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StatuteRule73-7-33Schedule of FinesViolationIssued toEstablishment, utensils/equipmentnot sanitaryPermitting practitioner withinfectious disease to practiceOwner/ManagerOwner/ManagerPracticing in establishment withinfectious/contagious 34.2(A)(1)(f)4.34.3(C)(2)4.3(C)(5)4.3(C)(6)Fine Amount1st2nd &Violation 0Working in unlicensed/expired salonPractitioner50200Allowing a practitioner to practicewithout a valid licenseSanitation Rules & Regulations notposted in establishmentFailure to allow/interference withinspectionPractitioner license not posted in aconspicuous place; or photo copy oflicense postedSpecific device certification ofproficiency not posted in aconspicuous placeIndividual claiming to be licensedwould not provide IDIndividual with duplicate licenseposted would not provide IDStudent working on permit withoutsupervisorApplicant for instructor’s license byreciprocity working without one-timeteaching permitEstablishment providing servicesoutside scope of licenseSalon has not continued to meetminimum equipment requirementsEsthetics treatment area does notprovide client privacyNo container for soiled estheticianlinensNo storage for clean er50200Owner502009

1(A)7.1(B)7.3(A)Schedule of FinesViolationSalon owner has not notified Boardof sale of salonSchool does not have full-time leadinstructorSchool has not maintained minimumequipment requirementsBoard not notified of changes ininstruction staffStudent/Instructor ratio exceeds thatrequired by ruleSchool has not reported instructorabsenceInstructor/student instructorpracticing on patronStudent practice work not checked byinstructorLicenses/Rules & Regulations/Student work notice not postedSchool not separated from otherbusinessRequired equipment & supplies notissued to studentsFailure of school to provideminimum theory hours per weekStudents and/or instructors notwearing badgesStudents allowed to work on clinicfloor prior to receiving minimumhoursStudents not properly signed/clockedinDaily report not availableFailed to appear before Board and/orsubmit Compliance PlanOwner/Manager has not maintainedsanitary conditions in establishmentPractitioner workspace not sanitaryEstablishment not clean or goodcondition10Issued toOwnerFine ctitionerOwner/Manager100400100100400400

.6(B)Schedule of FinesViolationFloors where services are performednot non-porousSolid waste/refuse not stored/removed properly from commonareasSolid waste/refuse notstored/removed from workspaceHair/Nail clippings not removed aftereach clientAnimals prohibited in establishmentexcept for registered service animalDrinking water not provided or notconvenientDrinking fountain not sanitaryIssued 5020050200Owner/ManagerOwner/ManagerUsing a common drinking cup orOwner/glassManagerRestroom facility not clean or in good Owner/conditionManagerRestroom facility not wellOwner/lit/ventilated to outside airManagerRestroom facility without hot water,Owner/pressure, soap or towelsManagerRestroom facility solid waste/refuseOwner/not stored/removed properlyManagerNot washing hands before/after each Practitionerclient/after use of restroomPracticing in establishment withPractitionerinfectious/contagious diseaseServicing client with communicablePractitionerdisease/parasitic infectionAllowing infected practitioner toOwner/service clientManagerHeadrest chair not covered with clean PractitionercoveringShampoo bowls not clean or in good Owner/conditionManagerSoiled towels/linens not deposited in Owner/Managclosed receptacleer/Practitioner11Fine Amount1st2nd &Violationsubsequentviolation(s)50200

)7.12(B)7.12(B)(4)Schedule of FinesViolationClosed cabinet not provided/cleantowels not stored in closed containerBottles/containers not labeled/poisonsnot stored separatelyMore than 2 gallons acetone stored insalonLabeled receptacle not provided forsoiled itemsUnsanitizable items not immediatelydestroyed after useCarrying instruments/supplies in/ongarmentsBrush-type neck duster prohibitedCredo blades and scalpels areprohibited in servicesWork surfaces not disinfected aftereach clientInstruments not properly sanitizedprior to next useWet disinfectant does not meetprescribed standardLevel of wet sanitizer not adequate tosanitize itemsWet disinfectant not covered orlabeledSolution in wet sanitizer iscontaminatedClean instruments, brushes not keptin clean receptacleTools/implements in contact withblood not properly disinfectedInstruments not stored in 70% alcoholduring manicureUsed manicure implements notremoved from station after each clientWhirlpool foot spa not properlycleaned/disinfectedWhirlpool foot spa records notmaintained12Issued toOwnerFine Amount1st2nd /PractitionerOwner/ Manager100400100400Owner/ 0400

dule of FinesViolationRemoval of moles, blemishes, or anytype of tissue destruction by anymethod is prohibitedBottles/containers not properly closedLotion or liquid not poured intosanitized glass or containerHealth & safety standards forwax/waxing not followedMMA products used inmanicure/pedicure procedureIssued toPractitionerFine Amount1st2nd ource: Miss. Code Ann. §§ 73-7-7, 73-7-27 (Rev. 2013)Rule 1.8 Violations of Law, Rules and RegulationsA.All establishments licensed by the Mississippi State Board of Cosmetology shall beinspected at least once per year to insure compliance with the laws, rules and regulationsof the Mississippi State Board of Cosmetology. Failure to allow or interference with aninspection will result in the issuance of a citation.B.In any instance of non-compliance with the Board’s laws, rules and regulations, a citationwill be issued to the student or practitioner and/or salon owner/manager and/or schoolmanager/owner. The named individual in the citation will be notified at least twenty (20)days in writing of a hearing before the Board regarding the violation(s) on the citationform(s). After a hearing, the Board may revoke, suspend or refuse to issue or renew anylicense or certificate, fine, place on probation or otherwise discipline any student orlicensee or holder of a certificate pursuant to Section 73-7-27 of the Mississippi CodeAnnotated of 1972 as amended.C.Multiple violations can occur simultaneously when different individuals are involved inviolating any provisions of the Board’s laws, rules, and regulations.Source: Miss. Code Ann. § 73-7-7 (Rev. 2013)Rule 1.9 ComplaintsA.Any person may file a complaint with the Board of Cosmetology in accordance withSection 73-7-27 of the Mississippi Code of 1972 as amended.13

B.The complaint must be in writing, on a form prescribed by the Board. It must be signed,notarized, and accompanied by a release form, and a consent form that states thecomplainant agrees to testify to the allegations, and that the complainant understands thatthe information becomes public record once the investigation is over.C.When the investigation has been completed, the complaint case will be presented to theBoard, at which time the Board may:1.2.D.Dismiss the complaint, orInitiate a formal complaint and notice of hearing.Both the complainant and the accused will be notified of the Board’s decision.Source: Miss. Code Ann. § 73-7-7 (Rev. 2013)Rule 1.10 Standards Related to Competent PracticeA.A practitioner may provide advanced services which are within his or her scope ofpractice, as defined in Section 73-7-2 of the Mississippi Code of 1972 as amended, underthe following conditions:1.The practitioner obtains appropriate education relative to the services to beprovided;2.The practitioner demonstrates appropriate knowledge, skills, and abilities toprovide the service;3.The practitioner maintains documentation satisfactory to the Board of meeting theabove requirements.4.The service does not involve a function or procedure which is prohibited by anyother law or rule.5.The practitioner is prohibited in using animals in any procedure or service.6.The use of credo blades and/or scalpels is prohibited in any procedure or service.In addition, credo blades and scalpels are prohibited on the premises of anylicensed establishment.Practitioners are prohibited in using brush-type neck dusters in any establishment.7.B.Microdermabrasion and Dermaplaning1.A cosmetologist or esthetician providing services involving exfoliation must limitthe exfoliation to the stratum corneum cells only. Microdermabrasion equipmentmust be approved by the Federal Food and Drug Administration (FDA) as a ClassI device intended for use by licensed practitioners. The practitioner must14

prominently display a certificate of training proficiency for each type ofequipment used, and must comply with the manufacturer’s directions in the use ofeach product. The use of FDA class 2 or class 3 devices is prohibited.2.C.Dermaplaning is prohibited from practice by any license holder of the Board.Electric nail file:1.Any individual utilizing or planning to utilize an electric file in any manicuringprocedure must first present Board approved certification that they are proficientin the use of the instrument.2.The electric nail file certification of proficiency must be posted in a conspicuousplace at all times.3.Any instructor or student instructor teaching or planning to teach the use of theelectric file in any manicuring procedure must first present Board approvedcertification that they are proficient in the use of the instrument.4.The instructor’s or student instructor’s electric file certification of proficiency mustbe posted in a conspicuous place in the school at all times.5.Any electric nail file utilized in any manicuring procedure must be specificallydesigned for use on the human nail. The individual utilizing the instrument mustbe able to provide that documentation upon demand.Source: Miss. Code Ann. §§ 73-7-7, 73-7-1, 73-7-14 (Rev. 2013)Rule 1.11 Oral Proceedings on Proposed RulesA.This rule applies to all oral proceedings held for the purpose of providing the public withan opportunity to make oral presentations on proposed new rules and amendments torules before the Board pursuant to Section 25-43-104 of the Mississippi Code of 1972 asamended.1.The Board will conduct an oral proceeding on a proposed rule or amendment ifrequested by a political subdivision, an agency or ten (10) persons in writingwithin twenty (20) days after the filing of the notice of the proposed rule.2.Each request must be printed or typewritten, or must be in legible handwriting.Each request must be submitted on standard business letter-size paper (8 1/2x11inches). Requests may be in the form of a letter addressed to the Board and signedby the requestor(s).3.The date, time and place of all oral proceedings shall be filed with the Secretaryof State’s office and mailed to each requestor. The oral proceedings will be15

scheduled no earlier than twenty (20) days from the filing of this information withthe Secretary of State.4.B.C.The Board President or his designee, who is familiar with the substance of theproposed rule, shall preside at the oral proceeding on a proposed rule.Public Presentations and Participation1.At an oral proceeding on a proposed rule, persons may make oral statements andmake documentary and physical submissions, which may include data, views,comments, or arguments concerning the proposed rule.2.Persons wishing to make oral presentations at a proceeding shall notify the Boardat least one (1) business day prior to the proceeding and indicate the generalsubject of their presentations. The presiding officer in his or her discretion mayallow individuals to participate that have not previously contacted the Board.3.At the proceeding, those who participate shall indicate their name and address,identify any person(s) or organization(s) they may represent, and provide anyother information relating to their participation deemed appropriate by thepresiding officer.4.The presiding officer may place time limitations on individual oral presentationswhen necessary to assure the orderly and expeditious conduct of the oralproceeding. To encourage joint oral presentations and to avoid repetition,additional time may be provided for persons whose presentations represent theviews of others as well as their own views.5.Persons making oral presentations are encouraged to avoid restating matters thathave already been submitted in writing.6.There shall be no interruption of a participant who has been given the floor by thepresiding officer, except that the presiding officer may in his or her discretioninterrupt or end the participant’s time where the orderly conduct of the proceedingso requires.Conduct of Oral Proceeding1.The presiding officer shall have authority to conduct the proceeding in his or herdiscretion for the orderly conduct of the proceeding.2.The presiding officer shall:a.Call proceeding to order.16

b.Give a brief synopsis of the proposed rule, a statement of the statutoryauthority for the proposed rule, and the reasons provided by the Board forthe proposed rule.c.The presiding officer, where time permits and to facilitate the exchange ofinformation, may open the floor to questions or general discussion. Thepresiding officer may question participants and permit the questioning ofparticipants by other participants about any matter relating to that rulemaking proceeding, including any prior written submissions made bythose participants in that proceeding; but no participant shall be requiredto answer any question.d.Submissions presented by participants in an oral proceeding shall besubmitted to the presiding officer. Such submissions become the propertyof the Board and are subject to the Board’s public records requestprocedure.e.The Board may record oral proceedings by stenographic or electronicmeans.Source: Miss. Code Ann. §§ 73-7-7 (Rev. 2013); § 25-43-2.105 (Rev. 2006)Rule 1.12 Declaratory OpinionsA.These rules set forth the Board of Cosmetology’s rules governing the form and contentrequests for declaratory opinions, and the Board’s procedures regarding the requests, asrequired by Section 25-43-103 of the Mississippi Code of 1972 as amended. These rulesare intended to supplement and be read in conjunction with the provisions of theMississippi Administrative Procedures Law, which may contain additional informationregarding the issuance of declaratory opinions. In the event of any conflict between theserules and the Mississippi Administrative Procedures Law, the latter shall govern.1.Any person with a substantial interest in the subject matter may request adeclaratory opinion from the Board by following the specified procedures.“Substantial interest in the subject matter” means an individual, business, groupor other entity that is directly affected by the Board’s administration of the lawswithin its primary jurisdiction. “Primary jurisdiction of the Board” means theBoard has a constitutional or statutory grant of authority in the subject matter atissue.2.The Board will issue declaratory opinions regarding the applicability to specifiedfacts of :a.b.A statute administered or enforceable by the Board, orA rule promulgated by the Board.17

The Board will not issue a declaratory opinion regarding a statute or rule which isoutside the primary jurisdiction of the Board.3.The Board may, for good cause, refuse to issue a declaratory opinion. Thecircumstances in which declaratory opinions will not be issued include, but arenot necessarily limited to:a.Lack of clarity concerning the question presented;b.There is pending or anticipated litigation, administrative action, or otheradjudication which may either answer the question presented by therequest or otherwise make an answer unnecessary;c.The statute or rule on which a declaratory opinion is sought is clear andnot in need of interpretation to answer the question presented by therequest;d.The facts presented in the request are sufficient to answer the questionpresented;e.The request fails to contain information required by the rules or therequestor failed to follow the procedures set forth in these rules;f.The request seeks to resolve issues which have become moot, or areabstract or hypothetical such that the requestor is not substantially affectedby the statute or rule on which a declaratory opinion is sought;g.No controversy exists concerning the issue as the requestor is not facedwith existing fact or those certain to arise which raise a questionconcerning the application of the statute or rule;h.The question presented

Part 2101: Cosmetology, Board of Part 2101 Chapter 1: General Rule 1.1 Authorization and Applicability A. The following Rules and Regulations are adopted in conformity with Chapter 7 of Title 73 of the Mississippi Code of 1972 as amended, pursuant to the authority vested in the Mississippi State Boa