Transcription
Mississippi State Board of CosmetologyRules and RegulationsEffectiveDecember 17, 20171
Table of ContentsChapter 1: GeneralRule 1.1Rule 1.2Rule 1.3Rule 1.4Rule 1.5Rule 1.6Rule 1.7Rule 1.8Rule 1.9Rule 1.10Rule 1.11Rule 1.12Rule 1.13Authorization and ApplicabilityDefinitionsCommunicationsRequests for Public RecordsBoard MeetingsPosting Laws, Rules, Notices and BulletinsSchedule of FinesViolations of Laws, Rules and RegulationsComplaintsStandards Related to Competent PracticeOral Proceedings on Proposed RulesDeclaratory OpinionsFeesChapter 2: LicensureRule 2.1Licenses Issued by the BoardRule 2.2Photograph Required on All LicensesRule 2.3Display of License and Certificate(s) of Proficiency,Photograph IdentificationRule 2.4Duplicate LicenseRule 2.5Outdated LicenseRule 2.6FeesRule 2.7General provisions regarding licensure by examinationRule 2.8Examination Eligibility for In-State ApplicantsA.Eligibility Requirements for PractitionerB.Eligibility Requirements for InstructorRule 2.9Examination Eligibility for Out-of-State ApplicantsA.Eligibility Requirements for PractitionerB.Eligibility Requirements for InstructorRule 2.10Examination Eligibility for Out-of-Country ApplicantsA.Eligibility Requirements for Examination – PractitionerB.Eligibility Requirements for Examination – InstructorRule 2.11Licensure by Reciprocity – PractitionerRule 2.12Licensure by Reciprocity – InstructorRule 2.13Reciprocity for Military Personnel and Military SpousesRule 2.14Wigology License RenewalRule 2.15Postsecondary School of CosmetologyChapter 3: PermitsRule 3.1Rule 3.2Rule 3.3Demonstrator’s PermitPermit to WorkOne-Time Temporary Teaching Permit 7394042434344
Chapter 4: SalonsRule 4.1Rule 4.2Rule 4.3Rule 4.4Rule 4.5Chapter 5: SchoolsRule 5.1Rule 5.2Rule 5.3Rule 5.4Rule 5.5Rule 5.6Rule 5.7Rule 5.8Rule 5.9Rule 5.10Rule 5.11Rule 5.12Rule 5.13Rule 5.14Rule 5.15Rule 5.16Rule 5.17Rule 5.18Rule 5.19Rule 5.20Rule 5.21Rule 5.22Rule 5.23Rule 5.24Applicant for Instructor’s License by Reciprocity45Prohibition Regarding Unlicensed PracticeProcedure for the Opening of a New SalonRequired EquipmentSalon Change of Ownership; Addition or Change of Partners;Change of Location; Change of Business Name474748Nursing Home Salons53Prohibition Regarding Unlicensed PracticeProcedure for the Opening of a New SchoolRequired Space for SchoolsRequired EquipmentName of SchoolSchool AdvertisingSchool Change of Ownership; Addition or Change of Partners;Change of Location; Change of Business Name;Renovation of Existing SchoolSatellite ClassroomInstruction StaffRequired DisplaySeparation of Schools from Other BusinessesServices for the Public; RestrictionsStudent School ContractsSchool InspectionsSchool ClosureRequirements for Student EnrollmentStudent Equipment and SuppliesCurriculumStudent AttendanceTransfer StudentsInsignia or BadgesWork upon a PatronRecords, Forms and ApplicationsLicensing Examination Pass/Fail Ratio535356566060Chapter 6: Continuing EducationRule 6.1DefinitionsRule 6.2Continuing Education RequirementsRule 6.3Credit for CEIT/MC/MM/ME HoursRule 6.4Documentation for Continuing Education 85
Chapter 7: SanitationRule 7.1Rule 7.2Rule 7.3Rule 7.4Rule 7.5Rule 7.6Rule 7.7Rule 7.8Rule 7.9Rule 7.10Rule 7.11Rule 7.12Rule 7.13Rule 7.14Rule 7.15EnforcementPosting of Sanitation RulesInteriorPersonal SanitationChairs, Shampoo Boards and BowlsLinens and TowelsBottles and ContainersInstruments and SuppliesDisinfecting Work Surfaces, Instruments,Materials and SuppliesDisinfecting Electric Clippers and Metal InstrumentsDisinfecting Manicure Instruments WhileIn Use on a PatronCleaning and Disinfecting Whirlpool Foot SpasBlood Spill ProceduresHealth and Safety IssuesCreams, Lotions, Powder and Other Cosmetics868687888989899091929293949596Chapter 8: Disciplinary and Administrative ActionsRule 8.1Rule 8.2Rule 8.3Rule 8.4Rule 8.5Rule 8.6ComplaintsNotice of Formal Complaint and Administrative HearingAdministrative Hearing ProceedingsSanctionsAppeals497979999100100
Title 30:Professions and OccupationsPart 2101:Cosmetology, Board ofPart 2101 Chapter 1: GeneralRule 1.1 Authorization and ApplicabilityA.The following Rules and Regulations are adopted in conformity with Chapter 7 of Title73 of the Mississippi Code of 1972 as amended, pursuant to the authority vested in theMississippi State Board of Cosmetology (“Board”).B.These Rules and Regulations are applicable to all persons licensed or registered inaccordance with the provisions of Chapter 7 of Title 7 of the Mississippi Code of 1972 asamended, and are effective as of July 1, 2000 and will continue pursuant to law.Source: Miss. Code Ann. § 73-7-7 (Rev. 2013)Rule 1.2 DefinitionsAs used in this Chapter, unless the context otherwise requires:A.“Accelerated Hours” means to reduce the time-frame (not clock hours) required forcourse completion by compressing into shorter period.B.“Agent” means a member of the Board or any of its authorized representatives.C.“Applied effort” means the time devoted to the study of theory, attendance at theoryclasses, and the actual performance or all practical skills.D.“Average daily attendance” means the average daily attendance over a three-monthperiod of the students enrolled in a school.E.“Board” means the Mississippi State Board of Cosmetology.F.“Cosmetology Law” or “Law” means Chapter 7 of Title 73 of the Mississippi Code of1972 as amended.G.“Passport photograph” means a two inch by two inch (2”x2”) photograph of theapplicant/licensee taken recently prior to the date of application or renewal of license.The person must be recognizable in the photograph.H.“Establishment” means cosmetological establishment; school or salonI.“Extenuating Circumstances” means special circumstances that account for an irregularway of doing things.5
J.“Full Time” means not less than twenty-five (25), nor more than forty (40) hours perweek.K.“Hours” means clock hours.L.“Sink” means a basin fixed to a wall, countertop or floor, having a drainpipe and pipedsupply of hot and cold water.M.“Lead Instructor” means the instructor who is in charge of the teaching program at alicensed school.N.“License” means original or duplicate as issued by the Board.O.“Make-up Hours” are clock hours acquired in excess of the 40 hours per week maximum,which may be applied to missed time, in the calendar month in which they were acquired.P.“Part Time” means anything less than full time as defined in this rule.Q.“Practitioner” means a licensed person who is practicing one of the professions regulatedby the Mississippi State Board of Cosmetology, as defined in Section 73-7-2 of theMississippi Code of 1972 as amended.R.“Salon” means a licensed establishment operated for the purpose of engaging in thepractice of cosmetology, or manicuring and pedicuring, or esthetics, or all.S.“School” means a licensed establishment, public or private, operated for the purpose ofteaching cosmetology, or manicuring, or pedicuring, or esthetics, or all.T.“School premises” means buildings, grounds, and parking lots of the school.U.“State” means the State of Mississippi.V.“Student” means any person attending classes in a school licensed by the Board.W.“Student Instructor” means any person licensed as a cosmetologist, manicurist oresthetician enrolled in an instructor training program in a school licensed by the Boardunder the supervision of an instructor.X.“Subject” means instruction and training or study of a theoretical or skill operation.Source: Miss. Code Ann. §§ 73-7-7, 73-7-2 (Rev. 2013)6
Rule 1.3 CommunicationsAll communications with reference to licensure, rules and regulations or general informationshould be addressed to the Mississippi State Board of Cosmetology, P. O. Box 55689, Jackson,Mississippi 39296-5689. Issues related to schools and application for examinations should bedirected to the Department of School Coordination. Issues related to examination should bedirected to the contracted testing service.Source: Miss. Code Ann. § 73-7-7 (Rev. 2013)Rule 1.4 Requests for Public RecordsA.The only information that is made available to the public via telephone inquiry is whetheror not an individual, salon, or school is licensed by the Board, and whether or not thelicense is current. All other requests for information must be submitted in writing to theBoard office and will be released only after a) review and determination as to whether theinformation requested is a public record as defined by the Mississippi Public Records Actof 1983, Miss. Code Ann. Sections 25-61-1 through 25-61-17, and b) the cost to producethe record has been collected. Public records requests may not be made via Email.B.The Board will respond to a public records request within seven (7) days from the datethe request is received.C.In considering the cost of production of the record, the following will be included: a) costof production of copies, b) expendable printer supplies, c) cost of record research by amember of the Board staff, and d) mailing costs. Any other unforeseen costs will bedisclosed to the individual requesting the record.D.Licensure application files, including, but not limited to examination results are notconsidered public record, and may be released only upon written consent of thelicensee/examinee. A request for public record, including a third party release, will beconsidered only after or at the time the record is actually created.Source: Miss. Code Ann. § 73-7-7 (Rev. 2013)Rule 1.5 Board MeetingsA.The Board holds its meetings on the last Monday of each month, beginning at 9:00 a.m.,unless extenuating circumstances exist which preclude same. In the event a Boardmeeting is scheduled at another time, notice will be posted on the Board’s website.B.A majority of the Board constitutes a quorum.C.All Board meetings are open to the public, and the public is welcome. However,members of the public may not participate in business discussion unless invited to do so.7
D.Members of the public must submit an “Agenda Request Form” to the Board office atleast one (1) week in advance of the regularly scheduled meeting to be placed on theagenda.E.Any written requests for consideration without personal appearance at the meeting mustbe submitted to the “Agenda Request Form” to the Board office no later than one (1)week preceding the regularly scheduled meeting.F.The Board may, in its discretion, designate a period for public comments.Source: Miss. Code Ann. § 73-7-7 (Rev. 2013)Rule 1.6 Posting Laws, Rules, Notices and BulletinsAn establishment must post on its premises, in a place conspicuous to the public, copies ofsanitation rules, notices or bulletins as the Board may, from time to time, direct.Source: Miss. Code Ann. § 73-7-7 (Rev. 2013)Rule 1.7Schedule of FinesThe Board shall use the following “Schedule of Fines” for assessing fines for non-compliancewith its laws, rules and regulations:Schedule of FinesStatuteRuleViolationIssued toFine Amountst12nd &Violation subsequentviolation(s)73-7-9Practicing without a licensePractitioner 100 40073-7-11Practitioner license not (orPractitioner50100improperly) posted73-7-11Salon License not (or improperly)Owner50100posted73-7-17Operation of unlicensed salonPractitioner10040073-7-19Expired salon licenseOwner5040073-7-19Expired practitioner licensePractitioner60 days to 1 year50400Over 1 year to 2 years75400Over 2 years to 3 years10040073-7-25Demonstrator in salon or schoolOwner50400without demo permit73-7Fraud or dishonest conduct in taking Student10040027(2)(c)examination73-7Dishonest 7-33Salon not well ventilated or well litOwner504008
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 Cosmeto
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 Board of
