16 Tex. Admin. Code § 83.71 - Responsibilities of Establishments
(a) Each
establishment must have the current law and rules book.
(b) Each establishment is responsible for
compliance with the health and safety standards of this chapter.
(c) An establishment may lease space to an
independent contractor who is a practitioner. The lessor to an independent
contractor practitioner must maintain a list of all renters that includes the
name of renter and the license number of the renter. The lessor must supply the
department representative with a list of renters upon request.
(d) An establishment may lease space to
mini-establishment license holders. The lessor must maintain a list of all
mini-establishment license numbers and expiration dates and must provide the
list to a department representative upon request.
(e) A mini-establishment license holder must
maintain the name, license number, and license expiration date of each person
working in the mini-establishment.
(f) Establishments that lease space to
mini-establishments must maintain all common areas.
(g) Each establishment must comply with the
following requirements:
(1) a sink with hot
and cold running water in an area where services are performed;
(2) an identifiable sign with the
establishment's name;
(3) a
suitable receptacle for used towels/linen;
(4) a wet disinfectant soaking container,
large enough to fully immerse tools and implements;
(5) a clean, dry, debris-free storage
area;
(6) a minimum of one covered
trash container; and
(7) if
providing manicure or pedicure nail services, an autoclave, dry heat sterilizer
or ultraviolet sanitizer.
(h) In addition to the requirements of
subsection (g):
(1) full-service
establishments and mini-establishments must provide the following equipment for
each practitioner present and providing services:
(A) one working station;
(B) one styling or barber chair;
and
(C) a sufficient number of
shampoo bowls. The establishment must have at least one shampoo bowl if the
establishment provides shampooing or any service that results in a permanent
change to the color or structure of the hair. A mini-establishment providing
these services will be in compliance with this rule if the mini-establishment
has access to at least one shampoo bowl.
(2) establishments providing manicure
services must provide the following equipment for each practitioner present and
providing services:
(A) one manicure station
with sufficient lighting;
(B) one
manicure chair or stool; and
(C)
one client chair for each manicure station.
(3) establishments providing esthetician
services must provide the following equipment for each practitioner present and
providing services:
(A) one facial bed or
chair; and
(B) one
mirror.
(4)
establishments providing combination esthetician/manicure services must provide
the following equipment:
(A) the requirements
for establishments providing manicure services; and
(B) the requirements for establishments
providing esthetician services.
(5) establishments providing eyelash
extension services must provide the following equipment for each practitioner
present and providing services:
(A) one facial
bed, chair, or massage table, all of which must allow the consumer to lie
completely flat;
(B) one
lamp;
(C) one stool or chair;
and
(D) one mirror.
(6) establishments providing hair
weaving services must provide the following equipment for each practitioner
present and providing services:
(A) one work
station;
(B) one styling
chair;
(C) one chair dryer or
handheld dryer; and
(D) a
sufficient number, no fewer than one in the entire establishment, of shampoo
bowls for practitioners providing hair weaving services.
(i) All practitioners acting as
independent contractors must have the following items:
(1) a wet disinfectant soaking container,
large enough to fully immerse tools and implements;
(2) a clean, dry, debris-free storage
area;
(3) a suitable receptacle for
used towels/linen; and
(4) a
current law and rules book.
(j) In addition to the requirements in
subsection (i), practitioners acting as independent contractors must have the
following items.
(1) If practicing in a
full-service establishment, one work station and one styling or barber
chair.
(2) If practicing in an
establishment providing esthetician services, one facial bed or chair and one
mirror, wall-hung or handheld.
(3)
If practicing in an establishment providing manicure services, one manicure
station with sufficient lighting, one manicure chair or stool, and one client
chair, professional in appearance.
(4) If practicing in an establishment
providing eyelash extension services, one facial bed, chair, or massage table
that allows the consumer to lie completely flat, one stool or chair, one lamp,
and one mirror.
(k)
Practitioners acting as independent contractors must comply with all state and
federal laws relating to independent contractors.
(l) Establishments must display in the
establishment, in a conspicuous place clearly visible to the public, a notice
that a copy of the establishment's most recent inspection report issued by the
department is available upon request.
(m) All licensed establishments must display
in a conspicuous place clearly visible to the public a sign, acceptable to the
department, regarding human trafficking information as required by Texas
Occupations Code §
1603.356 and this
chapter.
(n) An establishment must
ensure that all persons performing or offering to perform barbering or
cosmetology services at the establishment are properly licensed at all times.
An establishment may not allow a person to perform any barbering or cosmetology
service for which the person does not hold the required license.
(o) An establishment may not perform or offer
to perform any barbering or cosmetology service outside the scope of the
establishment's license.
(p) A
person may not operate an establishment or school on the same premises, at the
same time, as another establishment or school, unless the facilities are
separated by walls of permanent construction without an opening between the
facilities. This does not apply to mini-establishments or mobile establishments
that are operated on the same premises as other establishments.
(q) Each establishment must display a copy of
§§83.100-83.115. An establishment may meet this requirement by
placing the law and rules book so that it is accessible to all practitioners
who work in the establishment.
Notes
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