News & Information (see full articles at TDLR website)
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TDLR ISSUES NEW FRAUD ALERT TO COSMETOLOGY LICENSEES
Imposter Posing as TDLR Inspector in Houston Area Salons
AUSTIN - The Texas Department of Licensing and Regulation (TDLR) is alerting Texas cosmetology licensees to another scam targeting cosmetologists. TDLR has received reports of a man posing as a TDLR inspector to take money from cosmetologists in the Houston area.
According to these reports, the suspect falsely identifies himself as a TDLR inspector, steals items from salons and demands money for supposed license violations. He may even provide a receipt for the fake fines he collects.
The suspect is described as a short, clean-cut, heavy-set Hispanic male, approximately 40 years old. He wore a suit in previous incidents.
TDLR is aggressively pursuing this individual.
"TDLR will not allow unscrupulous people to take advantage of cosmetologists in Texas," says William Kuntz, Executive Director of TDLR. "This scam artist is impersonating a public official to steal from law abiding citizens. Once he is apprehended, we will seek punishment to the fullest extent of the law."
This is the second time TDLR recently warned of ploys to take money from Texas cosmetologists. Last week TDLR issued a fraud alert for deceptive mail requesting renewal fees.
A real TDLR inspector will never request or accept money under any circumstance while visiting a salon.
Real TDLR inspectors visiting a salon cannot and will not:
- accept payment of license fees
- request money for violations
- charge for copies of an inspection.
Real TDLR inspectors will:
- introduce themselves
- show their State of Texas employee ID card
- provide their contact information upon request
- provide their TDLR business card upon request
- provide a Proof of Inspection report before leaving
Cosmetologists in the Houston area should be sure to learn these signs so they can identify suspicious activity.
If you believe this individual has visited your salon or you have any concerns, please contact TDLR customer service at 800-803-9202 or CS.Cosmetologists@license.state.tx.us.
Please contact the police immediately if you encounter this individual.
Fraudulent notices about 'professional certification'
The Texas Department of Licensing and Regulation (TDLR) is warning all cosmetology licensees that mailed notices which appear to be from the National Cosmetology Association or Professional Certification Service regarding the expiration of a "professional certification" are a scheme to take your money. Upon careful examination of the notice you will see that it refers to a "certification renewal" and NOT your license renewal. That notice has nothing to do with your Texas Cosmetology license and you should not respond to it.
The Texas Department of Licensing and Regulation and the National Cosmetology Association are not connected to that notice and are not a party to it. If you have further questions concerning this rip-off please contact TDLR at 1-800-803-9202 or by email at CS.Cosmetologists@license.state.tx.us.
Statement from TDLR about applying false eyelashes, eyelash tabbing and eyelash extensions and whether a person must hold a cosmetology license in order to perform these procedures
The Texas Department of Licensing and Regulation received several inquiries about applying false eyelashes, eyelash tabbing and eyelash extensions and whether a person must hold a cosmetology license in order to perform these procedures.
TDLR concludes that all of these procedures require a cosmetology license if a person accepts compensation for the service.
Section 1602.002(7) of the Occupations Code defines cosmetology as "beautifying a person's face, neck, or arms using a cosmetic preparation, antiseptic, tonic, lotion, powder, oil, clay, cream or appliance". The Department interprets the terms "cosmetic preparation" and "appliance" to include false eyelashes. Based upon this interpretation, only licensed operators, instructors, facial instructors and facial specialists may perform the attachment of false eyelashes, eyelash tabbing and eyelash extensions. Eyelash tabbing may also be performed by wig specialists.
TDLR (October 2008) Statement on "Fish Pedicure" Procedure
The Texas Department of Licensing and Regulation (TDLR) received several inquiries about a procedure known as "fish pedicure" or "doctor fish." This procedure involves a customer placing his or her feet in a footbath in which fish eat dead skin cells on the customer's feet. The issue is whether cosmetology and barber establishments may offer this procedure in Texas.
TDLR concludes that this procedure is not permitted in Texas under TDLR's health and safety rules.
TDLR researched the health and safety aspects of the procedure, including seeking the opinion of officials at the Texas Department of State Health Services. Based on this research, we believe that the procedure poses an undue risk to public health and is not consistent with TDLR's health and safety rules at 16 Texas Administrative Code, Sections 82.100 - 82.114 (barber) and 83.100 - 83.114 (cosmetology). TDLR rules do not permit this procedure because the same fish are used on multiple customers and could transmit infectious diseases. Additionally, the use of live fish does not allow for the footbaths and the holding tank for the fish to be adequately cleaned and disinfected in accordance with the rules
Frequently Asked Questions Regarding HB2106, New Sterilization Requirements and Cosmetology Salon / School Inspections
1. What is an approved sterilizer?
Texas Occupations Code 1603.352 lists the three methods of approved sterilization; autoclave, dry heat, and ultraviolet light. These are the methods required to sterilize all metal manicure/pedicure instruments. The sterilizer must be listed with the FDA.
Comments from Cedtx - it should be noted that as of the publishing of this information on the TDLR website, FDA has informed TDLR that there are no FDA approved ultraviolet sterilizers. You will most likely receive a violation if your sterilizer is not FDA approved.
2. What establishments are required to have sterilizers?
Effective June 15, 2007, all Texas barber and cosmetology shops, salons and schools that provide manicure/pedicure services are required to sterilize all metal instruments with an autoclave, dry heat, or ultraviolet light sterilizer that is listed with the FDA.
3. What if I only use single-use instruments?
If a barber or cosmetology shop, salon, or school only utilizes single-use manicure/pedicure instruments, then the sterilization requirement would not apply.
4. Who is responsible for providing a sterilizer?
The owner or manager of a barber or cosmetology shop, salon or school that provides manicure/pedicure services is responsible for providing a department approved and FDA listed sterilizer for the sterilization of metal instruments.
5. How do I know what type of sterilizer will comply with the requirement?
The sterilizer must be listed with the FDA. Use this link - http://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfRL/listing.cfm - to find sterilizers that have been listed. In the field titled "product code," type "FLE" for autoclaves, "KMH" for dry heat sterilizers. This search will provide you with the current FDA listed sterilizers.