Bill Text: MS HB1386 | 2012 | Regular Session | Introduced
Bill Title: Licensed cosmetologists; require random site visits for inspections by State Board of Cosmetology employees.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2012-03-06 - Died In Committee [HB1386 Detail]
Download: Mississippi-2012-HB1386-Introduced.html
MISSISSIPPI LEGISLATURE
2012 Regular Session
To: Public Health and Human Services
By: Representative Dixon
House Bill 1386
AN ACT TO AUTHORIZE THE STATE BOARD OF COSMETOLOGY TO CONDUCT RANDOM SITE INSPECTIONS OF LICENSED COSMETOLOGY ESTABLISHMENTS TO PREVENT THE SALE OR USE OF ADULTERATED OR MISLABELED COSMETOLOGY PRODUCTS NOT OTHERWISE REGULATED BY LAW; TO AUTHORIZE THE STATE TO ESTABLISH REGULATIONS FOR THE ENFORCEMENT OF THIS ACT; TO PROVIDE THAT THE STATE CHEMIST SHALL PROVIDE LABORATORY SERVICES IN SUPPORT OF THE COSMETOLOGY REGULATORY PROGRAMS; TO CLARIFY AUTHORITY OF INSPECTORS OF THE STATE BOARD OF COSMETOLOGY; TO PRESCRIBE PENALTIES FOR INTERFERENCE WITH A COSMETOLOGY INSPECTOR; TO PROVIDE HOW ADULTERATED OR MISBRANDED COSMETOLOGY PRODUCTS ARE HANDLED; TO PROVIDE FOR NOTICE OF AN EMBARGO; TO AUTHORIZE COURT PROCEEDINGS AGAINST THE OWNER OF THE EMBARGOED ARTICLE; TO PROVIDE FOR COURT COSTS, FEES, STORAGE AND OTHER PROPER EXPENSES AGAINST THE OWNER; TO PROVIDE FOR SUPERVISED LABELING OR PROCESSING AND AUTHORIZING DESTRUCTION OF CONTAMINATED ARTICLES; TO REQUIRE THE DISTRICT ATTORNEY TO INSTITUTE PROCEEDINGS TO PROSECUTE CHRONIC PERSISTENT VIOLATIONS; TO AMEND SECTION 73-7-7, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The State Board of Cosmetology is hereby charged with the enforcement of this act. The board shall have the authority to establish such rules and regulations not inconsistent with this act as will best carry its provisions into effect.
SECTION 2. In the discretion of the State Board of Cosmetology, samples or specimens for analysis may be taken by duly qualified and sworn inspectors. Whenever practicable, samples shall be taken by representatives of the board. The Office of the State Chemist shall have primary responsibility for providing chemical, physical and microbiological analytical services in support of regulatory programs provided for herein.
SECTION 3. Upon showing of identification, representatives of the board shall have free access at all reasonable hours to any place where cosmetology services are provided for compensation, whether direct or indirect, and in calling for and taking a sample of any product used in providing such services, he shall tender the market price asked for it.
SECTION 4. Any person or dealer who shall impede, obstruct, hinder, prevent or attempt to prevent a representative of the board in the performance of his duties, shall be guilty of a misdemeanor, and upon conviction, shall be fined in accordance with the provisions of Section 73-7-27, or be imprisoned in the county jail not more than ninety (90) days, at the discretion of the court.
SECTION 5. (1) Whenever a duly authorized agent of the State Board of Cosmetology finds, or has probable cause to believe, that any product used in providing cosmetology services is adulterated or so misbranded as to be dangerous or fraudulent, within the meaning of this act, he shall affix to such article a tag or other appropriate marking, giving notice that such article is, or is suspected of being, adulterated or misbranded and has been detained or embargoed and warning all persons not to remove or dispose of such article by sale or otherwise until permission for removal or disposal is given by an authorized agent or the court. It shall be unlawful for any person to remove or dispose of such detained or embargoed article by sale or otherwise unless approval for removal or disposal is given by an authorized agent or the court. All costs associated with an embargo or detention of products reasonably believed to be adulterated shall be borne by the owner thereof or his agent.
(2) When an article is adulterated or misbranded, the owner of the article may be proceeded against by petition to the judge of the county or circuit court in whose jurisdiction the article is located, detained or embargoed for a libel for condemnation of such article. When an authorized agent has found that an article which is embargoed or detained is not adulterated or misbranded, he shall remove the tag or other marking.
(3) If the court finds that a sampled, detained or embargoed article is adulterated or misbranded, such article, after entry of the decree, shall be destroyed at the expense of the owner thereof, under the supervision of an agent of the board, and all court costs and fees, storage and other proper expenses shall be taxed against the owner of such article or his agent. When the adulteration or misbranding can be corrected by proper labeling or processing of the article, the court, after entry of the decree and after such costs, fees and expenses have been paid and a good and sufficient bond, signifying that such article shall be so labeled or processed, has been executed, may by order direct that such article be delivered to the owner thereof or his agent for such labeling or processing under the supervision of an agent of the State Board of Health. The expense of such supervision shall be paid by the owner of the article or his agent. The article shall be returned to the owner or his agent and the bond shall be discharged on the representation to the court by the State Board of Cosmetology that the article is no longer in violation of this act and that the expenses of such supervision have been paid.
SECTION 6. It shall be the duty of each district attorney, county attorney or city attorney to whom the State Board of Cosmetology reports chronic persistent violations of this act to cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner required by law. Before the board reports chronic or persistent violations of this act to any such attorney for the institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given appropriate notice and an opportunity to present his views before the board, either orally or in writing, in person or by attorney with regard to such contemplated proceeding.
SECTION 7. Section 73-7-7, Mississippi Code of 1972, is amended as follows:
73-7-7. (1) The board shall have authority to make reasonable rules and regulations for the administration of the provisions of this chapter. The board 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 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 Hairdressers and Cosmetologists 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. The board may revoke the license of any cosmetologist, esthetician, manicurist, wig specialist, instructor, school of cosmetology, or salon, or may refuse to issue a license to any cosmetologist, esthetician, manicurist, wig specialist, 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 in carrying out the provisions of this chapter.
(2) (a) The board 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. When the board has reason to believe that any of the provisions of this chapter or of the rules and regulations of the board have been violated, either upon receipt of a written complaint alleging such violations or upon the board's own initiative, the board, 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. 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.
(b) On its own initiative, the board, or any of its authorized agents, shall have authority to enter upon the premises of any school of cosmetology or salon licensed by the board at any time during the regular business hours of that school or salon to conduct random site inspections of the school or salon in the manner prescribed in Sections 1 through 6 of this act. During each inspection, the owner, operator or licensed representative of the school or salon inspected must sign a form, designed and prescribed by the board, to verify the inspection. Such form shall provide for the date of the inspection, the inspection result and the signatures of the inspecting board member or authorized agent and the owner, operator or licensed representative of the school or salon.
(3) On or before July 1, 2001, the board 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.
(4) If the board 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 8. This act shall take effect and be in force from and after July 1, 2012.
