<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 16ECONOMIC REGULATION
PART 4TEXAS DEPARTMENT OF LICENSING AND REGULATION
CHAPTER 83COSMETOLOGISTS
RULE §83.77Remote Service Business Responsibilities

(a) A licensee may not operate a remote service business without first providing notice to the department in accordance with this chapter.

(b) Only licensed individuals 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 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 cosmetology services:

  (1) haircutting, hairstyling, wigs, artificial hairpieces, or weaving a person's hair by thread and needle or attaching by clamps or glue;

  (2) arranging, beautifying, shaving with a safety razor, 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 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 individual performing digitally prearranged remote services must practice within the scope of the individual's license and may only provide the services specifically authorized by this section.

(h) A remote service business shall provide through the entity's digital network prior to any digitally prearranged remote service being performed:

  (1) the following information regarding the licensee who will perform the service:

    (A) the person's first and last name;

    (B) the person's license number, certificate of registration, or permit number, as applicable; 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 licensed individual performing the service.

(i) A remote service business shall 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 licensee who provides a digitally prearranged remote services is responsible for the services provided.

(k) A remote service business shall terminate a licensee'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 licensee provides a digitally prearranged remote service, the remote service business and the licensee must ensure that all implements and supplies have cleaned, disinfected, and sanitized or sterilized department-approved disinfectants and in accordance with the requirements of the Act and this chapter.

(m) A remote service business and licensee performing remote services must ensure compliance with all safety and sanitations requirements related to the digitally prearranged remote services being provided and in accordance with the Act and this chapter.

(n) A remote service business shall maintain accurate records and information showing compliance with this chapter and the Act and must make these records available to the department upon request.


Source Note: The provisions of this §83.77 adopted to be effective March 15, 2020, 45 TexReg 1693

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page