MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Business and Commerce

By: Representative Yancey

House Bill 1138

AN ACT TO PRESCRIBE THE REQUIREMENTS FOR ANY APPRENTICESHIP PROGRAM APPROVED BY THE STATE BOARD OF COSMETOLOGY AND BARBERING FOR TRAINING IN THE FIELD OF COSMETOLOGY, BARBERING, NAIL TECHNOLOGY OR ESTHETICS; TO AMEND SECTIONS 73-7-13, 73-7-13.1,  73-7-18 AND 73-7-21, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; TO BRING FORWARD SECTION 73-7-15, MISSISSIPPI CODE OF 1972, WHICH RELATES TO INSTRUCTORS LICENSES, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Any apprenticeship program approved by the State Board of Cosmetology and Barbering under Section 73-7-13, 73-7-13.1, 73-7-15, 73-7-18 or 73-7-21 for training in the field of cosmetology, barbering, nail technology or esthetics must meet the requirements of Sections 2 through 9 of this act.

     SECTION 2.  Apprentice registration and requirements.  (1)  The sponsor, on behalf of a potential apprentice who is a person who is at least sixteen (16) years old and seeks training as an apprentice in the field of cosmetology, barbering, nail technology and/or esthetics must complete an application entitled "application for apprenticeship" available on the board's website or otherwise may be made available by the board.  The application must be accompanied by:

          (a)  Two (2) 2 x 2 inch passport style photograph taken within the last ninety (90) days before the application;

          (b)  Two (2) forms of identification of which at least one (1) must be a government issued identification with a photograph; 

          (c)  Verified documentation of successful completion of high school, GED certificate, high school equivalency program credentialed as approved by the State Board of Education, or proof of enrollment in a community college;

          (d)  Nonrefundable application fee.  After successful completion of the application, the apprentice shall receive a board-issued badge that shall be worn at all times while the apprentice is in training; and

          (e)  Copy of sponsor's license.  An apprentice may train in a licensed shop under a licensed instructor or a current licensee who has been licensed for at least fifteen (15) years in the appropriate field.

     (2)  If an apprentice ceases training before completion of a course, the sponsor shall submit to the board the apprentice badge and statement of apprenticeship termination that is signed and notarized by the student within five (5) days.

     (3)  Apprenticeship training shall be under the direct supervision of the approved sponsor at all times.

     (4)  An apprentice must complete a new application as provided in this section in order to change sponsoring instructor.

     SECTION 3.  Sponsor requirements.  (1)  A licensed instructor in good standing who has been in active practice in Mississippi for at least ten (10) years or a licensee who has been licensed for at least fifteen (15) years in the appropriate field may serve as a sponsor and train an apprentice within the scope of the sponsor's license only.

     (2)   At all times of an apprenticeship program, the sponsor must maintain an active license in good standing.

     (3)  After successful completion of the application as provided in Section 1 of this act, the sponsor shall receive a board-issued badge that shall be worn at all times while the apprentice is in training.  If an apprentice ceases training before completion of a course, the sponsor shall submit to the board the sponsor badge within five (5) days.

     (4)  Such sponsor may train only one (1) apprentice at a time.  Each sponsor must be associated with a board-approved sponsoring establishment in which the apprentice training and instruction will occur.

     (5)  A sponsor may not charge the apprentice for training.  All products used by the apprentice in the service of clients must be provided by either the sponsor or the board-approved sponsoring establishment and may not be paid for by the apprentice.  The sponsor may charge for services rendered by the apprentice while in apprentice training.

     SECTION 4.  Sponsoring establishment requirements.  (1)  A sponsoring establishment is the establishment in which the apprentice receives training and instruction under the supervision of the sponsor.  A sponsoring establishment must be licensed at all times of an apprenticeship.  No more than two (2) apprentices per licensed sponsor may be approved to train at any given time.  No more than two (2) sponsors may function in any one (1) sponsoring establishment at any given time.

     (2)  The minimum equipment and supplies are the same as for students at a licensed school.  A sponsoring establishment must conspicuously display a sign stating:  "Services Offered by Apprentice or Student Trainee".

     SECTION 5.  Curriculum.  (1)  The sponsor shall instruct the apprentice in all subjects as outlined in the curricula prescribed by the board to be taught in a school and shall use the board-approved textbook.  The sponsor shall give the apprentice tests and a final examination in both the practical skills and theory work.

     (2)  When working on patrons, an apprentice may perform services on the general public for only the areas that they have received technical training.

     SECTION 6.  Hours.  (1)  Each sponsor shall keep a permanent record of the apprentice's attendance as reflected on a timeclock punch card or timeclock.  If a change is required, the signature of both the sponsor and the apprentice is required at the point of change.  Each apprentice must personally clock in/out; if an apprentice is in or out of the sponsoring establishment for lunch, he must clock out.  No hours may be given for any unverified time.

     (2)  A monthly report must accurately document an apprentice's work for the day and must be initialed by the sponsor monthly.  A sponsor must maintain a monthly report of the apprentice's academic progress and hours earned.  Hours cannot be transferred from an apprenticeship program to a licensed school.

     SECTION 7.  Coursework acceleration.  (1)  Accelerated hours means a reduction of the timeframe (not clock hours) required for course completion by compressing into a shorter period and is impermissible.

     (2)  A sponsor may not permit an apprentice to complete a program in a time period less than the following:  seventy-five (75) weeks for cosmetology, seventy-five (75) weeks for barbering, seventeen and one half (17-1/2) weeks for nail technology, thirty (30) weeks for esthetics, and twenty-five (25) weeks for a student instructor (nail technology or esthetics).

     (3)  A sponsor may not award credit or provide instruction and an apprentice may not earn hours for any attendance in excess of the board-approved program hours.

     SECTION 8.  Completion of apprenticeship.  (1)  Within thirty (30) days after an apprentice completes the required hours and training, the sponsor must certify a record of completion for the apprentice and shall notify the board of such completion.

     (2)  An apprentice must complete the course of training within the following time period:  one-hundred (100) weeks for cosmetology, one-hundred (100) weeks for barbering, twenty-three (23) weeks for nail technology, forty (40) weeks for esthetics, and thirty-three and one half (33-1/2) weeks for a student instructor (nail technology or esthetics).

     SECTION 9.  Audit.  (1)  The board or its authorized agent(s) may inspect the sponsoring establishments as necessary.  During such an audit, all records of the apprentice must be made available to the board or its authorized agent(s) during the business's hours.  An audit may include, but is not limited to the following review of:

          (a)  Curriculum including, but not limited to, current syllabus and lesson plan(s) for each course;

          (b)  Apprentice's file, including all relevant documents;

          (c)  Attendance records and clock hours; and

          (d)  Physical facilities.

     (2)  The board may, if necessary, withdraw approval of an apprentice or sponsor.

     SECTION 10.  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 is at least sixteen (16) years old and who has made application to the board in proper form, has paid the required fee, and who 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 no less than three thousand (3,000) hours in an apprenticeship program certified by the board, and has a high school education or its equivalent or has been successfully enrolled in a community college.  Apprenticeships provided for in this subsection shall be monitored or mentored by a licensed cosmetology instructor only.  * * *Only one (1) Not more than two (2) apprentices may be mentored by any person at the same time.

     (2)  The board may, in its discretion, issue to any student who has completed the prescribed hours in a licensed school or approved apprenticeship program and paid the required fee a temporary permit until such time as the next examination may be held but not exceeding six (6) months.  Such student shall be issued only one (1) temporary permit.  Application for an examination and license shall be accompanied by two (2) recent passport-style photographs of the applicant.  No temporary permit will be issued to an applicant from any other state to operate a beauty salon, barber shop or school of any profession regulated by the board in this state unless in case of emergency.

     (3)  Applicants for the cosmetologist license, after having satisfactorily passed the prescribed examination, shall be issued a cosmetology license which shall be valid for two (2) years, and the license shall be subject to renewal.  No license issued by the board may be renewed until all monetary fines and penalties assessed by the board to the licensee are paid in full.

     (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 licensure to practice barbering is eligible to take the cosmetology examination to secure a cosmetology license upon successfully completing six hundred (600) hours in a licensed school of cosmetology.  All fees for application, examination, licensure, 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, barber, esthetician, or nail technician who is registered but not actively practicing in the State of Mississippi at the time of making application for renewal of an active license, may apply for registration as inactive status.  Such "inactive" status 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, barbers, estheticians and nail technicians registered on the appropriate list as actively practicing in the State of Mississippi shall be authorized to practice those professions.  No cosmetologist, barber, nail technician or esthetician 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, barber, nail technician or esthetician, who is registered on the "inactive" status list shall not be eligible for active licensure status until either of the following conditions have been satisfied:

          (a)  Written application shall be submitted to the board 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 11.  Section 73-7-13.1, Mississippi Code of 1972, is amended as follows:

     73-7-13.1  (1)  The board shall admit to examination for a barbering license any person who is at least sixteen (16) years old and who has made application to the board in proper form, has paid the required fee, and who (a) has successfully completed no less than fifteen hundred (1500) hours at a barbering school approved by the board or three thousand (3,000) hours of board-approved apprenticeship training, and (b) has a high school education or its equivalent or has been successfully enrolled in a community college.  Apprenticeships shall only be monitored and mentored by those with an instructor license, and there shall be * * *only one (1) not more than two (2) apprentices per mentor.

     (2)  The board may, in its discretion, issue to any student who has completed the prescribed hours in a licensed school or approved apprenticeship training and paid the required fee a temporary permit to practice barbering until the next examination is given but not exceeding six (6) months.  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.

     (3)  Applicants for the barbering license, after having satisfactorily passed the prescribed examination, shall be issued a barbering license which shall be valid for two (2) years, and the license shall be subject to renewal.  No license issued by the board may be renewed until all monetary fines and penalties assessed by the board to the licensee are paid in full.

     (4)  Any cosmetologist who has successfully completed no less than fifteen hundred (1500) hours in a licensed cosmetology school and who holds a current valid certificate of licensure to practice cosmetology is eligible to take the barbering examination to secure a barber license upon successfully completing six hundred (600) hours in a licensed school of barbering.  All fees for application, examination, licensure, and renewal thereof shall be the same as provided for barbers.

     (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.

     SECTION 12.  Section 73-7-15, Mississippi Code of 1972, is brought forward as follows:

     73-7-15.  (1)  The board shall admit to examination for a cosmetology instructor's license any person who has made application to the board in proper form, has paid the required fee, and who:

          (a)  Is a graduate of a licensed cosmetology school;

          (b)  Has a high school education or its equivalent;

          (c)  Has successfully completed one thousand (1,000) hours of instructor training in a licensed school of cosmetology;

          (d)  Has successfully completed six (6) semester hours in college courses approved by the board; and

          (e)  Holds a current, valid Mississippi cosmetology license.

     (2)  The board shall admit to examination for a barbering instructor's license any person who has made application to the board in proper form, has paid the required fee, and who:

          (a)  Is a graduate of a licensed barbering school;

          (b)  Has a high school education or its equivalent;

          (c)  Has (i) not less than two (2) years of active experience as a licensed barber and has successfully completed not less than six hundred (600) hours of instructor training in a licensed school of barbering or (ii) less than two (2) years of active experience as a licensed barber and has successfully completed one thousand (1,000) hours of instructor training in a licensed school of barbering;

          (d)  Has successfully completed six (6) semester hours in college courses approved by the board; and

          (e)  Holds a current, valid Mississippi barbering license.

     (3)  The board shall admit to examination for an esthetics instructor's license any person who has made application to the board in proper form, has paid the required fee, and who:

          (a)  Has a high school education or its equivalent;

          (b)  Has successfully completed one thousand (1,000) hours of instructor training in a licensed school or apprenticeship program in which the practice of esthetics is taught;

          (c)  Has successfully completed six (6) semester hours in college courses approved by the board; and

          (d)  Holds a current, valid Mississippi esthetician's license.

     (4)  The board shall admit to examination for a nail technician instructor's license any person who has made application to the board in proper form, has paid the required fee, and who:

          (a)  Has a high school education or its equivalent;

          (b)  Has successfully completed one thousand (1,000) hours of instructor training in a licensed school or apprenticeship program in which the practice of nail technology is taught;

          (c)  Has successfully completed six (6) semester hours in college courses approved by the board; and

          (d)  Holds a current, valid Mississippi nail technician's license.

     (5)  Applicants shall satisfactorily pass the examination prescribed by the board for licensing instructors prior to the issuance of the licenses provided for in this section.  However, the board may, in its discretion, issue a temporary instructor's permit until such time as the next examination may be held, the period of which shall not exceed ninety (90) days.  Such applicant shall be issued only one (1) temporary permit.  All applications for an instructor's examination shall be accompanied by two (2) recent passport-style photographs of the applicant.

     (6)  Renewal Requirements:

          (a)  All cosmetology, barbering, nail technology, and/or esthetics instructors licensed pursuant to this section shall biennially obtain twenty-four (24) clock hours of continuing education in teacher training instruction in cosmetology, barbering, esthetics or nail technology, as the case may be, as approved by the board.  Any instructor who fails to obtain the continuing education required by this subsection shall neither be allowed to instruct nor to enroll students under his or her license until such continuing education requirement has been met.  The board may issue an inactive instructor license to such instructors, and an inactive license may be converted into an active license only after proof satisfactory to the board of completion of at least twenty-four (24) clock hours of approved continuing education required for teacher training instruction is submitted.

          (b)  All persons who have received a license as a barbering 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.

          (c)  No license issued by the board may be renewed until all monetary fines and penalties assessed by the board to the licensee are paid in full.

     (7)  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 13.  Section 73-7-18, Mississippi Code of 1972, is amended as follows:

     73-7-18.  (1)  The board shall admit to examination for an esthetician's license any person who is at least sixteen (16) years old and who has made application to the board in proper form, who has paid the required fee, and who:

          (a)  Has a high school education or its equivalent or has been successfully enrolled in a community college; and

          (b)  Has successfully completed a course of training in esthetics of not less than six hundred (600) hours, comprised of not less than one hundred (100) hours of theory and five hundred (500) hours of skill practice, in a licensed school in which the practice of esthetics is taught or of no less than twelve hundred (1200) hours in an apprenticeship program certified by the board.

     Apprenticeships provided for in this section shall be monitored or mentored by a person with an instructor * * * license licensed in cosmetology or esthetics.  * * *Only one (1) Not more than two (2) apprentices may be mentored by any person at the same time.

     (2)  The board may, in its discretion, issue to any student who has completed the prescribed hours in a licensed school or approved apprenticeship program and paid the required fee a temporary permit until such time as the next examination may be held but not exceeding six (6) months.  Such student shall be issued only one (1) temporary permit.  Application for an examination and license shall be accompanied by two (2) recent passport-style photographs of the applicant.  No temporary permit will be issued to an applicant from any other state to operate a beauty salon, barber shop or school of any profession regulated by the board in this state unless in case of emergency.

     (3)  Licensed estheticians 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 an esthetician, which may be applied to the number of hours required for a cosmetology license examination.

     (4)  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 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.

     (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.

     SECTION 14.  Section 73-7-21, Mississippi Code of 1972, is amended as follows:

     73-7-21.  (1)  The board shall admit to examination for a nail technician's license any person who is at least sixteen (16) years old and who has made application to the board in proper form, who has paid the required fee, and who:

          (a)  Has a high school education or its equivalent or has been successfully enrolled in a community college; and

          (b)  Has successfully completed no less than three hundred fifty (350) hours of practice and related theory in nail technology over a period of no less than nine (9) weeks in a licensed school in which the practice of nail technology is taught in this or any other state or no less than seven hundred (700) hours in an apprenticeship program certified by the board.  Apprenticeships provided for in this section shall be monitored or mentored by a person with an instructor license in cosmetology or nail technology.  * * *Only one (1) Not more than two (2) apprentices may be mentored by any person at the same time.

     (2)  The board may, in its discretion, issue to any student who has completed the prescribed hours in a licensed school or approved apprenticeship program and paid the required fee for a temporary permit until such time as the next examination may be held but not exceeding six (6) months.  Such student shall be issued only one (1) temporary permit.  Application for an examination and license shall be accompanied by two (2) recent passport-style photographs of the applicant.  No temporary permit will be issued to an applicant from any other state to operate a beauty salon, barber shop or school of any profession regulated by the board in this state unless in case of emergency.

     (3)  Licensed nail technicians 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 nail technician which may be applied to the number of hours required for a cosmetology license examination.

     (4)  The board shall adopt regulations governing the use of electric nail files for the purpose of filing false or natural nails.

     (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)  No license issued by the board may be renewed until all monetary fines and penalties assessed by the board to the licensee are paid in full.

     SECTION 15.  This act shall take effect and be in force from and after July 1, 2026.