1. (a) A separate application must be submitted for each LHR facility license.
2. (b) A separate LHR facility license is required for each LHR facility.
3. (c) If a physician owns or operates a facility where only LHR procedures are performed, an LHR facility license is required.

4. (d) An LHR facility license is not required for the following:

   1. (1) a facility owned or operated by a physician for the practice of medicine;
   2. (2) a licensed hospital; or
   3. (3) a clinic owned or operated by a licensed hospital.

5. (e) To be eligible for an LHR facility license, an applicant must:

   1. (1) submit a completed application on a department-approved form;
   2. (2) designate an individual who holds an LHR professional certification who will supervise laser hair removal procedures performed at the facility;

   3. (3) designate the consulting physician and alternate consulting physician with whom the facility has a written contract that includes the following:

      1. (A) proper protocols for the services provided by the consulting physician at the facility as specified in §118.13;
      2. (B) a provision for the consulting physician to audit the LHR facility's protocols and operations in accordance with §118.14;
      3. (C) a commitment that the consulting physician will be available for emergency consultation with the LHR facility as appropriate to the circumstances, including, if the physician considers it necessary, an emergency appointment with the client; and
      4. (D) an alternate consulting physician who must be available for the consultation with the LHR facility relating to care for the client if the consulting physician is unavailable; and
   4. (4) submit the fee required under §118.70.
6. (f) A person must not operate an LHR facility unless the person holds an LHR facility license issued by the department under this chapter, unless exempt as prescribed in §118.10(d).

Source Note:The provisions of this §118.10 adopted to be effective October 1, 2025, 50 TexReg 6315.