MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Public Health and Welfare
By: Senator(s) Blount, Burton
AN ACT TO REENACT SECTIONS 73-7-1 THROUGH 73-7-37 AND 73-7-51 THROUGH 73-7-61, MISSISSIPPI CODE OF 1972, WHICH PRESCRIBE THE POWERS AND DUTIES OF THE MISSISSIPPI BOARD OF COSMETOLOGY; 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 CLARIFY THE MEMBERSHIP OF THE MISSISSIPPI COSMETOLOGY COUNCIL; TO AMEND SECTIONS 73-7-9, 73-7-12, 73-7-19, 73-7-35 AND 73-7-71, MISSISSIPPI CODE OF 1972, TO DELETE AUTHORITY FOR WIG SPECIALISTS; TO AMEND SECTION 73-7-12, MISSISSIPPI CODE OF 1972, TO CLARIFY QUALIFICATIONS FOR COSMETOLOGY EXAMINATIONS; TO AMEND SECTION 73-7-14, MISSISSIPPI CODE OF 1972, TO AUTHORIZE MASTER MANICURIST AND ESTHETICIAN LICENSURE; TO AMEND SECTION 73-7-15, MISSISSIPPI CODE OF 1972, TO CLARIFY QUALIFICATIONS FOR A COSMETOLOGY INSTRUCTOR'S LICENSE; 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 73-7-17, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR RENEWAL OF A SALON LICENSE; TO AMEND SECTION 73-7-21, MISSISSIPPI CODE OF 1972, TO AUTHORIZE ELECTRIC NAIL FILE REGULATIONS; TO AMEND SECTION 73-7-23, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR LICENSE RECIPROCITY WITH OTHER STATES; TO AMEND SECTIONS 73-7-27 AND 73-7-37, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR APPEAL OF LICENSURE DISCIPLINARY ACTION AND TO INCREASE AUTHORIZED FINES; TO AMEND SECTION 73-7-29, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR FEES; TO REPEAL SECTIONS 73-7-51 THROUGH 73-7-61, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR WIG SPECIALIST AND WIG SALON LICENSURE; TO REPEAL SECTION 73-7-63, MISSISSIPPI CODE OF 1972, WHICH PROVIDES AN AUTOMATIC REPEALER ON THE COSMETOLOGY PRACTICE ACT; 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, shoulder, arms, hands, legs or feet for cosmetic purposes:
(i) Cutting, clipping or trimming hair and hair pieces.
(ii) Styling, arranging, dressing, curling, waving, permanent waving, straightening, cleansing, bleaching, tinting, coloring or similarly treating hair and hair pieces.
(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 methods of epilation, or tinting eyebrows and eyelashes.
(v) Removing
superfluous hair by the use of * * * depilation.
(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.
(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.
(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 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 * * *" means a person holding a
cosmetology, manicuring and esthetics 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 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 all of those.
* * *
SECTION 3. Section 73-7-3, Mississippi Code of 1972, is reenacted as follows:
73-7-3. The board shall be authorized to employ such clerical and stenographic assistance, bookkeepers, investigators and other agents as they may deem necessary to carry out the provisions of this chapter, and to fix their tenure of employment and compensation therefor. The members of the board shall file a bond with the Secretary of State in the sum of not less than Five Thousand Dollars ($5,000.00) payable to the State of Mississippi for the faithful performance of their duties. The bond shall be made by a surety company authorized to do business in this state, the premium of the bond to be paid out of any money in the board's special fund in the State Treasury.
The office of the board shall be located in the greater metropolitan area of the City of Jackson, Mississippi, and in the event office space cannot be obtained in any state-owned building, the board is authorized to rent suitable office space and to pay therefor out of funds in the board's special fund. The board shall employ inspectors as needed, not to exceed seven (7), who shall be full-time employees and whose salaries and duties shall be fixed by the board.
The salaries of all paid employees of the board shall be paid out of the funds in the board's special fund. The inspectors shall, in addition to their salaries, be reimbursed for such expenses as are allowed other state employees under the provisions of Section 25-3-41. In addition to the paying of office rent, the board is authorized to purchase necessary office furniture and equipment, stationery, books, certificates and any other equipment necessary for the proper administration of this chapter.
SECTION 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 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 * * * Cosmetology
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, * * * 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 * * *. 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 73-7-9, Mississippi Code of 1972, is reenacted and 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 practice as an instructor,
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 7. Section 73-7-11, Mississippi Code of 1972, is reenacted as follows:
73-7-11. Each owner of a certificate of registration issued by the state board, pursuant to the provisions of this chapter, shall display said certificate of registration in a conspicuous place in his or her principal office, place of business or employment, at all times.
SECTION 8. 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, estheticians, manicurists * * * 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 9. Section 73-7-13, Mississippi Code of 1972, is reenacted and amended as follows:
73-7-13. (1) The board shall admit to examination for a cosmetology license any person who has made application to the board in proper form, has paid the required fee, and who (a) is at least seventeen (17) years of age, (b) can read, write and speak English, (c) has successfully completed no less than fifteen hundred (1500) hours over a period of no less than nine (9) months in an accredited school of cosmetology, and (d) has a high school education or its equivalent.
The board may, in its
discretion, issue to any student who has completed the prescribed hours in * * * a
licensed school and paid the required fee a temporary permit until such
time as the next examination may be held, but such student shall be issued only
one (1) temporary permit. Application for an examination and license shall be
accompanied by two (2) * * * passport photographs of the applicant. No
temporary permit will be issued an applicant from any other state to operate a
beauty salon or school of cosmetology in this state unless in case of
emergency.
Applicants for the cosmetologist examination, after having satisfactorily passed the prescribed examination, shall be issued a cosmetology license which until June 30, 2001, shall be valid for one (1) year, and after July 1, 2001, shall be valid for two (2) years, and all those licenses shall be subject to renewal.
Any barber who can read, write and speak English and has successfully completed no less than fifteen hundred (1500) hours in an accredited barber school, and who holds a current valid certificate of registration to practice barbering and who holds a current valid license, is eligible to take the cosmetology examination to secure a cosmetology license upon successfully completing five hundred (500) hours in an accredited school of cosmetology. All fees for application, examination, registration and renewal thereof shall be the same as provided for cosmetologists.
(2) Each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section 93-11-64.
(3) Any licensed
cosmetologist, esthetician or
manicurist * * * who is registered but not actively practicing in the
State of Mississippi at the time of making application for renewal, may apply
for registration on the "inactive" list. Such "inactive"
list shall be maintained by the board and shall set out the names and post
office addresses of all persons registered but not actively practicing in this
state, arranged alphabetically by name and also by the municipalities and
states of their last-known professional or residential address. Only the
cosmetologists, estheticians, manicurists and wigologists registered on the
appropriate list as actively practicing in the State of Mississippi shall be
authorized to practice those professions. For the purpose of this section, any
licensed cosmetologist, esthetician * * * or manicurist * * * who has actively practiced his
or her profession for at least three (3) months of the immediately preceding
license renewal period shall be considered in active practice. No
cosmetologist, esthetician * * * or manicurist * * * shall be registered on the
"inactive" list until the person has furnished a statement of intent
to take such action to the board. Any licensed cosmetologist, esthetician * * * or manicurist * * * registered on the
"inactive" list shall not be eligible for registration on the active
list until either of the following conditions have been satisfied:
(a) Written application shall be submitted to the State Board of Cosmetology stating the reasons for such inactivity and setting forth such other information as the board may require on an individual basis and completion of the number of clock hours of continuing education as approved by the board; or
(b) Evidence to the satisfaction of the board shall be submitted that they have actively practiced their profession in good standing in another state and have not been guilty of conduct that would warrant suspension or revocation as provided by applicable law; and
(c) Payment of the fee for processing such inactive license shall be paid biennially in accordance to board rules.
SECTION 10. 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, manicuring or esthetics license may be licensed as a master cosmetologist, manicurist or esthetician if he or she has been a licensed cosmetologist, manicurist or esthetician in this state for a period of not less than twelve (12) months, and has completed a minimum course of sixteen (16) hours' study in 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, manicurist or esthetician licenses shall be renewable upon completion of a minimum course of eight (8) hours' study in continuing education approved by the board within a licensing period and payment of the required 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.
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 11. Section 73-7-15, Mississippi Code of 1972, is reenacted and amended as follows:
73-7-15. (1) The board shall admit to examination for a cosmetology instructor's license any person who has made application to the board in proper form, has paid the required fee, and who:
(a) Is not less than twenty-one (21) years of age;
(b) Can read, write and speak English;
(c) Is a graduate of an accredited cosmetology school;
(d) Has a high school education or its equivalent;
(e) Has successfully completed seven hundred fifty (750) hours of instructor training in an accredited school of cosmetology;
(f) Has successfully completed twelve (12) semester hours in college courses approved by the board;
(g) Holds a current, valid Mississippi cosmetology license; and
(h) Has at least two
(2) years' active practical experience as a * * * cosmetologist or, as an alternative
to such experience, has successfully completed two thousand (2,000) hours of
instructor training in an accredited school of cosmetology.
(2) The board shall admit to examination for an esthetics instructor's license any person who has made application to the board in proper form, has paid the required fee, and who:
(a) Is not less than twenty-one (21) years of age;
(b) Can read, write and speak English;
(c) Has a high school education or its equivalent;
(d) Has successfully completed six hundred (600) hours of instructor training in an accredited school in which the practice of esthetics is taught;
(e) Has successfully completed twelve (12) semester hours in college courses approved by the board;
(f) Holds a current, valid Mississippi esthetician's license; and
(g) Has had two (2) years of active practical experience as an esthetician or, as an alternative to such experience, has successfully completed one thousand (1,000) hours of instructor training in an accredited school in which the practice of esthetics is taught.
(3) The board shall admit to examination for a manicurist instructor's license any person who has made application to the board in proper form, has paid the required fee, and who:
(a) Is not less than twenty-one (21) years of age;
(b) Can read, write and speak English;
(c) Has a high school education or its equivalent;
(d) Has successfully completed six hundred (600) hours of instructor training in an accredited school in which the practice of manicuring is taught;
(e) Has successfully completed twelve (12) semester hours in college courses approved by the board;
(f) Holds a current, valid Mississippi manicurist's license; and
(g) Has had two (2) years of active practical experience as a manicurist or, as an alternative to such experience, has successfully completed one thousand (1,000) hours of instructor training in an accredited school in which the practice of manicuring is taught.
(4) Applicants shall satisfactorily pass the examination prescribed by the board for licensing instructors prior to the issuance of the licenses provided for in this section. However, the board may, in its discretion, issue a temporary instructor's permit until such time as the next examination may be held, but such applicant shall be issued only one (1) temporary permit. All applications for an instructor's examination shall be accompanied by two (2) recent head photographs of the applicant.
(5) All instructors licensed pursuant to this section shall biennially obtain twenty-four (24) clock hours of continuing education in teacher training instruction in cosmetology or esthetics or manicuring, as the case may be, as approved by the board. Any instructor who fails to obtain the continuing education required by this subsection shall not be allowed to instruct nor enroll students under his or her license until such education requirement has been met. The board may issue an inactive instructor's license to such instructors, and an inactive license may be converted into an active license after proof satisfactory to the board of completion of at least twenty-four (24) clock hours of approved continuing education required for teacher training instruction.
(6) Each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section 93-11-64.
SECTION 12. Section 73-7-16, Mississippi Code of 1972, is reenacted and 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.
* * *
The board shall require all
schools of cosmetology to only admit students who have * * * met minimum
compentencies on an acceptable aptitude test unless enrolled in a high school
cosmetology program.
* * *
SECTION 13. 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 for renewal thereof. 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 salon license will be required to pay a delinquent fee in addition to the renewal fee. A salon license that has been expired for over one (1) year is nonrenewable and requires a new application. 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 14. Section 73-7-18, Mississippi Code of 1972, is reenacted as follows:
73-7-18. (1) The board shall admit to examination for an esthetician'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 seventeen (17) years of age;
(b) Can read, write and speak English;
(c) Has a high school education or its equivalent; and
(d) Has successfully completed a course of training in esthetics of not less than six hundred (600) hours in an accredited school in which the practice of esthetics is taught, including not less than one hundred (100) hours of theory and five hundred (500) hours of skill practice.
Any licensed esthetician wishing to acquire a cosmetology license may apply the six hundred (600) hours of esthetics training toward the requirements for a cosmetology license.
(2) Every person who has completed not less than three hundred fifty (350) hours of training in esthetics approved by the board in this or any other state prior to July 1, 1987, shall be registered with the board within a period not exceeding six (6) months after July 1, 1987, and shall be granted an esthetician's license by the board if such person presents satisfactory evidence to the board that he or she has fulfilled all the requirements to be admitted to examination except the training hours requirement.
(3) 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 15. Section 73-7-19, Mississippi Code of 1972, is reenacted and amended as follows:
73-7-19. Except as provided
in Section 33-1-39, all licenses shall be renewed biennially under the fee
schedule in Section 73-7-29. Applications for renewal of licenses for
cosmetologists, estheticians, manicurists * * * and instructors must be
accompanied by the required renewal fee. A grace period of sixty (60) days
will be given in which to renew the license; and upon the expiration of the
grace period of sixty (60) days, any applicant for the renewal of a license
will be required to pay the required renewal fee and a delinquent fee in
addition to the renewal fee. The fees may be paid by either personal or
certified check, cash or money order, under such safeguards, rules and regulations
as the board may prescribe. Checks returned to the board because of
insufficient funds shall result in nonrenewal of the license, which will
require the penalty fee for insufficient fund checks plus all other amounts due
for renewal of the license before the license may be renewed. After one (1)
year has passed from the expiration date of the license, a delinquent fee must
be paid for each year up to three (3) years, after which the required
examination must be taken. All applications for examination required by this
chapter shall expire ninety (90) days from the date thereof.
Each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section 93-11-64.
SECTION 16. Section 73-7-21, Mississippi Code of 1972, is reenacted and amended as follows:
73-7-21. The board shall admit to examination for a manicurist's license any person who has made application to the board in proper form, has paid the required fee, and who:
(a) Is at least seventeen (17) years of age;
(b) Can read, write and speak English;
(c) Has successfully completed no less than three hundred fifty (350) hours of practice and related theory in manicuring and pedicuring over a period of no less than nine (9) weeks in an accredited school of cosmetology in this or any other state; and
(d) Has a high school education or its equivalent.
Licensed manicurists desiring to pursue additional hours to be eligible for a license as a cosmetologist may be credited with the three hundred fifty (350) hours acquired in studying and training to be a manicurist which may be applied to the number of hours required for a cosmetology license examination.
The board shall adopt
regulations governing the use of * * * electric nail files for
the purpose of filing false or natural * * * nails.
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 17. Section 73-7-23, Mississippi Code of 1972, is reenacted and amended as follows:
73-7-23. The board may,
upon application, issue a license by reciprocity to any cosmetologist,
esthetician * * *
or manicurist * * * over the age of seventeen (17) years from any
other state who has satisfactorily completed the required number of accredited
hours in that state, provided the state board from which the applicant comes
issues to cosmetologists, estheticians * * * or manicurists * * *, as the case may be, from
the State of Mississippi a license under the same conditions. Applications
must be accompanied by (a) proof satisfactory to the board that the required
hours have been completed, and (b) the required reciprocity fee, which shall be
paid to the board.
An instructor from any other
state may be qualified for a Mississippi instructor's * * * license upon presenting a
valid instructor's license and proof of a high school education or its
equivalent, provided that the instructor (a) has * * * completed training equivalent to the
State of Mississippi's training or has three (3) years or more of
experience as a licensed instructor prior to application, (b) can read, write
and speak English, * * * (c) has completed twelve (12) semester hours in college courses
approved by the board, and (d) has completed a minimum of five (5)
continuing education hours in Mississippi board laws, rules and regulations.
Such application must be accompanied by two (2) recent * * * passport photographs of the
applicant. Applicants shall pay the required * * * license fee.
SECTION 18. Section 73-7-25, Mississippi Code of 1972, is reenacted as follows:
73-7-25. Every demonstrator in the field of cosmetology shall, before making demonstrations in a salon or school, apply for and obtain a permit from the board. For such permit, which shall be for one (1) year, the required fee shall be paid to the board. This section shall be construed to apply to demonstrators in salons and schools.
SECTION 19. 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 board 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 board determines there is reasonable cause to believe the accused has committed any of those offenses, the secretary 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 board 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; or (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 board 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 board 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 the same manner as are enforced for 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, granting continuances only
when the ends of justice may be served. 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 of the First Judicial District of Hinds County, Mississippi,
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 First
Judicial District of Hinds County, Mississippi * * *. 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 for appeal has expired, and an appeal of the imposition of such a 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 * * * Three Hundred
Dollars ($300.00) nor more than * * * Six Hundred
Dollars ($600.00) for each violation.
(b) For the second and
each subsequent violation, a fine of not less than * * * Six Hundred
Dollars ($600.00) nor more than * * * One Thousand
Two Hundred Dollars ($1,200.00) for each violation.
The power and authority of the board 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 board 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 the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance 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 provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.
SECTION 20. Section 73-7-29, Mississippi Code of 1972, is reenacted and amended as follows:
73-7-29. The State Board of
Cosmetology shall have full authority to establish and assess fees in * * *
accordance with the following minimum guidelines:
(a) Initial license/renewal for cosmetologist,
manicurist * * * or esthetician * * *................... $ 50.00
(b) Instructor initial license/renewal....... 80.00
(c) Master cosmetologist license/renewal..... 70.00
(d) Delinquent renewal penalty - cosmetologist,
manicurist, esthetician * * * 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 underpayments by written requests from applicants. If no request for refund is made within sixty (60) days, the fees will be forfeited.
SECTION 21. 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 22. Section 73-7-33, Mississippi Code of 1972, is reenacted as follows:
73-7-33. In addition to the rules and regulations that may be prescribed and promulgated by the board 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 shall be allowed to wear any type of clothing or apparel while at work as long as such clothing or apparel is sanitary.
Cosmetologists shall be allowed to use any type of hair roller as long as they do so in a sanitary manner.
Anyone having an infectious or contagious disease shall not practice in any establishment. 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 23. 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, and cosmetologists shall be permitted to render their services to deceased persons away from their salons.
(2) No salon owner licensed
pursuant to this chapter shall allow a cosmetologist, esthetician * * *
or manicurist * * *
to practice his/her profession in the salon without possessing a valid license
issued pursuant to this chapter.
SECTION 24. Section 73-7-37, Mississippi Code of 1972, is reenacted and amended as follows:
73-7-37. (1) The violation
of any of the provisions of this chapter, including the use of fraudulent
statements to obtain any benefits or privileges under this chapter or
practicing one (1) of these professions without a license, shall constitute a
misdemeanor, punishable in any court of competent jurisdiction at the seat
of government, and any person or firm convicted of the violation of any of
the provisions of this chapter shall be fined not less than * * * One Thousand
Dollars ($1,000.00) nor more than * * * Five Thousand
Dollars ($5,000.00). The court shall not be authorized to suspend or
suspend the execution of the fine required under this section.
(2) If any person, firm or
corporation violates any of the provisions of this chapter, the secretary of
the board, upon direction of a majority of the board and in the name of the
board, acting through the Attorney General or an attorney employed by the
board, shall apply in * * * the Chancery Court of * * * the First Judicial
District of Hinds County, Mississippi, for an order enjoining such
violation or for an order enforcing compliance with the provisions of this
chapter. Upon the filing of a verified petition in the * * * chancery court and after notice
as provided under the Mississippi Rules of Civil Procedure, such court * * *, if satisfied by the
sworn petition, by affidavit or otherwise, that such person has violated any of
the provisions of this chapter, may issue an injunction without notice or bond,
enjoining such continued violation and such injunction shall remain in force
and effect until a final hearing. If at such hearing it is established that
such person has violated or is violating any of the provisions of this chapter,
the court may enter a decree permanently enjoining such violation or enforcing
compliance with this chapter. In addition, the court may enter a judgment
against such person for attorney's fees, court costs and the actual costs
incurred by the board in investigating the actions of such person for which the
board brought the suit for an injunction. In case of violation of any decree
issued in compliance with this subsection, the court may punish the offender
for contempt of court and the court shall proceed as in other cases.
(3) The proceedings in this section shall be in addition to and not in lieu of the other remedies and penalties provided in this chapter.
SECTION 25. Sections 73-7-51, 73-7-53, 73-7-55, 73-7-57, 73-7-59 and 73-7-61, Mississippi Code of 1972, which provide for wig specialist and wig salon licensure, are hereby repealed.
SECTION 26. Section 73-7-63, Mississippi Code of 1972, which provides an automatic repealer on the Cosmetology Practice Act, is hereby repealed.
SECTION 27. Section 73-7-71, Mississippi Code of 1972, is reenacted and amended 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 * * *
website 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 * * *, or barbers * * * licensed to practice in
Mississippi in their respective fields.
SECTION 28. This act shall take effect and be in force from and after July 1, 2013.