Budget Amendment ID: FY2017-S4-740-R1
Redraft ECO 740
Modernizing Cosmetology and Barbering Services
Messrs. Fattman, Tarr and Ross moved that the proposed new text be amended by inserting, after section __, the following new sections:-
“SECTION ____. Section 87T of chapter 112 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting, in line 76, before the definition of “Post-secondary institution” the following two definitions:-
“Mobile business” a person or organization authorized by the board to provide mobile services.
“Mobile Services” those practices within the definitions of aesthetics, barbering, cosmetology, electrolysis, hairdressing, and manicuring that the board authorizes to be provided at locations other than a licensed shop.
SECTION ____. The first paragraph of Section 87V of said chapter 112, as so appearing, is hereby amended by inserting, in line 4, after the word “manicuring”, the words “mobile services,”.
SECTION ____. The first paragraph of said Section 87V of said chapter 112, as so appearing, is hereby further amended by inserting, in line 4, after the word “shops”, the words “and mobile businesses”.
SECTION ____. The second paragraph of said Section 87V of said chapter 112, as so appearing, is hereby amended by striking out, in line 15, the word “shop” and replacing it with the words “person licensed or authorized by the board”.
SECTION ____. The second paragraph of said Section 87V of said chapter 112, as so appearing, is hereby further amended by striking out, in line 16, the word “therein”.
SECTION ____. The third paragraph of said Section 87V of said chapter 112, as so appearing, is hereby amended by striking out, in lines 20-21, the words “fixed place or establishment, which place or establishment” and replacing them with the words “licensed shop or other location authorized by the board, and”.
SECTION ____. Section 87W of said chapter 112, as so appearing, is hereby amended by inserting, in line 16, after the word “attendance” the words “or other location authorized by the board”.
SECTION ____. Section 87AA of said chapter 112, as appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-
Section 87AA. The board may authorize 1 or more licensees or any person employing 1 or more licensees, upon payment to the board of a fee as provided in section 87CC, to operate a licensed shop. A mobile business or the holder of a shop license shall not employ for hire or allow any individual to provide aesthetics, barbering, cosmetology, electrolysis, hairdressing or manicuring in such shop or mobile business unless the individual is licensed in accordance with sections 87T to 87JJ, inclusive.
SECTION ____. Section 87AA of said chapter 112, as so appearing, is hereby further amended by striking out the second paragraph and inserting in place thereof the following paragraph:-
Shop licenses issued under this section shall be valid only for the location named therein. Upon change of location of a licensed shop, a new license shall be issued to such shop upon payment of the fee provided in section 87CC. Shop licenses and mobile business authorizations shall not be transferable.
SECTION ____. Section 87CC of chapter 112, as so appearing and as amended by St. 2016, c. 70, § 5, is hereby further amended by inserting after the last sentence the following sentence:-
All licensing and application fees and civil administrative penalties collected under sections 87T to 87JJ, inclusive, shall be deposited into the Division of Professional Licensure Trust Fund established in section 35V of chapter 10.
SECTION ____. Said chapter 112 of the General Laws, as appearing in the 2014 Official Edition, is hereby further amended by striking out section 87DD and inserting in place thereof the following section:-
Section 87DD. The board may enter and inspect any shop, school or mobile business in a proper manner at any time during business hours thereof. Whenever a complaint is made to the board that any person has suffered personal injury as a result of the practice of the occupation of aesthetics, barbering, cosmetology, electrology, hairdressing or manicuring or that any person has been exposed to a hazard to the public’s health, safety or welfare or that any contagious or infectious disease has been imparted, at any shop or by any licensee or authorized mobile business, or that any shop, school or location where mobile services are performed is kept in an unsanitary condition or that any person has been engaged in aesthetics, barbering, cosmetology, electrolysis, hairdressing or manicuring in violation of sections 87T to 87JJ, inclusive, the board shall visit and inspect such school or place where such violation is alleged to have occurred and enforce said sections 87T to 87JJ inclusive in accordance with applicable law and regulations. The board may investigate the standard of professional training at any school and the sufficiency of the course or courses there given.
SECTION ____. Section 87II of said chapter 112, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-
Whoever engages in or follows, acts as an instructor of or attempts to engage in or follow the occupation of aesthetics, barbering, cosmetology, electrolysis, hairdressing or manicuring, unless duly licensed by the board, and whoever conducts or attempts to conduct a shop or school not so licensed or mobile business not authorized by the board, and whoever violates any provision of sections 87T to 87HH, inclusive, or any rule or regulation made under the authority thereof, shall, in addition to any other penalty prescribed or authorized by said sections, be subject to penalties as proscribed in sections 61 to 65E, inclusive. Upon notice from the board, the board of health or equivalent authority of the several cities and towns of the commonwealth shall terminate any general authorization to conduct business given to a shop or school not licensed or mobile business not authorized by the board."