Licensing of schools

Miss. Code Ann. § 73-7-16, under Cosmetologists and Barbers.

Miss. Code Ann. § 73-7-16

(1) All schools of any profession regulated by the board or school owners shall have a school license and shall pay to the board the required license fee biennially therefor. A grace period of sixty (60) days will be given during which to renew the license, and upon the expiration of the grace period of sixty (60) days, any applicant for the renewal of a school license will be required to pay a delinquent fee in addition to the renewal fee. The board is authorized and empowered to promulgate necessary and reasonable rules and regulations for the issuance and renewal of school licenses.

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

(3) (a) Except as provided in paragraph (b) of this subsection (3), any school making application for a license under this chapter shall not be transferable for any cause and shall include a surety bond in the penal sum of Fifty Thousand Dollars ($50,000.00) in favor of the board on a bond form completed by the insurance company or agency. The applicant may file in lieu of the bond, cash, or a certificate of deposit or government bonds in the amount of Fifty Thousand Dollars ($50,000.00). The bond, cash, or a certificate of deposit required under this paragraph shall be for the provision of indemnification of any person suffering loss as the result of any false certification, school closure, any fraud or misrepresentation used on behalf of the principal in procuring such person’s enrollment in a course of instruction, including repayment of tuition paid in advance by any student. The bond, cash, or a certificate of deposit required under this section shall provide for the reimbursement of the commission of any actual administrative costs associated with an institution ceasing operations. If a surety bond is utilized under this paragraph, it shall provide blanket coverage for the acts of all persons engaged as agents of the school without naming them and without regard to the time they are engaged during the term of the bond.(b) The requirement in paragraph (a) of this subsection (3) to obtain a surety bond in favor of the board or to file cash, a certificate of deposit or government bonds in lieu thereof shall not apply to any entity protected by immunity under the Mississippi Tort Claims Act, Section 11-46-1 et seq.

(a) Except as provided in paragraph (b) of this subsection (3), any school making application for a license under this chapter shall not be transferable for any cause and shall include a surety bond in the penal sum of Fifty Thousand Dollars ($50,000.00) in favor of the board on a bond form completed by the insurance company or agency. The applicant may file in lieu of the bond, cash, or a certificate of deposit or government bonds in the amount of Fifty Thousand Dollars ($50,000.00). The bond, cash, or a certificate of deposit required under this paragraph shall be for the provision of indemnification of any person suffering loss as the result of any false certification, school closure, any fraud or misrepresentation used on behalf of the principal in procuring such person’s enrollment in a course of instruction, including repayment of tuition paid in advance by any student. The bond, cash, or a certificate of deposit required under this section shall provide for the reimbursement of the commission of any actual administrative costs associated with an institution ceasing operations. If a surety bond is utilized under this paragraph, it shall provide blanket coverage for the acts of all persons engaged as agents of the school without naming them and without regard to the time they are engaged during the term of the bond.

(b) The requirement in paragraph (a) of this subsection (3) to obtain a surety bond in favor of the board or to file cash, a certificate of deposit or government bonds in lieu thereof shall not apply to any entity protected by immunity under the Mississippi Tort Claims Act, Section 11-46-1 et seq.

(4) The school applicant shall maintain a professional liability insurance policy covering any aspect of the facility, personnel and/or students.

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

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

(7) The course content and length of instruction shall be of such nature and quality as to assure that the students will adequately develop the job skills and knowledge necessary for passing any and all examinations required for licensure.

(8) Schools shall provide favorable conditions for effective classroom instruction. A total pattern of successful instruction includes (a) well-defined instructional objectives, (b) systematic planning, (c) selection and use of varied types of learning materials and experiences, (d) adaptation of organization and instructional procedures to student needs, (e) use of varied evaluation instruments and procedures, and (f) good student and teacher morale.

(9) Each board-approved school of cosmetology, barbering, esthetics or nail technology must provide proof to the board of an annual pass rate that meets or exceeds the current minimum standard as established by the board.

(10) The board shall evaluate school curriculum for conformance with educational requirements set forth in this chapter.

(11) There shall be no automatic renewal of school licenses, and each licensee shall be audited for conformity before the issuance of a new license. Before the issuance of any such license, the board shall inspect the premises to determine if same conforms to the law.

(12) If a school closes a facility, the licensee must notify the board within sixty (60) days before closing and provide proof of the reason for the closure; proof of method developed to assist students with the completion of their program of study and individual courses; proof of notice sent to all currently enrolled students, notifying them of the closure; proof of notice given to students indicating where they may obtain any of their records; proof of disposition of student records, with a contact person, complete address, and telephone number and how students’ information may be obtained; proof of notice sent to all students who have paid for any tuition and/or fees for future enrollment in a program of study or individual course informing them of the closure, and refund information; proof of certified transcripts for each currently enrolled student who has paid for and completed coursework in lieu of receiving a full or partial refund. If a school files a bankruptcy petition, a certified copy must be filed with the board.

(13) No license issued by the board may be renewed until all monetary fines and penalties assessed by the board to the licensee are paid in full.

(14) School owners, instructors, and/or employees or contractors of the school shall adhere to the board’s statutes and rules and regulations and shall regard students with the same care and consideration as clients.