December 2008
Texas Barber & Cosmetology News
(512) 463-6599 or 1-800-803-9202
www.license.state.tx.us
COSMETOLOGY PROGRAM
P.O. Box 12088 Austin, Texas 78711
cs.cosmetologists@license.state.tx.us
The Texas Department of Licensing and Regulation (TDLR) Customer Service section receives thousands of phone calls and e-mails a day from cosmetology licensees. This month I have received several calls asking about lasers, microdermabrasion and chemical peels, and if they are regulated by TDLR. Here are the answers to some of the questions.
Does my facialist or cosmetology operator’s license authorize me to perform laser hair removal?
No. A facialist or a cosmetology license does not authorize the use of lasers. Under 16 T.A.C. 83.10(8), a facialist or a cosmetologist may temporarily remove hair by depilatory, mechanical tweezers, or wax. Laser hair removal is not a temporary hair removal method, and cannot be performed by a facialist or cosmetologist.
Can I perform microdermabrasion under my facialist or cosmetology license?
A facialist or cosmetologist may remove dead skin cells from a person’s skin by exfoliation. One method of exfoliation is microdermabrasion; it is commonly performed using a specialized device. To the extent that the microdermabrasion device and technique removes only dead skin cells from a client’s skin, then a facialist or cosmetologist may exfoliate dead skin cells from the client’s skin.
Deeper microdermabrasion treatments penetrate the dermis (living tissue) and must be physician-administered.
Does my facialist or cosmetology license authorize me to perform laser skin resurfacing?
No. Laser skin resurfacing methods affect areas of live tissue below the epidermis. A facialist or cosmetologist may remove dead skin cells, but may not affect or treat live tissue.
Does my facialist or cosmetology license authorize me to perform laser teeth whitening?
No. A facialist or cosmetologist is not authorized to use lasers.
May I perform chemical peels under my facialist or cosmetology license?
The removal of excess accumulations of dead cells is called many different things, including peeling or exfoliation. A facialist or cosmetologist may perform “light peels” or “superficial peels” which are noninvasive and/or nonaggressive in nature and enhance or beautify the epidermis by removing dead cells, not the dermis (living tissue).
“Medium peels” and “deep peels” penetrate the dermis (living tissue) and must be physician-administered.
Does my facialist or cosmetologist license authorize me to perform body wraps?
No, a facialist or cosmetology license does not authorize the performance of body wraps. Under Occupations Code, Sections 1602.257 and 1602.002(a) (7), facialists and cosmetologists may only beautify a person’s face, neck or arms.
Providing Continuing Education (CE) to Texas cosmetologists is an earned privilege that two Texas Department of Licensing and Regulation CE providers misused. This abuse resulted in the revocation of their licenses by TDLR.
CE providers, Tuan Nguyen of USA Beauty School in Houston and Michael Tran, d/b/a Michael Tran Agency in Houston, were each cited for issuing a certificate of completion to individuals who did not even attend a CE course much less complete a course. Their actions are in violation of 16 Texas Administrative Code 59.50(b)(2) and are punishable by revocation of their license. Nguyen and Tran both had their licenses revoked!
CE providers complete an in-depth application before receiving TDLR approval to offer CE courses. In addition to a course review fee of $100 a “timed topic outline” with the course application must be submitted to the Department. The outline provides TDLR staff with a class schedule showing the amount of time that will be spent on each topic and they must furnish references to the course materials used for each topic. Additionally, all course material has to be filed with the application including: video tapes, computer software, textbooks, handouts and any other presentation media.
Internet based courses require further information. Applicants must provide a link to their web site and a way for TDLR staff to review the course online. Materials describing how the course is represented are also required.
There are other requirements applicants must meet to be licensed as a TDLR Continuing Education provider but you can see the initial application takes a commitment to the project. Nguyen and Tran had successfully completed the process and received a license to work with licensed cosmetologists seeking to earn CE credits. They made a choice to sell unearned CE certificates and paid the ultimate price: loss of their continuing education provider license and with that license revocation they loss their ability to provide continuing education services.
Carlos Alvarez (center) and Timothy W. Brown (right) check license information at the TDLR booth.
“It is incredibly convenient to have TDLR at trade shows. It enables us, as hair dressers, to have face to face conversations with a Department representative and ask questions that we might feel uncomfortable asking in a salon environment,” stated Brown.
Ronda Christian of Arlington, Texas, (pictured) stopped by the TDLR booth to get information from TDLR Program Specialist , Joyce Hennington, while attending the Texas Beauty Show at the Dallas Convention Center in October. Kathy Broxterman of Burleson, Texas, visited the TDLR booth and stated, “It is very helpful having TDLR at the show. We were able to buy our Cosmetology Law and Rules book and check our Continuing Educations hours too.”
| Cosmetology Vital Statistics | |
|---|---|
| Operators | 103,591 |
| Manicurists | 30,742 |
| Facial specialists | 12,024 |
| Weavers | 176 |
| Braiders | 663 |
| Shampoo specialists | 156 |
| Wig specialists | 22 |
| Shampoo apprentices | 11,150 |
| Operator instructors | 3,986 |
| Manicure instructors | 45 |
| Facial instructors | 75 |
| Wig instructors | 3 |
| Students | 22,018 |
| Schools | 387 |
| Salons | 21,005 |
| Manicure salons | 1,396 |
| Facial salons | 541 |
| Facial/manicure salons | 3,790 |
| Hair braiding/weaving salons | 132 |
| Wig salons | 35 |
| Independent contractors | 35,978 |
| Dual shop/salon | 206* |
| * Dual number listed in cosmetology statistics | |
| Barber Vital Statistics | |
|---|---|
| Barbers | 12,859 |
| Barber manicurists | 394 |
| Barber technicians | 20 |
| Barber hair braiding specialist | 41 |
| Barber shops | 5,397 |
| Barber manicure shops | 125 |
| Barber hair braiding shops | 2 |
| Dual shop/salon | 206* |
| Barber instructors | 148 |
| Students | 1,599 |
| Schools | 36 |
| Class A Barber booth rentals | 3,357 |
| Barber manicure booth rentals | 69 |
| Barber hair braiding booth rentals | 1 |
| * Dual number listed in cosmetology statistics | |
Texas Barber & Cosmetology News
(512) 463-6599 or 1-800-803-9202
www.license.state.tx.us
COSMETOLOGY PROGRAM
P.O. Box 12088 Austin, Texas 78711
cs.cosmetologists@license.state.tx.us
Cosmetology Advisory Board:
Clive Lamb, Presiding Officer
Kerin Haney, Vice Presiding Officer
Diane Salazar
Glenda Jemison
Allison Leigh Kincy
Zelda Moore
BARBER PROGRAM
P.O. Box 13489 Austin, Texas 78711
cs.barbers@license.state.tx.us
Barber Advisory Board:
Linda G. Connor, Presiding Officer
Dean Hudson, Jr, Vice Presiding Officer
Ronald Brown,
Joseph B. Grondin,
Vacancy
Commissioners:
Frank Denton, Chair
LuAnn Roberts Morgan, Vice Chair
Mike Arismendez,
Lewis Benavides,
Lilian Norman-Keeney,
Fred N. Moses,
Deborah Yurco,
William Kuntz, Exec. Director
