MISSISSIPPI LEGISLATURE

2022 Regular Session

To: Accountability, Efficiency, Transparency

By: Senator(s) Blackwell, Younger, Norwood, Chassaniol, Polk, Kirby

Senate Bill 2647

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 SECTION 73-7-13, MISSISSIPPI CODE OF 1972, TO ALLOW APPLICANTS FOR A COSMETOLOGY LICENSE TO COMPLETE AN APPRENTICESHIP PROGRAM CERTIFIED BY THE BOARD; TO AMEND SECTION 73-7-21, MISSISSIPPI CODE OF 1972, TO REVISE THE REQUIREMENTS TO OBTAIN A MANICURIST LICENSE; TO AMEND SECTION 73-5-12, MISSISSIPPI CODE OF 1972, TO ELIMINATE THE LITERACY REQUIREMENT FOR COSMETOLOGIST; 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, 73-7-12, 73-7-18, 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 * * * continued and reconstituted a created the State Board of Cosmetology and Barbering, composed of * * * five (5) nine (9) members to be appointed by the Governor, with the advice and consent of the Senate, * * * and whose term of office shall be four (4) years from the date of appointment except as otherwise provided herein and will consist of one (1) cosmetologist who is a salon owner, two (2) barbers, one (1) cosmetology or barber instructor, 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. * * *  However, no more than  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, 1997, 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 * * * a licensed * * * cosmetologist by the board with not less than * * * ten (10) five (5) years' active practice in * * * cosmetology an occupation regulated by the board.  No member of the board shall be connected in any way with any school wherein cosmetology is taught, 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 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 or in an apprenticeship program for three thousand (3000) hours certified by the board for, and ( * * *dc) has a high school tenth grade education or its equivalent or has been successfully enrolled in a community college.

     ( * * *a2)  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.

     ( * * *b3)  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.

     ( * * *c4)  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.

     ( * * *25)  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.

     ( * * *36)  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 seventeen (17) years of age;

          (b)  Can read, write and speak English;

          (c)  Has a high school education or its equivalent; and

          (d)  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.

 * * * Any licensed esthetician wishing to acquire a cosmetology license may apply the six hundred (600) hours of esthetics training toward the requirements for a cosmetology license.

     (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 * * * seventeen (17) sixteen (16) years of age;

 * * *  (b)  Can read, write and speak English;

          ( * * *cb)  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

          ( * * *dc)  Has a * * * high school 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 * * * the three hundred fifty (350) 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 * * *, and nothing in this chapter shall affect the jurisdiction of the State Board of Barber Examiners.

          (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 * * * can read, write and speak English and 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 * * * Board of Barber Examiners 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. * * *  The State Board of Barber Examiners is continued and reconstituted as follows:  The Board of Barber Examiners shall consist of five (5) members, to be appointed by the Governor, with the advice and consent of the Senate, one (1) member to be appointed from each of the congressional districts as existing on January 1, 1991.  Each member shall be a practical barber and a qualified elector of this state.  He shall have been engaged in the practice of barbering in the State of Mississippi for at least five (5) years immediately before the time of his appointment and shall be a person of good moral character.  From and after July 1, 1983, the appointments to the board shall be made in the manner hereinafter provided, and the present members of the State Board of Barber Examiners whose terms have not expired by July 1, 1983, shall continue to serve until their successors have been appointed and qualified.  The Governor shall appoint, with the advice and consent of the Senate, five (5) members from the congressional districts as follows:  The member from the First Congressional District shall be appointed for a term of two (2) years to commence on July 1, 1983; the member from the Second Congressional District shall be appointed for a term of four (4) years to commence on July 1, 1984; the member from the Third Congressional District shall be appointed for a term of two (2) years to commence on July 1, 1983; the member from the Fourth Congressional District shall be appointed for a term of four (4) years to commence on July 1, 1984; and the member from the Fifth Congressional District shall be appointed for a term of one (1) year to commence on July 1, 1983.  The members of the board as constituted on July 1, 2002, whose terms have not expired shall serve the balance of their terms, after which time the membership of the board shall be appointed as follows:  There shall be appointed one (1) member of the board from each of the four (4) Mississippi congressional districts as they currently exist, and one (1) from the state at large, and the Governor shall make appointments from the congressional district having the smallest number of board members until the membership includes one (1) member from each district as required.  From and after July 1, 2002, no member of the board who is connected in any way with any barbering school shall participate in the administration of examinations of barber applicants.  From and after July 1, 2004, no member of the board shall be connected in any way with any school in which barbering is taught.

All members of the board shall be appointed by the Governor, with the advice and consent of the Senate, for terms of four (4) years each from the expiration date of the previous term, until their successors have been appointed and qualified.  No member of the board shall hold any elected office.  Appointments made to fill a vacancy of a term shall be made by the Governor within sixty (60) days after the vacancy occurs.

The Governor may remove any one or more members of the board for just cause.  Members appointed to fill vacancies caused by death, resignation or removal of any member or members shall serve only for the unexpired term of their predecessors.  Any member who does not attend two (2) consecutive meetings of the board for reasons other than illness of the 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.  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 * * * Board of Barber Examiners 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 * * * Board of Barber Examiners 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 * * * Board of Barber Examiners 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 Barber Examiners 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 * * * Board of Barber Examiners 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 * * * Board of Barber Examiners 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 Barber Examiners 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 * * * Board of Barber Examiners 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 * * * Board of Barber Examiners State Board of Cosmetology and Barbering, a person shall have a high school 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 approved by the * * * State Board of Barber Examiners 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 approved by the * * * Board of Barber Examiners 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 * * * Board of Barber Examiners 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 * * * Board of Barber Examiners 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 * * * Board of Barber Examiners 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 * * * Board of Barber Examiners 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 * * * Board of Barber Examiners 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 * * * Board of Barber Examiners 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 * * * Board of Barber Examiners 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 * * * Board of Barber Examiners 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 * * * Board of Barber Examiners 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 * * * Board of Barber Examiners 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 * * *, and nothing in this chapter shall affect the jurisdiction of the State Board of Cosmetology.

          (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 * * * State Board of Cosmetology 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.