The Barbering and Cosmetology Act


The Barbering and Cosmetology Act
Table of Contents

Article 1. Administration

7301. Citation of Chapter
7302. Definitions
7303. Control of Director
7303.1 Public Protection
7305. Annual Election of Officers
7309. Principal Office and Branch Offices
7311. Seal
7312. Powers and Duties of the Board
7313. Access to and Inspection of Establishments, Mobile Units, and Schools; Notices of Violation
7314. Recordkeeping
7314.3. Health and Safety Advisory Committee
7314.5. Promotion of Physical and Sexual Abuse Awareness
7315. Quorum

Article 2. Application of Chapter

7316. Practice of Barbering; Practice of Cosmetology
7317. Practice of Barbering, Cosmetology, or Electrolysis for Compensation Without License
7318. Exception for Practice Outside Licensed Establishment Due to Illness or Incapacitation
7319. Persons Exempt From Chapter
7319.5 Exemption for Students
7319.7. Requirement to Act on Physical, Sexual Abuse Information
7320. Authority to Practice Medicine or Surgery
7320.1 Use of Metal Instruments in Providing Manicure or Pedicure
7320.2 Illegal Use of X-ray Appliance
7320.3 Representation as Cosmetologist
7320.4 Representation as Barbers
7320.5 Use of Lasers

Article 3. Qualifications for Examination

7321. Cosmetologists Admitted to Examination
7321.5 Barbers Admitted to Examination
7322 Qualifications for Admittance to Take Hairstylist Exam
7324. Estheticians Admitted to Examination
7326. Manicurists Admitted to Examination
7330. Electrologists Admitted to Examination
7331. Credit for Out-of-State Practice, Study, or Training

Article 4. Apprenticeship

7332. "Apprentice"
7333. Conduct of Apprentice Training Program
7334. Persons Licensed as Apprentices in Barbering, Cosmetology, Skin or Nail Care, or Electrolysis
7335. Expiration of Apprentice's License
7336. Conditions Under Which Apprentice May Practice

Article 5. Examinations

7337. Formal Requirements of Application; Fee
7338. Contents of Examination
7340. Preparation, Administration, and Grading of Examinations
7341. Mailing of Total Grade Received on Failed Examinations
7342. Issuance of Licenses
7344. Contract for Examination Facilities
7345. Abandonment of Application and Forfeiture of Fee

Article 6. Establishments

7346. "Establishment"
7347. Application for License to Operate Establishment
7348. Establishment to be in Charge of Licensee
7349. Employment of Unlicensed Persons
7349.1 Misleading Use of Barber Pole as Unfair Business Practice
7350. Use of Portion of Establishment for Residential Purposes
7351. Provision and Maintenance of Adequate Facilities
7352. Handwashing Facilities
7353.4. Workplace Rights and Wage and Hour Laws Notice

Article 7. Mobile Units

7354. "Mobile Unit"
7355. Application for License
7356. Application to Transfer Ownership or Control
7357. Compliance with Regulations
7358. Mobile Unit to be in Charge of Licensee
7359. Employment of Unlicensed Persons
7360. Use of Portion of Mobile Unit for Residential Purposes
7361. Application of Provisions of Chapter

Article 8. Schools, Instructors, and Curricula

7362. "School Approved by Board"
7362.1. Requirements of School of Cosmetology Approved by Board
7362.2. Requirements of School of Barbering Approved by Board
7362.3 Requirements of School of Electrology Approved by Board
7362.5 Hours of Practical Training and Technical Instruction
7363 Hairstylist Course; Hours of Practical Training
7364. Skin Care Course; Hours of Practical Training
7365. Nail Care Course; Hours of Practical Training
7366. Electrolysis Course; Hours of Practical Training
7367. Transfer of Credits
7368. Designation of Service Offered by School as Student Work
7389. Health and Safety Course on Hazardous Substances
7389.5. Barbering or Cosmetology Course Established by Federal or State Correctional Institutions in State
7395.1. Students as Externs in Cosmetology Establishments
7395.2. Barbering School Students as Externs in Establishments

Article 9. (Reserved)

Article 10. Licenses

7396. Form and Content of License
7396.5 Probationary License
7397. Display of License
7398. Duplicate License
7399. Temporary License
7400. Notification of New Address
7401. Information Required to be Reported to Board Upon License Renewal; Board Report to Legislature
7402.5 Personal Service Permit

Article 11. Disciplinary Proceedings

7403. Revocation, Suspension, or Denial of License
7403.2 Temporary Suspension of License; Probationary Term; Reinstatement
7403.5 Closing of Establishments With Health and Safety Violations
7404. Grounds for Disciplinary Action
7404.1 Violation of Chapter
7405. "Conviction"; Effect on License

Article 12. Administrative Fines and Citations

7406. Assessment of Administrative Fines for Violations
7407. Schedule of Administrative Fines
7407.1. Fines Assessed to Both Establishments, Individuals for Same Violation
7408. Citations
7408.1. Installment Payment Plan
7409. Correction of Violation
7410. Appeal to Disciplinary Review Committee
7411. Appeal of Decision by Disciplinary Review Committee
7413. Timeliness of Appeal; Finality of Decision
7414. Effect of Failure to Pay Administrative Fines

Article 12.5. Tanning Facilities

7414.1 Inspection of Records Required to be Kept Under Filante Tanning Facility Act of 1988
7414.2 Circumstances Under Which Violation of Filante Tanning Facility Act of 1998 is Infraction; Punishment
7414.3 Authority to Issue Notice of Appear; Liability for Issuance
7414.4 Dissemination of Information to Facilities Regarding Compliance with Filante Tanning Facility Act of 1988
7414.5 Applicability of Article
7414.6 Adoption of Regulations

Article 13. Revenue

7415. Expiration of Licenses
7417. Renewal Period for Expired License
7418. Canceled License
7419. Renewal of Suspended License
7420. Expiration of Revoked License
7421. Fees
7422. Report to Controller Regarding Fees
7423. Fee Schedule Relating to Individual Practice
7424. Fee Schedule Relating to Operation of Establishment
7425. Fee Schedule Relating to Operation of Mobile Unit
7426. Fee For Duplicate License
7426.5 Division of Fees into Categories Based on Processing Functions; Forfeiture of all or Part of Fee
7427. License Renewal Fee Waiver


Chapter 1. General Provisions

475. Applicability of Division
476. Exemptions
477. "Board"; "License"
478. "Application"; "Material"

Chapter 2. Denial of Licenses

480. Grounds for denial; Effect of obtaining certificate of rehabilitation
480.5. Application for Licensure: Incarceration
481. Crime and Job-Fitness Criteria
482. Rehabilitation Criteria
484. Attestation to Good Moral Character of Applicant
485. Procedure Upon Denial
486. Contents of Decision or Notice
487. Hearing; Time
488. Hearing request
489. Denial of Application Without a Hearing

Chapter 3. Suspension and Revocation of Licenses

490. Grounds for Suspension or Revocation
490.5. Suspension of License for Failure to Comply with Child Support Order
491. Procedure Upon Suspension or Revocation
492. Effect of Completion of Drug Diversion Program on Disciplinary Action or Denial of License
493. Evidentiary Effect of Record of Conviction of Crime Involving Moral Turpitude
494. Interim Suspension or Restriction Order
494.5. Agency Actions when Licensee is on Certified List; Definitions: Collections and Distribution of Certified List Information; Timing; Notices; Challenges by Applicants and Licensees; Release Forms; Interagency Agreements; Fees; Remedies; Inquiries and Disclosure of Information; Severability
494.6. Labor Code Violations – Basis for License Discipline

Chapter 4. Public Reprovals

495. Public Reproval of Licentiate or Certificate Holder for Act Constituting Grounds for Suspension or Revocation of License or Certificate; Proceedings

Chapter 5. Examination Security

496. Grounds for Denial, Suspension, or Revocation of License
498. Fraud, Deceit or Misrepresentation as Grounds for Action Against License
499. Action Against License Based on Licentiate's Actions Regarding Application of Another