MISSISSIPPI LEGISLATURE
2012 Regular Session
To: Public Health and Welfare
By: Senator(s) Burton
AN ACT TO MAKE CERTAIN TECHNICAL AMENDMENTS TO THE COSMETOLOGY LICENSURE LAW; TO AMEND SECTION 73-7-2, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF COSMETOLOGY AND ESTHETICS FOR PURPOSES OF LICENSURE REQUIREMENTS; TO AMEND SECTION 73-7-7, MISSISSIPPI CODE OF 1972, TO EMPOWER AUTHORIZED AGENTS OF THE STATE BOARD OF COSMETOLOGY TO ENTER THE PREMISES OF ANY BUSINESS DURING REGULAR BUSINESS HOURS TO DETERMINE IF PERSONS ARE PRACTICING COSMETOLOGY WITHOUT A VALID LICENSE; TO AMEND SECTION 73-7-9, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT ANY PERSON PRACTICING AS A COSMETOLOGY INSTRUCTOR IN THE STATE OF MISSISSIPPI SHALL BE LICENSED IN THE STATE OF MISSISSIPPI; TO AMEND SECTION 73-7-12, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE STATE BOARD OF COSMETOLOGY TO CONTRACT WITH A RECOGNIZED TESTING COMPANY TO CONDUCT EXAMINATIONS; TO AMEND SECTION 73-7-16, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR BIENNIAL LICENSE FEES AND TO CLARIFY CERTAIN TESTING REQUIREMENTS FOR STUDENTS AT SCHOOLS OF COSMETOLOGY; TO AMEND SECTION 73-7-31, MISSISSIPPI CODE OF 1972, TO CLARIFY CERTAIN LICENSURE EXEMPTIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. 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.
(b) "Cosmetology" means any one (1) or a combination of the following practices if they are performed on a person's head, face, neck, shoulder, arms, hands, legs or feet for cosmetic purposes:
(i) Cutting, clipping or trimming hair.
(ii) Styling, arranging, dressing, curling, waving, permanent waving, straightening, cleansing, bleaching, tinting, coloring or similarly treating 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, to include tweezing, waxing, threading or any other method of epilation, 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) "Esthetics" means any one (1) or a combination of the following practices:
(i) Massaging the face or neck of a person;
(ii) Arching eyebrows to include trimming, tweezing, waxing, threading or any other method of epilation or tinting eyebrows and eyelashes;
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(iii) Cleansing, stimulating, manipulating, beautifying or applying oils, antiseptics, clays, lotions or other preparations either by hand or by mechanical or electrical apparatus;
(iv) Removing superfluous hair by the use of depilatories;
(v) Waxing, stimulating, cleansing 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.
(e) "Esthetician" means any person who, for compensation, either direct or indirect, engages in the practice of esthetics.
(f) "Instructor" means a person licensed to teach cosmetology, or manicuring and pedicuring, or esthetics, or wigology, or all of those, pursuant to this chapter, and shall include those persons engaged in the instruction of student instructors.
(g) "Manicuring and pedicuring" means any one (1) or a combination of the following practices:
(i) Cutting, trimming, polishing, coloring, tinting, cleansing or otherwise treating a person's nails.
(ii) Applying artificial nails.
(iii) Massaging or cleaning a person's hands, arms, legs or feet.
(h) "Manicurist" means a person who for compensation, either direct or indirect, engages in the practice of manicuring and pedicuring.
(i) "Master cosmetologist" means a person holding a cosmetology license who has completed the minimum course of continuing education prescribed by Section 73-7-14.
(j) "Salon" means an establishment operated for the purpose of engaging in the practice of cosmetology, or manicuring and pedicuring, or esthetics, or wigology, or all of those.
(k) "School" means an establishment, public or private, operated for the purpose of teaching cosmetology, or manicuring and pedicuring, or esthetics, or wigology, or all of those.
(l) "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.
(m) "Wig specialist" means a person who, for compensation, either direct or indirect, engages in the practice of wigology.
SECTION 2. Section 73-7-7, Mississippi Code of 1972, is amended as follows:
73-7-7. The board shall have authority to make reasonable rules and regulations for the administration of the provisions of this chapter. The board shall set up a curriculum for operation of schools of cosmetology and the other professions it is charged to regulate in this state. The board shall receive and consider for adoption recommendations for rules and regulations, school curriculum, and related matters from the Mississippi Cosmetology Council, whose membership shall consist of, in addition to the board members, five (5) elected delegates from the Mississippi Hairdressers and Cosmetologists Association, five (5) elected delegates from the Mississippi Cosmetology School Association, five (5) elected delegates from the Mississippi Independent Beauticians Association, and five (5) elected delegates from the School Owners and Teachers Association. The board may revoke the license of any cosmetologist, esthetician, manicurist, wig specialist, instructor, school of cosmetology, or salon, or may refuse to issue a license to any cosmetologist, esthetician, manicurist, wig specialist, instructor, school of cosmetology, or salon that fails or refuses to comply with the provisions of this chapter and the rules and regulations of the board in carrying out the provisions of this chapter.
The board shall have authority to prescribe reasonable rules and regulations governing sanitation of schools of cosmetology and beauty salons for the guidance of persons licensed under this chapter in the operation of schools of cosmetology, or a beauty salon, and in the practice of cosmetology, esthetics, manicuring and pedicuring, and wigology. However, any and all rules and regulations relating to sanitation shall, before adoption by the board, have the written approval of the State Board of Health. When the board has reason to believe that any of the provisions of this chapter or of the rules and regulations of the board have been violated, either upon receipt of a written complaint alleging such violations or upon the board's own initiative, the board, or any of its authorized agents, shall investigate same and shall have authority to enter upon the premises of a school of cosmetology, salon or any other premises at any time during the regular business hours of that facility to conduct the investigation. The Mississippi State Board of Cosmetology, or any of its authorized agents, either upon receipt of a written complaint or upon the board's own initiative, shall have authority to enter any premises at any time during regular business hours to determine whether there is a person practicing cosmetology without a license issued by the board. Such investigation may include, but not be limited to, conducting oral interviews with the complaining party, school or salon owner(s) and/or students of the school, and reviewing records of the school or salon pertinent to the complaint and related to an area subject to the authority of the board. Such investigation shall not include written interviews or surveys of school employees or students, and the privacy of patrons shall be respected by any person making such investigation.
On or before July 1, 2001, the board shall adopt regulations to ensure that all fingernail service products used by licensed cosmetologists, manicurists and other licensees do not contain methyl methacrylate (MMA) as a monomer agent for cosmetic nail applications.
If the board finds that a violation of the provisions of this chapter or the rules and regulations of the board has occurred, it may cause a hearing to be held as set forth in Section 73-7-27.
SECTION 3. Section 73-7-9, Mississippi Code of 1972, is amended as follows:
73-7-9. No person required by this chapter to have a license shall conduct a beauty salon or school of cosmetology, or practice cosmetology, esthetics, manicuring and pedicuring, or wigology, or practice as an instructor in the State of Mississippi, unless such person has received a license or temporary permit therefor from the board. Students determined to have violated any of these rules or regulations prior to being licensed by the board shall be subject to the same discipline by the board as licensees. They may be disciplined and fined accordingly.
SECTION 4. Section 73-7-12, Mississippi Code of 1972, is amended as follows:
73-7-12. The State Board of Cosmetology shall contract with a recognized testing company to conduct examinations for cosmetologists, estheticians, manicurists, wig specialists and instructors at such times and locations as determined by the contracted testing company. No member of the board shall be authorized to personally administer the examinations.
SECTION 5. Section 73-7-16, Mississippi Code of 1972, is amended as follows:
73-7-16. All schools of cosmetology or school owners shall have a school license and shall pay to the board the required license fee biennially therefor. A grace period of sixty (60) days will be given in which to renew the license, and upon the expiration of the grace period of sixty (60) days, any applicant for the renewal of a school license will be required to pay a delinquent fee in addition to the renewal fee. The board is hereby authorized and empowered to promulgate necessary and reasonable rules and regulations for the issuance and renewal of school licenses. However, 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.
Nationally accredited schools shall follow accreditation standards for hiring and training faculty and any state statute that contradicts those federal standards is not applicable to nationally accredited schools. All other schools must comply fully with the applicable state statutes.
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Private business and vocational schools that have obtained national accreditation from an accrediting agency designated by the United States Department of Education may submit evidence of current accreditation in lieu of other application requests. Applications submitted on evidence of national accreditation must be approved or denied within ninety (90) days after receipt. If no action is taken within ninety (90) days, the application shall be deemed approved and a school license must be issued. Provided, however, that any cosmetology instructor conducting classes in the State of Mississippi at a private business and vocational school accredited by the United States Department of Education shall be required to possess a current license as a cosmetology instructor in the State of Mississippi, and the State Board of Cosmetology is authorized to verify compliance with this requirement.
SECTION 6. Section 73-7-31, Mississippi Code of 1972, is amended 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 with a demonstrators permit issued by the board. * * *
(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 7. This act shall take effect and be in force from and after July 1, 2012.