(a) All applicants for an individual LHR certificate shall:
  (1) complete an application on department approved forms;
  (2) submit the applicable fee(s) specified under §118.80;
  (3) successfully pass a criminal history background check.
(b) Laser Hair Removal Professional Certificate Requirements. An applicant for a LHR professional certificate shall meet the following requirements:
  (1) be certified by a certifying entity approved by the department pursuant to §118.50;
  (2) meet the requirements for a senior LHR technician certificate in accordance with this chapter; and
  (3) pass a department approved examination pursuant to §118.50.
(c) Senior Laser Hair Removal Technician Certificate Requirements. An applicant for a senior LHR technician certificate shall meet the following requirements:
  (1) meet the requirements for a LHR technician certificate in accordance with this chapter; and
  (2) have directly supervised at least 100 LHR procedures within 12 months, as audited by a LHR professional. An individual shall not supervise LHR procedures without audit by a LHR professional until:
    (A) 100 LHR procedures within 12 months have been directly supervised, as audited by a LHR professional; and
    (B) an individual senior LHR technician certificate has been issued by the department in accordance with this chapter.
(d) Laser Hair Removal Technician Certificate Requirements.
  (1) An applicant for a LHR technician certificate shall meet the following requirements:
    (A) meet the requirements for a LHR apprentice-in-training certificate in accordance with this chapter; and
    (B) have performed at least 100 LHR procedures within 12 months under the direct supervision of a senior LHR technician or a LHR professional.
  (2) An individual shall not perform LHR procedures unsupervised until:
    (A) 100 LHR procedures within 12 months have been performed under the direct supervision of a senior LHR technician or LHR professional; and
    (B) an individual LHR technician certificate has been issued by the department.
(e) Laser Hair Removal Apprentice-in-Training Certificate Requirements.
  (1) An applicant for a LHR apprentice-in-training certificate shall meet the following requirements:
    (A) have at least 24 hours of training in:
      (i) LHR device safety;
      (ii) laser physics;
      (iii) skin typing;
      (iv) skin reactions;
      (v) treatment protocols;
      (vi) burns;
      (vii) eye protection;
      (viii) emergencies; and
      (ix) post-treatment protocols;
    (B) have an additional 16 hours of training in:
      (i) cardio-pulmonary resuscitation (a valid cardio-pulmonary resuscitation certificate may be used to satisfy up to 8 hours of the training required by this subparagraph);
      (ii) review of client's pre-existing conditions to determine if consultation with a consulting physician is needed for possible diagnosis or treatment;
      (iii) review of client's previous hair removal procedures by another modality;
      (iv) review of client's current medications to determine if any medications need to be brought to the attention of the consulting physician based on established protocols;
      (v) proper signage and posting;
      (vi) use of a LHR device; and
      (vii) anesthesia used in conjunction with LHR procedures.
    (C) shall not perform LHR procedures unless under the direct supervision of a senior LHR technician or a LHR professional; and
    (D) shall be at least 18 years of age.
  (2) Training required by this section shall be obtained from a department approved training program registered with the department in accordance with the following:
    (A) A department approved training program is defined as a radiation service in accordance with 22 TAC §289.226(b).
    (B) A radiation service shall be registered in accordance with 22 TAC §289.226(j).
    (C) A training program specified in this section shall meet the requirements of 22 TAC §289.226(a), (j)(1), (j)(2), (j)(3)(C), (k), (l), (m)(1)(A), (m)(4) - (7), (o) - (r), and (t)(1)(A).
    (D) For purposes of this section, the responsibilities of a radiation safety officer specified in 22 TAC §289.226(j) may be fulfilled by a LSO.
  (3) Training programs must apply on a department approved application for approval and must comply with all education requirements set out in this chapter.
  (4) An application submitted to the department for approval shall include the following:
    (A) course syllabus, including topics covered and time allotted for each topic;
    (B) qualifications of instructors;
    (C) verification that exam(s) are administered to assess the student's knowledge of material presented;
    (D) the criteria for successful completion of the course;
    (E) a copy of the certificate that will be issued upon successful completion of the training program; and
    (F) verification that the training program is in compliance with applicable state laws, including Texas Education Code, Chapter 132.
(f) Each individual LHR certificate issued in accordance with this chapter shall be subject to the applicable provisions of the Act and to the applicable rules and orders of the department.
(g) No individual LHR certificate issued or granted under this chapter shall be transferred, assigned, or in any manner disposed of, either voluntarily or involuntarily, to any person.

Source Note: The provisions of this §118.33adopted to be effective November 1, 2017, 42 TexReg 4815