Bill Text: MS HB136 | 2024 | Regular Session | Introduced
Bill Title: State Board of Cosmetology and Board of Barbering; merge into one board.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2024-03-05 - Died In Committee [HB136 Detail]
Download: Mississippi-2024-HB136-Introduced.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Accountability, Efficiency, Transparency; Business and Commerce
By: Representative Currie
House Bill 136
AN ACT TO AMEND SECTIONS 73-7-1, 73-7-2, 73-7-3, 73-7-7, 73-7-9, 73-7-11, 73-7-12, 73-7-13, 73-7-14, 73-7-15, 73-7-16, 73-7-17, 73-7-18, 73-7-19, 73-7-21, 73-7-23, 73-7-25, 73-7-27, 73-7-29, 73-7-33, 73-7-35, 73-7-37, 73-5-8, 73-5-11 AND 73-5-12, MISSISSIPPI CODE OF 1972, TO MERGE THE STATE BOARD OF COSMETOLOGY AND THE STATE BOARD OF BARBERING INTO THE STATE BOARD OF COSMETOLOGY AND BARBERING; TO PROVIDE FOR THE MEMBERSHIP OF THE BOARD; TO PROVIDE FOR THE APPOINTMENT OF THE EXECUTIVE DIRECTOR; TO REVISE THE LICENSING REQUIREMENTS OF BARBERS AND COSMETOLOGISTS; TO REQUIRE CERTAIN CONTINUING EDUCATION; TO SET CERTAIN PROHIBITIONS; TO PROVIDE THAT THE BOARD MAY CHARGE A LICENSE FEE; TO SET THE BARBERING AND COSMETOLOGY SCHOOL REQUIREMENTS; TO SET CERTAIN VIOLATIONS, PENALTIES AND FINES; TO MAKE TECHNICAL AMENDMENTS TO CONFORM; TO REPEAL SECTIONS 73-5-1 THROUGH 73-5-7, 73-5-9 AND 73-5-15 THROUGH 73-5-45, MISSISSIPPI CODE OF 1972, WHICH CREATE THE STATE BOARD OF BARBER EXAMINERS AND PROVIDE FOR ITS POWERS AND DUTIES REGARDING THE LICENSING OF BARBERS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Any reference to the State Board of Cosmetology or the Board of Barber Examiners in Title 73, Chapters 5 and 7, Mississippi Code of 1972, or any other provision of law, shall mean the State Board of Cosmetology and Barbering created in Section 73-7-1.
SECTION 2. Section 73-7-1, Mississippi Code of 1972, is amended as follows:
73-7-1. (1) There is * * * created the State Board of Cosmetology and Barbering,
composed of the State Health Officer, or his or her designee, and six (6)
members to be appointed by the Governor, with the advice and consent of the
Senate, consisting of one (1) manicurist or esthetician, two (2)
cosmetologists, one (1) of whom is a salon owner, and three (3) barbers. Two
(2) members shall be appointed from each Supreme Court District as they exist on
July 1, 2024, and one (1) member from each district shall be a barber. The initial
term of office for the first cosmetologist member and first barber member shall
be two (2) years; the initial term of office for the second cosmetologist
member and second barber member shall be four (4) years; and the initial term
of office for the manicurist/esthetician member and third barber member shall
be six (6) years. After the expiration of the initial terms, all later appointments
shall be for terms of six (6) years from the expiration date of the previous term.
No member may serve more than two (2) consecutive terms. The initial
appointments must be made before September 1, 2024.
There shall be a president of
the board and such other officers as deemed necessary by the board elected by and
from its membership, provided that the member elected as president shall have at
least one (1) year of experience on the board. Any member appointed by the Governor
and confirmed by the Senate for a term to begin on or after July 1, * * *
2024, who was designated by the Governor to serve as president of the board,
shall be fully qualified to serve on the board for a full term of office, but shall
not serve as president of the board unless elected by the membership of the board
as provided under this paragraph.
To be eligible for appointment
as a member of the State Board of Cosmetology and Barbering, the person applying * * * must have been a citizen of this state
for a minimum of five (5) years immediately prior to appointment. Such person * * * must be at least thirty (30) years
of age, possess a high school education or its equivalent, and * * * must have been * * * licensed * * * by the board with not less * * * than five (5) years' active practice
in * * *
an occupation regulated by the board. No member of the board shall be connected
in any way with any school * * * in which cosmetology is taught, nor
shall any two (2) members of the board be graduates of the same school of cosmetology
or barbering.
However, in the event of vacancy
by death or resignation of any member of the board, the Governor shall, within thirty
(30) days, appoint a person possessing all qualifications required to serve the
remainder of the term. Any member who * * * does not attend two (2) consecutive
meetings of the board for reasons other than illness of such member shall be subject
to removal by the Governor. The president of the board shall notify the Governor
in writing when any such member has failed to attend two (2) consecutive regular
meetings.
The salaries of all paid employees of the board shall be paid out of funds in the board's special fund in the State Treasury. Each member of the board, excepting the inspectors provided for herein, shall receive per diem as authorized by Section 25-3-69, and shall be reimbursed for such other expenses at the same rate and under the same conditions as other state employees as provided for in Section 25-3-41.
The board shall give reasonable public notice of all board meetings not less than ten (10) days prior to such meetings.
(2) In addition to any powers conferred upon the board in other provisions of law, the State Board of Cosmetology and Barbering shall appoint an individual to serve as the executive director of the board. The executive director must possess the qualifications established by the board, which shall be based on National Best Practices. The executive director shall be considered a full-time position. The executive director shall serve at the will and pleasure of the board and shall devote his or her time to the proper administration of the board and the duties assigned to him or her by the board. The executive director shall be paid a salary established by the board, subject to the approval of the State Personnel Board. Subject to the availability of funding, the executive director may employ such administrative staff as may be necessary to assist the director and board in carrying out the duties and directives of the board.
SECTION 3. Section 73-7-2, Mississippi Code of 1972, is amended as follows:
73-7-2. As used in this chapter,
the following terms shall have the meanings * * * as defined in this section
unless the context otherwise requires:
(a) "Board" means the State Board of Cosmetology and Barbering.
(b) "Barbering" means the occupation of shaving or trimming the beard, cutting or dressing the hair, giving facial or scalp treatment with oils or creams or other cosmetic preparations made for that purpose, antiseptics, powders, clays or lotions to scalp, face, neck or upper part of the body either by hand or by means of mechanical appliances, singeing and shampooing the hair, dyeing the hair or permanently waving or straightening the hair for compensation.
(c) "Barber" means a person, other than a student, who performs barbering on the general public for compensation, and who shall satisfy the qualifications and licensure requirements provided in this chapter.
( * * *d) "Cosmetology" means any one
(1) or a combination of the following practices if they are performed on a person's
head, face, neck, shoulder, arms, hands, legs or feet for cosmetic purposes:
(i) Cutting, clipping or trimming hair and hair pieces.
(ii) Styling, arranging, dressing, curling, waving, permanent waving, straightening, cleansing, bleaching, tinting, coloring or similarly treating hair and hair pieces.
(iii) Cleansing, stimulating, manipulating, beautifying or applying oils, antiseptics, clays, lotions or other preparations, either by hand or by mechanical or electrical apparatus.
(iv) Arching eyebrows, to include tweezing, waxing, threading or any other methods of epilation, or tinting eyebrows and eyelashes.
(v) Removing superfluous hair by the use of depilation.
(vi) Manicuring and pedicuring.
For regulation purposes, the
terms "cosmetology" * * * and "barbering" do not include
persons whose practice is limited to only performing makeup artistry, threading
or applying or removing eyelash extensions; however, a person may perform a combination
of not more than three (3) such practices and still be exempt from this chapter.
( * * *d) "Cosmetologist" means a person
who for compensation, whether direct or indirect, engages in the practice of cosmetology.
( * * *e) "Esthetics" means any one
(1) or a combination of the following practices:
(i) Massaging the face or neck of a person.
(ii) Arching eyebrows to include trimming, tweezing, waxing, threading or any other method of epilation or tinting eyebrows and eyelashes.
(iii) Tinting eyelashes or eyebrows.
(iv) Waxing, stimulating, cleaning or beautifying the face, neck, arms or legs of a person by any method with the aid of the hands or any mechanical or electrical apparatus, or by the use of a cosmetic preparation.
The term "esthetics" shall not include the diagnosis, treatment or therapy of any dermatological condition. For regulation purposes, the term "esthetics" does not include persons whose practice is limited to only performing makeup artistry, threading or applying or removing eyelash extensions; however, a person may perform a combination of not more than three (3) such practices and still be exempt from this chapter.
( * * *f) "Esthetician" means any person
who, for compensation, either direct or indirect, engages in the practice of esthetics.
( * * *g) "Instructor" means a person
licensed to teach cosmetology, or manicuring and pedicuring, or esthetics, or
all of those, pursuant to this chapter, and shall include those persons engaged
in the instruction of student instructors.
( * * *h) "Manicuring and pedicuring"
means any one (1) or a combination of the following practices:
(i) Cutting, trimming, polishing, coloring, tinting, cleansing or otherwise treating a person's nails.
(ii) Applying artificial nails.
(iii) Massaging or cleaning a person's hands, arms, legs or feet.
( * * *i) "Manicurist" means a person
who for compensation, either direct or indirect, engages in the practice of manicuring
and pedicuring.
( * * *j) "Master" means a person
holding a cosmetology, barbering, manicuring * * * or esthetics license who has completed
the minimum course of continuing education prescribed by Section 73-7-14.
( * * *k) "Salon" or "barber
business" means an establishment operated for the purpose of engaging in
the practice of cosmetology, barbering, or manicuring and pedicuring, esthetics, * * *
or all of those.
( * * *l) "School" means an establishment,
public or private, operated for the purpose of teaching cosmetology, barbering,
or manicuring and pedicuring, or esthetics, * * *
or all of those.
SECTION 4. Section 73-7-3, Mississippi Code of 1972, is amended as follows:
73-7-3. (1) The board shall be authorized to employ such clerical and stenographic assistance, bookkeepers, investigators and other agents as they may deem necessary to carry out the provisions of this chapter, and to fix their tenure of employment and compensation therefor. The members of the board shall file a bond with the Secretary of State in the sum of not less than Five Thousand Dollars ($5,000.00) payable to the State of Mississippi for the faithful performance of their duties. The bond shall be made by a surety company authorized to do business in this state, the premium of the bond to be paid out of any money in the board's special fund in the State Treasury.
(2) The office of the
board shall be located in the greater metropolitan area of the City of Jackson,
Mississippi, and in the event office space cannot be obtained in any state-owned
building, the board is authorized to rent suitable office space and to pay therefor
out of funds in the board's special fund. The board shall employ inspectors as
needed, not to exceed * * * twelve (12), who shall be full-time employees and whose
salaries and duties shall be fixed by the board.
(3) The salaries of all paid employees of the board shall be paid out of the funds in the board's special fund. The inspectors shall, in addition to their salaries, be reimbursed for such expenses as are allowed other state employees under the provisions of Section 25-3-41. In addition to the paying of office rent, the board is authorized to purchase necessary office furniture and equipment, stationery, books, certificates and any other equipment necessary for the proper administration of this chapter.
SECTION 5. Section 73-7-7, Mississippi Code of 1972, is amended as follows:
73-7-7. (1) The board shall have authority to make reasonable rules and regulations for the administration of the provisions of this chapter. The board shall set up a curriculum for operation of schools of cosmetology, barbering and the other professions it is charged to regulate in this state. The board shall receive and consider for adoption recommendations for rules and regulations, school curriculum, and related matters from the Mississippi Cosmetology and Barbering Council, whose membership shall consist of, in addition to the board members, five (5) elected delegates from the Mississippi Cosmetology and Barbering Association, five (5) elected delegates from the Mississippi Cosmetology and Barbering School Association, five (5) elected delegates from the Mississippi Independent Beauticians Association, and five (5) elected delegates from the School Owners and Teachers Association. The board may revoke the license of any cosmetologist, barber, esthetician, manicurist, instructor, school of cosmetology or barbering, or salon and/or barber business, or may refuse to issue a license to any cosmetologist, barber, esthetician, manicurist, instructor, school of cosmetology or barbering, or salon and/or barber business that fails or refuses to comply with the provisions of this chapter and the rules and regulations of the board in carrying out the provisions of this chapter.
(2) The board shall have authority
to prescribe reasonable rules and regulations governing sanitation of schools of
cosmetology and barbering and beauty salons and barber businesses
for the guidance of persons licensed under this chapter in the operation of schools
of cosmetology and barbering, or a beauty salon and/or barber business,
and in the practice of cosmetology, barbering, esthetics, manicuring and
pedicuring * * *.
However, any and all rules and regulations relating to sanitation shall, before
adoption by the board, have the written approval of the State Board of Health. When
the board has reason to believe that any of the provisions of this chapter or of
the rules and regulations of the board have been violated, either upon receipt of
a written complaint alleging such violations or upon the board's own initiative,
the board, or any of its authorized agents, shall investigate same and shall have
authority to enter upon the premises of a school of cosmetology or barbering
or salon and/or barber business at any time during the regular business hours
of that school or salon and/or barber business to conduct the investigation.
Such investigation may include, but not be limited to, conducting oral interviews
with the complaining party, school or salon and/or barber business owner(s)
and/or students of the school, and reviewing records of the school or salon and/or
barber business pertinent to the complaint and related to an area subject to
the authority of the board. Such investigation shall not include written interviews
or surveys of school employees or students, and the privacy of patrons shall be
respected by any person making such investigation.
(3) On or before July 1, 2001, the board shall adopt regulations to ensure that all fingernail service products used by licensed cosmetologists, manicurists and other licensees do not contain methyl methacrylate (MMA) as a monomer agent for cosmetic nail applications.
(4) If the board finds that a violation of the provisions of this chapter or the rules and regulations of the board has occurred, it may cause a hearing to be held as set forth in Section 73-7-27.
SECTION 6. Section 73-7-9, Mississippi Code of 1972, is amended as follows:
73-7-9. No person required by
this chapter to have a license shall conduct a beauty salon, barber business
or school of cosmetology or barbering, or practice cosmetology, barbering,
esthetics, manicuring and pedicuring, or practice as an instructor, unless such
person has received a license or temporary permit therefor from the board. * * * Anyone determined to have violated
any of these rules or regulations prior to being licensed by the board shall be
subject to the same discipline by the board as licensees. They may be disciplined
and fined accordingly.
SECTION 7. Section 73-7-11, Mississippi Code of 1972, is amended as follows:
73-7-11. Each owner of a license issued by the board under the provisions of this chapter shall display the license in a conspicuous place in his or her principal office, place of business or employment, at all times.
Each practitioner and instructor license shall contain a head photograph of the license holder, the person's name, and the type of license held by the person. The requirements of this section shall apply at the time of issuance of a new license or at the time of renewal of an existing license.
A barber pole can only be displayed if the business carries a barber business license or is dually licensed as a cosmetology and barber business.
SECTION 8. Section 73-7-12, Mississippi Code of 1972, is amended as follows:
73-7-12. Effective January 1, * * * 2025, the * * * board * * * shall terminate its student testing
contract with proper notice and shall conduct examinations for cosmetologists, barbers,
estheticians, manicurists and instructors at such times and locations as determined
by the board. The members of the board shall not personally administer or monitor
the examinations, but the board shall contract for administrators of the examinations.
A member of the board shall not receive any per diem compensation for any day that
the member is present at the site where the examinations are being administered.
SECTION 9. Section 73-7-13, Mississippi Code of 1972, is amended as follows:
73-7-13. (1) The board shall
admit to examination for a cosmetology license any person who has made application
to the board in proper form, has paid the required fee, and who (a) is at least * * * sixteen (16) years of age,
(b) * * * has successfully completed no less than fifteen hundred
(1500) hours over a period of no less than nine (9) months in a licensed school
of cosmetology or in an apprenticeship program for three thousand (3,000)
hours certified by the board, and ( * * *c) has a * * * tenth-grade education or its
equivalent or has been successfully enrolled in a community college. Apprenticeships
provided for in this subsection may be monitored or mentored by a licensed cosmetology
instructor. Only one (1) apprentice may be mentored by any person at the same
time.
( * * *2) The board may, in its discretion, issue
to any student who has completed the prescribed hours in a licensed school
and paid the required fee a temporary permit until such time as the next examination
may be held, but such student shall be issued only one (1) temporary permit. Application
for an examination and license shall be accompanied by two (2) passport photographs
of the applicant. No temporary permit will be issued to an applicant from any other
state to operate a beauty salon or school of cosmetology in this state unless in
case of emergency.
( * * *3) Applicants for the cosmetologist examination,
after having satisfactorily passed the prescribed examination, shall be issued a
cosmetology license which until June 30, 2001, shall be valid for one (1) year,
and after July 1, 2001, shall be valid for two (2) years, and all those licenses
shall be subject to renewal.
( * * *4) Any barber who * * * has successfully
completed no less than fifteen hundred (1500) hours in a licensed barber school,
and who holds a current valid certificate of registration to practice barbering
and who holds a current valid license, is eligible to take the cosmetology examination
to secure a cosmetology license upon successfully completing * * * six hundred (600) hours
in a licensed school of cosmetology. All fees for application, examination, registration
and renewal thereof shall be the same as provided for cosmetologists.
( * * *5) Each application or filing made under
this section shall include the social security number(s) of the applicant in accordance
with Section 93-11-64.
( * * *6) Any licensed cosmetologist, barber,
esthetician, or manicurist who is registered but not actively practicing
in the State of Mississippi at the time of making application for renewal, may apply
for registration on the "inactive" list. Such "inactive" list
shall be maintained by the board and shall set out the names and post office addresses
of all persons registered but not actively practicing in this state, arranged alphabetically
by name and also by the municipalities and states of their last-known professional
or residential address. Only the cosmetologists, barbers, estheticians and
manicurists registered on the appropriate list as actively practicing in
the State of Mississippi shall be authorized to practice those professions. For
the purpose of this section, any licensed cosmetologist, barber, esthetician
or manicurist who has actively practiced
his or her profession for at least three (3) months of the immediately preceding
license renewal period shall be considered inactive practice. No cosmetologist,
barber, esthetician, or manicurist shall be registered on the "inactive"
list until the person has furnished a statement of intent to take such action to
the board. Any licensed cosmetologist, barber, esthetician, or manicurist * * *
registered on the "inactive"
list shall not be eligible for registration on the active list until either of the
following conditions have been satisfied:
(a) Written application
shall be submitted to the * * *State board * * * stating the reasons for such inactivity
and setting forth such other information as the board may require on an individual
basis and completion of the number of clock hours of continuing education as approved
by the board; or
(b) Evidence to the satisfaction of the board shall be submitted that they have actively practiced their profession in good standing in another state and have not been guilty of conduct that would warrant suspension or revocation as provided by applicable law; and
(c) Payment of the fee for processing such inactive license shall be paid biennially in accordance to board rules.
SECTION 10. Section 73-7-14, Mississippi Code of 1972, is amended as follows:
73-7-14. (1) Any person who holds a current, valid cosmetology, barber, manicuring or esthetics license may be licensed as a master cosmetologist, barber, manicurist or esthetician if he or she has been a licensed cosmetologist, barber, manicurist or esthetician in this state for a period of not less than twelve (12) months, and has completed a minimum course of sixteen (16) hours' study in continuing education approved by the board within the licensing period preceding initial application for the license, and has paid the original license fee. Master cosmetologist, barber, manicurist or esthetician licenses shall be renewable upon completion of a minimum course of eight (8) hours' study in continuing education approved by the board within a licensing period and payment of the required renewal fee. This is an optional license and persons who do not wish to complete the continuing education requirement may obtain a cosmetology license when renewing their license.
(2) Each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section 93-11-64.
SECTION 11. Section 73-7-15, Mississippi Code of 1972, is amended as follows:
73-7-15. (1) The board shall admit to examination for a cosmetology instructor's license any person who has made application to the board in proper form, has paid the required fee, and who:
(a) Is not less than twenty-one (21) years of age;
* * *
( * * *b) Is a graduate of a licensed cosmetology
school;
( * * *c) Has a high school education or its equivalent;
( * * *d) Has successfully completed one thousand
(1,000) hours of instructor training in a licensed school of cosmetology;
( * * *e) Has successfully completed six (6) semester
hours in college courses approved by the board;
( * * *f) Holds a current, valid Mississippi cosmetology
license; and
( * * *g) Has at least one (1) year active practical
experience as a cosmetologist or, as an alternative to such experience, has
successfully completed one thousand (1,000) hours of instructor training in a licensed
school of cosmetology.
(2) The board shall admit to examination for an esthetics instructor's license any person who has made application to the board in proper form, has paid the required fee, and who:
(a) Is not less than twenty-one (21) years of age;
* * *
( * * *b) Has a high school education or its equivalent;
( * * *c) Has successfully completed one thousand
(1,000) hours of instructor training in a licensed school in which the practice
of esthetics is taught;
( * * *d) Has successfully completed six (6) semester
hours in college courses approved by the board;
( * * *e) Holds a current, valid Mississippi esthetician's
license; and
( * * *f) Has had one (1) year of active practical
experience as an esthetician or, as an alternative to such experience, has successfully
completed one thousand (1,000) hours of instructor training in a licensed school
in which the practice of esthetics is taught.
(3) The board shall admit to examination for a manicurist instructor's license any person who has made application to the board in proper form, has paid the required fee, and who:
(a) Is not less than twenty-one (21) years of age;
* * *
( * * *b) Has a high school education or its equivalent;
( * * *c) Has successfully completed one thousand
(1,000) hours of instructor training in a licensed school in which the practice
of manicuring is taught;
( * * *d) Has successfully completed six (6) semester
hours in college courses approved by the board;
( * * *e) Holds a current, valid Mississippi manicurist's
license; and
( * * *f) Has had one (1) year of active practical
experience as a manicurist or, as an alternative to such experience, has successfully
completed one thousand (1,000) hours of instructor training in a licensed school
in which the practice of manicuring is taught.
(4) Applicants shall satisfactorily pass the examination prescribed by the board for licensing instructors prior to the issuance of the licenses provided for in this section. However, the board may, in its discretion, issue a temporary instructor's permit until such time as the next examination may be held, but such applicant shall be issued only one (1) temporary permit. All applications for an instructor's examination shall be accompanied by two (2) recent head photographs of the applicant.
(5) All instructors licensed pursuant to this section shall biennially obtain twenty-four (24) clock hours of continuing education in teacher training instruction in cosmetology or esthetics or manicuring, as the case may be, as approved by the board. Any instructor who fails to obtain the continuing education required by this subsection shall not be allowed to instruct nor enroll students under his or her license until such education requirement has been met. The board may issue an inactive instructor's license to such instructors, and an inactive license may be converted into an active license after proof satisfactory to the board of completion of at least twenty-four (24) clock hours of approved continuing education required for teacher training instruction.
(6) Each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section 93-11-64.
SECTION 12. Section 73-7-16, Mississippi Code of 1972, is amended as follows:
73-7-16. (1) * * * All
schools of cosmetology or barbering or school owners shall have a school
license and shall pay to the board the required license fee. The board shall
promulgate necessary and reasonable rules and regulations for the issuance of school
licensees.
(2) * * * Any school making application for a license
under this chapter shall not be transferable for any cause and shall include a
surety bond in the penal sum of Fifty Thousand Dollars ($50,000.00) in favor of
the board on a bond form completed by the insurance company or agency. The
applicant may file in lieu of the bond, cash or a certificate of deposit or
government bonds in the amount of Fifty Thousand Dollars ($50,000.00).
(3) * * * The school applicant shall maintain
a professional liability insurance policy covering any aspect of the facility,
personnel and/or students.
(4) The school shall meet all applicable health and safety standards that may be required by local, state and federal agencies.
(5) Private business and vocational schools that have obtained national accreditation from an accrediting agency designated by the United States Department of Education must submit evidence of current accreditation.
(6) The course content and length of instruction shall be of such nature and quality as to assure that the students will adequately develop the job skills and knowledge necessary for passing any and all examinations required for licensure.
(7) Schools shall provide favorable conditions for effective classroom instruction. A total pattern of successful instruction includes:
(a) Well-defined instructional objectives;
(b) Systematic planning;
(c) Selection and use of varied types of learning materials and experiences;
(d) Adaptation of organization and instructional procedures to student needs;
(e) Use of varied evaluation instruments and procedures; and
(f) Good student and teacher morale.
(8) Each board-approved school of cosmetology, barbering, esthetics or manicuring must provide proof to the board of an annual pass rate that meets or exceeds the current minimum standard as established by the board.
(9) The board will evaluate school curriculum for conformance with educational requirements set forth by the Mississippi Cosmetology and Barbering Act.
(10) There shall be no automatic renewal of school licenses and each licensee shall be audited for conformity before the issuance of any new license.
(11) The licensee shall notify the board at least thirty (30) days in advance of closure and provide a teach-out plan for existing students which must be approved by the board.
(12) If a school closes a facility, the licensee must notify the board within sixty (60) days before closing and provide proof of the reason for the closure; proof of method developed to assist students with the completion of their program of study and individual courses; proof of notice sent to all currently enrolled students, notifying them of the closure; proof of notice given to students indicating where they may obtain any of their records; proof of disposition of student records, with a contact person, complete address and telephone number and how students' information may be obtained; proof of notice sent to all students who have paid for any tuition and/or fees for future enrollment in a program of study or individual course informing them of the closure, and refund information; proof of certified transcripts for each currently enrolled student who has paid for and completed coursework in lieu of receiving a full or partial refund. If a school files a bankruptcy petition, a certified copy must be filed with the board.
(13) School licenses may be issued, as follows:
(a) Temporary licenses may be issued for a one-year period. These licenses may be issued to new schools with less than two (2) graduating classes. Schools shall submit annual reports by July 16 of each year unless otherwise specified. Prospective students before enrolling and enrolled students shall be notified in writing of the school's temporary status.
(b) Probationary licenses shall indicate warning status and may be issued for a one-year period. These licenses may be issued to new schools with less than two (2) graduating classes and with any significant violation(s) in the most recent year. Such schools shall submit annual reports by July 16 of each year unless otherwise specified. Such schools shall notify both prospective students before their enrolling and enrolled students in writing of the school's probationary status.
(c) Conditional licenses may be issued to schools for a one-year period. Conditional license status for schools that previously held a nonconditional license shall not exceed two (2) years. Such schools shall submit annual reports by July 16 of each year unless otherwise specified. Such schools shall notify both prospective students before their enrolling and enrolled students in writing of the school's conditional status.
These licenses may be issued to schools with two (2) or more graduating classes and with any of the following:
(i) Any significant violation(s) in the most recent year; and
(ii) Either the school's annual pass rate or the school's comprehensive pass rate does not meet or exceed the board's current minimum standard.
(d) Nonconditional licenses may be issued for a two-year period. Such schools shall submit annual reports by July 16 of each year unless otherwise specified. These licenses may be issued to schools with two (2) or more graduating classes and with all of the following:
(i) No significant violation(s) in the most recent year; and
(ii) Either an annual pass rate or a comprehensive pass rate that meets or exceeds the board's current minimum standard.
(14) The combined temporary, probationary and/or conditional license status for schools shall not exceed a five-year-consecutive period before moving to a nonconditional license status.
(15) Cosmetology and barber school owners, instructors, and/or employees or contractors of the school shall adhere to the Board of Cosmetology and Barbering laws and relevant rules and regulations and shall regard students with the same care and consideration as clients.
(16) The board will evaluate school curriculum for conformance with educational requirements set forth by the Mississippi Cosmetology and Barbering Act.
(17) There shall be no automatic renewal of school licenses and each licensee shall be audited for conformity. Before the issuance of any such license, the board shall inspect the premises to determine if same qualifies with the law and regulations.
(18) Each application made under this section shall include the social security number of the applicant, owners or agents in accordance with Section 93-11-64.
SECTION 13. Section 73-7-17, Mississippi Code of 1972, is amended as follows:
73-7-17. (1) All salon and/or barber business owners shall have a salon and/or barber business license and shall pay to the board the required license fee therefor and pay the required renewal fee for renewal thereof. A grace period of sixty (60) days will be given in which to renew the license, and upon the expiration of the grace period of sixty (60) days any applicant for the renewal of a salon and/or barber business license will be required to pay a delinquent fee in addition to the renewal fee. A salon and/or barber business license that has been expired for over one (1) year is nonrenewable and requires a new application. Prior to the initial issuance of such license, the board shall inspect the premises to determine if same qualifies with the law, upon payment by the applicant of the required inspection fee.
(2) Each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section 93-11-64, Mississippi Code of 1972.
SECTION 14. Section 73-7-18, Mississippi Code of 1972, is amended as follows:
73-7-18. (1) The board shall admit to examination for an esthetician's license any person who has made application to the board in proper form, has paid the required fee, and who:
(a) Is not less than * * * sixteen (16) years of age;
* * *
( * * *b) Has a * * * tenth-grade education or its
equivalent or has been successfully enrolled in a community college; and
( * * *c) Has successfully completed a course
of training in esthetics of not less than six hundred (600) hours in an accredited
school in which the practice of esthetics is taught, including not less than one
hundred (100) hours of theory and five hundred (500) hours of skill practice or
an apprenticeship program of twelve hundred (1200) hours certified by the board.
Apprenticeships provided for in this section may be monitored or mentored
by a person with an instructor license in cosmetology or esthetics. Only one
(1) apprentice may be mentored by any person at the same time.
Licensed estheticians desiring to pursue additional hours to be eligible for a license as a cosmetologist may be credited with any hours acquired in studying and training to be an esthetician, which may be applied to the number of hours required for a cosmetology license examination.
* * *
(2) Every person who has completed not less than three hundred fifty (350) hours of training in esthetics approved by the board in this or any other state prior to July 1, 1987, shall be registered with the board within a period not exceeding six (6) months after July 1, 1987, and shall be granted an esthetician's license by the board if such person presents satisfactory evidence to the board that he or she has fulfilled all the requirements to be admitted to examination except the training hours requirement.
(3) Each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section 93-11-64.
SECTION 15. Section 73-7-19, Mississippi Code of 1972, is amended as follows:
73-7-19. (1) Except as provided in Section 33-1-39, all licenses shall be renewed biennially under the fee schedule in Section 73-7-29. Applications for renewal of licenses for cosmetologists, barbers, estheticians, manicurists and instructors must be accompanied by the required renewal fee. A grace period of sixty (60) days will be given in which to renew the license; and upon the expiration of the grace period of sixty (60) days, any applicant for the renewal of a license will be required to pay the required renewal fee and a delinquent fee in addition to the renewal fee. The fees may be paid by either personal or certified check, cash or money order, under such safeguards, rules and regulations as the board may prescribe. Checks returned to the board because of insufficient funds shall result in nonrenewal of the license, which will require the penalty fee for insufficient fund checks plus all other amounts due for renewal of the license before the license may be renewed. After one (1) year has passed from the expiration date of the license, a delinquent fee must be paid for each year up to three (3) years, after which the required examination must be taken. All applications for examination required by this chapter shall expire ninety (90) days from the date thereof.
(2) Each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section 93-11-64.
SECTION 16. Section 73-7-21, Mississippi Code of 1972, is amended as follows:
73-7-21. (1) The board shall admit to examination for a manicurist's license any person who has made application to the board in proper form, has paid the required fee, and who:
(a) Is at least * * * sixteen (16) years of age;
* * *
( * * *b) Has successfully completed no less than
three hundred fifty (350) hours of practice and related theory in manicuring and
pedicuring over a period of no less than nine (9) weeks in an accredited school
of cosmetology in this or any other state, or in an apprenticeship program
of seven hundred (700) hours certified by the State Board of Cosmetology and
Barbering. Apprenticeships provided for in this section may be monitored or
mentored by a person with an instructor license in cosmetology or manicuring. Only
one (1) apprentice may be mentored by any person at the same time; and
(d) Has a * * * tenth-grade education or its
equivalent, or has been successfully enrolled in a community college.
(2) Licensed manicurists desiring
to pursue additional hours to be eligible for a license as a cosmetologist may be
credited with * * * any hours acquired in studying and training
to be a manicurist, which may be applied to the number of hours required
for a cosmetology license examination.
(3) The board shall adopt regulations governing the use of electric nail files for the purpose of filing false or natural nails.
(4) Each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section 93-11-64.
SECTION 17. Section 73-7-23, Mississippi Code of 1972, is amended as follows:
73-7-23. (1) The board may,
upon application, issue a license by reciprocity to any cosmetologist, barber,
esthetician or manicurist over the age of * * *
sixteen (16) years from any other state who has satisfactorily completed
the required number of accredited hours in that state, provided the state board
from which the applicant comes issues to cosmetologists, barbers, estheticians
or manicurists, as the case may be, from the State of Mississippi a license under
the same conditions and the other state has entered into a written reciprocal
agreement between participating states. Applications must be accompanied by
(a) proof satisfactory to the board that the required hours have been completed,
and (b) the required reciprocity fee, which shall be paid to the board.
(2) An instructor from any other
state may be qualified for a Mississippi instructor's license upon presenting a
valid instructor's license and proof of a high school education or its equivalent,
provided that the instructor (a) is not less than twenty-one (21) years of age,
(b) has completed training equivalent to the State of Mississippi's training as
provided in Section 73-7-15 or has three (3) years or more of experience as a licensed
instructor prior to application, (c) * * * has completed
twelve (12) semester hours in college courses approved by the board, and ( * * *d) has completed a minimum of five (5) continuing
education hours in Mississippi board laws, rules and regulations. Such application
must be accompanied by two (2) recent passport photographs of the applicant. Applicants
shall pay the required license fee.
(3) An applicant for a Mississippi instructor's license by reciprocity who has not completed the college courses requirement at the time of application may apply for a onetime temporary teaching permit, which shall be valid for six (6) months and shall be nonrenewable. Such application must be accompanied by proof of enrollment in college course(s), required permit fee, two (2) recent passport photographs of the applicant and other documentation as required for application for a Mississippi instructor's license by reciprocity. Upon proof of completion of college courses and payment of the required license fee, a Mississippi instructor's license shall be issued.
(4) The issuance of a license by reciprocity to a military-trained applicant, military spouse or person who establishes residence in this state shall be subject to the provisions of Section 73-50-1 or 73-50-2, as applicable.
SECTION 18. Section 73-7-25, Mississippi Code of 1972, is amended as follows:
73-7-25. Every demonstrator in the field of cosmetology or barbering shall, before making demonstrations in a salon and/or barber business or school, apply for and obtain a permit from the board. For such permit, which shall be for one (1) year, the required fee shall be paid to the board. This section shall be construed to apply to demonstrators in salons and barber businesses and schools.
SECTION 19. Section 73-7-27, Mississippi Code of 1972, is amended as follows:
73-7-27. (1) Any complaint may be filed with the board by a member or agent of the board or by any person charging any licensee of the board with the commission of any of the offenses enumerated in subsection (2) of this section. Such complaint shall be in writing, signed by the accuser or accusers, and verified under oath, and such complaints shall be investigated as set forth in Section 73-7-7. If, after the investigation, the board through its administrative review agents determines that there is not substantial justification to believe that the accused licensee has committed any of the offenses enumerated, it may dismiss the complaint or may prepare a formal complaint proceeding against the licensee as hereinafter provided. When used with reference to any complaint filed against a licensee herein, the term "not substantial justification" means a complaint that is frivolous, groundless in fact or law, or vexatious, as determined by unanimous vote of the board. In the event of a dismissal, the person filing the accusation and the accused licensee shall be given written notice of the board's determination. If the board determines there is reasonable cause to believe the accused has committed any of those offenses, the secretary of the board shall give written notice of such determination to the accused licensee and set a day for a hearing as provided in subsection (3) of this section.
(2) The board shall have the power to revoke, suspend or refuse to issue or renew any license or certificate provided for in this chapter, and to fine, place on probation and/or otherwise discipline a student or licensee or holder of a certificate, upon proof that such person: (a) has not complied with an order, decision or ruling of the board or has violated any of the rules and regulations promulgated by the board; (b) has not complied with or has violated any of the sections of this chapter; (c) has committed fraud or dishonest conduct in the taking of the examination herein provided for; (d) has been convicted of a felony; (e) has committed grossly unprofessional or dishonest conduct; (f) is addicted to the excessive use of intoxicating liquors or to the use of drugs to such an extent as to render him or her unfit to practice in any of the practices or occupations set forth in this chapter; (g) has advertised by means of knowingly false or deceptive statements; or (h) has failed to display the license or certificate issued to him or her as provided for in this chapter; or (i) has been convicted of violating any of the provisions of this chapter. A conviction of violating any of the provisions of this chapter shall be grounds for automatic suspension of the license or certificate of such person.
(3) (a) The board shall not revoke, suspend or refuse to issue or renew any license or certificate, or fine, place on probation or otherwise discipline any person in a disciplinary matter except after a hearing of which the applicant or licensee or holder of the certificate affected shall be given at least twenty (20) days' notice in writing, specifying the reason or reasons for denying the applicant a license or certificate of registration, or in the case of any other disciplinary action, the offense or offenses of which the licensee or holder of a certificate of registration is charged. Such notice may be served by mailing a copy thereof by United States first-class certified mail, postage prepaid, to the last-known residence or business address of such applicant, licensee or holder of a certificate. The hearing on such charges shall be at such time and place as the board may prescribe. The provisions of this paragraph (a) shall not apply to the board's collection of a civil penalty or fine imposed by the board under paragraph (b) of this subsection.
(b) Any civil penalty or fine imposed by the board under this chapter shall become due and payable when the person incurring the penalty receives a notice in writing from the board of the penalty. The notice shall be sent by registered or certified mail. The person to whom the notice is addressed shall have thirty (30) days from the date of mailing of the notice in which to make written application for a hearing. Any person who makes that application shall be entitled to a hearing. The hearing shall be conducted as a contested case hearing. When an order assessing a civil penalty under this section becomes final by operation of law or on appeal, unless the amount of penalty is paid within ten (10) days after the order becomes final, it may be recorded with the circuit clerk in any county of this state. The clerk shall then record the name of the person incurring the penalty and the amount of the penalty in his lien record book.
(4) At such hearings, all witnesses shall be sworn by a member of the board or court reporter, and stenographic notes of the proceedings shall be taken. Any party to the proceedings desiring it shall be furnished with a copy of such stenographic notes upon payment to the board of such fees as it shall prescribe, not exceeding, however, the actual costs of transcription.
(5) The board is hereby authorized and empowered to issue subpoenas for the attendance of witnesses and the production of books and papers. The process issued by the board shall extend to all parts of the state and such process shall be served by any person designated by the board for such service. The person serving such process shall receive such compensation as may be allowed by the board, not to exceed the fee prescribed by law for similar services. All witnesses who shall be subpoenaed, and who shall appear in any proceedings before the board, shall receive the same fees and mileage as allowed by law.
(6) Where in any proceeding before the board any witness shall fail or refuse to attend upon subpoena issued by the board, shall refuse to testify, or shall refuse to produce any books and papers, the production of which is called for by the subpoena, the attendance of such witness and the giving of his testimony and the production of the books and papers shall be enforced by any court of competent jurisdiction of this state, in the same manner as are enforced for the attendance and testimony of witnesses in civil cases in the courts of this state.
(7) The board shall conduct the hearing in an orderly and continuous manner, granting continuances only when the ends of justice may be served. The board shall, within sixty (60) days after conclusion of the hearing, reduce its decision to writing and forward an attested true copy thereof to the last-known residence or business address of such applicant, licensee or holder of a certificate, by way of United States first-class certified mail, postage prepaid. Such applicant, licensee, holder of a certificate, or person aggrieved shall have the right of appeal from an adverse ruling, or order, or decision of the board to the Chancery Court of the First Judicial District of Hinds County, Mississippi, upon forwarding notice of appeal to the board within thirty (30) days after the decision of the board is mailed in the manner here contemplated. An appeal will not be allowed in the event notice of appeal, together with the appeal bond hereinafter required, shall not have been forwarded to the board within the thirty-day period. Appeal shall be to the Chancery Court of the First Judicial District of Hinds County, Mississippi. The appeal shall thereupon be heard in due course by the court which shall review the record and make its determination thereon.
(8) The appellant shall, together
with the notice of appeal, * * * first pay the
costs for the transcription of the record of the hearing(s) and proceeding(s) before
the board in which the adverse ruling, order or decision of the board was made.
(9) In the event of an appeal, the court shall dispose of the appeal and enter its decision promptly. The hearing on the appeal may, in the discretion of the chancellor, be tried in vacation. If there is an appeal, such appeal may, in the discretion of and on motion to the chancery court, act as a supersedeas. However, any fine imposed by the board under the provisions of this chapter shall not take effect until after the time for appeal has expired, and an appeal of the imposition of such a fine shall act as a supersedeas.
(10) Any fine imposed by the
board upon a licensee or holder of a certificate shall be in accordance with the
following * * * class designation of fines:
(a) * * *
Class A. Class A violations shall
be set at no less than Five Hundred Dollars ($500.00) nor more than One
Thousand Dollars ($1,000.00). Class A violations are specific to the
following:
(i) Unlicensed practice or the use of fraudulent statements to obtain any benefits or privileges under this chapter or practicing one (1) of the occupations without a license. These violations will be handled in accordance with the requirements of Section 73-7-27 or 73-7-37, as applicable; and
(ii) Extremely dangerous to the health and safety of the general public.
(b) Class B. Class B violations shall be set at no less than Two Hundred Fifty Dollars ($250.00) nor more than Seven Hundred Fifty Dollars ($750.00). Class B violations are major health and safety concerns that are detrimental to public safety and welfare.
(c) Class C. Class C violations shall be set at no less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00). Class C violations are minor health and safety violations that are detrimental to public safety and welfare.
The power and authority of the board to impose such fines under this section shall not be affected or diminished by any other proceeding, civil or criminal, concerning the same violation or violations.
(11) In addition to the reasons specified in subsection (2) of this section, the board shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. Actions taken by the board in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.
SECTION 20. Section 73-7-29, Mississippi Code of 1972, is amended as follows:
73-7-29. The * * * board * * * shall assess fees in
the following amounts and for the following purposes:
(a) Initial license/renewal
for cosmetologist, barber, manicurist * * * or esthetician * * *
...........................................................$ 50.00
(b) Instructor initial license/renewal........... 80.00
(c) Master cosmetologist or barber license/renewal............................................. 70.00
(d) Delinquent renewal
penalty - cosmetologist, barber, manicurist * * * or esthetician * * * and instructor..................................................
50.00
There shall be no renewal fee for any licensee seventy (70) years of age or older.
(e) Salon/barber business application and initial inspection.................................................. 85.00
(f) Salon/barber business reinspection........... 35.00
(g) Salon/barber business change of ownership or location, or both........................................... 85.00
(h) Salon/barber business renewal................ 60.00
(i) Salon/barber business delinquent renewal penalty..................................................... 50.00
(j) Application and initial inspection for a
new school................................................. 300.00
(k) New school reinspection..................... 100.00
(l) School change of ownership.................. 300.00
(m) School relocation........................... 150.00
(n) School renewal............................... 75.00
(o) School delinquent renewal penalty........... 100.00
(p) Duplicate license............................ 10.00
(q) Penalty for insufficient fund checks......... 20.00
(r) Affidavit processing......................... 15.00
The * * * board * * * may charge additional fees for services
which the board deems appropriate to carry out its intent and purpose. These additional
fees shall not exceed the cost of rendering the service.
The board is fully authorized to make refunds of any deposits received by the board for services which are not rendered. Refunds will automatically be made on overpayment of fees. Refunds will be made on underpayments by written requests from applicants. If no request for refund is made within sixty (60) days, the fees will be forfeited.
SECTION 21. Section 73-7-33, Mississippi Code of 1972, is amended as follows:
73-7-33. In addition to the rules and regulations that may be prescribed and promulgated by the board under authority of this chapter, the following rules and regulations shall be observed:
Every establishment must be kept sanitary, including all utensils and equipment, must be well ventilated and properly lighted. Each salon and/or barber business must be provided with hot and cold running water. Electrical appliances must be properly installed and grounded.
Cosmetologists and barbers shall be allowed to wear any type of clothing or apparel while at work as long as such clothing or apparel is sanitary.
Cosmetologists shall be allowed to use any type of hair roller as long as they do so in a sanitary manner.
Persons with a communicable disease or parasitic infection that is medically recognized to be a direct threat of transmission by the type of contact that practitioners have with clients are not to be permitted to practice in an establishment until their condition is no longer communicable under those circumstances. No work shall be performed on any patron having a visible disease unless the patron shall produce a certificate from a practicing physician stating that the patron is free from infectious, contagious or communicable disease. A cosmetologist's license or barbering license does not authorize such person to treat or prescribe for an infectious, contagious or any other disease.
A home salon and/or barbering business must have a solid wall to the ceiling with an outside entrance, or if a door exists between the salon and the remainder of the house, the door must be kept closed at all times while service is being rendered.
SECTION 22. Section 73-7-35, Mississippi Code of 1972, is amended as follows:
73-7-35. (1) No person licensed pursuant to this chapter shall practice his or her profession except within the physical confines of a salon and/or barber business possessing and displaying a properly executed license issued pursuant to Section 73-7-17. However, this requirement shall not prevent a person from rendering his or her services to any person who may be confined to his or her home, a hospital, or other place as a result of illness, and cosmetologists and barbers shall be permitted to render their services to deceased persons away from their salons and/or barber business.
(2) No salon and/or barber business owner licensed pursuant to this chapter shall allow a cosmetologist, barber, esthetician, or manicurist to practice his/her profession in the salon and/or barber business without possessing a valid license issued pursuant to this chapter.
SECTION 23. Section 73-7-37, Mississippi Code of 1972, is amended as follows:
73-7-37. (1) The violation of any of the provisions of
this chapter, including the use of fraudulent statements to obtain any benefits
or privileges under this chapter or practicing one (1) of these professions
without a license, shall constitute a misdemeanor, punishable in any court of
competent jurisdiction at the seat of government, and any person or firm convicted
of the violation of any of the provisions of this chapter shall be fined not
less than * * * Five Hundred
Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00). The
court shall not be authorized to suspend or suspend the execution of the fine
required under this section.
(2) If any person, * * * salon, school or other
type of business entity engaged in the practice or teaching of the provisions governed
by this chapter violates any of the provisions of this chapter, the secretary
of the board, upon direction of a majority of the board and in the name of the
board, acting through the Attorney General or an attorney employed by the board,
shall apply in the Chancery Court of the * * *
county in which the person or licensee resides or in the county in which the
person or licensee practices, or the county in which the salon, school or other
type of business entity is located, for an order enjoining such violation or
for an order enforcing compliance with the provisions of this chapter. Upon
the filing of a verified petition in the chancery court and after notice as
provided under the Mississippi Rules of Civil Procedure, such court, if satisfied
by the sworn petition, by affidavit or otherwise, that such person or entity
has violated any of the provisions of this chapter, may issue an injunction
without notice or bond, enjoining such continued violation and such injunction
shall remain in force and effect until a final hearing. If at such hearing it
is established that such person or entity has violated or is violating
any of the provisions of this chapter, the court may enter a decree permanently
enjoining such violation or enforcing compliance with this chapter. In addition,
the court may enter a judgment against such person or entity for
attorney's fees, court costs and the actual costs incurred by the board in investigating
the actions of such person or entity for which the board brought the suit
for an injunction. In case of violation of any decree issued in compliance
with this subsection, the court may punish the offender for contempt of court and
the court shall proceed as in other cases.
(3) The proceedings in this section shall be in addition to and not in lieu of the other remedies and penalties provided in this chapter.
SECTION 24. Section 73-5-8, Mississippi Code of 1972, is amended as follows:
73-5-8. Any person is qualified to receive a certificate of registration as a barber instructor who:
(a) Is * * * twenty-one (21) years of
age or older;
(b) Is of good moral and temperate habits;
* * *
( * * *c) Possesses a high school education
or its equivalent;
( * * *d) Has successfully completed not less
than fifteen hundred (1500) hours at a barbering school approved by the State
Board of * * * Cosmetology and Barbering and holds a valid certificate
of registration to practice barbering;
( * * *e) Has (i) not less than two (2) years
of active experience as a registered barber and has successfully completed not
less than six hundred (600) hours of barber instructor training at a school
approved by the board, or (ii) less than two (2) years of active experience as
a registered barber and has successfully completed not less than one thousand
(1,000) hours of barber instructor training at a school approved by the board;
and
( * * *f) Has passed a satisfactory
examination conducted by the board to determine his fitness to practice as a
barber instructor.
All instructors licensed pursuant to this section shall biennially obtain twenty four (24) hours of continuing education in teacher training instruction in barbering. Such education shall be acquired in classes or trade show teaching materials that are approved by the board. Any instructor who fails to obtain the continuing education required by this subsection shall not be allowed to instruct nor enroll students under his or her license until such education requirement have been met. The board may issue an inactive instructor's license to such instructors, and an inactive license may be converted into an active license after proof satisfactory to the board of completion of at least twenty four (24) hours of approved continuing education required for teacher training instruction.
All persons who have received a certificate of registration as a barber instructor from the board before July 1, 2002, shall be considered to have met the requirements of this section, and all those certificates of registration shall be renewable as otherwise provided in this chapter.
The board will implement an active and inactive instructor license. In order to renew an active license, instructors holding an active license shall be required to submit proof of twelve (12) hours of continuing education each year to the Board of Barber Examiners. That education shall be acquired in classes or trade shows teaching materials that are approved by the board. Instructors holding an inactive license shall be required to submit proof of twelve (12) hours continuing education before upgrading to an active status.
SECTION 25. Section 73-5-11, Mississippi Code of 1972, is amended as follows:
73-5-11. (1) To be eligible
for enrollment at a barbering school approved by the * * * State Board of
Cosmetology and Barbering, a person shall * * *
be at least sixteen (16) years of age, have a minimum education of tenth grade
or its equivalent, and/or shall have satisfactorily passed the Ability-to-Benefit
Test (ATB) approved by the U.S. Department of Education.
(2) Any person is qualified to receive a certificate of registration to practice barbering:
(a) Who is qualified under the provisions of this chapter;
(b) Who is of good moral character and temperate habits;
(c) Who has completed
not less than fifteen hundred (1500) hours at a barbering school approved by
the * * * State Board of Cosmetology and Barbering or three
thousand (3,000) hours of board-approved apprenticeship training. Apprenticeships
shall only be monitored and mentored by those with an instructor license and
there shall be only one (1) apprentice per mentor; and
(d) Who has passed a
satisfactory examination conducted by the board * * * to determine his fitness to practice
barbering.
(3) A temporary permit to
practice barbering until the next examination is given may be issued to a student
who has completed not less than fifteen hundred (1500) hours at a barbering
school approved by the * * * State Board of Cosmetology and Barbering
or three thousand (3,000) hours of board-approved apprenticeship training. In
no event shall a person be allowed to practice barbering on a temporary permit
beyond the date the next examination is given, except because of personal
illness.
(4) The ability to read, write and speak English shall not be a requirement for licensure as a registered barber.
SECTION 26. Section 73-5-12, Mississippi Code of 1972, is amended as follows:
73-5-12. Any cosmetologist who * * * has
successfully completed not less than fifteen hundred (1500) hours in an
accredited school of cosmetology, and holds a valid, current license, shall be
eligible to take the barber examination to secure a certificate of registration
as a barber upon successfully completing six hundred (600) hours in a barber
school approved by the State Board of * * * Cosmetology and Barbering.
All fees for application,
examination, registration and renewal thereof shall be the same as provided for
in * * *
Section 73-7-1 et seq.
SECTION 27. On or before December 15, 2025, the PEER Committee shall conduct a review of the operations of the State Board of Cosmetology and Barbering and report its findings to the Legislature with recommendation on whether or not the board has carried out its mandate effectively and efficiently. PEER shall also make recommendations to the Legislature on improvements that need to be made to ensure effective and efficient operations in the future.
SECTION 28. The Department of Finance and Administration, the Department of Information Technology Services, and the State Personnel Board shall assist the boards in carrying out the consolidation required by this act. This section shall stand repealed on July 1, 2025.
SECTION 29. Sections 73-5-1, 73-5-3, 73-5-5, 73-5-7, 73-5-9, 73-5-15, 73-5-17, 73-5-19, 73-5-21, 73-5-23, 73-5-25, 73-5-27, 73-5-29, 73-5-31, 73-5-33, 73-5-35, 73-5-37, 73-5-39, 73-5-41, 73-5-43 and 73-5-45, Mississippi Code of 1972, which create the State Board of Barber Examiners and prescribe its powers and duties regarding the licensing of barbers, are repealed.
SECTION 30. This act shall take effect and be in force from and after July 1, 2024, except for Section 28, which shall take effect and be in force from and after the passage of this act.
