SB 2160 — State Board of Cosmetology and Board of Barber Examiners; merge into one board.

the initial term of office for the second cosmetologist member and second S.

2160 *SS26/R539**SS26/R539PS* ~ OFFICIAL ~ 23/SS26/R53923/SS26/R539PS PAGE 2(scm\tb)2 SECTIONbarber 3.member shall be four (4) years and thereafter shall be six (6) years;

Sectionand 41-3-15,the Mississippiinitial Codeterm of 1972,office isfor amendedthe asmanicurist/esthetician follows:member and third barber member shall be six (6) years.

41-3-15.No member may serve more than two (2) consecutive terms.

(1)The (a)initial Thereappointments shallmust be amade Statebefore DepartmentSeptember of1, Health.2023.

(b)There Theshall Statebe Boarda president of Healththe shallboard haveand such other officers as deemed necessary by the followingboard powerselected by and duties:from its membership, provided that the member elected as president shall have at least one (1) year of experience on the board.

(i)Any Tomember formulateappointed by the policyGovernor and confirmed by the Senate for a term to begin on or after July 1, * * * 2023, who was designated by the Governor to serve as president of the Stateboard, Departmentshall be fully qualified to serve on the board for a full term of Healthoffice, regardingbut publicshall healthnot mattersserve withinas president of the jurisdictionboard unless elected by the membership of the department;board as provided under this paragraph.

(ii) To adopt,be modify,eligible repealfor andappointment promulgate,as aftera duemember noticeof andthe hearing,State andBoard enforceof rulesCosmetology and regulationsBarbering, implementing or effectuating the powersperson andapplying dutiesshall ofhave thebeen departmenta undercitizen anyof andthis allstate statutesfor withina theminimum department'sof jurisdiction,five and(5) asyears theimmediately boardprior mayto deemappointment. necessary;

(iii)Such Toperson applyshall for,be receive,at acceptleast andthirty expend(30) anyyears federalof orage, statepossess fundsa high school education or contributions,its gifts,equivalent, trusts,and devises,shall bequests,have grants,been endowments* or* funds* fromlicensed any* other* source* orby transfersthe ofboard propertywith ofnot anyless kind;* * * than five (5) years' active practice in * * * an occupation regulated by the board.

(iv)No Tomember enterof into, and to authorize the executiveboard officershall tobe executeconnected contracts,in grantsany andway cooperative agreements with any federalschool orwherein statecosmetology agency or subdivision thereof, or any public or private institution located inside or outside the State of Mississippi, or any person, corporation or association in connection with carrying out the provisions of this chapter, if it finds those actions to be in the public interest and the contracts S.

2160 *SS26/R539**SS26/R539PS* ~ OFFICIAL ~ 23/SS26/R53923/SS26/R539PS PAGE 3(scm\tb)3 oris agreementstaught, donor notshall haveany atwo financial(2) costmembers thatof exceeds the amountsboard appropriatedbe forgraduates thoseof purposesthe bysame theschool Legislature;of cosmetology or barbering.

(v)However, Toin appoint,the uponevent recommendation of thevacancy Executiveby Officerdeath ofor theresignation State Department of Health,any amember Director of Internalthe Auditboard, whothe shallGovernor beshall, eitherwithin athirty Certified(30) Publicdays, Accountantappoint ora Certifiedperson Internalpossessing Auditor,all andqualifications whoserequired employmentto shallserve be continued at the discretionremainder of the board,term. and who shall report directly to the board, or its designee;

andAny (vi)member Towho dischargeshall suchnot otherattend duties,two responsibilities(2) andconsecutive powersmeetings asof arethe necessaryboard tofor implementreasons theother provisionsthan illness of thissuch chapter.member shall be subject to removal by the Governor.

(c) The Executivepresident Officer of the Stateboard Departmentshall ofnotify Healththe shallGovernor havein thewriting followingwhen powersany andsuch duties:member has failed to attend two (2) consecutive regular meetings.

(i)The Tosalaries administerof theall policiespaid employees of the Stateboard Boardshall be paid out of Healthfunds withinin the authorityboard's grantedspecial byfund in the board;State Treasury.

(ii)Each Tomember superviseof andthe directboard, allexcepting administrativethe andinspectors technicalprovided activitiesfor ofherein, theshall department,receive exceptper thatdiem theas department'sauthorized internalby auditorSection 25-3-69, and shall be subjectreimbursed tofor such other expenses at the solesame supervisionrate and directionunder of the board;same conditions as other state employees as provided for in Section 25-3-41.

(iii)The Toboard organizeshall thegive administrativereasonable unitspublic notice of theall department in accordance with the plan adopted by the board and,meetings withnot boardless approval,than alterten the(10) organizationaldays planprior and reassign responsibilities as he or she may deem necessary to carrysuch outmeetings. the policies of the board;

S.(2) In addition to any powers conferred upon the board in other provisions of law, the State Board of Cosmetology and Barbering shall appoint an individual to serve as the Executive Director of the State Board of Cosmetology and Barbering.

The executive director shall possess the qualifications established by S.

2160 *SS26/R539**SS26/R539PS* ~ OFFICIAL ~ 23/SS26/R53923/SS26/R539PS PAGE 4(scm\tb)4 (iv) To coordinate the activitiesboard, ofwhich theshall variousbe officesbased ofon theNational department;Best Practices.

(v)The Toexecutive employ,director subjectshall to regulations of the State Personnel Board, qualified professional personnel in the subject matter or fields of each office, and such other technical and clerical staff as may be requiredconsidered fora thefull-time operationposition. of the department.

The executive officerdirector shall beserve at the appointingwill authorityand forpleasure of the department,board and shall havedevote thehis poweror toher delegatetime to the authorityproper toadministration appointof orthe dismissboard employeesand tothe appropriateduties subordinates,assigned subject to thehim rulesor andher regulationsby of the Stateboard. Personnel Board;

(vi)The Toexecutive recommenddirector toshall thebe boardpaid sucha studiessalary andestablished investigationsby asthe heboard, orsubject she may deem appropriate, and to carry out the approvedapproval recommendationsof in conjunction with the variousState offices;Personnel Board.

(vii)Subject To prepare and deliver to the Legislatureavailability andof funding, the Governorexecutive ondirector ormay beforeemploy January 1 of each year, and at such otheradministrative timesstaff as may be requirednecessary byto assist the Legislaturedirector orand Governor,board ain fullcarrying reportout of the workduties ofand thedirectives departmentof and the officesState thereof,Board including a detailed statement of expendituresCosmetology of the department and anyBarbering. recommendations the board may have;

(viii)SECTION To3. prepare and deliver to the Chairmen of the Public Health and Welfare/Human Services Committees of the Senate and House on or before January 1 of each year, a plan for monitoring infant mortality in Mississippi and a full report of S.

Section 73-7-2, Mississippi Code of 1972, is amended as follows:

73-7-2.

As used in this chapter, the following terms shall have the meanings ascribed herein unless the context otherwise requires:

(a) "Board" means the State Board of Cosmetology and Barbering.

(b) "Barbering" means the occupation of shaving or trimming the beard, cutting or dressing the hair, giving facial or scalp treatment with oils or creams or other cosmetic preparations made for that purpose, antiseptics, powders, clays or lotions to scalp, face, neck or upper part of the body either by hand or by means of mechanical appliances, singeing and shampooing the hair, S.

2160 *SS26/R539**SS26/R539PS* ~ OFFICIAL ~ 23/SS26/R53923/SS26/R539PS PAGE 5(scm\tb)5 thedyeing work of the departmenthair onor reducingpermanently Mississippi'swaving infantor mortalitystraightening and morbidity rates and improving the statushair offor maternalcompensation. and infant health;

*(c) *"Barber" *means (ix)a Toperson, enterother intothan contracts,a grantsstudent, andwho cooperativeperforms agreementsbarbering withon anythe federalgeneral or state agency or subdivision thereof, or any public orfor privatecompensation, institutionand locatedwho insideshall orsatisfy outside the Statequalifications ofand Mississippi,licensure orrequirements anyprovided person, corporation or association in connection with carrying out the provisions of this chapter,chapter. if he or she finds those actions to be in the public interest and the contracts or agreements do not have a financial cost that exceeds the amounts appropriated for those purposes by the Legislature.

Each( contract* or* agreement*d) entered"Cosmetology" intomeans byany one (1) or a combination of the executivefollowing officerpractices shallif bethey submittedare toperformed theon boarda beforeperson's itshead, nextface, meetingneck, *shoulder, *arms, *;hands, legs or feet for cosmetic purposes:

(x)(i) ToCutting, carryclipping outor thetrimming dutieshair and responsibilitieshair setpieces. forth in Section 1 of this act.

(2)(ii) TheStyling, Statearranging, Boarddressing, ofcurling, Healthwaving, shallpermanent havewaving, thestraightening, authoritycleansing, tobleaching, establishtinting, ancoloring Officeor ofsimilarly Ruraltreating Healthhair withinand thehair department.pieces.

The(iii) dutiesCleansing, andstimulating, responsibilitiesmanipulating, ofbeautifying thisor officeapplying shalloils, includeantiseptics, theclays, following:lotions or other preparations, either by hand or by mechanical or electrical apparatus.

(a)(iv) ToArching collecteyebrows, andto evaluateinclude datatweezing, onwaxing, ruralthreading healthor conditionsany other methods of epilation, or tinting eyebrows and needs;eyelashes.

(b)(v) ToRemoving engagesuperfluous inhair policyby analysis,the policyuse developmentof anddepilation. economic impact studies with regard to rural health issues;

(vi) Manicuring and pedicuring.

2160 *SS26/R539**SS26/R539PS* ~ OFFICIAL ~ 23/SS26/R53923/SS26/R539PS PAGE 6(scm\tb)6 (c)For Toregulation developpurposes, andthe implementterms plans"cosmetology" * * * and provide"barbering" technicaldo assistancenot toinclude enablepersons communitywhose healthpractice systemsis limited to respondonly toperforming variousmakeup changesartistry, inthreading theiror circumstances;applying or removing eyelash extensions;

(d)however, Toa planperson andmay assistperform ina professionalcombination recruitmentof andnot retentionmore ofthan medicalthree professionals(3) such practices and assistants;still be exempt from this chapter.

and( (e)* To* establish*d) information"Cosmetologist" clearinghousesmeans toa improveperson accesswho tofor andcompensation, sharingwhether ofdirect ruralor healthindirect, careengages information.in the practice of cosmetology.

(3)( The* State* Board*e) of"Esthetics" Healthmeans shallany haveone general(1) supervisionor ofa thecombination health interests of the peoplefollowing ofpractices: the state and to exercise the rights, powers and duties of those acts which it is authorized by law to enforce.

(4)(i) TheMassaging Statethe Boardface ofor Healthneck shallof havea authority:person.

(a)(ii) ToArching makeeyebrows investigations and inquiries with respect to theinclude causestrimming, oftweezing, diseasewaxing, andthreading death,or andany toother investigatemethod the effect of environment,epilation includingor conditionstinting ofeyebrows employment and othereyelashes. conditions that may affect health, and to make such other investigations as it may deem necessary for the preservation and improvement of health.

(b)(iii) ToTinting makeeyelashes suchor sanitaryeyebrows. investigations as it may, from time to time, deem necessary for the protection and improvement of health and to investigate nuisance questions that affect the security of life and health within the state.

(c)(iv) ToWaxing, directstimulating, andcleaning controlor sanitarybeautifying andthe quarantineface, measuresneck, forarms dealingor legs of a person by any method with allthe diseasesaid withinof the statehands possibleor toany suppressmechanical sameor andelectrical preventapparatus, theiror spread.by the use of a cosmetic preparation.

S.The term "esthetics" shall not include the diagnosis, treatment or therapy of any dermatological condition.

For regulation purposes, the term "esthetics" does not include persons whose practice is limited to only performing makeup artistry, threading or applying or removing eyelash extensions;

however, a S.

2160 *SS26/R539**SS26/R539PS* ~ OFFICIAL ~ 23/SS26/R53923/SS26/R539PS PAGE 7(scm\tb)7 (d)person Tomay obtain,perform collecta andcombination preserveof suchnot informationmore relativethan tothree mortality,(3) morbidity,such diseasepractices and healthstill as may be usefulexempt infrom the discharge of its duties or may contribute to the prevention of disease or the promotion of health in this state.chapter.

(e)( To* charge* and*f) collect"Esthetician" reasonablemeans feesany forperson healthwho, services,for includingcompensation, immunizations,either inspectionsdirect andor relatedindirect, activities,engages andin the boardpractice shallof chargeesthetics. fees for those services;

however,( if* it* is*g) determined"Instructor" thatmeans a person receivinglicensed servicesto isteach unablecosmetology, toor paymanicuring theand totalpedicuring, fee,or theesthetics, boardor all of those, pursuant to this chapter, and shall collectinclude anythose amountpersons thatengaged in the personinstruction isof ablestudent toinstructors. pay.

Any( increase* in* the*h) fees"Manicuring chargedand bypedicuring" themeans boardany underone this(1) paragraphor shalla becombination inof accordance with the provisionsfollowing ofpractices: Section 41-3-65.

(f) (i) ToCutting, establishtrimming, standardspolishing, for,coloring, issuetinting, permitscleansing and exercise control over, any cafes, restaurants, food or drinkotherwise stands,treating sandwicha manufacturingperson's establishments,nails. and all other establishments, other than churches, church-related and private schools, and other nonprofit or charitable organizations, where food or drink is regularly prepared, handled and served for pay;

and (ii) ToApplying requireartificial thatnails. a permit be obtained from the Department of Health before those persons begin operation.

If(iii) anyMassaging suchor personcleaning fails to obtain the permit required in this subparagraph (ii), the State Board of Health, after due notice and opportunity for a hearing,person's mayhands, imposearms, alegs monetaryor penaltyfeet. not to exceed One Thousand Dollars ($1,000.00) for each violation.

S.( * * *i) "Manicurist" means a person who for compensation, either direct or indirect, engages in the practice of manicuring and pedicuring.

( * * *j) "Master" means a person holding a cosmetology, manicuring, barbering and esthetics license who has completed the minimum course of continuing education prescribed by Section 73-7-14.

( * * *k) "Salon" or "barber business" means an establishment operated for the purpose of engaging in the practice S.

2160 *SS26/R539**SS26/R539PS* ~ OFFICIAL ~ 23/SS26/R53923/SS26/R539PS PAGE 8(scm\tb)8 However,of thecosmetology, departmentbarbering, isor notmanicuring authorizedand topedicuring, imposeesthetics, a* monetary* penalty* againstor anyall personof whosethose. gross annual prepared food sales are less than Five Thousand Dollars ($5,000.00).

Money( collected* by* the*l) board"School" undermeans thisan subparagraphestablishment, (ii)public shallor beprivate, depositedoperated tofor the creditpurpose of theteaching Statecosmetology, Generalbarbering, Fundor ofmanicuring theand Statepedicuring, Treasury.or esthetics, * * * or all of those.

(g)SECTION To4. promulgate rules and regulations and exercise control over the production and sale of milk pursuant to the provisions of Sections 75-31-41 through 75-31-49.

(h)Section On73-7-3, presentationMississippi ofCode proper authority, to enter into and inspect any public place or building where the State Health Officer or his representative deems it necessary and proper to enter for the discovery and suppression of disease1972, andis foramended theas enforcementfollows: of any health or sanitary laws and regulations in the state.

(i)73-7-3. To conduct investigations, inquiries and hearings, and to issue subpoenas for the attendance of witnesses and the production of books and records at any hearing when authorized and required by statute to be conducted by the State Health Officer or the State Board of Health.

(j)(1) ToThe promulgateboard rulesshall andbe regulations,authorized to employ such clerical and tostenographic collectassistance, databookkeepers, investigators and information,other onagents (i)as they may deem necessary to carry out the deliveryprovisions of servicesthis throughchapter, theand practiceto fix their tenure of telemedicine;employment and compensation therefor.

andThe (ii)members of the useboard shall file a bond with the Secretary of electronicState recordsin the sum of not less than Five Thousand Dollars ($5,000.00) payable to the State of Mississippi for the deliveryfaithful performance of telemedicinetheir services.duties.

(k)The Tobond enforceshall andbe regulatemade domesticby anda importedsurety fishcompany as authorized underto Sectiondo 69-7-601business etin seq.this state, the premium of the bond to be paid out of any money in the board's special fund in the State Treasury.

S.(2) The office of the board shall be located in the greater metropolitan area of the City of Jackson, Mississippi, and in the event office space cannot be obtained in any state-owned building, the board is authorized to rent suitable office space and to pay therefor out of funds in the board's special fund.

The board shall employ inspectors as needed, not to exceed * * * twelve S.

2160 *SS26/R539**SS26/R539PS* ~ OFFICIAL ~ 23/SS26/R53923/SS26/R539PS PAGE 9(scm\tb)9 (5)(12), (a)who The State Board of Health shall havebe thefull-time authority,employees inand itswhose discretion,salaries toand establishduties programsshall to promote the public health, to be administeredfixed by the Stateboard. Department of Health.

Specifically,(3) thoseThe programssalaries mayof include,all butpaid shallemployees notof the board shall be limitedpaid to,out programsof the funds in the followingboard's areas:special fund.

(i)The Maternalinspectors andshall, childin health;addition to their salaries, be reimbursed for such expenses as are allowed other state employees under the provisions of Section 25-3-41.

(ii)In Familyaddition planning;to the paying of office rent, the board is authorized to purchase necessary office furniture and equipment, stationery, books, certificates and any other equipment necessary for the proper administration of this chapter.

(iii)SECTION Pediatric5. services;

(iv)Section Services73-7-7, toMississippi crippledCode andof disabled1972, children;is amended as follows:

(v)73-7-7. Control of communicable and noncommunicable disease;

(vi)(1) ChronicThe disease;board shall have authority to make reasonable rules and regulations for the administration of the provisions of this chapter.

(vii)The Accidentalboard deathsshall set up a curriculum for operation of schools of cosmetology, barbering and injuries;the other professions it is charged to regulate in this state.

(viii)The Childboard careshall licensure;receive and consider for adoption recommendations for rules and regulations, school curriculum, and related matters from the Mississippi Cosmetology and Barbering Council, whose membership shall consist of, in addition to the board members, five (5) elected delegates from the Mississippi Cosmetology and Barbering Association, five (5) elected delegates from the Mississippi Cosmetology and Barbering School Association, five (5) elected delegates from the Mississippi Independent Beauticians S.

(ix) Radiological health;

(x) Dental health;

(xi) Milk sanitation;

(xii) Occupational safety and health;

(xiii) Food, vector control and general sanitation;

(xiv) Protection of drinking water;

(xv) Sanitation in food handling establishments open to the public;

(xvi) Registration of births and deaths and other vital events;

S.

2160 *SS26/R539**SS26/R539PS* ~ OFFICIAL ~ 23/SS26/R53923/SS26/R539PS PAGE 10(scm\tb)10 (xvii)Association, Such public health programs and servicesfive as(5) mayelected bedelegates assignedfrom to the StateSchool BoardOwners ofand HealthTeachers byAssociation. the Legislature or by executive order;

andThe (xviii)board Regulationmay revoke the license of domesticany cosmetologist, barber, esthetician, manicurist, instructor, school of cosmetology or barbering, or salon and/or barber business, or may refuse to issue a license to any cosmetologist, barber, esthetician, manicurist, instructor, school of cosmetology or barbering, or salon and/or barber business that fails or refuses to comply with the provisions of this chapter and importedthe fishrules forand humanregulations consumption.of the board in carrying out the provisions of this chapter.

(b)(2) The Stateboard Board of Health and State Department of Health shall nothave beauthority authorized to sell,prescribe transfer,reasonable alienaterules orand otherwiseregulations disposegoverning sanitation of anyschools of thecosmetology homeand healthbarbering agencies owned and operatedbeauty bysalons theand departmentbarber onbusinesses Januaryfor 1,the 1995,guidance andof shallpersons notlicensed beunder authorizedthis tochapter sell,in transfer,the assign,operation alienateof orschools otherwise dispose of thecosmetology licenseand ofbarbering, anyor ofa thosebeauty homesalon healthand/or agencies,barber exceptbusiness, uponand in the specificpractice authorization of thecosmetology, Legislaturebarbering, byesthetics, anmanicuring amendmentand topedicuring this* section.* *.

However, this paragraph (b) shall not prevent the board or the department from closing or terminating the operation of any homeand healthall agencyrules owned and operatedregulations byrelating theto department,sanitation orshall, closingbefore oradoption terminatingby any office, branch office or clinic of any such home health agency, or otherwise discontinuing the providingboard, ofhave home health services through any such home health agency, office, branch office or clinic, if the boardwritten firstapproval demonstrates that there are other providers of home health services in the areaState beingBoard served by the department's home health agency, office, branch office or clinic that will be able to provide adequate home health services to the residents of theHealth. area if the department's home health agency, office, branch office or clinic is closed or otherwise discontinues the providing of home S.

When the board has reason to believe that any of the provisions of this chapter or of the rules and regulations of the board have been violated, either upon receipt of a written complaint alleging such violations or upon the board's own initiative, the board, or any of its authorized agents, shall investigate same and shall have authority to enter S.

2160 *SS26/R539**SS26/R539PS* ~ OFFICIAL ~ 23/SS26/R53923/SS26/R539PS PAGE 11(scm\tb)11 healthupon services.the premises of a school of cosmetology or barbering or salon and/or barber business at any time during the regular business hours of that school or salon and/or barber business to conduct the investigation.

ThisSuch demonstrationinvestigation bymay theinclude, boardbut thatnot therebe arelimited otherto, providersconducting oforal adequateinterviews homewith healththe servicescomplaining inparty, theschool areaor shallsalon beand/or spreadbarber atbusiness lengthowner(s) uponand/or thestudents minutes of the boardschool, atand areviewing regularrecords or special meeting of the boardschool ator leastsalon thirtyand/or (30)barber daysbusiness beforepertinent ato homethe healthcomplaint agency,and office,related branchto officean orarea clinicsubject is proposed to be closed or otherwise discontinue the providingauthority of homethe healthboard. services.

(c)Such Theinvestigation Stateshall Departmentnot ofinclude Healthwritten mayinterviews undertakeor suchsurveys technical programs and activities as may be required for the support and operation of thoseschool programs,employees includingor maintainingstudents, physical, chemical, bacteriological and radiological laboratories, and may make such diagnostic tests for diseases and tests for the evaluationprivacy of healthpatrons hazardsshall as may be deemedrespected necessaryby forany theperson protectionmaking ofsuch theinvestigation. people of the state.

(6)(3) (a)On Theor Statebefore BoardJuly of1, Health2001, the board shall administeradopt theregulations localto governmentsensure that all fingernail service products used by licensed cosmetologists, manicurists and ruralother waterlicensees systemsdo improvementsnot loancontain programmethyl inmethacrylate accordance(MMA) withas thea provisionsmonomer ofagent Sectionfor 41-3-16.cosmetic nail applications.

(b)(4) TheIf Statethe Boardboard finds that a violation of Healththe shallprovisions haveof authority:this chapter or the rules and regulations of the board has occurred, it may cause a hearing to be held as set forth in Section 73-7-27.

(i)SECTION To6. enter into capitalization grant agreements with the United States Environmental Protection Agency, or any successor agency thereto;

(ii)Section To73-7-9, acceptMississippi capitalizationCode grantof awards1972, madeis underamended the federal Safe Drinking Water Act, as amended;follows:

S.73-7-9.

No person required by this chapter to have a license shall conduct a beauty salon, barber business or school of S.

2160 *SS26/R539**SS26/R539PS* ~ OFFICIAL ~ 23/SS26/R53923/SS26/R539PS PAGE 12(scm\tb)12 (iii)cosmetology Toor providebarbering, annualor reportspractice cosmetology, barbering, esthetics, manicuring and auditspedicuring, toor thepractice Unitedas Statesan Environmentalinstructor, Protectionunless Agency,such asperson mayhas bereceived requireda bylicense federalor capitalizationtemporary grantpermit agreements;therefor from the board.

and* (iv)* To* establishAnyone anddetermined collect fees to defrayhave theviolated reasonableany costs of administeringthese therules revolving fund or emergencyregulations fundprior ifto thebeing Statelicensed Boardby ofthe Healthboard determinesshall thatbe thosesubject coststo will exceed the limitationssame establisheddiscipline inby the federalboard Safe Drinking Water Act, as amended.licensees.

TheThey administration fees may be includeddisciplined inand loanfined amountsaccordingly. to loan recipients for the purpose of facilitating payment to the board;

however,SECTION those7. fees may not exceed five percent (5%) of the loan amount.

(7)Section Notwithstanding73-7-11, anyMississippi otherCode provision to the contrary, the State Department of Health1972, shallis haveamended theas followingfollows: specific powers:

The73-7-11. department shall issue a license to Alexander Milne Home for Women, Inc., a 501(c)(3) nonprofit corporation, for the construction, conversion, expansion and operation of not more than forty-five (45) beds for developmentally disabled adults who have been displaced from New Orleans, Louisiana, with the beds to be located in a certified ICF-MR facility in the City of Laurel, Mississippi.

ThereEach shallowner beof noa prohibitionlicense orissued restrictionsby onthe participationboard inunder the Medicaidprovisions programof forthis thechapter personshall receivingdisplay the license underin thisa subsectionconspicuous (7).place in his or her principal office, place of business or employment, at all times.

TheEach practitioner and instructor license describedshall incontain thisa subsectionhead shallphotograph expireof fivethe (5)license yearsholder, fromthe person's name, and the datetype of itslicense issue.held by the person.

The licenserequirements authorizedof by this subsectionsection shall beapply issuedat upon the initialtime paymentof byissuance of a new license or at the licenseetime of anrenewal applicationof feean ofexisting S.license.

A barber pole can only be displayed if the business carries a barber business license or is dual licensed as a cosmetology and barber business.

SECTION 8.

Section 73-7-12, Mississippi Code of 1972, is amended as follows:

73-7-12.

Effective January 1, * * * 2024, the State Board of Cosmetology and Barbering shall terminate its student testing S.

2160 *SS26/R539**SS26/R539PS* ~ OFFICIAL ~ 23/SS26/R53923/SS26/R539PS PAGE 13(scm\tb)13 Sixty-sevencontract Thousandwith Dollarsproper ($67,000.00)notice and ashall monthlyconduct feeexaminations offor Sixty-sevencosmetologists, Thousandbarbers, Dollarsestheticians, ($67,000.00)manicurists afterand theinstructors issuanceat ofsuch thetimes license,and tolocations be paid as longdetermined asby the licenseeboard. continues to operate.

The initialmembers andof monthlythe licensingboard fees shall benot depositedpersonally byadminister theor Statemonitor Departmentthe ofexaminations, Healthbut into the specialboard fundshall createdcontract underfor Sectionadministrators 41-7-188.of the examinations.

(8)A Notwithstandingmember of the board shall not receive any otherper provisiondiem tocompensation thefor contrary,any day that the Statemember Departmentis ofpresent Healthat shallthe havesite where the followingexaminations specificare powers:being administered.

TheSECTION State9. Department of Health is authorized to issue a license to an existing home health agency for the transfer of a county from that agency to another existing home health agency, and to charge a fee for reviewing and making a determination on the application for such transfer not to exceed one-half (1/2) of the authorized fee assessed for the original application for the home health agency, with the revenue to be deposited by the State Department of Health into the special fund created under Section 41-7-188.

(9)Section Notwithstanding73-7-13, anyMississippi otherCode provision to the contrary, the State Department of Health1972, shallis haveamended theas followingfollows: specific powers:

For73-7-13. the period beginning July 1, 2010, through July 1, 2017, the State Department of Health is authorized and empowered to assess a fee in addition to the fee prescribed in Section 41-7-188 for reviewing applications for certificates of need in an amount not to exceed twenty-five one-hundredths of one percent (.25 of 1%) of the amount of a proposed capital expenditure, but S.

(1) The * * * State Board of Cosmetology and Barbering shall admit to examination for a cosmetology license any person who has made application to the * * * State Board of Cosmetology and Barbering in proper form, has paid the required fee, and who (a) is at least * * * sixteen (16) years of age, (b) * * * has successfully completed no less than fifteen hundred (1500) hours over a period of no less than nine (9) months in a licensed school of cosmetology or in an apprenticeship program for three thousand (3,000) hours certified by the State Board of Cosmetology and Barbering, and ( * * *c) has a high school tenth-grade education or its equivalent or has been successfully enrolled in a community college.

Apprenticeships provided for in this subsection may be monitored or mentored by a licensed cosmetology instructor.

Only one (1) apprentice may be mentored by any person at the same time.

S.

2160 *SS26/R539**SS26/R539PS* ~ OFFICIAL ~ 23/SS26/R53923/SS26/R539PS PAGE 14(scm\tb)14 shall( be* not* less*2) thanThe Two* Hundred* Fifty* DollarsState ($250.00)Board regardless of theCosmetology amountand ofBarbering may, in its discretion, issue to any student who has completed the proposedprescribed capitalhours expenditure,in a licensed school and paid the maximumrequired additional fee permitteda temporary permit until such time as the next examination may be held, but such student shall notbe exceedissued Fiftyonly Thousandone Dollars(1) ($50,000.00).temporary permit.

ProvidedApplication that the total assessments of fees for certificatean ofexamination need applications under Section 41-7-188 and thislicense section shall notbe exceedaccompanied theby actualtwo cost(2) ofpassport operatingphotographs the certificate of needthe program.applicant.

(10)No Notwithstandingtemporary permit will be issued to an applicant from any other provisionstate to theoperate contrary,a thebeauty Statesalon Departmentor school of Healthcosmetology shallin havethis thestate followingunless specificin powers:case of emergency.

The( State* Department* of*3) HealthApplicants isfor authorizedthe tocosmetologist extendexamination, andafter renewhaving anysatisfactorily certificatepassed ofthe needprescribed thatexamination, hasshall expired,be andissued to charge a feecosmetology forlicense reviewingwhich anduntil makingJune a30, determination2001, onshall thebe applicationvalid for suchone action(1) notyear, toand exceedafter one-halfJuly (1/2)1, of2001, theshall authorizedbe feevalid assessed for thetwo original(2) applicationyears, forand theall certificatethose oflicenses need,shall withbe thesubject revenue to berenewal. deposited by the State Department of Health into the special fund created under Section 41-7-188.

(11)( Notwithstanding* any* other*4) provisionAny tobarber thewho contrary,* the* State* Departmenthas successfully completed no less than fifteen hundred (1500) hours in a licensed barber school, and who holds a current valid certificate of Healthregistration shallto havepractice barbering and who holds a current valid license, is eligible to take the followingcosmetology specificexamination powers:to secure a cosmetology license upon successfully completing * * * six hundred (600) hours in a licensed school of cosmetology.

TheAll Statefees Departmentfor ofapplication, Healthexamination, isregistration authorized and empowered,renewal tothereof revoke,shall immediately,be the licensesame andas requireprovided closure of any institution for thecosmetologists. aged or infirm, including any other remedy less than closure to protect the health and safety of the residents of said institution or the health and safety of the general public.

2160 *SS26/R539**SS26/R539PS* ~ OFFICIAL ~ 23/SS26/R53923/SS26/R539PS PAGE 15(scm\tb)15 (12)( Notwithstanding* any* other*5) provisionEach toapplication theor contrary,filing made under this section shall include the Statesocial Departmentsecurity number(s) of Healththe shallapplicant havein theaccordance followingwith specificSection powers:93-11-64.

The( State* Department* of*6) HealthAny islicensed authorizedcosmetologist, andbarbers, empowered,esthetician, toor requiremanicurist thewho temporaryis detainmentregistered ofbut individualsnot foractively diseasepracticing controlin purposesthe basedState uponof violationMississippi ofat anythe ordertime of themaking Stateapplication Healthfor Officer,renewal, asmay providedapply infor Sectionregistration 41-23-5.on the "inactive" list.

ForSuch "inactive" list shall be maintained by the purpose* of* enforcing* suchState ordersBoard of Cosmetology and Barbering and shall set out the Statenames Healthand Officer,post office addresses of all persons employedregistered but not actively practicing in this state, arranged alphabetically by name and also by the departmentmunicipalities asand investigatorsstates shallof havetheir generallast-known arrestprofessional powers.or residential address.

AllOnly lawthe enforcementcosmetologists, officersbarbers, areestheticians authorized and directedmanicurists toregistered assiston the appropriate list as actively practicing in the enforcementState of suchMississippi ordersshall ofbe theauthorized Stateto Healthpractice Officer.those professions.

SECTIONFor 4.the purpose of this section, any licensed cosmetologist, barber, esthetician or manicurist who has actively practiced his or her profession for at least three (3) months of the immediately preceding license renewal period shall be considered inactive practice.

SectionNo 73-5-1,cosmetologist, Mississippibarber, Codeesthetician, or manicurist shall be registered on the "inactive" list until the person has furnished a statement of 1972,intent isto amendedtake assuch follows:action to the board.

73-5-1.Any licensed cosmetologist, barber, esthetician, or manicurist * * * registered on the "inactive" list shall not be eligible for S.

* * * (1) There is hereby created the Barber Board Advisory Council.

The * * * Barber Board Advisory Council shall consist of * * * four (4) members, to be appointed by the Governor, with the advice and consent of the Senate * * *.

Each member shall be a practical barber and a qualified elector of this state.

He shall have been engaged in the practice of barbering in the State of Mississippi for at least five (5) years immediately before the time of his appointment and shall be a person of good moral character.

* * * There shall be appointed one (1) member of the * * * advisory council from each of the four (4) Mississippi congressional districts as they currently exist * * *.

* * * S.

2160 *SS26/R539**SS26/R539PS* ~ OFFICIAL ~ 23/SS26/R53923/SS26/R539PS PAGE 16(scm\tb)16 (2)registration Inon addition to the practicalactive barberlist membersuntil providedeither for in this section, there shall be one (1) consumer member of the Barberfollowing Advisoryconditions Councilhave whobeen shallsatisfied: be appointed from the state at large with the advice and consent of the Senate.

The(a) consumerWritten memberapplication shall havebe nosubmitted interestto inthe anyState barberBoard schoolof Cosmetology and shallBarbering havestating nothe involvementreasons infor such inactivity and setting forth such other information as the professionboard may require on an individual basis and completion of barbering.the number of clock hours of continuing education as approved by the board;

(3)or The(b) BarberEvidence Advisoryto Councilthe shallsatisfaction meetof quarterly upon the callboard ofshall thebe Statesubmitted Healththat Officerthey tohave adviseactively thepracticed Statetheir Departmentprofession ofin Healthgood onstanding mattersin pertinentanother tostate theand admissionhave tonot thebeen practiceguilty of barbersconduct andthat thewould regulationwarrant ofsuspension barbersor andrevocation barberingas schools.provided by applicable law;

Theand council(c) shallPayment haveof nothe powerfee tofor regulateprocessing thesuch admissioninactive tolicense practiceshall orbe thepaid practicebiennially ofin barberingaccordance orto the* operation* * State Board of barberingCosmetology schools.and Barbering rules.

(4)SECTION Any10. reference in this chapter to the State Board of Barber Examiners shall mean the State Department of Health.

SECTIONSection 5.73-7-14, Mississippi Code of 1972, is amended as follows:

Section73-7-14. 73-5-8, Mississippi Code of 1972, is amended as follows:

73-5-8.(1) Any person who holds a current, valid cosmetology, barber, manicuring or esthetics license may be licensed as a master cosmetologist, barber, manicurist or esthetician if he or she has been a licensed cosmetologist, barber, manicurist or esthetician in this state for a period of not less than twelve (12) months, and has completed a minimum course of sixteen (16) hours' study in continuing education approved by the board within the licensing period preceding S.

Any person is qualified to receive a certificate of registration as a barber instructor who:

(a) Is * * * sixteen (16) years of age or older;

(b) Is of good moral and temperate habits;

* * * ( * * *c) Possesses a high school tenth grade education or its equivalent;

S.

2160 *SS26/R539**SS26/R539PS* ~ OFFICIAL ~ 23/SS26/R53923/SS26/R539PS PAGE 17(scm\tb)17 (initial *application *for *d) Has successfully completed not less than fifteen hundred (1500) hours at a barbering school approved by the Statelicense, Board of Barber Examiners and holdshas apaid validthe certificateoriginal oflicense registrationfee. to practice barbering;

(Master *cosmetologist, *barber, *e)manicurist Hasor (i)esthetician notlicenses lessshall thanbe tworenewable (2)upon yearscompletion of active experience as a registeredminimum barbercourse and has successfully completed not less than six hundred (600) hours of barbereight instructor(8) traininghours' atstudy ain schoolcontinuing education approved by the board,board orwithin (ii) less than two (2) years of active experience as a registeredlicensing barberperiod and haspayment successfully completed not less than one thousand (1,000) hours of barberthe instructorrequired trainingrenewal atfee. a school approved by the board;

andThis (is *an *optional *f)license Hasand passedpersons awho satisfactorydo examinationnot conductedwish byto complete the boardcontinuing toeducation determinerequirement hismay fitnessobtain toa practicecosmetology aslicense awhen barberrenewing instructor.their license.

All(2) personsEach whoapplication haveor receivedfiling amade certificateunder ofthis registrationsection asshall ainclude barber instructor from the boardsocial beforesecurity Julynumber(s) 1,of 2002, shall be considered to have met the requirementsapplicant ofin thisaccordance section,with andSection all93-11-64, thoseMississippi certificatesCode of registration1972. shall be renewable as otherwise provided in this chapter.

TheSECTION board11. will implement an active and inactive instructor license.

InSection order73-7-15, toMississippi renewCode an active license, instructors holding an active license shall be required to submit proof of twelve1972, (12)is hoursamended ofas continuingfollows: education each year to the Board of Barber Examiners.

That73-7-15. education shall be acquired in classes or trade shows teaching materials that are approved by the board.

(1) The board shall admit to examination for a cosmetology instructor's license any person who has made application to the board in proper form, has paid the required fee, and who:

(a) Is not less than twenty-one (21) years of age;

* * * ( * * *b) Is a graduate of a licensed cosmetology school;

( * * *c) Has a high school education or its equivalent;

2160 *SS26/R539**SS26/R539PS* ~ OFFICIAL ~ 23/SS26/R53923/SS26/R539PS PAGE 18(scm\tb)18 Instructors( holding* an* inactive*d) licenseHas shallsuccessfully becompleted requiredone tothousand submit(1,000) proofhours of twelveinstructor (12)training hoursin continuinga educationlicensed beforeschool upgradingof tocosmetology; an active status.

SECTION( 6.* * *e) Has successfully completed six (6) semester hours in college courses approved by the board;

Section( 73-5-11,* Mississippi* Code*f) ofHolds 1972,a iscurrent, amendedvalid asMississippi follows:cosmetology license;

73-5-11.and ( * * *g) Has at least one (1) year active practical experience as a cosmetologist or, as an alternative to such experience, has successfully completed one thousand (1,000) hours of instructor training in a licensed school of cosmetology.

(1)(2) ToThe beboard eligibleshall foradmit enrollmentto atexamination afor barberingan schoolesthetics approvedinstructor's bylicense theany * * * State Department of Health, a person shallwho *has *made *application beto atthe leastboard sixteenin (16)proper yearsform, ofhas age,paid have a minimum education of tenth grade or its equivalent, and/or shall have satisfactorily passed the Ability-to-Benefitrequired *fee, *and *who: Test (ATB) approved by the U.S.

Department(a) Is not less than twenty-one (21) years of Education.age;

(2)* Any* person* is( qualified* to* receive*b) Has a certificatehigh ofschool registrationeducation toor practiceits barbering:equivalent;

(a)( Who* is* qualified*c) underHas successfully completed one thousand (1,000) hours of instructor training in a licensed school in which the provisionspractice of thisesthetics chapter;is taught;

(b)( Who* is* of*d) goodHas moralsuccessfully charactercompleted andsix temperate(6) habits;semester hours in college courses approved by the board;

(c)( Who has completed not less than fifteen hundred (1500) hours at a barbering school approved by the * * **e) StateHolds Departmenta ofcurrent, Healthvalid orMississippi threeesthetician's thousandlicense; (3,000) hours of State Department of Health-approved apprenticeship training.

Apprenticeships shall only be monitored and mentored by those with an instructor license and there shall be only one (1) apprentice per mentor;

2160 *SS26/R539**SS26/R539PS* ~ OFFICIAL ~ 23/SS26/R53923/SS26/R539PS PAGE 19(scm\tb)19 (d)( Who* has* passed*f) aHas satisfactoryhad examinationone conducted(1) byyear theof boardactive ofpractical examinersexperience toas determinean hisesthetician fitnessor, as an alternative to such experience, has successfully completed one thousand (1,000) hours of instructor training in a licensed school in which the practice barbering.of esthetics is taught.

(3) AThe temporaryboard permitshall admit to practice barbering until the next examination isfor givena maymanicurist beinstructor's issuedlicense toany aperson student who has completedmade notapplication lessto thanthe fifteenboard hundredin (1500)proper hoursform, athas apaid barbering school approved by the *required *fee, *and Statewho: Department of Health or three thousand (3,000) hours of State Department of Health-approved apprenticeship training.

In(a) noIs eventnot shallless athan persontwenty-one be(21) allowedyears to practice barbering on a temporary permit beyond the date the next examination is given, except because of personalage; illness.

(4)* The* ability* to( read,* write* and*b) speakHas English shall not be a requirementhigh forschool licensureeducation asor aits registeredequivalent; barber.

SECTION( 7.* * *c) Has successfully completed one thousand (1,000) hours of instructor training in a licensed school in which the practice of manicuring is taught;

Section( 73-5-12,* Mississippi* Code*d) ofHas 1972,successfully iscompleted amendedsix as(6) follows:semester hours in college courses approved by the board;

73-5-12.( * * *e) Holds a current, valid Mississippi manicurist's license;

Anyand cosmetologist( who * * **f) hasHas successfullyhad completedone not(1) lessyear than fifteen hundred (1500) hours in an accredited school of cosmetology,active andpractical holdsexperience as a valid,manicurist currentor, license,as shallan bealternative eligible to takesuch theexperience, barberhas examinationsuccessfully tocompleted secureone athousand certificate(1,000) hours of registrationinstructor astraining a barber upon successfully completing six hundred (600) hours in a barberlicensed school approvedin bywhich the Boardpractice of Barbermanicuring Examiners.is taught.

All fees for application, examination, registration and renewal thereof shall be the same as provided for in this chapter.

2160 *SS26/R539**SS26/R539PS* ~ OFFICIAL ~ 23/SS26/R53923/SS26/R539PS PAGE 20(scm\tb)20 SECTION(4) 8.Applicants shall satisfactorily pass the examination prescribed by the board for licensing instructors prior to the issuance of the licenses provided for in this section.

SectionHowever, 73-5-17,the Mississippiboard Codemay, ofin 1972,its isdiscretion, amendedissue a temporary instructor's permit until such time as follows:the next examination may be held, but such applicant shall be issued only one (1) temporary permit.

73-5-17.All applications for an instructor's examination shall be accompanied by two (2) recent head photographs of the applicant.

The(5) *All *instructors *licensed Statepursuant Departmentto ofthis Healthsection shall contractbiennially forobtain administratorstwenty-four (24) clock hours of continuing education in teacher training instruction in cosmetology or esthetics or manicuring, as the examinationscase requiredmay be, as approved by thisthe section.board.

TheAny selectedinstructor contractor(s)who shallfails conductto examinationsobtain ofthe applicantscontinuing foreducation certificatesrequired ofby registrationthis tosubsection practiceshall as registered barbers not lessbe thanallowed threeto (3)instruct timesnor aenroll year,students whichunder examinationhis shall be had in some town or cityher selectedlicense byuntil thesuch *education *requirement *has department.been met.

ExaminationsThe ofboard applicantsmay forissue certificatesan ofinactive registrationinstructor's aslicense barberto instructorssuch shallinstructors, and an inactive license may be conductedconverted atinto aan timeactive andlicense placeafter selectedproof bysatisfactory to the *board *of *completion Stateof Departmentat least twenty-four (24) clock hours of Health.approved continuing education required for teacher training instruction.

The(6) examinationEach ofapplication applicantsor forfiling certificatesmade ofunder registrationthis assection registered barbers shall include both a practical demonstration and a written and oral test, and shall embrace the subjectssocial usuallysecurity practicednumber(s) in a duly licensed shop of Mississippi under the directapplicant andin personalaccordance supervisionwith ofSection a93-11-64. registered barber.

TheS. examination of applicants for certificates of registration as barber instructors shall include such subjects as the board deems necessary to determine the applicant's fitness to practice as a barber instructor.

SECTION 9.

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

73-7-1.

(1) There is hereby * * * created a Cosmetology Advisory Council, composed of five (5) members to be appointed by the Governor, with the advice and consent of the Senate, and whose S.

2160 *SS26/R539**SS26/R539PS* ~ OFFICIAL ~ 23/SS26/R53923/SS26/R539PS PAGE 21(scm\tb)21 termSECTION of12. office shall be four (4) years from the date of appointment * * *.

*Section *73-7-16, *Mississippi MembershipCode of the1972, advisory council shall consist of two (2) cosmetologists, one (1) of whom being a salon owner, one (1) manicurist, one (1) esthetician, one (1) member of the public who is notamended aas cosmetologist,follows: barber or related profession, and shall have no interest in any activity related to cosmetology.

All73-7-16. licensed members of the advisory council shall be appointed from the Congressional districts as presently constituted.

The(1) consumer* member* * All schools of cosmetology or barbering or school owners shall behave appointeda fromschool license and shall pay to the stateboard at-large.the required license fee.

* * * (2) The Cosmetologyboard Advisoryis Councilhereby shallauthorized meetand quarterlyempowered upon the call of the State Health Officer to advisepromulgate thenecessary State Department of Health on matters pertinent to the regulation and admissionreasonable torules the practice of cosmetologists, manicurists or estheticians and theregulations regulationfor of cosmetology schools, but shall have no power to regulate the admissionsissuance to practice or the practice of theschool professionslicensees. set out herein or the operation of cosmetology schools.

(3)(2) * * * Any referenceschool inmaking application for a license under this chapteract toshall not be transferable for any cause and shall include a surety bond in the Statepenal Boardsum of CosmetologistFifty shallThousand meanDollars ($50,000.00) in favor of the Mississippi State DepartmentBoard of Health.Cosmetology and Barbering on a bond form completed by the insurance company or agency.

SECTIONThe 10.applicant may file in lieu of the bond, cash or a certificate of deposit or government bonds in the amount of Fifty Thousand Dollars ($50,000.00).

Section(3) 73-7-2,* Mississippi* Code* The school applicant shall maintain a professional liability insurance policy covering any aspect of 1972,the isfacility, amendedpersonnel asand/or follows:students.

(4) The school shall meet all applicable health and safety standards that may be required by local, state and federal agencies.

(5) Private business and vocational schools that have obtained national accreditation from an accrediting agency designated by the United States Department of Education must submit evidence of current accreditation.

2160 *SS26/R539**SS26/R539PS* ~ OFFICIAL ~ 23/SS26/R53923/SS26/R539PS PAGE 22(scm\tb)22 73-7-2.(6) The course content and length of instruction shall be of such nature and quality as to assure that the students will adequately develop the job skills and knowledge necessary for passing any and all examinations required for licensure.

As(7) usedSchools in this chapter, the following terms shall haveprovide thefavorable meaningsconditions ascribedfor hereineffective unlessclassroom theinstruction. context otherwise requires:

(a)A "Board"total meanspattern theof *successful *instruction *includes: State Department of Health.

(b)(a) "Cosmetology"Well-defined meansinstructional anyobjectives; one (1) or a combination of the following practices if they are performed on a person's head, face, neck, shoulder, arms, hands, legs or feet for cosmetic purposes:

(i)(b) Cutting,Systematic clippingplanning; or trimming hair and hair pieces.

(ii)(c) Styling,Selection arranging,and dressing,use curling,of waving,varied permanenttypes waving,of straightening,learning cleansing,materials bleaching, tinting, coloring or similarly treating hair and hairexperiences; pieces.

(iii)(d) Cleansing,Adaptation stimulating,of manipulating,organization beautifyingand orinstructional applyingprocedures oils,to antiseptics,student clays,needs; lotions or other preparations, either by hand or by mechanical or electrical apparatus.

(iv)(e) ArchingUse eyebrows, to include tweezing, waxing, threading or any other methods of epilation,varied orevaluation tintinginstruments eyebrows and eyelashes.procedures;

(v)and Removing(f) superfluousGood hairstudent byand theteacher usemorale. of depilation.

(vi)(8) ManicuringEach andboard-approved pedicuring.school of cosmetology, barbering, esthetics or manicuring must provide proof to the board of an annual pass rate that meets or exceeds the current minimum standard as established by the board.

For(9) regulationThe purposes,Board theof termCosmetology "cosmetology"and doesBarbering notwill includeevaluate personsschool whosecurriculum practicefor isconformance limitedwith toeducational onlyrequirements performingset S.forth by the Mississippi Cosmetology and Barbering Act.

B.

No.

2160 *SS26/R539* ~ OFFICIAL ~ 23/SS26/R539 PAGE 23(scm\tb) makeup artistry, threading or applying or removing eyelash extensions;

however, a person may perform a combination of not more than three (3) such practices and still be exempt from this chapter.

(c) "Cosmetologist" means a person who for compensation, whether direct or indirect, engages in the practice of cosmetology.

(d) "Esthetics" means any one (1) or a combination of the following practices:

(i) Massaging the face or neck of a person.

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

(iii) Tinting eyelashes or eyebrows.

(iv) Waxing, stimulating, cleaning or beautifying the face, neck, arms or legs of a person by any method with the aid of the hands or any mechanical or electrical apparatus, or by the use of a cosmetic preparation.

The term "esthetics" shall not include the diagnosis, treatment or therapy of any dermatological condition.

For regulation purposes, the term "esthetics" does not include persons whose practice is limited to only performing makeup artistry, threading or applying or removing eyelash extensions;

however, a person may perform a combination of not more than three (3) such practices and still be exempt from this chapter.

2160 *SS26/R539**SS26/R539PS* ~ OFFICIAL ~ 23/SS26/R53923/SS26/R539PS PAGE 24(scm\tb)23 (e)(10) "Esthetician"There meansshall anybe personno who,automatic forrenewal compensation,of eitherschool directlicenses orand indirect,each engageslicensee inshall be audited for conformity prior to the practiceissuance of esthetics.any a new license.

(f)(11) "Instructor"The meanslicensee ashall personnotify licensedthe toboard teachat cosmetology,least orthirty manicuring(30) anddays pedicuring,in oradvance esthetics,of orclosure alland ofprovide those,a pursuantteach-out toplan thisfor chapter,existing andstudents shallwhich includemust thosebe personsapproved engagedby in the instructionboard. of student instructors.

(g)(12) "ManicuringIn andthe pedicuring"event meansthat anya oneschool (1)closes or a combinationfacility, the licensee must notify the board within sixty (60) days prior to closing and provide proof of the followingreason practices:for the closure;

(i)proof Cutting,of trimming,method polishing,developed coloring,to tinting,assist cleansingstudents orwith otherwisethe treatingcompletion aof person'stheir nails.program of study and individual courses;

(ii)proof Applyingof artificialnotice nails.sent to all currently enrolled students, notifying them of the closure;

(iii)proof Massagingof ornotice cleaninggiven ato person'sstudents hands,indicating arms,where legsthey ormay feet.obtain any of their records;

(h)proof "Manicurist"of meansdisposition aof personstudent whorecords, forwith compensation,a eithercontact directperson, orcomplete indirect,address engagesand intelephone thenumber practiceand ofhow manicuringstudents' andinformation pedicuring.may be obtained;

(i)proof "Master"of meansnotice asent personto holdingall astudents cosmetology,who manicuringhave andpaid estheticsfor licenseany whotuition hasand/or completedfees thefor minimumfuture courseenrollment in a program of continuingstudy educationor prescribedindividual bycourse Sectioninforming 73-7-14.them of the closure, and refund information;

(j)proof "Salon"of meanscertified antranscripts establishment operated for theeach purposecurrently ofenrolled engagingstudent inwho thehas practicepaid offor cosmetology,and orcompleted manicuringcoursework andin pedicuring,lieu orof esthetics,receiving ora wigology,full or allpartial ofrefund. those.

In the event a school files a bankruptcy petition, a certified copy must be filed with the Board of Cosmetology and Barbering.

(13) School licenses may be issued, as follows:

2160 *SS26/R539**SS26/R539PS* ~ OFFICIAL ~ 23/SS26/R53923/SS26/R539PS PAGE 25(scm\tb)24 (k)(a) "School"Temporary meanslicenses anmay establishment,be publicissued or private, operated for thea purposeone-year ofperiod. teaching cosmetology, or manicuring and pedicuring, or esthetics, or wigology, or all of those.

SECTIONThese 11.licenses may be issued to new schools with less than two (2) graduating classes.

SectionSchools 73-7-13,shall Mississippisubmit Codeannual reports by July 16 of 1972,each isyear amendedunless asotherwise follows:specified.

73-7-13.Prospective students prior to enrolling and enrolled students shall be notified in writing of the school's temporary status.

(1)(b) TheProbationary *licenses * * State Department of Health shall admitindicate towarning examinationstatus for a cosmetology license any person who has made application to the * * * State Department of Health in proper form, has paid the required fee, and whomay (a)be isissued at least * * * sixteen (16) years of age, (b) * * * has successfully completed no less than fifteen hundred (1500) hours over a period of no less than nine (9) months in a licensed school of cosmetology or in an apprenticeship program for three thousand (3,000) hours certified by the State Department of Health, and ( * * *c) has a highone-year schoolperiod. tenth grade education or its equivalent or has been successfully enrolled in a community college.

ApprenticeshipsThese providedlicenses formay inbe thisissued subsectionto maynew beschools monitoredwith orless mentoredthan bytwo a(2) mastergraduating cosmetologistclasses orand awith licensedany cosmetologysignificant instructor.violation(s) in the most recent year.

OnlySuch oneschools (1)shall apprenticesubmit mayannual bereports mentored by anyJuly person16 atof theeach sameyear time.unless otherwise specified.

(Such *schools *shall *2)notify Theboth *prospective *students *prior State Department of Health may, in its discretion, issue to anytheir studentenrolling whoand hasenrolled completedstudents the prescribed hours in awriting licensedof school and paid the requiredschool's feeprobationary astatus. temporary permit until such time as the next examination may be held, but such student shall be issued only one (1) temporary permit.

Application(c) forConditional anlicenses examinationmay andbe licenseissued shallto beschools accompaniedfor bya S.one-year period.

Conditional license status for schools that previously held a nonconditional license shall not exceed two (2) years.

Such schools shall submit annual reports by July 16 of each year unless otherwise specified.

Such schools shall notify both prospective students prior to their enrolling and enrolled students in writing of the school's conditional status.

These licenses may be issued to schools with two (2) or more graduating classes and with any of the following:

(i) Any significant violation(s) in the most recent year;

and S.

2160 *SS26/R539**SS26/R539PS* ~ OFFICIAL ~ 23/SS26/R53923/SS26/R539PS PAGE 26(scm\tb)25 two(ii) (2)Either passportthe photographsschool's ofannual pass rate or the applicant.school's comprehensive pass rate does not meet or exceed the board's current minimum standard.

No(d) temporaryNonconditional permitlicenses willmay be issued tofor an applicant from any other state to operate a beautytwo-year salonperiod. or school of cosmetology in this state unless in case of emergency.

(Such *schools * *3) Applicants for the cosmetologist examination, after having satisfactorily passed the prescribed examination, shall besubmit issuedannual areports cosmetologyby license which until June 30, 2001, shall be valid for one (1) year, and after July 1,16 2001,of shalleach beyear validunless forotherwise twospecified. (2) years, and all those licenses shall be subject to renewal.

(These *licenses *may *4)be Anyissued barberto whoschools *with *two *(2) hasor successfullymore completedgraduating noclasses less than fifteen hundred (1500) hours in a licensed barber school, and whowith holdsall a current valid certificate of registration to practice barbering and who holds a current valid license, is eligible to take the cosmetologyfollowing: examination to secure a cosmetology license upon successfully completing five hundred (500) hours in a licensed school of cosmetology.

All(i) feesNo forsignificant application,violation(s) examination,in registration and renewal thereof shall be the samemost asrecent providedyear; for cosmetologists.

(and *(ii) *Either *5)an Eachannual applicationpass rate or filinga madecomprehensive underpass thisrate sectionthat shallmeets includeor theexceeds social security number(s) of the applicantboard's incurrent accordanceminimum withstandard. Section 93-11-64.

((14) *The *combined *6)temporary, Anyprobationary licensedand/or cosmetologist,conditional esthetician,license orstatus manicuristfor whoschools isshall registered but not activelyexceed practicinga infive-year-consecutive theperiod Statebefore ofmoving Mississippito ata thenonconditional timelicense ofstatus. making application for S.

(15) Cosmetology and barber school owners, instructors, and/or employees or contractors of the school shall adhere to the Mississippi Board of Cosmetology and Barbering statute and relative rules and regulations and shall regard students with the same care and consideration as clients.

(16) The Board of Cosmetology and Barbering will evaluate school curriculum for conformance with educational requirements set forth by the Mississippi Cosmetology and Barbering Act.

S.

2160 *SS26/R539**SS26/R539PS* ~ OFFICIAL ~ 23/SS26/R53923/SS26/R539PS PAGE 27(scm\tb)26 renewal,(17) mayThere applyshall forbe registrationno onautomatic therenewal "inactive"of list.school licenses and each licensee shall be audited for conformity.

SuchPrior "inactive"to list shall be maintained by the *issuance *of *any Statesuch Departmentlicense, ofthe Healthboard and shall setinspect out the namespremises andto postdetermine officeif addressessame ofqualifies allwith persons registered but not actively practicing in this state, arranged alphabetically by name and also by the municipalitieslaw. and states of their last-known professional or residential address.

Only(18) theEach cosmetologists,application estheticiansmade andunder manicuriststhis registeredsection onshall include the appropriatesocial listsecurity asnumber activelyof practicing in the Stateapplicant, ofowners Mississippior shallagents bein authorizedaccordance towith practiceSection those93-11-64. professions.

ForSECTION the13. purpose of this section, any licensed cosmetologist, esthetician or manicurist who has actively practiced his or her profession for at least three (3) months of the immediately preceding license renewal period shall be considered inactive practice.

NoSection cosmetologist,73-7-17, esthetician,Mississippi orCode manicurist shall be registered on the "inactive" list until the person has furnished a statement of intent1972, tois takeamended suchas actionfollows: to the board.

Any73-7-17. licensed cosmetologist, esthetician, manicurist or wigologist registered on the "inactive" list shall not be eligible for registration on the active list until either of the following conditions have been satisfied:

(a)(1) WrittenAll applicationsalon shalland/or bebarber submittedbusiness toowners theshall *have *a *salon Stateand/or Departmentbarber ofbusiness Healthlicense stating the reasons for such inactivity and settingshall forthpay suchto other information as the board maythe requirerequired onlicense anfee individualtherefor basis and completionpay of the numberrequired ofrenewal clockfee hoursfor ofrenewal continuingthereof. education as approved by the board;

orA S.grace period of sixty (60) days will be given in which to renew the license, and upon the expiration of the grace period of sixty (60) days any applicant for the renewal of a salon and/or barber business license will be required to pay a delinquent fee in addition to the renewal fee.

A salon and/or barber business license that has been expired for over one (1) year is nonrenewable and requires a new application.

Prior to the initial issuance of such license, the board shall inspect the premises to determine if same qualifies with the law, upon payment by the applicant of the required inspection fee.

(2) Each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section 93-11-64, Mississippi Code of 1972.

S.

2160 *SS26/R539**SS26/R539PS* ~ OFFICIAL ~ 23/SS26/R53923/SS26/R539PS PAGE 28(scm\tb)27 (b)SECTION Evidence14. to the satisfaction of the board shall be submitted that they have actively practiced their profession in good standing in another state and have not been guilty of conduct that would warrant suspension or revocation as provided by applicable law;

and (c) Payment of the fee for processing such inactive license shall be paid biennially in accordance to * * * State Department of Health rules.

SECTION 12.

(1) The * * * State DepartmentBoard of HealthCosmetology and Barbering shall admit to examination for an esthetician's license any person who has made application to the board in proper form, has paid the required fee, and who:

* * * ( * * *b) Has a high school tenth grade education or its equivalent;

and ( * * *c) Has successfully completed a course of training in esthetics of not less than six hundred (600) hours in an accredited school in which the practice of esthetics is taught, including not less than one hundred (100) hours of theory and five hundred (500) hours of skill practice or an apprenticeship program of twelve hundred (1200) hours certified by the DepartmentState Board of Health.Cosmetology and Barbering.

Apprenticeships provided for in this section may be S.monitored or mentored by a person with an instructor license in cosmetology or esthetics.

Only one (1) apprentice may be mentored by any person at the same time.

Licensed estheticians desiring to pursue additional hours to be eligible for a license as a cosmetologists may be credited with any hours acquired in studying and training to be an esthetician, which may be applied to the number of hours required for a cosmetology license examination.

S.

2160 *SS26/R539**SS26/R539PS* ~ OFFICIAL ~ 23/SS26/R53923/SS26/R539PS PAGE 29(scm\tb)28 monitored* or* mentored* by(2) aEvery person who has completed not less than three hundred fifty (350) hours of training in esthetics approved by the board in this or any other state prior to July 1, 1987, shall be registered with the board within a masterperiod ornot instructorexceeding six (6) months after July 1, 1987, and shall be granted an esthetician's license inby cosmetologythe board if such person presents satisfactory evidence to the board that he or esthetics.she has fulfilled all the requirements to be admitted to examination except the training hours requirement.

Only one (1) apprentice may be mentored by any person at the same time.

* * * Licensed estheticians desiring to pursue additional hours to be eligible for a license as a cosmetologists may be credited with any hours acquired in studying and training to be an esthetician, which may be applied to the number of hours required for a cosmetology license examination.

(2) Every person who has completed not less than three hundred fifty (350) hours of training in esthetics approved by the board in this or any other state prior to July 1, 1987, shall be registered with the board within a period not exceeding six (6) months after July 1, 1987, and shall be granted an esthetician's license by the board if such person presents satisfactory evidence to the board that he or she has fulfilled all the requirements to be admitted to examination except the training hours requirement.

SECTION 13.15.

Section 73-7-19, Mississippi Code of 1972, is amended as follows:

73-7-19.

(1) Except as provided in Section 33-1-39, all licenses shall be renewed biennially under the fee schedule in Section 73-7-29.

Applications for renewal of licenses for cosmetologists, barbers, estheticians, manicurists and instructors must be accompanied by the required renewal fee.

A grace period of sixty (60) days will be given in which to renew the license;

and upon the expiration of the grace period of sixty (60) days, any applicant for the renewal of a license will be required to pay the required renewal fee and a delinquent fee in addition to the renewal fee.

The fees may be paid by either personal or certified check, cash or money order, under such safeguards, rules and S.

B.

No.

2160 *SS26/R539PS* ~ OFFICIAL ~ 23/SS26/R539PS PAGE 29 regulations as the board may prescribe.

Checks returned to the board because of insufficient funds shall result in nonrenewal of the license, which will require the penalty fee for insufficient fund checks plus all other amounts due for renewal of the license before the license may be renewed.

After one (1) year has passed from the expiration date of the license, a delinquent fee must be paid for each year up to three (3) years, after which the required examination must be taken.

All applications for examination required by this chapter shall expire ninety (90) days from the date thereof.

(2) Each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section 93-11-64.

SECTION 16.

(1) The * * * State DepartmentBoard of HealthCosmetology and Barbering shall admit to examination for a manicurist's license any person who has made application to the board in proper form, has paid the required fee, and who:

S.(a) Is at least * * * sixteen (16) years of age;

* * * ( * * *b) Has successfully completed no less than three hundred fifty (350) hours of practice and related theory in manicuring and pedicuring over a period of no less than nine (9) weeks in an accredited school of cosmetology in this or any other S.

2160 *SS26/R539**SS26/R539PS* ~ OFFICIAL ~ 23/SS26/R53923/SS26/R539PS PAGE 30(scm\tb)30 (a)state, Isor atin leastan *apprenticeship *program *of sixteenseven (16)hundred years(700) hours certified by the State Board of age;Cosmetology and Barbering.

*Apprenticeships *provided *for (in *this *section *b)may Hasbe successfullymonitored completedor nomentored lessby than three hundred fifty (350) hours of practice and related theory in manicuring and pedicuring over a periodperson ofwith noan lessinstructor thanlicense nine (9) weeks in an accredited school of cosmetology in this or anymanicuring. other state, or in an apprenticeship program of seven hundred (700) hours certified by the State Department of Health.

Apprenticeships provided for in this section may be monitored or mentored by a person with a master or instructor license in cosmetology or manicuring.

and ((d) * * *c) Has a high school tenthtenth-grade grade education or its equivalent, or has been successfully enrolled in a community college.

(3) The * * * State DepartmentBoard of HealthCosmetology and Barbering shall adopt regulations governing the use of electric nail files for the purpose of filing false or natural nails.

(4) Each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section 93-11-64.

SECTION 17.

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

73-7-23.

(1) The board may, upon application, issue a license by reciprocity to any cosmetologist, esthetician or manicurist over the age of * * * sixteen (16) years from any other S.

B.

No.

2160 *SS26/R539PS* ~ OFFICIAL ~ 23/SS26/R539PS PAGE 31 state who has satisfactorily completed the required number of accredited hours in that state, provided the State Board from which the applicant comes issues to cosmetologists, barbers, estheticians or manicurists, as the case may be, from the State of Mississippi a license under the same conditions and the other state has entered into a written reciprocal agreement between participating states.

Applications must be accompanied by (a) proof satisfactory to the board that the required hours have been completed, and (b) the required reciprocity fee, which shall be paid to the board.

(2) An instructor from any other state may be qualified for a Mississippi instructor's license upon presenting a valid instructor's license and proof of a high school education or its equivalent, provided that the instructor (a) is not less than twenty-one (21) years of age, (b) has completed training equivalent to the State of Mississippi's training as provided in Section 73-7-15 or has three (3) years or more of experience as a licensed instructor prior to application, (c) * * * has completed twelve (12) semester hours in college courses approved by the board, and ( * * *d) has completed a minimum of five (5) continuing education hours in Mississippi board laws, rules and regulations.

Such application must be accompanied by two (2) recent passport photographs of the applicant.

Applicants shall pay the required license fee.

2160 *SS26/R539**SS26/R539PS* ~ OFFICIAL ~ 23/SS26/R53923/SS26/R539PS PAGE 31(scm\tb)32 (4)(3) EachAn applicationapplicant orfor filinga madeMississippi underinstructor's thislicense sectionby shallreciprocity includewho has not completed the socialcollege securitycourses number(s)requirement ofat the applicanttime inof accordanceapplication withmay Sectionapply 93-11-64.for a onetime temporary teaching permit, which shall be valid for six (6) months and shall be nonrenewable.

SECTIONSuch 14.application must be accompanied by proof of enrollment in college course(s), required permit fee, two (2) recent passport photographs of the applicant and other documentation as required for application for a Mississippi instructor's license by reciprocity.

SectionUpon 2proof of thiscompletion actof shallcollege takecourses effect and bepayment inof forcethe fromrequired andlicense afterfee, itsa passage.Mississippi instructor's license shall be issued.

Section(4) 1The andissuance Sectionsof 3a throughlicense 13by ofreciprocity to a military-trained applicant, military spouse or person who establishes residence in this actstate shall takebe effectsubject andto bethe inprovisions forceof fromSection and73-50-1 afteror July73-50-2, 1,as 2023.applicable.

SECTION 18.

Section 73-7-25, Mississippi Code of 1972, is amended as follows:

73-7-25.

Every demonstrator in the field of cosmetology or barbering shall, before making demonstrations in a salon and/or barber business or school, apply for and obtain a permit from the board.

For such permit, which shall be for one (1) year, the required fee shall be paid to the board.

This section shall be construed to apply to demonstrators in salons and barber businesses and schools.

2160 *SS26/R539**SS26/R539PS* ~ OFFICIAL ~ 23/SS26/R53923/SS26/R539PS ST:PAGE 33 SECTION 19.

StateSection Department73-7-27, Mississippi Code of Health;1972, is amended as follows:

transfer73-7-27. PAGE 32(scm\tb) responsibilities of State Board of Cosmetology and Board of Barber Examiners to.

(1) Any complaint may be filed with the board by a member or agent of the board or by any person charging any licensee of the board with the commission of any of the offenses enumerated in subsection (2) of this section.

Such complaint shall be in writing, signed by the accuser or accusers, and verified under oath, and such complaints shall be investigated as set forth in Section 73-7-7.

If, after the investigation, the board through its administrative review agents determines that there is not substantial justification to believe that the accused licensee has committed any of the offenses enumerated, it may dismiss the complaint or may prepare a formal complaint proceeding against the licensee as hereinafter provided.

When used with reference to any complaint filed against a licensee herein, the term "not substantial justification" means a complaint that is frivolous, groundless in fact or law, or vexatious, as determined by unanimous vote of the board.

In the event of a dismissal, the person filing the accusation and the accused licensee shall be given written notice of the board's determination.

If the board determines there is reasonable cause to believe the accused has committed any of those offenses, the secretary of the board shall give written notice of such determination to the accused licensee and set a day for a hearing as provided in subsection (3) of this section.

S.

B.

No.

2160 *SS26/R539PS* ~ OFFICIAL ~ 23/SS26/R539PS PAGE 34 (2) The board shall have the power to revoke, suspend or refuse to issue or renew any license or certificate provided for in this chapter, and to fine, place on probation and/or otherwise discipline a student or licensee or holder of a certificate, upon proof that such person:

(a) has not complied with an order, decision or ruling of the board or has violated any of the rules and regulations promulgated by the board;

(b) has not complied with or has violated any of the sections of this chapter;

(c) has committed fraud or dishonest conduct in the taking of the examination herein provided for;

(d) has been convicted of a felony;

(e) has committed grossly unprofessional or dishonest conduct;

(f) is addicted to the excessive use of intoxicating liquors or to the use of drugs to such an extent as to render him or her unfit to practice in any of the practices or occupations set forth in this chapter;

(g) has advertised by means of knowingly false or deceptive statements;

or (h) has failed to display the license or certificate issued to him or her as provided for in this chapter;

or (i) has been convicted of violating any of the provisions of this chapter.

A conviction of violating any of the provisions of this chapter shall be grounds for automatic suspension of the license or certificate of such person.

(3) (a) The board shall not revoke, suspend or refuse to issue or renew any license or certificate, or fine, place on probation or otherwise discipline any person in a disciplinary S.

B.

No.

2160 *SS26/R539PS* ~ OFFICIAL ~ 23/SS26/R539PS PAGE 35 matter except after a hearing of which the applicant or licensee or holder of the certificate affected shall be given at least twenty (20) days' notice in writing, specifying the reason or reasons for denying the applicant a license or certificate of registration, or in the case of any other disciplinary action, the offense or offenses of which the licensee or holder of a certificate of registration is charged.

Such notice may be served by mailing a copy thereof by United States first-class certified mail, postage prepaid, to the last-known residence or business address of such applicant, licensee or holder of a certificate.

The hearing on such charges shall be at such time and place as the board may prescribe.

The provisions of this paragraph (a) shall not apply to the board's collection of a civil penalty or fine imposed by the board under paragraph (b) of this subsection.

(b) Any civil penalty or fine imposed by the board under this chapter shall become due and payable when the person incurring the penalty receives a notice in writing from the board of the penalty.

The notice shall be sent by registered or certified mail.

The person to whom the notice is addressed shall have thirty (30) days from the date of mailing of the notice in which to make written application for a hearing.

Any person who makes that application shall be entitled to a hearing.

The hearing shall be conducted as a contested case hearing.

When an order assessing a civil penalty under this section becomes final by operation of law or on appeal, unless the amount of penalty is S.

B.

No.

2160 *SS26/R539PS* ~ OFFICIAL ~ 23/SS26/R539PS PAGE 36 paid within ten (10) days after the order becomes final, it may be recorded with the circuit clerk in any county of this state.

The clerk shall then record the name of the person incurring the penalty and the amount of the penalty in his lien record book.

(4) At such hearings, all witnesses shall be sworn by a member of the board or court reporter, and stenographic notes of the proceedings shall be taken.

Any party to the proceedings desiring it shall be furnished with a copy of such stenographic notes upon payment to the board of such fees as it shall prescribe, not exceeding, however, the actual costs of transcription.

(5) The board is hereby authorized and empowered to issue subpoenas for the attendance of witnesses and the production of books and papers.

The process issued by the board shall extend to all parts of the state and such process shall be served by any person designated by the board for such service.

The person serving such process shall receive such compensation as may be allowed by the board, not to exceed the fee prescribed by law for similar services.

All witnesses who shall be subpoenaed, and who shall appear in any proceedings before the board, shall receive the same fees and mileage as allowed by law.

(6) Where in any proceeding before the board any witness shall fail or refuse to attend upon subpoena issued by the board, shall refuse to testify, or shall refuse to produce any books and papers, the production of which is called for by the subpoena, the S.

B.

No.

2160 *SS26/R539PS* ~ OFFICIAL ~ 23/SS26/R539PS PAGE 37 attendance of such witness and the giving of his testimony and the production of the books and papers shall be enforced by any court of competent jurisdiction of this state, in the same manner as are enforced for the attendance and testimony of witnesses in civil cases in the courts of this state.

(7) The board shall conduct the hearing in an orderly and continuous manner, granting continuances only when the ends of justice may be served.

The board shall, within sixty (60) days after conclusion of the hearing, reduce its decision to writing and forward an attested true copy thereof to the last-known residence or business address of such applicant, licensee or holder of a certificate, by way of United States first-class certified mail, postage prepaid.

Such applicant, licensee, holder of a certificate, or person aggrieved shall have the right of appeal from an adverse ruling, or order, or decision of the board to the Chancery Court of the First Judicial District of Hinds County, Mississippi, upon forwarding notice of appeal to the board within thirty (30) days after the decision of the board is mailed in the manner here contemplated.

An appeal will not be allowed in the event notice of appeal, together with the appeal bond hereinafter required, shall not have been forwarded to the board within the thirty-day period.

Appeal shall be to the Chancery Court of the First Judicial District of Hinds County, Mississippi.

The appeal shall thereupon be heard in due course by the court which shall review the record and make its determination thereon.

S.

B.

No.

2160 *SS26/R539PS* ~ OFFICIAL ~ 23/SS26/R539PS PAGE 38 (8) The appellant shall, together with the notice of appeal, * * * first pay the costs for the transcription of the record of the hearing(s) and proceeding(s) before the board in which the adverse ruling, order or decision of the board was made.

(9) In the event of an appeal, the court shall dispose of the appeal and enter its decision promptly.

The hearing on the appeal may, in the discretion of the chancellor, be tried in vacation.

If there is an appeal, such appeal may, in the discretion of and on motion to the chancery court, act as a supersedeas.

However, any fine imposed by the board under the provisions of this chapter shall not take effect until after the time for appeal has expired, and an appeal of the imposition of such a fine shall act as a supersedeas.

(10) Any fine imposed by the board upon a licensee or holder of a certificate shall be in accordance with the following * * * class designation of fines:

(a) * * * Class A.

Class A violations shall be set at no less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00).

Class A violations are specific to the following:

(i) Unlicensed practice or the use of fraudulent statements to obtain any benefits or privileges under this chapter or practicing one (1) of the professions without a license.

These violations will be handled in accordance with the requirements of Section 73-7-27 or 73-7-37, as applicable;

and S.

B.

No.

2160 *SS26/R539PS* ~ OFFICIAL ~ 23/SS26/R539PS PAGE 39 (ii) Extremely dangerous to the health and safety of the general public.

(b) Class B.

Class B violations shall be set at no less than Two Hundred Fifty Dollars ($250.00) nor more than Seven Hundred Fifty Dollars ($750.00).

Class B violations are major health and safety concerns that are detrimental to public safety and welfare.

(c) Class C.

Class C violations shall be set at no less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00).

Class C violations are minor health and safety violations that are detrimental to public safety and welfare.

The power and authority of the board to impose such fines under this section shall not be affected or diminished by any other proceeding, civil or criminal, concerning the same violation or violations.

(11) In addition to the reasons specified in subsection (2) of this section, the board shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153.

The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be.

Actions taken by the board in S.

B.

No.

2160 *SS26/R539PS* ~ OFFICIAL ~ 23/SS26/R539PS PAGE 40 suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section.

Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section.

If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.

SECTION 20.

Section 73-7-29, Mississippi Code of 1972, is amended as follows:

73-7-29.

The State Board of Cosmetology and Barbering shall assess fees in the following amounts and for the following purposes:

(a) Initial license/renewal for cosmetologist, barber, manicurist * * * or esthetician * * * .....................$ 50.00 (b) Instructor initial license/renewal................

80.00 (c) Master cosmetologist or barber license/renewal....

70.00 (d) Delinquent renewal penalty - cosmetologist, barber, manicurist * * * or esthetician * * * and instructor........

50.00 There shall be no renewal fee for any licensee seventy (70) years of age or older.

(e) Salon/barber business application and initial inspection..........................................

85.00 S.

B.

No.

2160 *SS26/R539PS* ~ OFFICIAL ~ 23/SS26/R539PS PAGE 41 (f) Salon/barber business reinspection.................35.00 (g) Salon/barber business change of ownership or location, or both...........................................

85.00 (h) Salon/barber business renewal.....................

60.00 (i) Salon/barber business delinquent renewal penalty.....................................................

50.00 (j) Application and initial inspection for a new school..................................................300.00 (k) New school reinspection...........................100.00 (l) School change of ownership........................300.00 (m) School relocation.................................150.00 (n) School renewal.....................................75.00 (o) School delinquent renewal penalty.................100.00 (p) Duplicate license..................................10.00 (q) Penalty for insufficient fund checks...............20.00 (r) Affidavit processing...............................15.00 The State Board of Cosmetology and Barbering may charge additional fees for services which the board deems appropriate to carry out its intent and purpose.

These additional fees shall not exceed the cost of rendering the service.

The board is fully authorized to make refunds of any deposits received by the board for services which are not rendered.

Refunds will automatically be made on overpayment of fees.

Refunds will be made on underpayments by written requests from S.

B.

No.

2160 *SS26/R539PS* ~ OFFICIAL ~ 23/SS26/R539PS PAGE 42 applicants.

If no request for refund is made within sixty (60) days, the fees will be forfeited.

SECTION 21.

Section 73-7-33, Mississippi Code of 1972, is amended as follows:

73-7-33.