1. (a) A certifying entity must meet the following requirements:

   1. (1) apply on a department approved application for approval and follow all education requirements set out in this chapter;
   2. (2) be a non-governmental organization such as a society, association, business, or school with an interest in the field of laser hair removal or whose members participate in or have an interest in the field of laser hair removal;
   3. (3) if a society or association, not restrict its membership due to race, color, religion, age, national origin or disability and also make its memberships available to the general public nationwide;
   4. (4) if a society or association, have a certification program open to nonmembers as well as members;
   5. (5) be an incorporated nationally recognized entity in good standing involved in setting national standards of practice within its fields of expertise;
   6. (6) have an adequate staff, a viable system for financing its operations, and a policy- and decision- making review board;
   7. (7) have a set of written organizational by-laws and policies that provide adequate assurance of lack of conflict of interest and include a system for monitoring and enforcing these by-laws and policies;
   8. (8) have a committee whose members carry out their responsibilities impartially to review and approve their certification guidelines and procedures and advise the organization's staff in implementing the certification program;
   9. (9) have a committee whose members carry out their responsibilities to impartially review complaints against certified individuals and then determine appropriate sanctions;
   10. (10) have written procedures describing all aspects of its certification program including its administration, and maintain records of the current status of an individual's certification;
   11. (11) have procedures to ensure certified individuals are provided due process with respect to the administration of a certification program, including the certification process and the imposition of any sanctions against certified individuals;
   12. (12) have procedures for proctoring examinations, including qualifications for proctors. These procedures must ensure that the individuals proctoring each examination are not employed by the same company or corporation (or a wholly-owned subsidiary of such company or corporation) as any of the examinees;
   13. (13) exchange information about certified individuals with the agency and other certifying entities and allow periodic review of its certification program and related records by the agency; and
   14. (14) provide a description to the agency of its procedures for choosing examination sites and for providing an appropriate examination environment.

2. (b) To be approved by the department, a certification program must meet the following requirements:

   1. (1) require applicants for certification to:

      1. (A) receive training in the topics specified in §118.26(a); and
      2. (B) satisfactorily complete a written examination covering these topics;

   2. (2) require applicants for certification to provide documentation that demonstrates that the applicant has:

      1. (A) received training in the topics specified in §118.26(a); and
      2. (B) satisfactorily completed a minimum period of LHR apprentice-in-training certification requirements;
   3. (3) include procedures to ensure that all examination questions are protected from disclosure, as prescribed by 16 Texas Administrative Code §60.54;
   4. (4) include procedures for denying an application and revoking, suspending, and reinstating a certificate;
   5. (5) include procedures for notifying each applicant of current guidelines to determine eligibility in the educational program, as prescribed by Texas Occupations Code §53.152;
   6. (6) provide a certification period of at least three years, but not more than five years;
   7. (7) include procedures for renewing certifications and, if the procedures allow renewals without examination, require evidence of recent full-time employment and continuing education hours as required by this chapter;
   8. (8) provide a timely response to inquiries from members of the public about an individual's certification status; and

   9. (9) issue a certificate of completion that includes:

      1. (A) the issue date;
      2. (B) the expiration date; and
      3. (C) a statement that the certification program was completed in accordance with Texas Health and Safety Code, Chapter 401, Subchapter M, and the rules under 16 Texas Administrative Code, Chapter 118.
3. (c) An examination administered or used by a certifying entity must be designed to test an individual's knowledge and understanding of at least the topics specified in §118.26(a).

Source Note:The provisions of this §118.40 adopted to be effective October 1, 2025, 50 TexReg 6315.