Bill Text: MS HB464 | 2017 | Regular Session | Enrolled
Bill Title: State Board of Cosmetology; extend repealer on.
Sponsorship: Bipartisan Bill
Status: (Passed) 2017-03-23 - Approved by Governor [HB464 Detail]
Download: Mississippi-2017-HB464-Enrolled.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Public Health and Human Services
By: Representatives White, Karriem
House Bill 464
(As Sent to Governor)
AN ACT RELATING TO THE COSMETOLOGY PRACTICE ACT; TO AMEND SECTION 73-7-11, MISSISSIPPI CODE OF 1972, TO PRESCRIBE REQUIREMENTS FOR THE PHOTOGRAPH OF THE LICENSEE; TO AMEND SECTION 73-7-13, MISSISSIPPI CODE OF 1972, TO REVISE QUALIFICATIONS FOR TAKING THE COSMETOLOGY EXAMINATION; TO AMEND SECTION 73-7-15, MISSISSIPPI CODE OF 1972, TO REVISE QUALIFICATIONS FOR LICENSING OF COSMETOLOGY INSTRUCTORS; TO AMEND SECTION 73-7-16, MISSISSIPPI CODE OF 1972, TO PROVIDE CERTAIN REQUIREMENTS FOR LICENSING OF COSMETOLOGY SCHOOLS; TO AMEND SECTION 73-7-63, MISSISSIPPI CODE OF 1972, TO EXTEND THE AUTOMATIC REPEALER ON THE SECTIONS WHICH CREATE THE STATE BOARD OF COSMETOLOGY AND PRESCRIBE ITS DUTIES AND POWERS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. 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 practitioner and instructor license shall contain a head photograph of the license holder, the person's name, and the type of license held by the person. 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 2. 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 * * * a licensed school of
cosmetology, and (d) has a high school education or its equivalent or has been
successfully enrolled in a community college.
(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 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 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. 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 3. Section 73-7-15, Mississippi Code of 1972, is amended as follows:
73-7-15. (1) The board shall admit to examination for a cosmetology instructor's license any person who has made application to the board in proper form, has paid the required fee, and who:
(a) Is not less than twenty-one (21) years of age;
(b) Can read, write and speak English;
(c) Is a graduate of * * * a licensed cosmetology
school;
(d) Has a high school education or its equivalent;
(e) Has successfully
completed * * * one thousand (1,000) hours of instructor
training in * * * a licensed school of cosmetology;
(f) Has successfully
completed * * *
six (6) semester hours in college courses approved by the board;
(g) Holds a current, valid Mississippi cosmetology license; and
(h) Has at least * * * one (1) year active
practical experience as a cosmetologist or, as an alternative to such
experience, has successfully completed * * * one thousand (1,000)
hours of instructor training in * * * a licensed school of
cosmetology.
(2) The board shall admit to examination for an esthetics instructor's license any person who has made application to the board in proper form, has paid the required fee, and who:
(a) Is not less than twenty-one (21) years of age;
(b) Can read, write and speak English;
(c) Has a high school education or its equivalent;
(d) Has successfully
completed * * * one thousand (1,000) hours of instructor training in * * * a licensed school in
which the practice of esthetics is taught;
(e) Has successfully
completed * * *
six (6) semester hours in college courses approved by the board;
(f) Holds a current, valid Mississippi esthetician's license; and
(g) Has had * * * one (1) year of active
practical experience as an esthetician or, as an alternative to such
experience, has successfully completed one thousand (1,000) hours of instructor
training in * * * a licensed school in which the practice of
esthetics is taught.
(3) The board shall admit to examination for a manicurist instructor's license any person who has made application to the board in proper form, has paid the required fee, and who:
(a) Is not less than twenty-one (21) years of age;
(b) Can read, write and speak English;
(c) Has a high school education or its equivalent;
(d) Has successfully
completed * * * one thousand (1,000) hours of instructor training in * * * a licensed school in
which the practice of manicuring is taught;
(e) Has successfully
completed * * *
six (6) semester hours in college courses approved by the board;
(f) Holds a current, valid Mississippi manicurist's license; and
(g) Has had * * * one (1) year of active
practical experience as a manicurist or, as an alternative to such experience,
has successfully completed one thousand (1,000) hours of instructor training in * * * a licensed school in
which the practice of manicuring is taught.
(4) Applicants shall satisfactorily pass the examination prescribed by the board for licensing instructors prior to the issuance of the licenses provided for in this section. However, the board may, in its discretion, issue a temporary instructor's permit until such time as the next examination may be held, but such applicant shall be issued only one (1) temporary permit. All applications for an instructor's examination shall be accompanied by two (2) recent head photographs of the applicant.
(5) All instructors licensed pursuant to this section shall biennially obtain twenty-four (24) clock hours of continuing education in teacher training instruction in cosmetology or esthetics or manicuring, as the case may be, as approved by the board. Any instructor who fails to obtain the continuing education required by this subsection shall not be allowed to instruct nor enroll students under his or her license until such education requirement has been met. The board may issue an inactive instructor's license to such instructors, and an inactive license may be converted into an active license after proof satisfactory to the board of completion of at least twenty-four (24) clock hours of approved continuing education required for teacher training instruction.
(6) 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 4. 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 * * * have not
less than a Tenth-Grade education or a high school diploma or its equivalency.
SECTION 5. Section 73-7-63, Mississippi Code of 1972, is amended as follows:
73-7-63. Sections 73-7-1
through 73-7-37, which create the State Board of Cosmetology and prescribe its
duties and powers, shall stand repealed as of July 1, * * * 2021.
SECTION 6. This act shall take effect and be in force from and after July 1, 2017.
