Session Law

2014

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Chapter 236 AN ACT MODERNIZING LICENSING OPERATIONS AT THE DIVISION OF PROFESSIONAL LICENSURE

     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 striking out section 12C, as appearing in the 2012 Official Edition, and inserting in place thereof the following section:-
     Section 12C.  The members of the board shall serve without compensation but shall be reimbursed for actual and necessary expenses reasonably incurred in the performances of their duties as members or on behalf of the board.
     SECTION 2.  Said chapter 13 is hereby further amended by striking out section 18, as so appearing, and inserting in place thereof the following section:-
     Section 18.  The members of the board shall serve without compensation shall be reimbursed for actual and necessary expenses reasonably incurred in the performances of their duties as members or on behalf of the board.
     SECTION 3.  Said chapter 13, as so appearing, is hereby further amended by striking out section 28 and inserting in place thereof the following section:-
     Section 28.  The members of the board shall serve without compensation but shall be reimbursed for actual and necessary expenses reasonably incurred in the performances of their duties as members or on behalf of the board.
     SECTION 4.  Section 29 of said chapter 13, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-
     In making such appointments, 4 of the members shall reside outside of Suffolk County.
     SECTION 5.  Said chapter 13 is hereby further amended by striking out section 31, as so appearing, and inserting in place thereof the following section:-
     Section 31.  The members of the board shall serve without compensation but shall be reimbursed for actual and necessary expenses reasonably incurred in the performances of their duties as members or on behalf of the board.
     SECTION 6.  Section 32 of said chapter 13, as so appearing, is hereby amended by striking out the fourth to ninth sentences and inserting in place thereof the following sentence:-  The members of the board shall serve without compensation but shall be reimbursed for actual and necessary expenses reasonably incurred in the performances of their duties as members or on behalf of the board.
     SECTION 7.  Said chapter 13, as so appearing, is hereby further amended by striking out section 35 and inserting in place thereof the following section:-
     Section 35.  The members of the board shall serve without compensation but shall be reimbursed for actual and necessary expenses reasonably incurred in the performances of their duties as members or on behalf of the board.
     SECTION 8.  Section 36 of said chapter 13, as so appearing, is hereby amended by striking out the second and third paragraphs.
     SECTION 9.  Said chapter 13 is hereby further amended by striking out section 38, as so appearing, and inserting in place thereof the following section:-
     Section 38.  The members of the board shall serve without compensation but shall be reimbursed for actual and necessary expenses reasonably incurred in the performances of their duties as members or on behalf of the board.
     SECTION 10.  Sections 39 to 41, inclusive, of said chapter 13, are hereby repealed.
     SECTION 11.  Said chapter 13 is hereby further amended by striking out section 42, as so appearing, and inserting in place thereof the following section:-
     Section 42.  There shall be a board of registration of cosmetology and barbering to consist of 9 members who shall be appointed by the governor, 1 of whom shall be designated as chairperson by a majority vote of the board. Members shall be appointed for terms of 3 years; provided, however, that any person designated to fill a vacancy shall be appointed only for the remainder of the unexpired term of the member so replaced. Upon the expiration of a term of office, a board member may continue to serve until a successor has been appointed and qualified.
     The governor may remove the chairperson or other member of the board for neglect of duty or malfeasance or upon a conviction of a felony or crime of moral turpitude. No board member shall participate in any matter before the board in which the member has a pecuniary interest, personal bias or other conflict. 
     The governor shall appoint members to the board from among candidates who meet the following qualifications:- (i) 8 members shall be licensees of the board, in compliance with sections 87T to 87KK, inclusive, of chapter 112, 1 of whom shall own a licensed cosmetology school or post-secondary institution for at least 5 years, 1 of whom shall be a cosmetologist for at least 5 years, 1 of whom shall be a licensed shop owner for at least 5 years, 1 of whom shall be a licensed vocational educator from the public sector who has taught cosmetology or barbering for at least 5 years, 2 of whom shall be licensed master barbers for at least 5 years, 1 of whom shall be a licensed electrologist for at least 5 years and 1 of whom shall be a licensed aesthetician for at least 5 years; and (ii) 1 member shall be a representative of the general public and shall have no direct affiliation with the practice of cosmetology, barbering or electrology.
     SECTION 12.  Sections 43 and 44 of said chapter 13 is hereby repealed.
     SECTION 13.  Said chapter 13 is hereby amended by striking out section 44D, as so appearing, and inserting in place thereof the following section:-
     Section 44D.  The members of the board shall serve without compensation but shall be reimbursed for actual and necessary expenses reasonably incurred in the performances of their duties as members or on behalf of the board.
     SECTION 14.  Section 46 of said chapter 13, as so appearing, is hereby amended by striking out the last sentence.
     SECTION 15.  Said chapter 13 is hereby amended by striking out section 50, as so appearing, and inserting in place thereof the following section:-
     Section 50.  The members of the board shall serve without compensation but shall be reimbursed for actual and necessary expenses reasonably incurred in the performances of their duties as members or on behalf of the board.
     SECTION 16.  Said chapter 13 is hereby amended by striking out section 53, as so appearing, and inserting in place thereof the following section:-
     Section 53.  The members of the board shall serve without compensation but shall be reimbursed for actual and necessary expenses reasonably incurred in the performances of their duties as members or on behalf of the board.
     SECTION 17.  Section 57 of said chapter 13, as so appearing, is hereby amended by striking out the second and third sentences.
     SECTION 18.  Sections 58 to 60, inclusive, of said chapter 13 are hereby repealed.
     SECTION 19.  Sections 61 to 63, inclusive, of said chapter 13 are hereby repealed.
     SECTION 20.  Said chapter 13 is hereby amended by striking out section 66, as appearing in the 2012 Official Edition, and inserting in place thereof the following section:-
     Section 66.  The members of the board shall serve without compensation but shall be reimbursed for actual and necessary expenses reasonably incurred in the performances of their duties as members or on behalf of the board.
     SECTION 21.  Section 68 of said chapter 13, as so appearing, is hereby amended by striking out, in lines 4  to 6, inclusive, the words “and a secretary who may, but need not, be a member of the board. At all meetings of the board a quorum shall consist of three members”.
     SECTION 22.  Said chapter 13 is hereby amended by striking out section 72, as so appearing, and inserting in place thereof the following section:-
     Section 72.  The members of the board shall serve without compensation but shall be reimbursed for actual and necessary expenses reasonably incurred in the performances of their duties as members or on behalf of the board.
     SECTION 23.  The first paragraph of section 85 of said chapter 13, as so appearing, is hereby amended by striking out the last sentence.
     SECTION 24.  The second paragraph of said section 85 of said chapter 13, as so appearing, is hereby further amended by striking out the second sentence.
     SECTION 25.  The first paragraph of section 92 of said chapter 13, as so appearing, is hereby amended by striking out the third and fourth sentences and inserting in place thereof the following sentence:- At least 1 of the appraiser members shall be a state-certified general real estate appraiser, and 1 shall be a state-certified residential real estate appraiser.
     SECTION 26.  Said section 92 of said chapter 13, as so appearing, is hereby further amended by striking out the seventh paragraph. 
     SECTION 27.  Said section 92 of said chapter 13, as so appearing, is hereby further amended by striking out the last paragraph.
     SECTION 28.  The third paragraph of section 93 of said chapter 13, as so appearing, is hereby amended by striking out the second sentence. 
     SECTION 29.  Section 95 of said chapter 13 is hereby repealed.
     SECTION 30.  Section 97 of said chapter 13, as so appearing, is hereby amended by striking out, in line 25, the words “201 to 206” and inserting in place thereof the following words:- 221 to 226.
     SECTION 31.  Section 60J of chapter 112 of the General Laws, as so appearing is hereby amended by striking out the last sentence and inserting in place thereof the following words:- Such roster shall be posted on a publicly available website.
     SECTION 32.  Said chapter 112 is hereby further amended by inserting after section 65E the following section:-
     Section 65F.  Notwithstanding any general law or special law to the contrary, the fee for reinstating a lapsed or expired license issued by a board of registration under the supervision of the division of professional licensure shall be not more than the cost of the current renewal fee for 2 missed renewal cycles. The fee for reinstatement shall be in addition to any applicable late fee.
     SECTION 33.  Section 81I of said chapter 112, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- Such roster shall be posted on a publicly available website.
     SECTION 34.  Section 81Q of said chapter 112, as so appearing, is hereby amended by striking out, in lines 3 and 4, inclusive, the words “, if three or more members of the board vote in favor of such reissuance”.
     SECTION 35.  Sections 87F to 87S, inclusive, of said chapter 112 are hereby repealed.
     SECTION 36.  Said chapter 112 is hereby amended by striking out sections 87T to 87KK, inclusive, and inserting in place thereof the following 18 sections:-
     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.
     “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.
     Section 87U.  The board may require schools to register or report the progress of enrolled students. No fee shall be required for such registration. No student shall practice aesthetics, barbering, electrolysis, hairdressing or manicuring upon any paying customer and no school shall directly or indirectly make any charge for services in connection with such practice of aesthetics, barbering, cosmetology, electrolysis, hairdressing or manicuring. A school shall not pay a student for any services rendered by the student.
     Section 87V.  The board shall make such uniform rules and regulations as the board deems proper for the performance of its duties, the practice of aesthetics, barbering, cosmetology, electrolysis, hairdressing, manicuring, the operation of shops and rules governing the education, experience or examination requirements for applicants for an aesthetician, barber, cosmetologist, electrologist or manicurist licenses. The board shall hold frequent examinations in the greater Boston area and at such other convenient locations as it deems necessary. The board may issue specialty limited licenses within the practice of aesthetics, barbering, cosmetology, electrolysis, hairdressing and manicuring to the extent necessary for the protection of the public’s health, safety and welfare.
     Except as may be necessary for the protection of the public health, safety or morals, the board shall not make any rule or regulation restraining the normal and incidental business of a shop by restricting the retail sale therein of so-called beauty preparations, lotions, salves, toilet articles, jewelry, gift novelties, personal attire and accessories or other articles.
     The practice of aesthetics, barbering, cosmetology, electrolysis, hairdressing and manicuring shall be engaged only in a fixed place or establishment, which place or establishment shall be provided with such instruments, implements and equipment and subject to such sanitary regulations and inspection as said board may prescribe. The board shall promulgate rules and regulations permitting the dual use of a room for massage therapy and cosmetology within the establishment provided the establishment is also licensed as a massage therapy establishment.
     Section 87W.  Any demonstrator who has had at least 3 months of practical experience as such and who, after application, accompanied by a notarized affidavit from each manufacturer or distributor for whom the demonstrator is or was employed during such 3-month period and the fee as provided in section 87CC, together with 2 pictures of the applicant, may be licensed by the board as a demonstrator and thereafter may practice as a demonstrator. Any person who is licensed as a hairdresser, barber, cosmetologist, aesthetician, operator or instructor may, upon payment of said fee, be licensed also as a demonstrator and may thereafter practice as such. Such demonstrations shall be given by a demonstrator only in a licensed shop, in the business quarters of distributors or supply houses in the commonwealth, at professional trade shows or meetings in the presence of licensed shop owners and their employees or in schools or post-secondary institutions with a licensed instructor in attendance.
     Section 87X.  No licensee shall include in any advertising or publish, issue or make any misrepresentation or false, fraudulent or misleading statements through the press, circulation of advertising matter, radio, television, display signs or otherwise.
     Section 87Z.  The board may license, with or without examination, any individual who has been licensed as an aesthetician, barber, cosmetologist, electrologist or manicurist under the laws of another state, which, in the opinion of the board, maintains a standard substantially equivalent to that of the commonwealth. The board may require additional education if it determines that the standards required for the licensing in another state are inconsistent with the standards in effect in the commonwealth.
     The word “state”, as used in this section, shall include the District of Columbia, any territory of the United States or foreign country, state or province.
     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. The owner of such shop shall not employ for hire or allow any individual to provide aesthetics, barbering, cosmetology, electrolysis, hairdressing or manicuring in such shop unless licensed in accordance with sections 87T to 87JJ, inclusive.
     Licenses issued under this section shall be valid only for the location named therein, and shall not be transferable. 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.
     Section 87BB.  The board may license or approve any school which it approves, upon payment of a fee as provided in section 87CC, and 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 school are maintained and satisfactory to the board and sufficient courses are offered at the school.
     The board shall also issue licenses to all instructors to teach aesthetics, barbering, cosmetology, electrolysis, hairdressing or manicuring who have adequate experience and education and meet any examination determined by the board.
     A person not licensed as an instructor shall not instruct in aesthetics, barbering, cosmetology, electrolysis, hairdressing or manicuring in any school except as authorized by the board.
     No person shall be examined as an instructor or licensed as such nor granted a temporary license unless, at the time of filing the application for examination, that person has successfully completed a 4-year high school course or possesses the educational equivalent thereof.
     The board may make such reasonable rules and regulations as are necessary for the proper conduct of schools, qualifications of instructors, courses of study and hours of study and as to standards of professional training. 
     Section 87CC.  The fees for a license issued by the board, or for any renewal thereof, shall be determined by the secretary of administration and finance under section 3B of chapter 7. The director of professional licensure shall determine the renewal cycle and renewal period for all licenses issued by the board. Persons licensed in accordance with sections 87T to 87JJ, inclusive, shall apply to the board for renewal of their licenses on or before the expiration date, as determined by the director, unless such license was earlier revoked, suspended or cancelled as a result of a disciplinary proceeding instituted under this chapter. Applications for renewal shall be made on forms approved by the board and accompanied by payment of a renewal fee, as determined by the secretary of administration and finance under said section 3B of said chapter 7. 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 87DD.  The board may enter and inspect any shop or school 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 that any shop or school is kept in an unsanitary condition or that any person has been engaged in aesthetics, barbering, cosmetology, electrolysis, hairdressing or manicuring is 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. The board may investigate the standard of professional training at any school and the sufficiency of the course or courses there given.
     Section 87EE.  The board shall be under the supervision of the division of professional licensure and shall have all the authority conferred under sections 61 to 65E, inclusive. The board, under such reasonable rules and regulations as it may make, may for cause, including unprofessional conduct, fraud, deceit or misrepresentation in practice or in advertising, habitual drunkenness, gross incompetence or for violation of any of sections 87T to 87JJ, inclusive, or any rule or regulation made thereunder, revoke, suspend or otherwise discipline any licensee granted a license under said sections 87T to 87JJ, inclusive.
     Section 87FF.  The board may, by a majority vote, again license a person or school 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.
     Section 87GG.  Each license granted under sections 87T to 87JJ, inclusive, shall expire upon the date prescribed pursuant to section 87CC and shall be renewed upon the filing of an application for renewal and the payment of the prescribed renewal fee not later than its expiration. No person licensed under said sections shall engage in the occupation covered by such license until the prescribed renewal fee shall have been paid and renewed license issued. Any licensee whose license has not been renewed within 3 years following the date of expiration of that license shall be entitled to renewal of such license upon filing an application, accompanied by the proper fee for renewal and by passing a practical examination satisfactory to the board; provided, however, that a person who has at any time been licensed as both an aesthetician, barber, electrologist or cosmetologist and as an instructor, if such person has every 2 years renewed either such license, may reinstate the other without examination even if such other has been lapsed beyond 3 years.
     Section 87HH.  Any person aggrieved by the refusal of the board to grant, or by its suspension or cancellation of, a license, or by its refusal to again license the person, may seek judicial review under section 14 of chapter 30A.
     Section 87II.  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, 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 by the board.
     No person shall engage in the practice of electrolysis or hold oneself out as a practitioner of or being able to practice electrolysis unless that person is duly licensed by the board or is a qualified physician licensed under the laws of the commonwealth.
     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.
     Section 87KK.  Sections 87T to 87JJ, inclusive, shall apply to licensees who are employed by the commonwealth. Nothing in sections 87T to 87JJ, inclusive, shall be deemed to authorize a licensee to engage in massage or any other occupation requiring a license to the extent such services fall outside the scope of the license issued by the board.
     SECTION 37.  Sections 87EEE to 87OOO, inclusive of said chapter 112 are hereby repealed.
     SECTION 38.  Sections 87PPP to 87VVV, inclusive, of said chapter 112 are hereby repealed.
     SECTION 39.  Section 21 of chapter 142 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out, in line 8, the words “, subject to the approval of the department of public health, ”.
     SECTION 40.  Any school licensed under the board of registration of cosmetology and the board of registration of barbers shall be exempt from section 263 of chapter 112 of the General Laws. The exemption shall remain in effect until July 1, 2015.
     SECTION 41.  Of the initial members appointed to the board of registration of cosmetology and the board of registration of barbers, 3 shall be appointed for 1-year terms, 3 shall be appointed for 2-year terms and 3 shall be appointed for 3-year terms.
     SECTION 42.  Notwithstanding any general law or special law to the contrary, no applicant seeking to practice in a field where individuals are licensed under chapter 112 of the General Laws will be exempted from meeting the qualifications for licensure without providing satisfactory evidence to the board that such applicant meets the qualifications for licensure or the equivalent and receives the express written approval of the board of registration which grants the designated license.
     SECTION 42A.  The board of registration inembalming and funeral directing shall promulgate regulations allowing licensed funeral establishments to serve food and beverages in a manner consistent with public health.
     SECTION 43.  Notwithstanding sections 10 to 13, inclusive, 19, and 36  to 38, inclusive, all orders, rules and regulations duly made and all licenses and approvals duly granted which are in force immediately before the effective date of this act shall continue in force and shall thereafter be enforced until superseded, revised, rescinded or cancelled in accordance with law by the appropriate board; provided, however, that a member of any board amended by this act, shall continue to serve as a voting, full-time member of said board until such time as that member’s term of office expires.
     SECTION 44.  Sections 10 to 12, inclusive, 18, 35 to 37, inclusive, and 40 shall take effect 180 days after the effective date of this act.

Approved, August 6, 2014