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RULE §83.70Responsibilities of Individuals

(a) For purposes of this section, "licensed facility" means the premises of a place of business that holds a license, certificate, or permit under Texas Occupations Code, Chapters 1601, 1602 and 1603.

(b) A licensee is restricted to working in a licensed facility but may perform a service within the scope of the license, at a location other than a licensed facility for a customer who:

  (1) is unable to receive the services at a licensed facility because of illness or physical or mental incapacitation; or

  (2) will receive the services in preparation for and at the location of a special event; and

  (3) makes the appointment for services through a licensed facility.

(c) A licensee performing digitally prearranged remote services may perform these services at a location other than a licensed facility if the appointment is made through a remote service business's digital network.

(d) A licensee who leases space as an independent contractor on the premises of a cosmetology establishment must hold a booth rental permit.

(e) Specialty certificate holders may only perform the practice authorized by the specialty certificate.

(f) All current licenses may be posted at the licensee's work station in the public view or be made available in a notebook at the salon reception desk.

(g) A current photograph of the licensee approximately 1 1/2 inches by 1 1/2 inches shall be attached to the front of the license, certificate or permit.

(h) Licensees shall notify the department in writing of any name change within thirty (30) days of the change.

(i) Licensees must notify the department within thirty (30) days following any change of address. The department may send all notices on other information required by applicable laws and rules to any licensee's last known mailing address on file with the department.

(j) Licensees shall wear clean top and bottom outer garments and footwear while performing services authorized under the Act. Outer garments include tee shirts, blouses, sweaters, dresses, smocks, pants, jeans, shorts, and other similar clothing and do not include lingerie or see-through fabric.

(k) Licensees are responsible for compliance with the health and safety standards of this chapter.

Source Note: The provisions of this §83.70 adopted to be effective December 8, 2005, 30 TexReg 8082; amended to be effective March 1, 2006, 31 TexReg 1280; amended to be effective August 1, 2006, 31 TexReg 5952; amended to be effective February 17, 2012, 37 TexReg 681; amended to be effective January 1, 2014, 38 TexReg 9520; amended to be effective January 1, 2016, 40 TexReg 8759; amended to be effective January 15, 2018, 43 TexReg 81; amended to be effective March 15, 2020, 45 TexReg 1693

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