TITLE 16. ECONOMIC REGULATION
PART 2. PUBLIC UTILITY COMMISSION OF TEXAS
CHAPTER 24. SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS
SUBCHAPTER
F.
The Public Utility Commission of Texas (commission) adopts amendments to 16 Texas Administrative Code (TAC) §24.167 relating to Discontinuance of Service with no changes to the proposed text as published in the July 25, 2025 issue of the Texas Register (50 TexReg 4147). The rule will not be republished. Unamended §24.167 specified "[p]ayment by check which has been rejected for insufficient funds …" which leaves other forms of payment unaddressed. Similarly, the tariff forms had a "returned check charge" line item, but did not specify what happens if a customer's credit card or debit card payment is declined. The adopted rule removes the word "check" in reference to rejected payments to clarify that other forms of rejected payments are included. The amendment is adopted under Project No. 58270.
The commission received no comments in regard to this project and adopts the rule with no changes to the proposal.
Statutory Authority
The amendment is proposed under Texas Water Code (TWC) §13.001, which provides the commission jurisdiction over a water and sewer utility; §13.004, which provides the commission with jurisdiction over certain water supply or sewer service corporations; §13.041(b), which provides the commission with the authority to make and enforce rules reasonably required in the exercise of its powers and jurisdiction.
Cross reference to statutes: Texas Water Code §13.001, 13.004, and 13.041(b).
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on September 11, 2025.
TRD-202503231
Andrea Gonzalez
Rules Coordinator
Public Utility Commission of Texas
Effective date: October 1, 2025
Proposal publication date: July 25, 2025
For further information, please call: (512) 936-7244
PART 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION
CHAPTER 118. LASER HAIR REMOVAL
The Texas Commission of Licensing and Regulation (Commission) adopts new rules at 16 Texas Administrative Code (TAC), Chapter 118, Subchapter A, §§118.1 - 118.3; Subchapter B, §§118.10, 118.12, and 118.14; Subchapter C, §§118.20, 118.21, 118.27 - 118.29; Subchapter D, §118.30; Subchapter G, §118.60 and §118.61; Subchapter H, §118.70; and Subchapter I, §118.80 and §118.81; and adopts the repeal of existing rules at §§118.1 - 118.3, 118.10, 118.20, 118.30 - 118.35, 118.40, 118.50, 118.60, 118.61, 118.70, 118.71, 118.80, 118.90, 118.91, 118.100, and 118.110, with the addition of subchapters to an existing chapter, regarding the Laser Hair Removal program, without changes to the proposed text as published in the May 30, 2025, issue of the Texas Register (50 TexReg 3171). These rules will not be republished.
The Commission also adopts new rules at 16 TAC Chapter 118, Subchapter A, §118.4; Subchapter B, §118.11 and §118.13; Subchapter C, §§118.22, 118.25, and 118.26; Subchapter E, §118.40; and Subchapter F, §118.50 and §118.51, regarding the Laser Hair Removal program, with changes to the proposed text as published in the May 30, 2025, issue of the Texas Register (50 TexReg 3171). These rules will be republished.
EXPLANATION OF AND JUSTIFICATION FOR THE RULES
The rules under 16 TAC, Chapter 118, implement Texas Health and Safety Code, Chapter 401, Subchapter M, Laser Hair Removal; and Texas Occupations Code, Chapter 51, the enabling statute of the Texas Commission of Licensing and Regulation (Commission) and the Department.
The adopted rules are necessary to implement changes recommended as a result of the required four-year rule review conducted under Texas Government Code §2001.039. The Department's Notice of Intent to Review 16 TAC, Chapter 118, was published in the September 3, 2021, issue of the Texas Register (46 TexReg 5597). At its meeting on January 25, 2022, the Commission readopted the rule chapter in its entirety without changes. The readoption notice was published in the February 25, 2022, issue of the Texas Register (47 TexReg 988). The Department did not receive any public comments in response to the Notice of Intent to Review.
The adopted rules include changes recommended by Department staff during the rule review process to reorganize and streamline the entire chapter. These recommendations include changes to consolidate the existing rules, reorganize provisions by subject matter, eliminate duplicative provisions, and apply plain language principles to improve clarity.
SECTION-BY-SECTION SUMMARY
The adopted rules repeal all sections under 16 TAC, Chapter 118, which include §§118.1 - 118.3; 118.10; 118.20; 118.30 - 118.35; 118.40; 118.50; 118.60; 118.61; 118.70; 118.71; 118.80; 118.90; 118.91; 118.100; and 118.110.
The adopted rules add new Subchapter A, General Provisions.
The adopted rules repeal existing §118.1, Authority. The provision in this repealed rule has been updated and supplemented under new §118.1.
The adopted rules add new §118.1, Authority. This new rule includes provisions from existing §118.1, which is being repealed, and establishes that Chapter 118 is promulgated under Texas Occupations Code, Chapter 51, and Texas Health and Safety Code, Chapter 401, Subchapter M.
The adopted rules repeal existing §118.2, Purpose.
The adopted rules repeal existing §118.3, Scope. The provision in this repealed rule has been updated and supplemented under new §118.2.
The adopted rules add new §118.2, Scope. This new rule includes provisions from existing §118.3, which is being repealed, and establishes who the chapter applies to and that a certification issued under this chapter only authorizes a person to perform nonablative cosmetic Laser Hair Removal (LHR). The adopted rules also establish that this chapter applies to a person who receives, possesses, uses, owns, or acquires an LHR device, even if that person does not hold an LHR facility license.
The adopted rules add new §118.3, Definitions. This new rule includes provisions from existing §118.10, which is being repealed, and adds several definitions, including "Alternate consulting physician," "Certifying entity," "Delegate," "LHR facility license," "Operate an LHR facility," "Serious injury," and "Training program." The adopted rules amend several definitions, including "Consulting physician," "Direct supervision," "Individual LHR Certification," "Laser hair removal procedure," "Operator," "Person," and "Physician." The adopted rules also remove several definitions, including "Applicant," "Certificate of LHR registration," "Certified individual," "Contract," "Laser safety officer," "Living quarters," "Mobile LHR facility," and "Registrant."
The adopted rules add new §118.4, Laser Hair Removal Procedure, and establish that a laser hair removal procedure involves removal of hair from four body areas. The adopted rules establish what areas of the body are considered one procedure, and what areas may be split into right and left sides and count as more than one single procedure if done simultaneously. A technical correction was made to the proposed rules as published to add punctuation missing from the end of §118.4(b)(4), which is reflected in the adopted rules.
The adopted rules add new Subchapter B, Laser Hair Removal Facility.
The adopted rules repeal existing §118.10, Definitions. The provision in this repealed rule has been updated and supplemented under new §118.3.
The adopted rules add new §118.10, LHR Facility--License Requirements and Application. This new rule includes provisions from existing §118.30, which is being repealed, and establishes that a separate LHR facility license is required for each LHR facility and establishes when an LHR facility license is not required. The adopted rules establish the eligibility requirements for an LHR facility license and establish that a person may not operate an LHR facility unless the person holds a license issued by the department.
The adopted rules add new §118.11, LHR Facility--License Term; Renewal. This new rule includes provisions from existing §118.40, which is being repealed, and establishes that an LHR facility license is valid for two years and establishes the process for renewing an LHR facility license. The adopted rules establish that an LHR facility must end the use of all LHR devices if the license is not renewed. A technical correction was made to the proposed rules as published to correct the punctuation at the end of §118.11(b)(2), which is reflected in the adopted rules.
The adopted rules add new §118.12, LHR Facility--Responsibilities. This new rule includes provisions from existing §118.31, which is being repealed, and establishes that a LHR facility must notify the department within 30 days after certain changes and must follow adverse reporting requirements. The adopted rules also establish the protocols if a LHR facility loses the services of the consulting physician and/or the alternate consulting physician. The adopted rules establish that a LHR facility must maintain a physical inventory of all devices; must maintain records of receipt, transfer, and disposal for each device; must not make false or misleading claims or advertisements; must post a warning sign containing radiation and complaint information. Lastly, the adopted rules establish that a LHR facility license is not transferable, and that the facility must not continue to offer services if the facility loses the services of the LHR professional.
The adopted rules add new §118.13, LHR Facility--Consulting Physician. This new rule includes provisions from existing §118.60, which is being repealed, and establishes the contents of the required written contract between a LHR facility and a consulting physician. The adopted rules establish the requirements of a protocol between the consulting physician and LHR facility and establish the contents of a protocol, including the level of licensure required for each LHR procedure. A minor style change was made to the proposed rules as published regarding the numerical reference under §118.13(a)(3), which is reflected in the adopted rules.
The adopted rules add new §118.14, LHR Facility--Audits. This new rule includes provisions from existing §118.61, which is being repealed, and establishes that the consulting physician must conduct audits of the LHR facility to verify that operations are being conducted in accordance with the protocols established by the contract. The adopted rules establish the requirements for an audit, including that it must be unannounced, it may be conducted by the consulting physician, and it must be recorded.
The adopted rules add new Subchapter C, Laser Hair Removal Individual Certification.
The adopted rules repeal existing §118.20, Prohibitions. The provision in this repealed rule has been updated and supplemented under new §118.50.
The adopted rules add new §118.20, LHR Individual Certification--Requirements and Application. This new rule includes provisions from existing §118.33, which is being repealed, and establishes the requirements that all applicants for an individual LHR certification must follow.
The adopted rules add new §118.21, LHR Individual Certification--Responsibilities. This new rule includes provisions from existing §118.33, which is being repealed, and establishes the responsibilities of certified individuals, including that certifications are not transferable, that each certification must be displayed in an open public area of the LHR facility, and that the certified individual must present proof of licensure or certification to the department, upon request.
The adopted rules add new §118.22, Certification Term; Renewal. This new rule includes provisions from existing §118.33, which is being repealed, and establishes that an individual certification issued by the department is valid for two years and establishes the requirements for renewing an individual LHR certification. A minor style change was made to the proposed rules as published regarding the numerical reference under §118.22(a), which is reflected in the adopted rules. A technical correction was also made to the proposed rules as published to change "license holder" to "certificate holder" under §118.22(d), which is reflected in the adopted rules.
The adopted rules add new §118.25, Continuing Education Requirements. This new rule includes provisions from existing §118.35, which is being repealed, and establishes that each individual who holds an individual LHR certification must obtain eight hours of continuing education per certification term on certain topics. The rules establish that the continuing education hours may be obtained online. A minor style change was made to the proposed rules as published regarding the numerical reference under §118.25(a), which is reflected in the adopted rules.
The adopted rules add new §118.26, LHR Individual Certification--Apprentice-in-Training. This new rule includes provisions from existing §118.33, which is being repealed, and establishes that an applicant for an apprentice-in-training certification must be at least 18 years old; have 40 hours of training in specific topics; and must submit proof of successful completion of a training program approved by the department. The adopted rules establish that an apprentice-in-training must not perform LHR procedures unless under the direct supervision of a senior LHR technician or a LHR professional. A minor style change was made to the proposed rules as published regarding the numerical reference under §118.26(a)(3)(A), which is reflected in the adopted rules.
The adopted rules add new §118.27, LHR Individual Certification--Technician. This new rule includes provisions from existing §118.33, which is being repealed, and establishes that an applicant for a LHR technician certification must hold a current apprentice-in-training certification and have performed at least 100 LHR procedures under the direct supervision of a senior LHR technician or a LHR professional within the 12 months of submitting an application. The adopted rules also establish the requirements of a supervisor who directly supervises the activities of a LHR Technician.
The adopted rules add new §118.28, LHR Individual Certification--Senior LHR Technician. This new rule includes provisions from existing §118.33 and §118.34, which are being repealed, and establishes that an applicant for a senior LHR technician certification must hold a current LHR technician certification and have directly supervised at least 100 LHR procedures. The adopted rules also establish the requirements of a supervisor who performs the direct supervision activities of a senior LHR technician.
The adopted rules add new §118.29, LHR Individual Certification--LHR Professional. This new rule includes provisions from existing §118.33 and §118.34, which are being repealed, and establishes that an applicant for a LHR professional certification must hold a current senior LHR technician certification; be certified by a certifying entity approved by the department; and pass a department approved test. The adopted rules also establish the requirements of a supervisor who performs the direct supervision activities of a LHR professional.
The adopted rules add new Subchapter D, Apprentice Training Programs.
The adopted rules repeal existing §118.30, Laser Hair Removal Facility Certificate--Requirements and Application. The provision in this repealed rule has been updated and supplemented under new §118.10.
The adopted rules add new §118.30, Apprentice Training Programs. This new rule includes provisions from existing §118.33, which is being repealed, and establishes that training must be obtained from a department-approved training program and that programs must follow specific education requirements. The adopted rules establish the application requirements and eligibility requirements for training programs.
The adopted rules repeal existing §118.31, Laser Hair Removal Facility--Responsibilities. The provision in this repealed rule has been updated and supplemented under new §118.12.
The adopted rules repeal existing §118.32, Laser Safety Officer--Designation and Responsibilities.
The adopted rules repeal existing §118.33, Laser Hair Removal Individual Certificate--Requirements and Application. The provisions in this repealed rule have been updated and supplemented under new §118.20-§118.22 and §§118.26-118.30.
The adopted rules repeal existing §118.34, Laser Hair Removal Professionals and Senior Laser Hair Removal Technicians--Auditing and Supervision Requirements. The provisions in this repealed rule have been updated and supplemented under new §118.28 and §118.29.
The adopted rules repeal existing §118.35, Continuing Education Requirements. The provision in this repealed rule has been updated and supplemented under new §118.25.
The adopted rules add new Subchapter E, Requirements for Certifying Entities and Examinations.
The adopted rules repeal existing §118.40, License Terms; Renewals. The provision in this repealed rule has been updated and supplemented under new §118.11.
The adopted rules add new §118.40, Requirements for Certifying Entities and Examinations. This new rule includes provisions from existing §118.50, which is being repealed, and establishes the requirements a certifying entity must meet and establishes the requirements a certification program must meet. Minor style changes were made to the proposed rules as published regarding the two numerical references under §118.40(b)(6), which are reflected in the adopted rules.
The adopted rules add new Subchapter F, Laser Hair Removal Devices.
The adopted rules repeal existing §118.50, Requirements for Certifying Entities and Examinations. The provision in this repealed rule has been updated and supplemented under new §118.40.
The adopted rules add new §118.50, LHR Devices--General and Operating Requirements. This new rule includes provisions from existing §118.70, which is being repealed, and establishes requirements for use of an LHR device in an LHR facility, including minimum requirements for a prescription from a licensed physician for the purchase of an LHR device. The adopted rules include other requirements such as establishing a controlled area within a room in which LHR devices are used; that protective eyewear must be worn by all individuals using an LHR device and all individuals present; and that an LHR facility must not be used for living or sleeping purposes. Minor style changes were made to the proposed rules as published regarding the numerical references under §118.50(c)(6) and (i)(5), which are reflected in the adopted rules.
The adopted rules add new §118.51, LHR Devices--Stolen, Lost, or Missing. This new rule includes provisions from existing §118.71, which is being repealed, and establishes the procedures to report a stolen, lost, or missing device. The adopted rules establish the information that must be included in the report, including a description of the device and a description of the circumstances under which the loss occurred. Minor style changes were made to the proposed rules as published regarding the numerical references under §118.51(a), (b), and (c), which are reflected in the adopted rules.
The adopted rules add new Subchapter G, Records Requirements.
The adopted rules repeal existing §118.60, Consulting Physician--Responsibilities and Protocols. The provision in this repealed rule has been updated and supplemented under new §118.13.
The adopted rules add new §118.60, Records Retention Requirements. This new rule includes provisions from existing §118.100, which is being repealed, and establishes that records must be properly maintained, made available upon department request, and retained for specific amounts of time.
The adopted rules repeal existing §118.61, Consulting Physician--Audits of LHR Facility Protocols and Operations. The provision in this repealed rule has been updated and supplemented under new §118.14.
The adopted rules add new §118.61, Disclosures and Confidentiality Requirements. This new rule includes provisions from existing §118.110, which is being repealed, and establishes that client records must not be disclosed unless certain factors are met.
The adopted rules add new Subchapter H, Fees.
The adopted rules repeal existing §118.70, Laser Hair Removal Devices--General and Operating Requirements. The provision in this repealed rule has been updated and supplemented under new §118.50.
The adopted rules add new §118.70, Fees. The adopted rules include provisions from existing §118.80, which is being repealed, and establish the fees for the licenses and certifications in this chapter.
The adopted rules repeal existing §118.71, Laser Hair Removal Devices--Stolen, Lost, or Missing. The provision in this repealed rule has been updated and supplemented under new §118.51.
The adopted rules add new Subchapter I, Enforcement.
The adopted rules repeal existing §118.80, Fees. The provision in this repealed rule has been updated and supplemented under new §118.70.
The adopted rules add new §118.80, Administrative Penalties and Sanctions. The adopted rules include provisions from existing §118.90, which is being repealed, and establish that violations of provisions of the Texas Occupations Code, Health and Safety Code, this chapter, or any other rule or order may result in penalties and/or sanctions.
The adopted rules add new §118.81, Enforcement Authority. The adopted rules include provisions from existing §118.91, which is being repealed, and establish the enforcement authority to enforce Texas Health and Safety Code Chapter 401, Subchapter M and this chapter.
The adopted rules repeal existing §118.90, Administrative Penalties and Sanctions. The provision in this repealed rule has been updated and supplemented under new §118.80.
The adopted rules repeal existing §118.91, Enforcement Authority. The provision in this repealed rule has been updated and supplemented under new §118.81.
The adopted rules repeal existing §118.100, Records Retention Requirements. The provision in this repealed rule has been updated and supplemented under new §118.60.
The adopted rules repeal existing §118.110, Disclosures and Confidentiality Requirements. The provision in this repealed rule has been updated and supplemented under new §118.61.
PUBLIC COMMENTS
The Department drafted and distributed the proposed rules to persons internal and external to the agency. The proposed rules were published in the May 30, 2025, issue of the Texas Register (50 TexReg 3171). The public comment period closed on June 30, 2025. The Department did not receive any comments from interested parties on the proposed rules.
COMMISSION ACTION
At its meeting on August 21, 2025, the Commission adopted the proposed rules with changes to §§118.4, 118.11, 118.13, 118.22, 118.25, 118.26, 118.40, 118.50 and 118.51, as published in the Texas Register . These changes are explained in the Section-by-Section Summary.
16 TAC §§118.1 - 118.3, 118.10, 118.20, 118.30 - 118.35, 118.40, 118.50, 118.60, 118.61, 118.70, 118.71, 118.80, 118.90, 118.91, 118.100, 118.110STATUTORY AUTHORITY
The adopted repeals are repealed under Texas Occupations Code, Chapter 51, and Texas Health and Safety Code, Chapter 401, Subchapter M, which authorize the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.
The statutory provisions affected by the adopted repeals are those set forth in Texas Occupations Code, Chapter 51, and Texas Health and Safety Code, Chapter 401, Subchapter M.
No other statutes, articles, or codes are affected by the adopted repeals.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on September 10, 2025.
TRD-202503219
Doug Jennings
General Counsel
Texas Department of Licensing and Regulation
Effective date: October 1, 2025
Proposal publication date: May 30, 2025
For further information, please call: (512) 475-4879
SUBCHAPTER
A.
STATUTORY AUTHORITY
The adopted rules are adopted under Texas Occupations Code, Chapter 51, and Texas Health and Safety Code, Chapter 401, Subchapter M, which authorize the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.
The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapter 51, and Texas Health and Safety Code, Chapter 401, Subchapter M. No other statutes, articles, or codes are affected by the adopted rules.
§118.4.
(a) A laser hair removal procedure is the removal of hair from one of the following four body areas, conducted during the same or separate appointment by one person:
(1) head and neck;
(2) upper extremities, to include hands, arms (including armpits), and shoulders;
(3) torso, to include front and back (including pelvic region and buttocks); or
(4) lower extremities, to include legs and feet.
(b) The following areas are considered one procedure, regardless of how many individual body parts are treated within that area:
(1) forehead, glabella, cheeks, nose, upper lip, chin, sideburns, ears, front of neck, and back of neck;
(2) hands, fingers, armpits, shoulders;
(3) areolas, chest (man), abdomen, bikini or Brazilian, upper back lower back, buttocks, midline; and
(4) knees, feet, toes.
(c) The following areas may be split into right and left sides and count as more than one single procedure if done simultaneously.
(1) Upper arms;
(2) Lower arms;
(3) Upper legs; and
(4) Lower legs.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on September 10, 2025.
TRD-202503228
Doug Jennings
General Counsel
Texas Department of Licensing and Regulation
Effective date: October 1, 2025
Proposal publication date: May 30, 2025
For further information, please call: (512) 475-4879
SUBCHAPTER
B.
STATUTORY AUTHORITY
The adopted rules are adopted under Texas Occupations Code, Chapter 51, and Texas Health and Safety Code, Chapter 401, Subchapter M, which authorize the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.
The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapter 51, and Texas Health and Safety Code, Chapter 401, Subchapter M. No other statutes, articles, or codes are affected by the adopted rules.
§118.11.
(a) An LHR facility license issued by the department is valid for two years.
(b) Each applicant for renewal of an LHR facility license must:
(1) complete an application on department approved forms; and
(2) submit the renewal fee(s) specified under §118.70.
(c) If an LHR facility does not submit an application for renewal of the LHR facility license, the LHR facility must on or before the expiration date of the LHR facility license:
(1) end use of all LHR devices; and
(2) submit to the department a record of the disposition of the LHR devices, and if transferred, to whom the devices were transferred, as specified in §118.12(f).
(d) Expiration of the LHR facility license does not relieve the LHR facility owner or operator of the requirements of this chapter.
§118.13.
(a) A LHR facility must have a written contract with a consulting physician. The LHR facility's contract with its consulting physician must provide the following:
(1) The consulting physician must be available for emergency consultation with the facility as appropriate to the circumstances, including, if the physician considers it necessary, an emergency appointment with the client. This responsibility may be met through telemedicine in accordance with Texas Occupations Code, Chapter 111;
(2) If the consulting physician is unavailable for an emergency consultation, the alternate consulting physician must be available for the consultation with the facility relating to care for the client;
(3) The consulting physician and alternate consulting physician must have a non-residential primary practice site located within 75 miles of the LHR facility; and
(4) The consulting physician must be responsible for reviewing all adverse events, serious injuries, and for determining whether such events are reportable in accordance with applicable laws.
(b) The protocols required in accordance with §118.10 are:
(1) written instructions agreed upon and signed and dated by the consulting physician and the LHR facility operator;
(2) maintained at the LHR facility; and
(3) reviewed and signed by the consulting physician and LHR operator at least annually.
(c) The protocols required in accordance with §118.10, must include at least the following:
(1) the level of licensure which is required for each LHR procedure;
(2) the circumstances or conditions under which each procedure is to be performed;
(3) specific instructions to be followed for individual LHR certification who are working under direct supervision or who are giving direct supervision;
(4) conditions under which emergency consultation is required;
(5) designated settings, in accordance with the manufacturer's instructions, at which the LHR device can be expected to safely remove hair; and
(6) list of medications taken by the client that must be reported to the consulting physician before LHR services are provided or that, if taken by the client, preclude a LHR procedure from being performed.
(d) The requirements in this section do not relieve a consulting physician or another health care professional from complying with applicable regulations prescribed by a state or federal agency.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on September 10, 2025.
TRD-202503227
Doug Jennings
General Counsel
Texas Department of Licensing and Regulation
Effective date: October 1, 2025
Proposal publication date: May 30, 2025
For further information, please call: (512) 475-4879
SUBCHAPTER
C.
STATUTORY AUTHORITY
The adopted rules are adopted under Texas Occupations Code, Chapter 51, and Texas Health and Safety Code, Chapter 401, Subchapter M, which authorize the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.
The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapter 51, and Texas Health and Safety Code, Chapter 401, Subchapter M.
No other statutes, articles, or codes are affected by the adopted rules.
§118.22.
(a) An individual LHR certification issued by the department is valid for two years.
(b) Each applicant for renewal of an individual LHR certification must:
(1) complete an application on department approved forms; and
(2) submit the renewal fee(s) specified under §118.70.
(c) Each applicant for renewal of an individual LHR certification must also successfully pass a criminal history background check.
(d) Expiration of an individual LHR certification does not relieve the certificate holder of the requirements of this section.
(e) Renewals for LHR professionals must provide proof of current certification.
§118.25.
(a) General Requirements. Each individual who holds an individual LHR certification issued by the department must obtain eight hours of continuing education (CE) hours per certification term to include the following LHR related topics:
(1) refresher training in the topics specified in §118.26;
(2) LHR technology updates;
(3) applicable regulatory changes; and
(4) other health and safety related topics.
(b) Web-Based Training. The continuing education hours required by this section may be obtained by web-based online training.
§118.26.
(a) LHR Apprentice-In-Training Certification Requirements. An applicant for an LHR apprentice-in-training certification must:
(1) be at least 18 years of age.
(2) have at least 24 hours of training in:
(A) LHR device safety;
(B) laser physics;
(C) skin typing;
(D) skin reactions;
(E) treatment protocols;
(F) burns;
(G) eye protection;
(H) emergencies; and
(I) post-treatment protocols.
(3) have an additional 16 hours of training in:
(A) cardio-pulmonary resuscitation (a valid cardio-pulmonary resuscitation certificate may be used to satisfy up to eight hours of the training required by this subparagraph);
(B) review of client's pre-existing conditions to determine if consultation with a consulting physician is needed for possible diagnosis or treatment;
(C) review of client's previous LHR procedures by another modality;
(D) 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;
(E) proper signage and posting;
(F) use of an LHR device; and
(G) anesthesia used in conjunction with LHR procedures.
(b) LHR Apprentice-In-Training Certification Submission Requirement. An applicant for an LHR apprentice-in-training certification must submit proof of successful completion of a training program approved by the department covering the topics listed in §118.26(a)(2). An individual must not perform LHR procedures unless under the direct supervision of a senior LHR technician or an LHR professional.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on September 10, 2025.
TRD-202503220
Doug Jennings
General Counsel
Texas Department of Licensing and Regulation
Effective date: October 1, 2025
Proposal publication date: May 30, 2025
For further information, please call: (512) 475-4879
SUBCHAPTER
D.
STATUTORY AUTHORITY
The adopted rules are adopted under Texas Occupations Code, Chapter 51, and Texas Health and Safety Code, Chapter 401, Subchapter M, which authorize the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.
The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapter 51, and Texas Health and Safety Code, Chapter 401, Subchapter M.
No other statutes, articles, or codes are affected by the adopted rules.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on September 10, 2025.
TRD-202503221
Doug Jennings
General Counsel
Texas Department of Licensing and Regulation
Effective date: October 1, 2025
Proposal publication date: May 30, 2025
For further information, please call: (512) 475-4879
SUBCHAPTER
E.
STATUTORY AUTHORITY
The adopted rules are adopted under Texas Occupations Code, Chapter 51, and Texas Health and Safety Code, Chapter 401, Subchapter M, which authorize the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.
The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapter 51, and Texas Health and Safety Code, Chapter 401, Subchapter M.
No other statutes, articles, or codes are affected by the adopted rules.
§118.40.
(a) A certifying entity must meet the following requirements:
(1) apply on a department approved application for approval and follow all education requirements set out in this chapter;
(2) be a non-governmental organization such as a society, association, business, or school with an interest in the field of laser hair removal or whose members participate in or have an interest in the field of laser hair removal;
(3) if a society or association, not restrict its membership due to race, color, religion, age, national origin or disability and also make its memberships available to the general public nationwide;
(4) if a society or association, have a certification program open to nonmembers as well as members;
(5) be an incorporated nationally recognized entity in good standing involved in setting national standards of practice within its fields of expertise;
(6) have an adequate staff, a viable system for financing its operations, and a policy- and decision- making review board;
(7) have a set of written organizational by-laws and policies that provide adequate assurance of lack of conflict of interest and include a system for monitoring and enforcing these by-laws and policies;
(8) have a committee whose members carry out their responsibilities impartially to review and approve their certification guidelines and procedures and advise the organization's staff in implementing the certification program;
(9) have a committee whose members carry out their responsibilities to impartially review complaints against certified individuals and then determine appropriate sanctions;
(10) have written procedures describing all aspects of its certification program including its administration, and maintain records of the current status of an individual's certification;
(11) have procedures to ensure certified individuals are provided due process with respect to the administration of a certification program, including the certification process and the imposition of any sanctions against certified individuals;
(12) have procedures for proctoring examinations, including qualifications for proctors. These procedures must 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;
(13) 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
(14) 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 must meet the following requirements:
(1) require applicants for certification to:
(A) receive training in the topics specified in §118.26(a); 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 §118.26(a); and
(B) satisfactorily completed a minimum period of LHR apprentice-in-training certification requirements;
(3) include procedures to ensure that all examination questions are protected from disclosure, as prescribed by 16 Texas Administrative Code §60.54;
(4) include procedures for denying an application and revoking, suspending, and reinstating a certificate;
(5) include procedures for notifying each applicant of current guidelines to determine eligibility in the educational program, as prescribed by Texas Occupations Code §53.152;
(6) provide a certification period of at least three years, but not more than five years;
(7) 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;
(8) provide a timely response to inquiries from members of the public about an individual's certification status; and
(9) issue a certificate of completion that includes:
(A) the issue date;
(B) the expiration date; and
(C) a statement that the certification program was completed in accordance with Texas Health and Safety Code, Chapter 401, Subchapter M, and the rules under 16 Texas Administrative Code, Chapter 118.
(c) An examination administered or used by a certifying entity must be designed to test an individual's knowledge and understanding of at least the topics specified in §118.26(a).
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on September 10, 2025.
TRD-202503222
Doug Jennings
General Counsel
Texas Department of Licensing and Regulation
Effective date: October 1, 2025
Proposal publication date: May 30, 2025
For further information, please call: (512) 475-4879
SUBCHAPTER
F.
STATUTORY AUTHORITY
The adopted rules are adopted under Texas Occupations Code, Chapter 51, and Texas Health and Safety Code, Chapter 401, Subchapter M, which authorize the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.
The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapter 51, and Texas Health and Safety Code, Chapter 401, Subchapter M.
No other statutes, articles, or codes are affected by the adopted rules.
§118.50.
(a) An LHR device used in an LHR facility must follow all applicable federal and state laws and regulations.
(b) An LHR device used by an LHR facility must be purchased either by a physician (such as the consulting physician or alternate consulting physician) or by an LHR facility pursuant to a written prescription or other order of a licensed physician in Texas.
(c) A prescription or other order from a licensed physician for the purchase of an LHR device must include at a minimum:
(1) the date the physician issued the order;
(2) the name and quantity of the LHR device(s) authorized to be purchased;
(3) the name, address, and telephone number of the registered LHR facility authorized to purchase and own the laser;
(4) the intended use of the device is limited to nonablative laser hair removal;
(5) the name, address, and telephone number of the physician at the physician's usual place of business, legibly printed or stamped;
(6) a statement that the prescription is valid up to 12 months from the date of issue; and
(7) the signature of the authorizing physician.
(d) An LHR device must not be used for LHR procedures unless:
(1) the LHR device is approved for laser hair removal or reduction by the FDA for that purpose; and
(2) the LHR device is operated only at the settings expected to safely remove hair, in accordance with the manufacturer's instructions and protocols established by the consulting physician in accordance with this chapter and other applicable law regulating devices.
(e) Individuals operating each laser presently being used or listed on the current inventory, must be provided with written instructions for safe use, including clear warnings and precautions to be taken when using the LHR device.
(f) Each individual receiving the instructions must document that they have read and understand the instructions. The instructions and the documentation that each individual has read and understands the instructions must be maintained in accordance with §118.60.
(g) A controlled area must be established within a room in which LHR devices are used and the LHR devices must be secure from unauthorized removal.
(h) Each LHR device must incorporate a key-actuated or computer-actuated master control. The key must be removable and the LHR device must not be operable when the key is removed. When the LHR device is not being prepared for operation or is unattended, the controlled area must be secured to prevent unauthorized access.
(i) Protective eyewear must be worn by all individuals using an LHR device and all individuals present, including clients, in the room where an LHR device is being used. Protective eyewear devices must meet the following requirements:
(1) provide a comfortable and appropriate fit all around the area of the eye;
(2) be in proper condition to ensure the optical filter(s) and frame provide the required optical density or greater at the desired wavelengths, and retain all protective properties during its use;
(3) be suitable for the specific wavelength of the laser and be of optical density adequate for the energy involved;
(4) have the optical density or densities and associated wavelength(s) permanently labeled on the filters or eyewear; and
(5) be examined, at intervals not to exceed 12 months, to ensure the reliability of the protective filters and integrity of the protective filter frames. Unreliable eyewear must be discarded. Documentation of the examination must be made and maintained in accordance with §118.60.
(j) Each client must be provided with a written statement outlining the relevant risks associated with LHR procedures, including a warning that failure to use the eye protection provided to the client by the LHR facility may result in damage to the eyes.
(k) Compliance with the written statement requirement specified in subsection (j), does not affect the liability of the LHR facility operator or a manufacturer of a LHR device.
(l) Each LHR facility licensed by the department to offer LHR procedures using LHR devices in accordance with this chapter must confine use and possession of the LHR devices to the location and purpose authorized in the LHR facility application. If an LHR facility operator owns multiple LHR facilities, the operator may transfer an LHR device from facility to facility that the operator owns if each facility is licensed.
(m) An individual must not operate an LHR device with the intent to treat an illness, disease, injury, or physical defect or deformity unless the individual is:
(1) a physician;
(2) acting under a physician's order; or
(3) authorized under other law to treat the illness, disease, injury, or physical defect or deformity in that manner.
(n) A person who violates subsection (m), is practicing medicine in violation of Occupations Code, Title 3, Subtitle B, and is subject to the penalties under that subtitle and under Health and Safety Code §401.522.
(o) An LHR facility must not be used for living or sleeping purposes, or any other purpose that would tend to make the premises unsanitary, unsafe, or endanger the health and safety of the public. A facility that is attached to a residence must have an entrance that is separate and distinct from the residential entrance. Any door between a residence and a licensed facility must be closed during business hours.
§118.51.
(a) Each LHR facility licensed by the department must report to the Department of State Health Services - Radiation Control Program a stolen, lost, or missing LHR device within 24 hours after its occurrence becomes known to the person.
(b) Each person or facility required to make a report must, within 30 days after making the initial report, make a written report to the Department of State Health Services - Rational Control Program that includes the following information:
(1) a description of the LHR device involved, including the manufacturer, model, serial number, and class;
(2) a description of the circumstances under which the loss or theft occurred;
(3) a statement of disposition, or probable disposition, of the LHR device involved;
(4) actions that has been taken, or will be taken, to recover the LHR device; and
(5) procedures or measures that has been taken to prevent the loss or theft of LHR devices in the future.
(c) After filing the written report, the person must also report additional substantive information on the loss or theft within 30 days after the person learns of such information.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on September 10, 2025.
TRD-202503223
Doug Jennings
General Counsel
Texas Department of Licensing and Regulation
Effective date: October 1, 2025
Proposal publication date: May 30, 2025
For further information, please call: (512) 475-4879
SUBCHAPTER
G.
STATUTORY AUTHORITY
The adopted rules are adopted under Texas Occupations Code, Chapter 51, and Texas Health and Safety Code, Chapter 401, Subchapter M, which authorize the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.
The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapter 51, and Texas Health and Safety Code, Chapter 401, Subchapter M. No other statutes, articles, or codes are affected by the adopted rules.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on September 10, 2025.
TRD-202503224
Doug Jennings
General Counsel
Texas Department of Licensing and Regulation
Effective date: October 1, 2025
Proposal publication date: May 30, 2025
For further information, please call: (512) 475-4879
SUBCHAPTER
H.
STATUTORY AUTHORITY
The adopted rules are adopted under Texas Occupations Code, Chapter 51, and Texas Health and Safety Code, Chapter 401, Subchapter M, which authorize the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.
The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapter 51, and Texas Health and Safety Code, Chapter 401, Subchapter M. No other statutes, articles, or codes are affected by the adopted rules.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on September 10, 2025.
TRD-202503225
Doug Jennings
General Counsel
Texas Department of Licensing and Regulation
Effective date: October 1, 2025
Proposal publication date: May 30, 2025
For further information, please call: (512) 475-4879
SUBCHAPTER
I.
STATUTORY AUTHORITY
The adopted rules are adopted under Texas Occupations Code, Chapter 51, and Texas Health and Safety Code, Chapter 401, Subchapter M, which authorize the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.
The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapter 51, and Texas Health and Safety Code, Chapter 401, Subchapter M. No other statutes, articles, or codes are affected by the adopted rules.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on September 10, 2025.
TRD-202503226
Doug Jennings
General Counsel
Texas Department of Licensing and Regulation
Effective date: October 1, 2025
Proposal publication date: May 30, 2025
For further information, please call: (512) 475-4879