2005 Regular Session
To: Public Health and Welfare
By: Senator(s) Butler
AN ACT TO AMEND SECTIONS 73-7-13 AND 73-7-16, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT EDUCATIONAL QUALIFICATIONS FOR COSMETOLOGISTS SHALL INCLUDE ANY HIGH SCHOOL VOCATIONAL-TECHNICAL EDUCATION PROGRAM IN COSMETOLOGY APPROVED BY THE STATE BOARD FOR COMMUNITY AND JUNIOR COLLEGES, AND TO PROVIDE THAT SUCH APPROVED VOCATIONAL-TECHNICAL COURSES SHALL BE EXEMPT FROM LICENSURE BY THE STATE BOARD OF COSMETOLOGY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 73-7-13, Mississippi Code of 1972, is amended as follows:
73-7-13. (1) The board shall admit to examination for a cosmetology license any person who has made application to the board in proper form, has paid the required fee, and who (a) is at least seventeen (17) years of age, (b) can read, write and speak English, (c) has successfully completed no less than fifteen hundred (1500) hours over a period of no less than nine (9) months in an accredited school of cosmetology or any high school vocational-technical education program in cosmetology approved by the State Board for Community and Junior Colleges, and (d) has a high school education or its equivalent.
The board may, in its discretion, issue to any student who has completed the prescribed hours in an accredited school in Mississippi 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) recent head photographs of the applicant. No temporary permit will be issued an applicant from any other state to operate a beauty salon or school of cosmetology in this state unless in case of emergency.
Applicants for the cosmetologist examination, after having satisfactorily passed the prescribed examination, shall be issued a cosmetology license which until June 30, 2001, shall be valid for one (1) year, and after July 1, 2001, shall be valid for two (2) years, and all those licenses shall be subject to renewal.
Any barber who can read, write and speak English and has successfully completed no less than fifteen hundred (1500) hours in an accredited 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 five hundred (500) hours in an accredited school of cosmetology or in a high school vocational-technical education program in cosmetology approved by the State Board for Community and Junior Colleges. All fees for application, examination, registration and renewal thereof shall be the same as provided for cosmetologists.
(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) Any licensed cosmetologist, esthetician, manicurist or wigologist who is registered but not actively practicing in the State of Mississippi at the time of making application for renewal, may apply for registration on the "inactive" list. Such "inactive" list shall be maintained by the board and shall set out the names and post office addresses of all persons registered but not actively practicing in this state, arranged alphabetically by name and also by the municipalities and states of their last known professional or residential address. Only the cosmetologists, estheticians, manicurists and wigologists 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, manicurist or wigologist who has actively practiced his or her profession for at least three (3) months of the immediately preceding license renewal period shall be considered in active practice. No cosmetologist, esthetician, manicurist or wigologist 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, esthetician, manicurist or wigologist 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 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.
SECTION 2. Section 73-7-16, Mississippi Code of 1972, is amended as follows:
73-7-16. All schools of cosmetology or school owners shall have a school license and shall pay to the board the required license fee annually therefor. 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 school license will be required to pay a delinquent fee in addition to the renewal fee. The board is hereby authorized and empowered to promulgate necessary and reasonable rules and regulations for the issuance and renewal of school licenses. However, the board shall not refuse to issue or renew a school's license because of the number of schools already in that area of the state, and any rule promulgated by the board for that purpose shall be null and void. Any high school vocational-technical education program in cosmetology approved by the State Board for Community and Junior Colleges shall be exempt from the requirement for a license provided under this section.
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 3. This act shall take effect and be in force from and after July 1, 2005.