MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Public Health and Welfare

By: Representative Moody

AN ACT RELATING TO THE PRACTICE OF COSMETOLOGY; TO AMEND SECTION 73-7-3, MISSISSIPPI CODE OF 1972, TO DELETE THE SPECIFIC AUTHORITY OF THE STATE BOARD OF COSMETOLOGY TO EMPLOY AND FIX THE SALARY OF AN EXECUTIVE SECRETARY; TO AMEND SECTION 73-7-7, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE BOARD TO ADOPT REGULATIONS TO ENSURE THAT ALL FINGERNAIL SERVICE PRODUCTS DO NOT CONTAIN METHYL METHACRYLATE (MMA); TO AMEND SECTION 73-7-13, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE BOARD TO ISSUE INACTIVE COSMETOLOGY, ESTHETICIAN, MANICURIST AND WIGOLOGIST LICENSES AND TO PRESCRIBE REQUIREMENTS FOR APPLYING FOR ACTIVE LICENSE STATUS; TO AMEND SECTION 73-7-15, MISSISSIPPI CODE OF 1972, TO CLARIFY THE COLLEGE COURSE REQUIREMENTS OF COSMETOLOGY INSTRUCTORS; TO AMEND SECTION 73-7-21, MISSISSIPPI CODE OF 1972, TO REQUIRE 350 HOURS OF PRACTICE AND TRAINING FOR A MANICURIST'S LICENSE AND TO DELETE THE REPEALER ON THE AUTHORITY OF THE STATE BOARD OF COSMETOLOGY TO ISSUE REGULATIONS GOVERNING THE USE OF POWER DRILLS IN MANICURING PROCEDURES; TO AMEND SECTIONS 73-7-19 AND 73-7-29, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR BIENNIAL COSMETOLOGY LICENSE RENEWAL AND FEES AFTER JUNE 30, 2001; TO PROVIDE A FEE FOR RENEWAL OF AN INACTIVE LICENSE; TO AUTHORIZE THE BOARD TO MAKE CERTAIN REFUNDS OF FEES; TO AMEND SECTION 73-7-53, MISSISSIPPI CODE OF 1972, TO REQUIRE APPLICANTS FOR A WIG SPECIALIST LICENSE TO HAVE A HIGH SCHOOL EDUCATION OR ITS EQUIVALENT; TO AMEND SECTION 73-7-59, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 73-7-3, Mississippi Code of 1972, is amended as follows:

73-7-3. * * * The board shall * * * be authorized to employ such clerical and stenographic assistance, bookkeepers, investigators and other agents as they may deem necessary to carry out the provisions of this chapter, and to fix their tenure of employment and compensation therefor. The members of the board shall file a bond with the Secretary of State in the sum of not less than Five Thousand Dollars ($5,000.00) payable to the State of Mississippi for the faithful performance of their duties. The bond shall be made by a surety company authorized to do business in this state, the premium of the bond to be paid out of any money in the board's special fund in the State Treasury.

The office of the board shall be located in the greater metropolitan area of the City of Jackson, Mississippi, and in the event office space cannot be obtained in any state-owned building, the board is authorized to rent suitable office space and to pay therefor out of funds in the board's special fund. The board shall employ inspectors as needed, not to exceed seven (7), who shall be full-time employees and whose salaries and duties shall be fixed by the board.

The salaries of all paid employees of the board shall be paid out of the funds in the board's special fund. The inspectors shall, in addition to their salaries, be reimbursed for such expenses as are allowed other state employees under the provisions of Section 25-3-41. In addition to the paying of office rent, the board is authorized to purchase necessary office furniture and equipment, stationery, books, certificates and any other equipment necessary for the proper administration of this chapter.

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

73-7-7. 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 Hairdressers and Cosmetologists 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, wig specialist, instructor, school of cosmetology, or salon, or may refuse to issue a license to any cosmetologist, esthetician, manicurist, wig specialist, 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.

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, and wigology. 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.

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.

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

73-7-13. (1) The board shall admit to examination for a cosmetology license any person who has made application to the board in proper form, has paid the required fee, and who (a) is at least seventeen (17) years of age, (b) can read, write and speak English, (c) has successfully completed no less than fifteen hundred (1500) hours over a period of no less than nine (9) months in an accredited school of cosmetology, and (d) has a high school education or its equivalent.

The board may, in its discretion, issue to any student who has completed the prescribed hours in an accredited school in Mississippi a temporary permit * * * until such time as the next examination may be held, but such student shall be issued only one (1) temporary permit. Application for an examination and license shall be accompanied by two (2) recent head photographs of the applicant. No temporary permit will be issued an applicant from any other state to operate a beauty salon or school of cosmetology in this state unless in case of emergency.

Applicants for the cosmetologist examination, after having satisfactorily passed the prescribed examination, shall be issued a cosmetology license which until June 30, 2001, shall be valid for one (1) year, and after July 1, 2001, shall be valid for two (2) years, and all those licenses shall be subject to renewal.

Any barber who can read, write and speak English and has successfully completed no less than fifteen hundred (1500) hours in an accredited barber school, and who holds a current valid certificate of registration to practice barbering and who holds a current valid license, is eligible to take the cosmetology examination to secure a cosmetology license upon successfully completing five hundred (500) hours in an accredited school of cosmetology. All fees for application, examination, registration and renewal thereof shall be the same as provided for cosmetologists.

(2) Each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section 93-11-64.

(3) Any licensed cosmetologist, esthetician, manicurist or wigologist who is registered but not actively practicing in the State of Mississippi at the time of making application for renewal, may apply for registration on the "inactive" list. Such "inactive" list shall be maintained by the board and shall set out the names and post office addresses of all persons registered but not actively practicing in this state, arranged alphabetically by name and also by the municipalities and states of their last known professional or residential address. Only the cosmetologists, estheticians, manicurists and wigologists registered on the appropriate list as actively practicing in the State of Mississippi shall be authorized to practice those professions. For the purpose of this section, any licensed cosmetologist, esthetician, manicurist or wigologist who has actively practiced his or her profession for at least three (3) months of the immediately preceding license renewal period shall be considered in active practice. No cosmetologist, esthetician, manicurist or wigologist shall be registered on the "inactive" list until the person has furnished a statement of intent to take such action to the board. Any licensed cosmetologist, esthetician, manicurist or wigologist registered on the "inactive" list shall not be eligible for registration on the active list until either of the following conditions have been satisfied:

(a) Written application shall be submitted to the State Board of Cosmetology stating the reasons for such inactivity and setting forth such other information as the board may require on an individual basis and completion of the number of clock hours of continuing education as approved by the board; or

(b) Evidence to the satisfaction of the board shall be submitted that they have actively practiced their profession in good standing in another state and have not been guilty of conduct that would warrant suspension or revocation as provided by applicable law; and

(c) Payment of the fee for processing such inactive license.

SECTION 4. Section 73-7-15, Mississippi Code of 1972, is amended 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 not less than twenty-one (21) years of age;

(b) Can read, write and speak English;

(c) Is a graduate of an accredited cosmetology school;

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

(e) Has successfully completed seven hundred fifty (750) hours of instructor training in an accredited school of cosmetology;

(f) Has successfully completed twelve (12) semester hours in college courses approved by the board;

(g) Holds a current, valid Mississippi cosmetology license; and

(h) Has at least two (2) years' active practical experience as a licensed cosmetologist or, as an alternative to such experience, has successfully completed two thousand (2,000) hours of instructor training in an accredited school of cosmetology.

(2) 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) Is not less than twenty-one (21) years of age;

(b) Can read, write and speak English;

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

(d) Has successfully completed six hundred (600) hours of instructor training in an accredited school in which the practice of esthetics is taught;

(e) Has successfully completed twelve (12) semester hours in college courses approved by the board;

(f) Holds a current, valid Mississippi esthetician's license; and

(g) Has had two (2) years of active practical experience as an esthetician or, as an alternative to such experience, has successfully completed one thousand (1,000) hours of instructor training in an accredited school in which the practice of esthetics is taught.

(3) The board shall admit to examination for a manicurist instructor'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 twenty-one (21) years of age;

(b) Can read, write and speak English;

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

(d) Has successfully completed six hundred (600) hours of instructor training in an accredited school in which the practice of manicuring is taught;

(e) Has successfully completed twelve (12) semester hours in college courses approved by the board;

(f) Holds a current, valid Mississippi manicurist's license; and

(g) Has had two (2) years of active practical experience as a manicurist or, as an alternative to such experience, has successfully completed one thousand (1,000) hours of instructor training in an accredited school in which the practice of manicuring is taught.

(4) 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, but such applicant shall be issued only one (1) temporary permit. All applications for an instructor's examination shall be accompanied by two (2) recent head photographs of the applicant.

(5) All instructors licensed pursuant to this section shall biennially obtain twenty-four (24) clock hours of continuing education in teacher training instruction in cosmetology or esthetics or manicuring, as the case may be, as approved by the board. Any instructor who fails to obtain the continuing education required by this subsection shall not be allowed to instruct nor enroll students under his or her license until such education requirement has been met. The board may issue an inactive instructor's license to such instructors, and an inactive license may be converted into an active license 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.

(6) 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 5. Section 73-7-19, Mississippi Code of 1972, is amended as follows:

73-7-19. Until June 30, 2001, all licenses issued under the provisions of this chapter shall expire one (1) year from date of issue; however, the board may authorize any licensee to renew his or her license for a two-year period until June 30, 2001, after which all licenses shall be renewed biennially under the fee schedule in Section 73-7-29. Applications for renewal of licenses for cosmetologists, estheticians, manicurists, wig specialists and instructors must be accompanied by the required renewal fee. A grace period of sixty (60) days will be given in which to renew the license; and upon the expiration of the grace period of sixty (60) days, any applicant for the renewal of a license will be required to pay the required renewal fee and a delinquent fee in addition to the renewal fee. The fees may be paid by either personal or certified check, cash or money order, under such safeguards, rules and regulations as the board may prescribe. Checks returned to the board because of insufficient funds shall result in nonrenewal of the license, which will require the penalty fee for insufficient fund checks plus all other amounts due for renewal of the license before the license may be renewed. After one (1) year has passed from the expiration date of the license, a delinquent fee must be paid for each year up to three (3) years, after which the required examination must be taken. All applications for examination required by this chapter shall expire ninety (90) days from the date thereof.

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

73-7-21. The board 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 seventeen (17) years of age;

(b) Can read, write and speak English;

(c) 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; and

(d) Has a high school education or its equivalent.

Licensed manicurists desiring to pursue additional hours to be eligible for a license as a cosmetologist may be credited with the three hundred fifty (350) 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.

The board shall adopt regulations governing the use of power drills for the purpose of filing false or natural fingernails. * * *

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 7. Section 73-7-29, Mississippi Code of 1972, is amended as follows:

73-7-29. The board shall assess fees in the following amounts and for the following purposes:

(a) Application for examination and reexamination -

cosmetologist, manicurist, esthetician, or wig specialist $35.00

(b) Application for in-state instructor

examination and reexamination 50.00

(c) Application for out-of-state instructor

examination, processing 55.00

(d) Until June 30, 2001, cosmetologist,

manicurist, esthetician, or wig specialist license,

original and renewal 25.00

From and after July 1, 2001, biennial original

license and renewal 50.00

(e) Until June 30, 2001, master cosmetologist

license 35.00

From and after July 1, 2001, biennial original license

and renewal 70.00

(f) Cosmetologist, manicurist, esthetician, or

wig specialist by reciprocity, processing 55.00

(g) Until July 1, 2001, instructor license,

original and renewal 40.00

After July 1, 2001, biennial original license

and renewal 80.00

(h) Delinquent renewal penalty - cosmetologist, manicurist, esthetician, wig specialist and instructor:

60 days to 1 year 25.00

plus license fee

Over 1 year to 3 years, per year 50.00

plus license fee

(i) Salon application 50.00

(j) Salon reinspection 35.00

(k) Salon change of ownership or location

or both 50.00

(l) Until June 30, 2001, salon license renewal 30.00

From and after July 1, 2001, biennial salon license

renewal 60.00

(m) Salon delinquent renewal penalty -

60 days to 1 year 25.00

plus license fee

Over 1 year 45.00

plus license fee

(n) Application for a new school 300.00

(o) New school reinspection 100.00

(p) School change of ownership 300.00

(q) School relocation 300.00

(r) Until June 30, 2001, school license renewal 75.00

From and after July 1, 2001, biennial school license

renewal 150.00

(s) School delinquent renewal penalty -

60 days to 1 year 100.00

plus license fee

(t) Duplicate license or lost renewal form 10.00

(u) Penalty for insufficient fund checks 20.00

(v) Affidavit processing 15.00

(w) Inactive license fee 15.00

(x) Renewal of inactive license 15.00

The board 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 may authorize any licensee to renew his or her license for a two-year period until June 30, 2001, after which all licenses shall be renewed biennially pursuant to the above fee schedule.

The board is fully authorized to make refunds of any deposits received by the board for services which are not rendered, and may refund any underpayments or overpayments of fees to licensees or applicants.

SECTION 8. Section 73-7-53, Mississippi Code of 1972, is amended as follows:

73-7-53. Any applicant who is at least seventeen (17) years of age, can read, write and speak English, has a high school education or its equivalent, and has successfully completed no less than three hundred (300) hours of practice and instruction and related theory in the care and treatment of wigs over a period of no less than eight (8) weeks in an accredited school of cosmetology * * * is eligible to take the examination to secure a wig specialist license.

Application for an examination and license shall be accompanied by two (2) recent head photographs. The board shall hold examinations for wig specialists at least twice a year if applications have been received and approved and at such other times as the board may determine.

Applicants for wig specialist license, after having satisfactorily passed the prescribed examination, shall be issued a wig specialist license which shall be valid for one (1) year, and from and after July 1, 2001, shall be valid for two (2) years. All those licenses shall be subject to renewal.

All fees for application, examination and registration for a wig specialist license and the renewal thereof shall be the same as herein provided for cosmetologists.

A person holding a wig specialist license may perform for compensation services limited to a wig or hairpiece.

SECTION 9. Section 73-7-59, Mississippi Code of 1972, is amended as follows:

73-7-59. Nothing in Sections 73-7-51 through 73-7-61 as amended by this House Bill No. 781, 2000 Regular Session, shall be construed to cause any person who, as of May 8, 1972, holds a valid cosmetology license to make any application or take any additional training in order to continue his or her practice as it then exists. Nothing in those sections shall be construed to force any person who desires to obtain a valid cosmetology license to take any training in addition to the fifteen hundred (1500) hours now required.

SECTION 10. This act shall take effect and be in force from and after July 1, 2000.