relating
to sanitation requirements for certain barbering and cosmetology services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section
1601.506, Occupations Code, is amended by adding Subsections (e) and (f) to read
as follows:
(e) A person who holds a license, certificate, or permit issued
under this chapter and who performs a barbering service described by Section 1601.002(1)(E)
or (F):
(1) shall, before performing the service, disinfect and sterilize
with an autoclave or a dry heat, ultraviolet, or other board-approved sterilizer
each nondisposable instrument used to
perform the service; and (2) may use
a disposable supply or instrument only if
that supply or instrument is purchased
at the location where the service is performed or provided by the person on whom
the service is performed.
(f) The owner or manager of a barbershop, specialty
shop, or barber school is responsible for providing an autoclave or a dry heat,
ultraviolet, or other board-approved sterilizer for use in
the shop or school
as required by Subsection (e). An autoclave or a dry heat, ultraviolet, or other
board-approved sterilizer used as required by Subsection (e) must be:(1) registered
and listed with the federal Food and Drug Administration; and (2) used in accordance
with the manufacturer's
instructions.
SECTION 2. Subchapter I, Chapter
1602, Occupations Code, is amended by adding Section 1602.408 to read as follows:
Sec. 1602.408. SANITATION REQUIREMENTS FOR CERTAIN SERVICES. (a) A person who
holds a license, certificate, or permit issued under this chapter and who performs
a cosmetology service described by Section 1602.002(10) or (11):
(1) shall,
before performing the service, disinfect
and sterilize with an autoclave or
a dry heat, ultraviolet, or other commission-approved sterilizer each nondisposable
instrument used to perform the service; and (2) may use a disposable supply or
instrument only if that supply or instrument is purchased at the location where
the service is performed or provided by the person on whom the service is performed.
(b) The owner or manager of a beauty shop, specialty shop, or beauty culture school
is responsible for providing an autoclave or a dry heat, ultraviolet, or other
commission-approved sterilizer
for use in the shop or school as required by
Subsection (a). An autoclave or a dry heat, ultraviolet, or other commission-approved
sterilizer used as required by Subsection (a) must be:
(1) registered and
listed with the federal Food and Drug Administration; and
(2) used in accordance
with the manufacturer's instructions.
SECTION 3. This Act takes effect January
1, 2006.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify
that H.B. No. 1304 was passed by the House on April
19, 2005, by a non-record
vote; and that the House concurred in
Senate amendments to H.B. No. 1304 on
May 18, 2005, by a non-record
vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1304
was passed by the Senate, with
amendments, on May 17, 2005, by the following
vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor
