MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Public Health and Welfare
By: Senator(s) Burton, Tollison
AN ACT TO AMEND SECTION 73-7-7, MISSISSIPPI CODE OF 1972, TO REMOVE WIGOLOGY AND TO PROVIDE A GRANDFATHER PROVISION FOR THE PRACTICE OF WIGOLOGY AS IT EXISTED PRIOR TO JULY 1, 2013; TO AMEND SECTION 73-7-13, MISSISSIPPI CODE OF 1972, TO INCREASE THE CREDIT HOURS REQUIRED FOR BARBERS TO BE LICENSED IN COSMETOLOGY; TO AMEND SECTION 73-7-14, MISSISSIPPI CODE OF 1972, TO INCREASE THE CONTINUING EDUCATION REQUIREMENTS FOR INITIAL AND RENEWAL FOR MASTER COSMETOLOGIST, MANICURIST OR ESTHETICIAN LICENSES; TO AMEND SECTION 73-7-16, MISSISSIPPI CODE OF 1972, TO CLARIFY THE ADMISSION REQUIREMENTS THAT SCHOOLS OF COSMETOLOGY MUST FOLLOW ON ADMITTING STUDENTS; TO AMEND SECTION 73-7-27, MISSISSIPPI CODE OF 1972, TO INCREASE THE RANGE OF FINES IMPOSED BY THE BOARD OF COSMETOLOGY; TO AMEND SECTION 73-7-29, MISSISSIPPI CODE OF 1972, TO INCREASE THE FEES ASSESSED BY THE BOARD OF COSMETOLOGY; TO AMEND SECTION 73-7-33, MISSISSIPPI CODE OF 1972, TO CLARIFY CERTAIN SANITATION RULES GOVERNING A HOME SALON; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 73-7-7, Mississippi Code of 1972, is amended 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.
(5) Nothing in this chapter shall be construed to force any person holding a wig specialist license or a wig salon license prior to July 1, 2013, as issued by the Mississippi State Board of Cosmetology to take additional training in order to continue his or her practice as it existed prior to July 1, 2013, or from continuing operating a wig salon under the requirements of this chapter as they existed prior to July 1, 2013. Any such person shall be eligible to receive a certificate of registration issued by the board. After July 1, 2013, the board shall not issue licenses for the practice of wigology and shall issue licenses and certifications only as provided under the provisions of this chapter.
SECTION 2. 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 * * * six hundred (600)
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 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 3. Section 73-7-14, Mississippi Code of 1972, is amended 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 * * *
thirty-two (32) 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 * * * sixteen (16) 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 4. Section 73-7-16, Mississippi Code of 1972, is amended 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 * * * possess a high school
diploma or its equivalency unless enrolled in a high school cosmetology
program.
SECTION 5. Section 73-7-27, Mississippi Code of 1972, is 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 Fifty Dollars ($50.00) 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 6. Section 73-7-29, Mississippi Code of 1972, is amended as follows:
73-7-29. (1) The State Board of Cosmetology shall assess fees in the following amounts and for the following purposes:
(a) Initial license/renewal for cosmetologist,
manicurist * * * or esthetician * * *........... $ * * *70.00
(b) Instructor initial
license/renewal............................................... * * *100.00
(c) Master
cosmetologist, manicurist or esthetician license/renewal.................................
* * *90.00
(d) Delinquent renewal penalty - cosmetologist,
manicurist, esthetician * * * and instructor.... * * *75.00
There shall be no renewal fee for any licensee seventy (70) years of age or older.
(e) Salon application and initial
inspection....................................... * * *105.00
(f) Salon reinspection...............
* * *55.00
(g) Salon change of ownership or location,
or both........................................ * * *105.00
(h) Salon renewal....................
* * *80.00
(i) Salon delinquent
renewal penalty. * * *75.00
(j) Application and initial inspection for a
new school...................................... * * *350.00
(k) New school
reinspection.......... * * *100150.00
(l) School change of
ownership....... * * *350.00
(m) School relocation................
* * *200.00
(n) School renewal...................
* * *95.00
(o) School delinquent
renewal penalty * * *150.00
(p) Duplicate license................
* * *50.00
* * *
( * * *q) Affidavit processing....... * * *40.00
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 7. Section 73-7-33, Mississippi Code of 1972, is amended as follows:
73-7-33. In addition to the rules and regulations that may be prescribed and promulgated by the 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 * * * during
hours of operation.
SECTION 8. The provisions of Section 1 of this act shall take effect and be in force from and after its passage. The remaining sections of this act shall take effect and be in from and after July 1, 2014.