ADVISORY BOARD ON COSMETOLOGY



ADVISORY BOARD ON COSMETOLOGY

Meeting of June 25, 2012

North Campus Building – 1st Floor Public Meeting Room

1106 Clayton Lane, Austin, Texas

Summary of Minutes

Presiding Officer, Daired Ogle called the meeting to order at 9:09 a.m.

Presiding Officer, Daired Ogle called roll. Board members present were Daired Ogle, Gordon Logan, Glenda Jemison, Ron Robinson, and Diane Salazar. Marisela Higgins joined the meeting at 9:20 a.m. Board Members Pamela Gold and Rojean Brewer were absent. A quorum was present.

Presiding Officer, Daired Ogle moved to agenda item C., Approval of minutes – January 9, 2012. Board member, Ron Robinson, seconded by Gordon Logan, made a motion to approve the minutes as presented. The motion passed by a unanimous vote.

Presiding Officer, Daired Ogle moved to agenda item D., Public Comment. The Board heard public comment from: Sakinah James, Mary Lindsey, and Pamela White.

Presiding Officer, Daired Ogle moved to agenda item E., Staff Reports, and heard the Executive Office Staff Report from Deputy Executive Director, Brian Francis. The Board also heard Staff Reports from Elizabeth Perez, Compliance Division; Don Dudley, Education and Examination Division; Ron Foster, Enforcement Division; and Joyce Hennington, Licensing Division.

Presiding Officer, Daired Ogle moved to agenda item F. Education and Examination Work group report and possible recommendation regarding amendments to existing rules at 16 Texas Administrative Code, Chapter 83 Sections 83.10, 83. 83.72 and 83.120 relating to distance learning education, responsibilities of beauty schools who provide distance learning education and designation of theory curriculum. Pamela Legate, Assistant General Counsel, and Don Dudley, Director of Education and Examination, outlined the recommended changes that were developed by the Education and Examination Work Group The Board discussed the proposed rules and remanded this item to the Education Work Group for further review.

Presiding Officer, Daired Ogle moved to agenda item G., Discussion and possible recommendation regarding amendments to existing rules at 16 Texas Administrative Code, Chapter 83, Section 83.25 relating to the number of methods of teaching continuing education required for instructor license renewal. Pamela Legate, Assistant General Counsel, and Don Dudley, Director of Education and Examination, reported that the rule was drafted and published in the Texas Register to modify the continuing education rule adopted on February 17, 2012 which caused an undue hardship for teachers currently completing the continuing education requirements. Board member Glenda Jemison, seconded by Ron Robinson, made a motion to recommend approval of the proposed rule. Motion passed by a unanimous vote.

Presiding Officer, Daired Ogle moved to agenda item H., Discussion and possible recommendation for approval of the proposed revisions to the penalty matrices for Cosmetologists and Cosmetology Schools, to be included in TDLR's Enforcement Plan. Christina Kaiser, Enforcement Division Director, assisted by Tony Couvillon provided a history of the penalty matrices and the legislative, rule and policy changes which necessitate changes to the penalty matrix. Ms. Kaiser pointed out the major difference in the current penalty matrices and the proposed, and focused on the creation of three new levels. Board members reviewed, discussed and recommended changes to the matrices. Board member Ron Robinson, seconded by Gordon Logan, recommended approval of the matrices with the changes agreed to by the group. Motion passed by unanimous vote.

Presiding Officer, Daired Ogle moved to agenda item I. Discussion regarding the National Inter-council of State Boards of Cosmetology exam, which was a topic introduced during public comment at the January 9, 2012, Cosmetology Advisory Board meeting. Don Dudley, Education and Examination Division Director, introduced the topic. Board member Gordon Logan discussed his support for nation-wide exam standardization. Mr. Dudley reported that the NIC exam is accepted in Texas for reciprocity. After further Board discussion, Mr. Logan requested the matter be referred to a work group to develop a pros and cons list for adopting the NIC exam. The item was referred to the Administrative Rules Work Group.

Presiding Officer, Daired Ogle moved to agenda item K., Recommendations for agenda items for next Board meeting. The Board decided to include Work Group Reports on the Distance Learning issue and review of the pros and cons for adopting the NIC exam; and review and discussion of the Cosmetology Instructor pass/fail rate.

Presiding Officer, Daired Ogle moved to agenda item L., Discussion of date, time and location of next Board meeting. The Board decided to hold the next meeting October 2012, in Austin, Texas.

Presiding Officer, Daired Ogle moved to agenda item M., Adjournment. Presiding Officer, Daired Ogle adjourned the meeting at 11:55 p.m.

Daired Ogle, Presiding Officer

Advisory Board on Cosmetology

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