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The 191st General Court of the Commonwealth of Massachusetts

Section 87JJ: Aesthetics, barbering, cosmetology, electrolysis, hairdressing and manicuring; post-secondary institutions; requirement to register or report progress of enrolled students; approval of institution or renewal of license; rules and regulations; inspection; reissuance of license; penalties for violations

Section 87JJ. The board may require post-secondary institutions to register or report the progress of enrolled regular students and students. No fee shall be required for such registration. No regular student or student shall practice aesthetics, barbering, electrolysis, hairdressing or manicuring upon a paying customer and no post-secondary institution shall directly or indirectly charge for services in connection with such practice of aesthetics, barbering, cosmetology, electrolysis, hairdressing or manicuring. A post-secondary institution shall not pay a regular student or student for any services rendered by the regular student or student.

The board may approve any post-secondary institution, upon payment of a license fee as provided in section 87CC. Such license may be renewed upon payment of a renewal fee as provided in said section 87CC; provided, that standards of professional training at the post-secondary institution are maintained and satisfactory to the board and sufficient courses are offered at the post-secondary institution. If a proposed post-secondary institution meets all requirements established by this chapter and the regulations adopted pursuant thereto, the board shall issue a license to the proposed post-secondary institution. The license shall contain: (i) the name of the proposed post-secondary institution; (ii) a statement that the proposed post-secondary institution is authorized to operate educational programs beyond secondary education; and (iii) other information the board considers necessary.

The board may make such reasonable rules and regulations as are necessary for the proper conduct of post-secondary institutions, qualifications of instructors, courses of study, hours of study and standards of professional training.

The board may enter and inspect any post-secondary institution registered with the board in a proper manner at any time during the regular business hours of the post-secondary institution. 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, electrolysis, hairdressing or manicuring or that any person has been exposed to a hazard to the public's health and safety or welfare or that any contagious or infectious disease has been imparted at any post-secondary institution or any post-secondary institution is kept in an unsanitary condition or that any person has engaged in aesthetics, barbering, cosmetology, electrolysis, hairdressing or manicuring in violation of sections 87T to 87KK, inclusive, the board shall inspect such post-secondary institution where any such violation is alleged to have occurred and enforce said sections 87T to 87KK, inclusive. The board may investigate the standard of professional training at any post-secondary institution registered with the board and the sufficiency of the courses offered.

The board may, by a majority vote, reissue a license to a post-secondary institution whose license has been cancelled or revoke the suspension of a license under section 87EE, if satisfied that this can be done consistently with the public interest; provided, however, that notwithstanding this section, failure to pay or appeal an assessed fine shall be considered grounds for the refusal to renew a license under section 13 of chapter 30A.

Whoever conducts or attempts to conduct a post-secondary institution, not so licensed, shall, in addition to any other penalty prescribed or authorized by said sections, be subject to penalties as proscribed in sections 61 through 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 post-secondary institution not so licensed by the board.