SENATE DOCKET, NO. 11        FILED ON: 1/8/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 190

The Commonwealth of Massachusetts

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PRESENTED BY:

Diana DiZoglio

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act requiring domestic violence and sexual assault education for certain occupations.

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PETITION OF:

SENATE DOCKET, NO. 11        FILED ON: 1/8/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 190

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 137 OF 2019-2020.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act requiring domestic violence and sexual assault education for certain occupations.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Section 87T of chapter 112 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out the definition of “Board” and inserting in place thereof the following definition:- “Board”, the board of registration of cosmetology and barbering established by section 42 of chapter 13.

SECTION 2. Said chapter 112 of the General Laws is hereby amended by inserting after section 87V the following section:-

Section 87V1/2. (a) All applicants for a new aesthetician, barber, cosmetologist, electrolysis or manicurist license, hereinafter a license, shall complete 1 hour of domestic violence and sexual assault awareness education as part of their educational requirements for initial licensing.

(b) All applicants for renewal of an existing license shall complete 1 hour of domestic violence and sexual assault awareness continuing education as part of their educational requirements for each renewal of such license.

(c) A licensed aesthetician, barber, cosmetologist, electrolysis or manicurist who completes domestic violence and sexual assault awareness education or continuing education as part of his or her licensing or renewal requirements, or his or her employer, shall not be civilly or criminally liable for acting in good faith or failing to act on information obtained during the course of employment concerning potential domestic violence or sexual assault.

(d) The board, in its discretion, may waive the requirement of domestic violence and sexual assault awareness continuing education upon renewal of an existing license pursuant to this section, and shall adopt rules and regulations defining the standards and criteria for such waiver under the following circumstances:-

(i) the licensee resides in a locality where it is demonstrated that the absence of opportunities for such education would interfere with the ability of the licensee to provide service to the public;

(ii) that to comply with the domestic violence and sexual assault awareness continuing  education requirement would cause a substantial financial hardship on the licensee;

(iii) that the licensee is serving in the United States Armed Forces; or

(iv) that the licensee is incapacitated due to illness.

(e) The board shall promulgate rules and regulations to:

(i) establish a process for verifying the completion of the domestic violence and sexual assault awareness education and continuing education requirements;

(ii) establish requirements for domestic violence and sexual assault awareness education and continuing education courses and instructors; and

(iii) otherwise carryout the provisions of this section.