Bill Text: MS HB1068 | 2014 | Regular Session | Introduced


Bill Title: Cosmetology licensure law; revise several provisions of.

Spectrum: Bipartisan Bill

Status: (Failed) 2014-02-04 - Died In Committee [HB1068 Detail]

Download: Mississippi-2014-HB1068-Introduced.html

MISSISSIPPI LEGISLATURE

2014 Regular Session

To: Public Health and Human Services; Judiciary B

By: Representatives Young, Carpenter

House Bill 1068

AN ACT TO AMEND SECTION 73-7-2, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF THE TERM "SCHOOL" UNDER THE COSMETOLOGY LICENSURE LAW; TO AMEND SECTION 73-7-11, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE REQUIREMENT THAT COSMETOLOGY LICENSES CONTAIN A HEAD PHOTOGRAPH OF THE LICENSE HOLDER APPLIES ONLY TO THE PRACTITIONER LICENSE AND NOT TO THE COSMETOLOGY SCHOOL LICENSE AND SALON LICENSE; TO AMEND SECTION 73-7-16, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT PERSONS WHO HAVE A HIGH SCHOOL DIPLOMA OR ITS EQUIVALENT MAY BE ADMITTED TO SCHOOLS OF COSMETOLOGY; AND FOR RELATED PURPOSES.

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

     SECTION 1.  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 2.  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 3.  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 have a high school diploma or its equivalent, unless the student is enrolled in a high school cosmetology program.

     SECTION 4.  This act shall take effect and be in force from and after July 1, 2014.


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