Bill Text: MS SB2668 | 2013 | Regular Session | Introduced


Bill Title: Reciprocity licensure of cosmetology instructors; provide standards for.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-02-05 - Died In Committee [SB2668 Detail]

Download: Mississippi-2013-SB2668-Introduced.html

MISSISSIPPI LEGISLATURE

2013 Regular Session

To: Public Health and Welfare

By: Senator(s) Polk

Senate Bill 2668

AN ACT TO AMEND SECTIONS 73-7-23 AND 73-7-15, MISSISSIPPI CODE OF 1972, TO PROVIDE STANDARDS FOR RECIPROCITY LICENSURE FOR COSMETOLOGY INSTRUCTORS; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 73-7-23, Mississippi Code of 1972, is amended as follows:

     73-7-23.  (1)  The board may, upon application, issue a license by reciprocity to any cosmetologist, esthetician, manicurist or wig specialist 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, manicurists or wig specialists, 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 an instructor's * * * examination license upon presenting a valid instructor's license from that state and proof of a high school education or its equivalent, provided that the instructor:

          (a) * * *has had three (3) years or more of experience as a licensed instructor prior to application,  Complete an Application of Intent entitled, INSTRUCTOR APPLICATION FOR LICENSURE BY RECIPROCITY, in its entirety and submitted to the Mississippi State Board of Cosmetology.

          (b) * * *can read, write and speak English, and (c) has completed twelve (12) semester hours in college courses approved by the board.  Such application must be accompanied by two (2) recent head photographs of the applicant.  Applicants shall pay the required examination fee and license fee.  Cause an affidavit or certification to be issued by the board in which the training was acquired or the license is held.  If the state in which the applicant is currently licensed is also the state in which the training was acquired, then only one (1) affidavit is required.  Where the current license is held in one state and the original license or education was obtained in a different state, and the state of current licensure will not attest to the applicant's training, an affidavit is also required from the state of origin.

              (i)  The affidavit must be prepared and signed by an authorized designee and bear the impress of the licensing authority's state seal.  The licensing authority must then send the affidavit directly to the Mississippi State Board of Cosmetology.  The affidavit must contain the following information:

                   1.  Applicant's name, current mailing address, and phone number.

                   2.  Applicant's registration number or license identification number.

                   3.  Information regarding current license, including expiration date and whether the licensee is in good standing.

              (ii)  The applicant must appear for an Application Eligibility Interview upon receipt of a completed Application of Intent and Affidavit/Certification of Training, which meets the reciprocity requirements of the State of Mississippi, the applicant is scheduled for an interview, and notified of the date and time;

              (iii)  The applicant must present the following documents at the time of the interview:

                   1.  Photographic identification attached to his or her application for reciprocity.

                   2.  A full face photo is required; profiles are not acceptable.  The photograph must be recognizable as the person who is making application for reciprocity.

              (iv)  Applicant must present a government-issued photographic identification card which contains the applicant's signature and date of birth.  In the event of a name change, legal proof of the change must be presented.

              (v)  Two (2) additional forms of identification must be presented by the applicant.  In the event of a name change, legal proof of the change must be presented.

              (vi)  A current, valid out-of-state license must be presented for review to determine that all information contained in it including name, registration number, social security number, etc., matches the information which was provided in the affidavit.      (3)  If it is determined that the applicant has met all statutory requirements, he or she will be required to complete an application form for licensure, and to pay the required fee for same.  If it is determined that the applicant has not met all statutory requirements, he or she will be advised of same.

     (4)  Within one (1) year of reciprocity granted, the instructor will be required to complete a certified postsecondary instructor program and the school must have a certified postsecondary instructor program in place before reciprocity will be granted.

     The postsecondary instructor program training curriculum must be approved by the board prior to licensure granted to any applicant instructor.

     (5)  The following procedure for certification shall be followed:

          (a)  The applicant school must submit, in writing, a detailed description of the postsecondary instructor program to the board for approval.

          (b)  The process for approval by the board on the postsecondary instructor program shall be as follows:

              (i)  If approved, the postsecondary instructor program will be labeled "Certified".

              (ii)  If denied, the board shall state the reasons for denial and the applicant school shall have ninety (90) days to comply with the request(s).

     Any rules or regulations contrary to this statute as it pertains to licensure reciprocity for instructors shall be deemed null and void.

     SECTION 2.  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 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 licensed 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 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 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 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 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 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.

     (7)  Upon application for an instructor's license by reciprocity, the board shall follow Section 73-7-23.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2013.


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