Professional License Defense Lawyers Austin & Throughout Texas

Penalties for Sanitation Violations – Texas Cosmetologists

Texas professional license defense attorneyIn Texas, Cosmetologists and businesses that offer cosmetology services are regulated by the Texas Department of Licensing and Regulations (TDLR). Cosmetology includes professional skills in hair care, skincare, cosmetics, manicures and pedicures, and certain hair removal services.

Individual cosmetologists and cosmetology establishments are required to be licensed by the TDLR. Violation of the Rules pertaining to the TDLR's cosmetology program can lead to the imposition of administrative sanctions and/or administrative penalties. 16 Tex. Admin. Code §83.90.

Texas Cosmetologist Penalties and Sanctions

There are a number of penalties and sanctions that may be imposed on cosmetologists for various violations of the Texas Occupations Code and Texas Administrative Code. Violations range in severity from Class A, less serious, to Class I, the most serious violations. Each successive violation of the same nature increases the amount of administrative fine that can be imposed.

Penalties for Sanitation Violations – Texas Cosmetologists

Cosmetology sanitation violations fall under different Classes and carry different penalties and sanctions depending on the Class designation and severity of the violation. Sanitation violations range from Class B to Class G.

The following are a few sanitation violations and possible sanctions. A full list of all violations can be viewed here.

Class B:

  • First Violation: $600
  • Second Violation: $900 to $1,200
  • Third Violation: $1,500 to $2,000
    • Sanitation and Public Health Violations
      • Failure to thoroughly clean floors in cosmetology establishments each day §102(h).
      • Failure to sweep up and deposit hair cuttings in a closed receptacle after each hair cut 83.102(h).
      • Failure to have foot spa and foot basin chair made of or covered in a non-porous material that can be disinfected §108(n).
      • Storing chemical supplies in restroom §114(e).
      • Allowed animals in establishment83.114(i).

Class C:

  • First Violation: $1,000
  • Second Violation: $1,300 to $1,600
  • Third Violation: $1,900 to $2,400
    • Sanitation and Public Health Violations
      • Failure to disinfect shampoo bowls and manicure tables prior to use for each client §102(g).
      • Failure to store non-cosmetology related supplies in separate drawers or locations §102(f).
      • Failure to clean and disinfect foot spa or foot basin chair after providing service to each client 108(n).

Class D:

  • First Violation: $1,500
  • Second Violation: $1,800 to $2,100
  • Third Violation: $2,400 to $2,900 and/or up to 6-month full suspension
    • Sanitation and Public Health Violations
      • Failure to use clean towels on each client §102(k).
      • Failure to discard single-use equipment, implements, tools, or porous items after use on a single client §102(d).
      • Using isopropyl or ethyl alcohol of an incorrect concentration for disinfection §101(c)(1).
    • Sanitation Violations – Hair Cutting, Styling, Treatment and Shaving Services
      • Failure to properly clean and disinfect hair cutting, styling and treatment equipment, implements, tool, and materials prior to servicing each client §§103(b), 83.101(a), 83.102(a) & (c).
      • Failure to wipe required implements after each client with a clean paper or fabric towel and spray with either an EPA-registered disinfectant, alcohol, or bleach solution §§103(c), 83.101(a), 83.102(a) & (c).
    • Sanitation Violation – Manicure and Pedicure Services
      • Failure to clean the areas of the client's body on which a manicure or pedicure service is to be administered §106(b).
      • Failure to clean or replace buffing bits and chamois between clients or to clean with soap and water at the end of each day §107(d).
      • Failure to discard buffer blocks or porous nail files in a trash receptacle after exposure to broken skin or unhealthy skin or nails §106(f).
    • Sanitation Violation – Esthetician, Temporary Hair Removal, and Eyelash Extension Application Services
      • Failure to clean the areas of the client's body on which the temporary hair removal service is to be administered §105(b).
      • Failure to wear gloves when performing an extraction §104(a).
    • Sanitation Violation – Wig and Hairpiece Services
      • Failure to properly clean and disinfect wig and hairpiece equipment, implements, tools, and materials prior to servicing each client §§109(b), 83.101(a), 83.102(a) & (c).
      • Failure to wipe certain implements clean with clean paper or fabric towel and spray with an EPA-registered disinfectant, alcohol, or bleach solution after each client §§109(c), 83.101(a), 83.102(a) & (c).
      • Failure to spray a used wig block with EPA disinfectant after each use and keep separate in a plastic bag in a sanitized condition §109(g).
    • Sanitation Violation – Hair Weaving and Hair Braiding Services
      • Failure to properly clean and disinfect hair weaving and hair braiding equipment, implements, tools, and materials prior to servicing each client §§110(b), 83.101(a), 83.102(a) & (c).
      • Failure to store hair extensions, tracks, needles, and thread in a bag or covered container until ready to use; storing unrelated items in the same bag or container §110(c).

Class E:

  • First Violation: $2,000
  • Second Violation: $2,400 to $2,800 and/or up to 6-month full suspension
  • Third Violation: $3,200 to $2,700 and/or up to 1-year full suspension
    • Sterilization and Sanitation Equipment Violations
      • Failure of manager or owner of a school offering esthetician curriculum to provide an autoclave or adry heat-sterilizer, or an ultraviolet sanitizer §§352(b), 83.72(t)(11)(A).
      • Failure of school offering operator curriculum to provide a dry sanitizer §72(t)(9)(L) or a wet sanitizer §83.72(t)(9)(M).
      • Failure of school offering esthetician curriculum to provide a dry sanitizer 72(t)(10)(D) or a wet sanitizer 83.72(t)(10)(M).
    • Sanitation Violations – Esthetician Services
      • Failure to properly clean and disinfect facial equipment, implements, tools, and materials after servicing each client §§104(b), 83.101(a), 83.102(a) & (c).
      • Failure to discard single-use items in a trash receptacle after use §104(e).
    • Sanitation Violations – Temporary Hair Removal Services
      • Failure to dispose of after each, use all products or single-use items that have been in contact with a client's skin §105(c).
    • Sanitation Violations – Eyelash Extension Application Services
      • Failure to properly clean and disinfect equipment, implements, and materials prior to providing services §§115(b), 83.101(a), 83.102(a) & (c).
      • Failure to discard required single-use items in a trash receptacle after each use §115(e).
      • Failure to replace required items with clean items §115(f).
    • Sanitation Violations – Manicure and Pedicure Services
      • Failure to clean, disinfect, and sterilize or sanitize manicure and pedicure implements after each use §§106(d), 83.101(a), 83.102(a) & (c).
      • Failure to discard orangewood sticks, cotton balls, nail wipes, and disposable towels after single use §106(e).

Class F:

  • First Violation: $2,500
  • Second Violation: $2,900 to $3,200 and/or up to 1-year full suspension
  • Third Violation: $3,700 to $4,200 and/or up to 1-year full suspension up to revocation
    • Sterilization and Sanitation Equipment Violations
      • Failure to wash hands with soap and water, or use a liquid hand sanitizer, prior to performing any services on a client §§103(a), 83.104(a), 83.105(a), 83.106(a), 83.109(a), 83.110(a).
      • Failure to provide a dispensary which includeshot and cold running water §§72(t)(5), 83.102(j).
    • Sanitation Violations – Foot Spas, Foot Basins, and Spa Liners
      • Failure to clean and disinfect whirlpool foot spas as required after use by each patron, specifically §108(b):
        • Failure to drain all water and remove all debris from spa basin.
        • Failure to clean spa basin with soap or detergent and water.
        • Failure to disinfect spa basin with an EPA-registered disinfectant.
        • Failure to wipe spa basin dry with a clean towel.
      • Failure to clean and sanitize whirlpool foot spas as required at the end of each day, specifically §108(c):
        • Failure to remove the screen or other removable parts and remove all trapped debris.
        • Failure to wash screen and inlet or other removable parts with soap or detergent and water.
        • Failure to wash the screen with correct chlorine bleach solution or immerse in an EPA-registered disinfectant before replacing the screen or other removable parts.
        • Failure to flush the spa system with soap and warm water for at least ten (10) minutes and/or failure to rinse and drain afterwards.
      • Failure to clean and disinfect whirlpool foot spas as required on a bi-weekly basis, specifically §108(d):
        • Failure to completely fill spa basin with correct chlorine bleach solution.
        • Failure to flush spa system with a chlorine bleach solution or EPA-registered disinfectant for 5 to 10 minutes and/or failure to allow to sit for 6 to 10 hours afterward.
        • Failure to drain and flush with water before use by a patron.

Class G:

  • First Violation: $3,000
  • Second Violation: $3,500 to $4,000 and/or up to 18-month full suspension
  • Third Violation: $4,500 to $5,000 plus 18-month full suspension up to revocation
    • Sanitation and Public Health Violations
      • Working while knowingly suffering from an infection or animal parasites or an infectious/communicable disease for which the person is not entitled to protection under the federal Americans with Disabilities Act of 1990 (ADA) §406(a), §1603.401(2).
      • Performing services on a client the licensee has reason to believe has a contagious condition such as head lice, nits, ringworm, conjunctivitis; or inflamed, infected, broken, raised or swollen skin or nail tissue; or an open wound or sore in the area to be serviced §102(b).
      • Engaging in gross malpractice §401(1).
    • Sanitation Violations – Blood and Body Fluids
      • Failure to apply powdered alum, styptic powder, or a cyanoacrylate to an open wound with a disposable cotton-tipped instrument §111(a).
      • Failure to immediately use an approved disinfectant to clean blood or body fluids from a surface area §§111(b), 83.101(c)(2).
      • Failure to immediately double-bag and discard in a closed trash container or biohazard box a porous instrument contacted by blood or body fluid §111(d).

As you can see, cosmetology sanitation violations can come with hefty fines and license suspension or revocation, depending on the severity of the violation and how many times an individual or establishment has been cited for the same violation.

Again, the above list is a brief overview of the sanitation violations for which Texas cosmetologists and cosmetology establishments may be penalized. A full list of all violations can be viewed here.

Professional License Defense

BERTOLINO LLP provides aggressive advocacy for professionals and businesses who are licensed by the Texas Department of Licensing and Regulations, including cosmetologists and cosmetology establishments.

With offices in Austin, Houston, and San Antonio, we serve clients all over the state. We know how to build a strong case to protect your license - and your livelihood.  Our results speak for themselves!

Contact us today or call (800) 210-0126 and schedule a case evaluation.

Our law firm helps professionals, like you, keep their licenses when those licenses are under attack by a state agency or board.

Follow BERTOLINO LLP on Facebook!

View free videos & subscribe to our YouTube channel!

Get a copy of Tony R. Bertolino's #1 Bestselling book When Your License is Under Attack: A Survival Guide for Texas Professionals in hardcover or for Kindle here.

Categories: Posts

Attorney Tony R. Bertolino is the Managing Partner with Bertolino LLP. Our law firm has been able to help people across the state of Texas. If you need an experienced lawyer to represent you, contact Bertolino LLP today.

Bertolino LLP
Super Lawyers Rising Star American Bar Association Defending Liberty Pursuing Justice State Bar of Texas Pro Bono College Super Lawyers New York State Bar Association Houston Bar Association Austin Bar Association American Center for Law and Justice Law Firm 500 10.0Tony Ray Bertolino

Each icon can be clicked for a direct link to verifiable, objective data, substantiating the accolades and designations above