HOUSE DOCKET, NO. 2938 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 310
|
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Carlos González
_________________
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 relative to pet grooming.
_______________
PETITION OF:
Name: | District/Address: | Date Added: |
Carlos González | 10th Hampden | 1/18/2023 |
Bud L. Williams | 11th Hampden | 1/20/2023 |
HOUSE DOCKET, NO. 2938 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 310
By Representative González of Springfield, a petition (accompanied by bill, House, No. 310) of Carlos González and Bud L. Williams relative to the regulation of pet groomers. Consumer Protection and Professional Licensure. |
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act relative to pet grooming.
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. Chapter 13 of the General Laws is hereby amended by adding the following section:-
Section 110. There shall be a board of registration of pet groomers to be appointed by the governor, with the advice and consent of the council, consisting of 5 members, citizens of the commonwealth, 4 of whom shall have been actively engaged in the business of pet grooming as a full-time occupation for not less than 5 years prior to their appointment and 1 of whom shall be a representative of the public. Members shall be appointed for terms of 5 years and elect from among themselves a chair. As the term of office of a member of the board expires, a successor shall be appointed by the governor, with like advice and consent, to serve for 5 years. Each member shall be eligible for reappointment and shall serve until the qualification of their successor. The governor may also, with like advice and consent, fill any vacancy in the board for the unexpired portion of the term.
SECTION 2. Chapter 112 of the General Laws is hereby amended by adding the following 4 sections:-
Section 290. As used in section 290A to 290C, inclusive, the following words shall have the following meanings unless the context clearly requires otherwise:-
“Board”, the board of registration of pet groomers, established by section 110 of chapter 13 of the General Laws.
“Box dryer", a product that is attached to or near a cage or box for the purpose of drying or aiding in the drying of a pet contained in a cage or box, capable of functioning without being manually held.
“Pet groomer”, an individual who clips, trims, styles, bathes, brushes, dries or performs other services, as determined by the board, on a pet for compensation.
“Pet grooming”, clipping, trimming, styling, bathing, brushing, drying or performing other services, as determined by the board, on a pet by a registered pet groomer.
“Pet grooming business”, a person, corporation, firm, proprietorship or other entity, operating as or operated by a registered pet groomer, where a pet may be clipped, trimmed, styled, bathed, brushed, dried or have other services performed on, as determined by the board, and provides these services in a commercial building, mobile unit or property owned or operated by the business or client.
Section 290A. No person shall practice as a pet groomer unless registered with the board. A person who is not less than 18 years of age, of good moral character and who meets the applicable qualifications and requirements for registration as a pet groomer, as established and adopted by the board, shall, upon application and payment of a fee, as determined annually by the secretary of administration under section 3B of chapter 7, be registered as a pet groomer. A pet groomer shall register biennially and shall pay a biennial registration fee determined under this section; provided, however, that the board may issue an initial registration for not more than 2 years. Notwithstanding the above registration requirement, a person who is not less than 18 years of age may practice as a pet groomer without being registered by the board for on-the-job training or professional education training under the supervision of a registered pet groomer for a preliminary and 1–time period of up to 6 consecutive months to commence from the beginning of the initial training if the person: (i) has not been previously employed, licensed or registered as a pet groomer; (ii) prior to the commencement of the training, provided written notification of such training to the board on a form prescribed by the board and a certification by the supervising pet groomer confirming that they will supervise the person during the training; and (iii) is not in violation of any rule or regulation adopted by the board.
The board shall furnish to each such person a registration certificate in a form prescribed by the board. The board shall promulgate rules and regulations that establish and define the acts, services and procedures that a pet groomer may perform.
All registration applications submitted to the board under this section shall be signed under the penalties of perjury by the person certifying the information contained therein.
Section 290B. A pet grooming business shall be operated by a registered pet groomer. The board shall promulgate rules and regulations related to the safety, sanitation and operation of a pet grooming business, including, but not limited to, the conditions of the temporary housing and holding area of a pet, minimum sitting and standing space of a pet, ventilation and climate control, provision of water for a pet, pet supervision requirements, bathing areas, equipment standards, pet restraints, pet grooming products, the use of box dryers, sanitation before and after the service of a pet, first aid for a pet, protocol for emergency situations and mandatory reporting requirements of potential animal cruelty or neglect. The board shall consider the Professional Pet Groomers & Stylists Alliance standards of care, safety and sanitation when promulgating rules and regulations.
A pet grooming business shall maintain records of clients and pets, including, but not limited to, the name of the pet, the name, address and phone number of the pet owner; known allergies of the pet, type of services provided to the pet and date of the services provided. A pet grooming business shall maintain incident reports of an incident occurring with a pet. The board shall establish rules related to incident reports, including, but not limited to, the types of incidents that shall be reported and the required description of an incident. An incident report shall be maintained for not less than 5 years from the date of the incident.
Section 290C. The board shall investigate all complaints relating to the proper practice of pet groomers by any person holding a certificate of registration under section 290A. The authority granted to the board in sections 290 to 290C, inclusive, shall include disciplining a pet groomer who is registered or authorized to practice for training purposes, and the board may exercise such authority by conducting hearings regarding complaints or by suspending, revoking or cancelling any such registration or authorization to practice as a pet groomer to protect the health, safety and welfare of the public.
A person who falsely asserts that they have a certificate granted by the board, or who, having such certificate or a duplicate thereof, fails to exhibit the same as required by section 290A, or who, except as permitted by section 290A, directly or indirectly practices or attempts to practice pet grooming without being registered under section 290A, or a registered pet groomer or incorporated pet grooming business who employs or permits a person to practice pet grooming unless such person is registered and exhibits their name and certificate as provided in section 290A, or a person who violates any provision of sections 290 to 290B, inclusive, for which no other penalty is provided, shall, except as provided in section 290C, be punished by a fine of not less than $100 or greater than $1000.