As a licensed barber or cosmetologist, you must follow all the rules and laws that apply to your profession. A complaint against your license can result in disciplinary proceedings against you, which can lead to negative repercussions for your license and your career. Therefore, if you find yourself in this situation, you should take steps to protect your license by enlisting the help of an experienced barber and cosmetologist license defense lawyer.
The Texas Department of Licensing & Regulation (TDLR) is the state agency that licenses barbers and cosmetologists. TDLR also takes complaints about barbers and cosmetologists, investigates those complaints, and pursues disciplinary action where warranted.
TDLR Implements Rules Changes to the Barber and Cosmetology Licensing Programs
The state legislature consolidated the barber and cosmetology licensing programs in 2021 by passing House Bill 1560. The major reason for this consolidation was that barbers and cosmetologists performed many of the same services but were subject to different sets of rules.
In response to the consolidation of these two programs, the TDLR adopted major rule changes in December 2022. These rules took effect on January 1, 2023.
Changes to the Cosmetology Licensing Program
The rule changes that affect the cosmetology licensing program differ according to the type of license that individuals hold. For instance, the requirements for a cosmetology operator license will remain relatively the same. However, beginning September 1, 2023, cosmetology operators will not be required to have a high school diploma or GED. Furthermore, beginning September 1, 2025, the four hours of continuing education required for license renewal must include one hour of education concerning human trafficking prevention. These same changes also apply to estheticians, eyelash extension specialists, hair weaving specialists, manicurists, and manicurists/estheticians.
If you are a cosmetology instructor, you will receive a renewal license that permits you to continue providing services within your license’s scope. Additionally, if you are a cosmetology student, you will receive a student permit that is the same as a barber student. TDLR will no longer distinguish between cosmetology and barber students.
Changes to the Barber Licensing Program
As with the cosmetology licensing program, changes to the barber licensing program largely depend on the type of license individuals hold. For example, the age limit for a Class A barber changed from 16 to 17, and barbers are no longer allowed to use alcohol as a disinfectant. In addition, class A barbers will be required to complete one hour of continuing education on human trafficking prevention as part of the four hours of continuing education required for license renewal.
The new rules also bar barber-technicians, hair weaving specialists, hair-weaving/barber-technicians, manicurists, and manicurist/barber-technicians from using alcohol as a disinfectant. They also require that these licensees complete an hour of continuing education on human trafficking prevention for license renewal. Some licenses also have minor changes in the scope of the duties that they can perform.
Finally, barber instructors also will receive renewal licenses from TDLR that allow them to continue to provide services within the scope of their licenses. In addition, as noted above, barber students will receive the same student permits as cosmetology students.
Potential Sanctions for Cosmetologists and Barbers in Disciplinary Proceedings
Sanctions for both cosmetologists and barbers who face disciplinary proceedings for violations of the rules or laws that pertain to them are divided into Classes A through H based on severity. Violations in each class have the potential for a range of sanctions, which increase with the number of violations the individual commits. These classes and accompanying sanction ranges are as follows:
First Violation Second Violation Third Violation
- Class A $100 $300 – $500 $700 – $900
- Class B $200 $400 – $600 $800 – $1,000
- Class C $300 $500 – $800 $1,000 – $1,300 and/or
up to 6-month full suspension
- Class D $500 $800 – $1,200 $1,500 – $1,900 and/or
up to 6-month full suspension
- Class E $1,000 $1,500 – $2,000 $2,500 – $3,000 and/or
up to 1-year full
suspension
- Class F $1,500 $2,000 – $2,500 $3,000 to $3,500 and/or
up to 1-year full
suspension to
revocation
- Class G $2,000 $3,000 – $5,000 $4,000 to $5,000 and/or
1-year full suspension
up to revocation
- Class H Revocation Revocation Revocation and/or
and/or $3,000- and/or $4,000- $5,000
$5,000 $5,000
Class A violations include posting and public information violations, administrative violations, and minor facility, equipment, and sanitation violations. Class B violations consist of sanitation and public health violations. In contrast, Class C violations consist of more serious administrative violations, advertising violations, practicing without proper license or inspection, and some sanitation and public health violations.
Class D violations include facility violations and increasingly severe sanitation and public health violations concerning the following:
- Hair cutting, styling, treatment, and shaving services
- Manicure and pedicure services
- Esthetician, temporary hair removal, and eyelash extension application services
- Wig and hairpiece services
- Hair weaving and hair braiding services
Other Class D violations include recordkeeping violations concerning foot spas, foot basins, and spa liners.
Class E violations include various sanitation violations concerning estheticians, temporary hair removal, eyelash extension application, manicure, and pedicure services. Class F violations include more serious administrative violations, unlicensed activity, and sanitation and public health violations.
Finally, Class G and Class H violations are the most severe violations with the greatest potential penalties. Class G violations involve extremely serious sanitation and public health violations, including those concerning blood and bodily fluids. Class H violations include the following:
- Engaging in fraud or deceit in obtaining a certificate, license, or permit;
- Failing to comply with a previous order of the Commission/Executive Director; and
- Using or providing unauthorized assistance in connection with an examination.
Find Out More About How to Best Handle Your Disciplinary Proceedings
We want to help put you in the best position to protect your barber or cosmetologist license. As a result, you need immediate legal representation to defend your license from these potentially severe consequences. At Bertolino LLP, we offer experienced barber and cosmetologist license defense services for those facing disciplinary action. Contact us today by calling (512) 515-9518 or looking us up online. We can analyze the circumstances that led to the complaint against you and determine the right legal strategy for you.
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