MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Public Health and Human Services
By: Representative Dixon
AN ACT TO CREATE NEW SECTION 73-7-22, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE ISSUANCE OF A HAIR BRAIDER'S LICENSE BY THE STATE BOARD OF COSMETOLOGY FOR PERSONS WHO ENGAGE IN THE PRACTICE OF HAIR BRAIDING FOR COMPENSATION; TO DIRECT THE BOARD TO ADOPT REGULATIONS PROVIDING FOR THE LICENSING OF HAIR BRAIDING INSTRUCTORS, HAIR BRAIDING SCHOOLS, AND HAIR BRAIDING ESTABLISHMENTS; TO AMEND SECTION 73-7-2, MISSISSIPPI CODE OF 1972, TO DEFINE THE TERMS "HAIR BRAIDER" AND "HAIR BRAIDING"; TO AMEND SECTION 73-7-9, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT NO PERSON MAY PRACTICE HAIR BRAIDING WITHOUT A LICENSE ISSUED BY THE BOARD; TO AMEND SECTIONS 73-7-7, 73-7-12, 73-7-19, 73-7-23, 73-7-29, 73-7-31 AND 73-7-35, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING PROVISIONS; TO REPEAL SECTION 73-7-71, MISSISSIPPI CODE OF 1972, WHICH REQUIRES HAIR BRAIDERS TO REGISTER WITH THE STATE DEPARTMENT OF HEALTH AND TAKE A SELF-TEST PREPARED BY THE DEPARTMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 73-7-22, Mississippi Code of 1972:
73-7-22. (1) (a) The board shall admit to examination for a hair braider's license any person who has made application to the board in proper form, has paid the required fee, and who:
(i) Is not less than seventeen (17) years of age;
(ii) Can read, write and speak English;
(iii) Has a high school education or its equivalent; and
(iv) Has successfully completed a course of training in hair braiding of not less than the number of hours prescribed by the board, in (a) school in which the hair braiding is taught that is recognized by the board.
(b) Any licensed hair braider wishing to acquire a cosmetology license may apply the hours of hair braiding training toward the requirements for a cosmetology license.
(c) 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.
(2) Hair braiding instructors shall not be licensed under Section 73-7-15; hair braiding schools shall not be licensed under Section 73-7-16; and hair braiding establishments shall not be licensed under 73-7-17. The board shall adopt regulations providing for the licensing of hair braiding instructors, hair braiding schools, and hair braiding establishments.
SECTION 2. 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 * * *
in this section
unless the context otherwise requires:
(a) "Board" means the State Board of Cosmetology.
(b) "Cosmetology" means any one (1) or a combination of the following practices if they are performed on a person's head, face, neck, shoulder, arms, hands, legs or feet for cosmetic purposes:
(i) Cutting, clipping or trimming hair and hair pieces.
(ii) Styling, arranging, dressing, curling, waving, permanent waving, straightening, cleansing, bleaching, tinting, coloring or similarly treating hair and hair pieces.
(iii) Cleansing, stimulating, manipulating, beautifying or applying oils, antiseptics, clays, lotions or other preparations, either by hand or by mechanical or electrical apparatus.
(iv) Arching eyebrows, to include tweezing, waxing, threading or any other methods of epilation, or tinting eyebrows and eyelashes.
(v) Removing superfluous hair by the use of depilation.
(vi) Manicuring and pedicuring.
(c) "Cosmetologist" means a person who for compensation, whether direct or indirect, engages in the practice of cosmetology.
(d) "Esthetics" means any one (1) or a combination of the following practices:
(i) Massaging the face or neck of a person.
(ii) Arching eyebrows to include trimming, tweezing, waxing, threading or any other method of epilation or tinting eyebrows and eyelashes.
(iii) Tinting eyelashes or eyebrows.
(iv) Waxing, stimulating, cleaning or beautifying the face, neck, arms or legs of a person by any method with the aid of the hands or any mechanical or electrical apparatus, or by the use of a cosmetic preparation.
The term "esthetics" shall not include the diagnosis, treatment or therapy of any dermatological condition.
(e) "Esthetician" means any person who, for compensation, either direct or indirect, engages in the practice of esthetics.
(f) "Hair braider" means any person who, for compensation, either direct or indirect, engages in the practice of hair braiding.
(g) "Hair braiding" means the use of techniques that result in tension on hair strands or roots by twisting, wrapping, weaving, extending, locking or braiding of the hair by hand or mechanical device, but does not include the application of dyes, reactive chemicals, or other preparations to alter the color of the hair or to straighten, curl or alter the structure of the hair.
(h) "Hair braiding establishment" means an establishment in which hair braiders engage in the practice of hair braiding.
(i) "Hair braiding school" means an establishment operates for the purpose of teaching hair braiding and in which only hair braiding is taught.
( * * *j) "Instructor" means a
person licensed to teach cosmetology, or manicuring and pedicuring, or
esthetics, or hair braiding, or all of those, pursuant to this chapter,
and shall include those persons engaged in the instruction of student
instructors.
( * * *k) "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.
( * * *l) "Manicurist" means a
person who for compensation, either direct or indirect, engages in the practice
of manicuring and pedicuring.
( * * *m) "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.
( * * *n) "Salon" means an
establishment operated for the purpose of engaging in the practice of
cosmetology, or manicuring and pedicuring, or esthetics, * * * or all of
those.
( * * *o) "School" means an
establishment, public or private, operated for the purpose of teaching
cosmetology, or manicuring and pedicuring, or esthetics, or * * * hair
braiding or all of those.
SECTION 3. 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, hair braider,
instructor, school of cosmetology, * * * salon, hair braiding school or hair
braiding establishment, or may refuse to issue a license to any
cosmetologist, esthetician, manicurist, hair braider, instructor, school
of cosmetology, * * *
salon, hair braiding school or hair braiding establishment 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 and hair braiding schools and hair
braiding establishments for the guidance of persons licensed under this
chapter in the operation of schools of cosmetology * * * or * * * beauty salon * * *s or hair braiding schools or hair
braiding establishments, and in the practice of cosmetology, esthetics,
manicuring and pedicuring, and * * * hair braiding. 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 or
a hair braiding school or hair braiding establishment at any time during
the regular business hours of that school, * * * salon or establishment to conduct the
investigation. Such investigation may include, but not be limited to,
conducting oral interviews with the complaining party, school, * * * salon or establishment owner(s)
and/or students of the school, and reviewing records of the school, * * * salon or establishment 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 4. Section 73-7-9, Mississippi Code of 1972, is amended as follows:
73-7-9. No person required by this chapter to have a license shall conduct a beauty salon or school of cosmetology, or operate a hair braiding establishment or a hair braiding school, or practice cosmetology, esthetics, manicuring and pedicuring, hair braiding, 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 5. Section 73-7-12, Mississippi Code of 1972, is amended as follows:
73-7-12. The State Board of Cosmetology shall contract with a recognized testing service to conduct examinations for cosmetologists, estheticians, manicurists, hair braiders 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 6. Section 73-7-19, Mississippi Code of 1972, is amended 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, hair braiders 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 7. Section 73-7-23, Mississippi Code of 1972, is amended as follows:
73-7-23. (1) The board
may, upon application, issue a license by reciprocity to any cosmetologist,
esthetician * * *,
manicurist or hair braider 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 * * *, manicurists or hair braiders,
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 onetime 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 8. Section 73-7-29, Mississippi Code of 1972, is amended as follows:
73-7-29. The State Board of Cosmetology shall assess fees in the following amounts and for the following purposes:
(a) Initial license/renewal for cosmetologist,
manicurist, esthetician, or * * * hair braider.......... $
50.00
(b) Instructor initial license/renewal....... 80.00
(c) Master cosmetologist license/renewal..... 70.00
(d) Delinquent renewal penalty - cosmetologist,
manicurist, esthetician, * * * hair braider and
instructor 50.00
There shall be no renewal fee for any licensee seventy (70) years of age or older.
(e) Salon application and initial inspection. 85.00
(f) Salon reinspection....................... 35.00
(g) Salon change of ownership or location,
or both................................................. 85.00
(h) Salon renewal............................ 60.00
(i) Salon delinquent renewal penalty......... 50.00
(j) Application and initial inspection for a
new school.............................................. 300.00
(k) New school reinspection.................. 100.00
(l) School change of ownership............... 300.00
(m) School relocation........................ 150.00
(n) School renewal........................... 75.00
(o) School delinquent renewal penalty........ 100.00
(p) Duplicate license........................ 10.00
(q) Penalty for insufficient fund checks..... 20.00
(r) Affidavit processing..................... 15.00
The State Board of Cosmetology may charge additional fees for services which the board deems appropriate to carry out its intent and purpose. These additional fees shall not exceed the cost of rendering the service.
The board is fully authorized to make refunds of any deposits received by the board for services which are not rendered. Refunds will automatically be made on overpayment of fees. Refunds will be made on underpayments by written requests from applicants. If no request for refund is made within sixty (60) days, the fees will be forfeited.
SECTION 9. 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, and nothing in this chapter shall affect the jurisdiction of the State Board of Barber Examiners.
* * *
SECTION 10. Section 73-7-35, Mississippi Code of 1972, is amended as follows:
73-7-35. (1) No person licensed pursuant to this chapter shall practice his or her profession except within the physical confines of a salon possessing and displaying a properly executed license issued pursuant to Section 73-7-17, or in a licensed hair braiding establishment. 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, * * * manicurist or hair braider to
practice his/her profession in the salon without possessing a valid license
issued pursuant to this chapter. No hair braiding establishment owner shall
allow a hair braider to practice in the establishment without possessing a
valid license issued under this chapter.
SECTION 11. Section 73-7-71, Mississippi Code of 1972, which requires hair braiders to register with the State Department of Health and take a self-test prepared by the department, is repealed.
SECTION 12. This act shall take effect and be in force from and after July 1, 2016.