1. (a) Terms used in this section have the meanings assigned by Chapter 59 of this title (relating to Continuing Education Requirements), unless the context indicates otherwise.
2. (b) To renew an operator or instructor license that expires prior to September 1, 2008, a licensee must complete a total of 12 hours of continuing education through department approved courses, of which 4 hours must be in Sanitation required under the Act and 16 TAC Chapter 83.
3. (c) To renew a manicure instructor specialty license, manicurist specialty license, facial instructor specialty license, facialist specialty license, hair weaving specialty certificate, hair braiding specialty certificate, wig specialty certificate, and shampoo/conditioning specialty certificate that expires prior to September 1, 2008, a licensee must complete a total of 8 hours of continuing education through department-approved courses, of which 4 hours must be in Sanitation required under the Act and 16 TAC Chapter 83.
4. (d) If a licensee holds an instructor license, facial instructor specialty license, or manicure instructor specialty license that expires prior to September 1, 2008, then, of the total hours required under subsection (b) or (c), the licensee must complete 2 hours in Methods of Teaching in accordance with §83.120.

5. (e) To renew an operator license, manicurist specialty license, facialist specialty license, hair weaving specialty certificate, hair braiding specialty certificate, wig specialty certificate, or shampoo/conditioning specialty certificate that expires on or after September 1, 2008, a licensee must complete a total of 6 hours of continuing education through department-approved courses. The continuing education hours must include the following:

   1. (1) 2 hours in Sanitation required under the Act and 16 TAC Chapter 83;
   2. (2) 2 hours in the Act and 16 TAC Chapter 83, addressing topics other than Sanitation; and
   3. (3) 2 hours in any topics listed in subsection (j).

6. (f) To renew an instructor license, manicure instructor specialty license, or facial instructor specialty license that expires on or after September 1, 2008, a licensee must complete a total of 6 hours of continuing education through department-approved courses. The continuing education hours must include the following:

   1. (1) 2 hours in Sanitation required under the Act and 16 TAC Chapter 83;
   2. (2) 2 hours in the Act and 16 TAC Chapter 83, addressing topics other than Sanitation; and
   3. (3) 2 hours in methods of teaching in accordance with §83.120.
7. (g) For a timely or a late renewal, a licensee must complete the required continuing education hours within the two year period immediately preceding the renewal date.

8. (h) A licensee may receive continuing education hours in accordance with the following:

   1. (1) A licensee may not receive continuing education hours for attending the same course more than once.
   2. (2) A licensee will receive continuing education hours for only those courses that are registered with the department, under procedures prescribed by the department.
9. (i) A licensee shall retain a copy of the certificate of completion for a course for two years after the date of completion. In conducting any inspection or investigation of the licensee, the department may examine the licensee's records to determine compliance with this subsection.

10. (j) To be approved under Chapter 59 of this title, a provider's course must be dedicated to instruction in one or more of the following topics:

    1. (1) Sanitation required under the Act and 16 TAC Chapter 83;
    2. (2) the Act and 16 TAC Chapter 83, addressing topics other than Sanitation;
    3. (3) the curriculum subjects listed in §83.120.
11. (k) A registered course may be offered until the expiration of the course registration or until the provider ceases to hold an active provider registration, whichever occurs first.
12. (l) A provider shall pay to the department a continuing education record fee of $5 for each licensee who completes a course for continuing education credit. A provider's failure to pay the record fee for courses completed may result in disciplinary action against the provider, up to and including revocation of the provider's registration under Chapter 59 of this title.

13. (m) Notwithstanding subsections (b) - (f) a licensee may satisfy the continuing education requirement for renewal by completing two hours of Sanitation in department-approved courses, if the licensee:

    1. (1) is at least 65 years of age; and
    2. (2) has held a cosmetology license for at least 15 years.

Source Note:The provisions of this §83.25 adopted to be effective December 8, 2005, 30 TexReg 8082; amended to be effective March 1, 2006, 31 TexReg 1280; amended to be effective August 1, 2006, 31 TexReg 5952; amended to be effective October 11, 2007, 32 TexReg 7050; amended to be effective January 1, 2008, 32 TexReg 9970.