Mississippi State Board of Cosmetology Rules and Regulations

Mississippi State Board of Cosmetology

Rules and Regulations

Effective

December 17, 2017

Table of Contents

Chapter 1: General

Rule 1.1 Authorization and Applicability 5

Rule 1.2 Definitions 5

Rule 1.3 Communications 7

Rule 1.4 Requests for Public Records 7

Rule 1.5 Board Meetings 7

Rule 1.6 Posting Laws, Rules, Notices and Bulletins 8

Rule 1.7 Schedule of Fines 8

Rule 1.8 Violations of Laws, Rules and Regulations 13

Rule 1.9 Complaints 13

Rule 1.10 Standards Related to Competent Practice 14

Rule 1.11 Oral Proceedings on Proposed Rules 15

Rule 1.12 Declaratory Opinions 17

Rule 1.13 Fees 21

Chapter 2: Licensure

Rule 2.1 Licenses Issued by the Board 22

Rule 2.2 Photograph Required on All Licenses 23

Rule 2.3 Display of License and Certificate(s) of Proficiency,

Photograph Identification 23

Rule 2.4 Duplicate License 23

Rule 2.5 Outdated License 24

Rule 2.6 Fees 24

Rule 2.7 General provisions regarding licensure by examination 25

Rule 2.8 Examination Eligibility for In-State Applicants

A. Eligibility Requirements for Practitioner 26

B. Eligibility Requirements for Instructor 27

Rule 2.9 Examination Eligibility for Out-of-State Applicants

A. Eligibility Requirements for Practitioner 28

B. Eligibility Requirements for Instructor 31

Rule 2.10 Examination Eligibility for Out-of-Country Applicants

A. Eligibility Requirements for Examination – Practitioner 33

B. Eligibility Requirements for Examination – Instructor 35

Rule 2.11 Licensure by Reciprocity – Practitioner 37

Rule 2.12 Licensure by Reciprocity – Instructor 39

Rule 2.13 Reciprocity for Military Personnel and Military Spouses 40

Rule 2.14 Wigology License Renewal 42

Rule 2.15 Postsecondary School of Cosmetology 43

Chapter 3: Permits

Rule 3.1 Demonstrator’s Permit 43

Rule 3.2 Permit to Work 44

Rule 3.3 One-Time Temporary Teaching Permit for

Applicant for Instructor’s License by Reciprocity 45

Chapter 4: Salons

Rule 4.1 Prohibition Regarding Unlicensed Practice 47

Rule 4.2 Procedure for the Opening of a New Salon 47

Rule 4.3 Required Equipment 48

Rule 4.4 Salon Change of Ownership; Addition or Change of Partners;

Change of Location; Change of Business Name 51

Rule 4.5 Nursing Home Salons 53

Chapter 5: Schools

Rule 5.1 Prohibition Regarding Unlicensed Practice 53

Rule 5.2 Procedure for the Opening of a New School 53

Rule 5.3 Required Space for Schools 56

Rule 5.4 Required Equipment 56

Rule 5.5 Name of School 60

Rule 5.6 School Advertising 60

Rule 5.7 School Change of Ownership; Addition or Change of Partners;

Change of Location; Change of Business Name;

Renovation of Existing School 60

Rule 5.8 Satellite Classroom 63

Rule 5.9 Instruction Staff 64

Rule 5.10 Required Display 65

Rule 5.11 Separation of Schools from Other Businesses 66

Rule 5.12 Services for the Public; Restrictions 66

Rule 5.13 Student School Contracts 67

Rule 5.14 School Inspections 67

Rule 5.15 School Closure 68

Rule 5.16 Requirements for Student Enrollment 68

Rule 5.17 Student Equipment and Supplies 69

Rule 5.18 Curriculum 71

Rule 5.19 Student Attendance 77

Rule 5.20 Transfer Students 78

Rule 5.21 Insignia or Badges 78

Rule 5.22 Work upon a Patron 79

Rule 5.23 Records, Forms and Applications 79

Rule 5.24 Licensing Examination Pass/Fail Ratio 81

Chapter 6: Continuing Education

Rule 6.1 Definitions 82

Rule 6.2 Continuing Education Requirements 83

Rule 6.3 Credit for CEIT/MC/MM/ME Hours 83

Rule 6.4 Documentation for Continuing Education Hours 85

Chapter 7: Sanitation

Rule 7.1 Enforcement 86

Rule 7.2 Posting of Sanitation Rules 86

Rule 7.3 Interior 87

Rule 7.4 Personal Sanitation 88

Rule 7.5 Chairs, Shampoo Boards and Bowls 89

Rule 7.6 Linens and Towels 89

Rule 7.7 Bottles and Containers 89

Rule 7.8 Instruments and Supplies 90

Rule 7.9 Disinfecting Work Surfaces, Instruments,

Materials and Supplies 91

Rule 7.10 Disinfecting Electric Clippers and Metal Instruments 92

Rule 7.11 Disinfecting Manicure Instruments While

In Use on a Patron 92

Rule 7.12 Cleaning and Disinfecting Whirlpool Foot Spas 93

Rule 7.13 Blood Spill Procedures 94

Rule 7.14 Health and Safety Issues 95

Rule 7.15 Creams, Lotions, Powder and Other Cosmetics 96

Chapter 8: Disciplinary and Administrative Actions

Rule 8.1 97

Rule 8.2 Complaints 97

Rule 8.3 Notice of Formal Complaint and Administrative Hearing 99

Rule 8.4 Administrative Hearing Proceedings 99

Rule 8.5 Sanctions 100

Rule 8.6 Appeals 100

Title 30: Professions and Occupations

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 Cosmetology (“Board”).

B. These Rules and Regulations are applicable to all persons licensed or registered in

accordance with the provisions of Chapter 7 of Title 7 of the Mississippi Code of 1972 as

amended, 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 Definitions

As used in this Chapter, unless the context otherwise requires:

A. “Accelerated Hours” means to reduce the time-frame (not clock hours) required for

course 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 theory

classes, and the actual performance or all practical skills.

D. “Average daily attendance” means the average daily attendance over a three-month

period 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 of

1972 as amended.

G. “Passport photograph” means a two inch by two inch (2”x2”) photograph of the

applicant/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 salon

I. “Extenuating Circumstances” means special circumstances that account for an irregular

way of doing things.

J. “Full Time” means not less than twenty-five (25), nor more than forty (40) hours per

week.

K. “Hours” means clock hours.

L. “Sink” means a basin fixed to a wall, countertop or floor, having a drainpipe and piped

supply of hot and cold water.

M. “Lead Instructor” means the instructor who is in charge of the teaching program at a

licensed 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 regulated

by the Mississippi State Board of Cosmetology, as defined in Section 73-7-2 of the

Mississippi Code of 1972 as amended.

R. “Salon” means a licensed establishment operated for the purpose of engaging in the

practice of cosmetology, or manicuring and pedicuring, or esthetics, or all.

S. “School” means a licensed establishment, public or private, operated for the purpose of

teaching 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 or

esthetician enrolled in an instructor training program in a school licensed by the Board

under 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)

Rule 1.3 Communications

All communications with reference to licensure, rules and regulations or general information

should 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 be

directed to the Department of School Coordination. Issues related to examination should be

directed to the contracted testing service.

Source: Miss. Code Ann. § 73-7-7 (Rev. 2013)

Rule 1.4 Requests for Public Records

A. The only information that is made available to the public via telephone inquiry is whether

or not an individual, salon, or school is licensed by the Board, and whether or not the

license is current. All other requests for information must be submitted in writing to the

Board office and will be released only after a) review and determination as to whether the

information requested is a public record as defined by the Mississippi Public Records Act

of 1983, Miss. Code Ann. Sections 25-61-1 through 25-61-17, and b) the cost to produce

the 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 date

the request is received.

C. In considering the cost of production of the record, the following will be included: a) cost

of production of copies, b) expendable printer supplies, c) cost of record research by a

member of the Board staff, and d) mailing costs. Any other unforeseen costs will be

disclosed to the individual requesting the record.

D. Licensure application files, including, but not limited to examination results are not

considered public record, and may be released only upon written consent of the

licensee/examinee. A request for public record, including a third party release, will be

considered only after or at the time the record is actually created.

Source: Miss. Code Ann. § 73-7-7 (Rev. 2013)

Rule 1.5 Board Meetings

A. 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 Board

meeting 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.

D. Members of the public must submit an “Agenda Request Form” to the Board office at

least one (1) week in advance of the regularly scheduled meeting to be placed on the

agenda.

E. Any written requests for consideration without personal appearance at the meeting must

be 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 Bulletins

An establishment must post on its premises, in a place conspicuous to the public, copies of

sanitation rules, notices or bulletins as the Board may, from time to time, direct.

Source: Miss. Code Ann. § 73-7-7 (Rev. 2013)

Rule 1.7 Schedule of Fines

The Board shall use the following “Schedule of Fines” for assessing fines for non-compliance

with its laws, rules and regulations:

Schedule of Fines

Statute

Rule

Violation

Issued to

Fine Amount

Violation

subsequent

violation(s)

73-7-9

Practicing without a license

Practitioner

$100

$400

73-7-11

Practitioner license not (or

improperly) posted

Practitioner

100

73-7-11

Salon License not (or improperly)

posted

Owner

100

73-7-17

Operation of unlicensed salon

Practitioner

100

400

73-7-19

Expired salon license

Owner

400

73-7-19

Expired practitioner license

Practitioner

60 days to 1 year

400

Over 1 year to 2 years

400

Over 2 years to 3 years

100

400

73-7-25

Demonstrator in salon or school

without demo permit

Owner

400

73-7-

27(2)(c)

Fraud or dishonest conduct in taking

examination

Student

100

400

73-7-

27(2)(e)

Dishonest conduct

Owner/Manager

/Practitioner

100

400

73-7-33

Salon not well ventilated or well lit

Owner

400

Schedule of Fines

Statute

Rule

Violation

Issued to

Fine Amount

Violation

subsequent

violation(s)

73-7-33

Establishment, utensils/equipment

not sanitary

Owner/

Manager

400

73-7-33

Permitting practitioner with

infectious disease to practice

Owner/

Manager

100

400

73-7-33

7.4(B(1)

Practicing in establishment with

infectious/contagious disease

Practitioner

100

400

73-7-35(1)

Working in unlicensed/expired salon

Practitioner

200

73-7-35(2)

Allowing a practitioner to practice

without a valid license

Owner/

Manager

100

400

1.6

Sanitation Rules & Regulations not

posted in establishment

Owner/

Manager

100

1.8(A)

Failure to allow/interference with

inspection

Owner/Manager

/Practitioner

100

2.3(A)

Practitioner license not posted in a

conspicuous place; or photo copy of

license posted

Owner/Manager

/Practitioner

100

2.3(B);

7.8(F)

Specific device certification of

proficiency not posted in a

conspicuous place

Owner/Manager

/Practitioner

100

2.3(C)

Individual claiming to be licensed

would not provide ID

Owner/Manager

/Practitioner

100

400

2.4(B)

Individual with duplicate license

posted would not provide ID

Owner/Manager

/Practitioner

100

400

3.2(A)(3)

Student working on permit without

supervisor

Student/Owner/

Manager

400

3.3

Applicant for instructor’s license by

reciprocity working without one-time

teaching permit

Applicant/

Owner

100

400

4.2(A)(1)(f)

Establishment providing services

outside scope of license

Owner/

Manager

100

400

4.3

Salon has not continued to meet

minimum equipment requirements

Owner

200

4.3(C)(2)

Esthetics treatment area does not

provide client privacy

Owner

200

4.3(C)(5)

No container for soiled esthetician

linens

Owner

200

4.3(C)(6)

No storage for clean esthetician

linens

Owner

200

Schedule of Fines

Statute

Rule

Violation

Issued to

Fine Amount

Violation

subsequent

violation(s)

4.4(A)(1)

Salon owner has not notified Board

of sale of salon

Owner

100

400

5.2(E)(2)

School does not have full-time lead

instructor

Owner

100

400

5.4

School has not maintained minimum

equipment requirements

Owner

100

400

5.9(C)

Board not notified of changes in

instruction staff

Owner

200

5.9(D)

Student/Instructor ratio exceeds that

required by rule

Owner

100

400

5.9(F)

School has not reported instructor

absence

Owner

200

5.9(G)

Instructor/student instructor

practicing on patron

Owner/

Practitioner

100

400

5.9(H)

Student practice work not checked by

instructor

Owner

100

400

5.10

Licenses/Rules & Regulations/

Student work notice not posted

Owner

200

5.11

School not separated from other

business

Owner

100

400

5.17

Required equipment & supplies not

issued to students

Owner

100

400

5.18

Failure of school to provide

minimum theory hours per week

Owner

100

400

5.21

Students and/or instructors not

wearing badges

Owner

200

5.22

Students allowed to work on clinic

floor prior to receiving minimum

hours

Owner

100

400

5.23

Students not properly signed/clocked

Owner

100

400

5.23

Daily report not available

Owner

200

5.24

Failed to appear before Board and/or

submit Compliance Plan

Owner

100

400

7.1(A)

Owner/Manager has not maintained

sanitary conditions in establishment

Owner/

Manager

100

400

7.1(B)

Practitioner workspace not sanitary

Practitioner

100

400

7.3(A)

Establishment not clean or good

condition

Owner/

Manager

100

400

Schedule of Fines

Statute

Rule

Violation

Issued to

Fine Amount

Violation

subsequent

violation(s)

7.3(B)

Floors where services are performed

not non-porous

Owner

200

7.3(C)

Solid waste/refuse not stored/

removed properly from common

areas

Owner

200

7.3(C)

Solid waste/refuse not

stored/removed from workspace

Practitioner

200

7.3(D)

Hair/Nail clippings not removed after

each client

Owner/Manag

er/Practitioner

200

7.3(E)

Animals prohibited in establishment

except for registered service animal

Owner/

Manager

100

400

7.3(F)(3)

Drinking water not provided or not

convenient

Owner/

Manager

200

7.3(F)(4)

Drinking fountain not sanitary

Owner/

Manager

200

7.3(F)(5)

Using a common drinking cup or

glass

Owner/

Manager

100

400

7.3(G)(3)

Restroom facility not clean or in good

condition

Owner/

Manager

200

7.3(G)(4)

Restroom facility not well

lit/ventilated to outside air

Owner/

Manager

200

7.3(G)(6)

Restroom facility without hot water,

pressure, soap or towels

Owner/

Manager

100

400

7.3(G)(7)

Restroom facility solid waste/refuse

not stored/removed properly

Owner/

Manager

200

7.4(A)

Not washing hands before/after each

client/after use of restroom

Practitioner

100

400

7.4(B)(1)

Practicing in establishment with

infectious/contagious disease

Practitioner

100

400

7.4(B)(2)

Servicing client with communicable

disease/parasitic infection

Practitioner

100

400

7.4(B)(2)

Allowing infected practitioner to

service client

Owner/

Manager

100

400

7.5(A)

Headrest chair not covered with clean

covering

Practitioner

200

7.5(B)

Shampoo bowls not clean or in good

condition

Owner/

Manager

200

7.6(B)

Soiled towels/linens not deposited in

closed receptacle

Owner/Manag

er/Practitioner

200

Schedule of Fines

Statute

Rule

Violation

Issued to

Fine Amount

Violation

subsequent

violation(s)

7.6(D)

Closed cabinet not provided/clean

towels not stored in closed container

Owner

200

7.7(A)

Bottles/containers not labeled/poisons

not stored separately

Owner/Manager/

Practitioner

100

400

7.7(B)

More than 2 gallons acetone stored in

salon

Owner/ Manager

100

400

7.8(A)

Labeled receptacle not provided for

soiled items

Owner/ Manager

200

7.8(B)

Unsanitizable items not immediately

destroyed after use

Owner/Manager/

Practitioner

200

7.8(C)

Carrying instruments/supplies in/on

garments

Practitioner

200

7.8(D)

Brush-type neck duster prohibited

Practitioner

200

7.8(E)

Credo blades and scalpels are

prohibited in services

Owner/Manager/

Practitioner

200

7.9(A)

Work surfaces not disinfected after

each client

Practitioner

200

7.9(B)(1)

Instruments not properly sanitized

prior to next use

Practitioner

100

400

7.9(B)(2)(a)

Wet disinfectant does not meet

prescribed standard

Owner/Manager/

Practitioner

200

7.9(B)(2)(c)

Level of wet sanitizer not adequate to

sanitize items

Owner/Manager/

Practitioner

200

7.9(B)(2)(d)

Wet disinfectant not covered or

labeled

Owner/Manager/

Practitioner

200

7.9(B)(2)(g)

Solution in wet sanitizer is

contaminated

Owner/Manager/

Practitioner

200

7.9(B)(3)

Clean instruments, brushes not kept

in clean receptacle

Owner/Manager/

Practitioner

200

7.9(D)

Tools/implements in contact with

blood not properly disinfected

Owner/Manag

er/Practitioner

100

400

7.11(A)

Instruments not stored in 70% alcohol

during manicure

Practitioner

100

400

7.11(B)

Used manicure implements not

removed from station after each client

Practitioner

100

400

7.12(B)

Whirlpool foot spa not properly

cleaned/disinfected

Owner/

Manager

100

400

7.12(B)(4)

Whirlpool foot spa records not

maintained

Owner/

Manager

100

400

Schedule of Fines

Statute

Rule

Violation

Issued to

Fine Amount

Violation

subsequent

violation(s)

7.14(A)

Removal of moles, blemishes, or any

type of tissue destruction by any

method is prohibited

Practitioner

100

400

7.15(A)

Bottles/containers not properly closed

Owner/Manag

er/Practitioner

200

7.15(D)

Lotion or liquid not poured into

sanitized glass or container

Practitioner

200

7.15(F)

Health & safety standards for

wax/waxing not followed

Owner/Manag

er/Practitioner

200

7.15(H)

MMA products used in

manicure/pedicure procedure

Owner/Manag

er/Practitioner

100

400

Source: Miss. Code Ann. §§ 73-7-7, 73-7-27 (Rev. 2013)

Rule 1.8 Violations of Law, Rules and Regulations

A. All establishments licensed by the Mississippi State Board of Cosmetology shall be

inspected at least once per year to insure compliance with the laws, rules and regulations

of the Mississippi State Board of Cosmetology. Failure to allow or interference with an

inspection will result in the issuance of a citation.

B. In any instance of non-compliance with the Board’s laws, rules and regulations, a citation

will be issued to the student or practitioner and/or salon owner/manager and/or school

manager/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 citation

form(s). After a hearing, the Board may revoke, suspend or refuse to issue or renew any

license or certificate, fine, place on probation or otherwise discipline any student or

licensee or holder of a certificate pursuant to Section 73-7-27 of the Mississippi Code

Annotated of 1972 as amended.

C. Multiple violations can occur simultaneously when different individuals are involved in

violating any provisions of the Board’s laws, rules, and regulations.

Source: Miss. Code Ann. § 73-7-7 (Rev. 2013)

Rule 1.9 Complaints

A. Any person may file a complaint with the Board of Cosmetology in accordance with

Section 73-7-27 of the Mississippi Code of 1972 as amended.

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 the

complainant agrees to testify to the allegations, and that the complainant understands that

the information becomes public record once the investigation is over.

C. When the investigation has been completed, the complaint case will be presented to the

Board, at which time the Board may:

1. Dismiss the complaint, or

2. Initiate a formal complaint and notice of hearing.

D. 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 Practice

A. A practitioner may provide advanced services which are within his or her scope of

practice, as defined in Section 73-7-2 of the Mississippi Code of 1972 as amended, under

the following conditions:

1. The practitioner obtains appropriate education relative to the services to be

provided;

2. The practitioner demonstrates appropriate knowledge, skills, and abilities to

provide the service;

3. The practitioner maintains documentation satisfactory to the Board of meeting the

above requirements.

4. The service does not involve a function or procedure which is prohibited by any

other 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 any

licensed establishment.

7. Practitioners are prohibited in using brush-type neck dusters in any establishment.

B. Microdermabrasion and Dermaplaning

1. A cosmetologist or esthetician providing services involving exfoliation must limit

the exfoliation to the stratum corneum cells only. Microdermabrasion equipment

must be approved by the Federal Food and Drug Administration (FDA) as a Class

I device intended for use by licensed practitioners. The practitioner must

prominently display a certificate of training proficiency for each type of

equipment used, and must comply with the manufacturer’s directions in the use of

each product. The use of FDA class 2 or class 3 devices is prohibited.

2. Dermaplaning is prohibited from practice by any license holder of the Board.

C. Electric nail file:

1. Any individual utilizing or planning to utilize an electric file in any manicuring

procedure must first present Board approved certification that they are proficient

in the use of the instrument.

2. The electric nail file certification of proficiency must be posted in a conspicuous

place at all times.

3. Any instructor or student instructor teaching or planning to teach the use of the

electric file in any manicuring procedure must first present Board approved

certification that they are proficient in the use of the instrument.

4. The instructor’s or student instructor’s electric file certification of proficiency must

be posted in a conspicuous place in the school at all times.

5. Any electric nail file utilized in any manicuring procedure must be specifically

designed for use on the human nail. The individual utilizing the instrument must

be 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 Rules

A. This rule applies to all oral proceedings held for the purpose of providing the public with

an opportunity to make oral presentations on proposed new rules and amendments to

rules before the Board pursuant to Section 25-43-104 of the Mississippi Code of 1972 as

amended.

1. The Board will conduct an oral proceeding on a proposed rule or amendment if

requested by a political subdivision, an agency or ten (10) persons in writing

within 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 1/2x11

inches). Requests may be in the form of a letter addressed to the Board and signed

by the requestor(s).

3. The date, time and place of all oral proceedings shall be filed with the Secretary

of State’s office and mailed to each requestor. The oral proceedings will be

scheduled no earlier than twenty (20) days from the filing of this information with

the Secretary of State.

4. The Board President or his designee, who is familiar with the substance of the

proposed rule, shall preside at the oral proceeding on a proposed rule.

B. Public Presentations and Participation

1. At an oral proceeding on a proposed rule, persons may make oral statements and

make 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 Board

at least one (1) business day prior to the proceeding and indicate the general

subject of their presentations. The presiding officer in his or her discretion may

allow 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 any

other information relating to their participation deemed appropriate by the

presiding officer.

4. The presiding officer may place time limitations on individual oral presentations

when necessary to assure the orderly and expeditious conduct of the oral

proceeding. To encourage joint oral presentations and to avoid repetition,

additional time may be provided for persons whose presentations represent the

views of others as well as their own views.

5. Persons making oral presentations are encouraged to avoid restating matters that

have already been submitted in writing.

6. There shall be no interruption of a participant who has been given the floor by the

presiding officer, except that the presiding officer may in his or her discretion

interrupt or end the participant’s time where the orderly conduct of the proceeding

so requires.

C. Conduct of Oral Proceeding

1. The presiding officer shall have authority to conduct the proceeding in his or her

discretion for the orderly conduct of the proceeding.

2. The presiding officer shall:

a. Call proceeding to order.

b. Give a brief synopsis of the proposed rule, a statement of the statutory

authority for the proposed rule, and the reasons provided by the Board for

the proposed rule.

c. The presiding officer, where time permits and to facilitate the exchange of

information, may open the floor to questions or general discussion. The

presiding officer may question participants and permit the questioning of

participants by other participants about any matter relating to that rule-

making proceeding, including any prior written submissions made by

those participants in that proceeding; but no participant shall be required

to answer any question.

d. Submissions presented by participants in an oral proceeding shall be

submitted to the presiding officer. Such submissions become the property

of the Board and are subject to the Board’s public records request

procedure.

e. The Board may record oral proceedings by stenographic or electronic

means.

Source: Miss. Code Ann. §§ 73-7-7 (Rev. 2013); § 25-43-2.105 (Rev. 2006)

Rule 1.12 Declaratory Opinions

A. These rules set forth the Board of Cosmetology’s rules governing the form and content

requests for declaratory opinions, and the Board’s procedures regarding the requests, as

required by Section 25-43-103 of the Mississippi Code of 1972 as amended. These rules

are intended to supplement and be read in conjunction with the provisions of the

Mississippi Administrative Procedures Law, which may contain additional information

regarding the issuance of declaratory opinions. In the event of any conflict between these

rules and the Mississippi Administrative Procedures Law, the latter shall govern.

1. Any person with a substantial interest in the subject matter may request a

declaratory opinion from the Board by following the specified procedures.

“Substantial interest in the subject matter” means an individual, business, group

or other entity that is directly affected by the Board’s administration of the laws

within its primary jurisdiction. “Primary jurisdiction of the Board” means the

Board has a constitutional or statutory grant of authority in the subject matter at

issue.

2. The Board will issue declaratory opinions regarding the applicability to specified

facts of :

a. A statute administered or enforceable by the Board, or

b. A rule promulgated by the Board.

The Board will not issue a declaratory opinion regarding a statute or rule which is

outside the primary jurisdiction of the Board.

3. The Board may, for good cause, refuse to issue a declaratory opinion. The

circumstances in which declaratory opinions will not be issued include, but are

not necessarily limited to:

a. Lack of clarity concerning the question presented;

b. There is pending or anticipated litigation, administrative action, or other

adjudication which may either answer the question presented by the

request or otherwise make an answer unnecessary;

c. The statute or rule on which a declaratory opinion is sought is clear and

not in need of interpretation to answer the question presented by the

request;

d. The facts presented in the request are sufficient to answer the question

presented;

e. The request fails to contain information required by the rules or the

requestor failed to follow the procedures set forth in these rules;

f. The request seeks to resolve issues which have become moot, or are

abstract or hypothetical such that the requestor is not substantially affected

by the statute or rule on which a declaratory opinion is sought;

g. No controversy exists concerning the issue as the requestor is not faced

with existing fact or those certain to arise which raise a question

concerning the application of the statute or rule;

h. The question presented by the request concerns the legal validity of a

statute or rule;

i. The request is not based upon facts calculated to aid in the planning of

future conduct but is, instead, based on past conduct in an effort to

establish the effect of that conduct;

j. No clear answer is determinable;

k. The question presented by the request involves the application of a

criminal statute or a set of facts which may constitute a crime;

l. The answer to the question presented would require the disclosure of

information which is privileged or otherwise protected by law from

disclosure;

m. The question is currently the subject of an Attorney General’s opinion

request or has been answered by an Attorney General’s opinion;

n. A similar request is pending before this Board or any other agency or a

proceeding is pending on the same subject matter before any agency,

administrative or judicial tribunal, or where such an opinion would

constitute the unauthorized practice of law;

o. Where issuance of a declaratory opinion may adversely affect the interest

of the State, the Board or any of their officers or employees in any

litigation which is pending or may reasonably be expected to arise;

p. The question involves eligibility for a license, permit, certificate or other

approval by the Board or some other agency, and there is a statutory or

regulatory application process by which eligibility for said license, permit,

certificate or other approval would be determined.

4. 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 ½ x 11

inches). Request must be in the form of a letter addressed to the Board.

5. All requests must be mailed, delivered or transmitted via facsimile to the Board.

The request shall clearly state that it is a request for a declaratory opinion. No

oral, telephone request or email requests will be accepted for official opinion.

6. Each request must include the full name, telephone number and mailing address

of the requestor. All requests shall be signed by the person filing the request, who

shall attest that the request complies with the requirements set forth in these rules

including but not limited to a full, complete and accurate statement of relevant

facts and that there are no related proceedings pending before any other

administrative or judicial tribunal.

7. Each request shall contain the following:

a. A clear and concise statement of all facts on which the opinion is

requested;

b. A citation to the statute or rule at issue;

c. The question(s) sought to be answered in the opinion, stated clearly;

d. A suggested proposed opinion from the requestor, state the answers

desired by the petitioner and a summary of the reasons in support of those

answers;

e. The identity of all other known persons involved in or impacted by the

desired factual situation, including their relationship to the facts, name,

mailing address and telephone number; and

f. A statement to show that the person seeking the opinion has a substantial

interest in the subject matter.

8. Within forty-five (45) days after receipt of a request for a declaratory opinion

which complies with the requirements of these rules, the Board shall in writing:

a. Issue a declaratory opinion regarding the specified statute or rule as

applied to the specified circumstances;

b. Decline to issue a declaratory opinion, stating the reasons for its action; or

c. Agree to issue a declaratory opinion by a specified time but not later than

ninety (90) days after receipt of the written request.

The forty-five (45) day period shall begin running on the first State of Mississippi

business day on or after the request is received by the Board, whichever is sooner.

9. A declaratory opinion shall not become final until the expiration of sixty (60)

days after the issuance of the opinion. Prior to the expiration of sixty (60) says,

the Board may, in its discretion, withdraw or amend the declaratory opinion for

any reason which is not arbitrary or capricious. Reasons for withdrawing or

amending an opinion include, but are not limited to, a determination that the

request failed to meet the requirements of these rules and that the opinion issued

contains a legal or factual error.

B. The Board may give notice to any person, agency or entity that a declaratory opinion has

been requested and may receive and consider data, facts, arguments and opinions from

other persons, agencies or other entities other than the requestor.

C. Declaratory opinions and requests for declaratory opinions shall be available for public

inspection and copying in accordance with the Public Records Act and the Board’s public

records request procedure. All declaratory opinions and requests shall be indexed by

name and subject. Declaratory opinions and requests which contain information which is

confidential or exempt from disclosure under the Mississippi Public Records Act or other

laws shall be exempt from this requirement shall remain confidential.

D. The Board will not pursue any civil, criminal or administrative action against a person

who is issued a declaratory opinion from the Board and who, in good faith, follows the

direction of the opinion and acts in accordance therewith unless a court of competent

jurisdiction holds that the opinion is manifestly wrong. Any declaratory opinion rendered

by the Board shall be binding only on the Board and the person to whom the opinion is

issued. No declaratory opinion will be used as precedent for any other transaction or

occurrence beyond that set forth by the requesting person.

Source: Miss. Code Ann. §73-7-7 (Rev. 2013), § 25-43-2.105 (Rev. 2006)

Rule 1.13 Fees

The following fees shall apply for the following purposes:

A. Initial license/renewal for cosmetologist, manicurist, esthetician, or wig specialist ...50.00

B. Instructor initial license/renewal ……………………………………………………..80.00

C. Master license /renewal ………………………………………………………………70.00

D. Delinquent renewal penalty -- cosmetologist, manicurist, esthetician, wig specialist and

Instructor ……………………………………………………………………………...50.00

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

E Salon application and initial inspection ………………………………………………85.00

F. Salon reinspection …………………………………………………………………….35.00

G. Salon change of ownership or location, or both ……………………………………...85.00

H. Salon renewal …………………………………………………………………………60.00

I. Salon 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. 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.

T. Refunds will automatically be made on overpayment of fees. Refunds will be made on

under payments by written requests from applicants. If no request for refund is made

within sixty (60) days, the fees will be forfeited.

Source: Miss. Code Ann. §§ 73-7-7, 73-7-29 (Rev. 2013)

Part 2101 Chapter 2: Licensure

Rule 2.1 Licenses Issued by the Board

The Board shall issue the following licenses:

A. Practitioner’s license

1. Cosmetologist

2. Esthetician

3. Manicurist

4. Master Cosmetologist

5. Master Manicurist

6. Master Esthetician

7. Wigologist

B. Instructor’s license

1. Cosmetologist

2. Esthetician

3. Manicurist

C. Salon license

D. School licenses:

1. School of Cosmetology

2. Postsecondary School of Cosmetology

Source: Miss. Code Ann. §§ 73-7-7, 73-7-13, 73-7-14, 73-7-15, 73-7-16, 73-7-18, 73-7-21 (Rev.

2013).

Rule 2.2 Photograph Required on All Licenses

A. Each practitioner and instructor licensee shall be required to submit two (2) passport

photographs taken recently prior to application or renewal. All practitioner and instructor

license shall include a passport photograph of the license holder.

Source: Miss. Code Ann. §§ 73-7-7, 73-7-11 (Rev. 2013)

Rule 2.3 Display of License and Certificate(s) of Proficiency; Photo Identification

A. Every licensee must display his or her license in a conspicuous place within reading

distance of the public. The posting of a photocopy of a license is prohibited.

B. Any licensee utilizing or planning to utilize a specific device in any practice area of

discipline must post the required certificate of proficiency.

C. A licensee shall make his or her government photo identification available upon request.

Failure to provide government photo identification when requested by an agent of the

Board will result in issuance of a citation for violation to the practitioner, owner and/or

manager of the establishment.

Source: Miss. Code Ann. §§73-7-7, 73-7-11 (Rev. 2013)

Rule 2.4 Duplicate License

A. A request for duplicate license shall be submitted in writing, on a form provided by the

Board, to the Board office. Applicants for a duplicate license shall submit two (2) forms

of identification. Acceptable forms of identification may be driver’s license, government

issued ID card, Social Security card, school ID card with photograph, voter registration

card, U.S. military card, Native American tribal document, birth certificate, passport,

certificate of U.S. citizenship, certificate of naturalization, valid (unexpired) temporary

resident card or employment authorization card. All applications and supporting

documents must be submitted two (2) weeks prior to a Board meeting. Application will

be reviewed for consideration by the Board. Upon review, the applicant will be notified

of the Board’s decision. Only one duplicate license shall be issued during a licensing

period, unless extenuating circumstances are presented for which an appearance, may be

requested.

B. A licensee who has a duplicate license posted, shall make his or her government photo

identification available upon request. Failure to provide government identification, when

requested by an agent of the Board shall result in the issuance of a citation for violation to

the practitioner, owner and/or manager of the establishment.

Source: Miss. Code Ann. § 73-7-7 (Rev. 2013)

Rule 2.5 Outdated License:

A. Any person who has been licensed in this state, and whose license has expired for a period

of three (3) years must make application for approval for written and practical

examination.

B. The application for examination must be submitted on a form prescribed by the Board and

must be accompanied by:

1. Two recent passport photographs of the applicant, taken prior to

application.

2. Record of last renewal, including registration number, and date of

expiration.

Source: Miss. Code Ann. § 73-7-7 (Rev. 2013)

Rule 2.6 Fees

A. Renewal Fees:

1. School License Renewal: A school owner who fails to renew his school license

within one (1) year from date of expiration must make a new application for

licensure as prescribed in Section 73-7-16, and Rule 5.2.

2. Salon License Renewal: A salon owner who fails to renew his salon license

within one (1) year from date of expiration must make a new application for

licensure as prescribed in Section 73-7-17, and Rule 4.2.

3. All Licensees:

a. The postmark date on the transmittal envelope of the renewal application

and fee is determinative in ascertaining whether receipt was prior to the

expiration of the grace period.

b. Application for renewal of licenses which are not accompanied by the

provided renewal form are assessed a fee for lost renewal form.

c. When an applicant for renewed license has not submitted required

documentation or proper fee, applicant will be notified of

same by mail,

and license processing is placed on “hold” for a maximum of sixty (60)

days, during which time no additional fees or charges will be assessed. If

however, a period of sixty (60) days has passed without submittal of

required information or balance due, credited fees are forfeited; refunds

cannot be granted.

d. The renewal fee for any licensee aged seventy (70) or older at time of

renewal shall be waived when such licensee submits a copy of a

government issued document demonstrating proof of age.

B. Refunds of fees.

1. Application for a new license. An applicant may make a written request to

withdraw the application, under the following conditions:

a. The application cannot, or has not been approved, for any reason

b. In the case of an application for reciprocity, the license issuance process

has not begun.

c. In the case of an application for a new salon, an inspection has not

occurred.

2. Balance due on application fees. An applicant may submit a written request for a

refund of application fees, either new or renewal, where there is a balance due, and

the applicant does not wish to submit the additional fee.

Source: Miss. Code Ann. §§ 73-7-7, 73-7-19 (Rev. 2013)

Rule 2.7 General provisions regarding licensure by examination

A. Licensure examinations are provided for in-state and out-of-state applicants for

practitioner and instructor licenses.

B. An examination for any practitioner or instructor license is both practical and written.

1. The applicant must demonstrate by practical examination, minimal skills and

knowledge necessary for the license sought.

2. The applicant must demonstrate by written examination, knowledge of profession,

health and safety methods and procedures, Mississippi Statutes, rules and

regulations pertinent to the practice necessary for the license.

C. Grades necessary to pass the examination:

1. Basic Examinations (Practitioner): A person taking the Board of

Cosmetology

examination will be granted a license to practice if such person makes an

examination grade of not less than 70 scaled score on each portion of

the practical

examination, and not less than 70 scaled score on the written examination.

2. Instructor Examination: A person taking the Board of Cosmetology Instructor

examination will be granted an instructor’s license if such person makes an

examination grade of not less than 75 scaled score on each portion of the practical

examination, and not less than 75 scaled score on the written examination.

D. Any applicant failing to pass the required examination after three attempts within 365 days

of school completion is not eligible for re-examination until he or she has returned to a

school for additional training of no more than 10 percent of the prescribed course hours for

the course of training for which application for licensure is being made.

E. A candidate for licensure who has been unsuccessful in passing the examination is

required to retake the entire practical examination or written examination which was

failed, up to a period of three years.

After three years, the grades are no longer valid and

the candidate is required to take the both written and practical examinations.

F. The Board will maintain an accurate record of each examination as provided by the testing

administrator.

G. Reasonable accommodations may be made for candidates having a physical or mental

impairment that limits one or more major life activities, as defined by the Americans with

Disabilities Act. An applicant’s request for accommodation should be made to the test

provider at the time of registration.

Source: Miss. Code Ann. §§ 73-7-7, 73-7-13 (Rev. 2013)

Rule 2.8 Examination for In-State Applicants

A. Eligibility Requirements for Practitioner

1. Cosmetologists, manicurists, and estheticians must:

a. Be at least 17 years of age.

b. Be able to read, write and speak English.

c. Have at least a twelfth (12

) grade education or its equivalent.

(1) Proof of completion of high school education shall be submitted in

the form of a diploma, or certified transcript which reflects

graduation data. If the education was acquired by GED, original

GED transcript must be submitted to the Board.

(2) Where the secondary education was obtained outside of the

This rule change will go into effect January 1, 2017.

United States, the applicant must present a copy of the proof of

completion, along with an original translation which has been

prepared by an approved translation or credentialing service, and

which certifies that the document is considered to be proof of the

equivalent of a 12

grade education.

(3) A high school education received from a distance learning entity

will only be accepted if that entity is accredited by an accrediting

agency recognized by the U.S. Department of Education

(4) Any other document and/or affidavit which constitutes reliable

proof of completion of high school education shall be required by

the Board.

d. Must have successfully completed a course of training for which

application for licensure is being made.

2. An application for examination must be submitted on a form prescribed by the

Board and accompanied by the following:

a. Two recent passport photographs of the applicant, taken within 90 days

prior to application.

b. In the event of a name change, legal proof of the name change.

B. Eligibility Requirements for Instructor

1. Eligibility requirements that must be met in order to take the examination:

a. Must be at least 21 years of age.

b. Must be able to read, write and speak English.

c. Must possess a high school education or its equivalency.

d. Must possess a current Mississippi practitioner’s license.

e. Must have completed six (6) semester hours in college courses

approved by the Board.

f. Must have successfully completed a course of training for which

application for licensure is being made.

g. Must have the following hours of instructor training:

(1) Cosmetologist – 1,000 hours of instructor training in a

licensed school of cosmetology.

(2) Esthetician – 1,000 hours of instructor training in a licensed

school in which the practice of esthetics is taught.

(3) Manicurist – 1,000 hours of instructor training in a licensed

school in which the practice of manicuring is taught.

h. Must have attended at least one mandatory Board approved “Methods of

eaching” Seminar earning a minimum of five (5) continuing education

hours.

Source: Miss. Code Ann. §§ 73-7-7, 73-7-13, 73-7-18, 73-7-15, 73-7-21 (Rev. 2013)

Rule 2.9 Examination Eligibility for Out-of-State Applicants

A. Eligibility Requirements for Examination – Practitioner

1. Any person who is licensed by a state in which Mississippi does not have

provision for reciprocity licensure, or any student who is at least seventeen years

of age, can read, write, and speak English, and has successfully completed a

course of training in another state which meets Mississippi’s minimum

requirements, but is not licensed in that state, may be eligible for

licensure by

examination.

The State’s minimum requirements are:

Cosmetologist

Cos

metologist

1500 hours

Manicurist

350 hours

Esthetician

600 hours

2. The required documentation includes notifications of intent, affidavit/certification

of training, and affidavit/certification of current licensure.

a. Notification of Intent. The form must be completed in its entirety and

submitted to the Mississippi State

Board of Cosmetology.

b. The affidavit/certification of training. An affidavit or certification of the

applicant’s course of training must be submitted to the Board office by the

board in the state in which the training was acquired. The

affidavit/certification of training should contain, at a minimum:

(1) Applicant’s name and address

(2) Applicant’s Registration Number or license identification number

(if applicable)

(3) The course in which applicant was enrolled

(4) Total clock hours earned

(5) Date of completion or last attendance (Non-licensed individuals

only)

(6) Information regarding current license (if applicable), including

expiration date and whether the licensee is in good standing.

c. The affidavit/certification of licensure. The applicant must cause an

affidavit/certification of licensure to be issued by the board in which the

license is held.

d. If the state in which the applicant is currently licensed is also the state in

which the training was acquired, then only one affidavit is required.

Otherwise, the applicant must obtain two affidavits.

e. The affidavits/certifications must be mailed directly to the Mississippi

State Board of Cosmetology by the licensing authority, bear the seal-

impress of the licensing authority, and bear at least one signature of an

official of the licensing authority.

f. In the event the information cannot be provided by the licensing authority,

it may be obtained from the attended school. In this case, the attended

school must submit the information directly to the Board. The information

must: (1) be submitted in an envelope bearing the attended school’s

letterhead, (2) bear the seal impress of the school, and (3) be certified by

an agent of the attended school. The Board reserves the right to deny

Certification of Training submitted by a school if it is determined that the

information can be provided by the appropriate licensing authority.

3. Appear for an Application Eligibility Interview

a. Upon receipt of a completed Application of Intent and

Affidavit/Certification of Training, which meets the examination

requirements for Mississippi, the applicant is scheduled for an interview,

and notified of the date and time.

b. The applicant must present the following documents at the time of the

interview:

(1) Photographic identification.

(a) Applicant must present two (2) current passport

photographs to be attached to his or her application for approval for

examination. The person who is making application for approval

for examination must be recognizable in the photograph.

(b) Applicant must present a government-issued photographic

identification card which contains the applicant’s signature and date

of birth. In the event of a name change, legal proof of the change

must be presented.

(2) Two additional forms of identification must be presented by the

applicant. In the event of a name change, legal proof of the change

must be presented.

(3) Any applicant who uses or proposes to use a specific device in any

practice area of discipline must present the required certification of

proficiency from Mississippi or another state attesting to proper

training in the use of the instrument.

c. The applicant will be interviewed to determine his or her eligibility to

apply for approval for examination. The following determinations will be

made:

(1) The applicant is at least 17 years of age.

(2) The applicant is able to read, write and speak English.

(3) The applicant has a 12th grade education or its equivalent. The

applicant must present, at the time of the interview, acceptable

documentation evidencing completion of the 12th grade, or its

equivalent. Where the secondary education was obtained outside of

the United States, the applicant must present a copy of the proof of

completion, along with an original translation which has been

prepared by an approved translation or credentialing service, and

which certifies that the document is considered to be the equivalent

of a 12th grade education.

Additional information may be required if it has been determined,

or there is reason to believe that a candidate for examination has

completed high school under one or more of the following

circumstances:

(a) The institution is not accredited by the Department of

Education in the relevant state.

(b) The institution is not accredited by a recognized

proprietary school accrediting association.

(4) The candidate will not be considered to have a 12

grade education

or its equivalent if it is determined that one or more of the

following circumstances exist:

(a) The institution from which the diploma or transcript was

acquired is not sanctioned or accredited by a state supported

educational credentialing entity, or

(b) The candidate completed a self-study program in which

progress examinations and final examinations were not

physically supervised by one or more staff members of the

institution or a recognized examination

administration/proctor service.

4. If an applicant fails to present evidence satisfactory to prove that all requirements

for approval for examination have been met, he or she will be advised that the

application of intent will be rejected, and the reason for the same. The applicant

will be advised, in writing, of the right to a show cause hearing before the Board.

5. If the applicant is deemed to meet all examination eligibility requirements, he or

she will be required to submit an out-of-state Application for Approval for

Examination, which must be completed in its entirety.

B. Eligibility Requirements for Examination – Instructor (First – Time Licensure)

1. Eligibility requirements that must be met in order to take the examination:

a. Must be at least 21 years of age.

b. Must be able to read, write and speak English.

c. Must possess a high school education or its equivalency.

d. Must possess a current practitioner’s license.

e. Must have completed six (6) semester hours in college courses approved

by the Board.

f. Must have successfully completed a course of training for which

application for licensure is being made.

g. Must have the following hours of instructor training:

(1) Cosmetologist – 1,000 of instructor training in a licensed school of

cosmetology.

(2) Esthetician – 1,000 of instructor training in a licensed school in

which the practice of esthetics is taught.

(3) Manicurist – 1,000 of instructor training in a licensed school in

which the practice of manicuring is taught.

h. Must have attended one mandatory Board “methods of teaching” seminar

earning a minimum of five (5) continuing education hours.

2. The application packet must be accompanied by:

a. Two (2) recent passport photographs, taken prior to

application.

b. Proof of eligibility requirements.

c. An affidavit completed and signed by the board official in the state from

which the current license is held, attesting to licensure status and any

disciplinary action within the past five (5) years.

d. Certified transcript of completion of the course of training for which

application for approval for examination being made or an affidavit

attesting to education.

e. Certified original transcript evidencing successful completion of

six (6)

semester hours in college courses approved by the Board.

f. In the event of a name change, legal proof of the name change.

g. Copy of current practitioner’s license.

3. Any applicant who uses or propose to teach a specific device in any practice area

of discipline must present the required certification of teaching proficiency for

Mississippi or another state attesting to proper training in the use and/or teaching of

the device.

4. If an applicant fails to present evidence satisfactory to prove that all requirements

for approval for examination have been met, he or she will be advised that the

application of intent will be rejected and the reason for the same. The applicant will

be advised, in writing, of the right to a show cause hearing before the Board.

5. If the applicant is deemed to meet all examination eligibility requirements he or she

will be required to submit an out-of-state application for approval for examination,

which must be completed in its entirety.

Source: Miss. Code Ann. §§ 73-7-7, 73-7-13, 73-7-18, 73-7-15, 73-7-21 (Rev. 2013)

Rule 2.10 Examination Eligibility for Out-of-Country Applicants.

A. Eligibility Requirements for Examination – Practitioner

1. Any person who is licensed or registered to practice by a country other than the

United States, or any person who has successfully completed a course of training

in a country other than the United States, which meets this state’s minimum

requirements, may submit an application for approval for examination.

The state’s minimum requirements are:

2. The required documentation includes notification of intent, affidavit/certification

of training, and affidavit/certification of current licensure.

a. Notification of Intent. The form must be completed in its entirety and

submitted to the Board.

b. The affidavit/certificate of training. An affidavit or certification of the

applicant’s course of training must be submitted to the Board office by the

board in the country or province in which the training was acquired. The

affidavit/certification of training should, at a minimum contain:

(1) Applicant’s name and address

(2) Applicant’s Registration Number or license identification number

(if applicable)

(3) The course in which applicant was enrolled

(4) Total clock hours earned

(5) Date of completion or last attendance (Non licensed individuals

only)

(6) Information regarding current license (if applicable), including

expiration date and whether the licensee is in good standing.

c. The affidavit/certification of licensure. The applicant must cause an

Cosmetologist

1500 hours

Manicurist

350 hours

Esthetician

600 hours

affidavit/certification of licensure to be issued by the board in which the

license is held.

d. The affidavits/certifications must be mailed directly to the Board by the

licensing authority, bear the seal-impress of the licensing authority, and

bear at least one signature of an official of the licensing authority.

e. In the event the information cannot be provided by the licensing authority,

it may be obtained from the attendant school. In this case, the attendant

school must submit the information directly to the Board. The information

must: (1) be submitted in an envelope bearing the attendant school’s

letterhead, (2) bear the seal-impress of the school, and (3) be certified by an

agent of the attendant school. The Board reserves the right to deny

Certification of Training submitted by a school if it is determined that the

information can be provided by the appropriate licensing authority.

3. Appear for an Application Eligibility Interview

a. Upon receipt of a completed Applicant of Intent and Affidavit/Certification

of Training, which meets the examination requirements for Mississippi, the

applicant is scheduled for an interview, and notified of the date and time.

b. The applicant must present the following documents at the time of the

interview:

(1) Photographic identification.

(a) Applicant must present two (2) current passport

photographs to be attached to his or her application for

approval for examination. The person who is making

application for examination must be recognizable in the

photograph.

(b) Applicant must present a government-issued photographic

identification card which contains the applicant’s signature

and date of birth. In the event of a name change, legal proof

of the change must be presented.

(2) Two additional forms of identification must be presented by the

applicant. In the event of a name change, legal proof of the name

change must be presented.

(3) Any applicant who uses or proposes to use a specific device in any

practice area of discipline, must present the required certification of

proficiency attesting to proper training in the use of the instrument.

c. The applicant will be interviewed to determine his or her eligibility to

apply for approval for examination. The following determinations will be

made:

(1) The applicant is at least 17 years of age.

(2) The applicant is able to read, write and speak English.

(3) The applicant has a 12

grade education or its equivalent. The

applicant must present, at the time of the interview, acceptable

documentation evidencing completion of the 12

grade, or its

equivalent. Where the secondary education was obtained outside of

the United States, the applicant must present a copy of the proof of

completion, along with an original translation which has been

prepared by an approved translation or credentialing service, and

which certifies that the document is considered to be the equivalent

of a 12

grade education.

d. If an applicant is deemed to meet all examination eligibility requirements,

he or she will be required to submit an out-of-country Application for

Approval for Examination, which must be completed in its entirety.

5. If the applicant is deemed to meet all examination eligibility requirements, he or

she will be required to submit an out-of-country Application for Approval for

Examination, which must be completed in its entirety.

B. Eligibility Requirements for Examination – Instructor (First-Time Licensure)

1. Eligibility requirements that must be met in order to take the examination:

a. Must be at least 21 years of age

b. Must be able to read, write and speak English.

c. Must possess a high school education or its equivalency.

d. Must possess a current practitioner’s license.

e. Must have completed six (6) semester hours in college courses

approved by the Board.

f. Must have successfully completed a course of training for which

application for licensure is being made.

g. Must have the following hours of instructor training:

(1) Cosmetologist – 1,000 hours of instructor training in a

licensed school of cosmetology.

(2) Esthetician – 1,000 hours of instructor training in a licensed

school in which the practice of esthetics is taught.

(3) Manicurist – 1,000 hours of instructor training in a licensed

school in which the practice of manicuring is taught.

h. Must have attended at least one mandatory Board approved “Methods of

eaching” seminar earning a minimum of five (5) continuing education

hours.

2. The application packet must be accompanied by:

a. Two (2) recent passport photographs, taken within 90 days prior to

application.

b. Proof of eligibility requirements.

c. An affidavit completed and signed by the board official in the country or

province from which the current license is held, attesting to licensure

status and any disciplinary action within the past five (5) years.

d. Certified transcript of completion of the course of training for which

application for approval for examination being made or an affidavit

attesting to education.

e. Certified original transcript evidencing successful completion of

six (6)

semester hours in college courses approved by the Board.

f. In the event of a name change, legal proof of the name change.

g. Copy of current practitioner’s license.

h. Any applicant who uses or proposes to teach a specific device in any

practice area of discipline must present the required certification of teaching

proficiency from Mississippi or another country or province attesting to

proper training in the use and/or teaching of the device.

C. The application must be submitted on a form prescribed by the Board and must

be accompanied by:

1. Two passport photographs taken prior to

application.

2. A copy of current out-of-country license or certificates.

3. Proof of completion of high school education or GED by way of certified high

school transcript, certified GED transcript or other means as the Board may deem

acceptable. All transcripts must be submitted by the applicant in sealed envelopes

from the school in which the degree was obtained. .

4. Certification from the registering agency or the school in which the training was

acquired, reflecting the number of training hours earned, and the curriculum

subjects.

Rule 2.11 Licensure by Reciprocity - Practitioner

A. An individual who holds a current license from another state with whom Mississippi has a

reciprocal agreement may be eligible for a practitioner license in accordance with Miss.

Code Ann. Section 73-7-23. The Mississippi State Board of Cosmetology maintains a list

of states with whom Mississippi is reciprocal.

B. Application Process:

1. Complete an Application for Reciprocity, which must be completed in its entirety

and submitted to the Board.

a. The applicant must cause an affidavit or certification to be issued by the

board in which the training was acquired or the license is held. If the state

in which the applicant is currently licensed is also the state in which the

training was acquired, then only one affidavit is required. Where the

current license is held in one state and original license or education was

obtained in a different state, and the state of current licensure will not attest

to the applicant’s training, an affidavit is also required from the state of

origin.

b. The affidavit/certification of training must:

(1) Be mailed directly to the Mississippi State Board by the licensing

authority.

(2) Bear the seal-impress of the licensing authority.

(3) Bear at least one signature of an official of the licensing authority.

c. The affidavit/certification of training should contain, at a minimum:

(1) Applicant’s name and address,

(2) Applicant’s Registration Number or license identification number,

(3) The course in which applicant was enrolled,

(4) Total clock hours earned,

(5) Information regarding current license, including expiration date and

whether the licensee is in good standing.

2. Appear for an Application Eligibility Interview

a. Upon receipt of a completed Application of Reciprocity and

Affidavit/Certification of Training, which meets the reciprocity

requirements of the state of Mississippi, the applicant is scheduled for an

interview, and notified of the date and time.

b. The applicant must present the following documents at the time of

the

interview:

(1) Photographic identification.

(a) Applicant must present two (2) current passport

photographs to be attached to his or her application for

reciprocity. The photograph must be recognizable as the

person who is making application for reciprocity.

(b) Applicant must present a government-issued photographic

identification card which contains the applicant’s signature

and date of birth. In the event of a name change, legal

proof of the change must be presented.

(2) Two additional forms of government-issued identification must be

presented by the applicant. In the event of a name change, legal

proof of

the change must be presented.

(3) A current, valid out of state practitioner license. The license will

be reviewed to determine that all information contained in it

including name, registration number, and expiration date of license,

matches the information which was provide in the affidavit.

(4) Any applicant who uses or proposes to use a specific device in any

practice area of discipline must present certificate of proficiency

obtained in Mississippi or another state attesting to proper training

in the use of the device.

c. The applicant will be interviewed to determine his or her eligibility to

licensed by reciprocity. The interview will be recorded. The following

determinations will be made:

(1) the applicant is at least 17 years of age.

(2) the applicant is able to read, write and speak English.

C. If the applicant fails to present evidence satisfactory, of meeting all requirements for

reciprocity, he or she will be advised that the application cannot be accepted, and the

reason for same. The applicant will be advised, in writing, of the right to an

administrative hearing before the Board.

D. If the applicant is deemed to meet all reciprocity eligibility requirements, he or she is

required to:

1. Complete an Application for Reciprocity. The Board approved form,

“

Application

for Licensure by Reciprocity,” must be completed in its entirety.

2. Pay the required fee. The prevailing fee is that which has been established by

Law, Section 73-7-29, of the Mississippi Code of 1972 as amended and may be

submitted by personal check, cashier’s check, money order, or cash.

Source: Miss. Code Ann. §§ 73-7-7, 73-7-23 (Rev. 2013)

Rule 2.12 License by Reciprocity - Instructor

A. Eligibility Requirements for Instructor Licensure by Reciprocity

An instructor from any other state may be qualified for a Mississippi instructor’s license

by satisfying the following requirements:

1. Must be at least twenty-one (21) years of age.

2. Must be able to read, write and speak English.

3. Must possess a high school education or its equivalency.

4. Must possess a valid instructor’s license.

5. Must have completed six (6) semester hours in college courses approved by

the Board.

6. Must have completed training equivalent to Mississippi’s training as provided in

Miss. Code Ann. Section 73-7-15, or have three (3) years or more of experience as

a licensed instructor prior to application.

7. Must have completed a minimum of five (5) continuing education (CE) hours in

Mississippi Board laws, rules and regulations. The fee for five (5)-hour CE

seminar shall be $75.00. The dates and times for the CE seminar shall be posted on

the Board’s website.

B. When College Courses Requirement Not Completed at the Time of Application

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 one-time

temporary teaching permit, which shall be valid for six (6) months and shall be

nonrenewable. See Rule 3.3. The request for the one-time temporary teaching permit must

be made on the application for instructor’s license by reciprocity. Such application must

be accompanied by proof of enrollment in college course(s), required permit fee of

$25.00, 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.

C. The application packet, which must be completed in its entirety, must be accompanied by

the following:

1. Two (2) recent passport photographs of the applicant.

2. Proof of eligibility requirements as established in this Rule.

3. The required license fee. (Exception: If the applicant has not completed the college

courses requirement at the time of application, the license fee shall be paid at the

time when proof of completion of college courses has been submitted to the Board

office.)

D. The application packet may be accompanied by a one-time temporary teaching permit fee

of $25.00 if the applicant has not completed the college courses requirement at the time of

application and desires to apply for the one-time temporary teaching permit. See Rule 3.3.

Source: Miss. Code Ann. §§ 73-7-7, 73-7-15, 73-7-23 (Rev. 2013)

Rule 2.13 Reciprocity for Military Personnel and Military Spouses

In accordance with the requirements of Miss. Code Ann. § 73-50-1, a military trained or military

spouse applicant may gain licensure to practice in the State of Mississippi under the following

circumstances:

A. For a military-member applicant:

1. Must show proof of licensure by a state Cosmetology regulatory board that is in

good standing and be actively practicing. Proof of licensure shall include

presentation of a current valid out-of-state license and submission of an affidavit

mailed directly to the Mississippi State Board of Cosmetology by the licensing

authority that contains the following: 1) the seal-impress of the licensing authority;

2) at least one signature of an official of the licensing authority; 3) the applicant’s

name and address; 4) the applicant’s registration number or license identification

number; and 5) the courses in which the applicant was enrolled, total clock hours

earned, and information regarding current license.

Or, as an unlicensed cosmetologist graduating within the last two (2) years,

applicant must show proof by way of affidavit of completion of a course of

Cosmetology study from a board approved Cosmetology school.

2. Must conform with the reciprocity rules found under Rule 2.11.

3. Must appear for an application eligibility interview and show the following: 1)

present two (2) current passport photos attached to the application for reciprocity;

2) present two (2) forms of government-issued identification; 3) proof that the

applicant is at least seventeen (17) years of age; 4) demonstrate the ability to read

write and speak English; and 5) any applicant that proposes to use a specific device

in any are of cosmetology must present a certificate of sufficiency obtained in a

state in good standing attesting to proper training in the use of the device.

4. An applicant for an instructor’s license must have completed a minimum of five

(5) continuing education hours in Mississippi Board of Cosmetology laws, rules

and regulations at the time of application.

5. Instructor candidates may submit, on an official transcript, academic credit

designated by the American Council on Education (“ACE”)’s Military Guide to

the Board for consideration to meet all or part of the academic semester hours

required for instructor candidate eligibility.

B. For a military spouse:

1. Must show evidence that the applicant is a legal spouse of an active member of the

military.

2. Must show proof of licensure by a state Cosmetology regulatory board that is in

good standing and be actively practicing. Proof of licensure shall include

presentation of a current valid out-of-state license and submission of an affidavit

mailed directly to the Mississippi State Board of Cosmetology by the licensing

authority that contains the following: 1) the seal-impress of the licensing authority;

2) at least one signature of an official of the licensing authority; 3) the Applicant’s