Bill Text: MS SB2098 | 2016 | Regular Session | Introduced
Bill Title: Practice of cosmetology; abolish State Board of Cosmetology and transfer regulation to State Board of Health.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-02-23 - Died In Committee [SB2098 Detail]
Download: Mississippi-2016-SB2098-Introduced.html
MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Public Health and Welfare
By: Senator(s) Polk
Senate Bill 2098
AN ACT TO AMEND SECTION 73-7-1, MISSISSIPPI CODE OF 1972, TO AUTHORIZE AND EMPOWER THE STATE BOARD OF HEALTH ACTING THROUGH THE STATE DEPARTMENT OF HEALTH TO ADMINISTER THE EXAMINATION, LICENSING AND REGULATION OF PERSONS WHO PRACTICE COSMETOLOGY, ESTHETICS, MANICURING, PEDICURING OR WIGOLOGY; TO PROVIDE THAT FEES CHARGED FOR THE EXAMINATION, LICENSURE AND REGULATION OF COSMETOLOGISTS SHALL BE DEPOSITED INTO A SPECIAL FUND TO BE USED BY THE STATE DEPARTMENT OF HEALTH FOR SUCH PURPOSE; TO ABOLISH THE STATE BOARD OF COSMETOLOGY AND TRANSFER ITS RESPONSIBILITIES AND DUTIES TO THE STATE BOARD OF HEALTH; TO TRANSFER THE REGULATION OF SCHOOLS AND INSTRUCTORS OF COSMETOLOGY FROM THE STATE BOARD OF COSMETOLOGY TO THE COMMISSION ON PROPRIETARY SCHOOL AND COLLEGE REGISTRATION; TO AMEND SECTIONS 73-7-2, 73-7-3, 73-7-5, 73-7-7, 73-7-9, 73-7-12, 73-7-13, 73-7-15, 73-7-16, 73-7-17, 73-7-18, 73-7-21, 73-7-23, 73-7-25, 73-7-27, 73-7-29, 73-7-37 AND 73-7-63, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO AMEND SECTION 75-60-5, MISSISSIPPI CODE OF 1972, TO DELETE THE EXEMPTION OF COSMETOLOGY SCHOOLS AND COURSES OF INSTRUCTION FROM THE JURISDICTION OF THE COMMISSION ON PROPRIETARY SCHOOL AND COLLEGE REGISTRATION; 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. (1) The State Board of Health established and empowered by Section 41-3-1 et seq., Mississippi Code of 1972, acting through the State Department of Health, shall discharge as additional duties and responsibilities, the provisions of this chapter in the examination, licensing and regulation of persons who practice cosmetology, esthetics, manicuring, pedicuring and wigology.
Wherever the term "State Board of Cosmetology" appears in any law, the same shall mean the State Department of Health. The State Health Officer may assign to the appropriate offices such powers and duties deemed appropriate to carry out the lawful functions of this chapter.
(2) Effective July 1, 2016, the State Board of Cosmetology is abolished. All real and personal property, records, personnel and unexpended balances of appropriated funds shall be transferred to the State Department of Health on that date.
* * *
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 Health acting through the State Department of
Health.
(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, operated for the purpose of teaching cosmetology, or manicuring and pedicuring, or esthetics, or wigology, or all of those.
SECTION 3. Section 73-7-3, Mississippi Code of 1972, is amended as follows:
73-7-3. The * * * State Board of Health shall be
authorized to employ such clerical and stenographic assistance, bookkeepers,
investigators and other agents as they may deem necessary to carry out the
provisions of this chapter. * * *
* * *
The salaries of all paid employees of the board shall be paid out of the funds in the board's special fund. The inspectors shall, in addition to their salaries, be reimbursed for such expenses as are allowed other state employees under the provisions of Section 25-3-41. In addition to the paying of office rent, the board is authorized to purchase necessary office furniture and equipment, stationery, books, certificates and any other equipment necessary for the proper administration of this chapter.
SECTION 4. Section 73-7-5, Mississippi Code of 1972, is amended as follows:
73-7-5. (1) All fees and
any other monies received by the board shall be deposited in a special fund
that is created in the State Treasury and shall be used for the implementation
and administration of this chapter when appropriated by the Legislature for
such purpose. The monies in the special fund shall be subject to all
provisions of the state budget laws that are applicable to special fund
agencies, and shall be disbursed by the State Treasurer only upon warrants
issued by the State Fiscal Officer upon requisitions signed by the * * * State
Health Officer. Any interest earned on this special fund shall be credited
by the State Treasurer to the fund and shall not be paid into the State General
Fund. Any unexpended monies remaining in the special fund at the end of a
fiscal year shall not lapse into the State General Fund.
(2) The State Auditor shall
audit * * * the transactions involving the special fund
at least once a year in the same manner as for other special fund agencies. In
addition, the Governor, in his discretion, shall have the power from time to
time to require an audit of the * * * special fund,
the same to be made by the State Auditor upon request of the Governor. * * *.
SECTION 5. Section 73-7-7, Mississippi Code of 1972, is amended as follows:
73-7-7. (1) The * * * State Board of Health 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 * * * the practice of
cosmetology and the other professions it is charged to regulate in this state.
The * * * State Board of Health may appoint a
Mississippi Cosmetology Council to develop for adoption recommendations for
rules and regulations, school curriculum, and related matters * * *, whose
membership shall consist of, in addition to the board members, five (5) elected
delegates from the Mississippi Cosmetology 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 * * * State Board of Health may revoke
the license of any cosmetologist, esthetician, manicurist, instructor, school
of cosmetology, or salon, or may refuse to issue a license to any
cosmetologist, esthetician, manicurist, * * * 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) The * * * State Department of Health 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.
(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 6. Section 73-7-9, Mississippi Code of 1972, is amended as follows:
73-7-9. No person required
by this chapter to have a license shall conduct a beauty salon * * * practice
cosmetology, esthetics, manicuring and pedicuring, * * * unless such
person has received a license or temporary permit therefor from the * * * State Board of Health. Students
determined to have violated any of these rules or regulations prior to being
licensed by the board shall be subject to the same discipline by the board as
licensees. They may be disciplined and fined accordingly.
SECTION 7. Section 73-7-12, Mississippi Code of 1972, is amended as follows:
73-7-12. The State Board of * * * Health shall contract with a
recognized testing service to conduct examinations for cosmetologists,
estheticians, manicurists and instructors at such times and locations as
determined by the contracted testing service. No member of the board shall be
authorized to personally administer the examinations.
SECTION 8. 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 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 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 five hundred (500) 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 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 * * * Health 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 9. Section 73-7-15, Mississippi Code of 1972, is amended as follows:
73-7-15. (1) The * * * Commission on Proprietary School and
College Registration established in Section 75-60-4, Mississippi Code of 1972,
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 an accredited cosmetology school;
(d) Has a high school education or its equivalent;
(e) Has successfully completed seven hundred fifty (750) hours of instructor training in an accredited school of cosmetology;
(f) Has successfully completed twelve (12) semester hours in college courses approved by the board;
(g) Holds a current, valid Mississippi cosmetology license; and
(h) Has at least two (2) years' active practical experience as a cosmetologist or, as an alternative to such experience, has successfully completed two thousand (2,000) hours of instructor training in an accredited school of cosmetology.
(2) The * * * commission shall admit to
examination for an esthetics instructor's license any person who has made
application to the * * *
commission 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 six hundred (600) hours of instructor training in an accredited school in which the practice of esthetics is taught;
(e) Has successfully completed twelve (12) semester hours in college courses approved by the board;
(f) Holds a current, valid Mississippi esthetician's license; and
(g) Has had two (2) years 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 an accredited school in which the practice of esthetics is taught.
(3) The * * * commission shall admit to
examination for a manicurist instructor's license any person who has made
application to the * * *
commission 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 six hundred (600) hours of instructor training in an accredited school in which the practice of manicuring is taught;
(e) Has successfully completed twelve (12) semester hours in college courses approved by the board;
(f) Holds a current, valid Mississippi manicurist's license; and
(g) Has had two (2) years 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 an accredited school in which the practice of manicuring is taught.
(4) Applicants shall
satisfactorily pass the examination prescribed by the * * * commission for licensing instructors
prior to the issuance of the licenses provided for in this section. However,
the * * * commission
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 * * * commission. 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 * * * commission 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 * * * commission 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 10. 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 * * * Commission
on Proprietary School and College Registration established in Section 75-60-4,
Mississippi Code of 1972, 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 * * * commission is hereby authorized
and empowered to promulgate necessary and reasonable rules and regulations for
the issuance and renewal of school licenses. However, the * * * commission 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 * * * commission 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 * * * commission shall require all
schools of cosmetology to only admit students who met minimum
competencies on an acceptable aptitude test unless enrolled in a high school
cosmetology program.
SECTION 11. Section 73-7-17, Mississippi Code of 1972, is amended as follows:
73-7-17. (1) All salon
owners shall have a salon license and shall pay to the * * * State Board of Health the required
license fee therefor and pay the required renewal fee for renewal thereof. 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 salon license will be required to pay a delinquent fee in
addition to the renewal fee. A salon license that has been expired for over
one (1) year is nonrenewable and requires a new application. Prior to the
initial issuance of such license, the board shall inspect the premises to
determine if same qualifies with the law, upon payment by the applicant of the
required inspection fee.
(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, Mississippi Code of 1972.
SECTION 12. Section 73-7-18, Mississippi Code of 1972, is amended as follows:
73-7-18. (1) The * * * State Board of Health shall admit
to examination for an esthetician'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 seventeen (17) years of age;
(b) Can read, write and speak English;
(c) Has a high school education or its equivalent; and
(d) Has successfully completed a course of training in esthetics of not less than six hundred (600) hours in an accredited school in which the practice of esthetics is taught, including not less than one hundred (100) hours of theory and five hundred (500) hours of skill practice.
Any licensed esthetician wishing to acquire a cosmetology license may apply the six hundred (600) hours of esthetics training toward the requirements for a cosmetology license.
(2) Every person who has completed not less than three hundred fifty (350) hours of training in esthetics approved by the board in this or any other state prior to July 1, 1987, shall be registered with the board within a period not exceeding six (6) months after July 1, 1987, and shall be granted an esthetician's license by the board if such person presents satisfactory evidence to the board that he or she has fulfilled all the requirements to be admitted to examination except the training hours requirement.
(3) 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, Mississippi Code of 1972.
SECTION 13. Section 73-7-21, Mississippi Code of 1972, is amended as follows:
73-7-21. (1) The * * * State Board of Health shall admit
to examination for a manicurist's 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 three hundred fifty (350) hours of practice and related theory in manicuring and pedicuring over a period of no less than nine (9) weeks in an accredited school of cosmetology in this or any other state; and
(d) Has a high school education or its equivalent.
(2) Licensed manicurists desiring to pursue additional hours to be eligible for a license as a cosmetologist may be credited with the three hundred fifty (350) hours acquired in studying and training to be a manicurist which may be applied to the number of hours required for a cosmetology license examination.
(3) The * * * State Board of Health shall adopt
regulations governing the use of electric nail files for the purpose of filing
false or natural nails.
(4) 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 14. Section 73-7-23, Mississippi Code of 1972, is amended as follows:
73-7-23. (1) The * * * State Board of Health may, upon
application, issue a license by reciprocity to any cosmetologist, esthetician
or manicurist over the age of seventeen (17) years from any other state who has
satisfactorily completed the required number of accredited hours in that state,
provided the state board from which the applicant comes issues to
cosmetologists, estheticians or manicurists, as the case may be, from the State
of Mississippi a license under the same conditions. Applications must be
accompanied by (a) proof satisfactory to the board that the required hours have
been completed, and (b) the required reciprocity fee, which shall be paid to
the board.
(2) An instructor from any
other state may be qualified for a Mississippi instructor's license upon
presenting a valid instructor's license and proof of a high school education or
its equivalent to the Commission on Proprietary School and College
Registration, provided that the instructor (a) is not less than twenty-one
(21) years of age, (b) has completed training equivalent to the State of Mississippi's
training as provided in Section 73-7-15 or has three (3) years or more of
experience as a licensed instructor prior to application, (c) can read, write
and speak English, (d) has completed twelve (12) semester hours in college
courses approved by the * * *board commission, and (e) has completed a minimum of
five (5) continuing education hours in Mississippi board laws, rules and
regulations. Such application must be accompanied by two (2) recent passport
photographs of the applicant. Applicants shall pay the required license fee.
(3) An applicant for a Mississippi instructor's license by reciprocity who has not completed the college courses requirement at the time of application may apply for a onetime temporary teaching permit, which shall be valid for six (6) months and shall be nonrenewable. Such application must be accompanied by proof of enrollment in college course(s), required permit fee, two (2) recent passport photographs of the applicant and other documentation as required for application for a Mississippi instructor's license by reciprocity. Upon proof of completion of college courses and payment of the required license fee, a Mississippi instructor's license shall be issued.
(4) The issuance of a license by reciprocity to a military-trained applicant or military spouse shall be subject to the provisions of Section 73-50-1.
SECTION 15. Section 73-7-25, Mississippi Code of 1972, is amended as follows:
73-7-25. Every demonstrator
in the field of cosmetology shall, before making demonstrations in a salon or
school, apply for and obtain a permit from the * * * State Board of Health. For such
permit, which shall be for one (1) year, the required fee shall be paid to the
board. This section shall be construed to apply to demonstrators in salons and
schools.
SECTION 16. Section 73-7-27, Mississippi Code of 1972, is amended as follows:
73-7-27. (1) Any complaint
may be filed with the * * *
State Board of Health by * * * an agent of the * * * Mississippi Department of Health
or by any person charging any licensee of the board with the commission of any
of the offenses enumerated in subsection (2) of this section. Such complaint
shall be in writing, signed by the accuser or accusers, and verified under
oath, and such complaints shall be investigated as set forth in Section 73-7-7.
If, after the investigation, the board through its administrative review agents
determines that there is not substantial justification to believe that the
accused licensee has committed any of the offenses enumerated, it may dismiss
the complaint or may prepare a formal complaint proceeding against the licensee
as hereinafter provided. When used with reference to any complaint filed
against a licensee herein, the term "not substantial justification"
means a complaint that is frivolous, groundless in fact or law, or vexatious,
as determined by unanimous vote of the board. In the event of a dismissal, the
person filing the accusation and the accused licensee shall be given written
notice of the board's determination. If the board determines there is
reasonable cause to believe the accused has committed any of those offenses,
the secretary of the board shall give written notice of such determination to
the accused licensee and set a day for a hearing as provided in subsection (3)
of this section.
(2) The board shall have the power to revoke, suspend or refuse to issue or renew any license or certificate provided for in this chapter, and to fine, place on probation and/or otherwise discipline a student or licensee or holder of a certificate, upon proof that such person: (a) has not complied with or has violated any of the rules and regulations promulgated by the board; (b) has not complied with or has violated any of the sections of this chapter; (c) has committed fraud or dishonest conduct in the taking of the examination herein provided for; (d) has been convicted of a felony; (e) has committed grossly unprofessional or dishonest conduct; (f) is addicted to the excessive use of intoxicating liquors or to the use of drugs to such an extent as to render him or her unfit to practice in any of the practices or occupations set forth in this chapter; (g) has advertised by means of knowingly false or deceptive statements; or (h) has failed to display the license or certificate issued to him or her as provided for in this chapter; or (i) has been convicted of violating any of the provisions of this chapter. A conviction of violating any of the provisions of this chapter shall be grounds for automatic suspension of the license or certificate of such person.
(3) The board shall not revoke, suspend or refuse to issue or renew any license or certificate, or fine, place on probation or otherwise discipline any person in a disciplinary matter except after a hearing of which the applicant or licensee or holder of the certificate affected shall be given at least twenty (20) days' notice in writing, specifying the reason or reasons for denying the applicant a license or certificate of registration, or in the case of any other disciplinary action, the offense or offenses of which the licensee or holder of a certificate of registration is charged. Such notice may be served by mailing a copy thereof by United States first-class certified mail, postage prepaid, to the last-known residence or business address of such applicant, licensee or holder of a certificate. The hearing on such charges shall be at such time and place as the board may prescribe.
(4) At such hearings, all witnesses shall be sworn by a member of the board, and stenographic notes of the proceedings shall be taken. Any party to the proceedings desiring it shall be furnished with a copy of such stenographic notes upon payment to the board of such fees as it shall prescribe, not exceeding, however, the actual costs of transcription.
(5) The * * * State Board of Health is hereby
authorized and empowered to issue subpoenas for the attendance of witnesses and
the production of books and papers. The process issued by the board shall
extend to all parts of the state and such process shall be served by any person
designated by the board for such service. The person serving such process
shall receive such compensation as may be allowed by the board, not to exceed
the fee prescribed by law for similar services. All witnesses who shall be
subpoenaed, and who shall appear in any proceedings before the board, shall
receive the same fees and mileage as allowed by law.
(6) Where in any proceeding
before the * * *
State Board of Health any witness shall fail or refuse to attend upon
subpoena issued by the board, shall refuse to testify, or shall refuse to
produce any books and papers, the production of which is called for by the
subpoena, the attendance of such witness and the giving of his testimony and
the production of the books and papers shall be enforced by any court of
competent jurisdiction of this state, in the same manner as are enforced for
the attendance and testimony of witnesses in civil cases in the courts of this
state.
(7) The board shall conduct the hearing in an orderly and continuous manner, granting continuances only when the ends of justice may be served. The board shall, within sixty (60) days after conclusion of the hearing, reduce its decision to writing and forward an attested true copy thereof to the last-known residence or business address of such applicant, licensee or holder of a certificate, by way of United States first-class certified mail, postage prepaid. Such applicant, licensee, holder of a certificate, or person aggrieved shall have the right of appeal from an adverse ruling, or order, or decision of the board to the Chancery Court of the First Judicial District of Hinds County, Mississippi, upon forwarding notice of appeal to the board within thirty (30) days after the decision of the board is mailed in the manner here contemplated. An appeal will not be allowed in the event notice of appeal, together with the appeal bond hereinafter required, shall not have been forwarded to the board within the thirty-day period. Appeal shall be to the Chancery Court of the First Judicial District of Hinds County, Mississippi. The appeal shall thereupon be heard in due course by the court which shall review the record and make its determination thereon.
(8) The appellant shall, together with the notice of appeal, forward to and post with the board a satisfactory bond in the amount of Five Hundred Dollars ($500.00) for the payment of any costs which may be adjudged against him.
(9) In the event of an appeal, the court shall dispose of the appeal and enter its decision promptly. The hearing on the appeal may, in the discretion of the chancellor, be tried in vacation. If there is an appeal, such appeal may, in the discretion of and on motion to the chancery court, act as a supersedeas. However, any fine imposed by the board under the provisions of this chapter shall not take effect until after the time for appeal has expired, and an appeal of the imposition of such a fine shall act as a supersedeas.
(10) Any fine imposed by
the * * * State
Board of Health upon a licensee or holder of a certificate shall be in
accordance with the following schedule:
(a) For the first violation, a fine of not less than Fifty Dollars ($50.00) nor more than One Hundred Dollars ($100.00) for each violation.
(b) For the second and each subsequent violation, a fine of not less than One Hundred Dollars ($100.00) nor more than Four Hundred Dollars ($400.00) for each violation.
The power and authority of the board to impose such fines under this section shall not be affected or diminished by any other proceeding, civil or criminal, concerning the same violation or violations.
(11) In addition to the
reasons specified in subsection (2) of this section, the * * * State Board of Health shall be
authorized to suspend the license of any licensee for being out of compliance
with an order for support, as defined in Section 93-11-153. The procedure for
suspension of a license for being out of compliance with an order for support,
and the procedure for the reissuance or reinstatement of a license suspended
for that purpose, and the payment of any fees for the reissuance or
reinstatement of a license suspended for that purpose, shall be governed by
Section 93-11-157 or 93-11-163, as the case may be. Actions taken by the board
in suspending a license when required by Section 93-11-157 or 93-11-163 are not
actions from which an appeal may be taken under this section. Any appeal of a
license suspension that is required by Section 93-11-157 or 93-11-163 shall be
taken in accordance with the appeal procedure specified in Section 93-11-157 or
93-11-163, as the case may be, rather than the procedure specified in this
section. If there is any conflict between any provision of Section 93-11-157
or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157
or 93-11-163, as the case may be, shall control.
SECTION 17. Section 73-7-29, Mississippi Code of 1972, is amended as follows:
73-7-29. The State Board of * * * Health shall assess fees in
the following amounts and for the following purposes:
(a) Initial license/renewal for cosmetologist,
manicurist, esthetician, or wig specialist.............. $ 50.00
* * *
( * * *b) Master cosmetologist
license/renewal 70.00
( * * *c) Delinquent renewal penalty -
cosmetologist,
manicurist, esthetician * * * and wig specialist * * *.. 50.00
There shall be no renewal fee for any licensee seventy (70) years of age or older.
( * * *ed) Salon application and initial
inspection................................................ 85.00
( * * *e) Salon reinspection.................
35.00
( * * *f) Salon change of ownership or
location,
or both................................................. 85.00
( * * *g) Salon renewal......................
60.00
( * * *h) Salon delinquent renewal penalty...
50.00
* * *
( * * *i) Duplicate license..................
10.00
( * * *j) Penalty for insufficient fund
checks 20.00
( * * *k) Affidavit processing...............
15.00
The State Board of * * * Health may charge additional
fees for services which the board deems appropriate to carry out its intent and
purpose. These additional fees shall not exceed the cost of rendering the
service.
The board is fully authorized to make refunds of any deposits received by the board for services which are not rendered. Refunds will automatically be made on overpayment of fees. Refunds will be made on underpayments by written requests from applicants. If no request for refund is made within sixty (60) days, the fees will be forfeited.
SECTION 18. Section 73-7-37, Mississippi Code of 1972, is amended as follows:
73-7-37. (1) The violation of any of the provisions of this chapter, including the use of fraudulent statements to obtain any benefits or privileges under this chapter or practicing one (1) of these professions without a license, shall constitute a misdemeanor, punishable in any court of competent jurisdiction at the seat of government, and any person or firm convicted of the violation of any of the provisions of this chapter shall be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00). The court shall not be authorized to suspend or suspend the execution of the fine required under this section.
(2) If any person, firm or
corporation violates any of the provisions of this chapter, the * * * State Board of Health,
acting through the Attorney General or an attorney employed by the board, shall
apply in the Chancery Court of the First Judicial District of Hinds
County, Mississippi, for an order enjoining such violation or for an order enforcing
compliance with the provisions of this chapter. Upon the filing of a verified
petition in the chancery court and after notice as provided under the
Mississippi Rules of Civil Procedure, such court, if satisfied by the sworn
petition, by affidavit or otherwise, that such person has violated any of the
provisions of this chapter, may issue an injunction without notice or bond,
enjoining such continued violation and such injunction shall remain in force
and effect until a final hearing. If at such hearing it is established that
such person has violated or is violating any of the provisions of this chapter,
the court may enter a decree permanently enjoining such violation or enforcing
compliance with this chapter. In addition, the court may enter a judgment
against such person for attorney's fees, court costs and the actual costs
incurred by the board in investigating the actions of such person for which the
board brought the suit for an injunction. In case of violation of any decree
issued in compliance with this subsection, the court may punish the offender
for contempt of court and the court shall proceed as in other cases.
(3) The proceedings in this section shall be in addition to and not in lieu of the other remedies and penalties provided in this chapter.
SECTION 19. Section 73-7-63, Mississippi Code of 1972, is amended as follows:
73-7-63. Sections 73-7-1
through 73-7-37, which * * * provide
the power and responsibilities of the State Board of Health relating to
regulating the practice of cosmetology, shall stand repealed as of July 1, * * * 2020.
SECTION 20. Section 75-60-5, Mississippi Code of 1972, is amended as follows:
75-60-5. The provisions of this chapter do not apply to the following categories of courses, schools or colleges:
(a) Tuition-free courses or schools conducted by employers exclusively for their own employees;
(b) Schools, colleges, technical institutes, community colleges, junior colleges or universities under the jurisdiction of the Board of Trustees of State Institutions of Higher Learning or the Mississippi Community College Board;
(c) Schools or courses
of instruction under the jurisdiction of the * * * State Board of
Barber Examiners, the State Board of Massage Therapy or the State Board of
Nursing;
(d) Courses of instruction required by law to be approved or licensed, or given by institutions approved or licensed, by a state board or agency other than the Commission on Proprietary School and College Registration; however, a school so approved or licensed may apply to the Commission on Proprietary School and College Registration for a certificate of registration to be issued in accordance with the provisions of this chapter;
(e) Correspondence education;
(f) Nonprofit private schools offering academic credits at primary or secondary levels, or conducting classes for exceptional education as defined by regulations of the State Department of Education;
(g) Private nonprofit colleges and universities or any private school offering academic credits at primary, secondary or postsecondary levels;
(h) Courses of instruction conducted by a public school district or a combination of public school districts;
(i) Courses of instruction conducted outside the United States;
(j) A school that
offers only instruction in subjects that the Commission on Proprietary School
and College Registration determines are primarily for a vocational, personal improvement
or cultural * * *
purpose and that does not represent to the public that its course of
study or instruction will or may produce income for those who take that study
or instruction;
(k) Courses conducted primarily on an individual tutorial basis, where not more than one (1) student is involved at any one time, except in those instances where the Commission on Proprietary School and College Registration determines that the course is for the purpose of preparing for a vocational objective;
(l) Kindergartens or similar programs for preschool-age children.
SECTION 21. This act shall take effect and be in force from and after July 1, 2016.
