department upon request.
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