MISSISSIPPI LEGISLATURE

2019 Regular Session

To: Public Health and Human Services

By: Representative Foster

House Bill 376

AN ACT TO AMEND SECTION 73-7-23, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE STATE BOARD OF COSMETOLOGY SHALL ISSUE A LICENSE BY RECIPROCITY TO ANY COSMETOLOGIST, ESTHETICIAN OR MANICURIST FROM ANY OTHER STATE WHO PRESENTS TO THE BOARD A NOTARIZED COPY OF HIS OR HER LICENSE FROM ANOTHER STATE OR A NOTARIZED COPY OF A CERTIFICATE SHOWING HIS OR HER GRADUATION FROM AN ACCREDITED SCHOOL OF COSMETOLOGY, ACCOMPANIED BY THE REQUIRED RECIPROCITY FEE; TO PROVIDE THAT THOSE PERSONS MAY BEGIN PRACTICING THEIR PROFESSION IN THIS STATE BEFORE RECEIVING A LICENSE FROM THE BOARD, PROVIDED THAT THEY COMPLY WITH THE PRECEDING PROVISIONS TO OBTAIN A LICENSE FROM THE BOARD WITHIN 30 DAYS AFTER BEGINNING PRACTICE IN THIS STATE; TO AMEND SECTION 73-7-9, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING PROVISIONS; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 73-7-23, Mississippi Code of 1972, is amended as follows:

     73-7-23.  (1)  (a)  The board * * *may, upon application, shall issue a license by reciprocity to any cosmetologist, esthetician or manicurist over the age of seventeen (17) 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, estheticians or manicurists, as the case may be, from the State of Mississippi a license under the same conditions presents to the board in person or by mail a notarized copy of his or her current, valid cosmetologist, esthetician or manicurist license from another state, or a notarized copy of a certificate showing his or her graduation from an accredited school of cosmetology for a cosmetologist or manicurist license or from an accredited school in which the practice of esthetics is taught for an esthetician license.  Applications for a license under this section 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.

          (b)  Any person who has a current, valid cosmetologist, esthetician or manicurist license from another state, or a certificate showing his or her graduation from an accredited school of cosmetology for a cosmetologist or manicurist license or from an accredited school in which the practice of esthetics is taught for an esthetician license, may begin practicing his or her profession in this state before receiving a license from the board, provided that the person complies with the provisions of paragraph (a) of this subsection to obtain a license from the board within thirty (30) days after beginning practice in this state.

     (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) can read, write and speak English, (d) has completed twelve (12) semester hours in college courses approved by the board, and (e) 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 or military spouse shall be subject to the provisions of Section 73-50-1.

     SECTION 2.  Section 73-7-9, Mississippi Code of 1972, is amended as follows:

     73-7-9.  Except as otherwise authorized under Section 73-7-23, no person required by this chapter to have a license shall conduct a beauty salon or school of cosmetology, or practice cosmetology, esthetics, manicuring and pedicuring, or practice as an instructor, unless such person has received a license or temporary permit therefor from the board.  Students 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 3.  This act shall take effect and be in force from and after July 1, 2019.