MISSISSIPPI LEGISLATURE
2021 Regular Session
To: Accountability, Efficiency, Transparency
By: Representative Gunn
AN ACT TO REPEAL SECTIONS 73-65-1 THROUGH 73-65-17, MISSISSIPPI CODE OF 1972, WHICH CREATE THE PROFESSIONAL ART THERAPISTS ADVISORY COUNCIL AND PROVIDE THE LICENSING REQUIREMENTS FOR PROFESSIONAL ART THERAPISTS; TO REPEAL SECTIONS 73-4-1 THROUGH 73-4-51, MISSISSIPPI CODE OF 1972, WHICH ESTABLISH THE MISSISSIPPI AUCTIONEERS LICENSE ACT, CREATE THE MISSISSIPPI AUCTIONEER COMMISSION AND PROVIDE THE LICENSING REQUIREMENTS FOR AUCTIONEERS; TO AMEND SECTION 75-27-215, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THAT NO AUCTIONEER SHALL BE PERMITTED TO BUY CATTLE IN HIS NAME DURING THE PERIOD WHILE ACTUALLY ENGAGED IN AUCTIONEERING, TO CONFORM TO THE PRECEDING SECTION; TO REPEAL SECTIONS 73-73-1 THROUGH 73-73-35, MISSISSIPPI CODE OF 1972, WHICH ESTABLISH THE MISSISSIPPI CERTIFIED INTERIOR DESIGN ACT, CREATE THE INTERIOR DESIGN ADVISORY COMMITTEE AND PROVIDE THE LICENSING REQUIREMENTS FOR MISSISSIPPI CERTIFIED INTERIOR DESIGNERS; TO BRING FORWARD SECTION 73-11-33, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE REPEAL OF THE STATE BOARD OF FUNERAL SERVICE AND ITS POWERS AND DUTIES, FOR THE PURPOSE OF POSSIBLE AMENDMENT; TO AMEND SECTION 73-11-41, MISSISSIPPI CODE OF 1972, TO REMOVE THE DEFINITIONS FOR LICENSE FOR FUNERAL ESTABLISHMENT AND LICENSE FOR THE PRACTICE OF FUNERAL DIRECTING; TO AMEND SECTION 73-11-43, MISSISSIPPI CODE OF 1972, TO REVISE THE MEMBERSHIP OF THE STATE BOARD OF FUNERAL SERVICE TO REMOVE THE REQUIREMENT THAT ANY MEMBER HOLD A LICENSE FOR THE PRACTICE OF FUNERAL DIRECTING; TO BRING FORWARD SECTION 73-11-45, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THE OATH REQUIRED BY MEMBERS OF THE STATE BOARD OF FUNERAL SERVICE, FOR THE PURPOSE OF POSSIBLE AMENDMENT; TO BRING FORWARD SECTION 73-11-47, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE MEETINGS OF THE STATE BOARD OF FUNERAL SERVICE, FOR THE PURPOSE OF POSSIBLE AMENDMENT; TO AMEND SECTION 73-11-49, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THE POWERS AND AUTHORITY OF THE STATE BOARD OF FUNERAL SERVICE, TO CONFORM TO THE PROVISIONS OF THIS ACT; TO AMEND SECTION 73-11-51, MISSISSIPPI CODE OF 1972, TO REMOVE THE REQUIREMENTS OF A LICENSE FOR THE PRACTICE OF FUNERAL DIRECTING; TO AMEND SECTION 73-11-53, MISSISSIPPI CODE OF 1972, TO REMOVE THE RESIDENT TRAINEESHIP CERTIFICATE TO PRACTICE FUNERAL DIRECTING; TO AMEND SECTION 73-11-55, MISSISSIPPI CODE OF 1972, TO REMOVE THE LICENSING REQUIREMENTS FOR FULL-SERVICE FUNERAL ESTABLISHMENTS AND BRANCH ESTABLISHMENTS; TO AMEND SECTION 73-11-56, MISSISSIPPI CODE OF 1972, TO REMOVE THE FEES CHARGED FOR LICENSES FOR A FUNERAL ESTABLISHED AND TO BECOME A FUNERAL DIRECTOR; TO AMEND SECTIONS 73-11-57 AND 73-11-57.1, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR LICENSE REVOCATION IN CERTAIN SITUATIONS, TO CONFORM TO THE PROVISIONS OF THIS ACT; TO AMEND SECTION 73-11-58, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE DISPOSITION OF BODY WHERE NO WRITTEN AUTHORIZATION WAS LEFT BY DECEDENT, TO CONFORM TO THE PROVISIONS OF THIS ACT; TO BRING FORWARD SECTION 73-11-59, MISSISSIPPI CODE OF 1972, WHICH PROVIDES CERTAIN PENALTIES, FOR THE PURPOSE OF POSSIBLE AMENDMENT; TO AMEND SECTION 73-11-61, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THE FUNERAL DIRECTOR TO PRODUCE A PRICE LIST, TO CONFORM TO THE PROVISIONS OF THIS SECTION; TO AMEND SECTION 73-11-63, MISSISSIPPI CODE OF 1972, WHICH LISTS THE PROVISIONS OF THE FUNERAL SERVICE LICENSING LAW THAT ARE INAPPLICABLE TO CEMETERIES AND RELIGIOUS DENOMINATIONS, TO CONFORM TO THE PROVISIONS OF THIS ACT; TO AMEND SECTION 73-11-65, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE SUPERVISIONS OF SERVICE OR INTERMENT, TO CONFORM TO THE PROVISIONS OF THIS ACT; TO BRING FORWARD SECTION 73-11-67, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE REGISTRATION OF RETAIL CASKET SELLERS, FOR THE PURPOSE OF POSSIBLE AMENDMENT; TO BRING FORWARD SECTIONS 73-11-69 AND 73-11-71, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE LICENSING AND REGULATION OF CREMATORY FACILITIES, FOR THE PURPOSE OF POSSIBLE AMENDMENT; TO AMEND SECTION 73-11-73, MISSISSIPPI CODE OF 1972, WHICH PROVIDES WHO MAY RESPOND TO A DEATH CALL AND REMOVE A DEAD BODY, TO CONFORM TO THE PROVISIONS OF THIS ACT; TO AMEND SECTION 75-63-56, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE REVOCATION, SUSPENSION, CANCELLATION OR NONRENEWAL OF PRENEED REGISTRATION, TO CONFORM TO THE PROVISIONS OF THIS ACT; TO AMEND SECTION 75-63-53, MISSISSIPPI CODE OF 1972, WHICH PROVIDES DEFINITIONS FOR THE PRENEED CEMETERY AND FUNERAL REGISTRATION ACT, TO CONFORM TO THE PROVISIONS OF THIS ACT; TO AMEND SECTION 83-37-5, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THE CONTENTS OF THE ARTICLES OF INCORPORATION FOR BURIAL ASSOCIATIONS, TO CONFORM TO THE PROVISIONS OF THIS ACT; TO AMEND SECTION 77-3-711, MISSISSIPPI CODE OF 1972, WHICH PROVIDES EXEMPTIONS TO THE MISSISSIPPI TELEPHONE SOLICITATION ACT, TO CONFORM TO THE PROVISIONS OF THIS ACT; TO AMEND SECTIONS 73-7-2, 73-7-7, 73-7-13 AND 73-7-29, MISSISSIPPI CODE OF 1972, TO REMOVE ANY LICENSING REQUIREMENT OR REGULATION FOR A WIGOLOGIST OR WIG SPECIALIST WITHIN THE COSMETOLOGIST LICENSING LAW; TO BRING FORWARD SECTION 73-22-1, MISSISSIPPI CODE OF 1972, WHICH PROVIDES DEFINITIONS IN THE ORTHOTICS AND PROSTHETICS LICENSING LAW, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Sections 73-65-1, 73-65-3, 73-65-5, 73-65-7, 73-65-9, 73-65-11, 73-65-13, 73-65-15 and 73-65-17, Mississippi Code of 1972, which create the Professional Art Therapists Advisory Council and provide the licensing requirements for professional art therapists, are repealed.
SECTION 2. Sections 73-4-1, 73-4-3, 73-4-5, 73-4-7, 73-4-9, 73-4-11, 73-4-13, 73-4-15, 73-4-17, 73-4-19, 73-4-21, 73-4-23, 73-4-25, 73-4-27, 73-4-29, 73-4-31, 73-4-33, 73-4-35, 73-4-37, 73-4-39, 73-4-41, 73-4-43, 73-4-45, 73-4-47, 73-4-49 and 73-4-51, Mississippi Code of 1972, which establish the Mississippi Auctioneers License Act, create the Mississippi Auctioneer Commission and provide the licensing requirements for auctioneers, are repealed.
SECTION 3. Section 75-27-215, Mississippi Code of 1972, is amended as follows:
75-27-215. * * * No auctioneer
shall be permitted to buy cattle in his or her name during the period
while actually engaged in auctioneering.
SECTION 4. Sections 73-73-1, 73-73-3, 73-73-5, 73-73-7, 73-73-9, 73-73-11, 73-73-13, 73-73-15, 73-73-17, 73-73-19, 73-73-21, 73-73-23, 73-73-25, 73-73-27, 73-73-29, 73-73-31, 73-73-33 and 73-73-35, Mississippi Code of 1972, which establish the Mississippi Certified Interior Design Act, create the Interior Design Advisory Committee and provide the licensing requirements for Mississippi Certified Interior Designers, are repealed.
SECTION 5. Section 73-11-33, Mississippi Code of 1972, is brought forward as follows:
73-11-33. Sections 73-11-41 through 73-11-73, which create the State Board of Funeral Service and prescribe its duties and powers, shall stand repealed on July 1, 2021.
SECTION 6. Section 73-11-41, Mississippi Code of 1972, is amended as follows:
73-11-41. The following terms shall have the meanings ascribed herein unless the context shall otherwise require:
(a) "Alternative container" is an unfinished wood box or other nonmetal receptacle or enclosure, without ornamentation or a fixed interior lining, which is designed for the encasement of human remains and which is made of fiberboard, pressed wood, composition materials (with or without an outside covering) or like materials.
(b) "Board" means the State Board of Funeral Service of the State of Mississippi as created by Section 73-11-43, or any successor thereof.
(c) "Branch establishment" means an auxiliary facility or division of a main funeral establishment licensed under this chapter that is within seventy-five (75) miles of the main facility.
(d) "Casket" is defined as a rigid container that is designed for the encasement of human remains and that is usually constructed of wood, metal, fiberglass, plastic or like material and ornamented and lined with fabric which may or may not be combustible.
(e) "Cremation" means a two-part procedure whereby a dead human body or body parts shall be reduced by direct flame to residue which includes bone fragments and the pulverization of said bone fragments to coarse powdery consistency.
(f) "Crematory" is defined as any person, partnership or corporation that performs cremation. A crematory must comply with any applicable public health laws and rules and must contain the equipment and meet all of the standards established by the rules and regulations adopted by the board.
(g) "Certified crematory operator" means an individual who has completed the certification program as approved by the board.
(h) "Crematory operator" means the legal entity that operates a crematory and performs cremations.
(i) "Direct cremation" means a disposition of human remains by cremation without formal viewing, visitation or ceremony with the body present.
(j) "Embalming" means the disinfection of the dead human body by replacing certain body fluids with preserving and disinfecting chemicals.
(k) "First
call" means the beginning of the relationship between the consumer and the * * * funeral director, funeral service
practitioner and/or funeral establishment to take charge of a dead human body
and/or have the body prepared for burial or disposition by embalming, cremation
or another method.
(l) "Funeral
establishment" means a fixed place or premise * * * that is devoted to
or used in the immediate post-death activities of custody, shelter, care,
preparation and/or embalming for final disposition of the body; or used for
religious services or other rites or ceremonies associated with the final
disposition of the human dead; or maintained or held out to the public by
advertising or otherwise as such, for the convenience and comfort of the
bereaved and the community for viewing or other services in connection with the
human dead, and as the office or place for carrying on the profession of funeral
service and/or funeral directing.
(m) "Licensee" means a person or entity who holds a license issued by the board.
(n) * * * [DELETED]
(o) * * * [DELETED]
(p) "License for the practice of funeral service" means the license given to a person engaging in the "practice of funeral service," including the practice of embalming.
(q) "Practice of funeral service" means:
(i) Providing shelter, care and custody of the human dead;
(ii) Conducting immediate post-death activities;
(iii) Preparing of the human dead by embalming or other methods for burial or other disposition;
(iv) Being responsible for the transportation of the human dead, bereaved relatives and friends;
(v) Making arrangements, financial or otherwise, for the providing of such services;
(vi) The sale of funeral merchandise; or
(vii) The practice
or performance of any function of * * * embalming as presently
known, including those stipulated herein.
This definition shall not include persons or corporations engaging only in the preneed sale of funeral merchandise or service.
(r) "Mortuary service establishment" means a place of business where dead human bodies are embalmed or otherwise prepared or held for burial, including the transportation of the bodies.
(s) "Resident
trainee" means a person who is preparing to become licensed for the
practice of funeral service or funeral directing and who is serving under the
supervision and instruction of a person duly licensed for the practice of funeral
service * * * in this state.
(t) "Retort" means an enclosed space within which the cremation process takes place.
(u) "Trade
embalmer" means an embalmer who does embalming for a * * * funeral establishment.
SECTION 7. Section 73-11-43, Mississippi Code of 1972, is amended as follows:
73-11-43. There is created
the State Board of Funeral Service which shall consist of seven (7) members, * * * two (2) funeral service licensees * * * to be
appointed from each Mississippi Supreme Court district. Three (3) members
shall have been licensed for the practice of funeral service under this chapter
for five (5) consecutive years and/or have had at least five (5) consecutive
years' experience as a funeral director and embalmer in this state immediately
preceding his appointment. Three (3) members shall have been licensed for the
practice of funeral * * *
service under this chapter for five (5) consecutive years and/or have
had at least five (5) consecutive years' experience as a funeral director
immediately preceding his appointment. One (1) member shall be a public member
and be appointed from the public at large. The members of the board shall be appointed
by the Governor with the advice and consent of the Senate. All appointments
shall be for terms of four (4) years from the expiration date of the previous
term. Upon the expiration of his term of office, a board member may continue
to serve until his successor has been appointed and confirmed. No board member
shall serve more than two (2) consecutive full terms. Vacancies in office
shall be filled by appointment by the Governor in the same manner as the
appointment to the position which becomes vacant, subject to the advice and
consent of the Senate at the next regular session of the Legislature.
Appointments for vacancies in office, except those from the public at large,
may be made from a joint list of four (4) qualified persons, two (2) each submitted
by the Mississippi Funeral Directors Association and the Mississippi Funeral
Directors and Morticians Association. Nothing in this chapter or any other
statute shall preclude the members of the State Embalming Board from serving as
members of the State Board of Funeral Service.
SECTION 8. Section 73-11-45, Mississippi Code of 1972, is brought forward as follows:
73-11-45. The members of the board, before entering upon their duties, shall take and subscribe to the oath of office prescribed for other state officers, which oath shall be administered by properly qualified authority and shall be filed in the Office of the Secretary of State.
SECTION 9. Section 73-11-47, Mississippi Code of 1972, is brought forward as follows:
73-11-47. The board shall hold not less than two (2) meetings annually for the purpose of conducting the business of the board and for examining applications for licenses. Four (4) or more members shall comprise a quorum. Any member who shall not attend two (2) consecutive meetings of the board shall be subject to removal by the Governor. The chairman of the board shall notify the Governor in writing when any such member has failed to attend two (2) consecutive regular meetings.
SECTION 10. Section 73-11-49, Mississippi Code of 1972, is amended as follows:
73-11-49. (1) The board is authorized to select from its own membership a chairman, vice chairman and secretary-treasurer. Election of officers shall be held at the first regularly scheduled meeting of the fiscal year.
(2) All members of the board shall be reimbursed for their necessary traveling expenses and mileage incident to their attendance upon the business of the board, as provided in Section 25-3-41, and shall receive a per diem as provided in Section 25-3-69 for every day actually spent upon the business of the board, not to exceed twenty (20) days per year unless authorized by a majority vote of the board.
(3) All monies received by the board shall be paid into a special fund in the State Treasury to the credit of the board and shall be used by the board for paying the traveling and necessary expenses and per diem of the members of the board while on board business, and for paying other expenses necessary for the operation of the board in carrying out and involving the provisions of this chapter.
(4) The board shall employ an administrator of the board, who shall have complete supervision and be held responsible for the direction of the office of the board, shall have supervision over field inspections and enforcement of the provisions of this chapter, shall have such other duties as may be assigned by the board, shall be responsible and answerable to the board. The board may employ such other clerical assistants and employees as may be necessary to carry out the provisions of this chapter, and the terms and conditions of such employment shall be determined by the board in accordance with applicable state law and rules and regulations of the State Personnel Board.
(5) Except as otherwise authorized in Section 7-5-39, the board, when it shall deem necessary, shall be represented by an assistant attorney general duly appointed by the Attorney General of this state, and may also request and receive the assistance of other state agencies and county and district attorneys, all of whom are authorized to provide the assistance requested.
(6) The board shall have subpoena power in enforcing the provisions of this chapter.
(7) The board shall adopt
and promulgate rules and regulations consistent
with law concerning, but not limited to, trainees, apprentices and preceptors,
practitioners of funeral service * * * and embalmers * * *.
These rules and regulations shall not become effective unless promulgated and
adopted in accordance with the provisions of the Mississippi
Administrative Procedures Law (Section 25-43-1.101
et seq.).
(8) The board may designate
the administrator to perform inspections under this chapter, may employ an
individual to perform such inspections or may contract with any other individual
or entity to perform such inspections. Any individual or entity that performs
such inspections shall have the right of entry into any place in which the
business or practice of funeral service * * * is carried on or
advertised as being carried on, for the purpose of inspection, for the
investigation of complaints coming before the board and for such other matters
as the board may direct.
(9) The board shall not adopt any rule or regulation requiring dead bodies to be embalmed except as required by rule or otherwise by the State Department of Health.
SECTION 11. Section 73-11-51, Mississippi Code of 1972, is amended as follows:
73-11-51. (1) No person
shall engage in the business or practice of funeral service, including embalming, * * * or hold himself out as
transacting or practicing or being entitled to transact or practice funeral
service, including embalming, * * * in this state unless
duly licensed under the provisions of this chapter.
(2) The board is authorized
and empowered to examine applicants for licenses for the practice of funeral
service * * * and shall issue the proper license to those persons who
successfully pass the applicable examination and otherwise comply with the
provisions of this chapter.
(3) * * *
[DELETED]
(4) To be licensed for the practice of funeral service under this chapter, a person must furnish satisfactory evidence to the board that he or she:
(a) Is at least eighteen (18) years of age;
(b) Has a high school diploma or the equivalent thereof;
(c) Has successfully completed twelve (12) months or more of academic and professional instruction from an institution accredited by the United States Department of Education for funeral service education and have a certificate of completion from an institution accredited by the American Board of Funeral Service Education or any other successor recognized by the United States Department of Education for funeral service education;
(d) Has served as a resident trainee for not less than twelve (12) months, either before or after graduation from an accredited institution mentioned above, under the supervision of a person licensed for the practice of funeral service in this state and in an establishment licensed in this state;
(e) Has successfully passed the National Conference of Funeral Examiners examination and/or such other examination as approved by the board; and
(f) Is of good moral character.
(5) All applications for
examination and license for the practice of funeral service * * * shall be upon forms furnished
by the board and shall be accompanied by an examination fee, a licensing fee
and a nonrefundable application fee in amounts fixed by the board in accordance
with Section 73-11-56. The fee for an initial license, however, may be
prorated in proportion to the period of time from the date of issuance to the
date of biennial license renewal prescribed in subsection (8) of this section.
All applications for examination shall be filed with the board office at least
sixty (60) days before the date of examination. A candidate shall be deemed to
have abandoned the application for examination if he does not appear on the
scheduled date of examination unless such failure to appear has been approved
by the board.
(6) The practice of funeral
service * * * must be engaged in at a * * * funeral establishment, at least one
(1) of which is listed as the licensee's place of business * * *. A license for the
practice of funeral service * * * shall be used only at * * * funeral establishments; however, this
provision shall not prevent a person licensed for the practice of funeral
service * * * from conducting a funeral service at a church, a
residence, public hall, lodge room or cemetery chapel, if such person maintains
a fixed * * *
funeral establishment of his own or is in the employ of or an agent of a * * * funeral establishment.
(7) Any person holding a
valid, unrevoked and unexpired nonreciprocal license in another state or
territory having requirements greater than or equal to those of this state as
determined by the board may apply for a license to practice in this state by
filing with the board a certified statement from the secretary of the licensing
board of the state or territory in which the applicant holds his license
certifying to his qualifications and good standing with that board. He/she
must also successfully pass a written and/or oral examination on the
Mississippi Funeral Service licensing law and rules and regulations as prepared
or approved by the board, and must pay a nonrefundable application fee set by
the board. If the board finds that the applicant has fulfilled aforesaid
requirements and has fulfilled substantially similar requirements of those
required for a Mississippi licensee, the board shall grant such license upon
receipt of a fee in an amount equal to the renewal fee set by the board for a
license for the practice of funeral service * * *, as the case may be, in
this state. The board may issue a temporary funeral service * * * work permit before a
license is granted, before the next regular meeting of the board, if the
applicant for a reciprocal license has complied with all requirements, rules
and regulations of the board. The temporary permit will expire at the next
regular meeting of the board. The issuance of a license or temporary permit by
reciprocity to a military-trained applicant or military spouse shall be subject
to the provisions of Section 73-50-1.
(8) (a) Except as provided
in Section 33-1-39, any person holding a license for the practice of funeral
service * * * may have the same renewed for a period of two (2) years by
making and filing with the board an application on or before the due date.
Payment of the renewal fee shall be in an amount set by the board in accordance
with Section 73-11-56. The board shall mail the notice of renewal and the due
date for the payment of the renewal fee to the last-known address of each
licensee at least thirty (30) days before that date. It is the responsibility
of the licensee to notify the board in writing of any change of address. An application
will be considered late if the application and proper fees are not in the
board's office or postmarked by the due date. Failure of a license holder to
receive the notice of renewal shall not exempt or excuse a license holder from
the requirement of renewing the license on or before the license expiration
date.
(b) If the renewal fee is not paid on or postmarked by the due date, the license of such person shall by operation of law automatically expire and become void without further action of the board. The board may reinstate such license if application for licensure is made within a period of five (5) years, upon payment of the renewal fee for the current year, all renewal fees in arrears, and a reinstatement fee. After a period of five (5) years, the licensee must make application, pay the current renewal fee, all fees in arrears, and pass a written and/or oral examination as prepared or approved by the board.
(9) No license shall be assignable or valid for any person other than the original licensee.
(10) The board may, in its
discretion, if there is a major disaster or emergency where human death is
likely to occur, temporarily authorize the practice of * * * funeral service by
persons licensed to practice in another state but not licensed to practice in
this state. Only persons licensed in this state, however, may sign death
certificates.
(11) Any funeral service technology
or mortuary science program accredited by the American Board of Funeral Service
Education in the State of Mississippi, as well as students enrolled in such a
program, shall be exempt from licensing under this chapter when embalming or
otherwise preparing a deceased human body for disposition as part of a student
practicum experience, when the student is directly supervised by an instructor
or preceptor who holds a current funeral service license. This exemption shall
apply to practicum experiences performed at an accredited institution of
funeral service technology or mortuary science program or at a * * * funeral establishment or
commercial mortuary service. Nothing in this subsection shall be construed to
allow any funeral service technology or mortuary science program, or those
students enrolled in such a program, to engage in practicum experiences for
remuneration.
(12) 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 73-11-53, Mississippi Code of 1972, is amended as follows:
73-11-53. (1) The State
Board of Funeral Service is authorized to establish a trainee and
apprenticeship program whereby persons desiring to apprentice as a funeral
service * * * trainee may be issued a resident traineeship certificate to
practice * * * funeral service under the direct on-premises
supervision of a sponsoring Mississippi licensed * * * funeral service
practitioner.
(2) A person desiring to
become a resident trainee for the practice of funeral service * * * shall make application to
the board. Such application shall be verified by the licensee under whom the
applicant is serving, and shall be accompanied by a nonrefundable application
fee in an amount set by the board in accordance with Section 73-11-56. When
the board is satisfied as to the qualifications of an applicant, it shall issue
a certificate of resident traineeship.
(3) The board shall have the power to suspend or revoke a certificate of a resident traineeship for violation of any provision of this chapter.
(4) A resident trainee must
serve the apprenticeship in a funeral establishment that is licensed by the
State of Mississippi and the preceptor must be a Mississippi licensed funeral
service practitioner * * * who is employed by a Mississippi * * * funeral establishment and actively
practicing within the State of Mississippi. The funeral service trainee and
apprenticeship program shall be completed within no less than twelve (12)
months or more than eighteen (18) months under the direct supervision of a * * * funeral service licensee of
the board. * * * The board may not adopt any rule that shall require a
trainee for * * * funeral service to be employed more than sixty-four
(64) hours per month.
(5) A resident trainee may serve under the supervision of more than one (1) preceptor under conditions established by board rules and regulations. The board may also adopt rules that will allow training at more than one (1) funeral establishment under special circumstances.
(6) A resident traineeship certificate shall be valid for one (1) year. The board may renew a resident traineeship certificate if the trainee applies for renewal on a form provided by the board, shows that the training activity continues to satisfy applicable requirements and pays a renewal fee as set by the board. The fee and application will be considered late if the fee and application are not in the office or show a postmark of December 31. Applications received late may be reinstated by the payment of a renewal fee, a reinstatement fee and other applicable fees. Failure to receive a renewal notice does not exempt a resident trainee from the required renewal of his/her traineeship.
(7) A resident trainee
shall not advertise or hold himself out as a * * * funeral service practitioner,
embalmer or use any other title or abbreviation indicating that the trainee is
a funeral director, funeral service practitioner or embalmer. A resident
trainee does not have the rights and duties of a * * * funeral service licensee
and is only authorized to act under the direct supervision of the approved
preceptor.
SECTION 13. Section 73-11-55, Mississippi Code of 1972, is amended as follows:
73-11-55. * * *
( * * *1) There shall be * * *two (2) funeral establishment
license classifications:
* * *
( * * *a) Mortuary service establishment; and
( * * *b) Crematory establishment.
* * *
( * * *2) (a) A funeral establishment where
embalming is conducted must contain an embalming room with a sanitary floor,
walls and ceiling, adequate sanitary drainage and disposal facilities,
including running water and exhaust fans. A full-service funeral establishment
must also have an adequate casket and/or vault selection room, holding
facilities and proper room or rooms in which rites and ceremonies may be held.
A funeral establishment shall be subject to an inspection at least once during * * * two (2)
years. Each new establishment must be inspected before the opening. All
portions of each facility * * *licensed under this section shall be kept in a clean and
sanitary condition.
(b) * * * A branch establishment must contain an
office and/or an arrangement room, and a room for viewing and/or a chapel or
proper place for ceremonies. * * *
(c) A commercial
mortuary service is a funeral establishment that embalms and transports for * * * funeral establishments and does not
sell any services or merchandise directly or at retail to the public. A
mortuary service establishment shall not arrange or conduct a funeral or direct
burial. A mortuary service establishment may arrange for and transport dead
human bodies for direct cremation purposes only under the following
circumstances:
(i) On behalf of a full-service funeral establishment;
(ii) On behalf of a branch funeral establishment; or
(iii) At the direction of a public administrator, medical examiner, coroner or any other public official charged with arranging the final disposition of dead human bodies.
(d) A crematory establishment shall have the authority to cremate dead human bodies and to transport dead human bodies to and from the establishment and shall meet the requirements of Section 73-11-69. An establishment licensed only as a crematory establishment is prohibited from the care and preparation of dead human bodies other than by cremating and shall also be prohibited from embalming, making funeral arrangements or cremation arrangements with any person or party that is not licensed by the board, conducting visitations and funeral ceremonies, and furnishing any funeral service in connection with the disposition of dead human bodies or selling funeral merchandise.
( * * *3) Applications for * * * commercial mortuary service licenses shall be made on
blanks furnished by the board and shall be accompanied by a fee in an amount
fixed by the board under Section 73-11-56. All * * * licenses shall be issued for a
period of two (2) years, except initial licenses may be prorated from the date
of issuance to the next renewal date.
* * *
( * * *4) If the renewal fee is not paid on
or postmarked by the due date, the license shall by operation of law
automatically expire and become void without further action of the board. All
establishments whose licenses have expired under this section may be reinstated
by filing with the board an application for reinstatement, submitting to an
inspection during which time the licensee in charge of such establishment shall
be interviewed by the board or its designee and by paying all renewal fees, a
reinstatement fee, and other applicable fees.
( * * *5) No license shall be assignable or
transferable or valid for any establishment other than the original licensee.
License fees and application fees are nonrefundable.
( * * *6) A license for each new
establishment shall not be issued until an inspection has been made, license
and inspection fees have been paid, and the licensee in charge and/or owners of
such establishment has been interviewed by the board or its designee.
( * * *7) The board is authorized to
establish rules and regulations for the issuance of a special funeral
establishment work permit.
SECTION 14. Section 73-11-56, Mississippi Code of 1972, is amended as follows:
73-11-56. On or before October 1 of each year, the board shall determine the amount of funds that will be required during the next ensuing two (2) years to properly administer the laws which the board is directed to enforce and administer and by rule and regulation shall fix fees in such reasonable sums as may be necessary for such purposes within the following limitations:
Funeral establishment:
* * *
Commercial mortuary service license fee
for a new or change of ownership ........................$ 500.00
Renewal application and licensee fee................... $ 300.00
Crematory application fee for a new
or change of ownership ..................................$ 500.00
Renewal application and license fee.................... $ 300.00
Special work permit.................................... $ 150.00
Funeral service:
Initial application fee................................ $ 50.00
Reciprocal application fee............................. $ 200.00
Renewal license and application fee.................... $ 125.00
Work permit........................................... $ 50.00
* * *
Work permit........................................... $ 50.00
Certified crematory operator:
Initial application fee................................ $ 100.00
Renewal license and application fee.................... $ 100.00
Resident trainee certificate:
Funeral service application fee........................ $ 50.00
* * *
Funeral service renewal application fee .................$ 50.00
* * *
Other fees:
Certification fee...................................... $ 50.00
Duplicate license fee.................................. $ 25.00
Reinstatement of lapsed license fee, equal to the
amount of the applicable license fee (or the amount of
the application fee for the resident trainees).
Late fee equal to the amount of the applicable
license fee (or the amount of the application fee
for the resident trainees).
Public records of the board per page ....................$ 1.00
All licenses will have a reinstatement and late fee added to the renewal fee if the payment is not in the board's office or postmarked by the due date.
At least thirty (30) days prior to the expiration date of any license issued by the board, the board shall notify the licensee of the applicable renewal fee therefor.
SECTION 15. Section 73-11-57, Mississippi Code of 1972, is amended as follows:
73-11-57. (1) The board, upon satisfactory proof at proper hearing and in accordance with the provisions of this chapter and the regulations of the board, may suspend, revoke, or refuse to issue or renew any license under this chapter, reprimand or place the holder of a license on a term of probation, and/or take any other action in relation to a license as the board may deem proper under the circumstances upon any of the following grounds:
(a) The employment of fraud or deception in applying for a license or in passing the examination provided for in this chapter;
(b) The erroneous issuance of a license to any person;
(c) The conviction of a felony by any court in this state or any federal court or by the court of any other state or territory of the United States; having been convicted of or pled guilty to a felony in the courts of this state or any other state, territory or country which would prevent a person from holding elected office. Conviction, as used in this paragraph, shall include a deferred conviction, deferred prosecution, deferred sentence, finding or verdict of guilt, an admission of guilty, or a plea of nolo contendere;
(d) The practice of embalming under a false name or without a license for the practice of funeral service;
(e) The impersonation
of another funeral service * * * licensee;
(f) The permitting of
a person other than a funeral service * * * licensee to make arrangements
for a funeral and/or form of disposition;
(g) Violation of any provision of this chapter or any rule or regulation of the board;
(h) Having had a
license for the practice of funeral service * * * suspended or revoked in
any jurisdiction, having voluntarily surrendered his license in any
jurisdiction, having been placed on probation in any jurisdiction, having been
placed under disciplinary order(s) or other restriction in any manner for * * * funeral service * * * (a
certified copy of the order of suspension, revocation, probation or
disciplinary action shall be prima facie evidence of such action);
(i) Solicitation of dead human bodies by the licensee, his agents, assistants or employees, whether such solicitation occurs after death or when death is imminent; if the person solicited has made known a desire not to receive the communication, or if the solicitation involves coercion, duress or harassment, or if the solicitation takes place at the residence of the client or prospective client and is uninvited by the client or prospective client and has not been previously agreed to by the client or prospective client; however, this shall not be deemed to prohibit general advertising;
(j) Employment directly or indirectly of any apprentice, agent, assistant, employee, or other person, on a part-time or full-time basis or on commission, for the purpose of calling upon individuals or institutions by whose influence dead human bodies may be turned over to a particular funeral establishment;
(k) Failure to give full cooperation to the board and/or its designees, agents or other representatives in the performance of official duties of the board. Such failure to cooperate includes, but is not limited to:
(i) Not furnishing any relevant papers or documents requested by or for the board;
(ii) Not furnishing, in writing, an adequate explanation covering the matter contained in a complaint filed with the board;
(iii) Not responding without cause to subpoenas issued by the board, whether or not the licensee is the party charged in any preceding before the board;
(iv) Not
reasonably providing access, as directed by the board for its authorized agents
or representatives seeking to perform reviews or inspections at facilities or
places utilized by the license holder in the practice of funeral service * * * and/or in performing any
other activity regulated by the board under this chapter;
(v) Failure to provide information within the specified time allotted and as required by the board and/or its representatives or designees;
(vi) Failure to cooperate with the board or its designees or representatives in the investigation of any alleged misconduct or interfering with a board investigation by willful misrepresentation of facts;
(vii) Deceiving or attempting to deceive the board regarding any matter under investigation, including altering or destroying any records; and
(viii) Failure, without good cause, to cooperate with any request by the board to appear before it;
(l) Knowingly
performing any act that in any way assists an unlicensed person to practice
funeral service * * *;
(m) Knowingly making a false statement on death certificates;
(n) Conviction of a crime involving moral turpitude;
(o) Violating any statute, ordinance, rule or regulation of the state or any of its boards, agencies or political subdivisions affecting the registration of deaths or the handling, custody, care or transportation of dead human bodies; or
(p) Unprofessional
conduct in the practice of funeral service * * * which includes, but is
not limited to:
(i) Retaining a dead human body for the payment of a fee for the performance of services that are not authorized;
(ii) Knowingly
performing any act which in any way assists an unlicensed person to practice
funeral service * * *;
(iii) Being guilty of any dishonorable conduct likely to deceive, defraud or harm the public;
(iv) Any act or
omission in the practice of funeral service * * * which constitutes dishonesty,
fraud or misrepresentation with the intent to benefit the licensee, another
person or funeral establishment, or with the intent to substantially injure
another person, licensee or funeral establishment; or
(v) Any act or
conduct, whether the same or of a different character than specified above,
which constitutes or demonstrates bad faith, incompetency or untrustworthiness;
or dishonest, fraudulent or improper dealing; or any other violation of the
provisions of this chapter, the rules and regulations established by the board
or any rule or regulation promulgated by the Federal Trade Commission relative
to the practice of funeral service * * *.
(2) Any person, including a member of the board, may initiate a complaint against a licensee of the board by filing with the board a written complaint on a form prescribed by the board.
(a) Upon receipt of a properly verified complaint, the board shall send a copy of the complaint to the affected licensee by certified mail to the address of such licensee appearing of record with the board. The licensee shall answer the complaint in writing within twenty (20) days after receipt of the complaint. The licensee shall mail a copy of his, her or its response to the board and the complainant. Upon receipt of the licensee's response or lapse of twenty (20) days, the board is authorized to investigate a complaint that appears to show the existence of any of the causes or grounds for disciplinary action as provided in Section 73-11-57. Upon finding reasonable cause to believe that the charges are not frivolous, unfounded or filed in bad faith, the board may, in its discretion, cause a hearing to be held, at a time and place fixed by the board, regarding the charges that a violation of this chapter has occurred. The board shall order a hearing for the licensee to appear and show cause why he/she should not be disciplined for a violation of this chapter.
(b) The board shall give the complainant and the affected licensee twenty (20) days' notice of any hearing upon a complaint. Such notice shall be by United States certified mail.
(c) Any party appearing before the board may be accompanied by counsel.
(d) Before commencing a hearing, the chairman or designee of the board shall determine if all parties are present and ready to proceed. If the complainant fails to attend a hearing without good cause shown, the complaint shall be dismissed summarily and all fees and expenses of convening the hearing shall be assessed to, and paid by, the complainant. If any affected licensee fails to appear for a hearing without good cause shown, such licensee shall be presumed to have waived his right to appear before the board and be heard.
(e) Upon the chair's determination that all parties are ready to proceed, the chair or designee shall call the hearing to order and the complainant and the licensee may give opening statements. The board may order the sequestration of nonparty witnesses.
(f) The complainant shall then present his, her or its complaint. The licensee, any counsel and any member or designee of the board may ask questions of witnesses.
(g) The licensee shall then present his, her or its case in rebuttal. The complainant, any counsel and any member or designee of the board may ask questions of witnesses.
(h) At the completion of the evidence, all parties may give closing statements.
(i) At the conclusion of the hearing, the board may either decide the issue at that time or take the case under advisement for further deliberation. The board shall render its decision not more than ninety (90) days after the close of the hearing and shall forward the decision to the last-known business or residence address of the parties.
(3) The board, on its own motion, may file a formal complaint against a licensee.
(4) 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 and that the licensee's continuation in practice would constitute an imminent danger to public health and safety.
(5) The board may, upon satisfactory proof that the applicant or licensee has been guilty of any of the offenses above enumerated, take the action authorized by this section against an applicant or licensee of the board upon a majority vote of the board members, after a hearing thereon. The board is vested with full power and authority to hold and conduct such hearings, compel the attendance of witnesses and the production of books, records and documents, issue subpoenas therefor, administer oaths, examine witnesses, and do all things necessary to properly conduct such hearings. The board may waive the necessity of a hearing if the person accused of a violation admits that he has been guilty of such offense. Any person who has been refused a license or whose license has been revoked or suspended may, within thirty (30) days after the decision of the board, file with the board a written notice stating that he feels himself aggrieved by such decision and may appeal therefrom to the circuit court of the county and judicial district of residence of the person, or if the person is a nonresident of the State of Mississippi, to the Circuit Court of the First Judicial District of Hinds County. The circuit court shall determine the action of the board was in accord or consistent with law, or was arbitrary, unwarranted or an abuse of discretion. The appeal shall be perfected upon filing notice of the appeal with the circuit court and by the prepayment of all costs, including the cost of the preparation of the record of the proceedings by the board. An appeal from the circuit court judgment or decree may be reviewed by the Supreme Court as is provided by law for other appeals. An appeal of a decision or order of the board does not act as a supersedeas.
(6) In addition to any other power that it has, the board may, upon finding that an applicant or licensee has committed any of the violations listed in Section 73-11-57(1), impose a monetary penalty as follows:
(a) For the first violation of any of the subparagraphs of subsection (1) of this section, a monetary penalty of not more than Five Hundred Dollars ($500.00).
(b) For the second violation of any of the subparagraphs of subsection (1) of this section, a monetary penalty of not more than One Thousand Dollars ($1,000.00).
(c) For the third and any subsequent violation of any of the subparagraphs of subsection (1) of this section, a monetary penalty of not more than Five Thousand Dollars ($5,000.00).
(d) For any violation of any of the subparagraphs of subsection (1) of this section, those reasonable costs that are expended by the board in the investigation and conduct of a proceeding for licensure revocation or suspension, including, but not limited to, the cost of process service, court reporters, expert witnesses and investigators.
(7) The power and authority of the board to assess and levy such monetary penalties hereunder shall not be affected or diminished by any other proceeding, civil or criminal, concerning the same violation or violations except as provided in this section.
(8) A licensee shall have the right of appeal from the assessment and levy of a monetary penalty as provided in this section under the same conditions as a right of appeal is provided elsewhere for appeals from an adverse ruling, order or decision of the board.
(9) Any monetary penalty assessed and levied under this section shall not take effect until after the time for appeal shall have expired.
(10) A monetary penalty assessed and levied under this section shall be paid to the board by the licensee upon the expiration of the period allowed for appeal of such penalties under this section or may be paid sooner if the licensee elects.
With the exception of subsection (5)(d) of this section, monetary penalties collected by the board under this section shall be deposited in the State Treasury to the credit of the State Board of Funeral Service. Any monies collected by the board under subsection (5)(d) of this section shall be deposited into the special fund operating account of the board.
(11) When payment of a monetary penalty assessed and levied by the board against a licensee in accordance with this section is not paid by the licensee when due under this section, the board shall have power to institute and maintain proceedings in its name for enforcement of payment in the chancery court of the county and judicial district of residence of the licensee, or if the licensee is a nonresident of the State of Mississippi, in the Chancery Court of the First Judicial District of Hinds County, Mississippi.
(12) In any administrative or judicial proceeding in which the board prevails, the board shall have the right to recover reasonable attorney fees.
(13) In addition to the reasons specified in subsection (1) 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 16. Section 73-11-57.1, Mississippi Code of 1972, is amended as follows:
73-11-57.1. * * *
The State Board of Funeral Service shall make written notification to the Secretary of State of all license suspensions and revocations issued by the board as well as written notification for all new licenses issued by the board. The Secretary of State shall make written notification to the board of all registration suspensions, revocations, orders of cease and desist, and administrative penalties imposed by the Secretary of State under Article 3, Chapter 11, Title 73, Mississippi Code of 1972.
SECTION 17. Section 73-11-58, Mississippi Code of 1972, is amended as follows:
73-11-58. (1) If a decedent has left no written authorization for the cremation and/or disposition of the decedent's body as permitted by law, any of the following persons, in the order of priority listed below, may authorize any lawful manner of disposition of the decedent's body by completion of a written instrument:
(a) The person designated by the decedent as authorized to direct disposition pursuant to Public Law No. 109-163, Section 564, as listed on the decedent's United States Department of Defense Record of Emergency Data, DD Form 93, or its successor form, if the decedent died during military service, as provided in 10 USC Section 1481(a)(1) through (8), in any branch of the United States Armed Forces, United States Reserve Forces or National Guard.
(b) The surviving spouse.
(c) A surviving child who is at least eighteen (18) years of age.
(d) A grandchild who is at least eighteen (18) years of age.
(e) Either surviving parent.
(f) A surviving sibling who is at least eighteen (18) years of age.
(g) A person acting as a representative of the decedent under a signed authorization of the decedent.
(h) The guardian of the person of the decedent at the time of the decedent's death, if a guardian has been appointed.
(i) A person in the class of the next degree of kinship, in descending order, who, under state law, would inherit the decedent's estate if the decedent died intestate and who is at least eighteen (18) years of age.
(j) A person who has exhibited special care and concern for the decedent and is willing and able to make decisions about the cremation and disposition.
(k) In the case of individuals who have donated their bodies to science or whose death occurred in a nursing home or private institution and in which the institution is charged with making arrangements for the final disposition of the decedent, a representative of the institution may serve as the authorizing agent in the absence of any of the above.
(l) In the absence of any of the above, any person willing to assume responsibility for the cremation and disposition of the decedent.
(m) In the case of indigents or any other individuals whose final disposition is the responsibility of the state or any of its instrumentalities, a public administrator, medical examiner, coroner, state-appointed guardian, or any other public official charged with arranging the final disposition of the decedent may serve as the authorizing agent.
(2) No funeral establishment shall accept a dead human body from any public officer or employee or from the official of any institution, hospital or nursing home, or from a physician or any person having a professional relationship with a decedent, without having first made due inquiry as to the desires of the persons who have the legal authority to direct the disposition of the decedent's body. If any persons are found, their authority and directions shall govern the disposal of the remains of the decedent. Any funeral establishment receiving the remains in violation of this subsection shall make no charge for any service in connection with the remains before delivery of the remains as stipulated by the persons having legal authority to direct the disposition of the body. This section shall not prevent any funeral establishment from charging and being reimbursed for services rendered in connection with the removal of the remains of any deceased person in case of accidental or violent death and rendering necessary professional services required until the persons having legal authority to direct the disposition of the body have been notified.
(3) A person who does not
exercise his or her right to dispose of the decedent's body under subsection
(1) of this section within five (5) days of notification or ten (10) days from
the date of the death, whichever is earlier, shall be deemed to have waived his
or her right to authorize disposition of the decedent's body or contest
disposition in accordance with this section. If, during the aforesaid time
period, the funeral director, funeral service practitioner and/or funeral
establishment has been provided contrary written consent from members of the
same class with the highest priority as to the disposition of the decedent's
body, the * * *
funeral director or licensed service practitioner or funeral
establishment shall act in accordance with the directive of the greatest number
of consents received from members of the class. If that number is equal, the
funeral director or funeral service practitioner and/or the funeral
establishment shall act in accordance with the earlier consent unless the
person(s) providing the later consent is granted an order from a court of
competent jurisdiction in which the funeral establishment is located.
(4) If no consent for the embalming, cremation or other disposition of a dead human body from any of the relatives or interested persons or institutions listed above in subsection (1) is received within ten (10) days of the decedent's death, the coroner for, or other person designated by, the county in which the funeral establishment is located is authorized to sign the consent authorizing the disposition of the decedent's remains.
(5) If none of the parties listed above in subsection (1) is financially capable of providing for the cremation, embalming or disposition of a dead human body, the coroner for, or other person designated by, the county in which the funeral establishment is located is authorized to sign the consent authorizing the disposition of the decedent's remains.
(6) The * * * funeral director, licensed funeral
service practitioner or funeral establishment shall have authority to control
the disposition of the remains of a decedent and proceed to recover the costs
for the disposition when: (a) none of the persons or parties described above
in subsection (1)(a) through (l) assume responsibility for the disposition of
the remains, and (b) the coroner or other public official designated in
subsection (1)(m) fails to assume responsibility for disposition of the remains
within seven (7) days after having been given written notice of the facts.
Written notice may be made by personal delivery, United States mail, facsimile
or transmission. The method of disposition must be in the least costly and
most environmentally sound manner that complies with law, and that does not
conflict with known wishes of the decedent.
(7) A funeral director, licensed
funeral service person and/or funeral establishment * * * acting in accordance with this
section, or attempting in good faith to act in accordance with this section,
shall not be subject to criminal prosecution or civil liability for carrying
out the otherwise lawful instructions of the person or persons described in
this section.
(8) The liability for the reasonable cost of the final disposition of the remains of the decedent devolves upon the individual or entity authorizing the disposition and/or upon the estate of the decedent and, in cases when the county board of supervisors has the right to control the disposition of the remains under this section, upon the county in which the death occurred.
SECTION 18. Section 73-11-59, Mississippi Code of 1972, is brought forward as follows:
73-11-59. Any person, partnership, corporation, association or his or her or its agents or representatives who shall violate any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of Five Thousand Dollars ($5,000.00), or by imprisonment for not more than six (6) months in the county jail, or by both such fine and imprisonment.
SECTION 19. Section 73-11-61, Mississippi Code of 1972, is amended as follows:
73-11-61. Every * * * funeral service licensee
shall provide, before the rendering of services, the funeral establishment's
current general price list, casket price list, outer container price list, and
a statement of goods and services to the person or persons who authorize the
services and is responsible for payment of the expenses therefor, in a manner
and format as prescribed by the Federal Trade Commission's Funeral Rule of 1984
and any future changes with regard to required disclosures. The general price
list must be made available to any person upon request.
SECTION 20. Section 73-11-63, Mississippi Code of 1972, is amended as follows:
73-11-63. Nothing in this
chapter shall be construed to authorize the regulation or licensing of
cemeteries or cemetery chapels by the board * * *. In addition, nothing in this
chapter shall be construed to prevent or interfere with the ceremonies,
customs, religious rites or religion of any people, denomination, or sect, or
to prevent or interfere with any religious denomination, sect or anybody
composed of persons of a denomination, or to prevent or interfere with any
church or synagogue from having its committee or committees prepare human
bodies for burial or the families, friends or neighbors of deceased persons who
prepare and bury their dead without charge.
SECTION 21. Section 73-11-65, Mississippi Code of 1972, is amended as follows:
73-11-65. Every funeral
service or interment, or part thereof, that is conducted in Mississippi must be
in the actual charge and under the supervision of a * * * funeral service licensee
who is licensed under this chapter. However, this section shall not prevent a
family from burying its own dead without charge.
SECTION 22. Section 73-11-67, Mississippi Code of 1972, is brought forward as follows:
73-11-67. (1) Every person, establishment or company not licensed under this chapter that sells caskets at retail shall register annually with the board. The names of registrants under this section shall be made available to any person upon request during the regular business hours of the board. The procedure for conducting a disciplinary proceeding against any casket retailer accused of failing to register with the board, as well as the penal sanctions available to the board, shall be the same as those set forth in Section 73-11-57.
(2) Any person, establishment or company required to register under subsection (1) of this section that sells preneed contracts for caskets, either directly or indirectly or through an agent, shall be required to meet all of the requirements of Sections 75-63-51 through 75-63-75 that are applicable to preneed contracts for funeral services under those sections. For the purposes of this section, the term "preneed contract for caskets" means any contract, agreement or any series or combination of contracts or agreements, whether funded by trust deposits or insurance, or any combination thereof, that is for the purpose of furnishing or delivering a casket or caskets for the final disposition of a dead human body, to be furnished or delivered at a time determinable by the death of the person whose body is to be disposed of.
SECTION 23. Section 73-11-69, Mississippi Code of 1972, is brought forward as follows:
73-11-69. (1) No person or party shall conduct, maintain, manage or operate a crematory unless a license for each such crematory has been issued by the board and is conspicuously displayed in such crematory.
(2) The operator of a crematory facility shall issue a certificate of cremation to the family of each person cremated in the facility. In addition, the operator of the crematory facility shall maintain a log of all cremations performed in the facility, and this log shall match the certificates of cremation that have been issued by the facility.
(3) No operator of a crematory facility shall knowingly represent that an urn or temporary container contains the recovered cremated remains of specific decedent or of body parts removed from a specific decedent when it does not. This subsection does not prohibit the making of such a representation because of the presence in the recovered cremated remains of de minimis amounts of the cremated remains of another decedent or of body parts.
(4) The board shall inspect each licensed crematory facility during each licensure period, and at such other times as necessary, to verify that the crematory facility is in compliance with the requirements of this section. Any person who operates a crematory facility in this state without a license, or any person who otherwise violates any provision of this section, is guilty of a felony. Upon conviction for a violation of this section, in addition to any penalty that may be imposed by the court, the board may revoke the person's crematory facility license.
(5) If the retort of a crematory becomes in need of repair, then the operator of the crematory shall notify the board in writing and by telephone within forty-eight (48) hours of discovery of the need to repair, and no cremation shall be made from the time of discovery until satisfactory proof is provided to the board that the repair has been made.
(6) The board may promulgate such rules and regulations as deemed necessary for the proper licensure and regulation of crematory facilities in this state. Such rules and regulations shall include, but not be limited to, the following: crematory facility requirements, identification of deceased human beings, cremation process, processing of remains, commingling of human remains, disposition of cremated remains, removal of human remains and proper documentation requirements as prescribed by state agencies.
(7) Any crematory or funeral establishment may dispose of any remains unclaimed by the family after twelve (12) months after cremation by scattering or burial upon a final notification to the next of kin by certified mail to their last-known address.
(8) The crematory retort operator must be a certified crematory operator as defined in Section 73-11-41.
(9) No crematory facility licensed by the board shall be used for the cremation of deceased animals.
(10) A crematory may be constructed on or adjacent to any cemetery, on or adjacent to any funeral establishment, or at any other location consistent with local zoning regulations.
SECTION 24. Section 73-11-71, Mississippi Code of 1972, is brought forward as follows:
73-11-71. (1) Upon the completion of each cremation, and insofar as is practicable, all of the recoverable residue of the cremation process shall be removed from the crematory and placed in a separate container so that the residue may not be commingled with the cremated remains of other persons. Cremated remains of a dead human shall not be divided or separated without the prior written consent from the person entitled to control the disposition of the cremated remains.
(2) Written acknowledgement from the person entitled to control the disposition of the cremated remains shall be obtained by the person with whom arrangements are made for disposition of the remains on a form that includes, but is not limited to, the following information:
"The human body burns with the casket, container or other material in the cremation chamber. Some bone fragments are not combustible at the incineration temperature and, as a result, remain in the cremation chamber. During the cremation, the contents of the chamber may be moved to facilitate incineration. The chamber is composed of ceramic or other material which disintegrates slightly during each cremation and the produce of that disintegration is commingled with the cremated remains. Nearly all of the contents of the cremation chamber, consisting of the cremated remains, disintegrated chamber material, and small amounts of residue from previous cremations, are removed together and crushed, pulverized or ground to facilitate inurnment or scattering. Some residue remains in the cracks and uneven places of the chamber. Periodically, the accumulation of this residue is removed and interred in a dedicated cemetery property or appropriate area."
The acknowledgment shall be filed and retained for at least three (3) years by the person who disposes of or inters the remains.
SECTION 25. Section 73-11-73, Mississippi Code of 1972, is amended as follows:
73-11-73. (1) A funeral
establishment and its employees * * * and/or representatives shall not
respond to a death call unless properly contacted and requested to so respond.
No person or entity * * * under this chapter shall remove or cause to be removed
any dead human body from the place of death or take or cause to take custody of
a dead human body without the permission of the next of kin or authorized
representative, in the order of priority specified in Section 73-11-58, of the
deceased.
(2) Dead human bodies may
be picked up on first call or removed by a * * * funeral service practitioner
licensed by the board or under the direction of the licensed * * * funeral service
practitioner. When a licensed * * * funeral service
practitioner directs another to make a first call or removal of a dead human
body, he accepts, in every manner, full responsibility for all aspects of the
first call or removal.
(3) A * * * funeral establishment or * * * a licensee of the board shall not
embalm or cremate a dead human body without the prior written or oral consent
of the next of kin or authorizing agent or representative of the deceased for
each body that is placed under its care and custody. In determining who the
proper next of kin is or authorizing agent or representative of the deceased,
the order of priority is the same as provided in Section 73-11-58.
(4) The * * * licensee
responsible for the embalming or cremation of the dead human body shall create
a written record of an oral consent given under this section that includes all
of the following:
(a) The name of the authorizing agent;
(b) The relation of the authorizing agent to the deceased;
(c) The date and time that consent was given;
(d) The name of the person who obtained the consent; and
(e) Any other information required by the board.
SECTION 26. Section 75-63-56, Mississippi Code of 1972, is amended as follows:
75-63-56. (1) The Secretary of State may deny, suspend, revoke, cancel or nonrenew any registration on the following grounds:
(a) The applicant or registrant has failed to comply with a provision of this article or any valid rule, regulation or order that the Secretary of State has issued;
(b) The registrant has obtained its registration through misrepresentation or fraud or the applicant has attempted to obtain a registration through misrepresentation or fraud;
(c) An officer, director, manager or owner of the applicant or registrant has improperly withheld, misappropriated or converted any monies or properties received in the course of the prepaid funeral contracts business to the registrant's or applicant's own use;
(d) An officer, director, manager or owner of the registrant or applicant has been found to have committed any unfair trade practice or fraud during the course of prepaid funeral contracts business;
(e) The registrant or applicant failed to provide a written response after receipt of a written inquiry from the Secretary of State or his representative as to transactions under the registration within fourteen (14) days after receipt thereof, unless the Secretary of State or his representative knowingly waives the timely response requirement in writing;
(f) The registrant or applicant has refused to be examined or produce any of his accounts, records or files for examination or has failed to cooperate with the Secretary of State in an investigation when requested by the Secretary of State or his representative;
(g) The registrant or applicant is indebted to the Secretary of State for any unpaid fine, penalties or fees;
(h) The registrant or
applicant does not possess an active license for the practice of funeral
service * * *, if applicable,
in good standing from the Mississippi State Board of Funeral Service; or
(i) The registrant or applicant is in violation of any of the provisions contained in the Mississippi Cemetery Law, Section 41-43-31 et seq.
(2) The Secretary of State may issue a cease and desist order, with or without a prior hearing, against the registrant, applicant, or other person or persons engaged in any prohibited act or practice directing them to cease and desist from further illegal activity, including the sale of preneed contracts, when there appears to be an immediate harm or threat of harm to consumers impacting public safety, health or welfare. If the Secretary of State finds in his order that the public health, safety or welfare imperatively requires emergency action, the Secretary of State may also summarily suspend any registration issued by him, but shall promptly hold an administrative hearing regarding the suspension or any order of cease and desist issued without a prior hearing. In those cases, the Secretary of State must convene a full hearing on the issues within ten (10) calendar days of the order of cease and desist or suspension.
(3) In exceptional circumstances where there appears an immediate harm or threat of harm to consumers due to a prohibited act or practice, the Secretary of State may issue an order to any trust officer or trust institution freezing any disbursements from a trust until the time that the Secretary of State may convene a full hearing on the matter prompting the order. In those cases, the Secretary of State shall convene a full hearing on the issues within ten (10) calendar days of the order, after which the Secretary of State may extend or lift the order.
SECTION 27. Section 75-63-53, Mississippi Code of 1972, is amended as follows:
75-63-53. As used in this article, unless the context requires otherwise:
(a) "Buyer" means the person who purchases the preneed contract.
(b) "Cash advance item" means any item of service or merchandise described to a purchaser as a "cash advance," "accommodation," "cash disbursement" or similar term. A cash advance item is also any item obtained from a third party and paid for by the funeral provider on the purchaser's behalf. Cash advance items may include, but are not limited to: cemetery or crematory services; pallbearers; public transportation; clergy honoraria; flowers; musicians or singers; nurses; obituary notices; gratuities and death certificates.
(c) "Cemetery" means an organization as defined in Section 41-43-33.
(d) "Contract insured" or "contract owner" means the person upon whose death will initiate the performance of a preneed contract.
(e) "Contract provider" means the funeral home, cemetery or other providers of merchandise and/or service in a preneed contract that will be responsible for performing a preneed contract.
(f) "Crematory" means an organization as defined in Section 73-11-41.
(g) "Financial institution" means a bank, trust company, savings bank, or savings and loan association chartered or authorized to do business in this state.
* * *
( * * *h) "Inflation proof
contract" means a preneed contract that establishes a fixed price for
funeral services and merchandise without regard to future price increases.
( * * *i) "Insurance" means a life
insurance policy, an annuity policy or a Class A or Class B burial insurance
policy.
( * * *j) "Merchandise" means
personal property associated with the disposal of or memorializing a deceased
human being, including, but not limited to, a casket, burial vault, burial
clothes, urn or monument.
( * * *k) "Preneed contract" means
any contract, agreement or any series or combination of contracts or
agreements, whether funded by trust deposits or insurance, or any combination
thereof, which has for a purpose the furnishing or performance of funeral
services, or the furnishing or delivery of merchandise, of any nature in
connection with the final disposition of a dead human body, to be furnished or
delivered at a time determinable by the death of the person whose body is to be
disposed of but shall not mean the furnishing of a cemetery lot, crypt, niche
or mausoleum.
( * * *l) "Preneed contract for
caskets" means any contract, agreement or any series or combination of contracts
or agreements, whether funded by trust deposits or insurance, or any
combination thereof, that is for the purpose of furnishing or delivering a
casket or caskets for the final disposition of a dead human body, to be
furnished or delivered at a time determinable by the death of the person whose
body is to be disposed of.
( * * *m) "Seller" means the person
who sells a preneed contract.
( * * *n) "Services" means services
of any nature in connection with the final disposition of a dead human body.
( * * *o) "Standard contract" means
a preneed contract that applies the trust funds or insurance proceeds to the
purchase price of specific funeral services and specific merchandise at the
time of death of the contract insured without a guarantee against future price
increases.
( * * *p) "Substitute provider"
means any funeral home, cemetery, or other provider of merchandise and/or
services who furnishes final needs to a beneficiary of a preneed contract sold
by another provider regardless of whether the substitute provider honors the
terms and conditions of the original preneed contract.
( * * *q) "Trust" means an express
trust created by a trust instrument whereby a trustee has the duty to
administer a trust asset for the benefit of a named preneed contract insured.
( * * *r) "Trustee" or "trust
officer" means an original, added or successor trustee including its
successor by merger or consolidation.
( * * *s) "Trust documents" means
documents, including, but not limited to, preneed contracts, receipts, contract
owner's death certificate, proof of death, the trust agreement, and any and all
correspondence between the trustee or trust institution and the contract
provider or contract insured.
SECTION 28. Section 83-37-5, Mississippi Code of 1972, is amended as follows:
83-37-5. (1) Until July 1, 1996, companies may be formed and organized to engage in the business herein mentioned with a capital stock of not less than Five Thousand Dollars ($5,000.00). The proposed incorporators, a majority of whom must be residents of the state, and not less than three (3), shall subscribe articles of incorporation in which shall be stated:
(a) The proposed corporate name of the company, which shall not so closely resemble the name of any corporation already transacting business in this state as to mislead the public or lead to confusion;
(b) The purpose for which it was formed and the business plan or principle of the operation of its business;
(c) The names, residences and official titles of all the officers who are to have and exercise the general control and management of the affairs and the funds of the corporation;
(d) The domicile of the proposed corporation;
(e) The amount of the capital stock.
The charter or articles of incorporation shall be approved by the Insurance Commissioner, and a certificate of approval shall be executed by the commissioner. The charter as thus approved shall be recorded in the Office of the Insurance Commissioner of this state and shall also be recorded in the Office of the Secretary of State.
(2) After July 1, 1996, no new companies may be formed and organized to engage in the business mentioned herein.
(3) No companies formed and
organized to engage in the business herein mentioned may be sold, transferred
or exchanged without prior approval of the Commissioner of Insurance. Before
approval by the commissioner is granted, the commissioner shall verify and
require that the company has an enforceable agreement with a * * * funeral service establishment * * * to
service the policies, contracts or certificates of the company; however, there
shall be no reduction in benefits paid under the policy if the policyholder is
affected by a merger or assumption and elects not to use the funeral home so
designated under the assumption agreement.
SECTION 29. Section 77-3-711, Mississippi Code of 1972, is amended as follows:
77-3-711. The provisions of this article shall not apply to:
(a) A person soliciting:
(i) Who does not make the major sales presentation during the telephone solicitation;
(ii) Without the intent to complete or obtain provisional acceptance of a sale, a charitable contribution, or the payment of some other item of value, pecuniary or otherwise, during the telephone solicitation; or
(iii) Without the intent to complete, and who does not complete, the sales presentation during the telephone solicitation, but who completes the sales presentation at a later face-to-face meeting between the person soliciting and the prospective purchaser or consumer.
(b) A person who is a licensee under Chapter 35, Title 73, Mississippi Code of 1972, who is a resident of the State of Mississippi, and whose telephone solicitation is for the sole purpose of selling, exchanging, purchasing, renting, listing for sale or rent or leasing real estate in connection with his real estate license and not in conjunction with any other offer.
(c) A motor vehicle dealer as that term is defined in Section 63-17-55, who is a resident of the State of Mississippi and who maintains a current motor vehicle dealer's license issued by the Mississippi Motor Vehicle Commission, whose telephone solicitation is for the sole purpose of selling, offering to sell, soliciting or advertising the sale of motor vehicles in connection with his motor vehicle dealer's license and not in conjunction with any other offer.
(d) An agent as that term is defined in Section 83-17-1 whose telephone solicitation is for the sole purpose of soliciting, consulting, advising, or adjusting in the business of insurance.
(e) A broker-dealer, agent, or investment advisor registered under Chapter 71, Title 75, Mississippi Code of 1972, whose telephone solicitation is for the sole purpose of effecting or attempting to effect the purchase or sale of securities or has the purpose of providing or seeking to provide investment or financial advice.
(f) A person calling on behalf of a charitable organization which is registered under Chapter 11, Title 79, Mississippi Code of 1972, whose telephone solicitation is for the sole purpose of soliciting for the charitable organization and who receives no compensation for his activities on behalf of the organization.
(g) A person calling on behalf of a newspaper of general circulation, whose telephone solicitation is for the sole purpose of soliciting a subscription to the newspaper from, or soliciting the purchase of advertising by, the consumer.
(h) A person calling on behalf of any supervised financial institution or parent, subsidiary or affiliate thereof. As used in this section, "supervised financial institution" means any commercial bank, trust company, savings and loan association, mutual savings bank, credit union, industrial loan company, small loan company, consumer finance lender, commercial finance lender or insurer, provided that the institution has a physical office located in the State of Mississippi and is subject to supervision by an official or agency of the State of Mississippi or of the United States.
(i) A person calling
on behalf of a funeral establishment * * *,
cemetery or monument dealer, if the sole purpose of the telephone solicitation
relates to services provided by the funeral or death related establishments in
the course of its ordinary business.
(j) Any telephone solicitor who solicits a consumer with whom he has an established business relationship.
SECTION 30. 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.
(b) "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.
(c) "Cosmetologist" means a person who for compensation, whether direct or indirect, engages in the practice of cosmetology.
(d) "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.
(e) "Esthetician" means any person who, for compensation, either direct or indirect, engages in the practice of esthetics.
(f) "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.
(g) "Manicuring and pedicuring" 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.
(h) "Manicurist" means a person who for compensation, either direct or indirect, engages in the practice of manicuring and pedicuring.
(i) "Master" means a person holding a cosmetology, manicuring and esthetics license who has completed the minimum course of continuing education prescribed by Section 73-7-14.
(j) "Salon" means
an establishment operated for the purpose of engaging in the practice of
cosmetology, or manicuring and pedicuring, or esthetics, * * * or all of those.
(k) "School"
means an establishment, public or private, operated for the purpose of teaching
cosmetology, or manicuring and pedicuring, or esthetics, * * * or all of those.
SECTION 31. 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 cosmetology 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 Council, whose membership shall consist of, in addition to the board members, five (5) elected delegates from the Mississippi Cosmetology Association, five (5) elected delegates from the Mississippi Cosmetology School Association, five (5) elected delegates from the Mississippi Independent Beauticians Association, and five (5) elected delegates from the School Owners and Teachers Association. The board may revoke the license of any cosmetologist, esthetician, manicurist, instructor, school of cosmetology, or salon, or may refuse to issue a license to any cosmetologist, esthetician, manicurist, instructor, school of cosmetology, or salon 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 cosmetology and beauty salons for the guidance of persons licensed
under this chapter in the operation of schools of cosmetology, or a beauty
salon, and in the practice of cosmetology, esthetics, manicuring and pedicuring * * *. 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 cosmetology or salon
at any time during the regular business hours of that school or salon to
conduct the investigation. Such investigation may include, but not be limited
to, conducting oral interviews with the complaining party, school or salon
owner(s) and/or students of the school, and reviewing records of the school or
salon 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) On or before July 1, 2001, the board shall adopt regulations to ensure that all fingernail service products used by licensed cosmetologists, manicurists 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 32. 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 a licensed school of cosmetology, and (d) has a high school education or its equivalent or has been successfully enrolled in a community college.
(a) The board 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 beauty salon or school of cosmetology in this state unless in case of emergency.
(b) 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.
(c) Any barber who can read, write and speak English and 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 five hundred (500) hours in a licensed school of cosmetology. 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, or manicurist 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 and manicurists 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 manicurist 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, esthetician, or
manicurist 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 * * * or manicurist * * * 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 shall be paid biennially in accordance to board rules.
SECTION 33. Section 73-7-29, Mississippi Code of 1972, is amended as follows:
73-7-29. The State Board of Cosmetology shall assess fees in the following amounts and for the following purposes:
(a) Initial
license/renewal for cosmetologist, manicurist * * * or esthetician * * *..$ 50.00
(b) Instructor initial license/renewal ...........80.00
(c) Master cosmetologist license/renewal .........70.00
(d) Delinquent renewal
penalty - cosmetologist, manicurist, esthetician * * * and instructor ................50.00
There shall be no renewal fee for any licensee seventy (70) years of age or older.
(e) Salon application and initial inspection .....85.00
(f) Salon reinspection ...........................35.00
(g) Salon change of ownership or location,
or both .....................................................85.00
(h) Salon renewal ................................60.00
(i) Salon 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 ...............................5.00
(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
The State Board of Cosmetology 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 34. Section 73-22-1, Mississippi Code of 1972, is brought forward as follows:
73-22-1. As used in this chapter:
(a) "Appropriately trained" means the satisfactory completion of a course of study that covers fitting and patient management of therapeutic diabetic shoes and inserts that is approved by the National Commission for Orthotic and Prosthetic Education (N.C.O.P.E.), or a course of study offered by a manufacturer.
(b) "Orthotic device" means a brace or support, but does not include fabric and elastic supports, corsets, arch supports, trusses, elastic hose, canes, crutches, cervical collars, dental appliances or other similar devices carried in stock and sold by drug stores, department stores, corset shops or surgical supply facilities.
(c) "Orthotics" means the science or practice of measuring, designing, constructing, assembling, fitting, adjusting or servicing orthotic devices for the support, correction or alleviation of musculoskeletal diseases, injuries, disabilities or deformities as permitted by prescriptions from a licensed doctor of medicine.
(d) "Orthotist" means a person who is certified by the American Board for Certification in Orthotics and Prosthetics or the Board for Orthotist/Prosthetist Certification as a certified orthotist.
(e) "Person" means any individual, corporation, partnership, association or other organization.
(f) "Prosthetic device" means any artificial device that is not surgically implanted and that is used to replace a missing limb, appendage or any other external human body part, including devices such as artificial limbs, hands, fingers, feet, toes, but excluding artificial eyes or appliances for the eyes, dental plates, and largely cosmetic devices such as wigs, artificial breasts, eyelashes, ears and noses or other devices which could not by their use have a significantly detrimental impact upon the musculoskeletal functions of the body.
(g) "Prosthetics" means the science or practice of measuring, designing, constructing, assembling, fitting, adjusting or servicing prosthetic devices as permitted by prescriptions from a licensed doctor of medicine.
(h) "Prosthetist" means a person who is certified by the American Board for Certification in Orthotics and Prosthetics or the Board for Orthotist/Prosthetist Certification as a certified prosthetist.
SECTION 35. This act shall take effect and be in force from and after July 1, 2021.