Bill Text: MS SB2563 | 2024 | Regular Session | Introduced
Bill Title: State Board of Cosmetology and Board of Barber Examiners; merge into one board.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2024-03-05 - Died In Committee [SB2563 Detail]
Download: Mississippi-2024-SB2563-Introduced.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Government Structure; Public Health and Welfare
By: Senator(s) DeLano
Senate Bill 2563
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, 73-7-31, 73-7-33, 73-7-35, 73-7-37 AND 73-7-71, 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 LICENSE FEES; TO SET THE BARBERING AND COSMETOLOGY SCHOOL REQUIREMENTS; TO SET CERTAIN VIOLATIONS, PENALTIES AND FINES; TO MAKE TECHNICAL AMENDMENTS TO CONFORM; TO BRING FORWARD SECTION 73-7-5, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; TO CREATE NEW SECTION 73-7-13.1, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR BARBER LICENSING REQUIREMENTS; TO REPEAL SECTIONS 73-7-63, MISSISSIPPI CODE OF 1972, WHICH PROVIDES A REPEALER ON THE STATE BOARD OF COSMETOLOGY; TO REPEAL SECTION 73-5-1, MISSISSIPPI CODE OF 1972, WHICH CREATES THE STATE BOARD OF BARBER EXAMINERS; TO REPEAL SECTION 73-5-3, MISSISSIPPI CODE OF 1972, WHICH ADDRESSES THE STAFFING AND COMPENSATION OF THE STATE BOARD OF BARBER EXAMINERS; TO REPEAL SECTION 73-5-5, MISSISSIPPI CODE OF 1972, WHICH ESTABLISHES A SPECIAL FUND FOR DEPOSITS AND AUDITS; TO REPEAL SECTION 73-5-7, MISSISSIPPI CODE OF 1972, WHICH GIVES THE STATE BOARD OF BARBER EXAMINERS THE AUTHORITY TO CREATE AND ENFORCE RULES AND REGULATIONS; TO REPEAL SECTION 73-5-8, MISSISSIPPI CODE OF 1972, WHICH ADDRESSES CERTIFICATE QUALIFICATIONS FOR BARBER INSTRUCTORS; TO REPEAL SECTION 73-5-9, MISSISSIPPI CODE OF 1972, WHICH ADDRESSES THE REQUIREMENT FOR BARBERS TO BE REGISTERED WITH AND LICENSED BY THE STATE BOARD OF BARBER EXAMINERS; TO REPEAL SECTION 73-5-11, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR BARBERING SCHOOL ELIGIBILITY; TO REPEAL SECTION 73-5-12, MISSISSIPPI CODE OF 1972, WHICH ADDRESSES COSMETOLOGY, BARBER EXAMINATION AND ELIGIBILITY; TO REPEAL SECTION 73-5-15, MISSISSIPPI CODE OF 1972, WHICH PRESCRIBES THE PROCEDURE FOR APPLICATIONS FOR BARBER EXAMINATIONS; TO REPEAL SECTION 73-5-17, MISSISSIPPI CODE OF 1972, WHICH ESTABLISHES CERTAIN REQUIREMENTS FOR THE ADMINISTRATION OF BARBER EXAMINATIONS; TO REPEAL SECTION 73-5-19, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE ISSUANCE OF CERTIFICATES OF REGISTRATION AS A BARBER; TO REPEAL SECTION 73-5-21, MISSISSIPPI CODE OF 1972, WHICH CREATES THE LICENSE PROCEDURES FOR PERSONS HAVING PRACTICED BARBERING IN ANOTHER STATE OR COUNTRY OR IN MILITARY SERVICE FOR THE STATE BOARD OF BARBER EXAMINERS; TO REPEAL SECTION 73-5-23, MISSISSIPPI CODE OF 1972, WHICH ADDRESSES CONSPICUOUS DISPLAY OF REGISTRATION CERTIFICATES AND THE PENALTY FOR VIOLATIONS; TO REPEAL SECTION 73-5-25, MISSISSIPPI CODE OF 1972, WHICH ADDRESSES CERTIFICATE OR LICENSE DENIAL, SUSPENSION OR REVOCATION; TO REPEAL SECTION 73-5-27, MISSISSIPPI CODE OF 1972, WHICH CREATES THE HEARING PROCEDURES FOR THE STATE BOARD OF BARBER EXAMINERS; TO REPEAL SECTION 73-5-29, MISSISSIPPI CODE OF 1972, WHICH ESTABLISHES FEES FOR THE STATE BOARD OF BARBER EXAMINERS; TO REPEAL SECTION 73-5-31, MISSISSIPPI CODE OF 1972, WHICH ESTABLISHES APPLICATION FOR NONRESIDENT LICENSE FOR THE STATE BOARD OF BARBER EXAMINERS; TO REPEAL SECTION 73-5-33, MISSISSIPPI CODE OF 1972, WHICH CREATES LICENSURE PROCEDURES AND FEES FOR BARBERSHOPS, AND THE ENFORCEMENT OF LICENSURE REQUIREMENTS FOR THE STATE BOARD OF BARBER EXAMINERS; TO REPEAL SECTION 73-5-35, MISSISSIPPI CODE OF 1972, WHICH CREATES LICENSURE PROCEDURES AND FEES FOR BARBER SCHOOLS FOR THE STATE BOARD OF BARBER EXAMINERS; TO REPEAL SECTION 73-5-37, MISSISSIPPI CODE OF 1972, WHICH SETS AN ANNUAL CYCLE FOR BARBER LICENSE RENEWAL FOR THE STATE BOARD OF BARBER EXAMINERS; TO REPEAL SECTION 73-5-39, MISSISSIPPI CODE OF 1972, WHICH DEFINES WHAT CONSTITUTES THE PRACTICE OF BARBERING; TO REPEAL SECTION 73-5-41, MISSISSIPPI CODE OF 1972, WHICH ESTABLISHES EXEMPTIONS FROM LICENSING REQUIREMENTS FOR THE STATE BOARD OF BARBER EXAMINERS; TO REPEAL SECTION 73-5-43, MISSISSIPPI CODE OF 1972, WHICH ESTABLISHES OFFENSES AND PENALTIES FOR THE STATE BOARD OF BARBER EXAMINERS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 73-7-1, Mississippi Code of 1972, is amended as follows:
73-7-1. 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, or in any rule, regulation or document, shall mean the State Board of Cosmetology and Barbering created in this section.
There is * * * created
the State Board of Cosmetology and Barbering, composed of * * *
seven (7) members to be appointed by the Governor, with the advice and consent
of the Senate, * * * and will consist
of three (3) members from the cosmetology professions, three (3) from the barbering
profession, and the State Health Officer, or his designee. * * * No
more than two (2) members shall be appointed from each Supreme Court District as
such district existed on July 1, 2024, and one (1) member from each district shall
be a barber.
The initial term of office for the two (2) members appointed from the First Supreme Court District shall be two (2) years and thereafter shall be six (6) years from the expiration date of the previous term; the initial term of office for the two (2) members appointed from the Second Supreme Court District shall be three (3) years and thereafter shall be six (6) years from the expiration date of the previous term; and the initial term of office for the two (2) members appointed from the Third Supreme Court District shall be four (4) years and thereafter shall be six (6) years from the expiration date of the previous term. No member may serve more than three (3) consecutive terms. The initial appointments must be made before August 1, 2024. If appointments are not made by August 1, 2024, the Mississippi State Board of Cosmetology and the Mississippi Board of Barber Examiners shall continue to operate in their separate capacities until such time as the Board of Cosmetology and Barbering is appointed.
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 * * *
August 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
shall have been a citizen of this state for a minimum of five (5) years immediately
prior to appointment. Such person shall be at least thirty (30) years of age, possess
a high school education or its equivalent, and shall have been * * * licensed * * *
by the board with not less than ten (10) years' active practice in * * * any
profession regulated by the board. No member of the board shall be connected
in any way with any school * * * in which
any of the professions regulated by the board are taught.
* * * 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 * * * has not * * * attended
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.
In addition to any powers conferred upon the board in other provisions of law, the board shall appoint an individual to serve as the executive director of the board. The executive director shall 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 executive director and the board in carrying out the duties and directives of the board.
SECTION 2. 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 the 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.
( * * *e) "Cosmetologist" means a person
who for compensation, whether direct or indirect, engages in the practice of cosmetology.
( * * *f) "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 * * *.
(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.
( * * *g) "Esthetician" means any person
who, for compensation, either direct or indirect, engages in the practice of esthetics.
( * * *h) "Instructor" means a person
licensed to teach cosmetology, barbering, or * * *
nail technology, or esthetics, or all of those, pursuant to this chapter,
and shall include those persons engaged in the instruction of student instructors.
( * * *i) " * * *Nail
technology" 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.
( * * *j) " * * *Nail technician" means a person
who for compensation, either direct or indirect, engages in the practice of * * *
nail technology.
( * * *k) "Master" means a person
holding a cosmetology, * * * barbering, nail technology
and/or esthetics license who has completed the minimum course of continuing
education prescribed by Section 73-7-14.
( * * *l) "Salon/barber shop"
means an establishment operated for the purpose of engaging in the practice of cosmetology, * * *
barbering, nail technology, or esthetics, * * *
or all of those.
( * * *m) "School" means an establishment,
public or private, operated for the purpose of teaching cosmetology, * * *
barbering, nail technology, or esthetics, * * *
or all of those.
SECTION 3. 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 * * *
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, as well as all employees
of the board except for investigators, shall file a bond with the Secretary
of State in the sum of not less than * * * Twenty-five
Thousand Dollars ($25,000.00) 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 * * * if 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 in the State Treasury. 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.
(4) When, in the opinion of the board, it is essential that an employee of the board work after normal working hours, the employee may receive credit for compensatory leave.
(a) The board should use the standards established by the State Personnel Board in determining whether or not the board's executive director may receive compensatory leave.
(b) Employees of the board may be granted administrative leave with pay, which means discretionary leave with pay, other than personal leave or major medical leave.
(i) The board may grant administrative leave to any employee of the board serving as a witness or juror or party litigant, as verified by the clerk of the court, in addition to any fees paid for such services, and such services or necessary appearance in any court shall not be counted as personal leave.
(ii) The board may grant administrative leave with pay to employees of the board in the event of extreme weather conditions or in the event of a man-made, technological, or natural disaster or emergency. Any employee on a previously approved leave during the affected period shall be eligible for such administrative leave granted by the board and shall not be charged for his or her previously approved leave during the affected period.
(iii) The board may grant administrative leave with pay to any employee of the board who is a certified disaster service volunteer of the American Red Cross who participates in specialized disaster relief services for the American Red Cross in this state and in states contiguous to this state when the American Red Cross requests the employee's participation. Administrative leave granted under this subparagraph shall not exceed twenty (20) days in any twelve-month period. Employees on leave under this subparagraph shall not be deemed to be an employee of the state for purposes of workers' compensation or for purposes of claims against the state allowed under Title 11, Chapter 46, Mississippi Code of 1972. As used in this subparagraph, the term "disaster" includes disasters designated at Level II and above in American Red Cross' national regulations and procedures.
SECTION 4. Section 73-7-5, Mississippi Code of 1972, is brought forward as follows:
73-7-5. (1) All fees and any other monies received by the board shall be deposited in a special fund that is created in the State Treasury and shall be used for the implementation and administration of this chapter when appropriated by the Legislature for such purpose. The monies in the special fund shall be subject to all provisions of the state budget laws that are applicable to special fund agencies, and shall be disbursed by the State Treasurer only upon warrants issued by the State Fiscal Officer upon requisitions signed by the president of the board or another board member designated by the president, and countersigned by the secretary of the board. Any interest earned on this special fund shall be credited by the State Treasurer to the fund and shall not be paid into the State General Fund. Any unexpended monies remaining in the special fund at the end of a fiscal year shall not lapse into the State General Fund.
(2) The State Auditor shall audit the financial affairs of the board and the transactions involving the special fund at least once a year in the same manner as for other special fund agencies. In addition, the Governor, in his discretion, shall have the power from time to time to require an audit of the financial affairs of the board, the same to be made by the State Auditor upon request of the Governor. The Governor shall have the power to suspend any member of the board who shall be found in default in any account until such time as it shall be determined whether such default was a result of an act of dishonesty on the part of the member, and in the event it is found that such default is an act of dishonesty, misfeasance or nonfeasance on the part of the member, such member shall be immediately removed by the Governor from office.
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 * * * all of the professions
that 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 seven (7) board members,
five (5) elected delegates from the Mississippi Cosmetology and Barbering
Association, five (5) elected delegates from the Mississippi Cosmetology School
Association, five (5) elected delegates from the Mississippi Independent Beauticians
and Barbers Association, and five (5) elected delegates from the Cosmetology
and Barbering School Owners and Teachers Association. The board may revoke
the license * * *
or may refuse to issue a license to any cosmetologist, barber, esthetician, * * * nail
technician, instructor, school of * * * any
profession regulated by the board, or salon/barber shop 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 * * *
all professions regulated by the board, salons, and barber shops for
the guidance of persons licensed under this chapter in the operation of schools
of * * * all professions regulated by the
board, salons or barber shops, * * *
and in the practice of cosmetology, barbering, esthetics, * * *
and * * * nail technology. 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 * * * any profession regulated by the
board, salon or barber shop at any time during the regular business hours
of that school * * *,
salon or barber shop to conduct the investigation. Such investigation may
include, but not be limited to, conducting oral interviews with the complaining
party, school * * *,
salon or barber shop owner(s) and/or students of the school, and reviewing
records of the school * * *, salon or barber shop 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) * * * The board shall adopt
regulations to ensure that all fingernail service products used by * * * licensees regulated by the board 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 * * *
school of * * * any profession regulated by the board,
salon or barber shop, or practice cosmetology, barbering, esthetics, * * *
nail technology, 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 * * * recent passport-style
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 license or is dual
licensed as a cosmetology salon and barber shop.
SECTION 8. Section 73-7-12, Mississippi Code of 1972, is amended as follows:
73-7-12. * * * The * * * board * * * shall conduct examinations for cosmetologists,
barbers, estheticians, * * * nail
technicians 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 * * * location(s)
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 is at least sixteen
(16) years old and who has made application to the board in proper form, has
paid the required fee, and who * * * 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 no less than three
thousand (3,000) hours in an apprenticeship program certified by the board,
and * * * has a high school education or its equivalent
or has been successfully enrolled in a community college. Apprenticeships provided
for in this subsection shall be monitored or mentored by a licensed cosmetology
instructor only. 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 or approved apprenticeship program and paid the required fee a temporary
permit until such time as the next examination may be held * * * but not exceeding six (6) months. Such
student shall be issued only one (1) temporary permit. Application for an examination
and license shall be accompanied by two (2) recent passport-style
photographs of the applicant. No temporary permit will be issued to an applicant
from any other state to operate a beauty salon, barber shop or school of * * * any
profession regulated by the board in this state unless in case of emergency.
( * * *3)
Applicants for the cosmetologist * * * license, after having satisfactorily
passed the prescribed examination, shall be issued a cosmetology license which * * *
shall be valid for * * *
two (2) years, and * * * the license shall be subject
to renewal. No license issued by the board may be renewed until all
monetary fines and penalties assessed by the board to the licensee are paid in
full.
( * * *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 * * *
licensure to practice barbering * * * 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, * * * licensure,
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 * * * nail technician who is
registered but not actively practicing in the State of Mississippi at the time of
making application for renewal of an active license, may apply for registration * * * as * * * inactive * * * status. Such "inactive"
status 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 * * *
nail technicians registered on the appropriate list as actively
practicing in the State of Mississippi shall be authorized to practice those professions. * * * No cosmetologist, barber,
nail technician or esthetician * * * 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, nail
technician or esthetician * * *,
who is registered on the "inactive" status list shall not
be eligible for * * * active * * * licensure
status 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. The following shall be codified as Section 73-7-13.1, Mississippi Code of 1972:
73-7-13.1. (1) The board shall admit to examination for a barbering license any person who is at least sixteen (16) years old and who has made application to the board in proper form, has paid the required fee, and who (a) has successfully completed no less than fifteen hundred (1500) hours at a barbering school approved by the board or three thousand (3,000) hours of board-approved apprenticeship training, and (b) has a high school education or its equivalent or has been successfully enrolled in a community college. Apprenticeships shall only be monitored and mentored by those with an instructor license, and there shall be only one (1) apprentice per mentor.
(2) The board may, in its discretion, issue to any student who has completed the prescribed hours in a licensed school or approved apprenticeship training and paid the required fee a temporary permit to practice barbering until the next examination is given but not exceeding a six-month period. 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.
(3) Applicants for the barbering license, after having satisfactorily passed the prescribed examination, shall be issued a barbering license which shall be valid for two (2) years, and the license shall be subject to renewal. No license issued by the board may be renewed until all monetary fines and penalties assessed by the board to the licensee are paid in full.
(4) Any cosmetologist who has successfully completed no less than fifteen hundred (1500) hours in a licensed cosmetology school and who holds a current valid certificate of licensure to practice cosmetology is eligible to take the barbering examination to secure a barber license upon successfully completing six hundred (600) hours in a licensed school of barbering. All fees for application, examination, licensure, and renewal thereof shall be the same as provided for barbers.
(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.
SECTION 11. Section 73-7-14, Mississippi Code of 1972, is amended as follows:
73-7-14. (1) Any person who
holds a current, valid cosmetology, * * * barbering,
nail technology, or esthetics license may be licensed as a master cosmetologist, * * * barber,
nail technician or esthetician if he or she has been a licensed cosmetologist, * * * barber,
nail technician 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 of 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,
nail technician or esthetician licenses shall be renewable upon completion of
a minimum course of eight (8) * * *
hours of continuing education approved by the board within a licensing period
and payment of the required renewal fee. This is an optional license and * * * pertains only to individuals wishing to complete the continuing
education requirement * * *.
(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 * * *.
(3) No license issued by the board may be renewed until all monetary fines and penalties assessed by the board to the licensee are paid in full.
SECTION 12. 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 a graduate of a licensed cosmetology
school;
( * * *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 of cosmetology;
( * * *d) Has successfully completed six (6) semester
hours in college courses approved by the board; and
( * * *e) Holds a current, valid Mississippi cosmetology
license * * *.
* * *
(2) The board shall admit to
examination for * * * a barbering instructor's
license any person who has made application to the board in proper form, has paid
the required fee, and who:
(a) Is * * * a graduate of a licensed barbering school;
* * *
( * * *b) Has a high school education or its equivalent;
( * * *c) Has (i) not less than two (2)
years of active experience as a licensed barber and has successfully completed
not less than six hundred (600) hours of instructor training in a licensed
school of barbering or (ii) less than two (2) years of active experience as a
licensed barber and has successfully completed one thousand (1,000) hours of
instructor training in a licensed school * * * of
barbering;
( * * *d) Has successfully completed six (6) semester
hours in college courses approved by the board; and
( * * *e) Holds a current, valid Mississippi * * *
barbering license * * *; and.
* * *
(3) 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) Has a high school education or its equivalent;
( * * *b) Has successfully completed one thousand
(1,000) hours of instructor training in a licensed school or apprenticeship program
in which the practice of * * * esthetics
is taught;
( * * *c) Has successfully completed six (6) semester
hours in college courses approved by the board; and
( * * *d) Holds a current, valid Mississippi * * *
esthetician's license * * *.
* * *
(4) The board shall admit to examination for a nail technician instructor's license any person who has made application to the board in proper form, has paid the required fee, and who:
(a) Has a high school education or its equivalent;
(b) Has successfully completed one thousand (1,000) hours of instructor training in a licensed school or apprenticeship program in which the practice of nail technology is taught;
(c) Has successfully completed six (6) semester hours in college courses approved by the board; and
(d) Holds a current, valid Mississippi nail technician's license.
( * * *5) 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, * * *
the period of which shall not exceed ninety (90) days. Such applicant shall
be issued only one (1) temporary permit. All applications for an instructor's examination
shall be accompanied by two (2) recent * * * passport-style
photographs of the applicant.
( * * *6) Renewal Requirements:
(a) All cosmetology,
barbering, nail technology, and/or esthetics instructors licensed pursuant to
this section shall biennially obtain twenty-four (24) clock hours of continuing
education in teacher training instruction in cosmetology * * *, barbering, esthetics or * * * nail
technology, as the case may be, as approved by the board. Any instructor who
fails to obtain the continuing education required by this subsection shall * * *
neither be allowed to instruct nor to enroll students under his or
her license until such continuing education requirement has been met. The
board may issue an inactive * * *
instructor license to such instructors, and an inactive license may be converted
into an active license only 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 is submitted.
(b) All persons who have received a license as a barbering 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.
(c) No license issued by the board may be renewed until all monetary fines and penalties assessed by the board to the licensee are paid in full.
( * * *7) 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 13. Section 73-7-16, Mississippi Code of 1972, is amended as follows:
73-7-16. (1) All schools of * * * any
profession regulated by the board or school owners shall have a school license
and shall pay to the board the required license fee. * * * The board is * * * authorized and empowered to promulgate necessary
and reasonable rules and regulations for the issuance and renewal of school licenses. * * *
(2) Each application * * *
made under this section shall include the social security number(s) of the applicant,
owners or agents in accordance with Section 93-11-64.
(3) * * * 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).
(4) The school applicant shall maintain a professional liability insurance policy covering any aspect of the facility, personnel and/or students.
(5) The school shall meet all applicable health and safety standards that may be required by local, state and federal agencies.
(6) 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.
(7) 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.
(8) 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.
(9) Each board-approved school of cosmetology, barbering, esthetics or nail technology must provide proof to the board of an annual pass rate that meets or exceeds the current minimum standard as established by the board.
(10) The board shall evaluate school curriculum for conformance with educational requirements set forth in this chapter.
(11) There shall be no automatic renewal of school licenses, and each licensee shall be audited for conformity before to the issuance of any a new license. Before to the issuance of any such license, the board shall inspect the premises to determine if same conforms to the law.
(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 only for a one- year period. These licenses are issued to new schools with less than two (2) graduating classes. Annual reports are required and are due by July 16 of each year unless otherwise specified. Prospective students before enrolling and enrolled students must be notified in writing of the school's temporary status;
(b) Probationary licenses indicate warning status and may be issued only for a one-year period. These licenses are issued to new schools with less than two (2) graduating classes and with any significant violation(s) in the most recent year. Annual reports are required and are due by July 16 of each year unless otherwise specified. Prospective students and enrolled students shall be notified in writing of the school's probationary status;
(c) Conditional licenses may be issued to schools for only a one-year period. Conditional license status for schools that previously held a nonconditional license shall not exceed two (2) years. Annual reports are required and are due by July 16 of each year unless otherwise specified. Prospective students and enrolled students shall be notified in writing of the school's conditional status. These licenses shall 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 only a two-year period. Annual reports shall be required and are due July 16 of each year unless otherwise specified. These licenses shall 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 the school's annual pass rate or the school's comprehensive pass rate 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) No license issued by the board may be renewed until all monetary fines and penalties assessed by the board to the licensee are paid in full.
(16) School owners, instructors, and/or employees or contractors of the school shall adhere to the board's statutes and rules and regulations and shall regard students with the same care and consideration as clients.
SECTION 14. Section 73-7-17, Mississippi Code of 1972, is amended as follows:
73-7-17. (1) All salon/barber shop owners shall have a salon/barber shop 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/barber shop license will be required to pay a delinquent fee in addition to the renewal fee. A salon/barber shop 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 * * *.
(3) No license issued by the board may be renewed until all monetary fines and penalties assessed by the board to the licensee are paid in full.
SECTION 15. 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 is at least sixteen (16) years old and who has made application to the board in proper form, who has paid the required fee, and who:
* * *
( * * *a) Has a high school education or its equivalent
or has been successfully enrolled in a community college; and
( * * *b) Has successfully completed a course
of training in esthetics of not less than six hundred (600) hours * * *, comprised
of not less than one hundred (100) hours of theory and five hundred (500) hours
of skill practice, in a licensed school in which the practice of esthetics
is taught or of no less than twelve hundred (1200) hours in an apprenticeship
program certified by the board.
* * * Apprenticeships provided for in this
section shall 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.
(2) The board may, in its discretion, issue to any student who has completed the prescribed hours in a licensed school or approved apprenticeship program and paid the required fee a temporary permit until such time as the next examination may be held but not exceeding six (6) months. Such student shall be issued only one (1) temporary permit. Application for an examination and license shall be accompanied by two (2) recent passport-style photographs of the applicant. No temporary permit will be issued to an applicant from any other state to operate a beauty salon, barber shop or school of any profession regulated by the board in this state unless in case of emergency.
(3) 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.
( * * *4) 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 * * * 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.
( * * *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 * * *.
SECTION 16. 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, * * * nail technicians 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 * * *. 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 * * * according to the
manner prescribed by the board in rules and regulations. 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 before a license can be renewed. 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.
(3) No license issued by the board may be renewed until all monetary fines and penalties assessed by the board to the licensee are paid in full.
SECTION 17. Section 73-7-21, Mississippi Code of 1972, is amended as follows:
73-7-21. (1) The board shall
admit to examination for a * * *
nail technician's license any person who is at least sixteen (16) years
old and who has made application to the board in proper form, who has
paid the required fee, and who:
* * *
( * * *a) * * * Has a
high school education or its equivalent or has been successfully enrolled in a
community college; and
( * * *b) Has successfully completed no less than
three hundred fifty (350) hours of practice and related theory in * * *
nail technology over a period of no less than nine (9) weeks in * * *
a licensed school in which the practice of * * * nail
technology is taught in this or any other state * * * or no less than seven hundred (700)
hours in an apprenticeship program certified by the board. Apprenticeships provided
for in this section shall be monitored or mentored by a person with an instructor
license in cosmetology or nail technology. 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 or approved apprenticeship program and paid the required fee for a temporary permit until such time as the next examination may be held but not exceeding six (6) months. Such student shall be issued only one (1) temporary permit. Application for an examination and license shall be accompanied by two (2) recent passport-style photographs of the applicant. No temporary permit will be issued to an applicant from any other state to operate a beauty salon, barber shop or school of any profession regulated by the board in this state unless in case of emergency.
( * * *3) Licensed * * * nail
technicians 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 * * * nail
technician which may be applied to the number of hours required for a cosmetology
license examination.
( * * *4) The board shall adopt regulations governing
the use of electric nail files for the purpose of filing false or natural nails.
( * * *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) No license issued by the board may be renewed until all monetary fines and penalties assessed by the board to the licensee are paid in full.
SECTION 18. 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,
nail technician, or esthetician * * * who demonstrates proof that the applicant
holds a valid current license in another state with similar educational requirements
to those required by this chapter, and that all other licensure requirements, including
the passage of an examination, under this chapter are met. Applicants must also
(a) successfully pass an examination and (b) pay the required reciprocity fee, which
shall be paid to the board. Such application must be accompanied by two (2) recent
passport-style photographs of the applicant.
(2) An instructor from any other
state may be qualified for a Mississippi instructor's license upon presenting a
valid instructor's license from the other state and * * * (a) has completed training equivalent to
the State of Mississippi's education and training as provided in Section
73-7-15 or has three (3) years or more of experience as a licensed instructor prior
to application, ( * * *b) * * * has completed * * * six
(6) semester hours in college courses approved by the board, and ( * * *c) has completed a minimum of five (5) continuing
education hours in Mississippi * * * State
Board of Cosmetology and Barbering 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 19. Section 73-7-25, Mississippi Code of 1972, is amended as follows:
73-7-25. Every demonstrator
in the field of cosmetology, barbering, esthetics or nail technology shall,
before making demonstrations in a salon, barber shop 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 * * * a salon,
barber shop and schools.
SECTION 20. 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. * * * After the investigation, the board may
dismiss the complaint if 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 or, * * *
the * * * board 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 or the executive director 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 * * * an applicant,
student * * *,
licensee or holder of a certificate, upon proof that such person: (a) has not complied
with or has violated any of the rules and regulations promulgated by the board;
(b) has not complied with * * * an order,
decision, or ruling of the * * *
board; (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; * * * (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 * * * applicant,
licensee or holder of a certificate 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 resulting from an inspection or audit shall become due and payable when the applicant, licensee or holder of a certificate incurring the penalty receives a notice in writing from the board of the penalty. The notice shall be sent by registered or certified mail or by personal service. The person to whom the notice is addressed shall have thirty (30) days from the date of the notice in which to make written application for a hearing. Any person who makes the application for a hearing 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 thirty (30) 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.
(c) The board may temporarily suspend a license under this chapter without any hearing, simultaneously with the institution of proceedings under this section, if it finds that the evidence in support of the board's determination is clear, competent and unequivocal that the licensee's continuation in practice would constitute an imminent danger to public health and safety.
(4) At such hearings, all witnesses
shall be sworn by a * * * court reporter, and stenographic
notes of the proceedings shall be taken. Any party to the proceedings * * *,
at the request of such party, 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 * * * 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.
* * * (8) Any and all parties
to the hearing 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. * * *
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. 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 bond. The appeal shall thereupon be heard
in due course by the court, which shall review the record and make its determination
thereon.
(9) The board, in its discretion, may assess and charge any part or all of the costs of any disciplinary proceedings conducted under this section against the accused if the accused is found guilty of the charges.
(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 - No violations or
the violations are minor health and safety violations that are detrimental to
public safety and welfare. Violations under this class shall be set at no less
than Fifty Dollars ($50.00) but no more than Two Hundred Dollars ($200.00);
(b) * * * Class B - Class B violations
are major health and safety concerns that are detrimental to public safety and
welfare and shall be set at no less than Two Hundred Fifty Dollars ($250.00) but
no more than Seven Hundred Fifty Dollars ($750.00);
(c) Class C - Class C violations shall be set at no less than Eight Hundred Dollars ($800.00) but no more than One Thousand Dollars ($1,000.00) and are violations 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 professions regulated by the board without a license. These violations will be handled in accordance with the requirements of Section 73-7-27 or Section 73-7-37 when applicable; and
(ii) Extremely dangerous to the health and safety of the public.
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 21. 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,
nail technician or esthetician * * *..................... $ 50.00
(b) Instructor initial license/renewal......... 80.00
(c) Master * * *
license/renewal............... 70.00
(d) Delinquent renewal penalty - cosmetologist, * * *
barber, nail technician, esthetician * * * and instructor......... 50.00
There shall be no renewal fee for any licensee seventy (70) years of age or older.
(e) Salon/barber shop application and initial inspection 85.00
(f) Salon/barber shop reinspection............. 35.00
(g) * * * Application under reciprocity or UROLA 55.00
(h) Salon/barber shop renewal................. 60.00
(i) Salon/barber shop 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
(s) Demonstrator permit....................... 10.00
An applicant who applies under
the Military Family Freedom Act shall not be charged a fee. 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. All other
refunds will be made * * * upon the written requests
from applicants. If no request for refund is made within sixty (60) days, the fees
will be forfeited.
SECTION 22. Section 73-7-31, Mississippi Code of 1972, is amended as follows:
73-7-31. Nothing in this chapter shall apply to:
(a) * * *
Cosmetology, barbering, nail technology or facial treatments given in the
home to members of family or friends for which no charge is made. Cosmetology,
barbering, nail technology or facial treatments given at an event venue to
members of family or friends for which no charge is made may be permitted upon
the express, written approval of the board.
(b) 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 these three (3) such practices and still be exempt from this chapter.
* * *
( * * *c) 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.
SECTION 23. Section 73-7-33, Mississippi Code of 1972, is amended as follows:
73-7-33. (1) 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:
(a) Every establishment must be kept sanitary, including all utensils and equipment, must be well ventilated and properly lighted. Each salon/barber shop must be provided with hot and cold running water. Electrical appliances must be properly installed and grounded.
(b) Cosmetologists, barbers, estheticians and nail technicians shall be allowed to wear any type of clothing or apparel while at work as long as such clothing or apparel is clean and sanitary.
(c) Cosmetologists shall be allowed to use any type of hair roller as long as they do so in a sanitary manner.
(d) 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 * * *
license regulated by the board does not authorize such * * * licensee
to treat or prescribe for an infectious, contagious or any other disease.
(e) A home salon/barber shop must have a solid wall to the ceiling with an outside entrance, or if a door exists between the salon/barber shop and the remainder of the house, the door must be kept closed at all times while service is being rendered.
SECTION 24. 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/barber shop 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 * * * salon/barber
shop.
(2) No salon/barber shop
owner licensed pursuant to this chapter shall allow a cosmetologist, barber,
esthetician, or * * * nail technician to practice his/her
profession in the salon/barber shop without possessing a valid license issued
pursuant to this chapter.
SECTION 25. 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) but not 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 professions regulated by the board 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 Mississippi in which the person or licensee resides or
in the county 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 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 26. Section 73-7-71, Mississippi Code of 1972, is amended as follows:
73-7-71. (1) For the purpose of this section, the term "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, shampoo, condition, curl or alter the structure of the hair.
(2) No person shall engage in hair braiding for compensation in the State of Mississippi without first registering with the State Department of Health. The department may charge each registrant a fee of not more than Twenty-five Dollars ($25.00) to cover the department's costs in registering the person and providing the person with the brochure prepared under subsection (3) of this section, which fee shall be uniform for all registrants. Any increase in the fee charged by the board under this subsection shall be in accordance with the provisions of Section 41-3-65. The purpose of this registration is only to maintain a listing of those persons who engage in hair braiding for compensation in the state, and does not authorize the department to license or regulate the practice of hair braiding in the state, except as provided in subsection (4) of this section.
(3) The State Department of Health shall develop and prepare a brochure containing information about infection control techniques that are appropriate for hair braiding in or outside of a salon/barber shop setting. The brochure shall be made available through the department's website or by mail, upon request, for a fee to cover the department's mailing costs. The brochure shall contain a self-test with questions on the information contained in the brochure. For a person engaged in hair braiding to be exempt from the cosmetology and barbering licensure law, Section 73-7-1 et seq., the person shall complete the self-test part of the brochure and keep the brochure and completed self-test available at the location at which the person is engaged in hair braiding.
(4) Representatives of the department may visit any facility or premises in which hair braiding is performed at any time during business hours to determine if the brochure and completed self-test are available at the facility or premises.
(5) This section does not apply to cosmetologists, or barbers licensed to practice in Mississippi in their respective fields.
SECTION 27. The Department of Finance and Administration, the Department of Information Technology Services, and the State Personnel Board, shall assist the State Board of Cosmetology and the Board of Barber Examiners in carrying out the consolidation required by this act. This section shall become effective from and after its passage, and shall stand repealed on July 1, 2025.
SECTION 28. Section 73-7-63, Mississippi code of 1972, which provides a repealer on the State Board of Cosmetology, is repealed.
SECTION 29. Section 73-5-1, Mississippi Code of 1972, which creates the State Board of Barber Examiners, is repealed.
SECTION 30. Section 73-5-3, Mississippi Code of 1972, which addresses the staffing and compensation of the State Board of Barber Examiners, is repealed.
SECTION 31. Section 73-5-5, Mississippi Code of 1972, which establishes a special fund for deposits; audit, is repealed.
SECTION 32. Section 73-5-7, Mississippi Code of 1972, which gives the State Board of Barber Examiners the authority to create and enforce rules and regulations, is repealed.
SECTION 33. Section 73-5-8, Mississippi Code of 1972, which addresses certificate qualifications for barber instructor, is repealed.
SECTION 34. Section 73-5-9, Mississippi Code of 1972, which addresses the requirement for barbers to be registered with and licensed by the State Board of Barber Examiners, is repealed.
SECTION 35. Section 73-5-11, Mississippi Code of 1972, which barbering school eligibility and certificate qualifications, is repealed.
SECTION 36. Section 73-5-12, Mississippi Code of 1972, which addresses cosmetology, barber examination and eligibility, is repealed.
SECTION 37. Section 73-5-15, Mississippi Code of 1972, which prescribes the procedure for applications for barber examinations, is repealed.
SECTION 38. Section 73-5-17, Mississippi Code of 1972, which establishes certain requirements for the administration of barber examinations, is repealed.
SECTION 39. Section 73-5-19, Mississippi Code of 1972, which provides for the issuance of certificates of registration as a barber, is repealed.
SECTION 40. Section 73-5-21, Mississippi Code of 1972, which creates the license procedures for persons having practiced barbering in another state or country or in military service for the State Board of Barber Examiners, is repealed.
SECTION 41. Section 73-5-23, Mississippi Code of 1972, which addresses conspicuous display of registration certificates and the penalty for violations, is repealed.
SECTION 42. Section 73-5-25, Mississippi Code of 1972, which addresses certificate or license denial, suspension or revocation, is repealed.
SECTION 43. Section 73-5-27, Mississippi Code of 1972, which creates the hearing procedures for the State Board of Barber Examiners, is repealed.
SECTION 44. Section 73-5-29, Mississippi Code of 1972, which establishes fees for the State Board of Barber Examiners, is repealed.
SECTION 45. Section 73-5-31, Mississippi Code of 1972, which establishes application for nonresident license for the State Board of Barber Examiners, is repealed.
SECTION 46. Section 73-5-33, Mississippi Code of 1972, which creates licensure procedures and fees for barbershops, and the enforcement of licensure requirements for the State Board of Barber Examiners, is repealed.
SECTION 47. Section 73-5-35, Mississippi Code of 1972, which creates licensure procedures and fees for barber schools for the State Board of Barber Examiners, is repealed.
SECTION 48. Section 73-5-37, Mississippi Code of 1972, which sets an annual cycle for barber license renewal for the State Board of Barber Examiners, is repealed.
SECTION 49. Section 73-5-39, Mississippi Code of 1972, which defines what constitutes the practice of barbering, is repealed.
SECTION 50. Section 73-5-41, Mississippi Code of 1972, which establishes exemptions from licensing requirements for the State Board of Barber Examiners, is repealed.
SECTION 51. Section 73-5-43, Mississippi Code of 1972, which establishes offenses and penalties for the State Board of Barber Examiners, is repealed.
SECTION 52. This act shall take effect and be in force from and after July 1, 2024, except for Section 27, which shall take effect and be in force from and after the passage of this act.
