You’ve worked hard to become a licensed barber or cosmetologist and build your clientele. Unfortunately, you are now facing a complaint against your license from a disgruntled customer. Even if the complaint is groundless, you must proactively protect your license and career. Contact a barber license defense attorney to help you with the complaint and any disciplinary proceedings before the Texas Department of Licensing & Regulation (TDLR).
Recent Changes to the Barber and Cosmetology Licensing Programs
The Texas legislature recently consolidated the licensing programs for barbers and cosmetologists. As a result, TDLR is still amending its rules to reflect and implement these legislative changes. The law requires that all changes to effectuate the consolidation occur no later than September 1, 2023.
The legislative changes and accompanying rules could change some requirements for obtaining and maintaining different types of cosmetology and barber licenses. Therefore, existing licensees should review these changes carefully to avoid violating these updated rules and laws.
Disciplinary Actions Against Barbers and Cosmetologists
Tex. Occ. Code §1603.401 provides that TDLR may suspend or revoke, or deny the renewal of a license or permit for a barber or cosmetologist for any of the following reasons:
- engaging in gross malpractice;
- knowingly continuing to practice while having an infectious or contagious disease;
- knowingly making a false or deceptive statement in advertising;
- advertising, practicing, or attempting to practice under another person’s name or trade name;
- engaging in fraud or deceit in obtaining a license or permit; or
- engaging in an act that violates this chapter or Chapter 51 or a rule or order adopted or issued under this chapter or Chapter 51.
Potential Sanctions Against Barbers and Cosmetologists
TDLR maintains a separate enforcement plan for the occupations it licenses and regulates, including barbers and cosmetologists. Each enforcement plan contains a matrix of violations and the administrative penalties and sanctions they carry. Although barbers and cosmetologists are subject to separate matrices, they are highly similar, except that a few violations differ that are specific to either one occupation or the other. However, the range of violations and potential penalties is essentially the same.
Violations of rules or laws that result in disciplinary sanctions against barbers and cosmetologists are divided into Classes A through H, depending on severity. Class A violations are the least severe, and Class H violations are the most severe. Penalties also increase within each class according to the number of previous violations a licensee has committed.
Class A and B violations result in administrative penalties or fines. However, a third or subsequent Class C, D, or E violation can result in a fine and up to a six-month license suspension. A third or subsequent Class F or G violation can result in a fine and a one-year license suspension up to revocation. Finally, any Class H violation can result in a fine and license revocation, even for a first offense.
Click to contact our professional license defense lawyers today
Get the Advice You Need About Your Cosmetologist License
When facing the potential loss of your career and ability to earn a living, you cannot take unwarranted risks. Handling such a challenging situation on your own can have disastrous results. A cosmetologist license defense lawyer at Bertolino LLP can look at your situation’s facts and determine the best strategy to protect your license. Call us today at (512) 515-9518 or get more information about us online.