This is a clone of the Texas Administrative Code (TAC) for educational purposes. It is not the official version and should not be used for legal purposes. Site created Wed, 21 May 2025 21:16:39 GMT
(a) A certifying entity shall meet the following requirements:(1) be a non-governmental organization such as a society, association, business, or school that has an interest in or whose members participate in, or have an interest in, the field of laser hair removal;(2) if a society or association, make its membership available to the general public nationwide that is not restricted because of race, color, religion, age, national origin or disability;(3) if a society or association, have a certification program open to nonmembers, as well as members;(4) be an incorporated, nationally recognized entity in good standing, that is involved in setting national standards of practice within its fields of expertise;(5) have an adequate staff, a viable system for financing its operations, and a policy- and decision-making review board;(6) have a set of written organizational by-laws and policies that provide adequate assurance of lack of conflict of interest and a system for monitoring and enforcing those by-laws and policies;(7) have a committee, whose members can carry out their responsibilities impartially, to review and approve their certification guidelines and procedures, and to advise the organization's staff in implementing the certification program;(8) have a committee, whose members can carry out their responsibilities impartially, to review complaints against certified individuals and to determine appropriate sanctions;(9) have written procedures describing all aspects of its certification program, maintain records of the current status of an individual's certification and the administration of its certification program;(10) have procedures to ensure that certified individuals are provided due process with respect to the administration of a certification program, including the process of becoming certified and any sanctions imposed against certified individuals;(11) have procedures for proctoring examinations, including qualifications for proctors. These procedures shall ensure that the individuals proctoring each examination are not employed by the same company or corporation (or a wholly-owned subsidiary of such company or corporation) as any of the examinees;(12) exchange information about certified individuals with the agency and other certifying entities and allow periodic review of its certification program and related records by the agency; and(13) provide a description to the agency of its procedures for choosing examination sites and for providing an appropriate examination environment.(b) To be approved by the department, a certification program shall meet the following requirements:(1) require applicants for certification to:(A) receive training in the topics specified in §118.33(e); and(B) satisfactorily complete a written examination covering these topics.(2) require applicants for certification to provide documentation that demonstrates that the applicant has:(A) received training in the topics specified in §118.33(e); and(B) satisfactorily completed a minimum period of on-the-job training.(3) include procedures to ensure that all examination questions are protected from disclosure;(4) include procedures for denying an application and revoking, suspending, and reinstating a certificate;(5) provide a certification period of not less than 3 years nor more than 5 years;(6) include procedures for renewing certifications and, if the procedures allow renewals without examination, require evidence of recent full-time employment and continuing education hours as required by this chapter; and(7) provide a timely response to inquiries from members of the public about an individual's certification status.(c) An examination administered or used by a certifying entity shall be designed to test an individual's knowledge and understanding of at least the topics specified in §118.33(e).