State Board of Cosmetology and Barbering; revise various provisions related to.

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To: Public Health and
Welfare
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Johnson

SENATE BILL NO. 2566
(As Sent to Governor)

AN ACT TO AMEND SECTION 73-7-1, MISSISSIPPI CODE OF 1972, TO 1
REQUIRE THAT NOTICE OF ALL STATE BOARD OF COSMETOLOGY AND 2
BARBERING (BOARD) MEETINGS BE GIVEN AS PROVIDED IN SECTION 25-41-1 3
ET SEQ.; TO AMEND SECTION 73-7-2, MISSISSIPPI CODE OF 1972, TO 4
REVISE VARIOUS DEFINITIONS; TO AMEND SECTION 73-7-3, MISSISSIPPI 5
CODE OF 1972, TO PROVIDE THAT THE BOARD SHALL USE THE STANDARDS 6
ESTABLISHED BY THE STATE PERSONNEL BOARD IN DETERMINING WHETHER OR 7
NOT THE BOARD'S EXECUTIVE DIRECTOR MAY RECEIVE COMPENSATORY LEAVE 8
AND IN DETERMINING WHETHER OR NOT EMPLOYEES OF THE BOARD MAY BE 9
GRANTED ADMINISTRATIVE LEAVE WITH PAY; TO AMEND SECTION 73-7-11, 10
MISSISSIPPI CODE OF 1972, TO DELETE THE REQUIREMENT THAT LICENSE 11
OWNERS MUST DISPLAY THE LICENSE IN A CONSPICUOUS PLACE IN HIS OR 12
HER PRINCIPAL OFFICE, PLACE OF BUSINESS OR EMPLOYMENT AT ALL 13
TIMES; TO AMEND SECTION 73-7-12, MISSISSIPPI CODE OF 1972, TO 14
CLARIFY THE BOARD'S AUTHORITY REGARDING EXAMINATIONS; TO AMEND 15
SECTIONS 73-7-13, 73-7-13.1, 73-7-18 AND 73-7-21, MISSISSIPPI CODE 16
OF 1972, TO REVISE EDUCATIONAL REQUIREMENTS AND PROVISIONS 17
GOVERNING APPRENTICESHIPS; TO REQUIRE THAT EXAMINATIONS AND ALL 18
TESTING REQUIREMENTS BE CLEAR, OBJECTIVE AND UNIFORMLY APPLIED; TO 19
AMEND SECTION 73-7-15, MISSISSIPPI CODE OF 1972, TO REVISE THE 20
REQUIREMENTS FOR ADMISSION TO EXAMINATION FOR AN INSTRUCTOR'S 21
LICENSE; TO INCREASE THE LENGTH OF A TEMPORARY INSTRUCTOR'S PERMIT 22
FROM 90 DAYS TO SIX MONTHS; TO AMEND SECTION 73-7-16, MISSISSIPPI 23
CODE OF 1972, TO PROVIDE THAT THE REQUIRED BOND, CASH, OR A 24
CERTIFICATE OF DEPOSIT SHALL BE FOR THE PROVISION OF 25
INDEMNIFICATION OF ANY PERSON SUFFERING LOSS AS THE RESULT OF ANY 26
FALSE CERTIFICATION, SCHOOL CLOSURE, ANY FRAUD OR 27
MISREPRESENTATION USED ON BEHALF OF THE PRINCIPAL IN PROCURING 28
SUCH PERSON'S ENROLLMENT IN A COURSE OF INSTRUCTION, INCLUDING 29
REPAYMENT OF TUITION PAID IN ADVANCE BY ANY STUDENT; TO EXEMPT ANY 30
ENTITY PROTECTED BY IMMUNITY UNDER THE MISSISSIPPI TORT CLAIMS ACT 31
FROM BEING REQUIRED TO OBTAIN A SURETY BOND IN FAVOR OF THE BOARD 32
OR TO FILE CASH, A CERTIFICATE OF DEPOSIT OR GOVERNMENT BONDS IN 33
LIEU THEREOF WHEN MAKING APPLICATION FOR A SCHOOL LICENSE; TO 34
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DELETE PROVISIONS PROVIDING FOR ISSUANCE OF TEMPORARY LICENSES, 35
PROBATIONARY LICENSES, CONDITIONAL LICENSES AND NONCONDITIONAL 36
LICENSES FOR SCHOOLS; TO AMEND SECTION 73-7-17, MISSISSIPPI CODE 37
OF 1972, TO PROVIDE THAT BY JANUARY 1, 2027, THE BOARD SHALL 38
PROMULGATE RULES AND REGULATIONS TO ENABLE LICENSURE OF MOBILE 39
SALON/BARBER SHOPS; TO AMEND SECTION 73-7-19, MISSISSIPPI CODE OF 40
1972, TO PROVIDE THAT FROM AND AFTER THE EFFECTIVE DATE OF THIS 41
ACT THROUGH DECEMBER 31, 2026, ANY COSMETOLOGIST, BARBER, 42
ESTHETICIAN, NAIL TECHNICIAN OR INSTRUCTOR WHO HAS AT LEAST TEN 43
YEARS' EXPERIENCE UNDER THEIR LICENSE AND WHOSE LICENSE HAS BEEN 44
EXPIRED FOR NOT MORE THAN TEN YEARS SHALL NOT HAVE TO TAKE THE 45
EXAMINATION IN ORDER TO RENEW THEIR LICENSE, BUT SHALL RENEW THEIR 46
LICENSE UPON PAYMENT OF THE REQUIRED RENEWAL FEE, ANY ADJUDICATED 47
FINES, AND COMPLETION OF ANY CONTINUING EDUCATION THAT IS 48
APPLICABLE TO THE LICENSE RENEWAL AS REQUIRED BY THE BOARD; TO 49
PROVIDE THAT FROM AND AFTER JANUARY 1, 2027, A COSMETOLOGIST, 50
BARBER, ESTHETICIAN, NAIL TECHNICIAN OR INSTRUCTOR WHO HAS AT 51
LEAST TEN YEARS' EXPERIENCE UNDER THEIR LICENSE AND WHOSE LICENSE 52
HAS BEEN EXPIRED FOR NOT MORE THAN FIVE YEARS SHALL NOT HAVE TO 53
TAKE THE EXAMINATION IN ORDER TO RENEW THEIR LICENSE, BUT SHALL 54
RENEW THEIR LICENSE UPON PAYMENT OF THE REQUIRED RENEWAL FEE, ANY 55
ADJUDICATED FINES, AND A DELINQUENT FEE FOR EACH YEAR THAT THEIR 56
LICENSE HAS BEEN EXPIRED AND COMPLETION OF ANY CONTINUING 57
EDUCATION THAT IS APPLICABLE TO THE LICENSE RENEWAL AS REQUIRED BY 58
THE BOARD; TO REQUIRE CERTAIN CONTINUING EDUCATION COURSES FOR 59
INITIAL LICENSE RENEWAL; TO AMEND SECTION 73-7-23, MISSISSIPPI 60
CODE OF 1972, TO REVISE PROVISIONS REGARDING LICENSURE BY 61
RECIPROCITY; TO AMEND SECTION 73-7-27, MISSISSIPPI CODE OF 1972, 62
TO MODIFY THE PENALTIES FOR CLASS A, CLASS B AND CLASS C 63
VIOLATIONS; TO PROVIDE THAT UNLICENSED PRACTICE OR PRACTICING ONE 64
OF THE PROFESSIONS REGULATED BY THE BOARD WITHOUT A LICENSE OR 65
TEMPORARY PERMIT BY AN INDIVIDUAL WHO HAS OTHERWISE SATISFACTORILY 66
PASSED THE PRESCRIBED EXAMINATION PURSUANT TO SECTION 73-7-13, 67
73-7-13.1, 73-7-18 OR 73-7-21, DURING ANY PERIOD OF TIME IN WHICH 68
NO BOARD OR FORMAL BOARD RULES AND REGULATIONS WERE IN PLACE SHALL 69
NOT BE SUBJECT TO ANY DISCIPLINE OR FINES; TO AMEND SECTION 70
73-7-29, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF 71
THIS ACT; TO PROVIDE THAT AN APPLICANT FOR AN INITIAL LICENSE FOR 72
COSMETOLOGIST, BARBER, NAIL TECHNICIAN OR ESTHETICIAN, SHALL NOT 73
BE CHARGED A FEE IF THE APPLICANT PRODUCES DOCUMENTATION OF HIS OR 74
HER PARTICIPATION IN CERTAIN BENEFIT PROGRAMS; TO PROVIDE THAT 75
REFUNDS ON OVERPAYMENT OF FEES WILL BE MADE SUBJECT TO RULES AND 76
REGULATIONS PROMULGATED BY THE STATE FISCAL OFFICER; TO AMEND 77
SECTION 73-7-31, MISSISSIPPI CODE OF 1972, TO REPLACE THE PHRASE 78
"FACIAL TREATMENTS" WITH "ESTHETICS SERVICES"; TO AMEND SECTION 79
73-7-33, MISSISSIPPI CODE OF 1972, TO DELETE LANGUAGE REGARDING 80
THE APPAREL THAT MUST BE WORN WHILE AT WORK; TO AMEND SECTION 81
73-7-35, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A LICENSEE MAY 82
RENDER SERVICES TO ANY PERSON WHO MAY BE CONFINED TO A SKILLED 83
NURSING FACILITY, A LONG-TERM CARE HOSPITAL OR A COMPREHENSIVE 84
MEDICAL REHABILITATION FACILITY; TO PROVIDE THAT LICENSEES MAY 85
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RENDER SERVICES TO DECEASED PERSONS AWAY FROM THEIR SHOP; TO AMEND 86
SECTIONS 73-7-9 AND 73-7-37, MISSISSIPPI CODE OF 1972, TO CONFORM; 87
TO CREATE A NEW SECTION WITHIN CHAPTER 7, TITLE 73, MISSISSIPPI 88
CODE OF 1972, TO AUTHORIZE REGISTRATION AS INACTIVE STATUS FOR ANY 89
LICENSED COSMETOLOGIST, BARBER, ESTHETICIAN OR NAIL TECHNICIAN WHO 90
IS REGISTERED BUT NOT ACTIVELY PRACTICING IN THIS STATE; TO AMEND 91
SECTION 73-7-14, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE 92
ISSUANCE OF MASTER COSMETOLOGIST, BARBER, NAIL TECHNICIAN AND 93
ESTHETICIAN LICENSES, TO PROVIDE FOR THE REPEAL OF SUCH SECTION ON 94
THE EFFECTIVE DATE OF THIS ACT; TO BRING FORWARD SECTIONS 73-7-5, 95
73-7-7 AND 73-7-25, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF 96
POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES. 97
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 98
SECTION 1. Section 73-7-1, Mississippi Code of 1972, is 99
amended as follows: 100
73-7-1. Any reference to the State Board of Cosmetology or 101
the Board of Barber Examiners in Title 73, Chapters 5 and 7, 102
Mississippi Code of 1972, or any other provision of law, or in any 103
rule, regulation or document, shall mean the State Board of 104
Cosmetology and Barbering created in this section. 105
There is created the State Board of Cosmetology and 106
Barbering, which shall be composed of seven (7) members, with six 107
(6) members to be appointed by the Governor, with the advice and 108
consent of the Senate, and the State Health Officer or his or her 109
designee. Of the appointed members, three (3) members shall be 110
from the cosmetology professions and three (3) members shall be 111
from the barbering profession. However, no more than two (2) 112
members shall be appointed from each Supreme Court district as 113
such district existed on July 1, 2024, and one (1) member from 114
each district shall be a barber. 115
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The initial term of office for the two (2) members appointed 116
from the First Supreme Court District shall be two (2) years and 117
thereafter shall be six (6) years from the expiration date of the 118
previous term; the initial term of office for the two (2) members 119
appointed from the Second Supreme Court District shall be three 120
(3) years and thereafter shall be six (6) years from the 121
expiration date of the previous term; and the initial term of 122
office for the two (2) members appointed from the Third Supreme 123
Court District shall be four (4) years and thereafter shall be six 124
(6) years from the expiration date of the previous term. No 125
member may serve more than three (3) consecutive terms. The 126
initial appointments must be made before August 1, 2024. If 127
appointments are not made by August 1, 2024, the State Board of 128
Cosmetology and the Board of Barber Examiners shall continue to 129
operate in their separate capacities until such time as the Board 130
of Cosmetology and Barbering is appointed. 131
There shall be a president of the board and such other 132
officers as deemed necessary by the board elected by and from its 133
membership, provided that the member elected as president shall 134
have at least one (1) year of experience on the board. Any member 135
appointed by the Governor and confirmed by the Senate for a term 136
to begin on or after August 1, 2024, who was designated by the 137
Governor to serve as president of the board, shall be fully 138
qualified to serve on the board for a full term of office, but 139
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shall not serve as president of the board unless elected by the 140
membership of the board as provided under this paragraph. 141
To be eligible for appointment as a member of the State Board 142
of Cosmetology and Barbering, the person applying shall have been 143
a citizen of this state for a minimum of five (5) years 144
immediately prior to appointment. Such person shall be at least 145
thirty (30) years of age, possess a high school education or its 146
equivalent, and shall have been licensed by the board with not 147
less than ten (10) years' active practice in any profession 148
regulated by the board. No member of the board shall be connected 149
in any way with any school in which any of the professions 150
regulated by the board are taught. 151
In the event of vacancy by death or resignation of any member 152
of the board, the Governor shall, within thirty (30) days, appoint 153
a person possessing all qualifications required to serve the 154
remainder of the term. Any member who has not attended two (2) 155
consecutive meetings of the board for reasons other than illness 156
of such member shall be subject to removal by the Governor. The 157
president of the board shall notify the Governor in writing when 158
any such member has failed to attend two (2) consecutive regular 159
meetings. 160
The salaries of all paid employees of the board shall be paid 161
out of funds in the board's special fund in the State Treasury. 162
Each member of the board, excepting the inspectors provided for 163
herein, shall receive per diem as authorized by Section 25-3-69, 164
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and shall be reimbursed for such other expenses at the same rate 165
and under the same conditions as other state employees as provided 166
for in Section 25-3-41. 167
* * * Notice of all board meetings * * * shall be given as 168
provided in the Open Meetings Act (Section 25-41-1 et seq.). 169
In addition to any powers conferred upon the board in other 170
provisions of law, the board shall appoint an individual to serve 171
as the executive director of the board. The executive director 172
shall possess the qualifications established by the board, which 173
shall be based on National Best Practices. The executive director 174
shall be considered a full-time position. The executive director 175
shall serve at the will and pleasure of the board and shall devote 176
his or her time to the proper administration of the board and the 177
duties assigned to him or her by the board. The executive 178
director shall be paid a salary established by the board, subject 179
to the approval of the State Personnel Board. Subject to the 180
availability of funding, the executive director may employ such 181
administrative staff as may be necessary to assist the executive 182
director and the board in carrying out the duties and directives 183
of the board. 184
SECTION 2. Section 73-7-2, Mississippi Code of 1972, is 185
amended as follows: 186
73-7-2. As used in this chapter, the following terms shall 187
have the meanings as defined in this section unless the context 188
otherwise requires: 189
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(a) "Board" means the State Board of Cosmetology and 190
Barbering. 191
(b) "Barbering" means the occupation of shaving or 192
trimming the beard, cutting or dressing the hair, giving facial or 193
scalp treatment with oils or creams or other cosmetic preparations 194
made for that purpose, antiseptics, powders, clays or lotions to 195
the scalp, face, neck * * *, shoulders, arms or hands either by 196
hand or by means of mechanical appliances, * * * shampooing the 197
hair, dyeing the hair, or permanently waving or straightening the 198
hair for compensation. 199
(c) "Barber" means a person, other than a student, who 200
performs barbering on the general public for compensation, and who 201
shall satisfy the qualifications and licensure requirements 202
provided in this chapter. 203
(d) "Cosmetology" means any one (1) or a combination of 204
the following practices if they are performed on a person's head, 205
face, neck, shoulders, arms, hands, legs or feet for cosmetic 206
purposes: 207
(i) Cutting, clipping or trimming hair and hair 208
pieces. 209
(ii) Styling, arranging, dressing, curling, 210
waving, permanent waving, straightening, cleansing, bleaching, 211
tinting, coloring or similarly treating hair and hair pieces. 212
(iii) Cleansing, stimulating, manipulating, 213
beautifying or applying oils, antiseptics, clays, lotions or other 214
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preparations, either by hand or by mechanical or electrical 215
apparatus. 216
(iv) Arching eyebrows, to include tweezing, 217
waxing, threading or any other methods of epilation, or tinting 218
eyebrows and eyelashes. 219
(v) Removing superfluous hair by the use of 220
depilation. 221
(vi) Manicuring and pedicuring. 222
For regulation purposes, the terms "cosmetology," * * * 223
"barbering" and "esthetics" do not include persons whose practice 224
is limited to only performing makeup artistry, threading or 225
applying or removing eyelash extensions; however, a person may 226
perform a combination of not more than three (3) such practices 227
and still be exempt from this chapter. 228
(e) "Cosmetologist" means a person who for 229
compensation, whether direct or indirect, engages in the practice 230
of cosmetology. 231
(f) "Esthetics" means any one (1) or a combination of 232
the following practices: 233
(i) Massaging the face or neck of a person. 234
(ii) Arching eyebrows to include trimming, 235
tweezing, waxing, threading or any other method of epilation. 236
(iii) Tinting eyelashes or eyebrows. 237
(iv) Waxing * * *. 238
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(v) Stimulating, cleaning or beautifying the face, 239
neck, arms or legs of a person by any method with the aid of the 240
hands or any mechanical or electrical apparatus, or by the use of 241
a cosmetic preparation. 242
The terms "cosmetology," barbering," "esthetics" and "nail 243
technology" shall not include the diagnosis, treatment or therapy 244
of any dermatological condition. For regulation purposes, the 245
term "esthetics" does not include persons whose practice is 246
limited to only performing makeup artistry, threading or applying 247
or removing eyelash extensions; however, a person may perform a 248
combination of not more than three (3) such practices and still be 249
exempt from this chapter. 250
(g) "Esthetician" means any person who, for 251
compensation, either direct or indirect, engages in the practice 252
of esthetics. 253
(h) "Instructor" means a person licensed to teach 254
cosmetology, barbering, * * * nail technology, * * * esthetics, or 255
all of those, pursuant to this chapter, and shall include those 256
persons engaged in the instruction of student instructors. 257
(i) "Nail technology" means any one (1) or a 258
combination of the following practices: 259
(i) Cutting, trimming, polishing, coloring, 260
tinting, cleansing, enhancing and embellishing or otherwise 261
treating a person's nails. 262
(ii) Applying artificial nails. 263
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(iii) Massaging or cleaning a person's hands, 264
arms, legs or feet. 265
(j) "Nail technician" means a person who for 266
compensation, either direct or indirect, engages in the practice 267
of nail technology. 268
* * * 269
( * * *k) "Salon/barber shop" means an establishment 270
operated for the purpose of engaging in the practice of 271
cosmetology, barbering, nail technology, or esthetics, or all of 272
those. 273
( * * *l) "School" means an establishment, public or 274
private, operated for the purpose of teaching cosmetology, 275
barbering, nail technology, or esthetics, or all of those. 276
SECTION 3. Section 73-7-3, Mississippi Code of 1972, is 277
amended as follows: 278
73-7-3. (1) The board shall be authorized to employ such 279
clerical assistance, bookkeepers, investigators and other agents 280
as they may deem necessary to carry out the provisions of this 281
chapter, and to fix their tenure of employment and compensation 282
therefor. The members of the board, as well as all employees of 283
the board except for investigators, shall file a bond with the 284
Secretary of State in the sum of not less than Twenty-five 285
Thousand Dollars ($25,000.00) payable to the State of Mississippi 286
for the faithful performance of their duties. The bond shall be 287
made by a surety company authorized to do business in this state, 288
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the premium of the bond to be paid out of any money in the board's 289
special fund in the State Treasury. 290
(2) The office of the board shall be located in the greater 291
metropolitan area of the City of Jackson, Mississippi, and if 292
office space cannot be obtained in any state-owned building, the 293
board is authorized to rent suitable office space and to pay 294
therefor out of funds in the board's special fund. The board 295
shall employ inspectors as needed, not to exceed twelve (12), who 296
shall be full-time employees and whose salaries and duties shall 297
be fixed by the board. 298
(3) The salaries of all paid employees of the board shall be 299
paid out of the funds in the board's special fund in the State 300
Treasury. The inspectors shall, in addition to their salaries, be 301
reimbursed for such expenses as are allowed other state employees 302
under the provisions of Section 25-3-41. In addition to the 303
paying of office rent, the board is authorized to purchase 304
necessary office furniture and equipment, stationery, books, 305
certificates and any other equipment necessary for the proper 306
administration of this chapter. 307
(4) When, in the opinion of the board, it is essential that 308
an employee of the board work after normal working hours, the 309
employee may receive credit for compensatory leave. 310
(a) The board * * * shall use the standards established 311
by the State Personnel Board in determining whether or not the 312
board's executive director may receive compensatory leave. 313
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(b) Employees of the board may be granted 314
administrative leave with pay, which means discretionary leave 315
with pay, other than personal leave or major medical leave. The 316
board shall use the standards established by the State Personnel 317
Board in determining whether or not employees of the board may be 318
granted administrative leave with pay. 319
* * * 320
SECTION 4. Section 73-7-11, Mississippi Code of 1972, is 321
amended as follows: 322
73-7-11. * * * Each practitioner and instructor license 323
shall contain a recent passport-style photograph of the license 324
holder, the person's name, and the type of license held by the 325
person. The requirements of this section shall apply at the time 326
of issuance of a new license or at the time of renewal of an 327
existing license. A barber pole * * * may be displayed if the 328
business carries a barber license or is dual licensed as a 329
cosmetology salon and barber shop with at least one (1) current 330
barber licensee employed at the location. 331
SECTION 5. Section 73-7-12, Mississippi Code of 1972, is 332
amended as follows: 333
73-7-12. The board shall conduct examinations for 334
cosmetologists, barbers, estheticians, nail technicians and 335
instructors at such times and locations and in such manner as 336
determined by the board. The members of the board shall not 337
personally administer or monitor the examinations, but the board 338
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shall contract for administrators of the examinations. A member 339
of the board shall not receive any per diem compensation for any 340
day that the member is present at the location(s) where the 341
examinations are being administered. 342
SECTION 6. Section 73-7-13, Mississippi Code of 1972, is 343
amended as follows: 344
73-7-13. (1) The board shall admit to examination for a 345
cosmetology license any person who is at least sixteen (16) years 346
old and who has made application to the board in proper form, has 347
paid the required fee, and who has successfully completed no less 348
than fifteen hundred (1500) hours over a period of no less than 349
nine (9) months in a licensed school of cosmetology or no less 350
than three thousand (3,000) hours in an apprenticeship program 351
certified by the board, and has * * * completed the tenth grade or 352
has been successfully enrolled in a community college, a state 353
institution of higher learning, or a public or private college or 354
university. Examinations and all testing requirements shall be 355
clear, objective and uniformly applied. Apprenticeships provided 356
for in this subsection shall be * * * mentored by a licensed 357
cosmetology instructor * * * or a cosmetologist with at least 358
fifteen (15) years of experience. Only * * * two (2) apprentices 359
may be mentored by any person at the same time. Only two (2) 360
apprentice mentors may operate within the same licensed 361
salon/barber shop. 362
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(2) The board * * * shall issue to any student who has 363
completed the prescribed hours in a licensed school or approved 364
apprenticeship program and paid the required fee a temporary 365
permit until such time as the next examination may be held but not 366
exceeding six (6) months. Such student shall be issued only one 367
(1) temporary permit. Application for an examination and license 368
shall be accompanied by two (2) recent passport-style photographs 369
of the applicant. No temporary permit will be issued to an 370
applicant from any other state to operate a beauty salon, barber 371
shop or school of any profession regulated by the board in this 372
state unless in case of emergency. 373
(3) Applicants for the cosmetologist license, after having 374
satisfactorily passed the prescribed examination, shall be issued 375
a cosmetology license which shall be valid for two (2) years, and 376
the license shall be subject to renewal. No license issued by the 377
board may be renewed until all monetary fines and penalties 378
assessed by the board to the licensee are paid in full. 379
(4) Any barber who has successfully completed no less than 380
fifteen hundred (1500) hours in a licensed barber school and who 381
holds a current valid certificate of licensure to practice 382
barbering is eligible to take the cosmetology examination to 383
secure a cosmetology license upon successfully completing six 384
hundred (600) hours in a licensed school of cosmetology. All fees 385
for application, examination, licensure, and renewal thereof shall 386
be the same as provided for cosmetologists. 387
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(5) Each application or filing made under this section shall 388
include the social security number(s) of the applicant in 389
accordance with Section 93-11-64. 390
* * * 391
SECTION 7. Section 73-7-13.1, Mississippi Code of 1972, is 392
amended as follows: 393
73-7-13.1 (1) The board shall admit to examination for a 394
barbering license any person who is at least sixteen (16) years 395
old and who has made application to the board in proper form, has 396
paid the required fee, and who (a) has successfully completed no 397
less than fifteen hundred (1500) hours at a barbering school 398
approved by the board or three thousand (3,000) hours of 399
board-approved apprenticeship training, and (b) has * * * 400
completed the tenth grade or has been successfully enrolled in a 401
community college, a state institution of higher learning, or a 402
public or private college or university. Examinations and all 403
testing requirements shall be clear, objective and uniformly 404
applied. Apprenticeships shall only be * * * mentored by those 405
with an instructor license * * * in barbering or a barber with at 406
least fifteen (15) years of experience. Only two (2) apprentices 407
may be mentored by any person at the same time. Only two (2) 408
apprentice mentors may operate within the same licensed 409
salon/barber shop. 410
(2) The board * * * shall issue to any student who has 411
completed the prescribed hours in a licensed school or approved 412
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apprenticeship training and paid the required fee a temporary 413
permit to practice barbering until the next examination is given 414
but not exceeding six (6) months. In no event shall a person be 415
allowed to practice barbering on a temporary permit beyond the 416
date the next examination is given, except because of personal 417
illness. 418
(3) Applicants for the barbering license, after having 419
satisfactorily passed the prescribed examination, shall be issued 420
a barbering license which shall be valid for two (2) years, and 421
the license shall be subject to renewal. No license issued by the 422
board may be renewed until all monetary fines and penalties 423
assessed by the board to the licensee are paid in full. 424
(4) Any cosmetologist who has successfully completed no less 425
than fifteen hundred (1500) hours in a licensed cosmetology school 426
and who holds a current valid certificate of licensure to practice 427
cosmetology is eligible to take the barbering examination to 428
secure a barber license upon successfully completing six hundred 429
(600) hours in a licensed school of barbering. All fees for 430
application, examination, licensure, and renewal thereof shall be 431
the same as provided for barbers. 432
(5) Each application or filing made under this section shall 433
include the social security number(s) of the applicant in 434
accordance with Section 93-11-64. 435
SECTION 8. Section 73-7-15, Mississippi Code of 1972, is 436
amended as follows: 437
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73-7-15. (1) The board shall admit to examination for * * * 438
an instructor's license any person who has made application to the 439
board in proper form, has paid the required fee, and who: 440
(a) Is a graduate of a licensed * * * school; 441
(b) Has a high school education or its equivalent; 442
(c) Has successfully completed * * * six hundred (600) 443
hours of instructor training in a licensed school * * *; 444
(d) * * * Is at least twenty-one (21) years old; and 445
(e) Holds a current, valid Mississippi * * * 446
practitioner's license. 447
* * * 448
( * * *2) Applicants shall satisfactorily pass the 449
examination prescribed by the board for licensing instructors 450
prior to the issuance of the licenses provided for in this 451
section. However, the board may, in its discretion, issue a 452
temporary instructor's permit until such time as the next 453
examination may be held, the period of which shall not 454
exceed * * * six (6) months. Such applicant shall be issued only 455
one (1) temporary permit. All applications for an instructor's 456
examination shall be accompanied by two (2) recent passport-style 457
photographs of the applicant. 458
( * * *3) Renewal Requirements: 459
(a) All * * * instructors licensed pursuant to this 460
section shall biennially obtain * * * twelve (12) clock hours of 461
continuing education * * *, as approved by the board. Any 462
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instructor who fails to obtain the continuing education required 463
by this subsection shall neither be allowed to instruct nor to 464
enroll students under his or her license until such continuing 465
education requirement has been met. The board may issue an 466
inactive instructor license to such instructors, and an inactive 467
license may be converted into an active license only after proof 468
satisfactory to the board of completion of at least * * * twelve 469
(12) clock hours of board-approved continuing education * * *. 470
(b) All persons who have received a license as a 471
barbering instructor from the board before July 1, 2002, shall be 472
considered to have met the requirements of this section, and all 473
those certificates of registration shall be renewable as otherwise 474
provided in this chapter. 475
(c) No license issued by the board may be renewed until 476
all monetary fines and penalties assessed by the board to the 477
licensee are paid in full. 478
(7) Each application or filing made under this section shall 479
include the social security number(s) of the applicant in 480
accordance with Section 93-11-64. 481
SECTION 9. Section 73-7-16, Mississippi Code of 1972, is 482
amended as follows: 483
73-7-16. (1) All schools of any profession regulated by the 484
board or school owners shall have a school license and shall pay 485
to the board the required license fee biennially therefor. A 486
grace period of sixty (60) days will be given during which to 487
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renew the license, and upon the expiration of the grace period of 488
sixty (60) days, any applicant for the renewal of a school license 489
will be required to pay a delinquent fee in addition to the 490
renewal fee. The board is authorized and empowered to promulgate 491
necessary and reasonable rules and regulations for the issuance 492
and renewal of school licenses. 493
(2) Each application made under this section shall include 494
the social security number(s) of the applicant, owners or agents 495
in accordance with Section 93-11-64. 496
(3) (a) Except as provided in paragraph (b) of this 497
subsection (3), any school making application for a license under 498
this chapter shall not be transferable for any cause and shall 499
include a surety bond in the penal sum of Fifty Thousand Dollars 500
($50,000.00) in favor of the board on a bond form completed by the 501
insurance company or agency. The applicant may file in lieu of 502
the bond, cash, or a certificate of deposit or government bonds in 503
the amount of Fifty Thousand Dollars ($50,000.00). The bond, 504
cash, or a certificate of deposit required under this paragraph 505
shall be for the provision of indemnification of any person 506
suffering loss as the result of any false certification, school 507
closure, any fraud or misrepresentation used on behalf of the 508
principal in procuring such person's enrollment in a course of 509
instruction, including repayment of tuition paid in advance by any 510
student. The bond, cash, or a certificate of deposit required 511
under this section shall provide for the reimbursement of the 512
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commission of any actual administrative costs associated with an 513
institution ceasing operations. If a surety bond is utilized 514
under this paragraph, it shall provide blanket coverage for the 515
acts of all persons engaged as agents of the school without naming 516
them and without regard to the time they are engaged during the 517
term of the bond. 518
(b) The requirement in paragraph (a) of this subsection 519
(3) to obtain a surety bond in favor of the board or to file cash, 520
a certificate of deposit or government bonds in lieu thereof shall 521
not apply to any entity protected by immunity under the 522
Mississippi Tort Claims Act, Section 11-46-1 et seq. 523
(4) The school applicant shall maintain a professional 524
liability insurance policy covering any aspect of the facility, 525
personnel and/or students. 526
(5) The school shall meet all applicable health and safety 527
standards that may be required by local, state and federal 528
agencies. 529
(6) Private business and vocational schools that have 530
obtained national accreditation from an accrediting agency 531
designated by the United States Department of Education must 532
submit evidence of current accreditation. 533
(7) The course content and length of instruction shall be of 534
such nature and quality as to assure that the students will 535
adequately develop the job skills and knowledge necessary for 536
passing any and all examinations required for licensure. 537
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(8) Schools shall provide favorable conditions for effective 538
classroom instruction. A total pattern of successful instruction 539
includes (a) well-defined instructional objectives, (b) systematic 540
planning, (c) selection and use of varied types of learning 541
materials and experiences, (d) adaptation of organization and 542
instructional procedures to student needs, (e) use of varied 543
evaluation instruments and procedures, and (f) good student and 544
teacher morale. 545
(9) Each board-approved school of cosmetology, barbering, 546
esthetics or nail technology must provide proof to the board of an 547
annual pass rate that meets or exceeds the current minimum 548
standard as established by the board. 549
(10) The board shall evaluate school curriculum for 550
conformance with educational requirements set forth in this 551
chapter. 552
(11) There shall be no automatic renewal of school licenses, 553
and each licensee shall be audited for conformity before the 554
issuance of a new license. Before the issuance of any such 555
license, the board shall inspect the premises to determine if same 556
conforms to the law. 557
(12) If a school closes a facility, the licensee must notify 558
the board within sixty (60) days before closing and provide proof 559
of the reason for the closure; proof of method developed to assist 560
students with the completion of their program of study and 561
individual courses; proof of notice sent to all currently enrolled 562
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students, notifying them of the closure; proof of notice given to 563
students indicating where they may obtain any of their records; 564
proof of disposition of student records, with a contact person, 565
complete address, and telephone number and how students' 566
information may be obtained; proof of notice sent to all students 567
who have paid for any tuition and/or fees for future enrollment in 568
a program of study or individual course informing them of the 569
closure, and refund information; proof of certified transcripts 570
for each currently enrolled student who has paid for and completed 571
coursework in lieu of receiving a full or partial refund. If a 572
school files a bankruptcy petition, a certified copy must be filed 573
with the board. 574
* * * 575
( * * *13) No license issued by the board may be renewed 576
until all monetary fines and penalties assessed by the board to 577
the licensee are paid in full. 578
( * * *14) School owners, instructors, and/or employees or 579
contractors of the school shall adhere to the board's statutes and 580
rules and regulations and shall regard students with the same care 581
and consideration as clients. 582
SECTION 10. Section 73-7-17, Mississippi Code of 1972, is 583
amended as follows: 584
73-7-17. (1) All salon/barber shop owners shall have a 585
salon/barber shop license and shall pay to the board the required 586
license fee therefor and pay the required renewal fee for renewal 587
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thereof. A grace period of sixty (60) days will be given in which 588
to renew the license, and upon the expiration of the grace period 589
of sixty (60) days any applicant for the renewal of a salon/barber 590
shop license will be required to pay a delinquent fee in addition 591
to the renewal fee. A salon/barber shop license that has been 592
expired for over one (1) year is nonrenewable and requires a new 593
application. Prior to the initial issuance of such license, the 594
board shall inspect the premises to determine if same qualifies 595
with the law, upon payment by the applicant of the required 596
inspection fee. 597
(2) By January 1, 2027, the board shall promulgate rules and 598
regulations to enable licensure of mobile salon/barber shops. Any 599
such licensed mobile salon/barber shop shall be affiliated with a 600
permanently located salon/barber shop and may provide services 601
only within a defined geographic distance around the permanently 602
located facility as determined by the board. 603
( * * *3) Each application or filing made under this section 604
shall include the social security number(s) of the applicant in 605
accordance with Section 93-11-64. 606
( * * *4) No license issued by the board may be renewed 607
until all monetary fines and penalties assessed by the board to 608
the licensee are paid in full. 609
SECTION 11. Section 73-7-18, Mississippi Code of 1972, is 610
amended as follows: 611
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73-7-18. (1) The board shall admit to examination for an 612
esthetician's license any person who is at least sixteen (16) 613
years old and who has made application to the board in proper 614
form, who has paid the required fee, and who: 615
(a) Has * * * completed the tenth grade or has been 616
successfully enrolled in a community college, a state institution 617
of higher learning, or a public or private college or university; 618
and 619
(b) Has successfully completed a course of training in 620
esthetics of not less than six hundred (600) hours * * * in a 621
licensed school in which the practice of esthetics is taught or of 622
no less than twelve hundred (1200) hours in an apprenticeship 623
program certified by the board. 624
Examinations and all testing requirements shall be clear, 625
objective and uniformly applied. Apprenticeships provided for in 626
this section shall be * * * mentored by a person with an 627
instructor license in * * * esthetics or an esthetician with at 628
least fifteen (15) years of experience. Only * * * two (2) 629
apprentices may be mentored by any person at the same time. Only 630
two (2) apprentice mentors may operate within the same licensed 631
salon/barber shop. 632
(2) The board * * * shall issue to any student who has 633
completed the prescribed hours in a licensed school or approved 634
apprenticeship program and paid the required fee a temporary 635
permit until such time as the next examination may be held but not 636
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exceeding six (6) months. Such student shall be issued only one 637
(1) temporary permit. Application for an examination and license 638
shall be accompanied by two (2) recent passport-style photographs 639
of the applicant. No temporary permit will be issued to an 640
applicant from any other state to operate a beauty salon, barber 641
shop or school of any profession regulated by the board in this 642
state unless in case of emergency. 643
(3) Licensed estheticians desiring to pursue additional 644
hours to be eligible for a license as a cosmetologist may be 645
credited with any hours acquired in studying and training to be an 646
esthetician, which may be applied to the number of hours required 647
for a cosmetology license examination. 648
(4) Every person who has completed not less than three 649
hundred fifty (350) hours of training in esthetics approved by the 650
board in this or any other state prior to July 1, 1987, shall be 651
granted an esthetician's license by the board if such person 652
presents satisfactory evidence to the board that he or she has 653
fulfilled all the requirements to be admitted to examination 654
except the training hours requirement. 655
(5) Each application or filing made under this section shall 656
include the social security number(s) of the applicant in 657
accordance with Section 93-11-64. 658
SECTION 12. Section 73-7-19, Mississippi Code of 1972, is 659
amended as follows: 660
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73-7-19. (1) Except as provided in Section 33-1-39, all 661
licenses shall be renewed biennially under the fee schedule in 662
Section 73-7-29. Applications for renewal of licenses for 663
cosmetologists, barbers, estheticians, nail technicians and 664
instructors must be accompanied by the required renewal fee. A 665
grace period of sixty (60) days * * * shall be given in which to 666
renew the license. Upon the expiration of the grace period of 667
sixty (60) days, any applicant for the renewal of a license * * * 668
shall be required to pay the required renewal fee and a delinquent 669
fee in addition to the renewal fee. The fees may be paid 670
according to the manner prescribed by the board in rules and 671
regulations. Checks returned to the board because of insufficient 672
funds shall result in nonrenewal of the license, which * * * shall 673
require the penalty fee for insufficient fund checks plus all 674
other amounts due for renewal of the license before the license 675
may be renewed. After one (1) year has passed from the expiration 676
date of the license, a delinquent fee must be paid for each year 677
up to three (3) years, after which the required examination must 678
be taken before a license can be renewed. However, from and after 679
the effective date of this act through December 31, 2026, any 680
cosmetologist, barber, esthetician, nail technician or instructor 681
who has at least ten (10) years' experience under their license 682
and whose license has been expired for not more than ten (10) 683
years shall not have to take the examination in order to renew 684
their license, but shall renew their license upon payment of the 685
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required renewal fee, any adjudicated fines, and completion of any 686
continuing education that is applicable to the license renewal as 687
required by the board. From and after January 1, 2027, any 688
cosmetologist, barber, esthetician, nail technician or instructor 689
who has at least ten (10) years' experience under their license 690
and whose license has been expired for not more than five (5) 691
years shall not have to take the examination in order to renew 692
their license, but shall renew their license upon payment of the 693
required renewal fee, any adjudicated fines, and a delinquent fee 694
for each year that their license has been expired and completion 695
of any continuing education that is applicable to the license 696
renewal as required by the board. All applications for the 697
examination required by this chapter shall expire ninety (90) days 698
from the date thereof. 699
(2) Each application or filing made under this section shall 700
include the social security number(s) of the applicant in 701
accordance with Section 93-11-64. 702
(3) No license issued by the board may be renewed until all 703
monetary fines and penalties assessed by the board to the licensee 704
are paid in full. 705
(4) For any license renewal after the effective date of this 706
act and any initial license renewal, the applicant shall complete: 707
(a) A continuing education course on the topic of 708
human/labor trafficking; and 709
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(b) A continuing education course on the topic of 710
domestic violence. 711
SECTION 13. Section 73-7-21, Mississippi Code of 1972, is 712
amended as follows: 713
73-7-21. (1) The board shall admit to examination for a 714
nail technician's license any person who is at least sixteen (16) 715
years old and who has made application to the board in proper 716
form, who has paid the required fee, and who: 717
(a) Has * * * completed the tenth grade or has been 718
successfully enrolled in a community college, a state institution 719
of higher learning, or a public or private college or university; 720
and 721
(b) Has successfully completed no less than three 722
hundred fifty (350) hours of practice and related theory in nail 723
technology over a period of no less than nine (9) weeks in a 724
licensed school in which the practice of nail technology is taught 725
in this or any other state or no less than seven hundred (700) 726
hours in an apprenticeship program certified by the board. 727
Examinations and all testing requirements shall be clear, 728
objective and uniformly applied. Apprenticeships provided for in 729
this section shall be * * * mentored by a person with an 730
instructor license in * * * nail technology or a nail technician 731
with at least fifteen (15) years of experience. Only * * * two 732
(2) apprentices may be mentored by any person at the same time. 733
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Only two (2) apprentice mentors may operate within the same 734
licensed salon/barber shop. 735
(2) The board * * * shall issue to any student who has 736
completed the prescribed hours in a licensed school or approved 737
apprenticeship program and paid the required fee for a temporary 738
permit until such time as the next examination may be held but not 739
exceeding six (6) months. Such student shall be issued only one 740
(1) temporary permit. Application for an examination and license 741
shall be accompanied by two (2) recent passport-style photographs 742
of the applicant. No temporary permit will be issued to an 743
applicant from any other state to operate a beauty salon, barber 744
shop or school of any profession regulated by the board in this 745
state unless in case of emergency. 746
(3) Licensed nail technicians desiring to pursue additional 747
hours to be eligible for a license as a cosmetologist may be 748
credited with any hours acquired in studying and training to be a 749
nail technician which may be applied to the number of hours 750
required for a cosmetology license examination. 751
* * * 752
( * * *4) Each application or filing made under this section 753
shall include the social security number(s) of the applicant in 754
accordance with Section 93-11-64. 755
( * * *5) No license issued by the board may be renewed 756
until all monetary fines and penalties assessed by the board to 757
the licensee are paid in full. 758
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SECTION 14. Section 73-7-23, Mississippi Code of 1972, is 759
amended as follows: 760
73-7-23. (1) The board may, upon application, issue a 761
license by reciprocity to any cosmetologist, barber, nail 762
technician, or esthetician who demonstrates * * *: 763
(a) He or she is properly licensed in good standing in 764
another state or United States territory as a cosmetologist, 765
barber, nail technician or esthetician; 766
(b) The state or United States territory in which the 767
applicant is licensed has similar education requirements to those 768
educational requirements required by this chapter; 769
(c) He or she has satisfied all other licensure 770
requirements required by this chapter, including passage of an 771
examination similar to that required by the board; and 772
(d) Payment of a reciprocity fee to the board. 773
Such application must be accompanied by two (2) recent 774
passport-style photographs of the applicant. 775
(2) * * * The board may, upon application, issue a license 776
by reciprocity to any instructor who demonstrates: 777
(a) He or she is properly licensed in good standing in 778
another state or United States territory as an instructor; 779
(b) The state or United States territory in which the 780
applicant is licensed has similar education requirements to those 781
educational requirements required by this chapter or has three (3) 782
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years or more of experience as a licensed instructor prior to 783
application; 784
(c) He or she has satisfied all other licensure 785
requirements required by this chapter, including passage of an 786
examination similar to that required by the board; and 787
(d) Payment of a reciprocity fee to the board. 788
Such application must be accompanied by two (2) recent 789
passport-style photographs of the applicant. Applicants shall pay 790
the required license fee. 791
(3) * * * If an applicant has not completed an examination 792
that is similar to that required by the board, he or she shall be 793
eligible for examination if the applicant satisfies all other 794
requirements set forth in subsection (1) or (2) above and submits 795
an approved application and examination fee. Upon passage of the 796
required examination, the appropriate license will be issued. 797
(4) The issuance of a license by reciprocity to a 798
military-trained applicant, military spouse or person who 799
establishes residence in this state shall be subject to the 800
provisions of Section 73-50-1 or 73-50-2, as applicable. 801
SECTION 15. Section 73-7-27, Mississippi Code of 1972, is 802
amended as follows: 803
73-7-27. (1) Any complaint may be filed with the board by a 804
member or agent of the board or by any person charging any 805
licensee of the board with the commission of any of the offenses 806
enumerated in subsection (2) of this section. Such complaint 807
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shall be in writing, signed by the accuser or accusers, and 808
verified under oath, and such complaints shall be investigated as 809
set forth in Section 73-7-7. After the investigation, the board 810
may dismiss the complaint if the board, through its administrative 811
review agents, determines that there is not substantial 812
justification to believe that the accused licensee has committed 813
any of the offenses enumerated or, the board may prepare a formal 814
complaint proceeding against the licensee as hereinafter provided. 815
When used with reference to any complaint filed against a licensee 816
herein, the term "not substantial justification" means a complaint 817
that is frivolous, groundless in fact or law, or vexatious, as 818
determined by unanimous vote of the board. In the event of a 819
dismissal, the person filing the accusation and the accused 820
licensee shall be given written notice of the board's 821
determination. If the board determines there is reasonable cause 822
to believe the accused has committed any of those offenses, the 823
secretary of the board or the executive director shall give 824
written notice of such determination to the accused licensee and 825
set a day for a hearing as provided in subsection (3) of this 826
section. 827
(2) The board shall have the power to revoke, suspend or 828
refuse to issue or renew any license or certificate provided for 829
in this chapter, and to fine, place on probation and/or otherwise 830
discipline an applicant, student, licensee or holder of a 831
certificate, upon proof that such person: (a) has not complied 832
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with or has violated any of the rules and regulations promulgated 833
by the board; (b) has not complied with an order, decision, or 834
ruling of the board; (c) has committed fraud or dishonest conduct 835
in the taking of the examination herein provided for; (d) has been 836
convicted of a felony; (e) has committed grossly unprofessional or 837
dishonest conduct; (f) is addicted to the excessive use of 838
intoxicating liquors or to the use of drugs to such an extent as 839
to render him or her unfit to practice in any of the practices or 840
occupations set forth in this chapter; (g) has advertised by means 841
of knowingly false or deceptive statements; (h) has failed to 842
display the license or certificate issued to him or her as 843
provided for in this chapter; or (i) has been convicted of 844
violating any of the provisions of this chapter. A conviction of 845
violating any of the provisions of this chapter shall be grounds 846
for automatic suspension of the license or certificate of such 847
person. 848
(3) (a) The board shall not revoke, suspend or refuse to 849
issue or renew any license or certificate, or fine, place on 850
probation or otherwise discipline any applicant, licensee or 851
holder of a certificate in a disciplinary matter except after a 852
hearing of which the applicant or licensee or holder of the 853
certificate affected shall be given at least twenty (20) days' 854
notice in writing, specifying the reason or reasons for denying 855
the applicant a license or certificate of registration, or in the 856
case of any other disciplinary action, the offense or offenses of 857
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which the licensee or holder of a certificate of registration is 858
charged. Such notice may be served by mailing a copy thereof by 859
United States first-class certified mail, postage prepaid, to the 860
last-known residence or business address of such applicant, 861
licensee or holder of a certificate. The hearing on such charges 862
shall be at such time and place as the board may prescribe. The 863
provisions of this paragraph (a) shall not apply to the board's 864
collection of a civil penalty or fine imposed by the board under 865
paragraph (b) of this subsection. 866
(b) Any civil penalty or fine imposed by the board 867
under this chapter resulting from an inspection or audit shall 868
become due and payable when the applicant, licensee or holder of a 869
certificate incurring the penalty receives a notice in writing 870
from the board of the penalty. The notice shall be sent by 871
registered or certified mail or by personal service. The person 872
to whom the notice is addressed shall have thirty (30) days from 873
the date of the notice in which to make written application for a 874
hearing. Any person who makes the application for a hearing shall 875
be entitled to a hearing. The hearing shall be conducted as a 876
contested case hearing. When an order assessing a civil penalty 877
under this section becomes final by operation of law or on appeal, 878
unless the amount of penalty is paid within thirty (30) days after 879
the order becomes final, it may be recorded with the circuit clerk 880
in any county of this state. The clerk shall then record the name 881
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of the person incurring the penalty and the amount of the penalty 882
in his lien record book. 883
(c) The board may temporarily suspend a license under 884
this chapter without any hearing, simultaneously with the 885
institution of proceedings under this section, if it finds that 886
the evidence in support of the board's determination is clear, 887
competent and unequivocal that the licensee's continuation in 888
practice would constitute an imminent danger to public health and 889
safety. 890
(4) At such hearings, all witnesses shall be sworn by a 891
court reporter, and stenographic notes of the proceedings shall be 892
taken. Any party to the proceedings, at the request of such 893
party, shall be furnished with a copy of such stenographic notes 894
upon payment to the board of such fees as it shall prescribe, not 895
exceeding, however, the actual costs of transcription. 896
(5) The board is authorized and empowered to issue subpoenas 897
for the attendance of witnesses and the production of books and 898
papers. The process issued by the board shall extend to all parts 899
of the state and such process shall be served by any person 900
designated by the board for such service. The person serving such 901
process shall receive such compensation as may be allowed by the 902
board, not to exceed the fee prescribed by law for similar 903
services. All witnesses who shall be subpoenaed, and who shall 904
appear in any proceedings before the board, shall receive the same 905
fees and mileage as allowed by law. 906
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(6) Where in any proceeding before the board any witness 907
shall fail or refuse to attend upon subpoena issued by the board, 908
shall refuse to testify, or shall refuse to produce any books and 909
papers, the production of which is called for by the subpoena, the 910
attendance of such witness and the giving of his testimony and the 911
production of the books and papers shall be enforced by any court 912
of competent jurisdiction of this state, in the same manner as are 913
enforced for the attendance and testimony of witnesses in civil 914
cases in the courts of this state. 915
(7) The board shall conduct the hearing in an orderly and 916
continuous manner, granting continuances only when the ends of 917
justice may be served. The board shall, within sixty (60) days 918
after conclusion of the hearing, reduce its decision to writing 919
and forward an attested true copy thereof to the last-known 920
residence or business address of such applicant, licensee or 921
holder of a certificate, by way of United States first-class 922
certified mail, postage prepaid. 923
(8) Any and all parties to the hearing shall have the right 924
of appeal from an adverse ruling, or order, or decision of the 925
board to the Chancery Court of the First Judicial District of 926
Hinds County, Mississippi, upon forwarding notice of appeal to the 927
board within thirty (30) days after the decision of the board is 928
mailed in the manner here contemplated. The appellant shall, 929
together with the notice of appeal, first pay the costs for the 930
transcription of the record of the hearing(s) and proceeding(s) 931
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before the board in which the adverse ruling, order or decision of 932
the board was made. Any fine imposed by the board under the 933
provisions of this chapter shall not take effect until after the 934
time for appeal has expired, and an appeal of the imposition of 935
such a fine shall act as a supersedeas bond. The appeal shall 936
thereupon be heard in due course by the court, which shall review 937
the record and make its determination thereon. 938
(9) The board, in its discretion, may assess and charge any 939
part or all of the costs of any disciplinary proceedings conducted 940
under this section against the accused if the accused is found 941
guilty of the charges. 942
(10) Any fine imposed by the board upon a licensee or holder 943
of a certificate shall be in accordance with the following class 944
designation of fines: 945
(a) Class A - * * * The violations are minor health and 946
safety violations that are detrimental to public safety and 947
welfare. Violations under this class shall be * * * punished as 948
follows: 949
(i) For a first offense, by written warning; and 950
(ii) For a second or subsequent offense, by a fine 951
not to exceed One Hundred Dollars ($100.00); 952
(b) Class B - Class B violations are major health and 953
safety concerns that are detrimental to public safety and 954
welfare * * *. Violations under this class shall be punished as 955
follows: 956
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(i) For a first offense, by written warning or by 957
a fine not to exceed One Hundred Fifty Dollars ($150.00); and 958
(ii) For a second or subsequent offense, by a fine 959
not to exceed Five Hundred Dollars ($500.00); 960
(c) Class C - Class C violations shall be set at no 961
less than * * * Five Hundred Dollars ($500.00) but no more 962
than * * * Seven Hundred Fifty Dollars ($750.00) and are 963
violations specific to the following: 964
(i) Unlicensed practice or the use of fraudulent 965
statements to obtain any benefits or privileges under this chapter 966
or practicing one (1) of the professions regulated by the board 967
without a license. These violations will be handled in accordance 968
with the requirements of Section 73-7-27 or Section 73-7-37 when 969
applicable; and 970
(ii) Extremely dangerous to the health and safety 971
of the public. 972
The power and authority of the board to impose such fines 973
under this section shall not be affected or diminished by any 974
other proceeding, civil or criminal, concerning the same violation 975
or violations. 976
(11) In addition to the reasons specified in subsection (2) 977
of this section, the board shall be authorized to suspend the 978
license of any licensee for being out of compliance with an order 979
for support, as defined in Section 93-11-153. The procedure for 980
suspension of a license for being out of compliance with an order 981
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for support, and the procedure for the reissuance or reinstatement 982
of a license suspended for that purpose, and the payment of any 983
fees for the reissuance or reinstatement of a license suspended 984
for that purpose, shall be governed by Section 93-11-157 or 985
93-11-163, as the case may be. Actions taken by the board in 986
suspending a license when required by Section 93-11-157 or 987
93-11-163 are not actions from which an appeal may be taken under 988
this section. Any appeal of a license suspension that is required 989
by Section 93-11-157 or 93-11-163 shall be taken in accordance 990
with the appeal procedure specified in Section 93-11-157 or 991
93-11-163, as the case may be, rather than the procedure specified 992
in this section. If there is any conflict between any provision 993
of Section 93-11-157 or 93-11-163 and any provision of this 994
chapter, the provisions of Section 93-11-157 or 93-11-163, as the 995
case may be, shall control. 996
(12) Notwithstanding any other provision of law, unlicensed 997
practice or practicing one (1) of the professions regulated by the 998
board without a license or temporary permit by an individual who 999
has otherwise satisfactorily passed the prescribed examination 1000
pursuant to Section 73-7-13, 73-7-13.1, 73-7-18 or 73-7-21, as the 1001
case may be, during any period of time in which no board or formal 1002
board rules and regulations to enable issuance of such a license 1003
were in place shall not be subject to any discipline or fines 1004
under this chapter. 1005
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SECTION 16. Section 73-7-29, Mississippi Code of 1972, is 1006
amended as follows: 1007
73-7-29. The board shall assess fees in the following 1008
amounts and for the following purposes: 1009
(a) Initial license/renewal for cosmetologist, barber, 1010
nail technician or esthetician............................. $ 50.00 1011
(b) Instructor initial license/renewal............ 80.00 1012
(c) * * * [Deleted] 1013
(d) Delinquent renewal penalty - cosmetologist, barber, 1014
nail technician, esthetician and instructor.................. 50.00 1015
There shall be no renewal fee for any licensee seventy (70) 1016
years of age or older. 1017
(e) Salon/barber shop application and initial 1018
inspection................................................... 85.00 1019
(f) Salon/barber shop reinspection................ 35.00 1020
(g) Application under reciprocity or UROLA........ 55.00 1021
(h) Salon/barber shop renewal..................... 60.00 1022
(i) Salon/barber shop delinquent renewal penalty....... 1023
............................................................. 50.00 1024
(j) Application and initial inspection for a new 1025
school...................................................... 300.00 1026
(k) New school reinspection...................... 100.00 1027
(l) School change of ownership................... 300.00 1028
(m) School relocation............................ 150.00 1029
(n) School renewal................................ 75.00 1030
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(o) School delinquent renewal penalty............ 100.00 1031
(p) Duplicate license............................. 10.00 1032
(q) Penalty for insufficient fund checks.......... 20.00 1033
(r) Affidavit processing.......................... 15.00 1034
(s) Demonstrator permit........................... 10.00 1035
An applicant who applies under the Military Family Freedom 1036
Act shall not be charged a fee. An applicant for an initial 1037
license for cosmetologist, barber, nail technician or esthetician, 1038
shall not be charged a fee if the applicant produces documentation 1039
of his or her participation in either a program administered by 1040
the Mississippi Division of Medicaid, the Temporary Assistance for 1041
Needy Families Program or the Supplemental Nutrition Assistance 1042
Program administered by the Department of Human Services, or the 1043
Women, Infants and Children's Nutrition Program administered by 1044
the State Department of Health. The board may charge additional 1045
fees for services which the board deems appropriate to carry out 1046
its intent and purpose. These additional fees shall not exceed 1047
the cost of rendering the service. 1048
The board * * * shall be authorized to make refunds of any 1049
deposits received by the board for services which are not 1050
rendered. Refunds * * * shall be made on overpayment of fees 1051
subject to rules and regulations promulgated by the State Fiscal 1052
Officer. All other refunds * * * shall be made upon the written 1053
requests from applicants. If no request for refund is made within 1054
sixty (60) days, the fees * * * shall be forfeited. 1055
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SECTION 17. Section 73-7-31, Mississippi Code of 1972, is 1056
amended as follows: 1057
73-7-31. Nothing in this chapter shall apply to: 1058
(a) Cosmetology, barbering, nail technology or * * * 1059
esthetics services given in the home to members of family or 1060
friends for which no charge is made. Cosmetology, barbering, nail 1061
technology or * * * esthetics services given at an event venue to 1062
members of family or friends for which no charge is made may be 1063
permitted upon the express, written approval of the board. 1064
(b) Persons whose practice is limited to only 1065
performing makeup artistry, threading or applying or removing 1066
eyelash extensions; however, a person may perform a combination of 1067
not more than these three (3) such practices and still be exempt 1068
from this chapter. 1069
(c) Persons engaged in the practice of hair braiding as 1070
defined in Section 73-7-71 who have completed the self-test part 1071
of the brochure on infection control techniques prepared by the 1072
State Department of Health and who keep the brochure and completed 1073
self-test available at the location at which the person is engaged 1074
in hair braiding. 1075
SECTION 18. Section 73-7-33, Mississippi Code of 1972, is 1076
amended as follows: 1077
73-7-33. In addition to the rules and regulations that may 1078
be prescribed and promulgated by the board under authority of this 1079
chapter, the following rules and regulations shall be observed: 1080
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(a) Every establishment must be kept sanitary, 1081
including all * * * tools and equipment, must be well ventilated 1082
and properly lighted. Each salon/barber shop must be provided 1083
with hot and cold running water. Electrical appliances must be 1084
properly installed and grounded. 1085
* * * 1086
( * * *b) Persons with a communicable disease or 1087
parasitic infection that is medically recognized to be a direct 1088
threat of transmission by the type of contact that practitioners 1089
have with clients are not to be permitted to practice in an 1090
establishment until their condition is no longer communicable 1091
under those circumstances. No work shall be performed on any 1092
patron having a visible disease unless the patron shall produce a 1093
certificate from a practicing physician stating that the patron is 1094
free from infectious, contagious or communicable disease. A 1095
license regulated by the board does not authorize such licensee to 1096
treat or prescribe for an infectious, contagious or any other 1097
disease. 1098
( * * *c) A home salon/barber shop must have a solid 1099
wall to the ceiling with an outside entrance, or if a door exists 1100
between the salon/barber shop and the remainder of the house, the 1101
door must be kept closed at all times while service is being 1102
rendered. 1103
SECTION 19. Section 73-7-35, Mississippi Code of 1972, is 1104
amended as follows: 1105
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73-7-35. (1) No person licensed pursuant to this chapter 1106
shall practice his or her profession except within the physical 1107
confines of a salon/barber shop possessing * * * a properly 1108
executed license issued pursuant to Section 73-7-17. However, 1109
this requirement shall not prevent a person from rendering his or 1110
her services to any person who may be confined to his or her home, 1111
a hospital, a skilled nursing facility, a long-term care hospital, 1112
a comprehensive medical rehabilitation facility or other place as 1113
a result of illness, and cosmetologists * * *, barbers, 1114
estheticians and nail technicians shall be permitted to render 1115
their services to deceased persons away from their salon/barber 1116
shop. 1117
(2) No salon/barber shop owner licensed pursuant to this 1118
chapter shall allow a cosmetologist, barber, esthetician, or nail 1119
technician to practice his/her profession in the salon/barber shop 1120
without possessing a valid license issued pursuant to this 1121
chapter. 1122
(3) Nothing in this section shall prevent a person licensed 1123
pursuant to this chapter from rendering his or her services at the 1124
physical practice location of a physician, physician's assistant, 1125
or advanced practice registered nurse, or require such a practice 1126
location to be licensed pursuant to this chapter. 1127
SECTION 20. Section 73-7-9, Mississippi Code of 1972, is 1128
amended as follows: 1129
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73-7-9. No person required by this chapter to have a license 1130
shall conduct a school of any profession regulated by the board, 1131
salon or barber shop, or practice cosmetology, barbering, 1132
esthetics, nail technology, or practice as an instructor, unless 1133
such person has received a license or temporary permit therefor 1134
from the board. Anyone determined to have violated any of these 1135
rules or regulations prior to being licensed by the board, except 1136
as provided in Section 73-7-27(12), shall be subject to the same 1137
discipline by the board as licensees. They may be disciplined and 1138
fined accordingly. 1139
SECTION 21. Section 73-7-37, Mississippi Code of 1972, is 1140
amended as follows: 1141
73-7-37. (1) The violation of any of the provisions of this 1142
chapter, including the use of fraudulent statements to obtain any 1143
benefits or privileges under this chapter or practicing one (1) of 1144
these professions without a license, except as provided in Section 1145
73-7-27(12), shall constitute a misdemeanor, punishable in any 1146
court of competent jurisdiction at the seat of government, and any 1147
person or firm convicted of the violation of any of the provisions 1148
of this chapter shall be fined not less than Five Hundred Dollars 1149
($500.00) but not more than One Thousand Dollars ($1,000.00). The 1150
court shall not be authorized to suspend or suspend the execution 1151
of the fine required under this section. 1152
(2) If any person, salon, school or other type of business 1153
entity engaged in the practice or teaching of the professions 1154
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regulated by the board violates any of the provisions of this 1155
chapter, the secretary of the board, upon direction of a majority 1156
of the board and in the name of the board, acting through the 1157
Attorney General or an attorney employed by the board, shall apply 1158
in the chancery court of the county in Mississippi in which the 1159
person or licensee resides or in the county which the person or 1160
licensee practices, or the county in which the salon, school, or 1161
other type of business entity is located, for an order enjoining 1162
such violation or for an order enforcing compliance with the 1163
provisions of this chapter. Upon the filing of a verified 1164
petition in the chancery court and after notice as provided under 1165
the Mississippi Rules of Civil Procedure, such court, if satisfied 1166
by the sworn petition, by affidavit or otherwise, that such person 1167
or entity has violated any of the provisions of this chapter, may 1168
issue an injunction without notice or bond, enjoining such 1169
continued violation and such injunction shall remain in force and 1170
effect until a final hearing. If at such hearing it is 1171
established that such person or entity has violated or is 1172
violating any of the provisions of this chapter, the court may 1173
enter a decree permanently enjoining such violation or enforcing 1174
compliance with this chapter. In addition, the court may enter a 1175
judgment against such person or entity for attorney's fees, court 1176
costs and the actual costs incurred by the board in investigating 1177
the actions of such person for which the board brought the suit 1178
for an injunction. In case of violation of any decree issued in 1179
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compliance with this subsection, the court may punish the offender 1180
for contempt of court and the court shall proceed as in other 1181
cases. 1182
(3) The proceedings in this section shall be in addition to 1183
and not in lieu of the other remedies and penalties provided in 1184
this chapter. 1185
SECTION 22. The following shall be codified as a separate 1186
section within Chapter 7, Title 73, Mississippi Code of 1972: 1187
73-7-__. Any licensed cosmetologist, barber, esthetician, or 1188
nail technician who is registered but not actively practicing in 1189
the State of Mississippi at the time of making application for 1190
renewal of an active license, may apply for registration as 1191
inactive status. Such "inactive" status list shall be maintained 1192
by the board and shall set out the names and post office addresses 1193
of all persons registered but not actively practicing in this 1194
state, arranged alphabetically by name and also by the 1195
municipalities and states of their last-known professional or 1196
residential address. Only the cosmetologists, barbers, 1197
estheticians and nail technicians registered on the appropriate 1198
list as actively practicing in the State of Mississippi shall be 1199
authorized to practice those professions. No cosmetologist, 1200
barber, nail technician or esthetician shall be registered on the 1201
"inactive" list until the person has furnished a statement of 1202
intent to take such action to the board. Any licensed 1203
cosmetologist, barber, nail technician or esthetician, who is 1204
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registered on the "inactive" status list shall not be eligible for 1205
active licensure status until either of the following conditions 1206
have been satisfied: 1207
(a) Written application shall be submitted to the board 1208
stating the reasons for such inactivity and setting forth such 1209
other information as the board may require on an individual basis 1210
and completion of the number of clock hours of continuing 1211
education as approved by the board; or 1212
(b) Evidence to the satisfaction of the board shall be 1213
submitted that they have actively practiced their profession in 1214
good standing in another state and have not been guilty of conduct 1215
that would warrant suspension or revocation as provided by 1216
applicable law; and 1217
(c) Payment of the fee for processing such inactive 1218
license shall be paid biennially in accordance to board rules. 1219
SECTION 23. Section 73-7-14, Mississippi Code of 1972, is 1220
amended as follows: 1221
73-7-14. (1) Any person who holds a current, valid 1222
cosmetology, barbering, nail technology, or esthetics license may 1223
be licensed as a master cosmetologist, barber, nail technician or 1224
esthetician if he or she has been a licensed cosmetologist, 1225
barber, nail technician or esthetician in this state for a period 1226
of not less than twelve (12) months, and has completed a minimum 1227
course of sixteen (16) hours of continuing education approved by 1228
the board within the licensing period preceding initial 1229
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application for the license, and has paid the original license 1230
fee. Master cosmetologist, barber, nail technician or esthetician 1231
licenses shall be renewable upon completion of a minimum course of 1232
eight (8) hours of continuing education approved by the board 1233
within a licensing period and payment of the required renewal fee. 1234
This is an optional license and pertains only to individuals 1235
wishing to complete the continuing education requirement. 1236
(2) Each application or filing made under this section shall 1237
include the social security number(s) of the applicant in 1238
accordance with Section 93-11-64. 1239
(3) No license issued by the board may be renewed until all 1240
monetary fines and penalties assessed by the board to the licensee 1241
are paid in full. 1242
(4) This section shall stand repealed on the effective date 1243
of this act. 1244
SECTION 24. Section 73-7-5, Mississippi Code of 1972, is 1245
brought forward as follows: 1246
73-7-5. (1) All fees and any other monies received by the 1247
board shall be deposited in a special fund that is created in the 1248
State Treasury and shall be used for the implementation and 1249
administration of this chapter when appropriated by the 1250
Legislature for such purpose. The monies in the special fund 1251
shall be subject to all provisions of the state budget laws that 1252
are applicable to special fund agencies, and shall be disbursed by 1253
the State Treasurer only upon warrants issued by the State Fiscal 1254
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Officer upon requisitions signed by the president of the board or 1255
another board member designated by the president, and 1256
countersigned by the secretary of the board. Any interest earned 1257
on this special fund shall be credited by the State Treasurer to 1258
the fund and shall not be paid into the State General Fund. Any 1259
unexpended monies remaining in the special fund at the end of a 1260
fiscal year shall not lapse into the State General Fund. 1261
(2) The State Auditor shall audit the financial affairs of 1262
the board and the transactions involving the special fund at least 1263
once a year in the same manner as for other special fund agencies. 1264
In addition, the Governor, in his discretion, shall have the power 1265
from time to time to require an audit of the financial affairs of 1266
the board, the same to be made by the State Auditor upon request 1267
of the Governor. The Governor shall have the power to suspend any 1268
member of the board who shall be found in default in any account 1269
until such time as it shall be determined whether such default was 1270
a result of an act of dishonesty on the part of the member, and in 1271
the event it is found that such default is an act of dishonesty, 1272
misfeasance or nonfeasance on the part of the member, such member 1273
shall be immediately removed by the Governor from office. 1274
SECTION 25. Section 73-7-7, Mississippi Code of 1972, is 1275
brought forward as follows: 1276
73-7-7. (1) The board shall have authority to make 1277
reasonable rules and regulations for the administration of the 1278
provisions of this chapter. The board shall set up a curriculum 1279
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for operation of schools of all of the professions that it is 1280
charged to regulate in this state. The board shall receive and 1281
consider for adoption recommendations for rules and regulations, 1282
school curriculum, and related matters from the Mississippi 1283
Cosmetology and Barbering Council, whose membership shall consist 1284
of, in addition to the six (6) appointed board members, five (5) 1285
elected delegates from the Mississippi Cosmetology and Barbering 1286
Association, five (5) elected delegates from the Mississippi 1287
Cosmetology and Barber School Association, five (5) elected 1288
delegates from the Mississippi Esthetics Association, five (5) 1289
elected delegates from the Mississippi Independent Beauticians and 1290
Barbers Association, and five (5) elected delegates from the 1291
Cosmetology and Barbering School Owners and Teachers Association. 1292
The board may revoke the license or may refuse to issue a license 1293
to any cosmetologist, barber, esthetician, nail technician, 1294
instructor, school of any profession regulated by the board, or 1295
salon/barber shop that fails or refuses to comply with the 1296
provisions of this chapter and the rules and regulations of the 1297
board in carrying out the provisions of this chapter. 1298
(2) The board shall have authority to prescribe reasonable 1299
rules and regulations governing sanitation of schools of all 1300
professions regulated by the board, salons, and barber shops for 1301
the guidance of persons licensed under this chapter in the 1302
operation of schools of all professions regulated by the board, 1303
salons or barber shops, and in the practice of cosmetology, 1304
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barbering, esthetics, and nail technology. However, any and all 1305
rules and regulations relating to sanitation shall, before 1306
adoption by the board, have the written approval of the State 1307
Board of Health. When the board has reason to believe that any of 1308
the provisions of this chapter or of the rules and regulations of 1309
the board have been violated, either upon receipt of a written 1310
complaint alleging such violations or upon the board's own 1311
initiative, the board, or any of its authorized agents, shall 1312
investigate same and shall have authority to enter upon the 1313
premises of a school of any profession regulated by the board, 1314
salon or barber shop at any time during the regular business hours 1315
of that school, salon or barber shop to conduct the investigation. 1316
Such investigation may include, but not be limited to, conducting 1317
oral interviews with the complaining party, school, salon or 1318
barber shop owner(s) and/or students of the school, and reviewing 1319
records of the school, salon or barber shop pertinent to the 1320
complaint and related to an area subject to the authority of the 1321
board. Such investigation shall not include written interviews or 1322
surveys of school employees or students, and the privacy of 1323
patrons shall be respected by any person making such 1324
investigation. 1325
(3) The board shall adopt regulations to ensure that all 1326
fingernail service products used by licensees regulated by the 1327
board do not contain methyl methacrylate (MMA) as a monomer agent 1328
for cosmetic nail applications. 1329
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ST: State Board of Cosmetology and Barbering;
revise various provisions related to.
(4) If the board finds that a violation of the provisions of 1330
this chapter or the rules and regulations of the board has 1331
occurred, it may cause a hearing to be held as set forth in 1332
Section 73-7-27. 1333
SECTION 26. Section 73-7-25, Mississippi Code of 1972, is 1334
brought forward as follows: 1335
73-7-25. Every demonstrator in the field of cosmetology, 1336
barbering, esthetics or nail technology shall, before making 1337
demonstrations in a salon, barber shop or school, apply for and 1338
obtain a permit from the board. For such permit, which shall be 1339
for one (1) year, the required fee shall be paid to the board. 1340
This section shall be construed to apply to demonstrators in a 1341
salon, barber shop and schools. 1342
SECTION 27. This act shall stand repealed on June 30, 2028. 1343
SECTION 28. This act shall take effect and be in force from 1344
and after its passage. 1345