Bill Text: MS SB2876 | 2024 | Regular Session | Introduced
Bill Title: Cosmetology and barbers; merge with changes requested from boards.
Spectrum: Moderate Partisan Bill (Republican 6-1)
Status: (Failed) 2024-03-05 - Died In Committee [SB2876 Detail]
Download: Mississippi-2024-SB2876-Introduced.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Public Health and Welfare
By: Senator(s) Blackwell, McMahan, Chassaniol, Kirby, Younger, Norwood, Polk
Senate Bill 2876
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 CREATE NEW SECTIONS 73-7-14.1, 73-7-14.2, 73-7-39 AND 73-7-41, 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 73-5-45, MISSISSIPPI CODE OF 1972, WHICH CREATES THE STATE BOARD OF BARBER EXAMINERS; 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
hereby * * * 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, and will
consist of three (3) members from the cosmetology professions and three (3)
barbers. No more than three (3) members shall be appointed from each Supreme
Court District as they currently exist, and one (1) member from each district
shall be a barber. The initial term of office for the members appointed from
the First Supreme Court District shall be two (2) years, the initial term of office
for the members appointed from the Second Supreme Court District shall be three
(3) years, and the initial term of office for the members appointed from the
Third Supreme Court District shall be four (4) years. Subsequent terms of
office shall be six (6) years.
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
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 a licensed * * * by the board with not less
than * * *
five (5) years' active practice in * * * any occupation regulated by the
board. No member of the board shall be connected in any way with any school
wherein * * *
occupations regulated by the board are 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. No person shall serve in an interim or hold-over capacity for longer than ninety (90) days.
Any member who shall 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 State Board of Cosmetology and Barbering. 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 director and board in carrying out the duties and directives of the State Board of Cosmetology and Barbering.
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 ascribed herein 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) * * *
Nail technology.
For regulation purposes, the term "cosmetology" and "barbering" 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.
( * * *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 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.
( * * *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, 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.
( * * *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, * * * nail technology, barbering
and 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 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, 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 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.
(4) The board should use the standards established by Sections 25-3-91 through 25-3-95 and rules promulgated by the State Personnel Board to determine whether employees and the board's executive director may receive sick leave, compensatory leave or administrative leave.
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 the
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 School and Barbering Association,
five (5) elected delegates from the Mississippi Independent Beauticians and Barbering
Association, and five (5) elected delegates from the Cosmetology and Barbering
School Owners and Teachers Association. The board may revoke the license of any
cosmetologist, barber, esthetician, * * * nail
technician, instructor, school of * * * any
and all professions regulated by the board, or salon/barber shop, or
may refuse to issue a license to any cosmetologist, barber, esthetician, * * * nail
technician, instructor, school of * * * all
professions 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 * * *
any and 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 * * * any and all
professions regulated by the board, salons and barber shops and in the practice
of cosmetology, esthetics, * * *
barbering 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 and all professions
regulated by the board, salons, or barber shops at any time during the regular
business hours of that school or salon/barber shop to conduct the investigation.
Such investigation may include, but not be limited to, conducting oral interviews
with the complaining party, school or salon/barber shop owner(s) and/or students
of the school, and reviewing records of the school or salon/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 licensed cosmetologists, * * * nail
technicians 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 * * * salon/barber
shop or school of * * * any and all
professions regulated by the board, 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 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 shop license or is dual licensed as a cosmetology and barber shop. Such business must have at least one (1) barber currently employed at the business to display a barber pole.
SECTION 8. Section 73-7-12, Mississippi Code of 1972, is amended as follows:
73-7-12. Effective January 1, * * * 2025, the State Board of Cosmetology and Barbering
shall terminate its student testing contract with proper notice and 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 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 * * * State
Board of Cosmetology and Barbering 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 State Board of Cosmetology and Barbering, and ( * * *c) has a high school education or its equivalent
or has been successfully enrolled in a community college. Apprenticeships
provided for in this subsection may be mentored by a licensed cosmetology
instructor. Only one (1) apprentice may be mentored by any person at the same
time. The ability to read, write and speak English shall not be a requirement
for licensure as a licensed cosmetologist.
(2) The * * * State
Board of Cosmetology and Barbering 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 * * * salon or school of cosmetology 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 all those licenses 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
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, * * *
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, may apply for registration on the "inactive"
list. Such "inactive" list shall be maintained by the * * * State
Board of Cosmetology and Barbering 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 technician 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, esthetician or * * * nail technician 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 * * * nail
technician 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 nail technician 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 of Cosmetology and Barbering 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 * * * State
Board of Cosmetology and Barbering 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, * * * barbering, nail technician 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' 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,
nail technician 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, Mississippi Code of 1972.
(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 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 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;
( * * *e) Holds a current, valid Mississippi cosmetology
license; and
( * * *f) 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 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; and
(d) Holds a current, valid Mississippi barbering license.
( * * *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 in which the practice
of esthetics is taught;
( * * *c) Has successfully completed six (6) semester
hours in college courses approved by the board;
( * * *d) Holds a current, valid Mississippi esthetician's
license; and
( * * *e) 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.
( * * *4) The board shall admit to examination
for a * * * nail technology 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 in which the practice
of * * * nail technology is taught;
( * * *c) Has successfully completed six (6) semester
hours in college courses approved by the board;
( * * *d) Holds a current, valid Mississippi * * *
nail technician's license; and
( * * *e) Has had one (1) year of active practical
experience as a * * * nail technician 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 * * * nail
technology is taught.
( * * *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, 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.
( * * *6) Renewal requirements.
(a) 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 * * * 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 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 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 12. Section 73-7-16, Mississippi Code of 1972, is amended as follows:
73-7-16. (1) * * * All schools of any occupation licensed by the
board or school owners shall have a school license and shall pay to the board
the required license fee. The board is hereby authorized and empowered to
promulgate necessary and reasonable rules and regulations for the issuance of
school licenses.
(2) * * * Any school making
application for a license under this act 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 Mississippi State Board of Cosmetology and
Barbering on a bond form completed by the insurance company or agency. The
applicant may file in lieu of the bond, a certificate of deposit, 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 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.
(9) The Board of Cosmetology and Barbering 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 prior to the issuance of any new license. Prior to the issuance of any such license, the board shall inspect the premises to determine if the same conforms to the law.
(11) In the event that a school closes a facility, the licensee must notify the board within sixty (60) days prior to 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. The licensee shall provide the board with a teach-out plan for existing students at least thirty (30) days in advance of closure, which must be approved by the board. In the event a school files a bankruptcy petition, a certified copy must be filed with the Board of Cosmetology and Barbering.
(12) 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 prior to 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 prior to 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 prior to 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.
(13) 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.
(14) School owners, instructors, and/or employees or contractors of the school shall adhere to the Mississippi Board of Cosmetology and Barbering statute and relative rules and regulations and shall regard students with the same care and consideration as clients.
(15) The Board of Cosmetology and Barbering will evaluate school curriculum for conformance with educational requirements set forth by the Mississippi Cosmetology and Barbering Act.
(16) There shall be no automatic renewal of school licenses, and each licensee shall be audited for conformity. Prior to the issuance of any such license, the board shall inspect the premises to determine if same qualifies with the law.
(17) 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.
(18) 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 13. 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, Mississippi Code of 1972.
SECTION 14. Section 73-7-18, Mississippi Code of 1972, is amended as follows:
73-7-18. (1) The * * * State
Board of Cosmetology and Barbering 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 high school education or its equivalent;
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 State
Board of Cosmetology and Barbering. Apprenticeships provided for in this
section may be 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.
* * *
(d) The ability to read, write and speak English shall not be a requirement for licensure as a licensed esthetician.
(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 salon/barber shop or school of any occupation licensed by this 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 cosmetologists 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 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.
( * * *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, Mississippi Code of 1972.
(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 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, * * * 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; 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 * * * 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.
(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 16. Section 73-7-21, Mississippi Code of 1972, is amended as follows:
73-7-21. (1) The * * * State
Board of Cosmetology and Barbering shall admit to examination for a * * *
nail technician'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 * * *
nail technology over a period of no less than nine (9) weeks in an accredited
school of * * * where nail technology is taught
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 nail technology. Only one (1) apprentice may be
mentored by any person at the same time; and
( * * *c) Has a high school education or its equivalent,
or has been successfully enrolled in a community college.
(d) The ability to read, write, and speak English shall not be a requirement for licensure as a licensed nail technician.
(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 salon/barber shop or school of any occupation licensed by this board in this state unless in the case of an 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 * * * State
Board of Cosmetology and Barbering 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 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 * * * nail technician 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 * * * nail technicians, 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. Such an 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 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 * * * six (6) 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, 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 salons, barber shops 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 certified mail, return receipt requested. The person to whom the notice is addressed shall have thirty (30) days from the date of delivery as evidenced by the return receipt or by the returned envelope marked "Refused" 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 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 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 C. Class C violations
shall be set at no less than Eight Hundred Dollars ($800.00) nor more than One
Thousand Dollars ($1,000.00). Class C 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 professions 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 A. Class A violations shall be set at no less than Fifty Dollars ($50.00) nor more than Two Hundred Dollars ($200.00). Class A violations are minor health and safety violations that are detrimental to public safety and welfare.
(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 State Board of Cosmetology and Barbering 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 cosmetologist or barber 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 or any applicant properly applying under the Military Family Freedom Act.
(e) Salon/barber shop application and initial
inspection.............................................. 85.00
(f) Salon/barber shop reinspection............. 35.00
(g) Salon/barber shop change of ownership or
location, or both................................ 85.00
(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) Application under Reciprocity or UROLA..... 85.00
(t) Demonstrator Permit....................... 10.00
The State Board of Cosmetology and Barbering 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 73-7-31, 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 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 22. 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/barber shop must be provided with hot and cold running water. Electrical appliances must be properly installed and grounded.
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 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 does not authorize such person to treat or prescribe for an infectious, contagious or any other disease.
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 23. 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 salons/barber shops.
(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 24. 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/barber shop, 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/barber shop, 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 25. The following shall be codified as Section 73-7-14.1, Mississippi Code of 1972:
73-7-14.1 (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 high school education or its equivalent, and/or shall have satisfactorily passed the Ability-to-Benefit Examinations 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 State Board of Cosmetology and Barbering-approved apprenticeship training. Apprenticeships shall only be mentored by those with a barber 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 State Board of Cosmetology and Barbering-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. The following shall be codified as Section 73-7-14.2, Mississippi Code of 1972:
73-7-14.2 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, licensure, and renewal thereof shall be the same as provided for in this chapter.
SECTION 27. The following shall be codified as Section 73-7-39, Mississippi Code of 1972:
73-7-39. On or before December 15, 2025, the Legislative PEER Committee shall conduct a review of the operations of the board 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 following shall be codified as Section 73-7-41, Mississippi Code of 1972:
73-7-41. 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.
SECTION 29. Sections 73-5-1 through 73-5-45, Mississippi Code of 1972, which creates the State Board of Barber Examiners, are hereby repealed.
SECTION 30. Sections 1 through 27 of this act shall take effect and be in force from and after July 1, 2024, and shall stand repealed on June 30, 2026. Section 28 of this act shall become effective from and after its passage and shall stand repealed on July 1, 2025. Section 29 of this act shall take effect and be in force from and after July 1, 2024.
