The following words and terms, when used in this chapter, shall
have the following meanings, unless the context clearly indicates
otherwise.
(1) Act--Texas Radiation Control Act, Health and Safety
Code, Chapter 401.
(2) Adverse event--Any death or serious injury, as
that term is defined in Title 21, CFR, §803.3, to a client or
employee of a LHR facility that is a result of use, misuse, or failure
of LHR devices or LHR safety equipment.
(3) Advertising--All representations disseminated in
any manner or by any means for the purpose of inducing, or that are
likely to induce, directly or indirectly, the purchase of laser hair
removal services.
(4) Applicant--A person seeking a certificate of LHR
registration or individual LHR certificate, issued in accordance with
the provisions of the Act and the requirements in this chapter.
(5) Certificate of LHR registration--A form of permission
given by the department to a LHR facility applicant who has met the
requirements for LHR registration certification. For purposes of this
chapter, "certificate of LHR registration" is an equivalent term for
"facility license" as specified in Health and Safety Code, §401.510.
(6) Certified individual--Any individual issued an
individual LHR certificate by the department.
(7) Commission--The Texas Commission on Licensing and
Regulation.
(8) Consulting physician--A physician who has a contract
with a LHR facility.
(9) Contract--A written legal document between a consulting
physician and the operator of a LHR facility.
(10) Customer--For purposes of this chapter, "client'
is an equivalent term for "customer".
(11) Department--The Texas Department of Licensing
and Regulation.
(12) Direct supervision--Direct observation by a senior
LHR technician or a LHR professional of LHR procedures performed by
a LHR apprentice-in-training. Direct supervision shall include the
following:
(A) the physical presence of senior LHR technician
or LHR professional at the LHR facility;
(B) the availability of the senior LHR technician or
LHR professional to give immediate assistance if required; and
(C) the direct observation by the senior LHR technician
or LHR professional of LHR procedures performed by a LHR apprentice-in-training.
(13) Executive Director--The executive director of
the department.
(14) Individual LHR certificate-- An individual who
has met the requirements for individual LHR certification. The term
includes certificates issued by the department for a LHR professional,
a senior LHR technician, a LHR technician, and a LHR apprentice-in-training.
(15) Laser hair removal (LHR)--The use of a laser or
pulsed light device for nonablative hair removal procedures. For purposes
of this chapter, "laser hair reduction" is an equivalent term.
(16) Laser hair removal facility--A business location
that provides laser hair removal.
(17) Laser hair removal procedure--The removal of hair
from one of the four body areas specified below, conducted during
the same or separate appointment. Each area is considered one procedure,
regardless of how many individual body parts are treated within that
area:
(A) head and neck;
(B) upper extremities, to include hands, arms (including
armpits), and shoulders;
(C) torso, to include front and back (including pelvic
region and buttocks); or
(D) lower extremities, to include legs and feet.
(18) Laser or pulsed light device--A device approved
by the FDA for laser hair removal or reduction. For purposes of this
chapter, "LHR device" is an equivalent term.
(19) Laser safety officer (LSO)--An individual who
has knowledge of and the authority and responsibility to apply appropriate
laser radiation protection rules, standards, and practices, and who
shall be specifically authorized on a certificate of LHR registration.
(20) Licensed health professional--An individual licensed
in accordance with Occupations Code, Title 3.
(21) Living quarters--Any area used as a place of abode
with provisions for sleeping, cooking, and sanitation.
(22) Mobile LHR facility--A business location self-contained
within a vehicle that provides LHR procedures within the vehicle and
meets all the requirements of this section.
(23) Nonablative hair removal procedure--A hair removal
procedure using a LHR device that does not remove the epidermis.
(24) Operator--The owner of a LHR facility, an agent
of an owner, or an independent contractor of a LHR facility.
(25) Person--Any individual, corporation, partnership,
firm, association, trust, estate, public or private institution, group,
agency, local government, any other state or political subdivision
or agency thereof, or any other legal entity, and any legal successor,
representative, agent, or agency of the foregoing.
(26) Physician--An individual who meets the definition
in Texas Occupations Code, Title 3, Subtitle B, Chapter 151.
(27) Registrant--Any facility issued a certificate
of LHR registration by the department. For purposes of this chapter,
"certificate of LHR registration" is an equivalent term for "facility
license" as specified in Health and Safety Code, §401.510.
(28) Supervision--The physical presence of a senior
LHR technician or LHR professional at the LHR facility.
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