MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Public Health and Human Services
By: Representative Young
AN ACT TO AMEND SECTION 73-7-21, MISSISSIPPI CODE OF 1972, TO CHANGE THE NAME OF A MANICURIST LICENSE TO NAIL TECHNICIAN LICENSE AND TO INCREASE THE NUMBER OF HOURS OF PRACTICE AND RELATED THEORY REQUIRED TO BE ELIGIBLE TO RECEIVE A NAIL TECHNICIAN LICENSE; TO AMEND SECTION 73-7-19, MISSISSIPPI CODE OF 1972, TO DELETE THE AUTHORITY TO PAY FOR LICENSE RENEWALS UNDER THE COSMETOLOGY LICENSURE LAW WITH CASH AND ADD THE AUTHORITY TO PAY FOR LICENSE RENEWALS BY CREDIT CARD OR DEBIT CARD; TO AMEND SECTIONS 73-7-2, 73-7-7, 73-7-12, 73-7-13, 73-7-14, 73-7-15, 73-7-23, 73-7-29 AND 73-7-35, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING PROVISIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 73-7-21, Mississippi Code of 1972, is amended as follows:
73-7-21. (1) The board shall
admit to examination for a * * * nail technician'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 * * * six hundred (600) hours of practice and related theory
in manicuring and pedicuring over a period of no less than * * * fifteen (15) 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 * * * nail technicians desiring to
pursue additional hours to be eligible for a license as a cosmetologist may be credited
with the * * * qualifying hours acquired in studying and training
to be a * * *
nail technician, 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 2. 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, * * * nail technicians 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 * * * check, certified check, * * * money order, credit card or debit card,
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 3. 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.
(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.
For regulation purposes, the term "cosmetology" does not include persons whose practice is limited to only performing makeup artistry, threading or applying or removing eyelash extensions; however, a person may perform a combination of not more than three (3) such practices and still be exempt from this chapter.
(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. For regulation purposes, the term "esthetics" does not include persons whose practice is limited to only performing makeup artistry, threading or applying or removing eyelash extensions; however, a person may perform a combination of not more than three (3) such practices and still be exempt from this chapter.
(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) " * * * Nail technician" 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, * * * nail technician or 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 4. 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, * * * nail technician, instructor,
school of cosmetology, or salon, or may refuse to issue a license to any cosmetologist,
esthetician, * * *
nail technician, 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, * * * nail technicians 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 5. Section 73-7-12, Mississippi Code of 1972, is amended as follows:
73-7-12. Effective January
1, 2020, the State Board of Cosmetology shall terminate its student testing contract
with proper notice and shall conduct examinations for cosmetologists, estheticians, * * * nail technicians and instructors
at such times and locations as determined by the board. The members of the board
shall not personally administer or monitor the examinations, but the board shall
contract for administrators of the examinations. A member of the board shall not
receive any per diem compensation for any day that the member is present at the
site where the examinations are being administered.
SECTION 6. 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 a licensed school of cosmetology, and (d) has a high school education or its equivalent or has been successfully enrolled in a community college.
(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 to 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 a licensed 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 a licensed 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 * * *
nail technician 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 * * * nail technicians 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 * * * nail technician who has actively
practiced his or her profession for at least three (3) months of the immediately
preceding license renewal period shall be considered inactive practice. No cosmetologist,
esthetician, or * * *
nail technician 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, * * * nail technician 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 * * *.
* * * Payment of the fee for processing such inactive
license shall be paid biennially in accordance to board rules.
SECTION 7. Section 73-7-14, Mississippi Code of 1972, is amended as follows:
73-7-14. (1) Any person who
holds a current, valid cosmetology, * * * nail technician or esthetics
license may be licensed as a master cosmetologist, * * * nail technician or esthetician
if he or she has been a licensed cosmetologist, * * * nail technician 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, * * * nail technician 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 * * *.
SECTION 8. Section 73-7-15, Mississippi Code of 1972, is amended as follows:
73-7-15. (1) The board shall admit to examination for a cosmetology instructor's license any person who has made application to the board in proper form, has paid the required fee, and who:
(a) Is not less than twenty-one (21) years of age;
(b) Can read, write and speak English;
(c) Is a graduate of a licensed cosmetology school;
(d) Has a high school education or its equivalent;
(e) Has successfully completed one thousand (1,000) hours of instructor training in a licensed school of cosmetology;
(f) Has successfully completed six (6) semester hours in college courses approved by the board;
(g) Holds a current, valid Mississippi cosmetology license; and
(h) Has at least one (1) year active practical experience as a cosmetologist or, as an alternative to such experience, has successfully completed one thousand (1,000) hours of instructor training in a licensed 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 one thousand (1,000) hours of instructor training in a licensed school in which the practice of esthetics is taught;
(e) Has successfully completed six (6) semester hours in college courses approved by the board;
(f) Holds a current, valid Mississippi esthetician's license; and
(g) Has had one (1) year 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 a licensed school in which the practice of esthetics is taught.
(3) The board shall admit to
examination for a * * *
nail technician 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 one thousand (1,000) hours of instructor training in a licensed school in which the practice of manicuring is taught;
(e) Has successfully completed six (6) semester hours in college courses approved by the board;
(f) Holds a current, valid
Mississippi * * *
nail technician's license; and
(g) Has had one (1) year
of active practical experience as a * * * nail technician or, as an alternative
to such experience, has successfully completed one thousand (1,000) hours of instructor
training in a licensed 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 9. 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
or * * *
nail technician 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 * * *
nail technicians, 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, military spouse or person who establishes residence in this state shall be subject to the provisions of Section 73-50-1 or 73-50-2, as applicable.
SECTION 10. 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,
* * *
nail technician, 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,
* * *
nail technician, 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 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 11. 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. 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 * * * nail technician to practice his/her
profession in the salon without possessing a valid license issued pursuant to this
chapter.
SECTION 12. This act shall take effect and be in force from and after July 1, 2022.