MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Public Health and Welfare
By: Senator(s) Browning, Jackson (15th), Jolly, Hale, Harkins, Hill, Dawkins, Chassaniol
AN ACT TO AMEND SECTION 73-7-5, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ALL FEES RECEIVED BY THE STATE BOARD OF COSMETOLOGY SHALL BE DEPOSITED INTO THE STATE GENERAL FUND AND THE OPERATIONS OF THE BOARD SHALL BE FUNDED SUBJECT TO APPROPRIATION BY THE LEGISLATURE FROM THE STATE GENERAL FUND; TO AMEND SECTION 73-7-7, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT PRIOR TO ISSUING A CITATION ASSESSING A FINE AGAINST ANY LICENSEE FOR A VIOLATION OF A RULE OR REGULATION THE STATE BOARD OF COSMETOLOGY SHALL ISSUE A WARNING NOT LESS THAN ONE WEEK PRIOR THERETO; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 73-7-5, Mississippi Code of 1972, is amended as follows:
73-7-5. (1) Effective
July 1, 2015, all fees and any other monies received by the board shall be
deposited * * * into the State General Fund and the operations of the State
Board of Cosmetology for the administration of the cosmetology licensure
practice act shall be subject to an annual appropriation by the Legislature
from the State General Fund. The State Board of Cosmetology shall make an
annual budget request to the Legislative Budget Office for its appropriation
from the Legislature in the same manner and at the same time as other General
Fund agencies.
(2) The State Auditor shall
audit the financial affairs of the board and the transactions involving * * * its expenditures from the
State General Fund at least once a year in the same manner as for other * * * General Fund agencies. In
addition, the Governor, in his discretion, shall have the power from time to
time to require an audit of the financial affairs of the board, the same to be
made by the State Auditor upon request of the Governor. The Governor shall
have the power to suspend any member of the board who shall be found in default
in any account until such time as it shall be determined whether such default
was a result of an act of dishonesty on the part of the member, and in the
event it is found that such default is an act of dishonesty, misfeasance or
nonfeasance on the part of the member, such member shall be immediately removed
by the Governor from office.
SECTION 2. 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) Prior to issuing a citation assessing a fine against any school or licensee for a violation of a sanitation or other rule or regulation, the designated investigator or employee of the State Board of Cosmetology shall issue a warning to such school or licensee not less than one (1) week prior to the issuance of the citation and fine.
( * * *5) If the board finds that a violation
of the provisions of this chapter or the rules and regulations of the board has
occurred, it may cause a hearing to be held as set forth in Section 73-7-27.
SECTION 3. This act shall take effect and be in force from and after July 1, 2015.