1. (a) Each establishment must have a copy of the current law and rules book.
2. (b) Each establishment is responsible for compliance with the health and safety standards of this chapter.
3. (c) Any alterations of a cosmetology establishment's floor plan must be done in accordance with this chapter and the Act.
4. (d) The curricula 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.
5. (e) Unless the context clearly indicates otherwise, when used in this section the term "student-instructor" shall mean a student permit holder who is enrolled in an instructor curriculum of a beauty culture school.
6. (f) 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.
7. (g) Schools must maintain one album to display each student permit, including affixed picture, of each enrolled student. The permits shall be displayed in alphabetical order by last name, then alphabetical order by first name, and, if more than one student has the same name, by student permit number.
8. (h) 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.

9. (i) Beauty culture schools shall post a sign at the time clock that states the following department requirements:

   1. (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. (2) No credit shall be given for any times written in, except in a documented case of time clock failure or other situations approved by the department.
   3. (3) If a student is in or out of the facility for lunch, he/she must clock out.
   4. (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.
10. (j) Students are prohibited from preparing hour reports or supporting documents. Student-instructors may prepare hour reports and supporting documents; however only school owners and school designees, including licensed instructors, may electronically submit information to the department in accordance with this chapter. No student permit holder, including student-instructors, may electronically submit information to the department under this chapter.

11. (k) A school must properly account for the clock 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. A school must maintain and have available for a department and/or student inspection the following documents for a period of the student's enrollment through 48 months after the student completes the curriculum, withdraws, or is terminated:

    1. (1) daily record of attendance;

    2. (2) student clock hours as demonstrated by the following documents:

       1. (A) time clock record(s);
       2. (B) time clock failure and repair record(s); and
       3. (C) field trip records in accordance with §83.120(d)(5); and
    3. (3) practical applications of the curriculum; and
    4. (4) all other relevant documents that account for a student's accrued clock hours and practical applications under this chapter.
12. (l) At least one time per month, schools shall submit to the department an electronic record of each student's accrued clock hours in a manner and format prescribed by the department. A school's initial submission of clock hours shall include all hours accrued at the school. Upon graduation, a school shall affirm in an electronic manner and format prescribed by the department that a student completed the practical applications, if any, prescribed by the department's minimum standards or the school's published standards. Delayed data submission(s) are permitted only upon department approval, and the department shall prescribe the period of time for which a school may delay the electronic submission of data, to be determined on a case by case basis. Upon department approval, a school may submit data required under this subsection in an alternate manner and format as determined by the department, if the school demonstrates that the requirements of this subsection would cause a substantial hardship to the school.
13. (m) Except for a documented leave of absence, schools shall electronically submit a student's withdrawal or termination to the department within 10 calendar days after the withdrawal or termination. Except for a documented leave of absence, a school shall terminate a student who does not attend a cosmetology curriculum for 30 days.
14. (n) Public schools shall electronically submit a student's accrual of 500 hours in math, lab science, and English.
15. (o) All areas of a school or campus are acceptable as instructional areas for a public cosmetology school, provided that the instructor is teaching cosmetology curricula required under §83.120.
16. (p) 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.
17. (q) Schools may establish school rules of operation and conduct, including rules relating to absences and clothing, that do not conflict with this chapter.

18. (r) Beauty culture schools must have a classroom separated from the laboratory area by walls extending to the ceiling and equipped with the following:

    1. (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. (2) charts covering, bones, muscles, nerves, skin, and nails;
    3. (3) medical dictionary;
    4. (4) minimum visual aid requirements: television and VCR or DVD;
    5. (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. (6) six shampoo bowls and six shampoo chairs;
    7. (7) eight heat processors or hand-held hair dryers;
    8. (8) one heat cap or therapeutic light;
    9. (9) eight dozen cold wave rods;
    10. (10) three electric irons, or marcel stoves and irons;
    11. (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. (12) twelve mannequins with sufficient hair with table or attached to styling stations;
    13. (13) one day/date formatted computer time clock;
    14. (14) one pair of professional hand clippers;
    15. (15) three professional hand held dryers;
    16. (16) four manicure tables and four stools;
    17. (17) a suitable receptacle for used towels/linen;
    18. (18) four covered trash cans in lab area;
    19. (19) one large wet disinfectant soaking container;
    20. (20) a clean, dry, debris-free storage area;

    21. (21) if teaching facial courses:

        1. (A) facial chair;
        2. (B) magnifying lamp;
        3. (C) woods lamp;
        4. (D) dry sanitizer;
        5. (E) steamer;
        6. (F) brush machine for cleaning;
        7. (G) vacuum machine that includes spray device;
        8. (H) high frequency for disinfection, product penetration, stimulation;
        9. (I) galvanic for eliminating encrustations, product penetration ;
        10. (J) paraffin bath and paraffin wax; and
    22. (22) if providing manicure or pedicure nail services, a department-approved sterilizer.
19. (s) Cosmetology establishments shall display in the establishment, in a conspicuous place clearly visible to the public, a copy of the establishment's most recent inspection report issued by the department.

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; amended to be effective August 1, 2006, 31 TexReg 5952.