16 Tex. Admin. Code § 83.10 - Definitions
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise.
(1) Act--Texas Occupations
Code Chapter 1603.
(2)
Barbering--The services described by §1603.0011(a) and (b) of the
Act.
(3) Board--The Barbering and
Cosmetology Advisory Board.
(4)
Class A Barber--A person who holds a class A barber license and who is
authorized to perform any barbering service under Texas Occupations Code §
1603.0011(a) and
(b).
(5) Commission--The Texas Commission of
Licensing and Regulation.
(6)
Common Area--An area within an establishment or school which contains equipment
and facilities available for use by all persons who practice barbering or
cosmetology on the premises under a license or permit issued under this chapter
or Texas Occupations Code, Chapter 1603.
(7) Cosmetology--The services described by
§1603.0011(a) and (c) of the Act.
(8) Department--The Texas Department of
Licensing and Regulation.
(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 under this chapter that is:
(A)
prearranged through a digital network; and
(B) performed at a location other than an
establishment.
(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) Establishment--A place licensed under
Subchapter E-2 of the Act where barbering or cosmetology is practiced. This
term includes mini-establishments and mobile establishments, but does not
include public or private schools.
(13) Esthetician--A person who holds a
specialty license and who is authorized to practice the services defined in
Texas Occupations Code §
1603.0011(a)(3)-(6),
and (c). The term esthetician in this chapter includes the term
facialist.
(14)
Esthetician/Manicurist--A person who holds a specialty license and who is
authorized to practice the services defined in Texas Occupations Code §
1603.0011(a)(3)-(8),
and (c). An esthetician/manicurist may also be known as a
"manicurist/esthetician."
(15)
Executive Director--The executive director of the Texas Department of Licensing
and Regulation.
(16) 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.
(17) Eyelash Extension
Specialist--A person who holds a specialty license and who is authorized to
practice the service defined in Texas Occupations Code §
1603.0011(c).
(18) Full-service Establishment--An
establishment authorized to perform all services defined as barbering or all
services defined as cosmetology under the Act.
(19) 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 an instructor
must be present during the classroom session in order for students to earn
hours.
(20) Hair weaving specialist
--A person who holds a hair weaving specialty license and who is authorized to
practice the services defined in Texas Occupations Code §
1603.0011(a)(9).
(21) Hair weaving specialist/esthetician--A
person who holds a hair weaving specialist/esthetician specialty license and
who is authorized to practice the services defined in Texas Occupations Code
§
1603.0011(a)(3)-(6),
(9), and (c). A hair weaving specialist/esthetician may also be known as an
"esthetician/hair weaving specialist."
(22) Instructor--An individual who holds a
license issued by the department under Subchapter E-1 of the Act to perform the
acts of barbering or cosmetology for which the person will provide instruction
at a school licensed under this chapter.
(23) Law and Rules Book--A publication
prepared and issued in a format prescribed by the department containing Texas
Occupations Code Chapter 1603, and 16 Texas Administrative Code Chapter
83.
(24) License--A permit,
certificate, approval, registration, or other similar permission issued by the
department under Texas Occupations Code, Chapter 1601, 1602, or 1603. The term
does not include a student permit.
(25) License by substantial equivalence--A
process that permits a barbering or cosmetology license holder from another
jurisdiction or foreign country to obtain a Texas barbering or cosmetology
license without repeating barbering or cosmetology education or examination
license requirements.
(26)
Manicurist--A person who holds a manicurist specialty license and who is
authorized to practice the services defined in Texas Occupations Code §
1603.0011(a)(7)-(8).
(27) Mini-Establishment --A barbering or
cosmetology establishment in which a person practices barbering or cosmetology
under a license 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.
(28) Mini-Establishment Licensee--A person or
entity that holds a license for a mini-establishment. The mini-establishment
licensee must be responsible for all requirements under the Act and this
chapter for the mini-establishment.
(29) Mobile Establishment --An establishment
or specialty establishment that is operated in a self-contained,
self-supporting, enclosed mobile unit.
(30) Operator--A person who holds a
cosmetology operator license and who is authorized to perform any cosmetology
service under Texas Occupations Code §
1603.0011(a) and
(c).
(31) Practitioner--A person holding any
individual practitioner license issued under Subchapter E-1 of the Act to
perform barbering or cosmetology services.
(32) 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.
(33) Private School--A
private postsecondary school licensed under Subchapter E-3 of the Act that
offers instruction in any barbering or cosmetology service.
(34) Provisional license--A license that
allows a person to practice barbering or cosmetology in Texas pending the
department's approval or denial of that person's application for licensure by
substantial equivalence.
(35)
Public School--A public secondary or postsecondary school licensed under
Subchapter E-3 of the Act that offers instruction in any barbering or
cosmetology service.
(36) 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 under Subchapter E-1
of the Act.
(37) 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.
(38) School--A public school or private
school licensed under Subchapter E-3 of the Act that offers instruction in any
barbering or cosmetology service.
(39) Self-Contained--Containing within itself
all that is necessary to be able to operate without connecting to outside
utilities such as water and electricity.
(40) Special Event--An event of cultural,
social, or religious significance justifying off-site provision of barbering or
cosmetology services, including weddings, quinceaneras, pageants, proms,
debutante balls, birthday parties, religious and cultural ceremonies, and
on-stage performances.
(41)
Specialty Establishment--An establishment in which only services defined in
Texas Occupations Code §
1603.0011(a)(3)-(9) and
(c) are performed. Specialty establishments
may only perform the services for which the establishment is
licensed.
(42) Specialty
Instructor--An individual acting as an instructor who holds a practitioner
license that is not class A barber or cosmetology operator.
(43) Student Permit--A permit issued by the
department under this chapter to a student enrolled in a school which states
the student's name and the name of the school.
(44) 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.
(45) 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.
(46) 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.
Notes
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