MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Public Health and Human Services
By: Representative Currie
AN ACT TO CREATE NEW SECTION 73-5-2, MISSISSIPPI CODE OF 1972, TO CREATE THE STATE BOARD OF COSMETOLOGY AND BARBERING TO REGULATE THE PRACTICE OF COSMETOLOGY AND THE PRACTICE OF BARBERING IN THE STATE; TO AMEND SECTIONS 73-5-3, 73-5-5, 73-5-7, 73-5-8, 73-5-11, 73-5-12, 73-5-15, 73-5-17, 73-5-19, 73-5-25, 73-5-27, 73-5-31, 73-5-33, 73-5-35, 73-5-41, 73-5-43, 73-5-45, 73-7-2, 73-7-12, 73-7-13, 73-7-29 AND 73-7-31, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING PROVISIONS; TO BRING FORWARD SECTIONS 73-5-9, 73-5-21, 73-5-23, 73-5-29, 73-5-37, 73-5-39, 73-7-7, 73-7-9, 73-7-11, 73-7-14, 73-7-15, 73-7-16, 73-7-17, 73-7-18, 73-7-19, 73-7-21, 73-7-23, 73-7-25, 73-7-27, 73-7-33, 73-7-35 AND 73-7-37, MISSISSIPPI CODE OF 1972, FOR THE PURPOSES OF POSSIBLE AMENDMENT; TO REPEAL SECTIONS 73-7-1, 73-7-3, 73-7-5 AND 73-7-63, MISSISSIPPI CODE OF 1972, WHICH CREATE THE STATE BOARD OF COSMETOLOGY, PROVIDE FOR EMPLOYEES OF THE BOARD AND COMPENSATION OF BOARD MEMBERS, PROVIDE FOR A SPECIAL FUND FOR THE OPERATION OF THE BOARD, AND PROVIDE FOR THE REPEAL OF THE STATUTES THAT CREATE THE BOARD AND PRESCRIBE ITS POWERS AND DUTIES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 73-5-2, Mississippi Code of 1972:
73-5-2. (1) There is created the State Board of Cosmetology and Barbering to be composed of ten (10) members appointed by the Governor, with the advice and consent of the Senate. Five (5) members shall be licensed cosmetologists and five (5) members shall be licensed barbers. No more than three (3) members shall be appointed from the same congressional district. All appointments shall be for terms of four (4) years.
(2) All members shall continue to serve until their successors are duly qualified. Where a vacancy occurs due to resignation, removal, or death, the Governor shall appoint a member to complete the unexpired balance of the vacating member's term. Any member who misses two (2) consecutive meetings of the board except for illness automatically vacates his or her position on the board and the Governor shall make an appointment to fill the vacancy.
(3) To be eligible for appointment to the board, a person must have been licensed in the state as a cosmetologist or barber for five (5) years, and have at least ten (10) years' active experience in cosmetology or barbering immediately preceding appointment. No more than two (2) members may be graduates of the same cosmetology or barbering school, and no member may have any financial interest in, or be an instructor in, a school of cosmetology or barbering.
(4) The board shall select a chair, who shall serve for one (1) year. The chair shall rotate between members on an annual basis, with the chair alternating between a barber member and a cosmetologist member each year. The board shall meet quarterly, and at such other times as determined necessary by the chair.
(5) The State Board of Cosmetology and Barbering shall be the State Board of Cosmetology and the State Board of Barber Examiners, and shall have all powers and duties conferred upon those boards in law. Whenever the term "State Board of Cosmetology" or "State Board of Barber Examiners" appear in any law, rule, regulation or document, it shall mean the State Board of Cosmetology and Barbering.
SECTION 2. Section 73-5-3, Mississippi Code of 1972, is amended as follows:
73-5-3. The State Board of Cosmetology and Barbering shall elect a president and secretary and shall adopt and use a common seal for the authentication of its records and orders. The secretary shall keep a record of all proceedings and acts of the board and an accurate account of all funds received and disbursed, which shall be considered as public records.
The * * * members of the board shall
execute and file with the Secretary of State a bond in the sum of Ten Thousand
Dollars ($10,000.00) conditioned according to law, the bond to be made in a
surety company authorized to do business in this state and approved by the
Governor. The premium for the bond shall be paid out of the funds in the
board's special fund in the State Treasury.
* * * Three (3) cosmetologist members
and three (3) barber members of the board shall constitute a quorum, and it
is authorized to perform the requirements of this chapter and Section 73-7-2
et seq. at any regular or special meeting called for that purpose.
Each member of the board
shall receive per diem in accordance with Section 25-3-69 when actually
attending to the work of the board or any of its committees, and shall be
reimbursed for traveling expenses in accordance with Section 25-3-41 in
carrying out the provisions of this chapter and Section 73-7-2 et seq.
The board 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 shall employ the
necessary personnel to carry out the provisions of this chapter and Section
73-7-2 et seq., and maintain and pay the expenses of an office to be
located in the City of Jackson. 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 * * * licensees under this chapter and
Section 73-7-2 et seq. and require the faithful performance of their
duties.
SECTION 3. Section 73-5-5, Mississippi Code of 1972, is amended as follows:
73-5-5. (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 and Section 73-7-2 et seq. 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 disbursements from the special fund shall be made by the State Treasurer only upon warrants issued by the State Fiscal Officer upon requisitions signed by the president of the board 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 short in any account until such time as it shall be definitely determined whether such shortage was the result of an act of dishonesty on the part of the member.
SECTION 4. Section 73-5-7, Mississippi Code of 1972, is amended as follows:
73-5-7. (1) The board * * * shall have authority to
make reasonable rules and regulations for the administration of the provisions
of this chapter. * * *
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. The
board * * * shall adopt regulations for the guidance of registered
barbers in the operation of a shop and in the practice of barbering except,
however, it shall be optional with the individual barber as to whether he or
she uses a mug. Any member or designee of the board * * * shall have the authority to
enter upon and inspect any barbershop or barber school at anytime during
business hours. A copy of the rules and regulations of the * * * board * * * shall be furnished to the
owner or manager of each shop and barber school affected by this chapter, and
such copy shall be posted in a conspicuous place in such barbershop or barber
school.
(2) The board shall have authority to establish rules and regulations governing schools of barbering in this state except those schools operated by a state institution of higher learning or by a public community or junior college. The board shall have further authority to establish curriculum for such regulated schools of barbering in this state.
Each regulated school of barbering shall submit the following to the board before enrolling students:
(a) The address of proposed school, and the type and size of building in which the school is to be located;
(b) The names and addresses of owners and officers of such school, and the names, addresses and instructor license number of managers, supervisors and instructors of such school;
(c) A list of equipment and teaching aids; and
(d) A copy of the contract to be used between the school and the student.
All regulated schools of
barbering in the State of Mississippi shall be required to maintain a surety
bond in the amount of Twenty-five Thousand Dollars ($25,000.00) to ensure that * * * if a school ceases
operation, that all unused tuition fees will be refunded to the students
concerned. This bond shall remain in effect for the duration of the school's
operation.
(3) The board * * * shall adopt rules and
regulations establishing a procedure for the processing and investigation of
complaints filed with the board. The board shall keep records of all
complaints, and such records shall indicate the action taken on the complaints.
(4) The board * * * shall keep a record of its
proceedings relating to the issuance, refusal, suspension and revocation of
certificates of registration. The record shall also contain the name, place of
business and the residence of each registered barber, and the date and number
of his certificate of registration. The record shall be open to public
inspection at all reasonable times.
SECTION 5. Section 73-5-8, Mississippi Code of 1972, is amended as follows:
73-5-8. Any person is qualified to receive a certificate of registration as a barber instructor who:
(a) Is eighteen (18) years of age or older;
(b) Is of good moral and temperate habits;
(c) Is able to read, write and speak English;
(d) Possesses a high school education or its equivalent;
(e) Has successfully
completed not less than fifteen hundred (1500) hours at a barbering school
approved by the * * * board * * * and holds a valid certificate of registration to
practice barbering;
(f) Has (i) not less than two (2) years of active experience as a registered barber and has successfully completed not less than six hundred (600) hours of barber instructor training at a school approved by the board, or (ii) less than two (2) years of active experience as a registered barber and has successfully completed not less than one thousand (1,000) hours of barber instructor training at a school approved by the board; and
(g) Has passed a satisfactory examination conducted by the board to determine his fitness to practice as a barber instructor.
All persons who have received a certificate of registration as a barber instructor from the board before July 1, 2002, shall be considered to have met the requirements of this section, and all those certificates of registration shall be renewable as otherwise provided in this chapter.
The board will implement an
active and inactive instructor license. In order to renew an active license,
instructors holding an active license shall be required to submit proof of
twelve (12) hours of continuing education each year to the board * * *. That education shall be
acquired in classes or trade shows teaching materials that are approved by the
board. Instructors holding an inactive license shall be required to submit
proof of twelve (12) hours continuing education before upgrading to an active
status.
SECTION 6. Section 73-5-9, Mississippi Code of 1972, is brought forward as follows:
73-5-9. (1) No person shall practice or attempt to practice barbering in the State of Mississippi without a certificate of registration as a registered barber issued pursuant to the provisions of this chapter.
(2) No person shall be a barber instructor in the State of Mississippi without a certificate of registration as a barber instructor issued pursuant to the provisions of this chapter.
(3) Any person or persons who violates any provision of this chapter shall be guilty of a misdemeanor, punishable upon conviction in a court of competent jurisdiction as follows:
(a) For the first offense, by a fine of not less than Twenty-five Dollars ($25.00) nor more than Five Hundred Dollars ($500.00);
(b) For the second offense, by a fine of not less than Five Hundred One Dollars ($501.00) nor more than One Thousand Dollars ($1,000.00);
(c) For the third and any later offense, by imprisonment for not less than five (5) days nor more than six (6) months in the county jail.
SECTION 7. Section 73-5-11, Mississippi Code of 1972, is amended as follows:
73-5-11. (1) To be eligible
for enrollment at a barbering school approved by the board * * *, a person shall have a high
school education or its equivalent, and/or shall have satisfactorily passed the
ability-to-benefit examinations approved by the U.S. Department of Education.
(2) Any person is qualified to receive a certificate of registration to practice barbering:
(a) Who is qualified under the provisions of this chapter;
(b) Who is of good moral character and temperate habits;
(c) Who has completed
not less than fifteen hundred (1500) hours at a barbering school approved by
the * * *
board * * *; and
(d) Who has passed a satisfactory examination conducted by the board of examiners to determine his fitness to practice barbering.
(3) A temporary permit to
practice barbering until the next examination is given may be issued to a
student who has completed not less than fifteen hundred (1500) hours at a
barbering school approved by the board * * *. In no event shall a
person be allowed to practice barbering on a temporary permit beyond the date
the next examination is given, except because of personal illness.
SECTION 8. Section 73-5-12, Mississippi Code of 1972, is amended as follows:
73-5-12. Any cosmetologist
who can read, write and speak English and has successfully completed not less
than fifteen hundred (1500) hours in an accredited school of cosmetology, and
holds a valid, current license, shall be eligible to take the barber
examination to secure a certificate of registration as a barber upon
successfully completing six hundred (600) hours in a barber school approved by
the board * * *.
All fees for application, examination, registration and renewal thereof shall be the same as provided for in this chapter.
SECTION 9. Section 73-5-15, Mississippi Code of 1972, is amended as follows:
73-5-15. Each applicant for an examination shall:
Make application to the
board * * * on blank forms prepared and furnished by the board, such
application to contain proof under the applicant's oath for the particular
qualifications of the applicant; and,
Furnish to the board, at the time of the filing of such application, two (2) five-inch (5") X three-inch (3") signed photographs of the applicant, one (1) to accompany the application, and one (1) to be returned to the applicant to be presented to the board when the applicant appears for examination; and,
Pay to the board the required 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 * * *.
SECTION 10. Section 73-5-17, Mississippi Code of 1972, is amended as follows:
73-5-17. The board * * * shall conduct examinations
of applicants for certificates of registration to practice as registered
barbers not less than three (3) times a year, which examination shall be had in
some town or city selected by the examining board. Examinations of applicants
for certificates of registration as barber instructors shall be conducted at a
time and place selected by the examining board.
The examination of applicants for certificates of registration as registered barbers shall include both a practical demonstration and a written and oral test, and shall embrace the subjects usually practiced in a duly licensed shop of Mississippi under the direct and personal supervision of a registered barber. The examination of applicants for certificates of registration as barber instructors shall include such subjects as the board deems necessary to determine the applicant's fitness to practice as a barber instructor.
SECTION 11. Section 73-5-19, Mississippi Code of 1972, is amended as follows:
73-5-19. Whenever the
applicable provisions of this chapter have been complied with, the board * * * shall issue a certificate
of registration as a registered barber or barber instructor, as the case may
be.
SECTION 12. Section 73-5-21, Mississippi Code of 1972, is brought forward as follows:
73-5-21. Any person possessed of the following qualifications shall, upon payment of the required fee, receive a certificate of registration as a registered barber:
(a) Is at least eighteen (18) years old;
(b) Is of good moral character and temperate habits; and
(c) Either has a license or certificate of registration as a practicing barber in another state or country that has substantially the same requirements for licensing or registration of barbers as are contained in this chapter, or can prove by sworn affidavits that he has lawfully practiced as a barber in another state or country for at least five (5) years immediately before making application in this state, or can show to the satisfaction of the board that he had held a rating in a branch of the military service for two (2) or more years that required him to perform the duties of a barber. The issuance of a certificate of registration by reciprocity to a military-trained applicant or military spouse shall be subject to the provisions of Section 73-50-1.
In addition to the above, the board may require the applicant to successfully demonstrate sufficient knowledge of the Barber Law of the State of Mississippi, as well as sufficient practical skill by requiring the applicant to take a practical examination approved by the board.
SECTION 13. Section 73-5-23, Mississippi Code of 1972, is brought forward as follows:
73-5-23. (1) Every holder of a certificate of registration as a registered barber shall display it in a conspicuous place adjacent to or near his or her work chair, and in plain view of the patrons of the shop in which he or she is engaged at work.
(2) It shall be the responsibility of all owners, managers, or persons in charge of a barbershop at the time of an inspection to ensure that all licenses are displayed at all times.
(3) Any owner or barber found in violation of this section shall be fined not less than Twenty-five Dollars ($25.00) nor more than Five Hundred Dollars ($500.00).
SECTION 14. Section 73-5-25, Mississippi Code of 1972, is amended as follows:
73-5-25. (1) The board * * * may refuse to issue, or may
suspend definitely or indefinitely, or revoke any certificate of registration
or license for any one (1) or a combination of the following causes:
(a) Conviction of a felony shown by a certified copy of the judgment of court in which such conviction is had, unless upon a full and unconditional pardon of such convict, and upon satisfactory showing that such convict will in the future conduct himself in a law-abiding way.
(b) Gross malpractice or gross incompetency.
(c) Continued practice by a person knowingly having an infectious or contagious disease.
(d) Advertising, practicing or attempting to practice under a trade name or name other than one's own.
(e) Habitual drunkenness or habitual addiction to the use of morphine, cocaine or habit-forming drug, or any other illegal controlled substances.
(f) Immoral or unprofessional conduct.
(g) Violation of regulations that may be prescribed as provided for in Sections 73-5-7 through 73-5-43.
(2) In addition to the causes specified in subsection (1) of this section, the board shall be authorized to suspend the certificate of registration of any person for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a certificate for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a certificate suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a certificate suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163. 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 15. Section 73-5-27, Mississippi Code of 1972, is amended as follows:
73-5-27. The board * * * may neither refuse to
suspend or revoke, nor revoke or suspend any certificate of registration as a
registered barber or barber instructor, for any of the causes enumerated in
this chapter, unless the holder of such certificate has been given at least
twenty (20) days' notice, in writing by registered mail, signed by the
president and secretary of the board * * *, setting forth the charges
against such holder of such certificate and naming the time and place for a
hearing upon the charge or charges, and a public hearing thereof by the board * * *. The person shall return a
written response within ten (10) business days acknowledging receipt of the
letter and confirmation of attendance at the board hearing no later than the
close of business of the tenth day.
Upon the hearing of any such charge or charges the board may issue all subpoenas for all necessary witnesses for and against the accused, and require their attendance upon such hearing, may administer oaths, and may procure by process the production of all necessary books and papers, bearing or touching upon such charges against the accused.
SECTION 16. Section 73-5-29, Mississippi Code of 1972, is brought forward as follows:
73-5-29. The fee for taking an examination as a registered barber shall be in the sum of not more than Fifty-five Dollars ($55.00), and the further sum of not more than Forty-five Dollars ($45.00) shall be required for the issuance of a certificate for the registered barber. The fee for taking an examination as a registered barber instructor shall be in the sum of not more than Fifty-five Dollars ($55.00), and the further sum of not more than Fifty Dollars ($50.00) shall be required for the issuance of a certificate of registration for the registered barber instructor. A fee of not more than One Hundred Fifty Dollars ($150.00) shall be required for the issuance of a certificate of registration to a practicing barber of another state as authorized by Section 73-5-21. Likewise, an annual renewal fee payable on the anniversary date of the issuance of each certificate of registration as a registered barber of not more than Forty-five Dollars ($45.00) shall be charged for the issuance of the renewal of the certificate; an annual renewal fee payable on the anniversary date of the issuance of each certificate of registration as a registered barber instructor of not more than Fifty Dollars ($50.00) shall be charged for the issuance of the renewal of the certificate; however, the renewal fee for a registered barber and barber instructor who is sixty-five (65) years of age or older shall be not more than Thirty Dollars ($30.00). No renewal fee shall be charged for registered barbers and barber instructors who are at least seventy-two (72) years of age. A fee of Ten Dollars ($10.00) for each year or any portion thereof in addition to payment of all unpaid renewal fees in arrears and the regular renewal fee shall be required for the restoration of expired certificates of registration issued pursuant to this chapter. Additionally, in order to restore any certificate of registration issued under this chapter that has been expired for a period of five (5) years or longer, the holder thereof must retake and pass the appropriate examination. A penalty of Ten Dollars ($10.00) in addition to payment of all unpaid renewal fees in arrears and the regular renewal fee shall be required for the restoration of certificates that have expired for a period of thirty (30) to sixty (60) days. A penalty of Twenty-five Dollars ($25.00) in addition to payment of all unpaid renewal fees in arrears and the regular renewal fee shall be required for the restoration of certificates that have been expired for a period greater than sixty (60) days.
The board may adopt and spread upon its minutes the rules and regulations for the issuance of a duplicate certificate for which a fee of not more than Ten Dollars ($10.00) may be charged. However, each duplicate certificate issued shall have stamped across its face the word "duplicate" and shall bear the number of the original certificate in lieu of which it is issued.
SECTION 17. Section 73-5-31, Mississippi Code of 1972, is amended as follows:
73-5-31. The board is * * * authorized to receive applications for
and give examinations to persons who have not become legal residents of the
State of Mississippi when such applicants comply with the laws and regulations
of * * * the
board and are authorized to issue a certificate or license, as the case may be,
as fully as if * * *
the applicant was a resident of the State of Mississippi. However, the
board is authorized to charge a sum of not more than Twenty Dollars ($20.00) in
addition to the other fees charged a resident applicant to cover the necessary
expenses in making any investigation or obtaining information concerning said
applicant. Upon the successful compliance with the laws of this state, such
nonresident may be issued a certificate or license as a resident.
SECTION 18. Section 73-5-33, Mississippi Code of 1972, is amended as follows:
73-5-33. (1) The board shall issue a license for each barbershop in operation in the State of Mississippi, and the board shall prescribe the rules and regulations and circulate the information necessary to obtain a license for the barbershop. A fee of not more than Fifteen Dollars ($15.00) for each chair manned by a registered barber located in the shop shall be required for the issuance of the license, and the same fee shall be required for a renewal of the license to the shop, the renewal due on the anniversary date of each year. A fee of not more than Twenty-five Dollars ($25.00) in addition to the regular renewal fee shall be required for restoration of any license that has expired for more than thirty (30) days. Any barbershop license having passed the second year anniversary date, in delinquency, shall be required to have a new shop inspection and shall hereafter pay an initial fee of not more than Forty-five Dollars ($45.00) in addition to all other fees required for restoration.
(2) All barbershop owners
shall be responsible for employing only licensed barbers in the shop. Any
barbershop owner found by the board * * * to employ an unlicensed
barber or barbers shall be fined Five Hundred Dollars ($500.00) payable into
the State General Fund, and shall be subject to closure until those violations
are corrected. For any later violation, the fine shall be One Thousand Dollars
($1,000.00). Any barbershop operating within the State of Mississippi without
a license after July 1, 1968, shall be subjected to closing by a proper order
of a court of competent jurisdiction upon a proper showing that it has failed
to comply with the terms of this chapter.
(3) The board may assess against any barbershop owner found to employ an unlicensed barber or barbers any of the following costs that are expended by the board in the conduct of a proceeding for violation of subsection (2): court filing fees, court costs and the cost of serving process. Any monies collected by the board under this subsection (3) shall be deposited into the special fund operating account of the board.
(4) All new barbershops or change of ownership or location of barbershops shall hereafter pay an initial fee of not more than Twenty-five Dollars ($25.00) in addition to all other fees required before beginning business. The fee shall not be transferable upon change of ownership or location.
(5) All licensees shall
notify the * * *
board * * * of the location of the barbershop at which they are
employed.
SECTION 19. Section 73-5-35, Mississippi Code of 1972, is amended as follows:
73-5-35. All barber schools operated in this state shall pay an annual license fee of One Hundred Dollars ($100.00) and the same fee shall be required for renewal of the license to each such school on July 1 of each year. A fee of not more than Twenty-five Dollars ($25.00) shall be required for restoration of an expired license that has been expired for a period of at least thirty (30) days of the renewal date.
The license to operate those
schools shall be issued by the board * * * after approval by the
board. This license shall not be transferable for any cause and must be
renewed annually.
All barber schools operated in this state shall be under the direct supervision of a registered barber instructor at all times.
SECTION 20. Section 73-5-37, Mississippi Code of 1972, is brought forward as follows:
73-5-37. Except as provided in Section 33-1-39, every registered barber and barber instructor who continues in active practice or service shall annually on or before the anniversary date of the issuance of his certificate of registration renew the certificate by paying the required fee and meeting all applicable requirements of the State Board of Health. Every certificate of registration which has not been renewed within thirty (30) days of its anniversary date shall expire. A registered barber or barber instructor whose certificate of registration has expired may have his certificate restored immediately upon payment of the renewal fee plus the required restoration fee.
SECTION 21. Section 73-5-39, Mississippi Code of 1972, is brought forward as follows:
73-5-39. Any one (1) or any combination of the following practices (when done upon the upper part of the human body for cosmetic purposes and not for the treatment of diseases, or physical or mental ailment, and when done for payment either directly or indirectly, or without payment, for the public generally) constitutes the practice of barbering:
Shaving, trimming the beard or cutting the hair by use of any electric instruments, razors or shears;
Giving facial or scalp massages or treatments with oils, creams, lotions or other preparations, either by hand or mechanical devices;
Singeing, shampooing, coloring or dyeing of the hair or beard, or any chemical services as pertains to hair perms, hair color or straightening;
Applying cosmetic preparations, antiseptics, powders, clays or lotions to scalp, face, neck or upper part of the body.
SECTION 22. Section 73-5-41, Mississippi Code of 1972, is amended as follows:
73-5-41. The following
persons are exempt from the provisions of this chapter, wholly in the proper
discharge of their professional duties * * *:
Persons authorized by the law of Mississippi to practice medicine and surgery.
Commissioned medical or surgical officers of the United States Army, Navy or Marine hospital service.
Registered nurses.
Cosmetologists, * * * except where the language of
this chapter specifically refers to cosmetologists.
The provisions of
this section shall not be construed to authorize any of the persons exempted to
shave, trim the beard, or cut the hair of any person, or perform any other act
that constitutes barbering, for cosmetic purposes, with the exception of * * * licensed * * * cosmetologists.
SECTION 23. Section 73-5-43, Mississippi Code of 1972, is amended as follows:
73-5-43. Each of the following constitutes a misdemeanor, punishable in any court of competent jurisdiction, upon conviction thereof, by a fine of not less than Twenty-five Dollars ($25.00) nor more than One Thousand Dollars ($1,000.00):
The violation of any of the provisions of Sections 73-5-9, 73-5-33 and 73-5-23; or
Any acts or threats of violence against any members or employees of the board; or
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; or
Practicing or attempting to
practice by fraudulent * * *
misrepresentation; or
The willful failure to display a certificate of registration as required by Section 73-5-23; or
The use of any room or place for barbering which is also used for residential or business purpose (except for the sale of hair tonics, lotions, creams, cutlery, toilet articles, cigars, tobacco and such commodities as are used or sold in a barbershop) unless a substantial partition of ceiling height separates the portion used for the residence or business purpose from that in which such practice of barbering is carried on.
SECTION 24. Section 73-5-45, Mississippi Code of 1972, is amended as follows:
73-5-45. Sections 73-5-1
through 73-5-43, Mississippi Code of 1972, which create the State Board of
Barber Examiners and prescribe its duties and powers, and Sections 73-7-2
through 73-7-37, which provide for licensure and regulation of the practice of
cosmetology, shall stand repealed * * * on July 1, 2016.
SECTION 25. Section 73-7-2, Mississippi Code of 1972, is amended as follows:
73-7-2. As used in this chapter, the following terms shall have the meanings ascribed herein unless the context otherwise requires:
(a) "Board" means the State Board of Cosmetology and Barbering created by Section 73-5-2.
(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 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.
SECTION 26. Section 73-7-7, Mississippi Code of 1972, is brought forward as follows:
73-7-7. (1) 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, 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.
(2) The board shall have authority to prescribe reasonable rules and regulations governing sanitation of schools of cosmetology and beauty salons for the guidance of persons licensed under this chapter in the operation of schools of cosmetology, or a beauty salon, and in the practice of cosmetology, esthetics, manicuring and pedicuring, and wigology. However, any and all rules and regulations relating to sanitation shall, before adoption by the board, have the written approval of the State Board of Health. When the board has reason to believe that any of the provisions of this chapter or of the rules and regulations of the board have been violated, either upon receipt of a written complaint alleging such violations or upon the board's own initiative, the board, or any of its authorized agents, shall investigate same and shall have authority to enter upon the premises of a school of cosmetology or salon at any time during the regular business hours of that school or salon to conduct the investigation. Such investigation may include, but not be limited to, conducting oral interviews with the complaining party, school or salon owner(s) and/or students of the school, and reviewing records of the school or salon pertinent to the complaint and related to an area subject to the authority of the board. Such investigation shall not include written interviews or surveys of school employees or students, and the privacy of patrons shall be respected by any person making such investigation.
(3) 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.
(4) 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 27. Section 73-7-9, Mississippi Code of 1972, is brought forward 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 28. Section 73-7-11, Mississippi Code of 1972, is brought forward as follows:
73-7-11. Each owner of a license issued by the board under the provisions of this chapter shall display the license in a conspicuous place in his or her principal office, place of business or employment, at all times.
Each license shall contain a head photograph of the license holder, the person's name, and the type of license held by the person. The requirements of this section shall apply at the time of issuance of a new license or at the time of renewal of an existing license.
SECTION 29. Section 73-7-12, Mississippi Code of 1972, is amended as follows:
73-7-12. The * * * board * * * 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 30. Section 73-7-13, Mississippi Code of 1972, is amended as follows:
73-7-13. (1) The board shall admit to examination for a cosmetology license any person who has made application to the board in proper form, has paid the required fee, and who (a) is at least seventeen (17) years of age, (b) can read, write and speak English, (c) has successfully completed no less than fifteen hundred (1500) hours over a period of no less than nine (9) months in an accredited school of cosmetology, and (d) has a high school education or its equivalent.
(a) 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.
(b) 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.
(c) 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 and manicurists 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, manicurist or wigologist registered on the "inactive" list shall not be eligible for registration on the active list until either of the following conditions have been satisfied:
(a) Written
application shall be submitted to the * * * board * * * 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 31. Section 73-7-14, Mississippi Code of 1972, is brought forward as follows:
73-7-14. (1) 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.
(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, Mississippi Code of 1972.
SECTION 32. Section 73-7-15, Mississippi Code of 1972, is brought forward 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 33. Section 73-7-16, Mississippi Code of 1972, is brought forward as follows:
73-7-16. (1) 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.
(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) The board shall require all schools of cosmetology to only admit students who met minimum competencies on an acceptable aptitude test unless enrolled in a high school cosmetology program.
SECTION 34. Section 73-7-17, Mississippi Code of 1972, is brought forward as follows:
73-7-17. (1) 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.
(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, Mississippi Code of 1972.
SECTION 35. Section 73-7-18, Mississippi Code of 1972, is brought forward 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 36. Section 73-7-19, Mississippi Code of 1972, is brought forward as follows:
73-7-19. (1) 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.
(2) Each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section 93-11-64.
SECTION 37. Section 73-7-21, Mississippi Code of 1972, is brought forward as follows:
73-7-21. (1) 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.
(2) 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.
(3) The board shall adopt regulations governing the use of electric nail files for the purpose of filing false or natural nails.
(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 38. Section 73-7-23, Mississippi Code of 1972, is brought forward as follows:
73-7-23. (1) 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.
(2) 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) is not less than twenty-one (21) years of age, (b) has completed training equivalent to the State of Mississippi's training as provided in Section 73-7-15 or has three (3) years or more of experience as a licensed instructor prior to application, (c) can read, write and speak English, (d) has completed twelve (12) semester hours in college courses approved by the board, and (e) 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.
(3) An applicant for a Mississippi instructor's license by reciprocity who has not completed the college courses requirement at the time of application may apply for a one-time temporary teaching permit, which shall be valid for six (6) months and shall be nonrenewable. Such application must be accompanied by proof of enrollment in college course(s), required permit fee, two (2) recent passport photographs of the applicant and other documentation as required for application for a Mississippi instructor's license by reciprocity. Upon proof of completion of college courses and payment of the required license fee, a Mississippi instructor's license shall be issued.
(4) The issuance of a license by reciprocity to a military-trained applicant or military spouse shall be subject to the provisions of Section 73-50-1.
SECTION 39. Section 73-7-25, Mississippi Code of 1972, is brought forward 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 40. Section 73-7-27, Mississippi Code of 1972, is brought forward 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 Fifty Dollars ($50.00) nor more than One Hundred Dollars ($100.00) for each violation.
(b) For the second and each subsequent violation, a fine of not less than One Hundred Dollars ($100.00) nor more than Four Hundred Dollars ($400.00) 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 41. Section 73-7-29, Mississippi Code of 1972, is amended as follows:
73-7-29. The * * * board * * * shall assess fees in the
following amounts and for the following purposes:
(a) Initial license/renewal for cosmetologist,
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,
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 * * * board * * * may charge additional fees for
services which the board deems appropriate to carry out its intent and
purpose. These additional fees shall not exceed the cost of rendering the
service.
The board 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 42. 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 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 * * *.
(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 43. Section 73-7-33, Mississippi Code of 1972, is brought forward 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.
Persons with a communicable disease or parasitic infection that is medically recognized to be a direct threat of transmission by the type of contact that practitioners have with clients are not to be permitted to practice in an establishment until their condition is no longer communicable under those circumstances. 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 44. Section 73-7-35, Mississippi Code of 1972, is brought forward 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 45. Section 73-7-37, Mississippi Code of 1972, is brought forward 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 Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00). 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 46. Sections 73-7-1, 73-7-3, 73-7-5 and 73-7-63, Mississippi Code of 1972, which create the State Board of Cosmetology, provide for employees of the board and compensation of board members, provide for a special fund for the operation of the board, and provide for the repeal of the statutes that create the board and prescribe its powers and duties, are repealed.
SECTION 47. This act shall take effect and be in force from and after July 1, 2014.