1.3 Scope of Practice, Prohibited Acts & Inspections

Statutory Scope of Practice: §1603.0011(c) and 16 TAC §83.10

An occupational licence in Texas authorises exactly what its statute and rules say it authorises, and nothing more. Occupations Code §1603.0011(c) brings eyelash extensions inside the practice of cosmetology by describing the service of applying semipermanent, thread-like extensions composed of single fibers to a person's eyelashes, and 16 TAC §83.10 defines the two operative terms:

• Eyelash Extension Application — "the process of applying and removing a semi-permanent, thread-like, natural or synthetic single fiber to an eyelash, including cleansing the eyelash."
• Eyelash Extension Specialist — "a person who holds a specialty license and who is authorized to practice the service defined in Texas Occupations Code §1603.0011(c)."

16 TAC §83.70(d) closes the loop: "Specialty practitioners may only perform the practice authorized by the specialty license."

Authorised under an eyelash extension specialty licence

1. Cleansing the natural lashes and bonded extensions with oil-free, ophthalmic-safe cleansers — expressly named in the §83.10 definition.
2. Isolating a single natural lash so the extension bonds to one hair.
3. Applying semi-permanent thread-like single fibers, individually or as fans built from single fibers, with a properly labelled semi-permanent adhesive.
4. Refilling existing sets by replacing grown-out or shed extensions.
5. Removing extensions with a properly labelled semi-permanent glue remover used according to the manufacturer's instructions (§83.115(g)).

Outside the scope — decline and refer

• Lash and brow tinting. Applying dye to lashes or brows is not "applying a thread-like single fiber." It is not authorised by the eyelash specialty licence.
• Lash lifting / lash perming / brow lamination. Chemically restructuring the natural hair shaft with thioglycolate or cysteamine is chemical service work, not extension application.
• Waxing, threading, dermaplaning, peels, extractions. These are esthetician services; several also collide with §83.112(c).
• Microblading, permanent cosmetics, eyeliner tattooing. Two independent bars apply. 16 TAC §83.112(c) prohibits "the use of any product, preparation or procedure that comes into contact with or penetrates the dermis layer of the skin." Separately, tattooing and permanent cosmetics in Texas are regulated by the Department of State Health Services, not TDLR — a different agency, a different licence, a different facility permit.
• Diagnosing or treating eye disease. Naming a condition, prescribing drops, or "treating" a stye is the practice of medicine or optometry. Describe what you observe, refuse the service, and refer.

How to answer a scope question: ask whether the task is applying, removing, or cleansing a thread-like single fiber on an eyelash. If it is not, the eyelash extension specialty licence does not cover it, no matter what the client is willing to sign.

Prohibited Products and Practices: 16 TAC §83.112 and §83.113

§83.112(a) lists four prohibited substances or products for all barbering and cosmetology services in Texas:

Two subsections turn this from a usage rule into a possession rule:

• §83.112(b): "Possession on licensed premises of any item listed in this section is a violation under this chapter." An unused credo blade in a drawer is a violation even if you never touch it.
• §83.112(c): "The use of any product, preparation or procedure that comes into contact with or penetrates the dermis layer of the skin is prohibited."

§83.113 adds the FDA layer: a practitioner may not use any product that is banned or deemed poisonous or unsafe by the FDA or another responsible agency, and possession or storage of such an item on licensed premises is prima facie evidence of its use (§83.113(b)).

Refusing Service: 16 TAC §83.102(b)

This is the rule behind almost every contraindication question on the Texas exam, and it is written in terms of reasonable belief, not diagnosis:

§83.102(b): "A practitioner may not perform services on a client if the practitioner has reason to believe the client has a contagious condition such as head lice, nits, ringworm, conjunctivitis; or inflamed, infected, broken, raised or swollen skin or nail tissue; or an open wound or sore in the area to be serviced."

Notice what the rule does not require. You never have to be right about the diagnosis, and you are never permitted to give one. Visible purulent discharge, a weeping lid margin, an open sore at the lash line, or a raised inflamed nodule each trigger §83.102(b) on their own. Occupations Code §1603.209 backs this with a statutory provision on infectious and contagious diseases.

Inspections: 16 TAC §83.50

§83.50(a) routes barbering and cosmetology inspections through Occupations Code Chapter 51 and the inspection rules in 16 TAC Chapter 60, Subchapter H — Chapter 83 itself does not restate the inspection procedure. Two Chapter 83 duties do apply directly:

• §83.50(b): On request, the owner, manager, or their representative must make available to the department representative the §83.71(c) list of all independent contractors and all mini-establishment licensees who work in the establishment.
• §83.50(d): The owner, manager, employee, contractor, or their representative must cooperate with the inspector or investigator in the performance of the inspection or investigation.

Failure to cooperate is not a technicality — obstructing an inspection is charged as an administrative violation and is one of the fastest routes to an escalated sanction. §83.51 separately covers the initial inspection of schools before they may operate.

Sanctions and Penalties: §83.90 and the TDLR Enforcement Plan

16 TAC §83.90 does not itself contain a fine schedule. It provides that a person who violates Occupations Code Chapter 1603, a rule, or an order of the Executive Director or Commission is subject to administrative sanctions and penalties in accordance with Occupations Code Chapters 51 and 1603 and 16 TAC Chapter 60.

The statutory ceiling is in Occupations Code §51.302: an administrative penalty may not exceed $5,000 per violation, and each day a violation continues or occurs is a separate violation.

The actual ranges live in TDLR's published Barbering and Cosmetology enforcement plan, which sorts violations into lettered classes:

Eyelash-specific violations and their classes

These come straight from the enforcement plan, and they are the most testable enforcement facts for this licence because every one of them cites §83.115 — the eyelash rule:

Pattern worth memorising: anything that puts a pathogen on the next client's eye — dirty hands, dirty implements, reused single-use items, unlabelled adhesive — is a Class C public health violation. Housekeeping that is one step removed from the eye — an unwiped headrest, badly stored extension trays — is Class B. Paperwork is Class A.