Texas § OC.1603.208 - DIGITALLY PREARRANGED REMOTE SERVICES

§ OC.1603.208. DIGITALLY PREARRANGED REMOTE SERVICES

DIGITALLY PREARRANGED REMOTE SERVICES. (a) In this section: (1) "Digital network" means any online-enabled application, Internet website, or system offered or used by a remote service business that allows a client to arrange for a digitally prearranged remote service. (2) "Digitally prearranged remote service" means a barbering or cosmetology service performed for compensation by a person holding a license under Subchapter E-1 that is: (A) prearranged through a digital network; and (B) performed at a location other than an establishment licensed under Subchapter E-2. (3) "Remote service business" means a corporation, partnership, sole proprietorship, or other entity that, for compensation, enables a client to schedule a digitally prearranged remote service with a person holding a license under Subchapter E-1. (b) The commission shall adopt rules to administer this section, including rules that: (1) set minimum standards for: (A) the operation of a remote service business; and (B) the sanitation requirements for performing a digitally prearranged remote service; (2) determine activities within the scope of barbering and cosmetology that may be performed as a digitally prearranged remote service; and (3) establish procedures for inspecting and auditing the records of a remote service business and of a person who performs a digitally prearranged remote service. (c) Sections 1603.2108 and 1603.2109 do not apply to a digitally prearranged remote service scheduled through a remote service business. (d) A person who holds a license to practice barbering or cosmetology and who performs a digitally prearranged remote service shall: (1) comply with this section and the rules adopted under this section; and (2) practice within the scope of the person's license. (e) A remote service business may not offer a barbering or cosmetology service that requires treating or removing a person's hair by: (1) coloring; (2) processing; (3) bleaching; (4) dyeing; (5) tinting; or (6) using a cosmetic preparation. (f) Before a person licensed to practice barbering or cosmetology performs a digitally prearranged remote service for a client requesting the service, a remote service business must provide through the entity's digital network: (1) the following information regarding the person who will perform the service: (A) the person's first and last name; (B) the person's license number; and (C) a photograph of the person; (2) the following information regarding the business: (A) Internet website address; and (B) telephone number; and (3) the department's Internet website address and telephone number and notice that the client may contact the department to file a complaint against the business or person. (g) Within a reasonable time after completion of a digitally prearranged remote service, the remote service business shall issue to the client who requested the service a receipt that includes: (1) the date the service was provided; (2) a description of the service; (3) the first and last name of the person who performed the service; (4) the person's license number; (5) the following information regarding the business: (A) Internet website address; and (B) telephone number; and (6) the department's Internet website address and telephone number and notice that the client may contact the department to file a complaint against the business or person. (h) A remote service business shall maintain each record showing compliance with this section and the rules adopted under this section until at least the fifth anniversary of the date the record was generated. (i) A remote service business shall terminate a person's access to the business's digital network if the business or department determines the person violated: (1) this chapter; or (2) a rule adopted under this chapter. Added by Acts 2019, 86th Leg., R.S., Ch. 1144 (H.B. 2847 ), Sec. 14.007, eff. September 1, 2019. Amended by: Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560 ), Sec. 3.17, eff. September 1, 2021. Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560 ), Sec. 3.18, eff. September 1, 2021.