MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Accountability, Efficiency, Transparency
By: Senator(s) Blackwell, Younger, Whaley, Chassaniol
AN ACT TO PROVIDE THAT ON JULY 1, 2023, THE STATE DEPARTMENT OF HEALTH SHALL ASSUME ALL RESPONSIBILITIES AND DUTIES OF THE STATE BOARD OF BARBER EXAMINERS AND THE STATE BOARD OF COSMETOLOGY; TO PROVIDE THAT ALL ASSETS, POSITIONS, FUNDS, FILES, RECORDS, BANK ACCOUNTS OR OTHER PROPERTY OF THE STATE BOARD OF BARBER EXAMINERS AND THE STATE BOARD OF COSMETOLOGY SHALL BE TRANSFERRED TO THE STATE DEPARTMENT OF HEALTH; TO AMEND SECTION 41-3-15, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THE ACT; TO AMEND SECTION 73-5-1, MISSISSIPPI CODE OF 1972, TO CREATE THE BARBER BOARD ADVISORY COUNCIL AND PROVIDE FOR ITS MEMBERSHIP; TO AMEND SECTION 73-5-8, MISSISSIPPI CODE OF 1972, TO REVISE THE LICENSING REQUIREMENTS FOR BARBER INSTRUCTORS; TO AMEND SECTION 73-5-11, MISSISSIPPI CODE OF 1972, TO REVISE THE ELIGIBILITY FOR ENROLLMENT AT BARBERING SCHOOLS AND LICENSING REQUIREMENTS FOR BARBERS; TO AMEND SECTION 73-5-12, MISSISSIPPI CODE OF 1972, TO DELETE THE REQUIREMENT THAT A COSMETOLOGIST MUST READ, WRITE AND SPEAK ENGLISH; TO AMEND SECTION 73-5-17, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE DEPARTMENT OF HEALTH SHALL CONTRACT FOR ADMINISTRATORS OF THE BARBER EXAMINATIONS; TO AMEND SECTION 73-7-1, MISSISSIPPI CODE OF 1972, TO CREATE THE COSMETOLOGY ADVISORY COUNCIL AND PROVIDE FOR ITS MEMBERSHIP; TO AMEND SECTION 73-7-2, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THE ACT; TO AMEND SECTION 73-7-13, MISSISSIPPI CODE OF 1972, TO REVISE THE LICENSING REQUIREMENTS FOR COSMETOLOGISTS; TO AMEND SECTION 73-7-18, MISSISSIPPI CODE OF 1972, TO REVISE THE LICENSING REQUIREMENTS FOR ESTHETICIANS; TO AMEND SECTION 73-7-21, MISSISSIPPI CODE OF 1972, TO REVISE THE LICENSING REQUIREMENTS FOR MANICURISTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) On July 1, 2023, the State Department of Health shall assume all responsibilities and duties of the State Board of Barber Examiners and the State Board of Cosmetology. On such date, the State Department of Health shall be authorized to perform all functions of the State Board of Barber Examiners and the State Board of Cosmetology. Any reference in Title 73, Chapter 5 of Mississippi Code of 1972, or in any other provision of law to the State Board of Barber Examiners shall mean the State Department of Health. Any reference in Title 73, Chapter 7, Mississippi Code of 1972, or in any other provision of law to the State Board of Cosmetology shall mean the State Department of Health.
(2) On July 1, 2023, all assets, positions, funds, files, records, bank accounts or other property of the State Board of Barber Examiners and the State Board of Cosmetology shall be transferred to the State Department of Health. The State Health Officer shall be empowered to assign the functions and resources of the boards to any office, division or other operational unit of the Department of Health that the State Health Officer considers appropriate.
SECTION 2. To facilitate the transfer of authority to the State Department of Health provided for in Section 1 of this act, the Department of Finance and Administration, the State Personnel Board and the Department of Information Technology Services shall provide assistance to ensure the orderly transfer of all functions and assets set forth in Section 1 of this act.
SECTION 3. Section 41-3-15, Mississippi Code of 1972, is amended as follows:
41-3-15. (1) (a) There shall be a State Department of Health.
(b) The State Board of Health shall have the following powers and duties:
(i) To formulate the policy of the State Department of Health regarding public health matters within the jurisdiction of the department;
(ii) To adopt, modify, repeal and promulgate, after due notice and hearing, and enforce rules and regulations implementing or effectuating the powers and duties of the department under any and all statutes within the department's jurisdiction, and as the board may deem necessary;
(iii) To apply for, receive, accept and expend any federal or state funds or contributions, gifts, trusts, devises, bequests, grants, endowments or funds from any other source or transfers of property of any kind;
(iv) To enter into, and to authorize the executive officer to execute contracts, grants and cooperative agreements with any federal or state agency or subdivision thereof, or any public or private institution located inside or outside the State of Mississippi, or any person, corporation or association in connection with carrying out the provisions of this chapter, if it finds those actions to be in the public interest and the contracts or agreements do not have a financial cost that exceeds the amounts appropriated for those purposes by the Legislature;
(v) To appoint, upon recommendation of the Executive Officer of the State Department of Health, a Director of Internal Audit who shall be either a Certified Public Accountant or Certified Internal Auditor, and whose employment shall be continued at the discretion of the board, and who shall report directly to the board, or its designee; and
(vi) To discharge such other duties, responsibilities and powers as are necessary to implement the provisions of this chapter.
(c) The Executive Officer of the State Department of Health shall have the following powers and duties:
(i) To administer the policies of the State Board of Health within the authority granted by the board;
(ii) To supervise and direct all administrative and technical activities of the department, except that the department's internal auditor shall be subject to the sole supervision and direction of the board;
(iii) To organize the administrative units of the department in accordance with the plan adopted by the board and, with board approval, alter the organizational plan and reassign responsibilities as he or she may deem necessary to carry out the policies of the board;
(iv) To coordinate the activities of the various offices of the department;
(v) To employ, subject to regulations of the State Personnel Board, qualified professional personnel in the subject matter or fields of each office, and such other technical and clerical staff as may be required for the operation of the department. The executive officer shall be the appointing authority for the department, and shall have the power to delegate the authority to appoint or dismiss employees to appropriate subordinates, subject to the rules and regulations of the State Personnel Board;
(vi) To recommend to the board such studies and investigations as he or she may deem appropriate, and to carry out the approved recommendations in conjunction with the various offices;
(vii) To prepare and deliver to the Legislature and the Governor on or before January 1 of each year, and at such other times as may be required by the Legislature or Governor, a full report of the work of the department and the offices thereof, including a detailed statement of expenditures of the department and any recommendations the board may have;
(viii) To prepare and
deliver to the Chairmen of the Public Health and Welfare/Human Services Committees
of the Senate and House on or before January 1 of each year, a plan for monitoring
infant mortality in Mississippi and a full report of the work of the department
on reducing Mississippi's infant mortality and morbidity rates and improving the
status of maternal and infant health; * * *
(ix) To enter into
contracts, grants and cooperative agreements with any federal or state agency or
subdivision thereof, or any public or private institution located inside or outside
the State of Mississippi, or any person, corporation or association in connection
with carrying out the provisions of this chapter, if he or she finds those actions
to be in the public interest and the contracts or agreements do not have a financial
cost that exceeds the amounts appropriated for those purposes by the Legislature.
Each contract or agreement entered into by the executive officer shall be submitted
to the board before its next meeting * * *;
(x) To carry out the duties and responsibilities set forth in Section 1 of this act.
(2) The State Board of Health shall have the authority to establish an Office of Rural Health within the department. The duties and responsibilities of this office shall include the following:
(a) To collect and evaluate data on rural health conditions and needs;
(b) To engage in policy analysis, policy development and economic impact studies with regard to rural health issues;
(c) To develop and implement plans and provide technical assistance to enable community health systems to respond to various changes in their circumstances;
(d) To plan and assist in professional recruitment and retention of medical professionals and assistants; and
(e) To establish information clearinghouses to improve access to and sharing of rural health care information.
(3) The State Board of Health shall have general supervision of the health interests of the people of the state and to exercise the rights, powers and duties of those acts which it is authorized by law to enforce.
(4) The State Board of Health shall have authority:
(a) To make investigations and inquiries with respect to the causes of disease and death, and to investigate the effect of environment, including conditions of employment and other conditions that may affect health, and to make such other investigations as it may deem necessary for the preservation and improvement of health.
(b) To make such sanitary investigations as it may, from time to time, deem necessary for the protection and improvement of health and to investigate nuisance questions that affect the security of life and health within the state.
(c) To direct and control sanitary and quarantine measures for dealing with all diseases within the state possible to suppress same and prevent their spread.
(d) To obtain, collect and preserve such information relative to mortality, morbidity, disease and health as may be useful in the discharge of its duties or may contribute to the prevention of disease or the promotion of health in this state.
(e) To charge and collect reasonable fees for health services, including immunizations, inspections and related activities, and the board shall charge fees for those services; however, if it is determined that a person receiving services is unable to pay the total fee, the board shall collect any amount that the person is able to pay. Any increase in the fees charged by the board under this paragraph shall be in accordance with the provisions of Section 41-3-65.
(f) (i) To establish standards for, issue permits and exercise control over, any cafes, restaurants, food or drink stands, sandwich manufacturing establishments, and all other establishments, other than churches, church-related and private schools, and other nonprofit or charitable organizations, where food or drink is regularly prepared, handled and served for pay; and
(ii) To require that a permit be obtained from the Department of Health before those persons begin operation. If any such person fails to obtain the permit required in this subparagraph (ii), the State Board of Health, after due notice and opportunity for a hearing, may impose a monetary penalty not to exceed One Thousand Dollars ($1,000.00) for each violation. However, the department is not authorized to impose a monetary penalty against any person whose gross annual prepared food sales are less than Five Thousand Dollars ($5,000.00). Money collected by the board under this subparagraph (ii) shall be deposited to the credit of the State General Fund of the State Treasury.
(g) To promulgate rules and regulations and exercise control over the production and sale of milk pursuant to the provisions of Sections 75-31-41 through 75-31-49.
(h) On presentation of proper authority, to enter into and inspect any public place or building where the State Health Officer or his representative deems it necessary and proper to enter for the discovery and suppression of disease and for the enforcement of any health or sanitary laws and regulations in the state.
(i) To conduct investigations, inquiries and hearings, and to issue subpoenas for the attendance of witnesses and the production of books and records at any hearing when authorized and required by statute to be conducted by the State Health Officer or the State Board of Health.
(j) To promulgate rules and regulations, and to collect data and information, on (i) the delivery of services through the practice of telemedicine; and (ii) the use of electronic records for the delivery of telemedicine services.
(k) To enforce and regulate domestic and imported fish as authorized under Section 69-7-601 et seq.
(5) (a) The State Board of Health shall have the authority, in its discretion, to establish programs to promote the public health, to be administered by the State Department of Health. Specifically, those programs may include, but shall not be limited to, programs in the following areas:
(i) Maternal and child health;
(ii) Family planning;
(iii) Pediatric services;
(iv) Services to crippled and disabled children;
(v) Control of communicable and noncommunicable disease;
(vi) Chronic disease;
(vii) Accidental deaths and injuries;
(viii) Child care licensure;
(ix) Radiological health;
(x) Dental health;
(xi) Milk sanitation;
(xii) Occupational safety and health;
(xiii) Food, vector control and general sanitation;
(xiv) Protection of drinking water;
(xv) Sanitation in food handling establishments open to the public;
(xvi) Registration of births and deaths and other vital events;
(xvii) Such public health programs and services as may be assigned to the State Board of Health by the Legislature or by executive order; and
(xviii) Regulation of domestic and imported fish for human consumption.
(b) The State Board of Health and State Department of Health shall not be authorized to sell, transfer, alienate or otherwise dispose of any of the home health agencies owned and operated by the department on January 1, 1995, and shall not be authorized to sell, transfer, assign, alienate or otherwise dispose of the license of any of those home health agencies, except upon the specific authorization of the Legislature by an amendment to this section. However, this paragraph (b) shall not prevent the board or the department from closing or terminating the operation of any home health agency owned and operated by the department, or closing or terminating any office, branch office or clinic of any such home health agency, or otherwise discontinuing the providing of home health services through any such home health agency, office, branch office or clinic, if the board first demonstrates that there are other providers of home health services in the area being served by the department's home health agency, office, branch office or clinic that will be able to provide adequate home health services to the residents of the area if the department's home health agency, office, branch office or clinic is closed or otherwise discontinues the providing of home health services. This demonstration by the board that there are other providers of adequate home health services in the area shall be spread at length upon the minutes of the board at a regular or special meeting of the board at least thirty (30) days before a home health agency, office, branch office or clinic is proposed to be closed or otherwise discontinue the providing of home health services.
(c) The State Department of Health may undertake such technical programs and activities as may be required for the support and operation of those programs, including maintaining physical, chemical, bacteriological and radiological laboratories, and may make such diagnostic tests for diseases and tests for the evaluation of health hazards as may be deemed necessary for the protection of the people of the state.
(6) (a) The State Board of Health shall administer the local governments and rural water systems improvements loan program in accordance with the provisions of Section 41-3-16.
(b) The State Board of Health shall have authority:
(i) To enter into capitalization grant agreements with the United States Environmental Protection Agency, or any successor agency thereto;
(ii) To accept capitalization grant awards made under the federal Safe Drinking Water Act, as amended;
(iii) To provide annual reports and audits to the United States Environmental Protection Agency, as may be required by federal capitalization grant agreements; and
(iv) To establish and collect fees to defray the reasonable costs of administering the revolving fund or emergency fund if the State Board of Health determines that those costs will exceed the limitations established in the federal Safe Drinking Water Act, as amended. The administration fees may be included in loan amounts to loan recipients for the purpose of facilitating payment to the board; however, those fees may not exceed five percent (5%) of the loan amount.
(7) Notwithstanding any other provision to the contrary, the State Department of Health shall have the following specific powers: The department shall issue a license to Alexander Milne Home for Women, Inc., a 501(c)(3) nonprofit corporation, for the construction, conversion, expansion and operation of not more than forty-five (45) beds for developmentally disabled adults who have been displaced from New Orleans, Louisiana, with the beds to be located in a certified ICF-MR facility in the City of Laurel, Mississippi. There shall be no prohibition or restrictions on participation in the Medicaid program for the person receiving the license under this subsection (7). The license described in this subsection shall expire five (5) years from the date of its issue. The license authorized by this subsection shall be issued upon the initial payment by the licensee of an application fee of Sixty-seven Thousand Dollars ($67,000.00) and a monthly fee of Sixty-seven Thousand Dollars ($67,000.00) after the issuance of the license, to be paid as long as the licensee continues to operate. The initial and monthly licensing fees shall be deposited by the State Department of Health into the special fund created under Section 41-7-188.
(8) Notwithstanding any other provision to the contrary, the State Department of Health shall have the following specific powers: The State Department of Health is authorized to issue a license to an existing home health agency for the transfer of a county from that agency to another existing home health agency, and to charge a fee for reviewing and making a determination on the application for such transfer not to exceed one-half (1/2) of the authorized fee assessed for the original application for the home health agency, with the revenue to be deposited by the State Department of Health into the special fund created under Section 41-7-188.
(9) Notwithstanding any other provision to the contrary, the State Department of Health shall have the following specific powers: For the period beginning July 1, 2010, through July 1, 2017, the State Department of Health is authorized and empowered to assess a fee in addition to the fee prescribed in Section 41-7-188 for reviewing applications for certificates of need in an amount not to exceed twenty-five one-hundredths of one percent (.25 of 1%) of the amount of a proposed capital expenditure, but shall be not less than Two Hundred Fifty Dollars ($250.00) regardless of the amount of the proposed capital expenditure, and the maximum additional fee permitted shall not exceed Fifty Thousand Dollars ($50,000.00). Provided that the total assessments of fees for certificate of need applications under Section 41-7-188 and this section shall not exceed the actual cost of operating the certificate of need program.
(10) Notwithstanding any other provision to the contrary, the State Department of Health shall have the following specific powers: The State Department of Health is authorized to extend and renew any certificate of need that has expired, and to charge a fee for reviewing and making a determination on the application for such action not to exceed one-half (1/2) of the authorized fee assessed for the original application for the certificate of need, with the revenue to be deposited by the State Department of Health into the special fund created under Section 41-7-188.
(11) Notwithstanding any other provision to the contrary, the State Department of Health shall have the following specific powers: The State Department of Health is authorized and empowered, to revoke, immediately, the license and require closure of any institution for the aged or infirm, including any other remedy less than closure to protect the health and safety of the residents of said institution or the health and safety of the general public.
(12) Notwithstanding any other provision to the contrary, the State Department of Health shall have the following specific powers: The State Department of Health is authorized and empowered, to require the temporary detainment of individuals for disease control purposes based upon violation of any order of the State Health Officer, as provided in Section 41-23-5. For the purpose of enforcing such orders of the State Health Officer, persons employed by the department as investigators shall have general arrest powers. All law enforcement officers are authorized and directed to assist in the enforcement of such orders of the State Health Officer.
SECTION 4. Section 73-5-1, Mississippi Code of 1972, is amended as follows:
73-5-1. * * * (1) There
is hereby created the Barber Board Advisory Council. The * * * Barber Board Advisory
Council shall consist of * * * four (4) members, to be
appointed by the Governor, with the advice and consent of the Senate * * *. Each member
shall be a practical barber and a qualified elector of this state. He shall
have been engaged in the practice of barbering in the State of Mississippi for
at least five (5) years immediately before the time of his appointment and
shall be a person of good moral character. * * * There shall be appointed one (1)
member of the * * *
advisory council from each of the four (4) Mississippi congressional
districts as they currently exist * * *.
* * *
(2) In addition to the practical barber members provided for in this section, there shall be one (1) consumer member of the Barber Advisory Council who shall be appointed from the state at large with the advice and consent of the Senate. The consumer member shall have no interest in any barber school and shall have no involvement in the profession of barbering.
(3) The Barber Advisory Council shall meet quarterly upon the call of the State Health Officer to advise the State Department of Health on matters pertinent to the admission to the practice of barbers and the regulation of barbers and barbering schools. The council shall have no power to regulate the admission to practice or the practice of barbering or the operation of barbering schools.
(4) Any reference in this chapter to the State Board of Barber Examiners shall mean the State Department of Health.
SECTION 5. Section 73-5-8, Mississippi Code of 1972, is amended as follows:
73-5-8. Any person is qualified to receive a certificate of registration as a barber instructor who:
(a) Is * * * sixteen (16) years of age
or older;
(b) Is of good moral and temperate habits;
* * *
( * * *c) Possesses a high school tenth grade
education or its equivalent;
( * * *d) Has successfully completed not less
than fifteen hundred (1500) hours at a barbering school approved by the State
Board of Barber Examiners and holds a valid certificate of registration to
practice barbering;
( * * *e) Has (i) not less than two (2) years
of active experience as a registered barber and has successfully completed not
less than six hundred (600) hours of barber instructor training at a school
approved by the board, or (ii) less than two (2) years of active experience as
a registered barber and has successfully completed not less than one thousand
(1,000) hours of barber instructor training at a school approved by the board;
and
( * * *f) Has passed a satisfactory
examination conducted by the board to determine his fitness to practice as a
barber instructor.
All persons who have received a certificate of registration as a barber instructor from the board before July 1, 2002, shall be considered to have met the requirements of this section, and all those certificates of registration shall be renewable as otherwise provided in this chapter.
The board will implement an active and inactive instructor license. In order to renew an active license, instructors holding an active license shall be required to submit proof of twelve (12) hours of continuing education each year to the Board of Barber Examiners. That education shall be acquired in classes or trade shows teaching materials that are approved by the board. Instructors holding an inactive license shall be required to submit proof of twelve (12) hours continuing education before upgrading to an active status.
SECTION 6. Section 73-5-11, Mississippi Code of 1972, is amended as follows:
73-5-11. (1) To be
eligible for enrollment at a barbering school approved by the * * * State Department of
Health, a person shall * * *
be at least sixteen (16) years of age, have a minimum education of tenth grade
or its equivalent, and/or shall have satisfactorily passed the Ability-to-Benefit * * * Test (ATB) approved by the
U.S. Department of Education.
(2) Any person is qualified to receive a certificate of registration to practice barbering:
(a) Who is qualified under the provisions of this chapter;
(b) Who is of good moral character and temperate habits;
(c) Who has completed
not less than fifteen hundred (1500) hours at a barbering school approved by
the * * * State Department of Health or three thousand (3,000)
hours of State Department of Health-approved apprenticeship training. Apprenticeships
shall only be monitored and mentored by those with an instructor license and there
shall be only one (1) apprentice per mentor; and
(d) Who has passed a satisfactory examination conducted by the board of examiners to determine his fitness to practice barbering.
(3) A temporary permit to
practice barbering until the next examination is given may be issued to a
student who has completed not less than fifteen hundred (1500) hours at a
barbering school approved by the * * * State Department of
Health or three thousand (3,000) hours of State Department of Health-approved apprenticeship
training. In no event shall a person be allowed to practice barbering on a
temporary permit beyond the date the next examination is given, except because
of personal illness.
(4) The ability to read, write and speak English shall not be a requirement for licensure as a registered barber.
SECTION 7. Section 73-5-12, Mississippi Code of 1972, is amended as follows:
73-5-12. Any cosmetologist
who * * * has successfully completed not less than
fifteen hundred (1500) hours in an accredited school of cosmetology, and holds
a valid, current license, shall be eligible to take the barber examination to
secure a certificate of registration as a barber upon successfully completing
six hundred (600) hours in a barber school approved by the Board of Barber Examiners.
All fees for application, examination, registration and renewal thereof shall be the same as provided for in this chapter.
SECTION 8. Section 73-5-17, Mississippi Code of 1972, is amended as follows:
73-5-17. The * * * State Department of
Health shall contract for administrators of the examinations required by this section.
The selected contractor(s) shall conduct examinations of applicants for
certificates of registration to practice as registered barbers not less than
three (3) times a year, which examination shall be had in some town or city
selected by the * * * department. Examinations of applicants for
certificates of registration as barber instructors shall be conducted at a time
and place selected by the * * * examining board State Department of Health.
The examination of applicants for certificates of registration as registered barbers shall include both a practical demonstration and a written and oral test, and shall embrace the subjects usually practiced in a duly licensed shop of Mississippi under the direct and personal supervision of a registered barber. The examination of applicants for certificates of registration as barber instructors shall include such subjects as the board deems necessary to determine the applicant's fitness to practice as a barber instructor.
SECTION 9. Section 73-7-1, Mississippi Code of 1972, is amended as follows:
73-7-1. (1) There is
hereby * * * created a Cosmetology Advisory
Council, composed of five (5) members to be appointed by the Governor, with
the advice and consent of the Senate, and whose term of office shall be four (4)
years from the date of appointment * * *. * * * Membership of the advisory council
shall consist of two (2) cosmetologists, one (1) of whom being a salon owner, one
(1) manicurist, one (1) esthetician, one (1) member of the public who is not a cosmetologist,
barber or related profession, and shall have no interest in any activity related
to cosmetology. All licensed members of the advisory council shall be appointed
from the Congressional districts as presently constituted. The consumer member
shall be appointed from the state at-large.
* * *
(2) The Cosmetology Advisory Council shall meet quarterly upon the call of the State Health Officer to advise the State Department of Health on matters pertinent to the regulation and admission to the practice of cosmetologists, manicurists or estheticians and the regulation of cosmetology schools, but shall have no power to regulate the admissions to practice or the practice of the professions set out herein or the operation of cosmetology schools.
(3) Any reference in this chapter to the State Board of Cosmetologist shall mean the State Department of Health.
SECTION 10. 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 Department of Health.
(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.
For regulation purposes, the term "cosmetology" does not include persons whose practice is limited to only performing makeup artistry, threading or applying or removing eyelash extensions; however, a person may perform a combination of not more than three (3) such practices and still be exempt from this chapter.
(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. For regulation purposes, the term "esthetics" does not include persons whose practice is limited to only performing makeup artistry, threading or applying or removing eyelash extensions; however, a person may perform a combination of not more than three (3) such practices and still be exempt from this chapter.
(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 wigology, 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 wigology, or all of those.
SECTION 11. Section 73-7-13, Mississippi Code of 1972, is amended as follows:
73-7-13. (1) The * * * State Department of Health shall admit
to examination for a cosmetology license any person who has made application to
the * * * State
Department of Health in proper form, has paid the required fee, and who (a)
is at least * * * sixteen (16) years of age, (b) * * * has successfully
completed no less than fifteen hundred (1500) hours over a period of no less than
nine (9) months in a licensed school of cosmetology or in an apprenticeship program
for three thousand (3,000) hours certified by the State Department of Health,
and ( * * *c)
has a high school tenth grade education or its equivalent or has been successfully
enrolled in a community college. Apprenticeships provided for in this subsection
may be monitored or mentored by a master cosmetologist or a licensed cosmetology
instructor. Only one (1) apprentice may be mentored by any person at the same time.
( * * *2) The * * * State Department of Health 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.
( * * *3) 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.
( * * *4) Any barber who * * * has successfully
completed no less than fifteen hundred (1500) hours in a licensed barber school,
and who holds a current valid certificate of registration to practice barbering
and who holds a current valid license, is eligible to take the cosmetology examination
to secure a cosmetology license upon successfully completing 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.
( * * *5) Each application or filing made under
this section shall include the social security number(s) of the applicant in accordance
with Section 93-11-64.
( * * *6) Any licensed cosmetologist, 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 * * *
State Department of Health 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,
manicurist or wigologist registered on the "inactive" list shall not be
eligible for registration on the active list until either of the following conditions
have been satisfied:
(a) Written application
shall be submitted to the * * * State Board of Cosmetology State Department of Health stating
the reasons for such inactivity and setting forth such other information as the
board may require on an individual basis and completion of the number of clock hours
of continuing education as approved by the board; or
(b) Evidence to the satisfaction of the board shall be submitted that they have actively practiced their profession in good standing in another state and have not been guilty of conduct that would warrant suspension or revocation as provided by applicable law; and
(c) Payment of the fee
for processing such inactive license shall be paid biennially in accordance to * * * State Department of Health rules.
SECTION 12. Section 73-7-18, Mississippi Code of 1972, is amended as follows:
73-7-18. (1) The * * * State Department of Health shall admit
to examination for an esthetician's license any person who has made application
to the board in proper form, has paid the required fee, and who:
(a) Is not less than * * * sixteen (16) years of age;
* * *
( * * *b) Has a high school tenth grade education
or its equivalent; and
( * * *c) Has successfully completed a course
of training in esthetics of not less than six hundred (600) hours in an accredited
school in which the practice of esthetics is taught, including not less than one
hundred (100) hours of theory and five hundred (500) hours of skill practice or
an apprenticeship program of twelve hundred (1200) hours certified by the Department
of Health. Apprenticeships provided for in this section may be monitored
or mentored by a person with a master or instructor license in cosmetology or esthetics.
Only one (1) apprentice may be mentored by any person at the same time.
* * * Licensed estheticians desiring to pursue
additional hours to be eligible for a license as a cosmetologists may be credited
with any hours acquired in studying and training to be an esthetician, which may
be applied to the number of hours required for a cosmetology license examination.
(2) Every person who has completed not less than three hundred fifty (350) hours of training in esthetics approved by the board in this or any other state prior to July 1, 1987, shall be registered with the board within a period not exceeding six (6) months after July 1, 1987, and shall be granted an esthetician's license by the board if such person presents satisfactory evidence to the board that he or she has fulfilled all the requirements to be admitted to examination except the training hours requirement.
(3) Each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section 93-11-64, Mississippi Code of 1972.
SECTION 13. Section 73-7-21, Mississippi Code of 1972, is amended as follows:
73-7-21. (1) The * * * State Department of Health shall admit
to examination for a manicurist's license any person who has made application to
the board in proper form, has paid the required fee, and who:
(a) Is at least * * * sixteen (16) years of age;
* * *
( * * *b) Has successfully completed no less than
three hundred fifty (350) hours of practice and related theory in manicuring and
pedicuring over a period of no less than nine (9) weeks in an accredited school
of cosmetology in this or any other state, or in an apprenticeship program of
seven hundred (700) hours certified by the State Department of Health. Apprenticeships
provided for in this section may be monitored or mentored by a person with a master
or instructor license in cosmetology or manicuring. Only one (1) apprentice may
be mentored by any person at the same time; and
( * * *c) Has a high school tenth grade
education or its equivalent, or has been successfully enrolled in a community
college.
(2) Licensed manicurists desiring
to pursue additional hours to be eligible for a license as a cosmetologist may be
credited with * * * any hours acquired in studying and training
to be a manicurist which may be applied to the number of hours required for a cosmetology
license examination.
(3) The * * * State Department of Health shall adopt
regulations governing the use of electric nail files for the purpose of filing false
or natural nails.
(4) 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 14. Section 2 of this act shall take effect and be in force from and after its passage. Section 1 and Sections 3 through 13 of this act shall take effect and be in force from and after July 1, 2023.