MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Accountability, Efficiency, Transparency
By: Senator(s) Blackwell, Younger, Norwood, Chassaniol, Polk, Kirby
AN ACT TO CREATE THE BOARD OF COSMETOLOGY AND BARBERING; TO AMEND SECTION 73-7-1, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE MEMBERS OF THE STATE BOARD OF COSMETOLOGY AND BARBERING; TO PROVIDE FOR THE QUALIFICATIONS OF THE EXECUTIVE DIRECTOR OF THE BOARD; TO AMEND SECTIONS 73-7-13, 73-7-18 AND 73-7-21, MISSISSIPPI CODE OF 1972, TO REVISE CERTAIN REQUIREMENTS FOR THE LICENSING OF COSMETOLOGISTS, ESTHETICIANS AND MANICURISTS; TO REDUCE THE MINIMUM AGE AND EDUCATION REQUIREMENTS, REMOVE THE REQUIREMENT FOR ENGLISH FLUENCY, AND ALLOW FOR APPRENTICESHIP HOURS IN LIEU OF SCHOOLING HOURS; TO AMEND SECTION 73-5-12, MISSISSIPPI CODE OF 1972, TO REMOVE THE REQUIREMENT FOR ENGLISH FLUENCY FOR COSMETOLOGISTS; TO AMEND SECTION 25-3-92, MISSISSIPPI CODE OF 1972, TO ALLOW THE STATE PERSONNEL BOARD TO DEVELOP RECOMMENDED STANDARDS FOR STATE AGENCIES TO USE IN DETERMINING WHETHER AN AGENCY'S EXECUTIVE DIRECTOR MAY RECEIVE COMPENSATORY LEAVE; TO AMEND SECTIONS 73-7-2, 73-7-29, 73-7-31, 73-5-1, 73-5-7, 73-5-8, 73-5-11, 73-5-15, 73-5-17, 73-5-19, 73-5-25, 73-5-27, 73-5-33, 73-5-35 AND 73-5-41, MISSISSIPPI CODE OF 1972, TO CONFORM THERETO; TO REPEAL SECTIONS 73-5-3 AND 73-5-5, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE ELECTION OF OFFICERS AND FOR THE SPECIAL FUND FOR DEPOSITS FOR THE BOARD OF BARBER EXAMINERS, RESPECTIVELY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Any reference to the State Board of Cosmetology or the Board of Barber Examiners in Title 73, Chapters 5 and 7, Mississippi Code of 1972, or any other provision of law, shall mean the State Board of Cosmetology and Barbering created in Section 73-7-1.
SECTION 2. Section 73-7-1, Mississippi Code of 1972, is amended as follows:
73-7-1. (1) There is
hereby * * * created the State Board of Cosmetology
and Barbering, composed of * * * nine (9) members to be appointed
by the Governor, with the advice and consent of the Senate, * * * and will consist
of one (1) cosmetologist who is a salon owner, two (2) barbers, one (1) cosmetology
or barber school owner, one (1) manicurist, one (1) esthetician, one (1) member
of the public who is not a cosmetologist, barber or related profession and the State
Health Officer, or his or her designee. * * * Two (2) members shall be
appointed from each Supreme Court district and two (2) members from the state
at large.
The initial term of office for the two (2) members appointed from the First Supreme Court District shall be two (2) years and thereafter shall be six (6) years; the initial term of office for the two (2) members appointed from the Second Supreme Court District shall be three (3) years and thereafter shall be six (6) years; and the initial term of office for the two (2) members appointed from the Third Supreme Court District shall be four (4) years and thereafter shall be six (6) years. The two (2) members from the state at large will be appointed for terms of six (6) years. No member may serve more than two (2) consecutive terms. The initial appointments must be made before September 1, 2022.
There shall be a president of
the board and such other officers as deemed necessary by the board elected by and
from its membership, provided that the member elected as president shall have at
least one (1) year of experience on the board. Any member appointed by the Governor
and confirmed by the Senate for a term to begin on or after July 1, * * * 2022, who was designated by the Governor
to serve as president of the board, shall be fully qualified to serve on the board
for a full term of office, but shall not serve as president of the board unless
elected by the membership of the board as provided under this paragraph.
To be eligible for appointment
as a member of the State Board of Cosmetology and Barbering, the person applying
shall have been a citizen of this state for a minimum of five (5) years immediately
prior to appointment. Such person shall be at least thirty (30) years of age, possess
a high school education or its equivalent, and shall have been * * * licensed * * * by the board with not less
than * * *
five (5) years' active practice in * * * an occupation regulated by the board.
No member of the board shall be connected in any way with any school wherein cosmetology
is taught, excepting of those members who are specifically appointed as representatives
of instructors and school owners, nor shall any two (2) members of the board
be graduates of the same school of cosmetology. The consumer representative
shall not be required to be licensed by the board.
However, in the event of vacancy by death or resignation of any member of the board, the Governor shall, within thirty (30) days, appoint a person possessing all qualifications required to serve the remainder of the term. Any member who shall not attend two (2) consecutive meetings of the board for reasons other than illness of such member shall be subject to removal by the Governor. The president of the board shall notify the Governor in writing when any such member has failed to attend two (2) consecutive regular meetings.
The salaries of all paid employees of the board shall be paid out of funds in the board's special fund in the State Treasury. Each member of the board, excepting the inspectors provided for herein, shall receive per diem as authorized by Section 25-3-69, and shall be reimbursed for such other expenses at the same rate and under the same conditions as other state employees as provided for in Section 25-3-41.
The board shall give reasonable public notice of all board meetings not less than ten (10) days prior to such meetings.
(2) In addition to any powers conferred upon the board in other provisions of law, the State Board of Cosmetology and Barbering shall appoint an individual to serve as the Executive Director of the State Board of Cosmetology and Barbering. The executive director shall possess the qualifications established by the board, which shall be based on national best practices. The executive director shall be considered a full-time position. The executive director shall serve at the will and pleasure of the board and shall devote his or her time to the proper administration of the board and the duties assigned to him or her by the board. The executive director shall be paid a salary established by the board, subject to the approval of the State Personnel Board. Subject to the availability of funding, the executive director may employ such administrative staff as may be necessary to assist the director and board in carrying out the duties and directives of the State Board of Cosmetology and Barbering.
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 and Barbering.
(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) "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 4. Section 73-7-12, Mississippi Code of 1972, is amended as follows:
73-7-12. Effective January 1, 2020, the State Board of Cosmetology and Barbering shall terminate its student testing contract with proper notice and shall conduct examinations for cosmetologists, estheticians, manicurists 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 5. 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 * * * sixteen (16) years of age,
(b) * * * 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 or in an apprenticeship program for three thousand (3,000) hours
certified by the board for, and ( * * *c) has a high school tenth grade
education or its equivalent or has been successfully enrolled in a community college.
( * * *2) 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.
( * * *3) 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.
( * * *4) Any barber who * * * 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.
( * * *5) 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.
( * * *6) 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
inactive 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 and Barbering 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 6. Section 73-7-18, Mississippi Code of 1972, is amended 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 * * * sixteen (16) years of age;
* * *
( * * *b) Has a * * * tenth-grade education or its
equivalent; and
( * * *c) 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 or
an apprenticeship program of twelve hundred (1200) hours certified by the board.
Licensed estheticians desiring to pursue additional hours to be eligible for
a license as a cosmetologist may be credited with any hours acquired in studying
and training to be an esthetician, which may be applied to the number of hours required
for a cosmetology license examination.
* * *
(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 7. Section 73-7-21, Mississippi Code of 1972, is amended 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 * * * sixteen (16) years of age;
* * *
( * * *b) 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, or in an apprenticeship program of
seven hundred (700) hours certified by the board; and
( * * *c) Has a * * * tenth grade education or its
equivalent, or has been successfully enrolled in a community college.
(2) Licensed manicurists desiring
to pursue additional hours to be eligible for a license as a cosmetologist may be
credited with * * * any 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 8. Section 73-7-29, Mississippi Code of 1972, is amended as follows:
73-7-29. The State Board of Cosmetology and Barbering 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 State Board of Cosmetology and Barbering 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 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) 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 10. Section 73-5-12, Mississippi Code of 1972, is amended as follows:
73-5-12. Any cosmetologist
who * * * 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 * * * State Board of Cosmetology
and Barbering.
All fees for application, examination, registration and renewal thereof shall be the same as provided for in this chapter.
SECTION 11. Section 25-3-92, Mississippi Code of 1972, is amended as follows:
25-3-92. (1) (a) When, in the opinion of the appointing authority, it is essential that a state employee work after normal working hours, the employee may receive credit for compensatory leave. Except as otherwise provided in Section 37-13-89, when, in the opinion of the appointing authority, it is essential that a state employee work during an official state holiday, the employee shall receive credit for compensatory leave.
(b) The State Personnel Board shall develop recommended standards for state agencies to use in determining whether or not an agency's executive director may receive compensatory leave. State agencies may utilize such standards when addressing the conditions under which an executive director should receive compensatory leave.
(2) State employees may be granted administrative leave with pay. For the purposes of this section, "administrative leave" means discretionary leave with pay, other than personal leave or major medical leave.
(a) The appointing authority may grant administrative leave to any employee serving as a witness or juror or party litigant, as verified by the clerk of the court, in addition to any fees paid for such services, and such services or necessary appearance in any court shall not be counted as personal leave.
(b) The Governor or the appointing authority may grant administrative leave with pay to state employees on a local or statewide basis in the event of extreme weather conditions or in the event of a man-made, technological or natural disaster or emergency. Any employee on a previously approved leave during the affected period shall be eligible for such administrative leave granted by the Governor or appointing authority, and shall not be charged for his previously approved leave during the affected period.
(c) The appointing authority may grant administrative leave with pay to any employee who is a certified disaster service volunteer of the American Red Cross who participates in specialized disaster relief services for the American Red Cross in this state and in states contiguous to this state when the American Red Cross requests the employee's participation. Administrative leave granted under this paragraph shall not exceed twenty (20) days in any twelve-month period. An employee on leave under this paragraph shall not be deemed to be an employee of the state for purposes of workers' compensation or for purposes of claims against the state allowed under Chapter 46, Title 11, Mississippi Code of 1972. As used in this paragraph, the term "disaster" includes disasters designated at Level II and above in American Red Cross national regulations and procedures.
SECTION 12. Section 73-5-1, Mississippi Code of 1972, is amended as follows:
73-5-1. * * *
Any reference to the Board of Barber Examiners in this
chapter or any other provision of law, shall mean the State Board of Cosmetology
and Barbering created in Section 73-7-1.
SECTION 13. Section 73-5-7, Mississippi Code of 1972, is amended as follows:
73-5-7. (1) The * * * State Board of Cosmetology
and Barbering shall have authority to make reasonable rules and regulations
for the administration of the provisions of this chapter. Provided, however,
that 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 * * * State Board of Cosmetology
and Barbering 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 * * * State Board of Cosmetology
and Barbering 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 * * * State Board
of Cosmetology and Barbering 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 in the event 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 * * * State Board of Cosmetology
and Barbering 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 * * * State Board of Cosmetology
and Barbering 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 14. 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 * * * State Board of Cosmetology and Barbering
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 * * * State Board of Cosmetology
and Barbering. 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 15. 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 * * * State Board of Cosmetology
and Barbering, a person shall have a * * * tenth-grade 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 or an apprenticeship
program of three thousand (3,000) hours approved by the * * * State Board
of Cosmetology and Barbering; 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 or an apprenticeship program of three thousand (3,000) hours
approved by the * * * State Board of Cosmetology and Barbering.
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 16. 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 * * * State Board of Cosmetology
and Barbering 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, Mississippi Code of 1972.
SECTION 17. Section 73-5-17, Mississippi Code of 1972, is amended as follows:
73-5-17. The * * * State Board of Cosmetology
and Barbering 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 18. 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 * * * State Board of Cosmetology
and Barbering shall issue a certificate of registration as a registered barber
or barber instructor, as the case may be.
SECTION 19. Section 73-5-25, Mississippi Code of 1972, is amended as follows:
73-5-25. (1) The * * * State Board of Cosmetology
and Barbering 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 20. Section 73-5-27, Mississippi Code of 1972, is amended as follows:
73-5-27. The * * * State Board of Cosmetology
and Barbering 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 * * * State Board of Cosmetology
and Barbering, 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 * * * State Board of Cosmetology
and Barbering. 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 21. 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 * * * State Board of Cosmetology and Barbering 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 * * * State Board of Cosmetology and Barbering of
the location of the barbershop at which they are employed.
SECTION 22. 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 * * * State Board of Cosmetology
and Barbering 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 23. Section 73-5-41, Mississippi Code of 1972, is amended as follows:
73-5-41. (1) The following persons are exempt from the provisions of this chapter, wholly in the proper discharge of their professional duties, to wit:
(a) Persons authorized by the law of Mississippi to practice medicine and surgery.
(b) Commissioned medical or surgical officers of the United States Army, Navy or Marine hospital service.
(c) Registered nurses.
(d) Cosmetologists * * *.
(e) Persons whose practice is limited to only makeup artistry, threading or applying or removing eyelash extensions.
(2) The provision 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 persons licensed by the * * * board or persons
whose practice is limited to only makeup artistry, threading or applying or removing
eyelash extensions.
SECTION 24. Sections 73-5-3 and 73-5-5, Mississippi Code of 1972, which provide for election of officers and the special fund for deposits for the board of barber examiners, respectively, are repealed.
SECTION 25. This act shall take effect and be in force from and after July 1, 2022.