Bill Text: MS SB2342 | 2021 | Regular Session | Introduced

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Bill Title: Board of Cosmetology; exempt certain beauty services from licensing and registration requirements.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2021-02-02 - Died In Committee [SB2342 Detail]

Download: Mississippi-2021-SB2342-Introduced.html

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MISSISSIPPI LEGISLATURE

2021 Regular Session

To: Public Health and Welfare

By: Senator(s) England

Senate Bill 2342

AN ACT TO AMEND SECTION 73-7-2, MISSISSIPPI CODE OF 1972, TO DEFINE CERTAIN BEAUTY SERVICES; TO EXCLUDE THREADING FROM THE DEFINITION OF COSMETOLOGY AND ESTHETICS; TO AMEND SECTION 73-7-31, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT HAIR ARRANGING, THREADING AND EXTENDING EYELASHES SHALL NOT REQUIRE A LICENSE; TO REPEAL SECTION 73-7-71, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE REGISTRATION REQUIREMENTS FOR THOSE SEEKING TO PERFORM HAIR BRAIDING; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  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 ascribed herein unless the context otherwise requires:

          (a)  "Board" means the State Board of Cosmetology.

          (b)  "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 by tweezing, waxing * * *, threading or any other methods of epilation, excluding threading, or tinting eyebrows and eyelashes.

              (v)  Removing superfluous hair by the use of depilation, excluding threading.

              (vi)  Manicuring and pedicuring.

          (c)  "Cosmetologist" means a person who for compensation, whether direct or indirect, engages in the practice of cosmetology.

          (d)  "Esthetics" means any one (1) or a combination of the following practices:

 * * *   (i)  Massaging the face or neck of a person.

              ( * * *iii)  Arching eyebrows to include trimming, tweezing, * * * waxing, threading or * * * any other methods of epilation or tinting eyebrows and eyelashes.

              ( * * *iiiii)  Tinting eyelashes or eyebrows.

              ( * * *iviii)  Waxing, stimulating * * *, or 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.

          (e)  "Esthetician" means any person who, for compensation, either direct or indirect, engages in the practice of esthetics.

          (f)  "Extending eyelashes" means to apply artificial eyelash extensions with glue to natural eyelashes or to remove artificial eyelash extensions.

          (g)  "Hair arranging" means to arrange, style, curl, dry or straighten hair by hand or mechanical device.  It includes the use of hair sprays and topical agents, such as balms, oils and serums, and the use and styling of hair extensions and wigs.  It also includes massaging the face and neck.  It does not include cutting hair or the application of dyes, bleach, reactive chemicals, keratin treatments or other preparations to color or alter the structure of hair.

          (h)  "Hair braiding" means the use of techniques that result in tension on hair strands or roots by twisting, wrapping, weaving, extending, locking or braiding of the hair by hand or mechanical device, but does not include the application of dyes, reactive chemicals, or other preparations to alter the color of the hair or to straighten, curl or alter the structure of the hair.

          ( * * *fi)  "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.

          ( * * *gj)  "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.

          ( * * *hk)  "Manicurist" means a person who for compensation, either direct or indirect, engages in the practice of manicuring and pedicuring.

          ( * * *il)  "Master" means a person holding a cosmetology, manicuring and esthetics license who has completed the minimum course of continuing education prescribed by Section 73-7-14.

          (m)  "Mechanical devices" means clips, combs, crochet hooks, curlers, curling irons, hairpins, rollers, scissors, blunt-tipped needles, thread, hair binders and similar instruments.

          ( * * *jn)  "Salon" means an establishment operated for the purpose of engaging in the practice of cosmetology, or manicuring and pedicuring, or esthetics, or wigology, or all of those.

          ( * * *ko)  "School" means an establishment, public or private, operated for the purpose of teaching cosmetology, or manicuring and pedicuring, or esthetics, or wigology, or all of those.

          (p)  "Threading" means to remove hair from the eyebrows, upper lip, or other body parts by using cotton thread to pull hair from follicles.

     SECTION 2.  Section 73-7-31, Mississippi Code of 1972, is amended as follows:

     73-7-31.  Nothing in this chapter shall apply to:

          (a)  Hairdressing, manicuring or facial treatments given in the home to members of family or friends for which no charge is made.

          (b)  Persons whose practice is limited to the application of cosmetic products to another person * * * in connection with the sale, or attempted sale, of such products at retail, without compensation from such other person other than the regular retail price of such merchandise, with or without compensation.

          (c)  Barbers, and nothing in this chapter shall affect the jurisdiction of the State Board of Barber Examiners.

          (d)  Persons engaged in the practice of hair braiding * * * as defined in Section 73‑7‑71 who have completed the self‑test part of the brochure on infection control techniques prepared by the State Department of Health and who keep the brochure and completed self‑test available at the location at which the person is engaged in hair braiding, hair arranging, shampooing and conditioning hair, threading, or extending eyelashes.

     SECTION 3.  Section 73-7-71, Mississippi Code of 1972, which provides for the registration requirements for those seeking to perform hair braiding, is hereby repealed.

     SECTION 4.  This act shall take effect and be in force from and after July 1, 2021.

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