Agency Name:

Texas State Board of Barber Examiners

Date of Meeting:

11/05/2002

Time of Meeting:

09:00 AM (Local Time)

Board:

TEXAS STATE BOARD OF BARBER EXAMINERS

Committee:

TEXAS STATE BOARD OF BARBER EXAMINERS

Status:

Active

Street Location:

5717 BALCONES DRIVE SUITE 217

City Location:

AUSTIN

Meeting State:

TX

TRD:

2002009864

Submit Date:

10/23/2002

Emergency Meeting?:

No

Additional Information Obtained From:

Dr. Douglas A. Beran, Executive Director
Texas State Board of Barber Examiners
5717 Balcones Drive Suite 217
Austin, Texas 78731
douglas.beran@tsbbe.state.tx.us

Agenda:

CALL TO ORDER: 9:00 A.M.

ROLL CALL/DECLARATION OF QUORUM

OPEN SESSION:

1. Pursuant to Chapter 551 of the Texas Government Code, call to order and roll call by
William H. Kuykendall, J. D., Chairman, Texas State Board of Barber Examiners (TSBBE).

2. Recognize Board Member Janie C. Garza for her appointment to the Council on Occupational Education.

3. Recognize J. L. Dyer upon his retirement at age 69 after more than 47 years of service to the barber profession and community. Recognize Concepcion Cortez at age 82 for more than 54 years of service to the barber profession and community.

4. Public comment.

5. Consider and possibly approve Board Minutes of September 9, 2002.

6. Consider for possible action Proposals for Decision from the State Office of Administrative Hearings (August 12, 2002) in disciplinary cases.

7. Consider for possible ratification the Agreed Orders in the Matter of Assessment of an Administrative Penalty Against Certain Licensees in Cases Brought for Informal Hearings before the Executive Director (September 16, 2002).

8. Consider the Agency's administrative fine report 08/01/2002 - 10/31/2002.

9. Consider for possible action the adoption of proposed amendments (shown by parentheses) to 51.141(5)(A):

The use of any blade or cutting tool for the purpose of removing (any or all) corns or calluses is considered a medical practice and is prohibited. (The possession or storage of any blade or cutting tool for the purpose as contemplated by the rule is prima facie evidence of use.)

10. Consider for possible action the adoption of proposed amendments to 51.3 Administrative Fines (in Board members' packets). The proposed amendments are pursuant to the recodification (Acts 1999, 76th Legislature, Chapter 388, effective September 1, 1999) of the former Texas Barber Law, Texas Civil Statutes, Article 8401 - Article 8407a into the Texas Civil Statutes, and the subsequent amendments to Chapter 1601 (Acts 2001, 77th Legislature Chapters 246 and 1420, effective September 1, 2001), and to update references to the Texas Occupations Code as the authority to issue administrative fines for practice and procedure violations.

11. Consider for possible action the adoption of a new rule 51.59 Student Violation Prior to the Examination:

A student who has been issued a citation for a violation of the Texas Occupations Code, Chapter 1601
or rules of the Barber Board may not take the examination for licensure until final resolution of the citation.

12. Consider for possible approval for publication and public comment the following proposed amendment to rule 51.93 Sanitation Rules for Barber Shops and Barber Schools and Colleges.

51.93(b)(5): Washing facilities to be provided. Every such establishment shall be provided with suitable and adequate washing facilities for barbering services. Sinks or wash basins must be of nonabsorbent material and properly trapped, with not less than one sink per three (rather than two) chairs.

13. Consider for possible approval an enforcement policy based upon an interpretation of Texas Occupations Code, Chapter 1601.267 Reciprocal License or Certificate and rule 51.84 Reciprocal Licensing Policy, which require "substantially equivalent" standards for Texas licensure.

14. Review administrative procedures concerning the renewal of licenses of individuals released from prison.

15. Consider for possible approval a policy that sets forth the fee the TSBBE shall collect from each barber school pursuant to 1601.3571 Barber School Tuition Protection Account.


16. Consider and review the Barber Board's proposed changes to the Texas Occupations Code, Chapter 1601 and 1601.303 that are in addition to those approved by the Board on August 6, 2002.

(a) Consolidate the following sections into one section [1601.301. Permit Required]:

1601.301 Permit Required
1601.302 Temporary Barbershop Permit
1601.310 Relocation of Specialty Shop
1601.503 Notification of Change of Location

(b) Consolidate the following sections into one section [1601.501. Display of Barbershop or Specialty Shop Permit]:

1601.311 Display of Specialty Shop Permit
1601.501 Display of Barbershop Permit

(c) Review proposed changes to 1601.303. Issuance of Barbershop Permit:

(a) The board shall issue a barbershop permit to an applicant if:
(1) the applicant holds a Class A barber certificate;
(2) the applicant has practiced barbering for at least 12 months and is an owner or practicing barbering at the shop; and
(3) the shop meets the minimum health standards for barbershops set by the board and all other rules of the board.
(b) If a barber is not the owner of the barbershop, the shop owner's name must also appear on the barbershop permit.

17. Consider a program proposed by Jimmy Wallace for teaching barbering to public school students.

18. As requested by Richard Bundy and Brad Bundy (Texas Barber College, Dallas and Houston), consider for possible approval an enforcement policy -- based upon an interpretation of the rule language shown below (in parentheses) -- that a student is not in good standing for license issuance if he/she has not paid the school for tuition, fees, tools, books, etc.

Rule 51.5 Good Standing Required for License Renewal

No license or permit shall be issued or renewed unless the licensee is in good standing with the Board. Good standing includes, (but is not limited to), compliance with Barber Law and Board Rules, no default on a student loan with the Texas Guaranteed Student Loan Corporation, no default on court ordered child support payments, and payment in full of all administrative penalties assessed against the licensee. The Executive Director has the discretion to waive the payment in full of all administrative penalties requirement for license renewal.

19. Status report from Mr. Ronald Brown on the review and revision to the student teacher written examination.

20. Consider a request from an applicant for a new school to be open four days a week (10 hours per day) rather than the traditional five days a week (8 - 9 hours per day).

21. Consider the agency's budget for 09/01/02 - 10/31/02.

22. Consider updates to TSBBE's web site (license verification and disciplinary action).

23. Consider the agency's response to Gov. Perry's request that state agencies inform him of the impact on their performance measures at 95% and 97% funding levels.