2005 Regular Session
To: Public Health and Human Services
By: Representative Frierson
AN ACT TO AMEND SECTION 73-5-8, MISSISSIPPI CODE OF 1972, TO PRESCRIBE CERTAIN QUALIFICATIONS FOR REGISTRATION AS A BARBER INSTRUCTOR; TO AMEND SECTION 73-5-9, MISSISSIPPI CODE OF 1972, TO PROHIBIT A BUSINESS ESTABLISHMENT FROM ADVERTISING BARBERING SERVICES WITHOUT A VALID LICENSE; TO AMEND SECTION 73-5-12, MISSISSIPPI CODE OF 1972, TO PRESCRIBE CERTAIN QUALIFICATIONS FOR A COSMETOLOGIST TO APPLY FOR A CERTIFICATE OF REGISTRATION AS A BARBER; TO AMEND SECTION 73-5-25, MISSISSIPPI CODE OF 1972, TO CLARIFY THE DISCIPLINARY AUTHORITY OF THE STATE BOARD OF BARBER EXAMINERS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 73-5-8, Mississippi Code of 1972, is amended as follows:
73-5-8. Any person is qualified to receive a certificate of registration as a barber instructor who:
(a) Is twenty-one (21) years of age or older;
(b) Is of good moral and temperate habits;
(c) Is able to read, write and speak English;
(d) Possesses a high school education or its equivalent;
(e) Has successfully completed not less than fifteen hundred (1500) hours at a barbering school approved by the State Board of Barber Examiners and holds a valid certificate of registration to practice barbering;
(f) Has (i) not less than two (2) years of active experience as a registered barber and has successfully completed not less than six hundred (600) hours of barber instructor training at a school approved by the board, or (ii) less than two (2) years of active experience as a registered barber and has successfully completed not less than one thousand (1,000) hours of barber instructor training at a school approved by the board; and
(g) Has passed a satisfactory examination conducted by the board to determine his fitness to practice as a barber instructor. * * *
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All persons who have received a certificate of registration as a barber instructor from the board before July 1, 2002, shall be considered to have met the requirements of this section, and all those certificates of registration shall be renewable as otherwise provided in this chapter.
The board will implement an active and inactive instructor license. In order to renew an active license, instructors holding an active license shall be required to submit proof of twelve (12) hours of continuing education each year to the Board of Barber Examiners. That education shall be acquired in classes or trade shows teaching materials that are approved by the board. Instructors holding an inactive license shall be required to submit proof of twelve (12) hours continuing education before upgrading to an active status.
SECTION 2. Section 73-5-9, Mississippi Code of 1972, is amended as follows:
73-5-9. No person shall practice or attempt to practice barbering in the State of Mississippi without a certificate of registration as a registered barber issued under the provisions of this chapter.
No person shall be a barber instructor in the State of Mississippi without a certificate of registration as a barber instructor issued under the provisions of this chapter.
No establishment shall display a barber pole, barber sign or advertise barbering services unless it is licensed by the State Board of Barber Examiners.
SECTION 3. Section 73-5-12, Mississippi Code of 1972, is amended as follows:
73-5-12. Any cosmetologist who can read, write and speak English and 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 Board of Barber Examiners.
All fees for application, examination, registration and renewal thereof shall be the same as provided for in this chapter.
SECTION 4. Section 73-5-25, Mississippi Code of 1972, is amended as follows:
73-5-25. (1) The Board of Barber Examiners may refuse to issue, or may suspend definitely or indefinitely, or revoke any certificate of registration or license for any one or a combination of the following causes:
(a) Conviction of a felony shown by a certified copy of the judgment of court in which such conviction is had, unless upon a full and unconditional pardon of such convict, and upon satisfactory showing that such convict will in the future conduct himself in a law-abiding way.
(b) Gross malpractice or gross incompetency.
(c) Continued practice by a person knowingly having an infectious or contagious disease.
(d) Advertising, practicing or attempting to practice under a trade name or name other than one's own.
(e) Habitual drunkenness or habitual addiction to the use of morphine, cocaine or habit forming drug.
(f) Immoral or unprofessional conduct.
(g) Violation of regulations that may be prescribed as provided for in Section 73-5-7 and the commission of any of the offenses set forth in Section 73-5-43.
(2) In addition to the causes specified in subsection (1) of this section, the board shall be authorized to suspend the certificate of registration of any person for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a certificate for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a certificate suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a certificate suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163. 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 5. This act shall take effect and be in force from and after July 1, 2005.