Board of Cosmetology and Barbering; bring forward code sections related to.

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To: Public Health and
Welfare
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Bryan

SENATE BILL NO. 2440

AN ACT TO BRING FORWARD SECTIONS 73-7-1 THROUGH 73-7-37, 1
MISSISSIPPI CODE OF 1972, WHICH CREATE AND RELATE TO THE STATE 2
BOARD OF COSMETOLOGY AND BARBERING, FOR PURPOSES OF POSSIBLE 3
AMENDMENT; AND FOR RELATED PURPOSES. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 5
SECTION 1. Section 73-7-1, Mississippi Code of 1972, is 6
brought forward as follows: 7
73-7-1. Any reference to the State Board of Cosmetology or 8
the Board of Barber Examiners in Title 73, Chapters 5 and 7, 9
Mississippi Code of 1972, or any other provision of law, or in any 10
rule, regulation or document, shall mean the State Board of 11
Cosmetology and Barbering created in this section. 12
There is created the State Board of Cosmetology and 13
Barbering, which shall be composed of seven (7) members, with six 14
(6) members to be appointed by the Governor, with the advice and 15
consent of the Senate, and the State Health Officer or his or her 16
designee. Of the appointed members, three (3) members shall be 17
from the cosmetology professions and three (3) members shall be 18
from the barbering profession. However, no more than two (2) 19
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members shall be appointed from each Supreme Court district as 20
such district existed on July 1, 2024, and one (1) member from 21
each district shall be a barber. 22
The initial term of office for the two (2) members appointed 23
from the First Supreme Court District shall be two (2) years and 24
thereafter shall be six (6) years from the expiration date of the 25
previous term; the initial term of office for the two (2) members 26
appointed from the Second Supreme Court District shall be three 27
(3) years and thereafter shall be six (6) years from the 28
expiration date of the previous term; and the initial term of 29
office for the two (2) members appointed from the Third Supreme 30
Court District shall be four (4) years and thereafter shall be six 31
(6) years from the expiration date of the previous term. No 32
member may serve more than three (3) consecutive terms. The 33
initial appointments must be made before August 1, 2024. If 34
appointments are not made by August 1, 2024, the State Board of 35
Cosmetology and the Board of Barber Examiners shall continue to 36
operate in their separate capacities until such time as the Board 37
of Cosmetology and Barbering is appointed. 38
There shall be a president of the board and such other 39
officers as deemed necessary by the board elected by and from its 40
membership, provided that the member elected as president shall 41
have at least one (1) year of experience on the board. Any member 42
appointed by the Governor and confirmed by the Senate for a term 43
to begin on or after August 1, 2024, who was designated by the 44
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Governor to serve as president of the board, shall be fully 45
qualified to serve on the board for a full term of office, but 46
shall not serve as president of the board unless elected by the 47
membership of the board as provided under this paragraph. 48
To be eligible for appointment as a member of the State Board 49
of Cosmetology and Barbering, the person applying shall have been 50
a citizen of this state for a minimum of five (5) years 51
immediately prior to appointment. Such person shall be at least 52
thirty (30) years of age, possess a high school education or its 53
equivalent, and shall have been licensed by the board with not 54
less than ten (10) years' active practice in any profession 55
regulated by the board. No member of the board shall be connected 56
in any way with any school in which any of the professions 57
regulated by the board are taught. 58
In the event of vacancy by death or resignation of any 59
member of the board, the Governor shall, within thirty (30) days, 60
appoint a person possessing all qualifications required to serve 61
the remainder of the term. Any member who has not attended two 62
(2) consecutive meetings of the board for reasons other than 63
illness of such member shall be subject to removal by the 64
Governor. The president of the board shall notify the Governor in 65
writing when any such member has failed to attend two (2) 66
consecutive regular meetings. 67
The salaries of all paid employees of the board shall be paid 68
out of funds in the board's special fund in the State Treasury. 69
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Each member of the board, excepting the inspectors provided for 70
herein, shall receive per diem as authorized by Section 25-3-69, 71
and shall be reimbursed for such other expenses at the same rate 72
and under the same conditions as other state employees as provided 73
for in Section 25-3-41. 74
The board shall give reasonable public notice of all board 75
meetings not less than ten (10) days prior to such meetings. 76
In addition to any powers conferred upon the board in other 77
provisions of law, the board shall appoint an individual to serve 78
as the executive director of the board. The executive director 79
shall possess the qualifications established by the board, which 80
shall be based on National Best Practices. The executive director 81
shall be considered a full-time position. The executive director 82
shall serve at the will and pleasure of the board and shall devote 83
his or her time to the proper administration of the board and the 84
duties assigned to him or her by the board. The executive 85
director shall be paid a salary established by the board, subject 86
to the approval of the State Personnel Board. Subject to the 87
availability of funding, the executive director may employ such 88
administrative staff as may be necessary to assist the executive 89
director and the board in carrying out the duties and directives 90
of the board. 91
SECTION 2. Section 73-7-2, Mississippi Code of 1972, is 92
brought forward as follows: 93
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73-7-2. As used in this chapter, the following terms shall 94
have the meanings as defined in this section unless the context 95
otherwise requires: 96
(a) "Board" means the State Board of Cosmetology and 97
Barbering. 98
(b) "Barbering" means the occupation of shaving or 99
trimming the beard, cutting or dressing the hair, giving facial or 100
scalp treatment with oils or creams or other cosmetic preparations 101
made for that purpose, antiseptics, powders, clays or lotions to 102
the scalp, face, neck or upper part of the body either by hand or 103
by means of mechanical appliances, singeing and shampooing the 104
hair, dyeing the hair, or permanently waving or straightening the 105
hair for compensation. 106
(c) "Barber" means a person, other than a student, who 107
performs barbering on the general public for compensation, and who 108
shall satisfy the qualifications and licensure requirements 109
provided in this chapter. 110
(d) "Cosmetology" means any one (1) or a combination of 111
the following practices if they are performed on a person's head, 112
face, neck, shoulder, arms, hands, legs or feet for cosmetic 113
purposes: 114
(i) Cutting, clipping or trimming hair and hair 115
pieces. 116
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(ii) Styling, arranging, dressing, curling, 117
waving, permanent waving, straightening, cleansing, bleaching, 118
tinting, coloring or similarly treating hair and hair pieces. 119
(iii) Cleansing, stimulating, manipulating, 120
beautifying or applying oils, antiseptics, clays, lotions or other 121
preparations, either by hand or by mechanical or electrical 122
apparatus. 123
(iv) Arching eyebrows, to include tweezing, 124
waxing, threading or any other methods of epilation, or tinting 125
eyebrows and eyelashes. 126
(v) Removing superfluous hair by the use of 127
depilation. 128
(vi) Manicuring and pedicuring. 129
For regulation purposes, the terms "cosmetology" and 130
"barbering" do not include persons whose practice is limited to 131
only performing makeup artistry, threading or applying or removing 132
eyelash extensions; however, a person may perform a combination of 133
not more than three (3) such practices and still be exempt from 134
this chapter. 135
(e) "Cosmetologist" means a person who for 136
compensation, whether direct or indirect, engages in the practice 137
of cosmetology. 138
(f) "Esthetics" means any one (1) or a combination of 139
the following practices: 140
(i) Massaging the face or neck of a person. 141
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(ii) Arching eyebrows to include trimming, 142
tweezing, waxing, threading or any other method of epilation. 143
(iii) Tinting eyelashes or eyebrows. 144
(iv) Waxing, stimulating, cleaning or beautifying 145
the face, neck, arms or legs of a person by any method with the 146
aid of the hands or any mechanical or electrical apparatus, or by 147
the use of a cosmetic preparation. 148
The term "esthetics" shall not include the diagnosis, 149
treatment or therapy of any dermatological condition. For 150
regulation purposes, the term "esthetics" does not include persons 151
whose practice is limited to only performing makeup artistry, 152
threading or applying or removing eyelash extensions; however, a 153
person may perform a combination of not more than three (3) such 154
practices and still be exempt from this chapter. 155
(g) "Esthetician" means any person who, for 156
compensation, either direct or indirect, engages in the practice 157
of esthetics. 158
(h) "Instructor" means a person licensed to teach 159
cosmetology, barbering, or nail technology, or esthetics, or all 160
of those, pursuant to this chapter, and shall include those 161
persons engaged in the instruction of student instructors. 162
(i) " Nail technology" means any one (1) or a 163
combination of the following practices: 164
(i) Cutting, trimming, polishing, coloring, 165
tinting, cleansing or otherwise treating a person's nails. 166
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(ii) Applying artificial nails. 167
(iii) Massaging or cleaning a person's hands, 168
arms, legs or feet. 169
(j) " Nail technician" means a person who for 170
compensation, either direct or indirect, engages in the practice 171
of nail technology. 172
(k) "Master" means a person holding a cosmetology, 173
barbering, nail technology and/or esthetics license who has 174
completed the minimum course of continuing education prescribed by 175
Section 73-7-14. 176
(l) "Salon/barber shop" means an establishment operated 177
for the purpose of engaging in the practice of cosmetology, 178
barbering, nail technology, or esthetics, or all of those. 179
(m) "School" means an establishment, public or private, 180
operated for the purpose of teaching cosmetology, barbering, nail 181
technology, or esthetics, or all of those. 182
SECTION 3. Section 73-7-3, Mississippi Code of 1972, is 183
brought forward as follows: 184
73-7-3. (1) The board shall be authorized to employ such 185
clerical assistance, bookkeepers, investigators and other agents 186
as they may deem necessary to carry out the provisions of this 187
chapter, and to fix their tenure of employment and compensation 188
therefor. The members of the board, as well as all employees of 189
the board except for investigators, shall file a bond with the 190
Secretary of State in the sum of not less than Twenty-five 191
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Thousand Dollars ($25,000.00) payable to the State of Mississippi 192
for the faithful performance of their duties. The bond shall be 193
made by a surety company authorized to do business in this state, 194
the premium of the bond to be paid out of any money in the board's 195
special fund in the State Treasury. 196
(2) The office of the board shall be located in the greater 197
metropolitan area of the City of Jackson, Mississippi, and if 198
office space cannot be obtained in any state-owned building, the 199
board is authorized to rent suitable office space and to pay 200
therefor out of funds in the board's special fund. The board 201
shall employ inspectors as needed, not to exceed twelve (12), who 202
shall be full-time employees and whose salaries and duties shall 203
be fixed by the board. 204
(3) The salaries of all paid employees of the board shall be 205
paid out of the funds in the board's special fund in the State 206
Treasury. The inspectors shall, in addition to their salaries, be 207
reimbursed for such expenses as are allowed other state employees 208
under the provisions of Section 25-3-41. In addition to the 209
paying of office rent, the board is authorized to purchase 210
necessary office furniture and equipment, stationery, books, 211
certificates and any other equipment necessary for the proper 212
administration of this chapter. 213
(4) When, in the opinion of the board, it is essential that 214
an employee of the board work after normal working hours, the 215
employee may receive credit for compensatory leave. 216
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(a) The board should use the standards established by 217
the State Personnel Board in determining whether or not the 218
board's executive director may receive compensatory leave. 219
(b) Employees of the board may be granted 220
administrative leave with pay, which means discretionary leave 221
with pay, other than personal leave or major medical leave. 222
(i) The board may grant administrative leave to 223
any employee of the board serving as a witness or juror or party 224
litigant, as verified by the clerk of the court, in addition to 225
any fees paid for such services, and such services or necessary 226
appearance in any court shall not be counted as personal leave. 227
(ii) The board may grant administrative leave with 228
pay to employees of the board in the event of extreme weather 229
conditions or in the event of a man-made, technological, or 230
natural disaster or emergency. Any employee on a previously 231
approved leave during the affected period shall be eligible for 232
such administrative leave granted by the board and shall not be 233
charged for his or her previously approved leave during the 234
affected period. 235
(iii) The board may grant administrative leave 236
with pay to any employee of the board who is a certified disaster 237
service volunteer of the American Red Cross who participates in 238
specialized disaster relief services for the American Red Cross in 239
this state and in states contiguous to this state when the 240
American Red Cross requests the employee's participation. 241
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Administrative leave granted under this subparagraph shall not 242
exceed twenty (20) days in any twelve-month period. Employees on 243
leave under this subparagraph shall not be deemed to be an 244
employee of the state for purposes of workers' compensation or for 245
purposes of claims against the state allowed under Title 11, 246
Chapter 46, Mississippi Code of 1972. As used in this 247
subparagraph, the term "disaster" includes disasters designated at 248
Level II and above in American Red Cross' national regulations and 249
procedures. 250
SECTION 4. Section 73-7-5, Mississippi Code of 1972, is 251
brought forward as follows: 252
73-7-5. (1) All fees and any other monies received by the 253
board shall be deposited in a special fund that is created in the 254
State Treasury and shall be used for the implementation and 255
administration of this chapter when appropriated by the 256
Legislature for such purpose. The monies in the special fund 257
shall be subject to all provisions of the state budget laws that 258
are applicable to special fund agencies, and shall be disbursed by 259
the State Treasurer only upon warrants issued by the State Fiscal 260
Officer upon requisitions signed by the president of the board or 261
another board member designated by the president, and 262
countersigned by the secretary of the board. Any interest earned 263
on this special fund shall be credited by the State Treasurer to 264
the fund and shall not be paid into the State General Fund. Any 265
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unexpended monies remaining in the special fund at the end of a 266
fiscal year shall not lapse into the State General Fund. 267
(2) The State Auditor shall audit the financial affairs of 268
the board and the transactions involving the special fund at least 269
once a year in the same manner as for other special fund agencies. 270
In addition, the Governor, in his discretion, shall have the power 271
from time to time to require an audit of the financial affairs of 272
the board, the same to be made by the State Auditor upon request 273
of the Governor. The Governor shall have the power to suspend any 274
member of the board who shall be found in default in any account 275
until such time as it shall be determined whether such default was 276
a result of an act of dishonesty on the part of the member, and in 277
the event it is found that such default is an act of dishonesty, 278
misfeasance or nonfeasance on the part of the member, such member 279
shall be immediately removed by the Governor from office. 280
SECTION 5. Section 73-7-7, Mississippi Code of 1972, is 281
brought forward as follows: 282
73-7-7. (1) The board shall have authority to make 283
reasonable rules and regulations for the administration of the 284
provisions of this chapter. The board shall set up a curriculum 285
for operation of schools of all of the professions that it is 286
charged to regulate in this state. The board shall receive and 287
consider for adoption recommendations for rules and regulations, 288
school curriculum, and related matters from the Mississippi 289
Cosmetology and Barbering Council, whose membership shall consist 290
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of, in addition to the six (6) appointed board members, five (5) 291
elected delegates from the Mississippi Cosmetology and Barbering 292
Association, five (5) elected delegates from the Mississippi 293
Cosmetology and Barber School Association, five (5) elected 294
delegates from the Mississippi Esthetics Association, five (5) 295
elected delegates from the Mississippi Independent Beauticians and 296
Barbers Association, and five (5) elected delegates from the 297
Cosmetology and Barbering School Owners and Teachers Association. 298
The board may revoke the license or may refuse to issue a license 299
to any cosmetologist, barber, esthetician, nail technician, 300
instructor, school of any profession regulated by the board, or 301
salon/barber shop that fails or refuses to comply with the 302
provisions of this chapter and the rules and regulations of the 303
board in carrying out the provisions of this chapter. 304
(2) The board shall have authority to prescribe reasonable 305
rules and regulations governing sanitation of schools of all 306
professions regulated by the board, salons, and barber shops for 307
the guidance of persons licensed under this chapter in the 308
operation of schools of all professions regulated by the board, 309
salons or barber shops, and in the practice of cosmetology, 310
barbering, esthetics, and nail technology. However, any and all 311
rules and regulations relating to sanitation shall, before 312
adoption by the board, have the written approval of the State 313
Board of Health. When the board has reason to believe that any of 314
the provisions of this chapter or of the rules and regulations of 315
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the board have been violated, either upon receipt of a written 316
complaint alleging such violations or upon the board's own 317
initiative, the board, or any of its authorized agents, shall 318
investigate same and shall have authority to enter upon the 319
premises of a school of any profession regulated by the board, 320
salon or barber shop at any time during the regular business hours 321
of that school, salon or barber shop to conduct the investigation. 322
Such investigation may include, but not be limited to, conducting 323
oral interviews with the complaining party, school, salon or 324
barber shop owner(s) and/or students of the school, and reviewing 325
records of the school, salon or barber shop pertinent to the 326
complaint and related to an area subject to the authority of the 327
board. Such investigation shall not include written interviews or 328
surveys of school employees or students, and the privacy of 329
patrons shall be respected by any person making such 330
investigation. 331
(3) The board shall adopt regulations to ensure that all 332
fingernail service products used by licensees regulated by the 333
board do not contain methyl methacrylate (MMA) as a monomer agent 334
for cosmetic nail applications. 335
(4) If the board finds that a violation of the provisions of 336
this chapter or the rules and regulations of the board has 337
occurred, it may cause a hearing to be held as set forth in 338
Section 73-7-27. 339
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SECTION 6. Section 73-7-9, Mississippi Code of 1972, is 340
brought forward as follows: 341
73-7-9. No person required by this chapter to have a license 342
shall conduct a school of any profession regulated by the board, 343
salon or barber shop, or practice cosmetology, barbering, 344
esthetics, nail technology, or practice as an instructor, unless 345
such person has received a license or temporary permit therefor 346
from the board. Anyone determined to have violated any of these 347
rules or regulations prior to being licensed by the board shall be 348
subject to the same discipline by the board as licensees. They 349
may be disciplined and fined accordingly. 350
SECTION 7. Section 73-7-11, Mississippi Code of 1972, is 351
brought forward as follows: 352
73-7-11. Each owner of a license issued by the board under 353
the provisions of this chapter shall display the license in a 354
conspicuous place in his or her principal office, place of 355
business or employment, at all times. 356
Each practitioner and instructor license shall contain a 357
recent passport-style photograph of the license holder, the 358
person's name, and the type of license held by the person. The 359
requirements of this section shall apply at the time of issuance 360
of a new license or at the time of renewal of an existing license. 361
A barber pole can only be displayed if the business carries a 362
barber license or is dual licensed as a cosmetology salon and 363
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barber shop with at least one (1) current barber licensee employed 364
at the location. 365
SECTION 8. Section 73-7-12, Mississippi Code of 1972, is 366
brought forward as follows: 367
73-7-12. The board shall conduct examinations for 368
cosmetologists, barbers, estheticians, nail technicians and 369
instructors at such times and locations as determined by the 370
board. The members of the board shall not personally administer 371
or monitor the examinations, but the board shall contract for 372
administrators of the examinations. A member of the board shall 373
not receive any per diem compensation for any day that the member 374
is present at the location(s) where the examinations are being 375
administered. 376
SECTION 9. Section 73-7-13, Mississippi Code of 1972, is 377
brought forward as follows: 378
73-7-13. (1) The board shall admit to examination for a 379
cosmetology license any person who is at least sixteen (16) years 380
old and who has made application to the board in proper form, has 381
paid the required fee, and who has successfully completed no less 382
than fifteen hundred (1500) hours over a period of no less than 383
nine (9) months in a licensed school of cosmetology or no less 384
than three thousand (3,000) hours in an apprenticeship program 385
certified by the board, and has a high school education or its 386
equivalent or has been successfully enrolled in a community 387
college. Apprenticeships provided for in this subsection shall be 388
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monitored or mentored by a licensed cosmetology instructor only. 389
Only one (1) apprentice may be mentored by any person at the same 390
time. 391
(2) The board may, in its discretion, issue to any student 392
who has completed the prescribed hours in a licensed school or 393
approved apprenticeship program and paid the required fee a 394
temporary permit until such time as the next examination may be 395
held but not exceeding six (6) months. Such student shall be 396
issued only one (1) temporary permit. Application for an 397
examination and license shall be accompanied by two (2) recent 398
passport-style photographs of the applicant. No temporary permit 399
will be issued to an applicant from any other state to operate a 400
beauty salon, barber shop or school of any profession regulated by 401
the board in this state unless in case of emergency. 402
(3) Applicants for the cosmetologist license, after having 403
satisfactorily passed the prescribed examination, shall be issued 404
a cosmetology license which shall be valid for two (2) years, and 405
the license shall be subject to renewal. No license issued by the 406
board may be renewed until all monetary fines and penalties 407
assessed by the board to the licensee are paid in full. 408
(4) Any barber who has successfully completed no less than 409
fifteen hundred (1500) hours in a licensed barber school and who 410
holds a current valid certificate of licensure to practice 411
barbering is eligible to take the cosmetology examination to 412
secure a cosmetology license upon successfully completing six 413
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hundred (600) hours in a licensed school of cosmetology. All fees 414
for application, examination, licensure, and renewal thereof shall 415
be the same as provided for cosmetologists. 416
(5) Each application or filing made under this section shall 417
include the social security number(s) of the applicant in 418
accordance with Section 93-11-64. 419
(6) Any licensed cosmetologist, barber, esthetician, or nail 420
technician who is registered but not actively practicing in the 421
State of Mississippi at the time of making application for renewal 422
of an active license, may apply for registration as inactive 423
status. Such "inactive" status list shall be maintained by the 424
board and shall set out the names and post office addresses of all 425
persons registered but not actively practicing in this state, 426
arranged alphabetically by name and also by the municipalities and 427
states of their last-known professional or residential address. 428
Only the cosmetologists, barbers, estheticians and nail 429
technicians registered on the appropriate list as actively 430
practicing in the State of Mississippi shall be authorized to 431
practice those professions. No cosmetologist, barber, nail 432
technician or esthetician shall be registered on the "inactive" 433
list until the person has furnished a statement of intent to take 434
such action to the board. Any licensed cosmetologist, barber, 435
nail technician or esthetician, who is registered on the 436
"inactive" status list shall not be eligible for active licensure 437
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status until either of the following conditions have been 438
satisfied: 439
(a) Written application shall be submitted to the board 440
stating the reasons for such inactivity and setting forth such 441
other information as the board may require on an individual basis 442
and completion of the number of clock hours of continuing 443
education as approved by the board; or 444
(b) Evidence to the satisfaction of the board shall be 445
submitted that they have actively practiced their profession in 446
good standing in another state and have not been guilty of conduct 447
that would warrant suspension or revocation as provided by 448
applicable law; and 449
(c) Payment of the fee for processing such inactive 450
license shall be paid biennially in accordance to board rules. 451
SECTION 10. Section 73-7-13.1, Mississippi Code of 1972, is 452
brought forward as follows: 453
73-7-13.1 (1) The board shall admit to examination for a 454
barbering license any person who is at least sixteen (16) years 455
old and who has made application to the board in proper form, has 456
paid the required fee, and who (a) has successfully completed no 457
less than fifteen hundred (1500) hours at a barbering school 458
approved by the board or three thousand (3,000) hours of 459
board-approved apprenticeship training, and (b) has a high school 460
education or its equivalent or has been successfully enrolled in a 461
community college. Apprenticeships shall only be monitored and 462
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mentored by those with an instructor license, and there shall be 463
only one (1) apprentice per mentor. 464
(2) The board may, in its discretion, issue to any student 465
who has completed the prescribed hours in a licensed school or 466
approved apprenticeship training and paid the required fee a 467
temporary permit to practice barbering until the next examination 468
is given but not exceeding six (6) months. In no event shall a 469
person be allowed to practice barbering on a temporary permit 470
beyond the date the next examination is given, except because of 471
personal illness. 472
(3) Applicants for the barbering license, after having 473
satisfactorily passed the prescribed examination, shall be issued 474
a barbering license which shall be valid for two (2) years, and 475
the license shall be subject to renewal. No license issued by the 476
board may be renewed until all monetary fines and penalties 477
assessed by the board to the licensee are paid in full. 478
(4) Any cosmetologist who has successfully completed no less 479
than fifteen hundred (1500) hours in a licensed cosmetology school 480
and who holds a current valid certificate of licensure to practice 481
cosmetology is eligible to take the barbering examination to 482
secure a barber license upon successfully completing six hundred 483
(600) hours in a licensed school of barbering. All fees for 484
application, examination, licensure, and renewal thereof shall be 485
the same as provided for barbers. 486
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(5) Each application or filing made under this section shall 487
include the social security number(s) of the applicant in 488
accordance with Section 93-11-64. 489
SECTION 11. Section 73-7-14, Mississippi Code of 1972, is 490
brought forward as follows: 491
73-7-14. (1) Any person who holds a current, valid 492
cosmetology, barbering, nail technology, or esthetics license may 493
be licensed as a master cosmetologist, barber, nail technician or 494
esthetician if he or she has been a licensed cosmetologist, 495
barber, nail technician or esthetician in this state for a period 496
of not less than twelve (12) months, and has completed a minimum 497
course of sixteen (16) hours of continuing education approved by 498
the board within the licensing period preceding initial 499
application for the license, and has paid the original license 500
fee. Master cosmetologist, barber, nail technician or esthetician 501
licenses shall be renewable upon completion of a minimum course of 502
eight (8) hours of continuing education approved by the board 503
within a licensing period and payment of the required renewal fee. 504
This is an optional license and pertains only to individuals 505
wishing to complete the continuing education requirement. 506
(2) Each application or filing made under this section shall 507
include the social security number(s) of the applicant in 508
accordance with Section 93-11-64. 509
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(3) No license issued by the board may be renewed until all 510
monetary fines and penalties assessed by the board to the licensee 511
are paid in full. 512
SECTION 12. Section 73-7-15, Mississippi Code of 1972, is 513
brought forward as follows: 514
73-7-15. (1) The board shall admit to examination for a 515
cosmetology instructor's license any person who has made 516
application to the board in proper form, has paid the required 517
fee, and who: 518
(a) Is a graduate of a licensed cosmetology school; 519
(b) Has a high school education or its equivalent; 520
(c) Has successfully completed one thousand (1,000) 521
hours of instructor training in a licensed school of cosmetology; 522
(d) Has successfully completed six (6) semester hours 523
in college courses approved by the board; and 524
(e) Holds a current, valid Mississippi cosmetology 525
license. 526
(2) The board shall admit to examination for a barbering 527
instructor's license any person who has made application to the 528
board in proper form, has paid the required fee, and who: 529
(a) Is a graduate of a licensed barbering school; 530
(b) Has a high school education or its equivalent; 531
(c) Has (i) not less than two (2) years of active 532
experience as a licensed barber and has successfully completed not 533
less than six hundred (600) hours of instructor training in a 534
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licensed school of barbering or (ii) less than two (2) years of 535
active experience as a licensed barber and has successfully 536
completed one thousand (1,000) hours of instructor training in a 537
licensed school of barbering; 538
(d) Has successfully completed six (6) semester hours 539
in college courses approved by the board; and 540
(e) Holds a current, valid Mississippi barbering 541
license. 542
(3) The board shall admit to examination for an esthetics 543
instructor's license any person who has made application to the 544
board in proper form, has paid the required fee, and who: 545
(a) Has a high school education or its equivalent; 546
(b) Has successfully completed one thousand (1,000) 547
hours of instructor training in a licensed school or 548
apprenticeship program in which the practice of esthetics is 549
taught; 550
(c) Has successfully completed six (6) semester hours 551
in college courses approved by the board; and 552
(d) Holds a current, valid Mississippi esthetician's 553
license. 554
(4) The board shall admit to examination for a nail 555
technician instructor's license any person who has made 556
application to the board in proper form, has paid the required 557
fee, and who: 558
(a) Has a high school education or its equivalent; 559
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(b) Has successfully completed one thousand (1,000) 560
hours of instructor training in a licensed school or 561
apprenticeship program in which the practice of nail technology is 562
taught; 563
(c) Has successfully completed six (6) semester hours 564
in college courses approved by the board; and 565
(d) Holds a current, valid Mississippi nail 566
technician's license. 567
(5) Applicants shall satisfactorily pass the examination 568
prescribed by the board for licensing instructors prior to the 569
issuance of the licenses provided for in this section. However, 570
the board may, in its discretion, issue a temporary instructor's 571
permit until such time as the next examination may be held, the 572
period of which shall not exceed ninety (90) days. Such applicant 573
shall be issued only one (1) temporary permit. All applications 574
for an instructor's examination shall be accompanied by two (2) 575
recent passport-style photographs of the applicant. 576
(6) Renewal Requirements: 577
(a) All cosmetology, barbering, nail technology, and/or 578
esthetics instructors licensed pursuant to this section shall 579
biennially obtain twenty-four (24) clock hours of continuing 580
education in teacher training instruction in cosmetology, 581
barbering, esthetics or nail technology, as the case may be, as 582
approved by the board. Any instructor who fails to obtain the 583
continuing education required by this subsection shall neither be 584
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allowed to instruct nor to enroll students under his or her 585
license until such continuing education requirement has been met. 586
The board may issue an inactive instructor license to such 587
instructors, and an inactive license may be converted into an 588
active license only after proof satisfactory to the board of 589
completion of at least twenty-four (24) clock hours of approved 590
continuing education required for teacher training instruction is 591
submitted. 592
(b) All persons who have received a license as a 593
barbering instructor from the board before July 1, 2002, shall be 594
considered to have met the requirements of this section, and all 595
those certificates of registration shall be renewable as otherwise 596
provided in this chapter. 597
(c) No license issued by the board may be renewed until 598
all monetary fines and penalties assessed by the board to the 599
licensee are paid in full. 600
(7) Each application or filing made under this section shall 601
include the social security number(s) of the applicant in 602
accordance with Section 93-11-64. 603
SECTION 13. Section 73-7-16, Mississippi Code of 1972, is 604
brought forward as follows: 605
73-7-16. (1) All schools of any profession regulated by the 606
board or school owners shall have a school license and shall pay 607
to the board the required license fee. The board is authorized 608
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and empowered to promulgate necessary and reasonable rules and 609
regulations for the issuance and renewal of school licenses. 610
(2) Each application made under this section shall include 611
the social security number(s) of the applicant, owners or agents 612
in accordance with Section 93-11-64. 613
(3) Any school making application for a license under this 614
chapter shall not be transferable for any cause and shall include 615
a surety bond in the penal sum of Fifty Thousand Dollars 616
($50,000.00) in favor of the board on a bond form completed by the 617
insurance company or agency. The applicant may file in lieu of 618
the bond, cash, or a certificate of deposit or government bonds in 619
the amount of Fifty Thousand Dollars ($50,000.00). 620
(4) The school applicant shall maintain a professional 621
liability insurance policy covering any aspect of the facility, 622
personnel and/or students. 623
(5) The school shall meet all applicable health and safety 624
standards that may be required by local, state and federal 625
agencies. 626
(6) Private business and vocational schools that have 627
obtained national accreditation from an accrediting agency 628
designated by the United States Department of Education must 629
submit evidence of current accreditation. 630
(7) The course content and length of instruction shall be of 631
such nature and quality as to assure that the students will 632
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adequately develop the job skills and knowledge necessary for 633
passing any and all examinations required for licensure. 634
(8) Schools shall provide favorable conditions for effective 635
classroom instruction. A total pattern of successful instruction 636
includes (a) well-defined instructional objectives, (b) systematic 637
planning, (c) selection and use of varied types of learning 638
materials and experiences, (d) adaptation of organization and 639
instructional procedures to student needs, (e) use of varied 640
evaluation instruments and procedures, and (f) good student and 641
teacher morale. 642
(9) Each board-approved school of cosmetology, barbering, 643
esthetics or nail technology must provide proof to the board of an 644
annual pass rate that meets or exceeds the current minimum 645
standard as established by the board. 646
(10) The board shall evaluate school curriculum for 647
conformance with educational requirements set forth in this 648
chapter. 649
(11) There shall be no automatic renewal of school licenses, 650
and each licensee shall be audited for conformity before the 651
issuance of a new license. Before the issuance of any such 652
license, the board shall inspect the premises to determine if same 653
conforms to the law. 654
(12) If a school closes a facility, the licensee must notify 655
the board within sixty (60) days before closing and provide proof 656
of the reason for the closure; proof of method developed to assist 657
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students with the completion of their program of study and 658
individual courses; proof of notice sent to all currently enrolled 659
students, notifying them of the closure; proof of notice given to 660
students indicating where they may obtain any of their records; 661
proof of disposition of student records, with a contact person, 662
complete address, and telephone number and how students' 663
information may be obtained; proof of notice sent to all students 664
who have paid for any tuition and/or fees for future enrollment in 665
a program of study or individual course informing them of the 666
closure, and refund information; proof of certified transcripts 667
for each currently enrolled student who has paid for and completed 668
coursework in lieu of receiving a full or partial refund. If a 669
school files a bankruptcy petition, a certified copy must be filed 670
with the board. 671
(13) School licenses may be issued, as follows: 672
(a) Temporary licenses may be issued only for a 673
one-year period. These licenses are issued to new schools with 674
less than two (2) graduating classes. Annual reports are required 675
and are due by July 16 of each year unless otherwise specified. 676
Prospective students before enrolling and enrolled students must 677
be notified in writing of the school's temporary status; 678
(b) Probationary licenses indicate warning status and 679
may be issued only for a one-year period. These licenses are 680
issued to new schools with less than two (2) graduating classes 681
and with any significant violation(s) in the most recent year. 682
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Annual reports are required and are due by July 16 of each year 683
unless otherwise specified. Prospective students and enrolled 684
students shall be notified in writing of the school's probationary 685
status; 686
(c) Conditional licenses may be issued to schools for 687
only a one-year period. Conditional license status for schools 688
that previously held a nonconditional license shall not exceed two 689
(2) years. Annual reports are required and are due by July 16 of 690
each year unless otherwise specified. Prospective students and 691
enrolled students shall be notified in writing of the school's 692
conditional status. These licenses shall be issued to schools 693
with two (2) or more graduating classes and with any of the 694
following: 695
(i) Any significant violation(s) in the most 696
recent year; and 697
(ii) Either the school's annual pass rate or the 698
school's comprehensive pass rate does not meet or exceed the 699
board's current minimum standard; 700
(d) Nonconditional licenses may be issued for only a 701
two-year period. Annual reports shall be required and are due 702
July 16 of each year unless otherwise specified. These licenses 703
shall be issued to schools with two (2) or more graduating classes 704
and with all of the following: 705
(i) No significant violation(s) in the most recent 706
year; and 707
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(ii) Either the school's annual pass rate or the 708
school's comprehensive pass rate meets or exceeds the board's 709
current minimum standard. 710
(14) The combined temporary, probationary and/or conditional 711
license status for schools shall not exceed a five-year 712
consecutive period before moving to a nonconditional license 713
status. 714
(15) No license issued by the board may be renewed until all 715
monetary fines and penalties assessed by the board to the licensee 716
are paid in full. 717
(16) School owners, instructors, and/or employees or 718
contractors of the school shall adhere to the board's statutes and 719
rules and regulations and shall regard students with the same care 720
and consideration as clients. 721
SECTION 14. Section 73-7-17, Mississippi Code of 1972, is 722
brought forward as follows: 723
73-7-17. (1) All salon/barber shop owners shall have a 724
salon/barber shop license and shall pay to the board the required 725
license fee therefor and pay the required renewal fee for renewal 726
thereof. A grace period of sixty (60) days will be given in which 727
to renew the license, and upon the expiration of the grace period 728
of sixty (60) days any applicant for the renewal of a salon/barber 729
shop license will be required to pay a delinquent fee in addition 730
to the renewal fee. A salon/barber shop license that has been 731
expired for over one (1) year is nonrenewable and requires a new 732
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application. Prior to the initial issuance of such license, the 733
board shall inspect the premises to determine if same qualifies 734
with the law, upon payment by the applicant of the required 735
inspection fee. 736
(2) Each application or filing made under this section shall 737
include the social security number(s) of the applicant in 738
accordance with Section 93-11-64. 739
(3) No license issued by the board may be renewed until all 740
monetary fines and penalties assessed by the board to the licensee 741
are paid in full. 742
SECTION 15. Section 73-7-18, Mississippi Code of 1972, is 743
brought forward as follows: 744
73-7-18. (1) The board shall admit to examination for an 745
esthetician's license any person who is at least sixteen (16) 746
years old and who has made application to the board in proper 747
form, who has paid the required fee, and who: 748
(a) Has a high school education or its equivalent or 749
has been successfully enrolled in a community college; and 750
(b) Has successfully completed a course of training in 751
esthetics of not less than six hundred (600) hours, comprised of 752
not less than one hundred (100) hours of theory and five hundred 753
(500) hours of skill practice, in a licensed school in which the 754
practice of esthetics is taught or of no less than twelve hundred 755
(1200) hours in an apprenticeship program certified by the board. 756
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Apprenticeships provided for in this section shall be 757
monitored or mentored by a person with an instructor license in 758
cosmetology or esthetics. Only one (1) apprentice may be mentored 759
by any person at the same time. 760
(2) The board may, in its discretion, issue to any student 761
who has completed the prescribed hours in a licensed school or 762
approved apprenticeship program and paid the required fee a 763
temporary permit until such time as the next examination may be 764
held but not exceeding six (6) months. Such student shall be 765
issued only one (1) temporary permit. Application for an 766
examination and license shall be accompanied by two (2) recent 767
passport-style photographs of the applicant. No temporary permit 768
will be issued to an applicant from any other state to operate a 769
beauty salon, barber shop or school of any profession regulated by 770
the board in this state unless in case of emergency. 771
(3) Licensed estheticians desiring to pursue additional 772
hours to be eligible for a license as a cosmetologist may be 773
credited with any hours acquired in studying and training to be an 774
esthetician, which may be applied to the number of hours required 775
for a cosmetology license examination. 776
(4) Every person who has completed not less than three 777
hundred fifty (350) hours of training in esthetics approved by the 778
board in this or any other state prior to July 1, 1987, shall be 779
granted an esthetician's license by the board if such person 780
presents satisfactory evidence to the board that he or she has 781
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fulfilled all the requirements to be admitted to examination 782
except the training hours requirement. 783
(5) Each application or filing made under this section shall 784
include the social security number(s) of the applicant in 785
accordance with Section 93-11-64. 786
SECTION 16. Section 73-7-19, Mississippi Code of 1972, is 787
brought forward as follows: 788
73-7-19. (1) Except as provided in Section 33-1-39, all 789
licenses shall be renewed biennially under the fee schedule in 790
Section 73-7-29. Applications for renewal of licenses for 791
cosmetologists, barbers, estheticians, nail technicians and 792
instructors must be accompanied by the required renewal fee. A 793
grace period of sixty (60) days will be given in which to renew 794
the license. Upon the expiration of the grace period of sixty 795
(60) days, any applicant for the renewal of a license will be 796
required to pay the required renewal fee and a delinquent fee in 797
addition to the renewal fee. The fees may be paid according to 798
the manner prescribed by the board in rules and regulations. 799
Checks returned to the board because of insufficient funds shall 800
result in nonrenewal of the license, which will require the 801
penalty fee for insufficient fund checks plus all other amounts 802
due for renewal of the license before the license may be renewed. 803
After one (1) year has passed from the expiration date of the 804
license, a delinquent fee must be paid for each year up to three 805
(3) years, after which the required examination must be taken 806
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before a license can be renewed. All applications for examination 807
required by this chapter shall expire ninety (90) days from the 808
date thereof. 809
(2) Each application or filing made under this section shall 810
include the social security number(s) of the applicant in 811
accordance with Section 93-11-64. 812
(3) No license issued by the board may be renewed until all 813
monetary fines and penalties assessed by the board to the licensee 814
are paid in full. 815
SECTION 17. Section 73-7-21, Mississippi Code of 1972, is 816
brought forward as follows: 817
73-7-21. (1) The board shall admit to examination for a 818
nail technician's license any person who is at least sixteen (16) 819
years old and who has made application to the board in proper 820
form, who has paid the required fee, and who: 821
(a) Has a high school education or its equivalent or 822
has been successfully enrolled in a community college; and 823
(b) Has successfully completed no less than three 824
hundred fifty (350) hours of practice and related theory in nail 825
technology over a period of no less than nine (9) weeks in a 826
licensed school in which the practice of nail technology is taught 827
in this or any other state or no less than seven hundred (700) 828
hours in an apprenticeship program certified by the board. 829
Apprenticeships provided for in this section shall be monitored or 830
mentored by a person with an instructor license in cosmetology or 831
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nail technology. Only one (1) apprentice may be mentored by any 832
person at the same time. 833
(2) The board may, in its discretion, issue to any student 834
who has completed the prescribed hours in a licensed school or 835
approved apprenticeship program and paid the required fee for a 836
temporary permit until such time as the next examination may be 837
held but not exceeding six (6) months. Such student shall be 838
issued only one (1) temporary permit. Application for an 839
examination and license shall be accompanied by two (2) recent 840
passport-style photographs of the applicant. No temporary permit 841
will be issued to an applicant from any other state to operate a 842
beauty salon, barber shop or school of any profession regulated by 843
the board in this state unless in case of emergency. 844
(3) Licensed nail technicians desiring to pursue additional 845
hours to be eligible for a license as a cosmetologist may be 846
credited with any hours acquired in studying and training to be a 847
nail technician which may be applied to the number of hours 848
required for a cosmetology license examination. 849
(4) The board shall adopt regulations governing the use of 850
electric nail files for the purpose of filing false or natural 851
nails. 852
(5) Each application or filing made under this section shall 853
include the social security number(s) of the applicant in 854
accordance with Section 93-11-64. 855
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(6) No license issued by the board may be renewed until all 856
monetary fines and penalties assessed by the board to the licensee 857
are paid in full. 858
SECTION 18. Section 73-7-23, Mississippi Code of 1972, is 859
brought forward as follows: 860
73-7-23. (1) The board may, upon application, issue a 861
license by reciprocity to any cosmetologist, barber, nail 862
technician, or esthetician who demonstrates proof that the 863
applicant holds a valid current license in another state with 864
similar educational requirements to those required by this 865
chapter, and that all other licensure requirements, including the 866
passage of an examination, under this chapter are met. Applicants 867
must also (a) successfully pass an examination and (b) pay the 868
required reciprocity fee, which shall be paid to the board. Such 869
application must be accompanied by two (2) recent passport-style 870
photographs of the applicant. 871
(2) An instructor from any other state may be qualified for 872
a Mississippi instructor's license upon presenting a valid 873
instructor's license from the other state and (a) has completed 874
training equivalent to the State of Mississippi's education and 875
training as provided in Section 73-7-15 or has three (3) years or 876
more of experience as a licensed instructor prior to application, 877
(b) has completed six (6) semester hours in college courses 878
approved by the board, and (c) has completed a minimum of five (5) 879
continuing education hours in Mississippi State Board of 880
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Cosmetology and Barbering laws, rules and regulations. Such 881
application must be accompanied by two (2) recent passport 882
photographs of the applicant. Applicants shall pay the required 883
license fee. 884
(3) An applicant for a Mississippi instructor's license by 885
reciprocity who has not completed the college courses requirement 886
at the time of application may apply for a onetime temporary 887
teaching permit, which shall be valid for six (6) months and shall 888
be nonrenewable. Such application must be accompanied by proof of 889
enrollment in college course(s), required permit fee, two (2) 890
recent passport photographs of the applicant and other 891
documentation as required for application for a Mississippi 892
instructor's license by reciprocity. Upon proof of completion of 893
college courses and payment of the required license fee, a 894
Mississippi instructor's license shall be issued. 895
(4) The issuance of a license by reciprocity to a 896
military-trained applicant, military spouse or person who 897
establishes residence in this state shall be subject to the 898
provisions of Section 73-50-1 or 73-50-2, as applicable. 899
SECTION 19. Section 73-7-25, Mississippi Code of 1972, is 900
brought forward as follows: 901
73-7-25. Every demonstrator in the field of cosmetology, 902
barbering, esthetics or nail technology shall, before making 903
demonstrations in a salon, barber shop or school, apply for and 904
obtain a permit from the board. For such permit, which shall be 905
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for one (1) year, the required fee shall be paid to the board. 906
This section shall be construed to apply to demonstrators in a 907
salon, barber shop and schools. 908
SECTION 20. Section 73-7-27, Mississippi Code of 1972, is 909
brought forward as follows: 910
73-7-27. (1) Any complaint may be filed with the board by a 911
member or agent of the board or by any person charging any 912
licensee of the board with the commission of any of the offenses 913
enumerated in subsection (2) of this section. Such complaint 914
shall be in writing, signed by the accuser or accusers, and 915
verified under oath, and such complaints shall be investigated as 916
set forth in Section 73-7-7. After the investigation, the board 917
may dismiss the complaint if the board, through its administrative 918
review agents, determines that there is not substantial 919
justification to believe that the accused licensee has committed 920
any of the offenses enumerated or, the board may prepare a formal 921
complaint proceeding against the licensee as hereinafter provided. 922
When used with reference to any complaint filed against a licensee 923
herein, the term "not substantial justification" means a complaint 924
that is frivolous, groundless in fact or law, or vexatious, as 925
determined by unanimous vote of the board. In the event of a 926
dismissal, the person filing the accusation and the accused 927
licensee shall be given written notice of the board's 928
determination. If the board determines there is reasonable cause 929
to believe the accused has committed any of those offenses, the 930
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secretary of the board or the executive director shall give 931
written notice of such determination to the accused licensee and 932
set a day for a hearing as provided in subsection (3) of this 933
section. 934
(2) The board shall have the power to revoke, suspend or 935
refuse to issue or renew any license or certificate provided for 936
in this chapter, and to fine, place on probation and/or otherwise 937
discipline an applicant, student, licensee or holder of a 938
certificate, upon proof that such person: (a) has not complied 939
with or has violated any of the rules and regulations promulgated 940
by the board; (b) has not complied with an order, decision, or 941
ruling of the board; (c) has committed fraud or dishonest conduct 942
in the taking of the examination herein provided for; (d) has been 943
convicted of a felony; (e) has committed grossly unprofessional or 944
dishonest conduct; (f) is addicted to the excessive use of 945
intoxicating liquors or to the use of drugs to such an extent as 946
to render him or her unfit to practice in any of the practices or 947
occupations set forth in this chapter; (g) has advertised by means 948
of knowingly false or deceptive statements; (h) has failed to 949
display the license or certificate issued to him or her as 950
provided for in this chapter; or (i) has been convicted of 951
violating any of the provisions of this chapter. A conviction of 952
violating any of the provisions of this chapter shall be grounds 953
for automatic suspension of the license or certificate of such 954
person. 955
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(3) (a) The board shall not revoke, suspend or refuse to 956
issue or renew any license or certificate, or fine, place on 957
probation or otherwise discipline any applicant, licensee or 958
holder of a certificate in a disciplinary matter except after a 959
hearing of which the applicant or licensee or holder of the 960
certificate affected shall be given at least twenty (20) days' 961
notice in writing, specifying the reason or reasons for denying 962
the applicant a license or certificate of registration, or in the 963
case of any other disciplinary action, the offense or offenses of 964
which the licensee or holder of a certificate of registration is 965
charged. Such notice may be served by mailing a copy thereof by 966
United States first-class certified mail, postage prepaid, to the 967
last-known residence or business address of such applicant, 968
licensee or holder of a certificate. The hearing on such charges 969
shall be at such time and place as the board may prescribe. The 970
provisions of this paragraph (a) shall not apply to the board's 971
collection of a civil penalty or fine imposed by the board under 972
paragraph (b) of this subsection. 973
(b) Any civil penalty or fine imposed by the board 974
under this chapter resulting from an inspection or audit shall 975
become due and payable when the applicant, licensee or holder of a 976
certificate incurring the penalty receives a notice in writing 977
from the board of the penalty. The notice shall be sent by 978
registered or certified mail or by personal service. The person 979
to whom the notice is addressed shall have thirty (30) days from 980
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the date of the notice in which to make written application for a 981
hearing. Any person who makes the application for a hearing shall 982
be entitled to a hearing. The hearing shall be conducted as a 983
contested case hearing. When an order assessing a civil penalty 984
under this section becomes final by operation of law or on appeal, 985
unless the amount of penalty is paid within thirty (30) days after 986
the order becomes final, it may be recorded with the circuit clerk 987
in any county of this state. The clerk shall then record the name 988
of the person incurring the penalty and the amount of the penalty 989
in his lien record book. 990
(c) The board may temporarily suspend a license under 991
this chapter without any hearing, simultaneously with the 992
institution of proceedings under this section, if it finds that 993
the evidence in support of the board's determination is clear, 994
competent and unequivocal that the licensee's continuation in 995
practice would constitute an imminent danger to public health and 996
safety. 997
(4) At such hearings, all witnesses shall be sworn by a 998
court reporter, and stenographic notes of the proceedings shall be 999
taken. Any party to the proceedings, at the request of such 1000
party, shall be furnished with a copy of such stenographic notes 1001
upon payment to the board of such fees as it shall prescribe, not 1002
exceeding, however, the actual costs of transcription. 1003
(5) The board is authorized and empowered to issue 1004
subpoenas for the attendance of witnesses and the production of 1005
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books and papers. The process issued by the board shall extend to 1006
all parts of the state and such process shall be served by any 1007
person designated by the board for such service. The person 1008
serving such process shall receive such compensation as may be 1009
allowed by the board, not to exceed the fee prescribed by law for 1010
similar services. All witnesses who shall be subpoenaed, and who 1011
shall appear in any proceedings before the board, shall receive 1012
the same fees and mileage as allowed by law. 1013
(6) Where in any proceeding before the board any witness 1014
shall fail or refuse to attend upon subpoena issued by the board, 1015
shall refuse to testify, or shall refuse to produce any books and 1016
papers, the production of which is called for by the subpoena, the 1017
attendance of such witness and the giving of his testimony and the 1018
production of the books and papers shall be enforced by any court 1019
of competent jurisdiction of this state, in the same manner as are 1020
enforced for the attendance and testimony of witnesses in civil 1021
cases in the courts of this state. 1022
(7) The board shall conduct the hearing in an orderly and 1023
continuous manner, granting continuances only when the ends of 1024
justice may be served. The board shall, within sixty (60) days 1025
after conclusion of the hearing, reduce its decision to writing 1026
and forward an attested true copy thereof to the last-known 1027
residence or business address of such applicant, licensee or 1028
holder of a certificate, by way of United States first-class 1029
certified mail, postage prepaid. 1030
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(8) Any and all parties to the hearing shall have the right 1031
of appeal from an adverse ruling, or order, or decision of the 1032
board to the Chancery Court of the First Judicial District of 1033
Hinds County, Mississippi, upon forwarding notice of appeal to the 1034
board within thirty (30) days after the decision of the board is 1035
mailed in the manner here contemplated. The appellant shall, 1036
together with the notice of appeal, first pay the costs for the 1037
transcription of the record of the hearing(s) and proceeding(s) 1038
before the board in which the adverse ruling, order or decision of 1039
the board was made. Any fine imposed by the board under the 1040
provisions of this chapter shall not take effect until after the 1041
time for appeal has expired, and an appeal of the imposition of 1042
such a fine shall act as a supersedeas bond. The appeal shall 1043
thereupon be heard in due course by the court, which shall review 1044
the record and make its determination thereon. 1045
(9) The board, in its discretion, may assess and charge any 1046
part or all of the costs of any disciplinary proceedings conducted 1047
under this section against the accused if the accused is found 1048
guilty of the charges. 1049
(10) Any fine imposed by the board upon a licensee or holder 1050
of a certificate shall be in accordance with the following class 1051
designation of fines: 1052
(a) Class A - No violations or the violations are minor 1053
health and safety violations that are detrimental to public safety 1054
and welfare. Violations under this class shall be set at no less 1055
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than Fifty Dollars ($50.00) but no more than Two Hundred Dollars 1056
($200.00); 1057
(b) Class B - Class B violations are major health and 1058
safety concerns that are detrimental to public safety and welfare 1059
and shall be set at no less than Two Hundred Fifty Dollars 1060
($250.00) but no more than Seven Hundred Fifty Dollars ($750.00); 1061
(c) Class C - Class C violations shall be set at no 1062
less than Eight Hundred Dollars ($800.00) but no more than One 1063
Thousand Dollars ($1,000.00) and are violations specific to the 1064
following: 1065
(i) Unlicensed practice or the use of fraudulent 1066
statements to obtain any benefits or privileges under this chapter 1067
or practicing one (1) of the professions regulated by the board 1068
without a license. These violations will be handled in accordance 1069
with the requirements of Section 73-7-27 or Section 73-7-37 when 1070
applicable; and 1071
(ii) Extremely dangerous to the health and safety 1072
of the public. 1073
The power and authority of the board to impose such fines 1074
under this section shall not be affected or diminished by any 1075
other proceeding, civil or criminal, concerning the same violation 1076
or violations. 1077
(11) In addition to the reasons specified in subsection (2) 1078
of this section, the board shall be authorized to suspend the 1079
license of any licensee for being out of compliance with an order 1080
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for support, as defined in Section 93-11-153. The procedure for 1081
suspension of a license for being out of compliance with an order 1082
for support, and the procedure for the reissuance or reinstatement 1083
of a license suspended for that purpose, and the payment of any 1084
fees for the reissuance or reinstatement of a license suspended 1085
for that purpose, shall be governed by Section 93-11-157 or 1086
93-11-163, as the case may be. Actions taken by the board in 1087
suspending a license when required by Section 93-11-157 or 1088
93-11-163 are not actions from which an appeal may be taken under 1089
this section. Any appeal of a license suspension that is required 1090
by Section 93-11-157 or 93-11-163 shall be taken in accordance 1091
with the appeal procedure specified in Section 93-11-157 or 1092
93-11-163, as the case may be, rather than the procedure specified 1093
in this section. If there is any conflict between any provision 1094
of Section 93-11-157 or 93-11-163 and any provision of this 1095
chapter, the provisions of Section 93-11-157 or 93-11-163, as the 1096
case may be, shall control. 1097
SECTION 21. Section 73-7-29, Mississippi Code of 1972, is 1098
brought forward as follows: 1099
73-7-29. The board shall assess fees in the following 1100
amounts and for the following purposes: 1101
(a) Initial license/renewal for cosmetologist, barber, 1102
nail technician or esthetician.............................$ 50.00 1103
(b) Instructor initial license/renewal.......... 80.00 1104
(c) Master license/renewal...................... 70.00 1105
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(d) Delinquent renewal penalty - cosmetologist, barber, 1106
nail technician, esthetician and instructor................ 50.00 1107
There shall be no renewal fee for any licensee seventy (70) 1108
years of age or older. 1109
(e) Salon/barber shop application and initial 1110
inspection................................................. 85.00 1111
(f) Salon/barber shop reinspection.............. 35.00 1112
(g) Application under reciprocity or UROLA...... 55.00 1113
(h) Salon/barber shop renewal................... 60.00 1114
(i) Salon/barber shop delinquent renewal 1115
penalty.................................................... 50.00 1116
(j) Application and initial inspection for a new 1117
school..................................................... 300.00 1118
(k) New school reinspection..................... 100.00 1119
(l) School change of ownership.................. 300.00 1120
(m) School relocation........................... 150.00 1121
(n) School renewal.............................. 75.00 1122
(o) School delinquent renewal penalty.......... 100.00 1123
(p) Duplicate license........................... 10.00 1124
(q) Penalty for insufficient fund checks........ 20.00 1125
(r) Affidavit processing........................ 15.00 1126
(s) Demonstrator permit......................... 10.00 1127
An applicant who applies under the Military Family Freedom 1128
Act shall not be charged a fee. The board may charge additional 1129
fees for services which the board deems appropriate to carry out 1130
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its intent and purpose. These additional fees shall not exceed 1131
the cost of rendering the service. 1132
The board is fully authorized to make refunds of any deposits 1133
received by the board for services which are not rendered. 1134
Refunds will automatically be made on overpayment of fees. All 1135
other refunds will be made upon the written requests from 1136
applicants. If no request for refund is made within sixty (60) 1137
days, the fees will be forfeited. 1138
SECTION 22. Section 73-7-31, Mississippi Code of 1972, is 1139
brought forward as follows: 1140
73-7-31. Nothing in this chapter shall apply to: 1141
(a) Cosmetology, barbering, nail technology or facial 1142
treatments given in the home to members of family or friends for 1143
which no charge is made. Cosmetology, barbering, nail technology 1144
or facial treatments given at an event venue to members of family 1145
or friends for which no charge is made may be permitted upon the 1146
express, written approval of the board. 1147
(b) Persons whose practice is limited to only 1148
performing makeup artistry, threading or applying or removing 1149
eyelash extensions; however, a person may perform a combination of 1150
not more than these three (3) such practices and still be exempt 1151
from this chapter. 1152
(c) Persons engaged in the practice of hair braiding as 1153
defined in Section 73-7-71 who have completed the self-test part 1154
of the brochure on infection control techniques prepared by the 1155
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State Department of Health and who keep the brochure and completed 1156
self-test available at the location at which the person is engaged 1157
in hair braiding. 1158
SECTION 23. Section 73-7-33, Mississippi Code of 1972, is 1159
brought forward as follows: 1160
73-7-33. In addition to the rules and regulations that may 1161
be prescribed and promulgated by the board under authority of this 1162
chapter, the following rules and regulations shall be observed: 1163
(a) Every establishment must be kept sanitary, 1164
including all utensils and equipment, must be well ventilated and 1165
properly lighted. Each salon/barber shop must be provided with 1166
hot and cold running water. Electrical appliances must be 1167
properly installed and grounded. 1168
(b) Cosmetologists, barbers, estheticians and nail 1169
technicians shall be allowed to wear any type of clothing or 1170
apparel while at work as long as such clothing or apparel is clean 1171
and sanitary. 1172
(c) Cosmetologists shall be allowed to use any type of 1173
hair roller as long as they do so in a sanitary manner. 1174
(d) Persons with a communicable disease or parasitic 1175
infection that is medically recognized to be a direct threat of 1176
transmission by the type of contact that practitioners have with 1177
clients are not to be permitted to practice in an establishment 1178
until their condition is no longer communicable under those 1179
circumstances. No work shall be performed on any patron having a 1180
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visible disease unless the patron shall produce a certificate from 1181
a practicing physician stating that the patron is free from 1182
infectious, contagious or communicable disease. A license 1183
regulated by the board does not authorize such licensee to treat 1184
or prescribe for an infectious, contagious or any other disease. 1185
(e) A home salon/barber shop must have a solid wall to 1186
the ceiling with an outside entrance, or if a door exists between 1187
the salon/barber shop and the remainder of the house, the door 1188
must be kept closed at all times while service is being rendered. 1189
SECTION 24. Section 73-7-35, Mississippi Code of 1972, is 1190
brought forward as follows: 1191
73-7-35. (1) No person licensed pursuant to this chapter 1192
shall practice his or her profession except within the physical 1193
confines of a salon/barber shop possessing and displaying a 1194
properly executed license issued pursuant to Section 73-7-17. 1195
However, this requirement shall not prevent a person from 1196
rendering his or her services to any person who may be confined to 1197
his or her home, a hospital, or other place as a result of 1198
illness, and cosmetologists and barbers shall be permitted to 1199
render their services to deceased persons away from their 1200
salon/barber shop. 1201
(2) No salon/barber shop owner licensed pursuant to this 1202
chapter shall allow a cosmetologist, barber, esthetician, or nail 1203
technician to practice his/her profession in the salon/barber shop 1204
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without possessing a valid license issued pursuant to this 1205
chapter. 1206
(3) Nothing in this section shall prevent a person licensed 1207
pursuant to this chapter from rendering his or her services at the 1208
physical practice location of a physician, physician's assistant, 1209
or advanced practice registered nurse, or require such a practice 1210
location to be licensed pursuant to this chapter. 1211
SECTION 25. Section 73-7-37, Mississippi Code of 1972, is 1212
brought forward as follows: 1213
73-7-37. (1) The violation of any of the provisions of this 1214
chapter, including the use of fraudulent statements to obtain any 1215
benefits or privileges under this chapter or practicing one (1) of 1216
these professions without a license, shall constitute a 1217
misdemeanor, punishable in any court of competent jurisdiction at 1218
the seat of government, and any person or firm convicted of the 1219
violation of any of the provisions of this chapter shall be fined 1220
not less than Five Hundred Dollars ($500.00) but not more than One 1221
Thousand Dollars ($1,000.00). The court shall not be authorized 1222
to suspend or suspend the execution of the fine required under 1223
this section. 1224
(2) If any person, salon, school or other type of business 1225
entity engaged in the practice or teaching of the professions 1226
regulated by the board violates any of the provisions of this 1227
chapter, the secretary of the board, upon direction of a majority 1228
of the board and in the name of the board, acting through the 1229
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Attorney General or an attorney employed by the board, shall apply 1230
in the chancery court of the county in Mississippi in which the 1231
person or licensee resides or in the county which the person or 1232
licensee practices, or the county in which the salon, school, or 1233
other type of business entity is located, for an order enjoining 1234
such violation or for an order enforcing compliance with the 1235
provisions of this chapter. Upon the filing of a verified 1236
petition in the chancery court and after notice as provided under 1237
the Mississippi Rules of Civil Procedure, such court, if satisfied 1238
by the sworn petition, by affidavit or otherwise, that such person 1239
or entity has violated any of the provisions of this chapter, may 1240
issue an injunction without notice or bond, enjoining such 1241
continued violation and such injunction shall remain in force and 1242
effect until a final hearing. If at such hearing it is 1243
established that such person or entity has violated or is 1244
violating any of the provisions of this chapter, the court may 1245
enter a decree permanently enjoining such violation or enforcing 1246
compliance with this chapter. In addition, the court may enter a 1247
judgment against such person or entity for attorney's fees, court 1248
costs and the actual costs incurred by the board in investigating 1249
the actions of such person for which the board brought the suit 1250
for an injunction. In case of violation of any decree issued in 1251
compliance with this subsection, the court may punish the offender 1252
for contempt of court and the court shall proceed as in other 1253
cases. 1254
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ST: Board of Cosmetology and Barbering; bring
forward code sections related to.
(3) The proceedings n this section shall be in addition to 1255
and not in lieu of the other remedies and penalties provided in 1256
this chapter. 1257
SECTION 26. This act shall take effect and be in force from 1258
and after July 1, 2026. 1259