MISSISSIPPI LEGISLATURE

2023 Regular Session

To: Public Health and Human Services

By: Representative Turner

House Bill 513

AN ACT TO TRANSFER THE FUNCTIONS OF THE BOARD OF BARBER EXAMINERS AND THE STATE BOARD OF COSMETOLOGY TO THE STATE DEPARTMENT OF HEALTH; TO CREATE BARBER AND COSMETOLOGY ADVISORY COUNCILS TO ADVISE THE DEPARTMENT ON MATTERS RELATING TO THE PROFESSIONS OF BARBERING AND COSMETOLOGY; TO AMEND SECTIONS 73-5-1, 73-5-5, 73-5-7, 73-5-17, 73-5-27, 73-7-1, 73-7-2, 73-7-5 AND 73-7-7, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING PROVISIONS; TO AMEND 73-5-11, 73-7-13, 73-7-18 AND 73-7-21, MISSISSIPPI CODE OF 1972, TO REVISE THE QUALIFICATIONS FOR LICENSURE AS A BARBER, COSMETOLOGIST, ESTHETICIAN AND MANICURIST; TO REPEAL SECTIONS 73-5-3, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE OFFICERS, EMPLOYEES AND COMPENSATION OF THE BOARD OF BARBER EXAMINERS, AND SECTION 73-7-3, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE EMPLOYEES AND COMPENSATION OF THE STATE BOARD OF COSMETOLOGY; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  (1)  The State Department of Health shall be the State Board of Barber Examiners and the State Board of Cosmetology.  Any reference to the State Board of Barber Examiners in Chapter 5, Title 73, Mississippi Code of 1972, or in any other provision of law, rule, regulation or document shall mean the State Department of Health.  Any reference to the State Board of Cosmetology in Chapter 7, Title 73, Mississippi Code of 1972, or in any other provision of law, rule, regulation or document shall mean the State Department of Health.

     (2)  On July 1, 2023, all assets, positions, funds, files, records, bank accounts or other property of the State Board of Barber Examiners and the State Board of Cosmetology shall be transferred to the State Department of Health.  The State Health Officer is empowered to assign the functions and resources of those boards to any office, division, or other operational unit of the Department of Health that the State Health Officer considers appropriate.

     (3)  To facilitate the transfer of authority to the State Department of Health provided for in this section, the Department of Finance and Administration, the State Personnel Board, and the Department of Information Technology Services shall provide assistance to ensure the orderly transfer of all functions and assets set out in this section.

     SECTION 2.  Section 73-5-1, Mississippi Code of 1972, is amended as follows:

     73-5-1.  (1)  This chapter shall be administered by the State Department of Health.  Any reference in this chapter to Board of Barber Examiners, board or department shall mean the State Department of Health.

     (2)  * * *The State Board of Barber Examiners is continued and reconstituted as follows:  The Board of Barber Examiners There is created the Barber Advisory Council, which shall consist of five (5) members, with four (4) 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 2023.  Each of these four (4) members shall be a practical barber and a qualified elector of this state * * *.  He shall have who has been engaged in the practice of barbering in the State of Mississippi for at least five (5) years immediately before the time of his or her appointment and * * *shall be is a person of good moral character.  The term of office for all members of the council shall be four (4) years from the date of appointment.   * * *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.

     (2)  In addition to the barber members of the council, there shall be one (1) consumer member of the council to be appointed by the Governor from the state at large with the advice and consent of the Senate.  The consumer member shall have no interest in any barber school and shall have no involvement in the profession of barbering.

     (3)  The council shall meet quarterly upon the call of the State Health Officer to advise the State Department of Health on matters pertinent to the admission to practice of barbers and the regulation of barbers and barbering schools.  The council shall have no power to regulate the admission to practice or the practice of barbering or the operation of barbering schools.

     SECTION 3.  Section 73-5-5, Mississippi Code of 1972, is amended as follows:

     73-5-5.  (1)  All fees and any other monies received by the * * *board department under this chapter shall be deposited in a special fund that is created in the State Treasury and shall be used for the implementation and administration of this chapter when appropriated by the Legislature for such purpose.  The monies in the special fund shall be subject to all provisions of the state budget laws that are applicable to special fund agencies, and disbursements from the special fund shall be made by the State Treasurer only upon warrants issued by the State Fiscal Officer upon requisitions * * *signed by the president of the board and countersigned by the secretary of the board from the department.  Any interest earned on this special fund shall be credited by the State Treasurer to the fund and shall not be paid into the State General Fund.  Any unexpended monies remaining in the special fund at the end of a fiscal year shall not lapse into the State General Fund.

     (2)  The State Auditor shall audit the financial affairs of the * * *board department under this chapter and the transactions involving the special fund at least once a year in the same manner as for other special fund agencies.  In addition, the Governor, in his discretion, shall have the power from time to time to require an audit of the financial affairs of the * * *board department under this chapter, the same to be made by the State Auditor upon request of the Governor.  * * *The Governor shall have the power to suspend any member of the board who shall be found short in any account until such time as it shall be definitely determined whether such shortage was the result of an act of dishonesty on the part of the member.

     SECTION 4.  Section 73-5-7, Mississippi Code of 1972, is amended as follows:

     73-5-7.  (1)  The * * *Board of Barber Examiners department 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 department 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 department 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 department 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 department 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 department 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 department 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 if 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 department shall adopt rules and regulations establishing a procedure for the processing and investigation of complaints filed with the * * *board department.  The * * *board department shall keep records of all complaints, and such records shall indicate the action taken on the complaints.

     (4)  The * * *Board of Barber Examiners department 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 5.  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 department, a person shall be at least sixteen (16) years of age, have a * * *high school minimum education of tenth grade 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 department, or three thousand (3,000) hours in an apprenticeship program approved by the department in lieu of schooling.  Apprenticeships shall only be monitored and mentored by those with an instructor license, and there shall only be one (1) apprentice per mentor; and

          (d)  Who has passed a satisfactory examination conducted by the * * *board of examiners department to determine his or her 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 department or three thousand (3,000) hours of a department-approved apprenticeship.  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.

     (4)  The ability to read, write and speak English shall not be a requirement for licensure as a barber.

     SECTION 6.  Section 73-5-17, Mississippi Code of 1972, is amended as follows:

     73-5-17.  * * *The Board of Barber Examiners The department shall contract for administrators of the examinations required by this section.  The administrator or administrators selected 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 department.  Examinations of applicants for certificates of registration as barber instructors shall be conducted at a time and place selected by the * * *examining board department.

     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 department deems necessary to determine the applicant's fitness to practice as a barber instructor.

     SECTION 7.  Section 73-5-27, Mississippi Code of 1972, is amended as follows:

     73-5-27.  The * * *Board of Barber Examiners department 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, 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 department.  The person shall return a written response within ten (10) business days acknowledging receipt of the letter and confirmation of attendance at the * * *board department hearing no later than the close of business of the tenth day.

     Upon the hearing of any such charge or charges, the * * *board department 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 8.  Section 73-7-1, Mississippi Code of 1972, is amended as follows:

     73-7-1.  (1)  This chapter shall be administered by the State Department of Health.  Any reference in this chapter to State Board of Cosmetology, board or department shall mean the State Department of Health.

     (2)  There is * * *hereby continued and reconstituted a State Board of Cosmetology created the Cosmetology Advisory Council, composed of five (5) 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.  However, no more than two (2) members shall be appointed from each Supreme Court district.  Membership of the council shall consist of two (2) cosmetologists, one (1) of whom is a salon owner, one (1) manicurist, one (1) esthetician, and one (1) member of the public who is not a cosmetologist, barber or related profession and has no interest in any activity related to cosmetology.  The four (4) licensed members of the council shall be appointed from congressional districts, with one (1) member to be appointed from each of the congressional districts as existing on January 1, 2023, and the consumer member shall be appointed from the state at-large.

 * * * 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, 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 with not less than ten (10) years' active practice in cosmetology.  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.

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.

     (3)  The council shall meet quarterly upon the call of the State Health Officer to advise the department on matters pertinent to the regulation and admission to practice of cosmetologists, manicurists or estheticians and the regulation of cosmetology schools, but shall have no power to regulate the admission to practice or the practice of the professions licensed under this chapter or the operation of cosmetology schools.

     SECTION 9.  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" or "department" means the State * * *Board of Cosmetology Department of Health.

          (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 10.  Section 73-7-5, Mississippi Code of 1972, is amended as follows:

     73-7-5.  (1)  All fees and any other monies received by the * * *board department under this chapter shall be deposited in a special fund that is created in the State Treasury and shall be used for the implementation and administration of this chapter when appropriated by the Legislature for such purpose.  The monies in the special fund shall be subject to all provisions of the state budget laws that are applicable to special fund agencies, and shall be disbursed by the State Treasurer only upon warrants issued by the State Fiscal Officer upon requisitions * * *signed by the president of the board or another board member designated by the president, and countersigned by the secretary of the board from the department.  Any interest earned on this special fund shall be credited by the State Treasurer to the fund and shall not be paid into the State General Fund.  Any unexpended monies remaining in the special fund at the end of a fiscal year shall not lapse into the State General Fund.

     (2)  The State Auditor shall audit the financial affairs of the * * *board department under this chapter and the transactions involving the special fund at least once a year in the same manner as for other special fund agencies.  In addition, the Governor, in his discretion, shall have the power from time to time to require an audit of the financial affairs of the * * *board department under this chapter, the same to be made by the State Auditor upon request of the Governor. * * *  The Governor shall have the power to suspend any member of the board who shall be found in default in any account until such time as it shall be determined whether such default was a result of an act of dishonesty on the part of the member, and in the event it is found that such default is an act of dishonesty, misfeasance or nonfeasance on the part of the member, such member shall be immediately removed by the Governor from office.

     SECTION 11.  Section 73-7-7, Mississippi Code of 1972, is amended as follows:

     73-7-7.  (1)  The * * *board department shall have authority to make reasonable rules and regulations for the administration of the provisions of this chapter.  The * * *board department 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 department 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.

     (2)  The * * *board department may revoke the license of any cosmetologist, esthetician, manicurist, instructor, school of cosmetology, or salon, or may refuse to issue a license to any cosmetologist, esthetician, manicurist, instructor, school of cosmetology, or salon that fails or refuses to comply with the provisions of this chapter and the rules and regulations of the * * *board department in carrying out the provisions of this chapter.

     ( * * *23)  The * * *board department 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. 

     (4)  When the * * *board department has reason to believe that any of the provisions of this chapter or of the rules and regulations of the * * *board department have been violated, either upon receipt of a written complaint alleging such violations or upon the * * *board's department's own initiative, the * * *board department, 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 department.  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.

     ( * * *35)  * * *On or before July 1, 2001, The * * *board department shall adopt regulations to ensure that all fingernail service products used by licensed cosmetologists, manicurists and other licensees do not contain methyl methacrylate (MMA) as a monomer agent for cosmetic nail applications.

     ( * * *46)  If the * * *board department 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 12.  Section 73-7-13, Mississippi Code of 1972, is amended as follows:

     73-7-13.  (1)  The * * *board department shall admit to examination for a cosmetology license any person who has made application to the * * *board department 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, (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 has successfully completed three thousand (3,000) hours in an apprenticeship program certified by the department, and ( * * *dc) has a * * *high school tenth grade education or its equivalent or has been successfully enrolled in a community college.  Apprenticeships authorized in this subsection may be monitored or mentored by a master cosmetologist or a licensed cosmetology instructor.  Only one (1) apprentice may be mentored by any person at the same time.

          (a)  The * * *board department 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 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 department 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 department.  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 department stating the reasons for such inactivity and setting forth such other information as the * * *board department may require on an individual basis and completion of the number of clock hours of continuing education as approved by the * * *board department; or

          (b)  Evidence to the satisfaction of the * * *board department 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 department rules.

     SECTION 13.  Section 73-7-18, Mississippi Code of 1972, is amended as follows:

     73-7-18.  (1)  The * * *board department shall admit to examination for an esthetician's license any person who has made application to the * * *board department in proper form, has paid the required fee, and who:

          (a)  Is not less than * * *seventeen (17) sixteen (16) years of age;

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

          ( * * *cb)  Has a * * *high school tenth grade education or its equivalent; and

          ( * * *dc)  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 has successfully completed twelve hundred (1200) hours in an apprenticeship program certified by the department.  Apprenticeships authorized in this paragraph may be monitored or mentored by a person with a master or instructor license in cosmetology or esthetics.  Only one (1) apprentice may be mentored by any person at the same time.

 * * *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.  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.

     ( * * *32)  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 14.  Section 73-7-21, Mississippi Code of 1972, is amended as follows:

     73-7-21.  (1)  The * * *board department shall admit to examination for a manicurist's license any person who has made application to the * * *board department 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 has successfully completed seven hundred (700) hours in an apprenticeship program certified by the department.  Apprenticeships authorized in this paragraph may be monitored or mentored by a person with a master or instructor license in cosmetology or manicuring.  Only one (1) apprentice may be mentored by any person at the same time; 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 department 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 15.  Section 73-5-3, Mississippi Code of 1972, which provides for the officers, employees and compensation of the Board of Barber Examiners, and Section 73-7-3, Mississippi Code of 1972, which provides for the employees and compensation of the State Board of Cosmetology, are repealed.

     SECTION 16.  This act shall take effect and be in force from and after July 1, 2023.