| (a) To be granted a license through substantial equivalence
or endorsement, an applicant must:
(1) submit a completed application on a department-approved
form;
(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; and
(5) pay the substantial equivalence fee and applicable
license application fee required under §83.80.
(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
or endorsement may perform those acts of cosmetology authorized by
the license.
(d) The department may waive any license requirement,
except for an operator license, 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 cosmetology license by substantial equivalence.
(f) To be eligible for a provisional license, an applicant
must:
(1) file a completed application for a Texas 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 certificate
or license; and
(3) have been licensed in a jurisdiction or foreign
country in which the requirements for obtaining the same certificate
or license are substantially equivalent to the requirements under
the Act, including passage of a national examination or other examination
recognized by the commission relating to the practice of the profession.
(g) A person issued a provisional license may perform
those acts of cosmetology authorized by the provisional certificate
or license pending the department's approval or denial of an applicant's
license by substantial equivalence.
(h) A provisional certificate or 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 certificate or license holder's application for a certificate
or license by substantial equivalence not later than the 180th day
after the date the provisional certificate or license is issued.
(i) The department shall issue a certificate or license
by substantial equivalence to the provisional certificate or license
holder if the person is eligible to hold a certificate or license
under the Act.
(j) An applicant for licensure by substantial equivalence
is eligible for a provisional certificate or 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 certificates or licenses to practice
cosmetology in Texas.
|
| 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 |
