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TITLE 16ECONOMIC REGULATION
PART 4TEXAS DEPARTMENT OF LICENSING AND REGULATION
CHAPTER 83COSMETOLOGISTS
RULE §83.28Substantial Equivalence or Endorsement and Provisional Licensure

(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

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