Senate Bill 2066

AN ACT TO CREATE NEW SECTION 73-7-39, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE STATE BOARD OF COSMETOLOGY SHALL ISSUE A SPECIAL PERMIT AUTHORIZING THE PERFORMANCE OF SHAMPOOING TO ANY PERSON WHO SUCCESSFULLY COMPLETED AT LEAST FORTY (40) HOURS OF TRAINING IN SHAMPOOING, DRAPING AND RINSING AT A COSMETOLOGY SCHOOL APPROVED BY THE BOARD; TO PROVIDE THAT THIS SPECIAL PERMIT SHALL AUTHORIZE THESE INDIVIDUALS TO WORK AS A SHAMPOOIST; TO PROVIDE THAT NO PERSON HOLDING A CURRENT COSMETOLOGY LICENSE SHALL BE REQUIRED TO OBTAIN A SPECIAL PERMIT AS A SHAMPOOIST; TO AMEND SECTION 73-7-2, MISSISSIPPI CODE OF 1972, TO CONFORM TO THIS ACT; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codified as Section 73-7-39, Mississippi Code of 1972:

73-7-39. (1) The board shall issue a special permit authorizing the performance of shampooing to any person who has successfully completed at least forty (40) hours of training in shampooing, draping and rinsing at a cosmetology school approved by the Board. This special permit shall authorize these individuals to work as shampooists.

(2) No individual enrolled in a cosmetology school shall work as a shampoo assistant.

(3) No person holding a current cosmetology license shall be required to obtain a special permit as a shampoo assistant.

(4) Shampooists possessing a current special permit may perform the following services:

(a) Cleanse synthetic or natural hair;

(b) Apply and remove conditioner;

(d) Remove hair color, tint or other chemicals applied to natural hair by a cosmetologist; and

(e) Remove foil or perm rods.

(5) Individuals employed by a licensed cosmetologist at a salon may perform the services in subsection (4) of this section without obtaining a special permit if the services are performed at the request of the licensed cosmetologist.

SECTION 2. Section 73-7-2, Mississippi Code of 1972, is amended as follows:

73-7-2. As used in this chapter, the following terms shall have the meanings ascribed herein unless the context otherwise requires:

(a) "Board" means the State Board of Cosmetology.

(b) "Cosmetology" means any one (1) or a combination of the following practices if they are performed on a person's head, face, neck, shoulder, arms, hands, legs or feet for cosmetic purposes:

(i) Cutting, clipping or trimming hair and hair pieces.

(ii) Styling, arranging, dressing, curling, waving, permanent waving, straightening, cleansing, bleaching, tinting, coloring or similarly treating hair and hair pieces.

(iii) Cleansing, stimulating, manipulating, beautifying or applying oils, antiseptics, clays, lotions or other preparations, either by hand or by mechanical or electrical apparatus.

(iv) Arching eyebrows, to include tweezing, waxing, threading or any other methods of epilation, or tinting eyebrows and eyelashes.

(v) Removing superfluous hair by the use of depilation.

(vi) Manicuring and pedicuring.

For regulation purposes, the term "cosmetology" does not include persons whose practice is limited to only performing makeup artistry, threading or applying or removing eyelash extensions; however, a person may perform a combination of not more than three (3) such practices and still be exempt from this chapter. The term "cosmetology" does not include persons who have obtained a special permit as a shampooist pursuant to Section 73-7-39.

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