Bill Text: MS SB2343 | 2021 | Regular Session | Introduced


Bill Title: Cosmetology; provide definition and registration requirement for hair arranging, threading and extending eyelashes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2021-02-02 - Died In Committee [SB2343 Detail]

Download: Mississippi-2021-SB2343-Introduced.html

MISSISSIPPI LEGISLATURE

2021 Regular Session

To: Public Health and Welfare

By: Senator(s) England

Senate Bill 2343

AN ACT TO AMEND SECTION 73-7-2, MISSISSIPPI CODE OF 1972, TO EXCLUDE THREADING FROM THE DEFINITION OF COSMETOLOGY; TO AMEND SECTION 73-7-31, MISSISSIPPI CODE OF 1972, TO EXCLUDE HAIR ARRANGING, THREADING AND EXTENDING EYELASHES FROM THE REQUIREMENTS RELATING TO COSMETOLOGY; TO AMEND SECTION 73-7-71, MISSISSIPPI CODE OF 1972, TO DEFINE HAIR ARRANGING, THREADING AND EXTENDING EYELASHES; TO REQUIRE THOSE ENGAGED IN HAIR ARRANGING, THREADING AND EXTENDING EYELASHES TO REGISTER WITH THE DEPARTMENT OF HEALTH; TO EXEMPT THOSE ENGAGED IN HAIR ARRANGING, THREADING AND EXTENDING EYELASHES FROM COSMETOLOGY LICENSURE LAW; 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 by tweezing, waxing * * *, threading or * * * any other methods of epilation, excluding threading, or tinting eyebrows and eyelashes.

              (v)  Removing superfluous hair by the use of depilation, excluding threading.

              (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.

              ( * * *iii)  Arching eyebrows to include trimming, tweezing, waxing * * *, threading or * * * any other methods of epilation or tinting eyebrows and eyelashes.

              ( * * *iiiii)  Tinting eyelashes or eyebrows.

              ( * * *iviii)  Waxing, stimulating * * *, or 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 2.  Section 73-7-31, Mississippi Code of 1972, is amended as follows:

     73-7-31.  Nothing in this chapter shall apply to:

          (a)  Hairdressing, manicuring or facial treatments given in the home to members of family or friends for which no charge is made.

          (b)  Persons whose practice is limited to the application of cosmetic products to another person * * * in connection with the sale, or attempted sale, of such products at retail, without compensation from such other person other than the regular retail price of such merchandise, with or without compensation.

          (c)  Barbers, and nothing in this chapter shall affect the jurisdiction of the State Board of Barber Examiners.

          (d)  Persons engaged in the practice of hair braiding, hair arranging, threading or extending eyelashes as defined in Section 73-7-71 who have completed the self-test part of the brochure on infection control techniques prepared by the State Department of Health and who keep the brochure and completed self-test available at the location at which the person is engaged in hair braiding, hair arranging, threading or extending eyelashes.

          (e)  Personas engaged in the practice of shampooing and conditioning hair.

     SECTION 3.  Section 73-7-71, Mississippi Code of 1972, is amended as follows:

     73-7-71.  (1)  For the purpose of this section, the following terms shall have the following meanings:

          (a)  "Hair braiding" means the use of techniques that result in tension on hair strands or roots by twisting, wrapping, weaving, extending, locking or braiding of the hair by hand or mechanical device, but does not include the application of dyes, reactive chemicals, or other preparations to alter the color of the hair or to straighten, curl or alter the structure of the hair.

          (b)  "Hair arranging" means to arrange, style, curl, dry, or straighten hair by hand or mechanical device.  It includes the use of hairsprays and topical agents, such as balms, oils and serums, and the use and styling of hair extensions and wigs.  It also includes massaging the face and neck.  It does not include cutting hair or the application of dyes, bleach, reactive chemicals, keratin treatments, or other preparations to color or alter the structure of hair.

          (c)  "Threading" means to remove hair from the eyebrows, upper lip, or other body parts by using cotton thread to pull hair from follicles.

          (d)  "Extending eyelashes" means to apply artificial eyelash extensions with glue to natural eyelashes or to remove artificial eyelash extensions.

     (2)  No person shall engage in hair braiding, hair arranging, threading or extending eyelashes for compensation in the State of Mississippi without first registering with the State Department of Health.  The department may charge each registrant a fee of not more than Twenty-five Dollars ($25.00) to cover the department's costs in registering the person and providing the person with the brochure prepared under subsection (3) of this section, which fee shall be uniform for all registrants.  Any increase in the fee charged by the board under this subsection shall be in accordance with the provisions of Section 41-3-65.  The purpose of this registration is only to maintain a listing of those persons who engage in hair braiding, hair arranging, threading or extending eyelashes for compensation in the state, and does not authorize the department to license or regulate * * * the these practices * * * of hair braiding in the state, except as provided in subsection (4) of this section.

     (3)  The State Department of Health shall develop and prepare * * * a brochures containing information about infection control techniques that are appropriate for hair braiding, hair arranging, threading or extending eyelashes in or outside of a salon setting.  The brochures shall be made available through the department's website or by mail, upon request, for a fee to cover the department's mailing costs.  The brochures shall contain a separate self-test for each service with questions on the information contained in the brochures regarding each service.  For a person engaged in hair braiding, hair arranging, threading or extending eyelashes to be exempt from the cosmetology licensure law, Section 73-7-1 et seq., the person shall complete the self-test part of the brochure for the services the person will provide and keep the brochure and completed self-test available at the location at which the person is engaged in hair braiding, hair arranging, threading or extending eyelashes.

     (4)  Representatives of the department may visit any facility or premises in which hair braiding, hair arranging, threading or extending eyelashes is performed at any time during business hours to determine if the brochure and completed self-test are available at the facility or premises.

     (5)  This section does not apply to cosmetologists, or barbers licensed to practice in Mississippi in their respective fields.

     SECTION 4.  This act shall take effect and be in force from and after July 1, 2021.


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