Bill Text: MS SB2151 | 2014 | Regular Session | Introduced
Bill Title: Cosmetology licensure law; make technical amendments to.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2014-02-04 - Died In Committee [SB2151 Detail]
Download: Mississippi-2014-SB2151-Introduced.html
MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Public Health and Welfare
By: Senator(s) Kirby
Senate Bill 2151
AN ACT TO AMEND SECTION 73-7-1, MISSISSIPPI CODE OF 1972, TO DELETE CERTAIN RESTRICTIONS ON MEMBERSHIP APPOINTMENT TO THE STATE BOARD OF COSMETOLOGY; TO AMEND SECTION 73-7-2, MISSISSIPPI CODE OF 1972, TO REQUIRE PROOF THAT EDUCATION LEVELS OF COSMETOLOGY PROGRAMS BEING TAUGHT ARE SECONDARY OR POST-SECONDARY; TO AMEND 73-7-11, MISSISSIPPI CODE OF 1972, TO CLARIFY THE REQUIREMENT OF PHOTO HEAD SHOT LICENSES ISSUED BY THE STATE BOARD OF COSMETOLOGY; TO AMEND 73-7-13, MISSISSIPPI CODE OF 1972, TO INCREASE THE NUMBER OF CREDIT HOURS REQUIRED FOR BARBERS TO RECEIVE THEIR COSMETOLOGY LICENSE; TO AMEND SECTION 73-7-16, MISSISSIPPI CODE OF 1972, TO PRESCRIBE MINIMUM QUALIFICATIONS FOR ENROLLMENT IN SCHOOLS OF COSMETOLOGY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 73-7-1, Mississippi Code of 1972, is amended as follows:
73-7-1. There is hereby continued and reconstituted a State Board of Cosmetology, 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.
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. * * *
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.
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.
(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.
(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, secondary or post-secondary, operated for the purpose of teaching cosmetology, or manicuring and pedicuring, or esthetics, or wigology, or all of those.
SECTION 3. Section 73-7-11, Mississippi Code of 1972, is amended as follows:
73-7-11. Each owner of a license issued by the board under the provisions of this chapter shall display the license in a conspicuous place in his or her principal office, place of business or employment, at all times.
Each license shall contain a head photograph of the license holder, the person's name, and the type of license held by the person. The requirement of a head photograph shall apply only to the practitioner license, but shall not apply to the cosmetology school license and salon license. The requirements of this section shall apply at the time of issuance of a new license or at the time of renewal of an existing license.
SECTION 4. 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 an accredited school of cosmetology, and (d) has a high-school education or its equivalent.
(a) The board may, in its discretion, issue to any student who has completed the prescribed hours in a licensed school and paid the required fee a temporary permit until such time as the next examination may be held, but such student shall be issued only one (1) temporary permit. Application for an examination and license shall be accompanied by two (2) passport photographs of the applicant. No temporary permit will be issued 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 an accredited 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 * * * six hundred (600) hours
in an accredited 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 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 in active 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 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 5. Section 73-7-16, Mississippi Code of 1972, is amended as follows:
73-7-16. (1) All schools of cosmetology or school owners shall have a school license and shall pay to the board the required license fee biennially therefor. A grace period of sixty (60) days will be given in which to renew the license, and upon the expiration of the grace period of sixty (60) days, any applicant for the renewal of a school license will be required to pay a delinquent fee in addition to the renewal fee. The board is hereby authorized and empowered to promulgate necessary and reasonable rules and regulations for the issuance and renewal of school licenses. However, the board shall not refuse to issue or renew a school's license because of the number of schools already in that area of the state, and any rule promulgated by the board for that purpose shall be null and void.
(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) The board shall require all schools of cosmetology to only admit students who met minimum competencies on an acceptable aptitude test, or the student has a high-school diploma or its equivalent, or unless enrolled in a high-school cosmetology program.
SECTION 6. This act shall take effect and be in force from and after July 1, 2014.
