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Texas Body Art Sterilization Guidelines

H.B. No. 1304

AN ACT

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.

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