The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise.

1. (1) Act--Texas Health and Safety Code, Chapter 401, Subchapter M.
2. (2) Adverse event--Any death or serious injury to a client or employee of an LHR facility that is a result of use, misuse, or failure of an LHR device or LHR safety equipment.
3. (3) Advertising--All representations disseminated in any manner or by any means for the purpose of inducing, or that are likely to induce, directly or indirectly, the purchase of laser hair removal services.
4. (4) Alternate consulting physician--A physician, licensed in Texas, designated by an LHR facility to be available for emergency consultation with the facility if the consulting physician is unavailable and as appropriate to the circumstances.
5. (5) Certifying entity--A non-governmental organization approved by the department that administers an examination for obtaining the LHR Professional certification and meets the requirements of §118.50.
6. (6) Commission--The Texas Commission of Licensing and Regulation.
7. (7) Consulting physician--A physician, licensed in Texas, who has a written contract with a LHR facility for the purpose of meeting the requirements under Section 401.519 of the Act.
8. (8) Customer--An equivalent term for "client".
9. (9) Delegate--The act of a consulting physician or alternate consulting physician to delegate any medical act that a reasonable and prudent consulting physician or alternate consulting physician would find within the scope of sound medical judgement to delegate. The act must be performed by properly trained persons, as specified in Texas Occupations Code, Chapter 157.
10. (10) Department--The Texas Department of Licensing and Regulation.
11. (11) Direct supervision--Direct observation by an individual who is physically present in the LHR facility and available to provide immediate assistance if required.
12. (12) Executive Director--The executive director of the department.
13. (13) Individual LHR certification--A certification issued by the department to an individual who has met the requirements for individual LHR licensure. The term includes certifications issued by the department for a LHR apprentice-in-training, a LHR technician, a senior LHR technician, and a LHR professional.
14. (14) Laser hair removal (LHR)--The use of a laser or pulsed light device for nonablative hair removal procedures. For purposes of this chapter, "laser hair reduction" is an equivalent term.
15. (15) LHR facility--A business location that provides laser hair removal.
16. (16) LHR facility license--A license issued by the department that allows a person to operate an LHR facility.
17. (17) Laser hair removal procedure--The removal of hair from one of the four body areas as specified in §118.4.
18. (18) Laser or pulsed light device--A device approved by the FDA for laser hair removal or reduction. For purposes of this chapter, "LHR device" is an equivalent term.
19. (19) Licensed health professional--An individual licensed in accordance with Occupations Code, Title 3.
20. (20) Nonablative hair removal procedure--A hair removal procedure using a LHR device that does not remove the epidermis.

21. (21) Operate an LHR facility--To do any of the following:

    1. (A) own an LHR facility; or

    2. (B) perform or attempt to perform laser hair removal at an LHR facility as:

       1. (i) an agent of an owner of the LHR facility; or
       2. (ii) an independent contractor of the LHR facility:

22. (22) Operator--A person who:

    1. (A) owns an LHR facility; or

    2. (B) performs or attempts to perform laser hair removal at an LHR facility as:

       1. (i) an agent of an owner of the LHR facility; or
       2. (ii) an independent contractor of the LHR facility.
23. (23) Person--An individual or a legal entity.
24. (24) Physician--An individual licensed to practice medicine in Texas. Only a Doctor of Medicine (MD) or Doctor of Osteopathic Medicine (DO) can serve as a consulting physician or alternate consulting physician.

25. (25) Serious injury--An injury or illness that:

    1. (A) is life-threatening;
    2. (B) results in permanent impairment of a body function or permanent damage to a body structure; or
    3. (C) necessitates medical or surgical intervention to preclude permanent impairment of a body function or permanent damage to a body structure. Permanent means irreversible impairment or damage to a body structure or function, excluding trivial impairment or damage.
26. (26) Supervision--The physical presence of a senior LHR technician or LHR professional at the LHR facility.
27. (27) Training Program--A program, approved by the department, that offers the educational requirements for an "apprentice-in-training" for laser hair removal in accordance with Texas Health and Safety Code, Chapter 401, Subchapter M, and this chapter, and follows applicable state laws, including Texas Education Code, Chapter 132.

Source Note:The provisions of this §118.3 adopted to be effective October 1, 2025, 50 TexReg 6315.