SECTION 118.20. Prohibitions

(a) The department may prohibit the use of LHR devices that pose a significant threat or endanger occupational or public health and safety, in accordance with §118.2.

(b) A person shall not operate a LHR facility unless the person holds a certificate of LHR registration issued by the department in accordance with this chapter.

(c) An individual shall not use LHR devices to perform or attempt to perform LHR procedures unless the person holds the individual LHR certificate issued by the department in accordance with this chapter.

(d) An individual shall not operate a laser hair removal 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.

(e) A person who violates subsection (d), 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.

(f) A person shall not operate a LHR facility from a person's living quarters. A LHR facility shall be separated from living quarters by complete floor to ceiling partitioning and shall contain no access to living quarters.

Source Note: The provisions of this §118.20 adopted to be effective November 1, 2017, 42 TexReg 4815