MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Public Health and Welfare
By: Senator(s) Hyde-Smith
AN ACT TO CODIFY SECTION 73-5-2, MISSISSIPPI CODE OF 1972, TO CREATE A NEW STATE BOARD OF COSMETOLOGY AND BARBERING, TO DEFINE ITS MEMBERSHIP, TERMS OF OFFICE AND ORGANIZATION, AND TO REQUIRE THE NEW BOARD TO RECOMMEND TO THE LEGISLATURE A UNIFORM LICENSING PROGRAM FOR COSMETOLOGISTS AND BARBERS; TO AMEND SECTIONS 73-5-3, 73-5-7, 73-5-35, 73-5-41, 73-7-2, 73-7-7, 73-7-11, 73-7-12, 73-7-13, 73-7-14, 73-7-15, 73-7-16, 73-7-23, 73-7-27, 73-7-29, 73-7-31, 73-7-33, 73-7-37 AND 73-7-57, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO, TO DELETE SPECIFIC REQUIREMENTS FOR TEMPORARY PERMITS, INACTIVE LICENSURE, ESTHETICS INSTRUCTOR'S LICENSE AND MANICURIST INSTRUCTOR'S LICENSE, TO PRESCRIBE FEES, TO PRESCRIBE CONTINUED REQUIREMENTS FOR LICENSEES, AND TO PRESCRIBE FINES AND SANCTIONS FOR DISCIPLINARY PROCEEDINGS; TO AMEND SECTION 73-7-63, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR AN AUTOMATIC REPEALER ON THIS ACT; TO REPEAL SECTIONS 73-5-1, 73-5-45, 73-7-1, 73-7-3 AND 73-7-5, MISSISSIPPI CODE OF 1972, WHICH CREATE THE STATE BOARD OF BARBER EXAMINERS AND THE STATE BOARD OF COSMETOLOGY, SECTION 73-5-8, MISSISSIPPI CODE OF 1972, WHICH PROVIDES SPECIFIC QUALIFICATIONS FOR AN INSTRUCTOR CERTIFICATE OF REGISTRATION AS A BARBER, SECTION 73-5-11, MISSISSIPPI CODE OF 1972, WHICH PROVIDES SPECIFIC QUALIFICATIONS FOR A CERTIFICATE OF REGISTRATION AS A BARBER, SECTION 73-5-15, MISSISSIPPI CODE OF 1972, WHICH PRESCRIBES THE APPLICATION FOR EXAMINATIONS AS A BARBER, SECTION 73-5-17, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR BARBER TESTING SERVICES, SECTION 73-5-19, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE ISSUANCE OF BARBER REGISTRATION CERTIFICATES, SECTIONS 73-5-25 AND 73-5-27, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES DISCIPLINARY ACTION AGAINST BARBER CERTIFICATE HOLDERS, SECTION 73-5-33, MISSISSIPPI CODE OF 1972, WHICH PROVIDES BARBERSHOP OWNER REQUIREMENTS, SECTION 73-7-9, MISSISSIPPI CODE OF 1972, WHICH REQUIRES CERTIFICATES OF REGISTRATION FOR BEAUTY SALONS, SECTION 73-7-18, MISSISSIPPI CODE OF 1972, WHICH PROVIDES QUALIFICATIONS FOR AN ESTHETICIAN'S LICENSE, SECTION 73-7-21, MISSISSIPPI CODE OF 1972, WHICH PROVIDES QUALIFICATIONS FOR A MANICURIST LICENSE, SECTION 73-7-25, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR A DEMONSTRATION PERMIT, AND SECTION 73-7-53, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR A WIG SPECIALIST LICENSE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 73-5-2, Mississippi Code of 1972:
73-5-2. (1) There is hereby created and empowered the State Board of Cosmetology and Barbering to be composed of six (6) licensed cosmetologists/barbers to be appointed by the Governor, and a person from a health-related profession who is not a licensed cosmetologist, or barber, with the advice and consent of the Senate. No more than two (2) members shall be appointed from the same congressional district. All appointments shall be for terms of four (4) years.
All members shall continue to serve until their successors are duly qualified. In any case, where a vacancy occurs due to resignation, removal, or death, the Governor shall appoint a member to complete the unexpired balance of the vacating member's term. Any member who misses two (2) consecutive meetings of the board shall be deemed to have vacated his/her position and a vacancy shall occur to which the Governor shall make an appointment.
(2) To be eligible for appointment, a cosmetologist or barber member must have been licensed in the state for five (5) years, and have at least ten (10) years' active experience in cosmetology/barbering immediately preceding appointment. No more than two (2) members shall be graduates of the same cosmetology/barbering school, and no member shall have any financial interest in, or be an instructor in, a school of cosmetology or barbering.
(3) The board shall select a chair, who shall serve for one (1) year. The chair shall rotate between members on an annual basis. The board shall meet quarterly, and at such other times as determined necessary by the chair.
(4) Whenever the terms "State Board of Cosmetology" or "State Board of Barber Examiners" shall appear in law, these terms shall mean the State Board of Cosmetology and Barbering. The State Board of Cosmetology and Barbering shall be the State Board of Cosmetology and the State Board of Barber Examiners, and shall have all powers and duties conferred upon these boards in law.
SECTION 2. Section 73-5-3, Mississippi Code of 1972, is amended as follows:
73-5-3. The State Board of Cosmetology and Barbering shall elect a president and secretary and shall adopt and use a common seal for the authentication of its records and orders. The secretary shall keep a record of all proceedings and acts of the board * * *.
The members of the board shall execute and file with the Secretary of State a bond in the sum of Ten Thousand Dollars ($10,000.00) conditioned according to law, the bond to be made in a surety company authorized to do business in this state and approved by the Governor. The premium for the bond shall be paid out of the funds in the board's special fund in the State Treasury.
A majority of the board shall constitute a quorum, and it is authorized to perform the requirements of this chapter at any regular or special meeting called for that purpose.
Each member of the board shall receive per diem in accordance with Section 25-3-69 when actually attending to the work of the board or any of its committees, and shall be reimbursed for traveling expenses in accordance with Section 25-3-41 in carrying out the provisions of this chapter.
The State Board of Cosmetology and Barbering shall employ an executive director with compensation to be established by the State Personnel Board, and the executive director shall devote his or her full time to oversee all day-to-day operations of the board. * * * The executive director may employ the necessary personnel to carry out the provisions of this chapter, and maintain and pay the expenses of an office to be located in the greater metropolitan area. All per diem, salaries and expenses shall be paid exclusively from the funds in the board's special fund, and salaries and expenses of personnel may be disbursed bimonthly.
The board shall require such of its employees as it may consider necessary to make bond and file same with the Secretary of State in such sums as it may consider necessary to protect the interests of the cosmetologist/barbers, hair designers, estheticians, manicurist and wig specialist of the State of Mississippi and require the faithful performance of their duties.
SECTION 3. Section 73-5-7, Mississippi Code of 1972, is amended as follows:
73-5-7. (1) The State Board of Cosmetology and Barbering shall have authority to make reasonable rules and regulations for the administration of the provisions of this chapter. Provided, however, that 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. The State Board of Cosmetology and Barbering shall adopt regulations for the guidance of cosmetologist/barbers, hair designers, estheticians, manicurist and wig specialist in the operation of * * * schools of cosmetology/barbering, salons/shops and in the practice of cosmetology/barbering except, however, it shall be optional with the individual licensee as to whether he or she uses a mug. Any member or designee of the State Board of Cosmetology and Barbering shall have the authority to enter upon and inspect any salon/shop, school of cosmetology/barbering at anytime during business hours. A copy of the rules and regulations of the State Board of Cosmetology and Barbering shall be made available to the owner or manager of each salon/shop and schools of cosmetology/barbering affected by this chapter, and such copy shall be posted in a * * * place clearly visible to the public in such salon/shop, school of cosmetology/barbering.
(2) The State Board of Cosmetology and Barbering shall have authority to establish rules and regulations governing schools of cosmetology/barbering in the state except those schools operated by a state institution of higher learning or by a public community or junior college. The board shall have further authority to establish curriculum for such regulated schools of cosmetology/barbering in the state.
Each regulated school of cosmetology/barbering shall submit the following to the board before enrolling students:
(a) The address of proposed school, and the type and size of building in which the school is to be located;
(b) The names and addresses of owners and officers of such school, and the names, addresses and instructor license number of managers, supervisors and instructors of such school;
(c) A list of equipment and teaching aids; and
(d) A copy of the contract to be used between the school and the student.
All regulated schools of cosmetology/barbering in the State of Mississippi shall be required to maintain a surety bond in the amount of Twenty-five Thousand Dollars ($25,000.00) to ensure that in the event a school ceases operation, that all unused tuition fees will be refunded to the students concerned. This bond shall remain in effect for the duration of the school's operation.
(3) The State Board of Cosmetology and Barbering shall adopt rules and regulations establishing a procedure for the processing and investigation of complaints filed with the board. The board shall keep records of all complaints, and such records shall indicate the action taken on the complaints.
(4) The State Board of Cosmetology and Barbering shall keep a record of its proceedings relating to the issuance, refusal, suspension and revocation of certificates of registration. The record shall also contain the name, place of business and the residence of each licensed cosmetologist/barber, esthetician, manicurist or wig specialist and the date and number of his/her certificate of registration. The record shall be open to public inspection at all * * * times.
SECTION 4. Section 73-5-35, Mississippi Code of 1972, is amended as follows:
73-5-35. All cosmetology/barber schools operated in this state shall pay a biennial license fee of Two Hundred Dollars ($200.00) * * *. A fee of * * * One Hundred Dollars ($100.00) shall be required to restore a school license that has expired * * *, in addition to renewal fee.
The license to operate those schools shall be issued by the State Board of Cosmetology and Barbering after approval from the board. This license shall not be transferable for any cause and must be renewed biennially.
All cosmetology/barber schools operated in this state shall be under the direct supervision of a licensed cosmetologist/barber instructor at all times.
SECTION 5. Section 73-5-41, Mississippi Code of 1972, is amended as follows:
73-5-41. The following persons are exempt from the provisions of this chapter, wholly in the proper discharge of their professional duties, to wit:
(a) Persons authorized by the law of Mississippi to practice medicine and surgery.
(b) Commissioned medical or surgical officers of the United States Army, Navy or Marine hospital service.
(c) Registered nurses.
* * *
The provision of this section shall not be construed to authorize any of the persons exempted to shave, trim the beard, or cut the hair of any person, or perform any other act that constitutes the services of a cosmetologist/barber, for cosmetic purposes * * *.
SECTION 6. 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 and Barbering established in Section 73-5-2.
(b) "Cosmetology/barber" means any one (1) or a combination of the following practices if they are performed on a person's head, face, neck, * * * arms below elbow, hands, legs below knee or feet for cosmetic purposes:
(i) Cutting, clipping, trimming hair, or shaving of facial hair.
(ii) Styling, arranging, dressing, curling, waving, permanent waving, straightening, cleansing, bleaching, tinting or coloring * * * hair.
(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 or tinting eyebrows and eyelashes.
(v) Removing superfluous hair by the use of depilatories.
(vi) Manicuring and pedicuring.
(c) "Cosmetologist/barber" means a person who for compensation, whether direct or indirect, engages in the practice of cosmetology/barbering.
(d) "Hair design" means any one (1) or a combination of the following practices:
(i) Cutting, clipping or trimming hair.
(ii) Styling, arranging, dressing, curling, waving, permanent waving, straightening, cleansing, bleaching, tinting or coloring hair.
(e) "Hair designer" means any person who, for compensation, either direct or indirect, engages in the practice of hair design.
(f) "Esthetics" means any one (1) or a combination of the following practices:
(i) Massaging the face or neck of a person.
(ii) Trimming or removing eyebrows with the aid of the hands or any mechanical or electrical apparatus, or by the use of cosmetic preparation.
(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.
(g) "Esthetician" means any person who, for compensation, either direct or indirect, engages in the practice of esthetics.
(h) "Instructor" means a person licensed to teach cosmetology/barbering, hair design, or manicuring and pedicuring, or esthetics, or wigology, or all of those, pursuant to this chapter, and shall include those persons engaged in the instruction of student instructors.
(i) "Manicuring and pedicuring" means any one (1) or a combination of the following practices:
(i) Cutting, trimming, polishing, coloring, tinting or cleansing * * *.
(ii) Applying artificial nails.
(iii) Massaging or cleaning a person's hands, arms below elbow, legs below the knee, or feet.
(j) "Manicurist" means a person who for compensation, either direct or indirect, engages in the practice of manicuring and pedicuring.
(k) "Master cosmetologist" means a person holding a cosmetology license who has completed the minimum course of continuing education prescribed by Section 73-7-14.
(l) "Salon/Shop" means an establishment operated for the purpose of engaging in the practice of cosmetology/barbering, hair designing, * * * manicuring and pedicuring, or esthetics, or wigology, or all of those.
(m) "School" means an establishment, public or private, operated for the purpose of teaching cosmetology/barbering, hair designing, * * * manicuring and pedicuring, or esthetics, or wigology, or all of those.
(n) "Wigology" means a service to a wig or hairpiece in any one (1) or combination of the following:
(i) Arranging, dressing, waving or curling.
(ii) Cleaning.
(iii) Bleaching or coloring.
(iv) Cutting and shaping.
(o) "Wig specialist" means a person who, for compensation, either direct or indirect, engages in the practice of wigology.
SECTION 7. Section 73-7-7, Mississippi Code of 1972, is amended as follows:
73-7-7. The State Board of Cosmetology and Barbering shall have authority to make reasonable rules and regulations for the administration of the provisions of this chapter. The board and the executive director shall set up a curriculum for operation of schools of cosmetology/barbering, hair designer, and the other professions it is charged to regulate in this state. * * * The State Board of Cosmetology and Barbering may revoke the license of any cosmetologist/barber, hair designer, esthetician, manicurist, wig specialist, instructor, school of cosmetology/barbering, * * * salon/shop, or may refuse to issue a license to any cosmetologist/barber, hair designer, esthetician, manicurist, wig specialist, instructor, school of cosmetology/barbering, * * * salon/shop 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 State Board of Cosmetology and Barbering, with the executive director, shall have authority to prescribe reasonable rules and regulations governing sanitation of schools of cosmetology/barbering and * * * salons/shops for the guidance of persons licensed under this chapter in the operation of schools of cosmetology/barbering, or * * * salons/shops, and in the practice of cosmetology/barbering, hair designing, esthetics, manicuring * * *, 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/barbering or salon/shop at any time during the regular business hours of that school or salon/shop to conduct the investigation. Such investigation may include, but not be limited to, conducting oral interviews with the complaining party, school or salon/shop owner(s) and/or students of the school, and reviewing records of the school or salon/shop 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 State Board of Cosmetology and Barbering shall adopt regulations to ensure that all fingernail service products used by licensed cosmetologists/barbers, hair designers, 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 8. Section 73-7-11, Mississippi Code of 1972, is amended as follows:
73-7-11. Each owner of a certificate of registration (salon/shop/school license) issued by the * * * board, pursuant to the provisions of this chapter, shall display said certificate of registration in a * * * place clearly visible to the public. A cosmetologist/barber, hair designer, esthetician, manicurist or wig specialist license will be displayed at his or her work station.
SECTION 9. Section 73-7-12, Mississippi Code of 1972, is amended as follows:
73-7-12. The State Board of Cosmetology and Barbering shall contract with a recognized testing service to conduct examinations for cosmetologists/barbers, hair designers, estheticians, manicurists, wig specialists and instructors * * * at such * * * times and locations as determined by the contracted testing service. No member of the board shall be authorized to personally administer the examinations.
SECTION 10. Section 73-7-13, Mississippi Code of 1972, is amended as follows:
73-7-13. (1) The State Board of Cosmetology and Barbering shall admit to examination for a cosmetology/barber license, hair designer license, esthetics license, manicure license or wig specialist license any person who has made application to the board in proper form, and has paid the required fee, and who:
(a) Is at least seventeen (17) years of age,
(b) Can read, write and speak English; any applicant to which English is a second language must, at the applicant's expense, successfully complete an English competency test approved by the board and have results forwarded to the board from the testing authority,
(c) Has a high school education or its equivalent,
(d) Has successfully completed one or more of the following:
(i) Seventeen hundred (1700) hours of cosmetology/barber instruction over a period of not less than eleven (11) months in an approved school of cosmetology/barbering;
(ii) Twelve hundred (1200) hours of hair designing instruction over a period of not less than eight (8) months in an approved school of cosmetology/barbering;
(iii) Six hundred (600) hours of esthetic instruction over a period of not less than five (5) months in an approved school in which esthetics is taught;
(iv) Six hundred (600) hours of manicuring instruction over a period of not less than five (5) months in an approved school in which manicuring is taught;
(v) Three hundred (300) hours of wig specialist instruction over a period not less than eight (8) weeks in an approved school of cosmetology.
* * * Application for * * * examination and license shall be accompanied by two (2) recent passport photographs of the applicant. * * *
Applicants for the cosmetologist/barber, hair designer, esthetics, manicure or wig specialist examination, after having satisfactorily passed the prescribed examination, shall be issued their perspective license which * * * shall be valid for two (2) years, and all those licenses shall be subject to renewal.
Any esthetician or manicurist licensed in the State of Mississippi shall be credited with three hundred (300) hours toward a cosmetology/barber license. No credit will be given for a hair designer license.
* * *
(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.
* * *
SECTION 11. Section 73-7-14, Mississippi Code of 1972, is amended as follows:
73-7-14. Any person who holds a current, valid cosmetology/barber license may be licensed as a master cosmetologist/barber if he or she has been a licensed cosmetologist/barber in this state for a period of not less than twelve (12) months, and has completed a minimum course of sixteen (16) hours * * * of continuing education approved by the board within the licensing period preceding initial application for the license, and has paid the original license fee. Master cosmetologist/barber licenses shall be renewable upon completion of a minimum course of sixteen (16) hours * * * of continuing education approved by the board within the licensing period and paid the * * * renewal fee. This is an optional license, and persons who do not wish to complete the continuing education requirement may obtain a cosmetology/barber license when renewing their license.
* * *
SECTION 12. Section 73-7-15, Mississippi Code of 1972, is amended as follows:
73-7-15. (1) The State Board of Cosmetology and Barbering shall admit to examination for a cosmetology/barber, esthetics or manicure 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 a licensed school of cosmetology/barbering, esthetics or manicuring;
(d) Has a high school education or its equivalent;
(e) Has successfully completed one thousand (1,000) hours of instructor training in a licensed school of cosmetology/barbering or school where esthetics or manicuring is taught;
(f) Has successfully completed twelve (12) semester hours in college courses approved by the board;
(g) Holds a current, valid Mississippi cosmetology/barber, esthetic or manicure license; and
(h) Has at least two (2) years' active practical experience as a licensed cosmetologist/barber, esthetician or manicurist * * *.
* * *
(2) Applicants shall satisfactorily pass the examinations prescribed by the State Board of Cosmetology and Barbering 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 passport photographs of the applicant.
(3) All instructors licensed pursuant to this section shall annually obtain twelve (12) clock hours of continuing education in teacher training instruction in cosmetology/barbering, hair designing, 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 State Board of Cosmetology and Barbering 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.
(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 13. Section 73-7-16, Mississippi Code of 1972, is amended as follows:
73-7-16. All schools of cosmetology/barbering * * * shall have a school license and shall pay to the State Board of Cosmetology and Barbering the required license fee biennially. * * * A delinquent penalty will be paid in addition to the renewal fee if the renewal fee is submitted after expiration of the license. The State Board of Cosmetology and Barbering is hereby authorized and empowered to promulgate necessary and reasonable rules and regulations for the issuance and renewal of school licenses. * * * The board shall not refuse to issue or renew a school's license because of the number of schools already in that area of the state, and any rule promulgated by the board for that purpose shall be null and void.
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 14. Section 73-7-23, Mississippi Code of 1972, is amended as follows:
73-7-23. The State Board of Cosmetology and Barbering may, upon application and payment of all required fees, issue a license by reciprocity to any cosmetologist/barber, hair designer, esthetician, manicurist or wigologist who meets the following requirements:
(a) Be at least seventeen (17) years of age;
(b) Can read, write and speak English; an applicant to which English is a second language must successfully complete an English competency test, at the applicant's expense, approved by the board;
(c) Has a high school education or its equivalent;
(d) Provide certification of education at least equal to the State of Mississippi requirements;
(e) Must successfully complete the examination required for a license in the State of Mississippi.
An instructor from any other state must meet the above requirements in addition to the following:
(f) Has at least three (3) years of experience as a licensed instructor;
(g) Has completed twelve (12) semester hours in college courses approved by the board;
(h) Must be at least twenty-one (21) years of age.
Such application must be accompanied by two (2) recent passport photographs of the applicant. Applicants shall pay the required application fee * * *.
SECTION 15. Section 73-7-27, Mississippi Code of 1972, is amended as follows:
73-7-27. (1) Any complaint may be filed with the State Board of Cosmetology and Barbering by a member or agent of the board or by any person charging any licensee of the board with the commission of any of the offenses enumerated in subsection (2) of this section. Such complaint shall be in writing, signed by the accuser or accusers, and verified under oath, and such complaints shall be investigated as set forth in Section 73-7-7. If, after the investigation, the board through its administrative review agents determines that there is not substantial justification to believe that the accused licensee has committed any of the offenses enumerated, it may dismiss the complaint or may prepare a formal complaint proceeding against the licensee as hereinafter provided. When used with reference to any complaint filed against a licensee herein, the term "not substantial justification" means a complaint that is frivolous, groundless in fact or law, or vexatious, as determined by unanimous vote of the board. In the event of a dismissal, the person filing the accusation and the accused licensee shall be given written notice of the board's determination. If the State Board of Cosmetology and Barbering determines there is reasonable cause to believe the accused has committed any of those offenses, the chairman of the board shall give written notice of such determination to the accused licensee and set a day for a hearing as provided in subsection (3) of this section.
(2) The State Board of Cosmetology and Barbering shall have the power to revoke, suspend or refuse to issue or renew any license or certificate provided for in this chapter, and to fine, place on probation and/or otherwise discipline a student or licensee or holder of a certificate, upon proof that such person: (a) has not complied with or has violated any of the rules and regulations promulgated by the board; (b) has not complied with or has violated any of the sections of this chapter; (c) has committed fraud or dishonest conduct in the taking of the examination herein provided for; (d) has been convicted of a felony; (e) has committed grossly unprofessional or dishonest conduct; (f) is addicted to the excessive use of intoxicating liquors or to the use of drugs to such an extent as to render him or her unfit to practice in any of the practices or occupations set forth in this chapter; (g) has advertised by means of knowingly false or deceptive statements; * * * (h) has failed to display the license or certificate issued to him or her as provided for in this chapter; or (i) has been convicted of violating any of the provisions of this chapter. A conviction of violating any of the provisions of this chapter shall be grounds for automatic suspension of the license or certificate of such person.
(3) The State Board of Cosmetology and Barbering shall not revoke, suspend or refuse to issue or renew any license or certificate, or fine, place on probation or otherwise discipline any person in a disciplinary matter except after a hearing of which the applicant or licensee or holder of the certificate affected shall be given at least twenty (20) days' notice in writing, specifying the reason or reasons for denying the applicant a license or certificate of registration, or in the case of any other disciplinary action, the offense or offenses of which the licensee or holder of a certificate of registration is charged. Such notice may be served by mailing a copy thereof by United States first-class certified mail, postage prepaid, to the last-known residence or business address of such applicant, licensee or holder of a certificate. The hearing on such charges shall be at such time and place as the board may prescribe.
(4) At such hearings, all witnesses shall be sworn by a member of the board, and stenographic notes of the proceedings shall be taken. Any party to the proceedings desiring it shall be furnished with a copy of such stenographic notes upon payment to the board of such fees as it shall prescribe, not exceeding, however, the actual costs of transcription.
(5) The State Board of Cosmetology and Barbering is hereby authorized and empowered to issue subpoenas for the attendance of witnesses and the production of books and papers. The process issued by the board shall extend to all parts of the state and such process shall be served by any person designated by the board for such service. The person serving such process shall receive such compensation as may be allowed by the board, not to exceed the fee prescribed by law for similar services. All witnesses who shall be subpoenaed, and who shall appear in any proceedings before the board, shall receive the same fees and mileage as allowed by law.
(6) Where in any proceeding before the board any witness shall fail or refuse to attend upon subpoena issued by the board, shall refuse to testify, or shall refuse to produce any books and papers, the production of which is called for by the subpoena, the attendance of such witness and the giving of his testimony and the production of the books and papers shall be enforced by any court of competent jurisdiction of this state, in manner as are enforced the attendance and testimony of witnesses in civil cases in the courts of this state.
(7) The board shall conduct the hearing in an orderly and continuous manner * * *. If a party fails to appear at a hearing after being given notice of hearing as required by this chapter, the board may proceed with the hearing in the absence of the party. The board shall, within sixty (60) days after conclusion of the hearing, reduce its decision to writing and forward an attested true copy thereof to the last-known residence or business address of such applicant, licensee or holder of a certificate, by way of United States first-class certified mail, postage prepaid. Such applicant, licensee, holder of a certificate, or person aggrieved shall have the right of appeal from an adverse ruling, or order, or decision of the board to the chancery court upon forwarding notice of appeal to the board within thirty (30) days after the decision of the board is mailed in the manner here contemplated. An appeal will not be allowed in the event notice of appeal, together with the appeal bond hereinafter required, shall not have been forwarded to the board within the thirty-day period. Appeal shall be to the chancery court of the county and judicial district of the residence of the appellant, or to the Chancery Court of the First Judicial District of Hinds County, Mississippi, at the election of the appellant. The notice of appeal shall elect venue, unless the appellant be a nonresident of the State of Mississippi, in which event the board shall certify all documents and evidence directly to the Chancery Court of the First Judicial District of Hinds County for further proceedings. The appeal shall thereupon be heard in due course by the court which shall review the record and make its determination thereon.
(8) The appellant shall, together with the notice of appeal, forward to and post with the board a satisfactory bond in the amount of Five Hundred Dollars ($500.00) for the payment of any costs which may be adjudged against him.
(9) In the event of an appeal, the court shall dispose of the appeal and enter its decision promptly. The hearing on the appeal may, in the discretion of the chancellor, be tried in vacation. If there is an appeal, such appeal may, in the discretion of and on motion to the chancery court, act as a supersedeas. However, any fine imposed by the board under the provisions of this chapter shall not take effect until after the time of appeal has expired, and an appeal of the imposition of such * * * fine shall act as a supersedeas.
(10) Any fine imposed by the board upon a licensee or holder of a certificate shall be in accordance with the following schedule:
(a) For the first violation, a fine of not less than Seventy-five Dollars ($75.00) nor more than Two Hundred Fifty Dollars ($250.00) for each violation.
(b) For the second and each subsequent violation, a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than Five Hundred Dollars ($500.00) * * *.
The power and authority of the State Board of Cosmetology and Barbering to impose such fines under this section shall not be affected or diminished by any other proceeding, civil or criminal, concerning the same violation or violations.
(11) In addition to the reasons specified in subsection (2) of this section, the State Board of Cosmetology and Barbering 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 * * * reissuing or reinstatement of a license suspended for that purpose, and the payment of any fees for * * * reissuing 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 provisions of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.
SECTION 16. Section 73-7-29, Mississippi Code of 1972, is amended as follows:
73-7-29. The State Board of Cosmetology and Barbering 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 State Board of Cosmetology and Barbering 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 under payments by written request from applicants. If no request for refund is made within sixty (60) days, the fees will be forfeited.
SECTION 17. Section 73-7-31, Mississippi Code of 1972, is amended as follows:
73-7-31. Nothing in this chapter shall apply to:
(a) Hairdressing, barbering, manicuring or facial treatments given in the home to members of family or friends for which no charge is made.
(b) Persons whose practice is limited to the application of cosmetic products to another person in connection with the sale, or attempted sale, of such products at retail, without compensation from such other person other than the regular retail price of such merchandise.
* * *
(c) Persons engaged in the practice of hair braiding as defined in Section 73-7-71 who have completed the self-test part of the brochure on infection control techniques prepared by the State Department of Health and who keep the brochure and completed self-test available at the location at which the person is engaged in hair braiding.
SECTION 18. Section 73-7-33, Mississippi Code of 1972, is amended as follows:
73-7-33. In addition to the rules and regulations that may be prescribed and promulgated by the State Board of Cosmetology and Barbering under authority of this chapter, the following rules and regulations shall be observed:
Every establishment must be kept sanitary, including all utensils and equipment; must be well ventilated and properly lighted. Each salon must be provided with hot and cold running water. Electrical appliances must be properly installed and grounded.
Cosmetologists/barbers, hair designers, estheticians, manicurists and wigologists shall be allowed to wear any type of clothing or apparel while at work as long as such clothing or apparel is sanitary.
Cosmetologists/barbers or hair designers shall be allowed to use any type of hair roller as long as they do so in a sanitary manner.
Anyone having an airborne infectious or contagious disease shall not practice in any establishment without a letter of physician approval. A copy of the letter must be at the salon/shop and a copy submitted to the board. Salon/shop owners will be held responsible for knowingly permitting one with such disease to practice in his or her salon/shop. No work shall be performed on any patron having a visible disease unless the patron shall produce a certificate from a practicing physician stating that the patron is free from infectious, contagious or communicable disease. A cosmetologist's/barber's license does not authorize such person to treat or prescribe for an infectious, contagious or any other disease.
A home salon must have a solid wall to the ceiling with an outside entrance, or if a door exists between the salon/shop and the remainder of the house, the door must be kept closed at all times while service is being rendered.
SECTION 19. Section 73-7-37, Mississippi Code of 1972, is amended as follows:
73-7-37. * * * The violation of any of the provisions of this chapter, including:
(a) Any acts or threats of violence against any member or employee of the board;
(b) Obtaining or attempting to obtain a certificate of registration for money other than the required fee, or any other thing of value, or by fraudulent misrepresentation;
(c) Practicing or attempting to practice by fraudulent misrepresentations;
(d) Practicing one (1) of these professions without a license, or allowing an unlicensed person to work in a salon/shop;
(e) Operating a salon/shop without a license; or
(f) The willful failure to display a certificate of registration as required by Section 73-7-11 shall constitute a misdemeanor punishable in any court of competent jurisdiction, any person or firm convicted of the violation of any of the provisions of this chapter shall be fined for the first offense, Five Hundred Dollars ($500.00), for the second offense, One Thousand Dollars ($1,000.00), and for the third and any subsequent offenses, by imprisonment for not less than five (5) days nor more than six (6) months in the county jail. The court shall not be authorized to suspend or suspend the execution of the fine or imprisonment required under this section.
* * *
SECTION 20. Section 73-7-57, Mississippi Code of 1972, is amended as follows:
73-7-57. All wig salon owners shall have a wig salon license and shall pay to the State Board of Cosmetology and Barbering the required license fee therefor and pay the required renewal fee for the renewal thereof. Prior to the initial issuance of such a license, the board shall inspect the premises to determine if same qualifies with the law, upon payment by the applicant of the required inspection fee.
A person holding a wig salon license may maintain an establishment in which services shall be limited to wigs or hairpieces and performed only by licensed wig specialists and/or licensed cosmetologists/barber or hair designer.
SECTION 21. Section 73-7-63, Mississippi Code of 1972, is amended as follows:
73-7-63. Sections 73-5-2 through 73-5-43, Mississippi Code of 1972, and Sections 73-7-3 through * * * 73-7-61, Mississippi Code of 1972, which create the State Board of Cosmetology and Barbering and prescribe its duties and powers, shall stand repealed as of July 1, 2016.
SECTION 22. Section 73-5-1, Mississippi Code of 1972, which creates and empowers the State Board of Barber Examiners; Section 73-5-8, Mississippi Code of 1972, which provides specific qualifications for a instructor certificate of registration as a barber; Section 73-5-11, Mississippi Code of 1972, which provides specific qualifications for a certificate of registration as a barber; Section 73-5-15, Mississippi Code of 1972, which prescribes the application for examinations as a barber; Section 73-5-17, Mississippi Code of 1972, which provides for barber testing services; Section 73-5-19, Mississippi Code of 1972, which provides for the issuance of barber registration certificates; Sections 73-5-25 and 73-5-27, Mississippi Code of 1972, which authorizes disciplinary action against barber certificate holders; Section 73-5-33, Mississippi Code of 1972, which provides barbershop owner requirements; Sections 73-7-1, 73-7-3 and 73-7-5, Mississippi Code of 1972, which creates and empowers the State Board of Cosmetology; Section 73-7-9, Mississippi Code of 1972, which requires certificates of registration for beauty salons; Section 73-7-18, Mississippi Code of 1972, which provides qualifications for an esthetician's license; Section 73-7-21, Mississippi Code of 1972, which provides qualifications for a manicurist license; Section 73-7-25, Mississippi Code of 1972, which provides for a demonstration permit; Section 73-7-53, Mississippi Code of 1972, which provides for a wig specialist license; and Section 73-5-45, Mississippi Code of 1972, which imposes an automatic repealer on the Barber Practice Act; are hereby repealed.
SECTION 23. This act shall take effect and be in force from and after July 1, 2011.