Bill Text: MS SB2854 | 2022 | Regular Session | Introduced
Bill Title: Practice of cosmetology; revise.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2022-02-01 - Died In Committee [SB2854 Detail]
Download: Mississippi-2022-SB2854-Introduced.html
MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Public Health and Welfare
By: Senator(s) Boyd
Senate Bill 2854
AN ACT TO AMEND SECTION 73-7-2, MISSISSIPPI CODE OF 1972, TO REVISE DEFINITIONS CONCERNING THE PRACTICE OF CERTAIN PROFESSIONS, INCLUDING COSMETOLOGY, WIGOLOGY AND MANICURING; TO AMEND SECTION 73-7-7, MISSISSIPPI CODE OF 1972, TO REVISE THE RULE-MAKING AUTHORITY OF THE BOARD OF COSMETOLOGY; TO AMEND SECTION 73-7-9, MISSISSIPPI CODE OF 1972, TO REVISE LICENSURE UNDER THE ACT; TO AMEND SECTION 73-7-11, MISSISSIPPI CODE OF 1972, TO CLARIFY THE DISPLAY OF A LICENSE UNDER THE ACT; TO AMEND SECTION 73-7-13, MISSISSIPPI CODE OF 1972, TO CLARIFY EXAMINATIONS BY THE BOARD; TO AMEND SECTION 73-7-14, MISSISSIPPI CODE OF 1972, TO CLARIFY THE STATUS OF ADDITIONAL LICENSES; TO AMEND SECTION 73-7-16, MISSISSIPPI CODE OF 1972, TO CLARIFY WHICH SCHOOLS REQUIRE LICENSURE UNDER THE ACT; TO AMEND SECTION 73-7-17, MISSISSIPPI CODE OF 1972, TO ALLOW SPAS TO BE LICENSED UNDER THE ACT; TO AMEND SECTION 73-7-18, MISSISSIPPI CODE OF 1972, TO CLARIFY LICENSURE; TO AMEND SECTION 73-7-21, MISSISSIPPI CODE OF 1972, TO CLARIFY LICENSURE; TO AMEND SECTION 73-7-23, MISSISSIPPI CODE OF 1972, TO REVISE THE NUMBER OF HOURS REQUIRED; TO AMEND SECTION 73-7-25, MISSISSIPPI CODE OF 1972, TO CLARIFY DEMONSTRATOR REQUIREMENTS; TO AMEND SECTION 73-7-29, MISSISSIPPI CODE OF 1972, TO REVISE FEES; TO AMEND SECTION 73-7-33, MISSISSIPPI CODE OF 1972, TO CLARIFY LICENSURE; TO AMEND SECTION 73-7-35, MISSISSIPPI CODE OF 1972, TO CLARIFY PLACE AND MANNER OF PRACTICE; 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, shoulders, arms, hands, legs or feet for cosmetic purposes:
(i) Cutting, clipping
or trimming hair * * *,
hair pieces and wigs.
(ii) Styling, arranging,
dressing, curling, waving, permanent waving, straightening, cleansing, bleaching,
tinting, coloring or similarly treating hair * * *, hair pieces and wigs.
(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, sugaring, or any other methods of epilation, or tinting eyebrows and eyelashes.
(v) Removing superfluous hair by the use of depilation.
(vi) Manicuring and pedicuring.
For regulation purposes, the term "cosmetology" does not include persons whose practice is limited to only performing makeup artistry, threading or applying or removing eyelash extensions; however, a person may perform a combination of not more than three (3) such practices and still be exempt from this chapter.
(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, sugaring, 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 terms "esthetics," "cosmetology" and "manicuring" shall not include the diagnosis, treatment or therapy of any dermatological condition. For regulation purposes, the term "esthetics" does not include persons whose practice is limited to only performing makeup artistry, threading or applying or removing eyelash extensions; however, a person may perform a combination of not more than three (3) such practices and still be exempt from this chapter.
(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 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 all of those.
(l) "Spa" means a commercial establishment offering health and beauty treatment through such means as steam baths, exercise equipment and massage.
SECTION 2. 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 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 board may revoke the license of any cosmetologist, esthetician, manicurist,
instructor, school of cosmetology, * * * salon, or spa or may refuse to issue
a license to any cosmetologist, esthetician, manicurist, instructor, school of cosmetology, * * * salon or spa 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 board shall have authority
to prescribe reasonable rules and regulations governing sanitation of schools of
cosmetology and beauty salons and spas for the guidance of persons licensed
under this chapter in the operation of schools of cosmetology, or a beauty salon
or spa, and in the practice of cosmetology, esthetics, manicuring and pedicuring * * *. 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 * * *, salon or spa at any time during
the regular business hours of that school * * *, salon or spa to conduct the investigation.
Such investigation may include, but not be limited to, conducting oral interviews
with the complaining party, school * * *, salon or spa owner(s) * * * or students of the school, and reviewing records
of the school * * *,
salon or spa pertinent to the complaint and related to an area subject to
the authority of the board. * * *
(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 3. 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, spa or school of cosmetology, or practice cosmetology, esthetics, manicuring and pedicuring, or practice as an instructor, unless such person has received a license or temporary permit therefor from the board. 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 4. 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, establishment, 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 5. 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, spa 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 * * * or manicurist * * * 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 6. Section 73-7-14, Mississippi Code of 1972, is amended as follows:
73-7-14. (1) Any person who
holds a current, valid cosmetology, manicuring or esthetics license may be licensed
as a master cosmetologist, manicurist or esthetician if he or she has been a licensed
cosmetologist, manicurist or esthetician in this state for a period of not less
than twelve (12) months, and has completed a minimum course of sixteen (16) hours'
study in continuing education approved by the board within the licensing period
preceding initial application for the license, and has paid the original license
fee. Master cosmetologist, manicurist or esthetician licenses shall be renewable
upon completion of a minimum course of eight (8) hours' study in continuing education
approved by the board within a licensing period and payment of the required renewal
fee. * * *
These are optional licenses and persons who do not wish to complete
the continuing education requirement may obtain a * * * professional license when renewing
their license.
(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 7. Section 73-7-16, Mississippi Code of 1972, is amended as follows:
73-7-16. (1) All schools of cosmetology, esthetics, manicuring 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 8. Section 73-7-17, Mississippi Code of 1972, is amended as follows:
73-7-17. (1) All salon or spa owners shall have a salon or spa license and shall pay to the board 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 or spa license will be required to pay a delinquent fee in addition to the renewal fee. A salon or spa 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 9. Section 73-7-18, Mississippi Code of 1972, is amended as follows:
73-7-18. (1) The board 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 * * * a licensed 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 10. Section 73-7-21, Mississippi Code of 1972, is amended as follows:
73-7-21. (1) The board 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 * * * a licensed 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 board 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 11. 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
or manicurist over the age of seventeen (17) years from any other state who has
satisfactorily completed the required number of * * * 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,
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 * * *
six (6) semester hours in college courses approved by the board, 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 one-time 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, military spouse or person who establishes residence in this state shall be subject to the provisions of Section 73-50-1 or 73-50-2, as applicable.
SECTION 12. 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, spa or school, apply for and obtain a permit from the board. 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, spas and schools.
SECTION 13. Section 73-7-29, Mississippi Code of 1972, is amended as follows:
73-7-29. The State Board of Cosmetology shall assess fees in the following amounts and for the following purposes:
(a) Initial license/renewal for cosmetologist,
manicurist * * * or esthetician * * *.................... $ 50.00
(b) Instructor initial license/renewal......... 80.00
(c) Master cosmetologist license/renewal....... 70.00
(d) Delinquent renewal penalty - cosmetologist,
manicurist, esthetician * * * and instructor.............. 50.00
There shall be no renewal fee for any licensee seventy (70) years of age or older.
(e) Salon or spa application and initial
inspection.............................................. 85.00
(f) Salon or spa reinspection................. 35.00
(g) Salon or spa change of ownership or location,
or both................................................. 85.00
(h) Salon or spa renewal...................... 60.00
(i) Salon or spa delinquent renewal penalty.... 50.00
(j) Application and initial inspection for a
new school.............................................. 300.00
(k) New school reinspection................... 100.00
(l) School change of ownership................ 300.00
(m) School relocation......................... 150.00
(n) School renewal............................ 75.00
(o) School delinquent renewal penalty.......... 100.00
(p) Duplicate license......................... 10.00
(q) Penalty for insufficient fund checks....... 20.00
(r) Affidavit processing...................... 15.00
The State Board of Cosmetology 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 14. Section 73-7-33, Mississippi Code of 1972, is amended as follows:
73-7-33. In addition to the rules and regulations that may be prescribed and promulgated by the board under authority of this chapter, the following rules and regulations shall be observed:
Every establishment must be kept
sanitary, including all utensils and equipment, must be well ventilated and * * * have proper lighting.
Each * * *
establishment must be provided with hot and cold running water. Electrical
appliances must be properly installed and grounded.
Cosmetologists shall be allowed to wear any type of clothing or apparel while at work as long as such clothing or apparel is sanitary.
Cosmetologists shall be allowed to use any type of hair roller as long as they do so in a sanitary manner.
Persons with a communicable disease
or parasitic infection that is medically recognized to be a direct threat of transmission
by the type of contact that practitioners have with clients are not to be permitted
to practice in an establishment until their condition is no longer communicable
under those circumstances. No work shall be performed on any patron having a visible
disease unless the patron shall produce a certificate from a practicing physician
stating that the patron is free from infectious, contagious or communicable disease.
A * * *
practitioner's license does not authorize such person to treat or prescribe
for an infectious, contagious or any other disease.
A home salon or spa must have a solid wall to the ceiling with an outside entrance, or if a door exists between the salon and the remainder of the house, the door must be kept closed at all times while service is being rendered.
SECTION 15. Section 73-7-35, Mississippi Code of 1972, is amended as follows:
73-7-35. (1) No person licensed pursuant to this chapter shall practice his or her profession except within the physical confines of a salon, spa or school possessing and displaying a properly executed license issued pursuant to Section 73-7-17. However, this requirement shall not prevent a person from rendering his or her services to any person who may be confined to his or her home, a hospital, or other place as a result of illness, and cosmetologists, estheticians or manicurists shall be permitted to render their services to deceased persons away from their salons or spas.
(2) No salon or spa owner licensed pursuant to this chapter shall allow a cosmetologist, esthetician, or manicurist to practice his/her profession in the salon or spa without possessing a valid license issued pursuant to this chapter.
SECTION 16. This act shall take effect and be in force from and after July 1, 2022.
