The following words and terms, when used in this chapter, shall
have the following meanings, unless the context clearly indicates
otherwise.
(1) Act--Texas Occupations Code, Chapters 1602 and
1603.
(2) Beauty Culture School--A cosmetology school, public
or private that is subject to regulation under the Act.
(3) Board--The Advisory Board on Cosmetology.
(4) Booth rental license--A license issued or renewed
to an applicant the same time the applicant is issued one of the following
license types: operator, manicurist, esthetician, esthetician/manicurist,
eyelash extension specialist, hair weaver, wig specialist, instructor,
or specialty instructor, which allows the holder to lease space on
the premises of a beauty shop, specialty shop, mini-salon, dual shop,
or mini-dual shop to engage in the practice of cosmetology as an independent
contractor.
(5) Department--The Texas Department of Licensing and
Regulation.
(6) Commission--The Texas Commission of Licensing and
Regulation.
(7) Common Area--An area within a cosmetology establishment
which contains equipment and facilities available for use by all persons
who practice cosmetology on the premises under a license, certificate
or permit issued under this chapter or Texas Occupations Code, Chapter
1603.
(8) Cosmetology establishment--A beauty salon, specialty
salon, mini-salon, dual shop, mini-dual shop, mobile shop, or beauty
culture school, public or private, that is subject to regulation under
the Act.
(9) Digital Network--Any online-enabled application,
Internet website, or system offered or used by a remote service business
that allows a client to arrange for a digitally prearranged remote
service.
(10) Digitally Prearranged Remote Service--A barbering
or cosmetology service performed for compensation by a person holding
a license, certificate of registration, or permit under Texas Occupations
Code, Chapter 1601, or 1602, or this chapter that is:
(A) prearranged through a digital network; and
(B) performed at a location other than a place of business
that is licensed or permitted under Texas Occupations Code, Chapter
1601, 1602, or 1603.
(11) Distance Education--A formal instructional process
in which the student and teacher are separated by physical distance
and a variety of communication technologies are used to deliver instruction
in theory to the student. Courses taught by distance education do
not satisfy the requirements of the practical portion of the course
curriculum standards.
(12) Dual Shop--A shop owned, operated, or managed
by a person holding a dual barber and beauty shop license issued under
Texas Occupations Code, Chapter 1603.
(13) Eyelash Extension Application--The process of
applying and removing a semi-permanent, thread-like, natural or synthetic
single fiber to an eyelash, including cleansing of the eye area and
lashes prior to applying and after removing extensions.
(14) Eyelash Extension Specialist--A person who holds
a specialty license and who is authorized to practice the service
defined in Texas Occupations Code §1602.002(a)(10).
(15) Esthetician--A person who holds a specialty license
and who is authorized to practice the services defined in Texas Occupations
Code §1602.002(a)(4) - (7) and (10). The term esthetician in
this chapter includes the term facialist.
(16) Esthetician/Manicurist--An esthetician/manicurist
may perform only those services defined in Texas Occupations Code §1602.002(a)(4)
- (10).
(17) Guest Presenter--A person who possesses subject
matter knowledge in specific curriculum topics and who has the teaching
ability necessary to impart the information to cosmetology students.
Instruction is limited to the presenter's area of expertise and a
licensed instructor must be present during the classroom session in
order for students to earn hours.
(18) Hair weaver--A person who holds a hair weaving
specialty certificate and who may perform only the practice of cosmetology
defined in Texas Occupations Code §1602.002(a)(11).
(19) Instructor--An individual authorized by the department
to perform or offer instruction in any act or practice of cosmetology
under Texas Occupations Code, §1602.002.
(20) Law and Rules Book--Texas Occupations Code, Chapters
1602 and 1603, and 16 Texas Administrative Code Chapter 83.
(21) License--A department-issued permit, certificate,
approval, registration, or other similar permission required under
Texas Occupations Code, Chapter 1601, 1602, or 1603.
(22) License by substantial equivalence--A process
that permits a cosmetology license holder from another jurisdiction
or foreign country to obtain a Texas cosmetology license without repeating
cosmetology education or examination license requirements.
(23) Manicurist--A manicurist may perform only those
services defined in Texas Occupations Code §1602.002(a)(8) and
(9).
(24) Mini-Salon--A cosmetology establishment in which
a person practices cosmetology under a license, certificate or permit
issued under this chapter and which consists of a room or suite of
rooms that is one of a number of connected establishments in a single
premises that open onto a common hallway or common area.
(25) Mini-Dual Shop--A shop owned, operated, or managed
by a person meeting the requirements of both a mini-barbershop and
mini-beauty shop license under Texas Occupations Code §1603.207.
(26) Mini-Salon Licensee--A person or entity that holds
a license for a mini-salon or mini-dual shop. The mini-salon licensee
shall be responsible for rules under Texas Occupations Code, Chapters
1601, 1602, and 1603, and 16 TAC Chapters 82 and 83 for the mini-salon
or mini-dual shop.
(27) Mobile Shop--A beauty salon, specialty salon,
or dual shop that is operated in a self-contained, self-supporting,
enclosed mobile unit.
(28) Operator--An individual authorized by the department
to perform any act or practice of cosmetology under Texas Occupations
Code, §1602.002.
(29) Preparation--A substance used to beautify a person's
face, neck or arms or to temporarily remove superfluous hair from
a person's body including but not limited to antiseptics, tonics,
lotions, powders, oils, clays, creams, sugars, waxes and/or chemicals.
(30) Provisional license--A license that allows a person
to practice cosmetology in Texas pending the department's approval
or denial of that person's application for licensure by substantial
equivalence.
(31) Remote Service Business--A corporation, partnership,
sole proprietorship, or other entity that, for compensation, enables
a client to schedule a digitally prearranged remote service with a
person holding a license, certificate of registration, or permit under
Texas Occupations Code, Chapters 1601, 1602, or 1603.
(32) Self-Contained--Containing within itself all that
is necessary to be able to operate without connecting to outside utilities
such as water and electricity.
(33) Safety Razor--A razor that is fitted with a guard
close to the cutting edge of the razor that is intended to prevent
the razor from cutting too deeply and reduces the risk and incidence
of accidental cuts.
(34) Special Event--Includes weddings, quinceaneras,
pageants, proms, debutante balls, birthday parties, religious and
cultural ceremonies, and on-stage performances.
(35) Specialty Instructor--An individual authorized
by the department to perform or offer instruction in an act or practice
of cosmetology limited to Texas Occupations Code, §1602.002(a)(2),
(4), (5), (6), (7), (8), (9), (10), and (11).
(36) Specialty Salon or Specialty Shop--A cosmetology
establishment in which only the practice of cosmetology as defined
in Texas Occupations Code, §1602.002(a)(2), (4), (5), (6), (7),
(8), (9), (10), or (11) is performed. Specialty salons may only perform
the act or practice of cosmetology in which the salon is licensed.
(37) Student Permit--A permit issued by the department
to a student enrolled in cosmetology school which states the student's
name and the name of the school.
(38) Tweezing Technique--Any type of temporary hair
removal procedure involving the extraction of hair from the hair follicle
by use of, but not limited to, an instrument, appliance or implement
made of metal, plastic, or other material.
(39) Weaving--The process of attaching, by any method,
commercial hair (hair pieces, hair extensions) to a client's hair
and/or scalp. Weaving is also known as hair integration or hair intensification.
(40) Wet disinfectant soaking container--A container
with a cover to prevent contamination of the disinfectant solution
and of a sufficient size such that the objects to be disinfected may
be completely immersed in the disinfectant solution.
(41) Wig Specialist--A person who holds a wig specialty
certificate and who may perform only the practice of cosmetology defined
in Texas Occupations Code §1602.002(a)(2).
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| Source Note: The provisions of this §83.10 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 October 11, 2007, 32 TexReg 7050; amended to be effective January 1, 2008, 32 TexReg 9970; amended to be effective February 17, 2012, 37 TexReg 681; amended to be effective January 1, 2014, 38 TexReg 9520; amended to be effective July 1, 2014, 39 TexReg 4650; 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 |
