MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Public Health and Welfare
By: Senator(s) Hyde-Smith, Dearing
AN ACT TO REENACT SECTIONS 73-7-1 THROUGH 73-7-37, SECTIONS 73-7-57 THROUGH 73-7-61, AND SECTION 73-7-71, MISSISSIPPI CODE OF 1972, WHICH CREATE THE STATE BOARD OF COSMETOLOGY AND PRESCRIBE ITS DUTIES AND POWERS; TO AMEND SECTIONS 73-7-2, 73-7-3, 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, 73-7-33, 73-7-35, 73-7-37 AND 73-7-57, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR LICENSURE OF HAIR DESIGNERS, TO DELETE SPECIFIC REQUIREMENTS FOR TEMPORARY PERMITS, INACTIVE LICENSURE, ESTHETICS INSTRUCTOR'S LICENSE AND MANICURIST INSTRUCTOR'S LICENSE, TO PROVIDE FOR PAYMENT OF 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 EXTEND THE AUTOMATIC REPEALER ON THE COSMETOLOGY REGULATION ACT; TO REPEAL 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 73-7-19, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR RENEWAL OF LICENSES, 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 SECTIONS 73-7-51, 73-7-53 AND 73-7-55, 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. Section 73-7-1, Mississippi Code of 1972, is reenacted as follows:
73-7-1. There is hereby continued and reconstituted a State Board of Cosmetology, composed of five (5) members to be appointed by the Governor, with the advice and consent of the Senate, and whose term of office shall be four (4) years from the date of appointment except as otherwise provided herein. However, no more than two (2) members shall be appointed from each Supreme Court district.
There shall be a president of the board and such other officers as deemed necessary by the board elected by and from its membership, provided that the member elected as president shall have at least one (1) year of experience on the board. Any member appointed by the Governor and confirmed by the Senate for a term to begin on or after July 1, 1997, who was designated by the Governor to serve as president of the board, shall be fully qualified to serve on the board for a full term of office, but shall not serve as president of the board unless elected by the membership of the board as provided under this paragraph.
To be eligible for appointment as a member of the State Board of Cosmetology, the person applying shall have been a citizen of this state for a minimum of five (5) years immediately prior to appointment. Such person shall be at least thirty (30) years of age, possess a high school education or its equivalent, and shall have been a licensed cosmetologist with not less than ten (10) years' active practice in cosmetology. No member of the board shall be connected in any way with any school wherein cosmetology is taught, nor shall any two (2) members of the board be graduates of the same school of cosmetology.
However, in the event of vacancy by death or resignation of any member of the board, the Governor shall, within thirty (30) days, appoint a person possessing all qualifications required to serve the remainder of the term. Any member who shall not attend two (2) consecutive meetings of the board for reasons other than illness of such member shall be subject to removal by the Governor. The president of the board shall notify the Governor in writing when any such member has failed to attend two (2) consecutive regular meetings.
The salaries of all paid employees of the board shall be paid out of funds in the board's special fund in the State Treasury. Each member of the board, excepting the inspectors provided for herein, shall receive per diem as authorized by Section 25-3-69, and shall be reimbursed for such other expenses at the same rate and under the same conditions as other state employees as provided for in Section 25-3-41.
The board shall give reasonable public notice of all board meetings not less than ten (10) days prior to such meetings.
SECTION 2. Section 73-7-2, Mississippi Code of 1972, is reenacted and amended as follows:
73-7-2. As used in this chapter, the following terms shall have the meanings ascribed herein unless the context otherwise requires:
(a) "Board" means the State Board of Cosmetology.
(b) "Cosmetology" means any one (1) or a combination of the following practices if they are performed on a person's head, face, neck, * * * arms below elbow, hands, legs below knee or feet for cosmetic purposes:
(i) Cutting, clipping or trimming 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" means a person who for compensation, whether direct or indirect, engages in the practice of cosmetology.
(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) "Shampoo technician" means any person who for compensation, either directly or indirectly, shampoos, conditions, massages scalp, rinses permanent wave and/or shampoos color and chemicals from hair after processing.
(g) "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.
(h) "Esthetician" means any person who, for compensation, either direct or indirect, engages in the practice of esthetics.
(i) "Instructor" means a person licensed to teach cosmetology, 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.
(j) "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.
(k) "Manicurist" means a person who for compensation, either direct or indirect, engages in the practice of manicuring and pedicuring.
(l) "Master cosmetologist" means a person holding a cosmetology license who has completed the minimum course of continuing education prescribed by Section 73-7-14.
(m) "Salon" means an establishment operated for the purpose of engaging in the practice of cosmetology, hair designing, * * * manicuring and pedicuring, or esthetics, or wigology, or all of those.
(n) "School" means an establishment, public or private, operated for the purpose of teaching cosmetology, hair designing, shampooing, * * * manicuring and pedicuring, or esthetics, or wigology, or all of those.
(o) "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.
(p) "Wig specialist" means a person who, for compensation, either direct or indirect, engages in the practice of wigology.
SECTION 3. Section 73-7-3, Mississippi Code of 1972, is reenacted and amended as follows:
73-7-3. The State Board of Cosmetology 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. 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, hair designers, shampoo technicians, estheticians, manicurist and wig specialist of the State of Mississippi and require the faithful performance of their duties.
The members of the board shall file a bond with the Secretary of State in the sum of not less than Ten Thousand Dollars ($10,000.00) 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. * * *
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SECTION 4. Section 73-7-5, Mississippi Code of 1972, is reenacted as follows:
73-7-5. (1) All fees and any other monies received by the board shall be deposited in a special fund that is created in the State Treasury and shall be used for the implementation and administration of this chapter when appropriated by the Legislature for such purpose. The monies in the special fund shall be subject to all provisions of the state budget laws that are applicable to special fund agencies, and shall be disbursed by the State Treasurer only upon warrants issued by the State Fiscal Officer upon requisitions signed by the president of the board or another board member designated by the president, and countersigned by the secretary of the board. Any interest earned on this special fund shall be credited by the State Treasurer to the fund and shall not be paid into the State General Fund. Any unexpended monies remaining in the special fund at the end of a fiscal year shall not lapse into the State General Fund.
(2) The State Auditor shall audit the financial affairs of the board and the transactions involving the special fund at least once a year in the same manner as for other special fund agencies. In addition, the Governor, in his discretion, shall have the power from time to time to require an audit of the financial affairs of the board, the same to be made by the State Auditor upon request of the Governor. The Governor shall have the power to suspend any member of the board who shall be found in default in any account until such time as it shall be determined whether such default was a result of an act of dishonesty on the part of the member, and in the event it is found that such default is an act of dishonesty, misfeasance or nonfeasance on the part of the member, such member shall be immediately removed by the Governor from office.
SECTION 5. Section 73-7-7, Mississippi Code of 1972, is reenacted and 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 and the executive director 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 may revoke the license of any cosmetologist, hair designer, shampoo technician, 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 * * * salons for the guidance of persons licensed under this chapter in the operation of schools of cosmetology, or * * * salons, and in the practice of cosmetology, hair designer, shampoo technician, 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 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 6. Section 73-7-11, Mississippi Code of 1972, is reenacted and amended as follows:
73-7-11. Each owner of a certificate of registration (salon/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, hair designer, esthetician, manicurist or wig specialist license will be displayed at his or her work station.
SECTION 7. Section 73-7-12, Mississippi Code of 1972, is reenacted and amended as follows:
73-7-12. The State Board of Cosmetology shall contract with a recognized testing service to conduct examinations for cosmetologists, hair designers, shampoo technicians, 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 8. Section 73-7-13, Mississippi Code of 1972, is reenacted and amended as follows:
73-7-13. (1) The State Board of Cosmetology shall admit to examination for a cosmetology license, hair designer license, shampoo technician 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) Fifteen hundred (1500) hours of cosmetology instruction over a period of not less than nine (9) months in an approved school of cosmetology;
(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;
(iii) Three hundred (300) hours of shampoo instruction over a period of not less than eight (8) weeks;
(iv) 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;
(v) 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;
(vi) 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, hair designer, shampoo technician, 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, manicurist or wigologist licensed in the State of Mississippi shall be credited with three hundred (300) hours toward a cosmetology license. No credit will be given for a hair designer license.
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(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.
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SECTION 9. Section 73-7-14, Mississippi Code of 1972, is reenacted and amended as follows:
73-7-14. Any person who holds a current, valid cosmetology license may be licensed as a master cosmetologist if he or she has been a licensed cosmetologist 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 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 license when renewing their license.
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SECTION 10. Section 73-7-15, Mississippi Code of 1972, is reenacted and amended as follows:
73-7-15. (1) The State Board of Cosmetology shall admit to examination for a cosmetology, 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, 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 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, esthetic or manicure license; and
(h) Has at least two (2) years' active practical experience as a licensed cosmetologist, esthetician or manicurist * * *.
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(2) Applicants shall satisfactorily pass the examinations prescribed by the State Board of Cosmetology 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, 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. If continuing education requirements are not met, a cosmetology, esthetic or manicure license may be issued upon payment of a license fee in lieu of an instructor license. Upon meeting continuing education requirements and payment of the instructor license fee, an instructor license may be reissued.
(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 11. Section 73-7-16, Mississippi Code of 1972, is reenacted and amended as follows:
73-7-16. All schools of cosmetology * * * shall have a school license and shall pay to the State Board of Cosmetology 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 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.
All board approved schools of cosmetology, hair designing, esthetics, shampoo technology and manicuring, operating in this state, shall be under the direct supervision of a licensed instructor appropriate to that field of study, at all times.
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 12. Section 73-7-17, Mississippi Code of 1972, is reenacted and amended as follows:
73-7-17. All salon owners shall have a salon license and shall pay to the board the required license fee therefor and pay the required renewal fee and any applicable delinquent fees for renewal thereof. * * * Prior to the initial issuance of such 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.
Each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section 93-11-64, Mississippi Code of 1972.
SECTION 13. Section 73-7-23, Mississippi Code of 1972, is reenacted and amended as follows:
73-7-23. The State Board of Cosmetology may, upon application and payment of all required fees, issue a license by reciprocity to any cosmetologist, 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 14. Section 73-7-27, Mississippi Code of 1972, is reenacted and amended as follows:
73-7-27. (1) Any complaint may be filed with the State Board of Cosmetology 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 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 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 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 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 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 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 15. Section 73-7-29, Mississippi Code of 1972, is reenacted and amended as follows:
73-7-29. The State Board of Cosmetology shall assess fees in the following amounts and for the following purposes:
(a) * * * Initial license/renewal for * * * cosmetologist, hair designer, shampoo technician, manicurist, esthetician, or wig specialist........................ $ 50.00
(b) * * * Instructor initial license/renewal 80.00
* * *
(c) * * * Master cosmetologist
license/renewal....................................... 70.00
* * *
(d) Delinquent renewal penalty - cosmetologist, hair designer, shampoo technician, manicurist, esthetician, wig specialist and instructor......................... 50.00
* * *
There shall be no renewal fee for any licensee seventy (70) years of age or older.
(e) Salon application and initial inspection 85.00
(f) Salon reinspection..................... 35.00
(g) Salon change of ownership or location,
or both............................................... 85.00
(h) * * * Salon * * * renewal.............. 60.00
* * *
(i) Salon delinquent renewal penalty * * *. 50.00
* * *
(j) Application and initial inspection for a new
school ............................................... 300.00
(k) New school reinspection................ 100.00
(l) School change of ownership............. 300.00
(m) School relocation...................... 150.00
(n) * * * School * * * renewal............. 75.00
* * *
(o) School delinquent renewal penalty * * * 100.00
* * *
(p) Duplicate license * * *................ 10.00
(q) Penalty for insufficient fund checks... 20.00
(r) Affidavit processing................... 15.00
* * *
The State Board of Cosmetology may charge additional fees for services which the board deems appropriate to carry out its intent and purpose. These additional fees shall not exceed the cost of rendering the service.
* * *
The board is fully authorized to make refunds of any deposits received by the board for services which are not rendered * * *. Refunds will automatically be made on overpayment of fees. Refunds will be made on under payments by written requests from applicants. If no request for refund is made within sixty (60) days, the fees will be forfeited.
SECTION 16. Section 73-7-31, Mississippi Code of 1972, is reenacted as follows:
73-7-31. Nothing in this chapter shall apply to:
(a) Hairdressing, 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) Barbers, and nothing in this chapter shall affect the jurisdiction of the State Board of Barber Examiners.
(d) 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 17. Section 73-7-33, Mississippi Code of 1972, is reenacted and 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 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, hair designers, shampoo technicians, 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 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 or bacterial 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 and a copy submitted to the board. Salon owners will be held responsible for knowingly permitting one with such disease to practice in his or her salon. 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 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 and the remainder of the house, the door must be kept closed at all times while service is being rendered.
SECTION 18. Section 73-7-35, Mississippi Code of 1972, is reenacted and amended as follows:
73-7-35. (1) No person licensed pursuant to this chapter shall practice his or her profession except within the physical confines of a salon possessing and displaying a properly executed license issued pursuant to Section 73-7-17. However, this requirement shall not prevent a person from rendering his or her services to any person who may be confined to his or her home, a hospital, or other place as a result of illness * * *.
(2) No salon owner licensed pursuant to this chapter shall allow a cosmetologist, hair designer, shampoo technician, esthetician, manicurist or wig specialist to practice his/her profession in the salon without possessing a valid license issued pursuant to this chapter.
SECTION 19. Section 73-7-37, Mississippi Code of 1972, is reenacted and 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 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 reenacted and 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 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 or hair designer.
SECTION 21. Section 73-7-59, Mississippi Code of 1972, is reenacted as follows:
73-7-59. Nothing in Sections 73-7-51 through 73-7-61 as amended by Laws, 2000, Chapter 485, 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 22. Section 73-7-61, Mississippi Code of 1972, is reenacted as follows:
73-7-61. Nothing in Sections 73-7-51 through 73-7-61 shall apply to retail sales of wigs or hairpieces when such sales do not include arranging, dressing, waving, cleaning, curling, bleaching, coloring, cutting and shaping of such wig or hairpiece sold at retail. Such retail seller shall be exempted from all fees, inspections and other requirements of said sections. In connection with such retail sales, wigs and hairpieces may be fitted, combed and arranged before such retail sale is consummated.
SECTION 23. Section 73-7-63, Mississippi Code of 1972, is amended as follows:
73-7-63. Sections 73-7-1 through 73-7-37 and 73-7-51 through 73-7-61, Mississippi Code of 1972, which create the State Board of Cosmetology and prescribe its duties and powers, shall stand repealed as of July 1, 2016.
SECTION 24. Section 73-7-71, Mississippi Code of 1972, is reenacted as follows:
73-7-71. (1) For the purpose of this section, the term "hair braiding" means the use of techniques that result in tension on hair strands or roots by twisting, wrapping, weaving, extending, locking or braiding of the hair by hand or mechanical device, but does not include the application of dyes, reactive chemicals, or other preparations to alter the color of the hair or to straighten, curl or alter the structure of the hair.
(2) No person shall engage in hair braiding for compensation in the State of Mississippi without first registering with the State Department of Health. The department may charge each registrant a fee of not more than Twenty-five Dollars ($25.00) to cover the department's costs in registering the person and providing the person with the brochure prepared under subsection (3) of this section, which fee shall be uniform for all registrants. The purpose of this registration is only to maintain a listing of those persons who engage in hair braiding for compensation in the state, and does not authorize the department to license or regulate the practice of hair braiding in the state, except as provided in subsection (4) of this section.
(3) The State Department of Health shall develop and prepare a brochure containing information about infection control techniques that are appropriate for hair braiding in or outside of a salon setting. The brochure shall be made available through the department's Web site or by mail, upon request, for a fee to cover the department's mailing costs. The brochure shall contain a self-test with questions on the information contained in the brochure. For a person engaged in hair braiding to be exempt from the cosmetology licensure law, Section 73-7-1 et seq., the person shall complete the self-test part of the brochure and keep the brochure and completed self-test available at the location at which the person is engaged in hair braiding.
(4) Representatives of the department may visit any facility or premises in which hair braiding is performed at any time during business hours to determine if the brochure and completed self-test are available at the facility or premises.
(5) This section does not apply to cosmetologists, barbers or wig specialists licensed to practice in Mississippi in their respective fields.
SECTION 25. 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 73-7-19, Mississippi Code of 1972, which provides for renewal of licenses, 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 Sections 73-7-51, 73-7-53 and 73-7-55, Mississippi Code of 1972, which provides for a wig specialist license; are hereby repealed.
SECTION 26. This act shall take effect and be in force from and after July 1, 2011.