- (a) Each establishment must have a copy of the current law and rules book.
- (b) Each establishment is responsible for compliance with the health and safety standards of this chapter.
- (c) Any alterations of a cosmetology establishment's floor plan must be done in accordance with this chapter and the Act.
- (d) The curriculum shall be posted in a conspicuous place in the school. A current syllabus and lesson plan for each course shall be maintained by the school and be available for inspection.
- (e) Schools must have not less than one full-time licensed instructor on staff and on duty during business hours for each 25 students in attendance, including evening classes. A school may not enroll more than three student-instructors for each licensed instructor teaching in the school on a full-time basis. The student-instructor shall at all times work under the direct supervision of the full-time licensed instructor and may not service clients, but will concentrate on teaching skills. A licensed instructor must be physically present during all curriculum activities. No credit for instructional hours can be granted to a cosmetology student unless such hours are accrued under the supervision of a licensed instructor.
- (f) Schools must maintain one album to display each student permit, including affixed picture, of each enrolled student. The permits should be in alphabetical order.
(g) Schools must use a time clock to track student hours and maintain a daily record of attendance with each student personally punching the time clock in accordance with the following:
- (1) Attendance records will be maintained in the school and available to the department for a period of 48 months after the student completes or terminates attendance.
- (2) Within five days of a time clock failure, written documentation must be submitted to the department on a department-approved form stating the time clock failure. If a technician is required to repair the clock, a copy of the work order indicating date(s) of repair must be submitted as part of the written documentation.
- (3) Not later than the 10th day of each month, a school must display on a department-approved form the monthly hour report showing the hours acquired by each student during the preceding month in an album or binder.
- (4) Each student must be given the opportunity to review, under supervision, his or her hours, and to sign or initial the report. The report shall be complete, accurate, and kept available for inspection by the student or a department representative. One copy of the monthly hour report, signed by a school official, must be given to the department inspector at each inspection visit.
- (5) Students are prohibited from preparing hour reports or supporting documents. Student-instructors may prepare hours reports.
- (6) A school must properly account for the hours granted to each student. A school shall not engage in any act directly or indirectly that grants or approves student hours that are not accrued in accordance with this chapter.
- (h) Private schools can utilize locations away from the building for instruction in the approved cosmetology school curriculum. The instruction at these locations must be identified as a field trip.
- (i) All areas of a school or campus are acceptable as instructional areas for a public cosmetology school, provided that the instructor is teaching cosmetology curriculum required under §83.120.
- (j) A private cosmetology school may provide cosmetology instruction to public high school students by contracting with the Texas Education Agency and complying with Texas Education Agency law and rules. A public high school student receiving instruction at a private cosmetology school in accordance with a contract between the private cosmetology school and the Texas Education Agency is considered to be a public high school student enrolled in a public school cosmetology program for purposes of the Act and department rules.
- (k) Schools may enroll applicants for a refresher course. A person who holds a valid Texas license may service clients in the school. The school may receive compensation for services performed by a student holding a valid Texas license; however, the student may not receive compensation.
- (l) The school principal or program administrator must certify that each public high school student has successfully completed 1,000 clocked cosmetology hours before 500 academic hours can be granted by the department for successfully passing academically approved courses to include math, lab science and English.
- (m) When a student graduates, the school must certify that the student has completed the required curriculum and that all practical applications have been completed.
- (n) Schools may establish school rules of operation and conduct, including rules relating to absences and clothing, that do not conflict with this chapter.
(o) Beauty culture schools must have a classroom separated from the laboratory area by walls extending to the ceiling and equipped with the following:
- (1) desks and chairs or table space for a minimum of 10 students (plus one desk or chair or table space for additional students enrolled an in attendance per theory class);
- (2) charts covering, bones, muscles, nerves, skin, and nails;
- (3) medical dictionary;
- (4) minimum visual aid requirements: television and VCR or DVD; and
- (5) a dispensary of not less than 50 contiguous square feet with a double sink with hot and cold running water and space for storage and dispensing of supplies and equipment.
- (6) six shampoo bowls and six shampoo chairs;
- (7) eight heat processors or hand-held hair dryers;
- (8) one heat cap or therapeutic light;
- (9) eight dozen cold wave rods;
- (10) three electric irons, or marcel stoves and irons;
- (11) sixteen styling stations covered with a non-porous material that can be cleaned and disinfected, with mirror, and 16 styling chairs (swivel or hydraulic);
- (12) twelve mannequins with sufficient hair with table or attached to styling stations;
- (13) one day/date formatted computer time clock;
- (14) one pair of professional hand clippers;
- (15) three professional hand held dryers;
- (16) four manicure tables and four stools;
- (17) a suitable receptacle for used towels/linen;
- (18) four covered trash cans in lab area;
- (19) one large wet disinfectant soaking container;
- (20) a clean, dry, debris-free storage area;
(21) if teaching facial courses:
- (A) facial chair;
- (B) magnifying lamp;
- (C) woods lamp;
- (D) dry sanitizer;
- (E) steamer;
- (F) brush machine for cleaning;
- (G) vacuum machine that includes spray device;
- (H) high frequency for disinfection, product penetration, stimulation;
- (I) galvanic for eliminating encrustations, product penetration
- (J) paraffin bath and paraffin wax; and
- (22) if providing manicure or pedicure nail services, a department-approved sterilizer.
(p) In addition to the posting requirements of this subsection, beauty culture schools shall post a sign at the time clock which states:
- (1) Each student must clock in/out for himself/herself. No student may allow another person to clock in or out on behalf of that student.
- (2) No credit shall be given for any times written in, except in a documented case of time clock failure.
- (3) If a student is in or out of the facility for lunch, he/she must clock out.
- (4) Students leaving the facility for any reason, including smoke breaks, must clock out, except when an instructional area on a campus is located outside the approved facility, that area is approved by the department and students are under the supervision of a licensed instructor.
Source Note:The provisions of this §83.72 adopted to be effective December 8, 2005, 30 TexReg 8082; amended to be effective March 1, 2006, 31 TexReg 1280.