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The 189th General Court of the Commonwealth of Massachusetts

Section 87T: Definitions applicable to Secs. 87T to 87KK

  Section 87T. The following words, as used in sections 87T to 87KK, inclusive, shall have the following meanings unless the context clearly requires otherwise:

  "Aesthetician'', a person who is licensed by the board to perform aesthetics.

  "Aesthetics'', cleansing, stimulating, manipulating and beautifying of the skin using hands, mechanical or electrical apparatus or appliances, cosmetic preparations, tonics, lotions or creams; or performing or offering to perform, with or without compensation, any of the above-mentioned services for the public generally; provided however, that aesthetics only includes methods that are minimally invasive and pose a minimal risk to the public's health as defined by the board; provided further, that the practice of aesthetics includes holding oneself out as an aesthetician or as someone engaged in the practice of aesthetics or in any manner offering to practice as an aesthetician.

  "Barber'', a person who is licensed by the board to perform barbering.

  "Barbering'', shaving or trimming the beard, cutting the hair, giving facial and scalp massages, giving facial and scalp treatments with oils and creams and other preparations made for that purpose, either by hand or mechanical appliances, singeing and shampooing the hair or applying any make of hair tonics or dying the hair of any person, or performing or offering to perform, with or without compensation, any of the above-mentioned services for the public generally.

  The practice of barbering includes holding oneself out as a barber or as someone engaged in the practice of barbering or in any manner offering to practice as a barber.

  "Board'', the board of registration of cosmetology established by section 42 of chapter 13 and the board of registration of barbers established in section 39 of said chapter 13.

  "Cosmetologist'', a person who is licensed by the board to perform cosmetology.

  "Cosmetology'', the practice of aesthetics, manicuring and hairdressing for compensation or performing or offering to perform, with or without compensation, any of the above mentioned services for the public generally; provided, that the practice of cosmetology shall include holding oneself out as a cosmetologist or as someone engaged in the practice of cosmetology or in any manner offering to practice as a cosmetologist; provided, however, that the definition of cosmetology shall not include barbering, make-up artistry or acts performed as a demonstrator.

  "Demonstrator'', a person who engages on behalf of a manufacturer, wholesaler, retailer or distributor in demonstrating the use of any technique, machine or other article pertaining to cosmetology or barbering without charge to the person who is subject to such demonstration.

  "Electrologist'', a person who is licensed by the board to perform electrolysis.

  "Electrolysis'', the method of removing hair from the human body by the application of an electrical current or any other form of energy to the hair-papilla or other source of hair germination by means of a needle or any other instrument or device to cause decomposition, coagulation, dehydration or other form of tissue destruction, to permanently disable the hair follicle from producing hair.

  "Hairdressing'', arranging, dressing, curling, waving, cleansing, cutting, singeing, bleaching, coloring or similarly treating the hair of any person or any combination of any of the foregoing, or performing or offering to perform, with or without compensation, any of the above-mentioned services for the public generally; provided, that the practice of hairdressing includes someone engaged in the practice of hairdressing or in any manner offering to practice hairdressing.

  "Instructor'', a person who is licensed by the board to teach a branch of aesthetics, barbering, cosmetology, electrolysis, hairdressing or manicuring in a school or post-secondary institution.

  "Licensee'', an individual licensed by the board.

  "Manicurist'', a person who is licensed by the board to perform manicuring.

  "Manicuring'', the cutting, trimming, polishing, tinting, coloring or cleansing the nails of any person; or performing or offering to perform, with or without compensation, any of the above-mentioned services for the public generally; provided, that "manicuring'' includes holding oneself out as a manicurist or as someone engaged in "manicuring'' or in any manner offering to practice as a manicurist.

[ Definitions of "Mobile business'' and "Mobile services'' inserted following "Manicuring'' by 2016, 133, Sec. 79 effective July 1, 2016. See 2016, 133, Sec. 203.]

  "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 a location other than a licensed shop.

  "Post-secondary institution'', an educational program approved or licensed to teach aesthetics, barbering, cosmetology, electrolysis, hairdressing or manicuring that admits as regular students only those individuals who: (i) have a high school diploma; (ii) have the recognized equivalent of a high school diploma; or (iii) are beyond the age of compulsory school attendance as defined under section 1 of chapter 76.

  "Regular student'', a person who is enrolled or accepted for enrollment at a post-secondary institution to obtain a degree, certificate or other board recognized educational credential offered by that institution.

  "School'', a school or other non post-secondary institution conducted to teach aesthetics, barbering, cosmetology, electrolysis, hairdressing or manicuring, or such of its branches as the board may require which is approved by the board.

  "Shop'', a physical location to which customers come for aesthetics, barbering, cosmetology, electrolysis, hairdressing or manicuring.