Shown verbatim: the complete text as captured from the official page posted by the Mississippi Legislature, fetched 2026-08-29. This is the enrolled version. The official bill page.
MISSISSIPPI LEGISLATURE 2026 Regular Session To: Public Health and Welfare By: Senator(s) Johnson Senate Bill 2566 (As Sent to Governor) AN ACT TO AMEND SECTION 73-7-1, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT NOTICE OF ALL STATE BOARD OF COSMETOLOGY AND BARBERING (BOARD) MEETINGS BE GIVEN AS PROVIDED IN SECTION 25-41-1 ET SEQ.; TO AMEND SECTION 73-7-2, MISSISSIPPI CODE OF 1972, TO REVISE VARIOUS DEFINITIONS; TO AMEND SECTION 73-7-3, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE BOARD SHALL USE THE STANDARDS ESTABLISHED BY THE STATE PERSONNEL BOARD IN DETERMINING WHETHER OR NOT THE BOARD'S EXECUTIVE DIRECTOR MAY RECEIVE COMPENSATORY LEAVE AND IN DETERMINING WHETHER OR NOT EMPLOYEES OF THE BOARD MAY BE GRANTED ADMINISTRATIVE LEAVE WITH PAY; TO AMEND SECTION 73-7-11, MISSISSIPPI CODE OF 1972, TO DELETE THE REQUIREMENT THAT LICENSE OWNERS MUST DISPLAY THE LICENSE IN A CONSPICUOUS PLACE IN HIS OR HER PRINCIPAL OFFICE, PLACE OF BUSINESS OR EMPLOYMENT AT ALL TIMES; TO AMEND SECTION 73-7-12, MISSISSIPPI CODE OF 1972, TO CLARIFY THE BOARD'S AUTHORITY REGARDING EXAMINATIONS; TO AMEND SECTIONS 73-7-13, 73-7-13.1, 73-7-18 AND 73-7-21, MISSISSIPPI CODE OF 1972, TO REVISE EDUCATIONAL REQUIREMENTS AND PROVISIONS GOVERNING APPRENTICESHIPS; TO REQUIRE THAT EXAMINATIONS AND ALL TESTING REQUIREMENTS BE CLEAR, OBJECTIVE AND UNIFORMLY APPLIED; TO AMEND SECTION 73-7-15, MISSISSIPPI CODE OF 1972, TO REVISE THE REQUIREMENTS FOR ADMISSION TO EXAMINATION FOR AN INSTRUCTOR'S LICENSE; TO INCREASE THE LENGTH OF A TEMPORARY INSTRUCTOR'S PERMIT FROM 90 DAYS TO SIX MONTHS; TO AMEND SECTION 73-7-16, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE REQUIRED BOND, CASH, OR A CERTIFICATE OF DEPOSIT SHALL BE FOR THE PROVISION OF INDEMNIFICATION OF ANY PERSON SUFFERING LOSS AS THE RESULT OF ANY FALSE CERTIFICATION, SCHOOL CLOSURE, ANY FRAUD OR MISREPRESENTATION USED ON BEHALF OF THE PRINCIPAL IN PROCURING SUCH PERSON'S ENROLLMENT IN A COURSE OF INSTRUCTION, INCLUDING REPAYMENT OF TUITION PAID IN ADVANCE BY ANY STUDENT; TO EXEMPT ANY ENTITY PROTECTED BY IMMUNITY UNDER THE MISSISSIPPI TORT CLAIMS ACT FROM BEING REQUIRED TO OBTAIN A SURETY BOND IN FAVOR OF THE BOARD OR TO FILE CASH, A CERTIFICATE OF DEPOSIT OR GOVERNMENT BONDS IN LIEU THEREOF WHEN MAKING APPLICATION FOR A SCHOOL LICENSE; TO DELETE PROVISIONS PROVIDING FOR ISSUANCE OF TEMPORARY LICENSES, PROBATIONARY LICENSES, CONDITIONAL LICENSES AND NONCONDITIONAL LICENSES FOR SCHOOLS; TO AMEND SECTION 73-7-17, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT BY JANUARY 1, 2027, THE BOARD SHALL PROMULGATE RULES AND REGULATIONS TO ENABLE LICENSURE OF MOBILE SALON/BARBER SHOPS; TO AMEND SECTION 73-7-19, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT FROM AND AFTER THE EFFECTIVE DATE OF THIS ACT THROUGH DECEMBER 31, 2026, ANY COSMETOLOGIST, BARBER, ESTHETICIAN, NAIL TECHNICIAN OR INSTRUCTOR WHO HAS AT LEAST TEN YEARS' EXPERIENCE UNDER THEIR LICENSE AND WHOSE LICENSE HAS BEEN EXPIRED FOR NOT MORE THAN TEN YEARS SHALL NOT HAVE TO TAKE THE EXAMINATION IN ORDER TO RENEW THEIR LICENSE, BUT SHALL RENEW THEIR LICENSE UPON PAYMENT OF THE REQUIRED RENEWAL FEE, ANY ADJUDICATED FINES, AND COMPLETION OF ANY CONTINUING EDUCATION THAT IS APPLICABLE TO THE LICENSE RENEWAL AS REQUIRED BY THE BOARD; TO PROVIDE THAT FROM AND AFTER JANUARY 1, 2027, A COSMETOLOGIST, BARBER, ESTHETICIAN, NAIL TECHNICIAN OR INSTRUCTOR WHO HAS AT LEAST TEN YEARS' EXPERIENCE UNDER THEIR LICENSE AND WHOSE LICENSE HAS BEEN EXPIRED FOR NOT MORE THAN FIVE YEARS SHALL NOT HAVE TO TAKE THE EXAMINATION IN ORDER TO RENEW THEIR LICENSE, BUT SHALL RENEW THEIR LICENSE UPON PAYMENT OF THE REQUIRED RENEWAL FEE, ANY ADJUDICATED FINES, AND A DELINQUENT FEE FOR EACH YEAR THAT THEIR LICENSE HAS BEEN EXPIRED AND COMPLETION OF ANY CONTINUING EDUCATION THAT IS APPLICABLE TO THE LICENSE RENEWAL AS REQUIRED BY THE BOARD; TO REQUIRE CERTAIN CONTINUING EDUCATION COURSES FOR INITIAL LICENSE RENEWAL; TO AMEND SECTION 73-7-23, MISSISSIPPI CODE OF 1972, TO REVISE PROVISIONS REGARDING LICENSURE BY RECIPROCITY; TO AMEND SECTION 73-7-27, MISSISSIPPI CODE OF 1972, TO MODIFY THE PENALTIES FOR CLASS A, CLASS B AND CLASS C VIOLATIONS; TO PROVIDE THAT UNLICENSED PRACTICE OR PRACTICING ONE OF THE PROFESSIONS REGULATED BY THE BOARD WITHOUT A LICENSE OR TEMPORARY PERMIT BY AN INDIVIDUAL WHO HAS OTHERWISE SATISFACTORILY PASSED THE PRESCRIBED EXAMINATION PURSUANT TO SECTION 73-7-13, 73-7-13.1, 73-7-18 OR 73-7-21, DURING ANY PERIOD OF TIME IN WHICH NO BOARD OR FORMAL BOARD RULES AND REGULATIONS WERE IN PLACE SHALL NOT BE SUBJECT TO ANY DISCIPLINE OR FINES; TO AMEND SECTION 73-7-29, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; TO PROVIDE THAT AN APPLICANT FOR AN INITIAL LICENSE FOR COSMETOLOGIST, BARBER, NAIL TECHNICIAN OR ESTHETICIAN, SHALL NOT BE CHARGED A FEE IF THE APPLICANT PRODUCES DOCUMENTATION OF HIS OR HER PARTICIPATION IN CERTAIN BENEFIT PROGRAMS; TO PROVIDE THAT REFUNDS ON OVERPAYMENT OF FEES WILL BE MADE SUBJECT TO RULES AND REGULATIONS PROMULGATED BY THE STATE FISCAL OFFICER; TO AMEND SECTION 73-7-31, MISSISSIPPI CODE OF 1972, TO REPLACE THE PHRASE "FACIAL TREATMENTS" WITH "ESTHETICS SERVICES"; TO AMEND SECTION 73-7-33, MISSISSIPPI CODE OF 1972, TO DELETE LANGUAGE REGARDING THE APPAREL THAT MUST BE WORN WHILE AT WORK; TO AMEND SECTION 73-7-35, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A LICENSEE MAY RENDER SERVICES TO ANY PERSON WHO MAY BE CONFINED TO A SKILLED NURSING FACILITY, A LONG-TERM CARE HOSPITAL OR A COMPREHENSIVE MEDICAL REHABILITATION FACILITY; TO PROVIDE THAT LICENSEES MAY RENDER SERVICES TO DECEASED PERSONS AWAY FROM THEIR SHOP; TO AMEND SECTIONS 73-7-9 AND 73-7-37, MISSISSIPPI CODE OF 1972, TO CONFORM; TO CREATE A NEW SECTION WITHIN CHAPTER 7, TITLE 73, MISSISSIPPI CODE OF 1972, TO AUTHORIZE REGISTRATION AS INACTIVE STATUS FOR ANY LICENSED COSMETOLOGIST, BARBER, ESTHETICIAN OR NAIL TECHNICIAN WHO IS REGISTERED BUT NOT ACTIVELY PRACTICING IN THIS STATE; TO AMEND SECTION 73-7-14, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE ISSUANCE OF MASTER COSMETOLOGIST, BARBER, NAIL TECHNICIAN AND ESTHETICIAN LICENSES, TO PROVIDE FOR THE REPEAL OF SUCH SECTION ON THE EFFECTIVE DATE OF THIS ACT; TO BRING FORWARD SECTIONS 73-7-5, 73-7-7 AND 73-7-25, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. Section 73-7-1, Mississippi Code of 1972, is amended as follows: 73-7-1. Any reference to the State Board of Cosmetology or the Board of Barber Examiners in Title 73, Chapters 5 and 7, Mississippi Code of 1972, or any other provision of law, or in any rule, regulation or document, shall mean the State Board of Cosmetology and Barbering created in this section. There is created the State Board of Cosmetology and Barbering, which shall be composed of seven (7) members, with six (6) members to be appointed by the Governor, with the advice and consent of the Senate, and the State Health Officer or his or her designee. Of the appointed members, three (3) members shall be from the cosmetology professions and three (3) members shall be from the barbering profession. However, no more than two (2) members shall be appointed from each Supreme Court district as such district existed on July 1, 2024, and one (1) member from each district shall be a barber. The initial term of office for the two (2) members appointed from the First Supreme Court District shall be two (2) years and thereafter shall be six (6) years from the expiration date of the previous term; the initial term of office for the two (2) members appointed from the Second Supreme Court District shall be three (3) years and thereafter shall be six (6) years from the expiration date of the previous term; and the initial term of office for the two (2) members appointed from the Third Supreme Court District shall be four (4) years and thereafter shall be six (6) years from the expiration date of the previous term. No member may serve more than three (3) consecutive terms. The initial appointments must be made before August 1, 2024. If appointments are not made by August 1, 2024, the State Board of Cosmetology and the Board of Barber Examiners shall continue to operate in their separate capacities until such time as the Board of Cosmetology and Barbering is appointed. There shall be a president of the board and such other officers as deemed necessary by the board elected by and from its membership, provided that the member elected as president shall have at least one (1) year of experience on the board. Any member appointed by the Governor and confirmed by the Senate for a term to begin on or after August 1, 2024, who was designated by the Governor to serve as president of the board, shall be fully qualified to serve on the board for a full term of office, but shall not serve as president of the board unless elected by the membership of the board as provided under this paragraph. To be eligible for appointment as a member of the State Board of Cosmetology and Barbering, the person applying shall have been a citizen of this state for a minimum of five (5) years immediately prior to appointment. Such person shall be at least thirty (30) years of age, possess a high school education or its equivalent, and shall have been licensed by the board with not less than ten (10) years' active practice in any profession regulated by the board. No member of the board shall be connected in any way with any school in which any of the professions regulated by the board are taught. In the event of vacancy by death or resignation of any member of the board, the Governor shall, within thirty (30) days, appoint a person possessing all qualifications required to serve the remainder of the term. Any member who has not attended two (2) consecutive meetings of the board for reasons other than illness of such member shall be subject to removal by the Governor. The president of the board shall notify the Governor in writing when any such member has failed to attend two (2) consecutive regular meetings. The salaries of all paid employees of the board shall be paid out of funds in the board's special fund in the State Treasury. Each member of the board, excepting the inspectors provided for herein, shall receive per diem as authorized by Section 25-3-69, and shall be reimbursed for such other expenses at the same rate and under the same conditions as other state employees as provided for in Section 25-3-41. * * * The board shall give reasonable public Notice of all board meetings * * * not less than ten (10) days prior to such meetings shall be given as provided in the Open Meetings Act (Section 25-41-1 et seq.). In addition to any powers conferred upon the board in other provisions of law, the board shall appoint an individual to serve as the executive director of the board. The executive director shall possess the qualifications established by the board, which shall be based on National Best Practices. The executive director shall be considered a full-time position. The executive director shall serve at the will and pleasure of the board and shall devote his or her time to the proper administration of the board and the duties assigned to him or her by the board. The executive director shall be paid a salary established by the board, subject to the approval of the State Personnel Board. Subject to the availability of funding, the executive director may employ such administrative staff as may be necessary to assist the executive director and the board in carrying out the duties and directives of the board. SECTION 2. 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 as defined in this section 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 the scalp, face, neck * * * or upper part of the body, shoulders, arms or hands either by hand or by means of mechanical appliances, * * * singeing and shampooing the hair, dyeing the hair, or permanently waving or straightening the hair for compensation. (c) "Barber" means a person, other than a student, who performs barbering on the general public for compensation, and who shall satisfy the qualifications and licensure requirements provided in this chapter. (d) "Cosmetology" means any one (1) or a combination of the following practices if they are performed on a person's head, face, neck, shoulders, arms, hands, legs or feet for cosmetic purposes: (i) Cutting, clipping or trimming hair and hair pieces. (ii) Styling, arranging, dressing, curling, waving, permanent waving, straightening, cleansing, bleaching, tinting, coloring or similarly treating hair and hair pieces. (iii) Cleansing, stimulating, manipulating, beautifying or applying oils, antiseptics, clays, lotions or other preparations, either by hand or by mechanical or electrical apparatus. (iv) Arching eyebrows, to include tweezing, waxing, threading or any other methods of epilation, or tinting eyebrows and eyelashes. (v) Removing superfluous hair by the use of depilation. (vi) Manicuring and pedicuring. For regulation purposes, the terms "cosmetology," * * * and "barbering" and "esthetics" do not include persons whose practice is limited to only performing makeup artistry, threading or applying or removing eyelash extensions; however, a person may perform a combination of not more than three (3) such practices and still be exempt from this chapter. (e) "Cosmetologist" means a person who for compensation, whether direct or indirect, engages in the practice of cosmetology. (f) "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. (iii) Tinting eyelashes or eyebrows. (iv) Waxing * * *,. (v) Stimulating, cleaning or beautifying the face, neck, arms or legs of a person by any method with the aid of the hands or any mechanical or electrical apparatus, or by the use of a cosmetic preparation. The terms "cosmetology," barbering," "esthetics" and "nail technology" 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. (g) "Esthetician" means any person who, for compensation, either direct or indirect, engages in the practice of esthetics. (h) "Instructor" means a person licensed to teach cosmetology, barbering, * * * or nail technology, * * * or esthetics, or all of those, pursuant to this chapter, and shall include those persons engaged in the instruction of student instructors. (i) "Nail technology" means any one (1) or a combination of the following practices: (i) Cutting, trimming, polishing, coloring, tinting, cleansing, enhancing and embellishing or otherwise treating a person's nails. (ii) Applying artificial nails. (iii) Massaging or cleaning a person's hands, arms, legs or feet. (j) "Nail technician" means a person who for compensation, either direct or indirect, engages in the practice of nail technology. * * * (k) "Master" means a person holding a cosmetology, barbering, nail technology and/or esthetics license who has completed the minimum course of continuing education prescribed by Section 73‑7‑14. ( * * *lk) "Salon/barber shop" means an establishment operated for the purpose of engaging in the practice of cosmetology, barbering, nail technology, or esthetics, or all of those. ( * * *ml) "School" means an establishment, public or private, operated for the purpose of teaching cosmetology, barbering, nail technology, or esthetics, or all of those. SECTION 3. Section 73-7-3, Mississippi Code of 1972, is amended as follows: 73-7-3. (1) The board shall be authorized to employ such clerical assistance, bookkeepers, investigators and other agents as they may deem necessary to carry out the provisions of this chapter, and to fix their tenure of employment and compensation therefor. The members of the board, as well as all employees of the board except for investigators, shall file a bond with the Secretary of State in the sum of not less than Twenty-five Thousand Dollars ($25,000.00) payable to the State of Mississippi for the faithful performance of their duties. The bond shall be made by a surety company authorized to do business in this state, the premium of the bond to be paid out of any money in the board's special fund in the State Treasury. (2) The office of the board shall be located in the greater metropolitan area of the City of Jackson, Mississippi, and if 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 (12), who shall be full-time employees and whose salaries and duties shall be fixed by the board. (3) The salaries of all paid employees of the board shall be paid out of the funds in the board's special fund in the State Treasury. The inspectors shall, in addition to their salaries, be reimbursed for such expenses as are allowed other state employees under the provisions of Section 25-3-41. In addition 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. (4) When, in the opinion of the board, it is essential that an employee of the board work after normal working hours, the employee may receive credit for compensatory leave. (a) The board * * * should shall use the standards established by the State Personnel Board in determining whether or not the board's executive director may receive compensatory leave. (b) Employees of the board may be granted administrative leave with pay, which means discretionary leave with pay, other than personal leave or major medical leave. The board shall use the standards established by the State Personnel Board in determining whether or not employees of the board may be granted administrative leave with pay. * * * (i) The board may grant administrative leave to any employee of the board serving as a witness or juror or party litigant, as verified by the clerk of the court, in addition to any fees paid for such services, and such services or necessary appearance in any court shall not be counted as personal leave. (ii) The board may grant administrative leave with pay to employees of the board in the event of extreme weather conditions or in the event of a man‑made, technological, or natural disaster or emergency. Any employee on a previously approved leave during the affected period shall be eligible for such administrative leave granted by the board and shall not be charged for his or her previously approved leave during the affected period. (iii) The board may grant administrative leave with pay to any employee of the board who is a certified disaster service volunteer of the American Red Cross who participates in specialized disaster relief services for the American Red Cross in this state and in states contiguous to this state when the American Red Cross requests the employee's participation. Administrative leave granted under this subparagraph shall not exceed twenty (20) days in any twelve‑month period. Employees on leave under this subparagraph shall not be deemed to be an employee of the state for purposes of workers' compensation or for purposes of claims against the state allowed under Title 11, Chapter 46, Mississippi Code of 1972. As used in this subparagraph, the term "disaster" includes disasters designated at Level II and above in American Red Cross' national regulations and procedures. SECTION 4. Section 73-7-11, Mississippi Code of 1972, is amended as follows: 73-7-11. * * * Each owner of a license issued by the board under the provisions of this chapter shall display the license in a conspicuous place in his or her principal office, place of business or employment, at all times. Each practitioner and instructor license shall contain a recent passport-style photograph of the license holder, the person's name, and the type of license held by the person. The requirements of this section shall apply at the time of issuance of a new license or at the time of renewal of an existing license. A barber pole * * * can only may be displayed if the business carries a barber license or is dual licensed as a cosmetology salon and barber shop with at least one (1) current barber licensee employed at the location. SECTION 5. Section 73-7-12, Mississippi Code of 1972, is amended as follows: 73-7-12. The board shall conduct examinations for cosmetologists, barbers, estheticians, nail technicians and instructors at such times and locations and in such manner as determined by the board. The members of the board shall not personally administer or monitor the examinations, but the board shall contract for administrators of the examinations. A member of the board shall not receive any per diem compensation for any day that the member is present at the location(s) where the examinations are being administered. SECTION 6. Section 73-7-13, Mississippi Code of 1972, is amended as follows: 73-7-13. (1) The board shall admit to examination for a cosmetology license any person who is at least sixteen (16) years old and who has made application to the board in proper form, has paid the required fee, and who 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 no less than three thousand (3,000) hours in an apprenticeship program certified by the board, and has * * * a high school education or its equivalent completed the tenth grade or has been successfully enrolled in a community college, a state institution of higher learning, or a public or private college or university. Examinations and all testing requirements shall be clear, objective and uniformly applied. Apprenticeships provided for in this subsection shall be * * * monitored or mentored by a licensed cosmetology instructor * * * only or a cosmetologist with at least fifteen (15) years of experience. Only * * * one (1) two (2) apprentices may be mentored by any person at the same time. Only two (2) apprentice mentors may operate within the same licensed salon/barber shop. (2) The board * * * may, in its discretion, shall issue to any student who has completed the prescribed hours in a licensed school or approved apprenticeship program and paid the required fee a temporary permit until such time as the next examination may be held but not exceeding six (6) months. Such student shall be issued only one (1) temporary permit. Application for an examination and license shall be accompanied by two (2) recent passport-style photographs of the applicant. No temporary permit will be issued to an applicant from any other state to operate a beauty salon, barber shop or school of any profession regulated by the board in this state unless in case of emergency. (3) Applicants for the cosmetologist license, after having satisfactorily passed the prescribed examination, shall be issued a cosmetology license which shall be valid for two (2) years, and the license shall be subject to renewal. No license issued by the board may be renewed until all monetary fines and penalties assessed by the board to the licensee are paid in full. (4) Any barber who has successfully completed no less than fifteen hundred (1500) hours in a licensed barber school and who holds a current valid certificate of licensure to practice barbering is eligible to take the cosmetology examination to secure a cosmetology license upon successfully completing six hundred (600) hours in a licensed school of cosmetology. All fees for application, examination, licensure, and renewal thereof shall be the same as provided for cosmetologists. (5) 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. * * * (6) Any licensed cosmetologist, barber, esthetician, or nail technician who is registered but not actively practicing in the State of Mississippi at the time of making application for renewal of an active license, may apply for registration as inactive status. Such "inactive" status list shall be maintained by the board and shall set out the names and post office addresses of all persons registered but not actively practicing in this state, arranged alphabetically by name and also by the municipalities and states of their last‑known professional or residential address. Only the cosmetologists, barbers, estheticians and nail technicians registered on the appropriate list as actively practicing in the State of Mississippi shall be authorized to practice those professions. No cosmetologist, barber, nail technician or esthetician shall be registered on the "inactive" list until the person has furnished a statement of intent to take such action to the board. Any licensed cosmetologist, barber, nail technician or esthetician, who is registered on the "inactive" status list shall not be eligible for active licensure status until either of the following conditions have been satisfied: (a) Written application shall be submitted to the board stating the reasons for such inactivity and setting forth such other information as the board may require on an individual basis and completion of the number of clock hours of continuing education as approved by the board; or (b) Evidence to the satisfaction of the board shall be submitted that they have actively practiced their profession in good standing in another state and have not been guilty of conduct that would warrant suspension or revocation as provided by applicable law; and (c) Payment of the fee for processing such inactive license shall be paid biennially in accordance to board rules. SECTION 7. Section 73-7-13.1, Mississippi Code of 1972, is amended as follows: 73-7-13.1 (1) The board shall admit to examination for a barbering license any person who is at least sixteen (16) years old and who has made application to the board in proper form, has paid the required fee, and who (a) has successfully completed no less than fifteen hundred (1500) hours at a barbering school approved by the board or three thousand (3,000) hours of board-approved apprenticeship training, and (b) has * * * a high school education or its equivalent completed the tenth grade or has been successfully enrolled in a community college, a state institution of higher learning, or a public or private college or university. Examinations and all testing requirements shall be clear, objective and uniformly applied. Apprenticeships shall only be * * * monitored and mentored by those with an instructor license * * *, and there shall be only one (1) apprentice per mentor in barbering or a barber with at least fifteen (15) years of experience. Only two (2) apprentices may be mentored by any person at the same time. Only two (2) apprentice mentors may operate within the same licensed salon/barber shop. (2) The board * * * may, in its discretion, shall issue to any student who has completed the prescribed hours in a licensed school or approved apprenticeship training and paid the required fee a temporary permit to practice barbering until the next examination is given but not exceeding six (6) months. In no event shall a person be allowed to practice barbering on a temporary permit beyond the date the next examination is given, except because of personal illness. (3) Applicants for the barbering license, after having satisfactorily passed the prescribed examination, shall be issued a barbering license which shall be valid for two (2) years, and the license shall be subject to renewal. No license issued by the board may be renewed until all monetary fines and penalties assessed by the board to the licensee are paid in full. (4) Any cosmetologist who has successfully completed no less than fifteen hundred (1500) hours in a licensed cosmetology school and who holds a current valid certificate of licensure to practice cosmetology is eligible to take the barbering examination to secure a barber license upon successfully completing six hundred (600) hours in a licensed school of barbering. All fees for application, examination, licensure, and renewal thereof shall be the same as provided for barbers. (5) 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 8. Section 73-7-15, Mississippi Code of 1972, is amended as follows: 73-7-15. (1) The board shall admit to examination for * * * a cosmetology an instructor's license any person who has made application to the board in proper form, has paid the required fee, and who: (a) Is a graduate of a licensed * * * cosmetology school; (b) Has a high school education or its equivalent; (c) Has successfully completed * * * one thousand (1,000) six hundred (600) hours of instructor training in a licensed school * * * of cosmetology; (d) * * * Has successfully completed six (6) semester hours in college courses approved by the board Is at least twenty-one (21) years old; and (e) Holds a current, valid Mississippi * * * cosmetology practitioner's license. * * * (2) The board shall admit to examination for a barbering instructor's license any person who has made application to the board in proper form, has paid the required fee, and who: (a) Is a graduate of a licensed barbering school; (b) Has a high school education or its equivalent; (c) Has (i) not less than two (2) years of active experience as a licensed barber and has successfully completed not less than six hundred (600) hours of instructor training in a licensed school of barbering or (ii) less than two (2) years of active experience as a licensed barber and has successfully completed one thousand (1,000) hours of instructor training in a licensed school of barbering; (d) Has successfully completed six (6) semester hours in college courses approved by the board Is at least twenty‑one (21) years old; and (e) Holds a current, valid Mississippi barbering license. (3) The board shall admit to examination for an esthetics instructor's license any person who has made application to the board in proper form, has paid the required fee, and who: (a) Has a high school education or its equivalent; (b) Has successfully completed one thousand (1,000) hours of instructor training in a licensed school or apprenticeship program in which the practice of esthetics is taught; (c) Has successfully completed six (6) semester hours in college courses approved by the board; and (d) Holds a current, valid Mississippi esthetician's license. (4) The board shall admit to examination for a nail technician instructor's license any person who has made application to the board in proper form, has paid the required fee, and who: (a) Has a high school education or its equivalent; (b) Has successfully completed one thousand (1,000) hours of instructor training in a licensed school or apprenticeship program in which the practice of nail technology is taught; (c) Has successfully completed six (6) semester hours in college courses approved by the board; and (d) Holds a current, valid Mississippi nail technician's license. ( * * *52) Applicants shall satisfactorily pass the examination prescribed by the board for licensing instructors prior to the issuance of the licenses provided for in this section. However, the board may, in its discretion, issue a temporary instructor's permit until such time as the next examination may be held, the period of which shall not exceed * * * ninety (90) days six (6) months. Such applicant shall be issued only one (1) temporary permit. All applications for an instructor's examination shall be accompanied by two (2) recent passport-style photographs of the applicant. ( * * *63) Renewal Requirements: (a) All * * * cosmetology, barbering, nail technology, and/or esthetics instructors licensed pursuant to this section shall biennially obtain * * * twenty‑four (24) twelve (12) clock hours of continuing education * * * in teacher training instruction in cosmetology, barbering, esthetics or nail technology, as the case may be, as approved by the board. Any instructor who fails to obtain the continuing education required by this subsection shall neither be allowed to instruct nor to enroll students under his or her license until such continuing education requirement has been met. The board may issue an inactive instructor license to such instructors, and an inactive license may be converted into an active license only after proof satisfactory to the board of completion of at least * * * twenty‑four (24) twelve (12) clock hours of board-approved continuing education * * * required for teacher training instruction is submitted. (b) All persons who have received a license as a barbering instructor from the board before July 1, 2002, shall be considered to have met the requirements of this section, and all those certificates of registration shall be renewable as otherwise provided in this chapter. (c) No license issued by the board may be renewed until all monetary fines and penalties assessed by the board to the licensee are paid in full. (7) 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 9. Section 73-7-16, Mississippi Code of 1972, is amended as follows: 73-7-16. (1) All schools of any profession regulated by the board or school owners shall have a school license and shall pay to the board the required license fee biennially therefor. A grace period of sixty (60) days will be given during which to renew the license, and upon the expiration of the grace period of sixty (60) days, any applicant for the renewal of a school license will be required to pay a delinquent fee in addition to the renewal fee. The board is authorized and empowered to promulgate necessary and reasonable rules and regulations for the issuance and renewal of school licenses. (2) Each application made under this section shall include the social security number(s) of the applicant, owners or agents in accordance with Section 93-11-64. (3) (a) Except as provided in paragraph (b) of this subsection (3), any school making application for a license under this chapter shall not be transferable for any cause and shall include a surety bond in the penal sum of Fifty Thousand Dollars ($50,000.00) in favor of the board on a bond form completed by the insurance company or agency. The 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). The bond, cash, or a certificate of deposit required under this paragraph shall be for the provision of indemnification of any person suffering loss as the result of any false certification, school closure, any fraud or misrepresentation used on behalf of the principal in procuring such person's enrollment in a course of instruction, including repayment of tuition paid in advance by any student. The bond, cash, or a certificate of deposit required under this section shall provide for the reimbursement of the commission of any actual administrative costs associated with an institution ceasing operations. If a surety bond is utilized under this paragraph, it shall provide blanket coverage for the acts of all persons engaged as agents of the school without naming them and without regard to the time they are engaged during the term of the bond. (b) The requirement in paragraph (a) of this subsection (3) to obtain a surety bond in favor of the board or to file cash, a certificate of deposit or government bonds in lieu thereof shall not apply to any entity protected by immunity under the Mississippi Tort Claims Act, Section 11-46-1 et seq. (4) The school applicant shall maintain a professional liability insurance policy covering any aspect of the facility, personnel and/or students. (5) The school shall meet all applicable health and safety standards that may be required by local, state and federal agencies. (6) 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. (7) 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. (8) Schools shall provide favorable conditions for effective classroom instruction. A total pattern of successful instruction includes (a) well-defined instructional objectives, (b) systematic planning, (c) selection and use of varied types of learning materials and experiences, (d) adaptation of organization and instructional procedures to student needs, (e) use of varied evaluation instruments and procedures, and (f) good student and teacher morale. (9) Each board-approved school of cosmetology, barbering, esthetics or nail technology must provide proof to the board of an annual pass rate that meets or exceeds the current minimum standard as established by the board. (10) The board shall evaluate school curriculum for conformance with educational requirements set forth in this chapter. (11) There shall be no automatic renewal of school licenses, and each licensee shall be audited for conformity before the issuance of a new license. Before the issuance of any such license, the board shall inspect the premises to determine if same conforms to the law. (12) If a school closes a facility, the licensee must notify the board within sixty (60) days before closing and provide proof of the reason for the closure; proof of method developed to assist students with the completion of their program of study and individual courses; proof of notice sent to all currently enrolled students, notifying them of the closure; proof of notice given to students indicating where they may obtain any of their records; proof of disposition of student records, with a contact person, complete address, and telephone number and how students' information may be obtained; proof of notice sent to all students who have paid for any tuition and/or fees for future enrollment in a program of study or individual course informing them of the closure, and refund information; proof of certified transcripts for each currently enrolled student who has paid for and completed coursework in lieu of receiving a full or partial refund. If a school files a bankruptcy petition, a certified copy must be filed with the board. * * * (13) School licenses may be issued, as follows: (a) Temporary licenses may be issued only for a one‑year period. These licenses are issued to new schools with less than two (2) graduating classes. Annual reports are required and are due by July 16 of each year unless otherwise specified. Prospective students before enrolling and enrolled students must be notified in writing of the school's temporary status; (b) Probationary licenses indicate warning status and may be issued only for a one‑year period. These licenses are issued to new schools with less than two (2) graduating classes and with any significant violation(s) in the most recent year. Annual reports are required and are due by July 16 of each year unless otherwise specified. Prospective students and enrolled students shall be notified in writing of the school's probationary status; (c) Conditional licenses may be issued to schools for only a one‑year period. Conditional license status for schools that previously held a nonconditional license shall not exceed two (2) years. Annual reports are required and are due by July 16 of each year unless otherwise specified. Prospective students and enrolled students shall be notified in writing of the school's conditional status. These licenses shall 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 (ii) Either the school's annual pass rate or the school's comprehensive pass rate does not meet or exceed the board's current minimum standard; (d) Nonconditional licenses may be issued for only a two‑year period. Annual reports shall be required and are due July 16 of each year unless otherwise specified. These licenses shall be issued to schools with two (2) or more graduating classes and with all of the following: (i) No significant violation(s) in the most recent year; and (ii) Either the school's annual pass rate or the school's comprehensive pass rate meets or exceeds the board's current minimum standard. (14) The combined temporary, probationary and/or conditional license status for schools shall not exceed a five‑year consecutive period before moving to a nonconditional license status. ( * * *1513) No license issued by the board may be renewed until all monetary fines and penalties assessed by the board to the licensee are paid in full. ( * * *1614) School owners, instructors, and/or employees or contractors of the school shall adhere to the board's statutes and rules and regulations and shall regard students with the same care and consideration as clients. SECTION 10. Section 73-7-17, Mississippi Code of 1972, is amended as follows: 73-7-17. (1) All salon/barber shop owners shall have a salon/barber shop license and shall pay to the board the required license fee therefor and pay the required renewal fee for renewal thereof. A grace period of sixty (60) days will be given in which to renew the license, and upon the expiration of the grace period of sixty (60) days any applicant for the renewal of a salon/barber shop license will be required to pay a delinquent fee in addition to the renewal fee. A salon/barber shop 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) By January 1, 2027, the board shall promulgate rules and regulations to enable licensure of mobile salon/barber shops. Any such licensed mobile salon/barber shop shall be affiliated with a permanently located salon/barber shop and may provide services only within a defined geographic distance around the permanently located facility as determined by the board. ( * * *23) 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. ( * * *34) No license issued by the board may be renewed until all monetary fines and penalties assessed by the board to the licensee are paid in full. SECTION 11. Section 73-7-18, Mississippi Code of 1972, is amended as follows: 73-7-18. (1) The board shall admit to examination for an esthetician's license any person who is at least sixteen (16) years old and who has made application to the board in proper form, who has paid the required fee, and who: (a) Has * * * a high school education or its equivalent completed the tenth grade or has been successfully enrolled in a community college, a state institution of higher learning, or a public or private college or university; and (b) Has successfully completed a course of training in esthetics of not less than six hundred (600) hours * * *, comprised of not less than one hundred (100) hours of theory and five hundred (500) hours of skill practice, in a licensed school in which the practice of esthetics is taught or of no less than twelve hundred (1200) hours in an apprenticeship program certified by the board. Examinations and all testing requirements shall be clear, objective and uniformly applied. Apprenticeships provided for in this section shall be * * * monitored or mentored by a person with an instructor license in * * * cosmetology or esthetics or an esthetician with at least fifteen (15) years of experience. Only * * * one (1) two (2) apprentices may be mentored by any person at the same time. Only two (2) apprentice mentors may operate within the same licensed salon/barber shop. (2) The board * * * may, in its discretion, shall issue to any student who has completed the prescribed hours in a licensed school or approved apprenticeship program and paid the required fee a temporary permit until such time as the next examination may be held but not exceeding six (6) months. Such student shall be issued only one (1) temporary permit. Application for an examination and license shall be accompanied by two (2) recent passport-style photographs of the applicant. No temporary permit will be issued to an applicant from any other state to operate a beauty salon, barber shop or school of any profession regulated by the board in this state unless in case of emergency. (3) Licensed estheticians desiring to pursue additional hours to be eligible for a license as a cosmetologist 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. (4) 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 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. (5) 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 12. 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, nail technicians and instructors must be accompanied by the required renewal fee. A grace period of sixty (60) days * * * will shall be given in which to renew the license. Upon the expiration of the grace period of sixty (60) days, any applicant for the renewal of a license * * * will shall be required to pay the required renewal fee and a delinquent fee in addition to the renewal fee. The fees may be paid according to the manner prescribed by the board in rules and regulations. Checks returned to the board because of insufficient funds shall result in nonrenewal of the license, which * * * will shall 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 before a license can be renewed. However, from and after the effective date of this act through December 31, 2026, any cosmetologist, barber, esthetician, nail technician or instructor who has at least ten (10) years' experience under their license and whose license has been expired for not more than ten (10) years shall not have to take the examination in order to renew their license, but shall renew their license upon payment of the required renewal fee, any adjudicated fines, and completion of any continuing education that is applicable to the license renewal as required by the board. From and after January 1, 2027, any cosmetologist, barber, esthetician, nail technician or instructor who has at least ten (10) years' experience under their license and whose license has been expired for not more than five (5) years shall not have to take the examination in order to renew their license, but shall renew their license upon payment of the required renewal fee, any adjudicated fines, and a delinquent fee for each year that their license has been expired and completion of any continuing education that is applicable to the license renewal as required by the board. All applications for the 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. (3) No license issued by the board may be renewed until all monetary fines and penalties assessed by the board to the licensee are paid in full. (4) For any license renewal after the effective date of this act and any initial license renewal, the applicant shall complete: (a) A continuing education course on the topic of human/labor trafficking; and (b) A continuing education course on the topic of domestic violence. SECTION 13. Section 73-7-21, Mississippi Code of 1972, is amended as follows: 73-7-21. (1) The board shall admit to examination for a nail technician's license any person who is at least sixteen (16) years old and who has made application to the board in proper form, who has paid the required fee, and who: (a) Has * * * a high school education or its equivalent completed the tenth grade or has been successfully enrolled in a community college, a state institution of higher learning, or a public or private college or university; and (b) Has successfully completed no less than three hundred fifty (350) hours of practice and related theory in nail technology over a period of no less than nine (9) weeks in a licensed school in which the practice of nail technology is taught in this or any other state or no less than seven hundred (700) hours in an apprenticeship program certified by the board. Examinations and all testing requirements shall be clear, objective and uniformly applied. Apprenticeships provided for in this section shall be * * * monitored or mentored by a person with an instructor license in * * * cosmetology or nail technology or a nail technician with at least fifteen (15) years of experience. Only * * * one (1) two (2) apprentices may be mentored by any person at the same time. Only two (2) apprentice mentors may operate within the same licensed salon/barber shop. (2) The board * * * may, in its discretion, shall issue to any student who has completed the prescribed hours in a licensed school or approved apprenticeship program and paid the required fee for a temporary permit until such time as the next examination may be held but not exceeding six (6) months. Such student shall be issued only one (1) temporary permit. Application for an examination and license shall be accompanied by two (2) recent passport-style photographs of the applicant. No temporary permit will be issued to an applicant from any other state to operate a beauty salon, barber shop or school of any profession regulated by the board in this state unless in case of emergency. (3) Licensed nail technicians desiring to pursue additional hours to be eligible for a license as a cosmetologist may be credited with any hours acquired in studying and training to be a nail technician which may be applied to the number of hours required for a cosmetology license examination. * * * (4) The board shall adopt regulations governing the use of electric nail files for the purpose of filing false or natural nails. ( * * *54) 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. ( * * *65) No license issued by the board may be renewed until all monetary fines and penalties assessed by the board to the licensee are paid in full. SECTION 14. 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, barber, nail technician, or esthetician who demonstrates * * * proof that the applicant holds a valid current license in another state with similar educational requirements to those required by this chapter, and that all other licensure requirements, including the passage of an examination, under this chapter are met. Applicants must also (a) successfully pass an examination and (b) pay the required reciprocity fee, which shall be paid to the board.: (a) He or she is properly licensed in good standing in another state or United States territory as a cosmetologist, barber, nail technician or esthetician; (b) The state or United States territory in which the applicant is licensed has similar education requirements to those educational requirements required by this chapter; (c) He or she has satisfied all other licensure requirements required by this chapter, including passage of an examination similar to that required by the board; and (d) Payment of a reciprocity fee to the board. Such application must be accompanied by two (2) recent passport-style photographs of the applicant. (2) * * * An instructor from any other state may be qualified for a Mississippi instructor's license upon presenting a valid instructor's license from the other state and (a) has completed training equivalent to the State of Mississippi's education and training as provided in Section 73‑7‑15 or has three (3) years or more of experience as a licensed instructor prior to application, (b) has completed six (6) semester hours in college courses approved by the board, and (c) has completed a minimum of five (5) continuing education hours in Mississippi State Board of Cosmetology and Barbering 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. The board may, upon application, issue a license by reciprocity to any instructor who demonstrates: (a) He or she is properly licensed in good standing in another state or United States territory as an instructor; (b) The state or United States territory in which the applicant is licensed has similar education requirements to those educational requirements required by this chapter or has three (3) years or more of experience as a licensed instructor prior to application; (c) He or she has satisfied all other licensure requirements required by this chapter, including passage of an examination similar to that required by the board; and (d) Payment of a reciprocity fee to the board. Such application must be accompanied by two (2) recent passport-style photographs of the applicant. Applicants shall pay the required license fee. (3) * * * An applicant for a Mississippi instructor's license by reciprocity who has not completed the college courses requirement at the time of application may apply for a onetime temporary teaching permit, which shall be valid for six (6) months and shall be nonrenewable. Such application must be accompanied by proof of enrollment in college course(s), required permit fee, two (2) recent passport photographs of the applicant and other documentation as required for application for a Mississippi instructor's license by reciprocity. Upon proof of completion of college courses and payment of the required license fee, a Mississippi instructor's license shall be issued. If an applicant has not completed an examination that is similar to that required by the board, he or she shall be eligible for examination if the applicant satisfies all other requirements set forth in subsection (1) or (2) above and submits an approved application and examination fee. Upon passage of the required examination, the appropriate license will be issued. (4) The issuance of a license by reciprocity to a military-trained applicant, military spouse or person who establishes residence in this state shall be subject to the provisions of Section 73-50-1 or 73-50-2, as applicable. SECTION 15. Section 73-7-27, Mississippi Code of 1972, is amended as follows: 73-7-27. (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. After the investigation, the board may dismiss the complaint if 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 or, the board 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 or the executive director 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. (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 an applicant, student, licensee or holder of a certificate, upon proof that such person: (a) has not complied with or has violated any of the rules and regulations promulgated by the board; (b) has not complied with an order, decision, or ruling of the board; (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; (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 applicant, licensee or holder of a certificate in a disciplinary 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 resulting from an inspection or audit shall become due and payable when the applicant, licensee or holder of a certificate incurring the penalty receives a notice in writing from the board of the penalty. The notice shall be sent by registered or certified mail or by personal service. The person to whom the notice is addressed shall have thirty (30) days from the date of the notice in which to make written application for a hearing. Any person who makes the application for a hearing 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 paid within thirty (30) 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. (c) The board may temporarily suspend a license under this chapter without any hearing, simultaneously with the institution of proceedings under this section, if it finds that the evidence in support of the board's determination is clear, competent and unequivocal that the licensee's continuation in practice would constitute an imminent danger to public health and safety. (4) At such hearings, all witnesses shall be sworn by a court reporter, and stenographic notes of the proceedings shall be taken. Any party to the proceedings, at the request of such party, 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 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 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. (8) Any and all parties to the hearing 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. 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. 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 bond. The appeal shall thereupon be heard in due course by the court, which shall review the record and make its determination thereon. (9) The board, in its discretion, may assess and charge any part or all of the costs of any disciplinary proceedings conducted under this section against the accused if the accused is found guilty of the charges. (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 - * * * No violations or The violations are minor health and safety violations that are detrimental to public safety and welfare. Violations under this class shall be * * * set at no less than Fifty Dollars ($50.00) but no more than Two Hundred Dollars ($200.00); punished as follows: (i) For a first offense, by written warning; and (ii) For a second or subsequent offense, by a fine not to exceed One Hundred Dollars ($100.00); (b) Class B - Class B violations are major health and safety concerns that are detrimental to public safety and welfare * * * and shall be set at no less than Two Hundred Fifty Dollars ($250.00) but no more than Seven Hundred Fifty Dollars ($750.00);. Violations under this class shall be punished as follows: (i) For a first offense, by written warning or by a fine not to exceed One Hundred Fifty Dollars ($150.00); and (ii) For a second or subsequent offense, by a fine not to exceed Five Hundred Dollars ($500.00); (c) Class C - Class C violations shall be set at no less than * * * Eight Hundred Dollars ($800.00) Five Hundred Dollars ($500.00) but no more than * * * One Thousand Dollars ($1,000.00) Seven Hundred Fifty Dollars ($750.00) and are violations 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 regulated by the board without a license. These violations will be handled in accordance with the requirements of Section 73-7-27 or Section 73-7-37 when applicable; and (ii) Extremely dangerous to the health and safety of the public. 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 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. (12) Notwithstanding any other provision of law, unlicensed practice or practicing one (1) of the professions regulated by the board without a license or temporary permit by an individual who has otherwise satisfactorily passed the prescribed examination pursuant to Section 73-7-13, 73-7-13.1, 73-7-18 or 73-7-21, as the case may be, during any period of time in which no board or formal board rules and regulations to enable issuance of such a license were in place shall not be subject to any discipline or fines under this chapter. SECTION 16. Section 73-7-29, Mississippi Code of 1972, is amended as follows: 73-7-29. The board shall assess fees in the following amounts and for the following purposes: (a) Initial license/renewal for cosmetologist, barber, nail technician or esthetician................................ $ 50.00 (b) Instructor initial license/renewal........... 80.00 (c) * * * Master license/renewal 70.00 [Deleted] (d) Delinquent renewal penalty - cosmetologist, barber, nail technician, esthetician and instructor..................... 50.00 There shall be no renewal fee for any licensee seventy (70) years of age or older. (e) Salon/barber shop application and initial inspection.......................................................... 85.00 (f) Salon/barber shop reinspection............... 35.00 (g) Application under reciprocity or UROLA....... 55.00 (h) Salon/barber shop renewal................... 60.00 (i) Salon/barber shop 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 (s) Demonstrator permit......................... 10.00 An applicant who applies under the Military Family Freedom Act shall not be charged a fee. An applicant for an initial license for cosmetologist, barber, nail technician or esthetician, shall not be charged a fee if the applicant produces documentation of his or her participation in either a program administered by the Mississippi Division of Medicaid, the Temporary Assistance for Needy Families Program or the Supplemental Nutrition Assistance Program administered by the Department of Human Services, or the Women, Infants and Children's Nutrition Program administered by the State Department of Health. The board 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 shall be authorized to make refunds of any deposits received by the board for services which are not rendered. Refunds * * * will automatically shall be made on overpayment of fees subject to rules and regulations promulgated by the State Fiscal Officer. All other refunds * * * will shall be made upon the written requests from applicants. If no request for refund is made within sixty (60) days, the fees * * * will shall be forfeited. SECTION 17. Section 73-7-31, Mississippi Code of 1972, is amended as follows: 73-7-31. Nothing in this chapter shall apply to: (a) Cosmetology, barbering, nail technology or * * * facial treatments esthetics services given in the home to members of family or friends for which no charge is made. Cosmetology, barbering, nail technology or * * * facial treatments esthetics services given at an event venue to members of family or friends for which no charge is made may be permitted upon the express, written approval of the board. (b) 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 these three (3) such practices and still be exempt from this chapter. (c) Persons engaged in the practice of hair braiding as defined in Section 73-7-71 who have completed the self-test part of the brochure on infection control techniques prepared by the State Department of Health and who keep the brochure and completed self-test available at the location at which the person is engaged in hair braiding. SECTION 18. Section 73-7-33, Mississippi Code of 1972, is amended as follows: 73-7-33. In addition to the rules and regulations that may be prescribed and promulgated by the board under authority of this chapter, the following rules and regulations shall be observed: (a) Every establishment must be kept sanitary, including all * * * utensils tools and equipment, must be well ventilated and properly lighted. Each salon/barber shop must be provided with hot and cold running water. Electrical appliances must be properly installed and grounded. * * * (b) Cosmetologists, barbers, estheticians and nail technicians shall be allowed to wear any type of clothing or apparel while at work as long as such clothing or apparel is clean and sanitary. (c) Cosmetologists shall be allowed to use any type of hair roller as long as they do so in a sanitary manner. ( * * *db) Persons with a communicable disease or parasitic infection that is medically recognized to be a direct threat of transmission by the type of contact that practitioners have with clients are not to be permitted to practice in an establishment until their condition is no longer communicable under those circumstances. No work shall be performed on any patron having a visible disease unless the patron shall produce a certificate from a practicing physician stating that the patron is free from infectious, contagious or communicable disease. A license regulated by the board does not authorize such licensee to treat or prescribe for an infectious, contagious or any other disease. ( * * *ec) A home salon/barber shop must have a solid wall to the ceiling with an outside entrance, or if a door exists between the salon/barber shop and the remainder of the house, the door must be kept closed at all times while service is being rendered. SECTION 19. Section 73-7-35, Mississippi Code of 1972, is amended as follows: 73-7-35. (1) No person licensed pursuant to this chapter shall practice his or her profession except within the physical confines of a salon/barber shop possessing * * * and displaying a properly executed license issued pursuant to Section 73-7-17. However, this requirement shall not prevent a person from rendering his or her services to any person who may be confined to his or her home, a hospital, a skilled nursing facility, a long-term care hospital, a comprehensive medical rehabilitation facility or other place as a result of illness, and cosmetologists * * * and, barbers, estheticians and nail technicians shall be permitted to render their services to deceased persons away from their salon/barber shop. (2) No salon/barber shop owner licensed pursuant to this chapter shall allow a cosmetologist, barber, esthetician, or nail technician to practice his/her profession in the salon/barber shop without possessing a valid license issued pursuant to this chapter. (3) Nothing in this section shall prevent a person licensed pursuant to this chapter from rendering his or her services at the physical practice location of a physician, physician's assistant, or advanced practice registered nurse, or require such a practice location to be licensed pursuant to this chapter. SECTION 20. Section 73-7-9, Mississippi Code of 1972, is amended as follows: 73-7-9. No person required by this chapter to have a license shall conduct a school of any profession regulated by the board, salon or barber shop, or practice cosmetology, barbering, esthetics, nail technology, or practice as an instructor, unless such person has received a license or temporary permit therefor from the board. Anyone determined to have violated any of these rules or regulations prior to being licensed by the board, except as provided in Section 73-7-27(12), shall be subject to the same discipline by the board as licensees. They may be disciplined and fined accordingly. SECTION 21. Section 73-7-37, Mississippi Code of 1972, is amended as follows: 73-7-37. (1) The violation of any of the provisions of this chapter, including the use of fraudulent statements to obtain any benefits or privileges under this chapter or practicing one (1) of these professions without a license, except as provided in Section 73-7-27(12), shall constitute a misdemeanor, punishable in any court of competent jurisdiction at the seat of government, and any person or firm convicted of the violation of any of the provisions of this chapter shall be fined not less than Five Hundred Dollars ($500.00) but not more than One Thousand Dollars ($1,000.00). The court shall not be authorized to suspend or suspend the execution of the fine required under this section. (2) If any person, salon, school or other type of business entity engaged in the practice or teaching of the professions regulated by the board violates any of the provisions of this chapter, the secretary of the board, upon direction of a majority of the board and in the name of the board, acting through the Attorney General or an attorney employed by the board, shall apply in the chancery court of the county in Mississippi in which the person or licensee resides or in the county which the person or licensee practices, or the county in which the salon, school, or other type of business entity is located, for an order enjoining such violation or for an order enforcing compliance with the provisions of this chapter. Upon the filing of a verified petition in the chancery court and after notice as provided under the Mississippi Rules of Civil Procedure, such court, if satisfied by the sworn petition, by affidavit or otherwise, that such person or entity has violated any of the provisions of this chapter, may issue an injunction without notice or bond, enjoining such continued violation and such injunction shall remain in force and effect until a final hearing. If at such hearing it is established that such person or entity has violated or is violating any of the provisions of this chapter, the court may enter a decree permanently enjoining such violation or enforcing compliance with this chapter. In addition, the court may enter a judgment against such person or entity for attorney's fees, court costs and the actual costs incurred by the board in investigating the actions of such person for which the board brought the suit for an injunction. In case of violation of any decree issued in compliance with this subsection, the court may punish the offender for contempt of court and the court shall proceed as in other cases. (3) The proceedings in this section shall be in addition to and not in lieu of the other remedies and penalties provided in this chapter. SECTION 22. The following shall be codified as a separate section within Chapter 7, Title 73, Mississippi Code of 1972: 73-7-__. Any licensed cosmetologist, barber, esthetician, or nail technician who is registered but not actively practicing in the State of Mississippi at the time of making application for renewal of an active license, may apply for registration as inactive status. Such "inactive" status list shall be maintained by the board and shall set out the names and post office addresses of all persons registered but not actively practicing in this state, arranged alphabetically by name and also by the municipalities and states of their last-known professional or residential address. Only the cosmetologists, barbers, estheticians and nail technicians registered on the appropriate list as actively practicing in the State of Mississippi shall be authorized to practice those professions. No cosmetologist, barber, nail technician or esthetician shall be registered on the "inactive" list until the person has furnished a statement of intent to take such action to the board. Any licensed cosmetologist, barber, nail technician or esthetician, who is registered on the "inactive" status list shall not be eligible for active licensure status until either of the following conditions have been satisfied: (a) Written application shall be submitted to the board stating the reasons for such inactivity and setting forth such other information as the board may require on an individual basis and completion of the number of clock hours of continuing education as approved by the board; or (b) Evidence to the satisfaction of the board shall be submitted that they have actively practiced their profession in good standing in another state and have not been guilty of conduct that would warrant suspension or revocation as provided by applicable law; and (c) Payment of the fee for processing such inactive license shall be paid biennially in accordance to board rules. SECTION 23. Section 73-7-14, Mississippi Code of 1972, is amended as follows: 73-7-14. (1) Any person who holds a current, valid cosmetology, barbering, nail technology, or esthetics license may be licensed as a master cosmetologist, barber, nail technician or esthetician if he or she has been a licensed cosmetologist, barber, nail technician 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 of continuing education approved by the board within the licensing period preceding initial application for the license, and has paid the original license fee. Master cosmetologist, barber, nail technician or esthetician licenses shall be renewable upon completion of a minimum course of eight (8) hours of continuing education approved by the board within a licensing period and payment of the required renewal fee. This is an optional license and pertains only to individuals wishing to complete the continuing education requirement. (2) Each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section 93-11-64. (3) No license issued by the board may be renewed until all monetary fines and penalties assessed by the board to the licensee are paid in full. (4) This section shall stand repealed on the effective date of this act. SECTION 24. Section 73-7-5, Mississippi Code of 1972, is brought forward as follows: 73-7-5. (1) All fees and any other monies received by the board shall be deposited in a special fund that is created in the State Treasury and shall be used for the implementation and administration of this chapter when appropriated by the Legislature for such purpose. The monies in the special fund shall be subject to all provisions of the state budget laws that are applicable to special fund agencies, and shall be disbursed by the State Treasurer only upon warrants issued by the State Fiscal Officer upon requisitions signed by the president of the board or another board member designated by the president, and countersigned by the secretary of the board. Any interest earned on this special fund shall be credited by the State Treasurer to the fund and shall not be paid into the State General Fund. Any unexpended monies remaining in the special fund at the end of a fiscal year shall not lapse into the State General Fund. (2) The State Auditor shall audit the financial affairs of the board and the transactions involving the special fund at least once a year in the same manner as for other special fund agencies. In addition, the Governor, in his discretion, shall have the power from time to time to require an audit of the financial affairs of the board, the same to be made by the State Auditor upon request of the Governor. The Governor shall have the power to suspend any member of the board who shall be found in default in any account until such time as it shall be determined whether such default was a result of an act of dishonesty on the part of the member, and in the event it is found that such default is an act of dishonesty, misfeasance or nonfeasance on the part of the member, such member shall be immediately removed by the Governor from office. SECTION 25. Section 73-7-7, Mississippi Code of 1972, is brought forward as follows: 73-7-7. (1) The board shall have authority to make reasonable rules and regulations for the administration of the provisions of this chapter. The board shall set up a curriculum for operation of schools of all of the professions that it is charged to regulate in this state. The board shall receive and consider for adoption recommendations for rules and regulations, school curriculum, and related matters from the Mississippi Cosmetology and Barbering Council, whose membership shall consist of, in addition to the six (6) appointed board members, five (5) elected delegates from the Mississippi Cosmetology and Barbering Association, five (5) elected delegates from the Mississippi Cosmetology and Barber School Association, five (5) elected delegates from the Mississippi Esthetics Association, five (5) elected delegates from the Mississippi Independent Beauticians and Barbers Association, and five (5) elected delegates from the Cosmetology and Barbering School Owners and Teachers Association. The board may revoke the license or may refuse to issue a license to any cosmetologist, barber, esthetician, nail technician, instructor, school of any profession regulated by the board, or salon/barber shop that fails or refuses to comply with the provisions of this chapter and the rules and regulations of the board in carrying out the provisions of this chapter. (2) The board shall have authority to prescribe reasonable rules and regulations governing sanitation of schools of all professions regulated by the board, salons, and barber shops for the guidance of persons licensed under this chapter in the operation of schools of all professions regulated by the board, salons or barber shops, and in the practice of cosmetology, barbering, esthetics, and nail technology. However, any and all rules and regulations relating to sanitation shall, before adoption by the board, have the written approval of the State Board of Health. When the board has reason to believe that any of the provisions of this chapter or of the rules and regulations of the board have been violated, either upon receipt of a written complaint alleging such violations or upon the board's own initiative, the board, or any of its authorized agents, shall investigate same and shall have authority to enter upon the premises of a school of any profession regulated by the board, salon or barber shop at any time during the regular business hours of that school, salon or barber shop to conduct the investigation. Such investigation may include, but not be limited to, conducting oral interviews with the complaining party, school, salon or barber shop owner(s) and/or students of the school, and reviewing records of the school, salon or barber shop pertinent to the complaint and related to an area subject to the authority of the board. Such investigation shall not include written interviews or surveys of school employees or students, and the privacy of patrons shall be respected by any person making such investigation. (3) The board shall adopt regulations to ensure that all fingernail service products used by licensees regulated by the board do not contain methyl methacrylate (MMA) as a monomer agent for cosmetic nail applications. (4) If the board finds that a violation of the provisions of this chapter or the rules and regulations of the board has occurred, it may cause a hearing to be held as set forth in Section 73-7-27. SECTION 26. Section 73-7-25, Mississippi Code of 1972, is brought forward as follows: 73-7-25. Every demonstrator in the field of cosmetology, barbering, esthetics or nail technology shall, before making demonstrations in a salon, barber shop 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 a salon, barber shop and schools. SECTION 27. This act shall stand repealed on June 30, 2028. SECTION 28. This act shall take effect and be in force from and after its passage.
Every fact on this page links to its source, starting with the official bill record.