iii SPECIAL REPORT of the COMMITIEE ON GOVERNMENT REGULATIONS Relative to THE REGISTRATION OF CERTAIN HAIRDRESSERS AS AESTHETICIANS.

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1 HOUSE iii No iii = \. -. '.,, SPECIAL REPORT.~. of the COMMITIEE ON GOVERNMENT REGULATIONS Relative to THE REGISTRATION OF CERTAIN HAIRDRESSERS AS AESTHETICIANS. (Under House order No of 1980) January 12, 1911.,; '..~. -,~ S :'., ',.?'

2 1981] HOUSE - No ~.. REPORT OF THE COMMITTEE ON GOVERNMENT REGULATIONS RELATIVE TO THE LICENSING AND EDUCATIONAL REQUIREMENTS OF HAIRDRESSERS AND AESTHETICIANS (under Hou e Bill 6170 Study Order of 1980) December 3, 1980

3 4 HOUSE - No [Jsnuary MEMBERS OF THE COMMITTEE ON GOVERNMENT REGULATIONS SENATE MEMBERS Senator Denis L. McKenna, Senate Chairman Senator Edward L. Burke Senator William X. Wall Senator Philip L Shea Senator John F. Aylmer Senator Robert A. Hall HOUSE MEMBERS Representative Robert B. Ambler, House Chairman Representative Arthur M. Khoury Representative Daniel F. Pokaski Representative William F. Galvin Representative Michael J. Lombardi }:,. Representative Richard L. Walsh ~... -~~.. Representative Donald J. Manning Representative Lawrence R. Alexander Representative Richard P. Roche Representative Robert W. Gillette Representative Charles N. Decas,.,.' ~.~." ~: : "t {~.. ~ ~ { J ~:;... STAFF MEMBERS OF THE COMMITTEE.,, ON GOVERNMENT REGULATIONS William Tierney.,. William Stewart.-;. Judith Iwanski '-~'. Christopher Hayward

4 1981] HOUSE - No Letter of Transmittal December 3, 1080 To the Honorable Senate and House of Representatives:.. ': ~:;....'...,. :'J" :,,:...,.'i We, the undersigned members of the Joint Committee on Government Regulations, authorized under House Order 6170 of to investigate current House document numbered: legislation providing that the Board of Registration of Hairdressers be authorized to issue temporary licenses to hairdressers to practice as aestheticians as aestheticians;, legislation to authorize certain hairdressers to be registered aestheticians; and legislation to establish a board of registration of aestheticians and regulating the occupation of aesthetics, herewith submit our report and recommendation. Respectfully submitted, ;-, MEMBERS OF THE COMMITTEE ON GOVERNMENT REGULATIONS Sen. Denis L. McKenna, Senate Chairman Sen. Philip L. Shea Sen. John F: Aylmer Rep. Robert B. Ambler, House Chairman Rep. Arthur M. Khoury Rep. Daniel F. Pokaski Rep. William F. Galvin Rep. Michael J. Lombardi Rep. Richard L. Walsh Rep. Robert W. Gillette Rep. Charles N. Decas..:.

5 6 HOUSE - No [January at ~!IId.J of m aqu.tttu '"'. ~~' Order Authorizing Study HOUSE - No of 1980 I~. ~i. '~'. Ordered, That the committee on Government Regulations be authorized to sit during the recess of the General Court for the purpose of making an investigation and study of the subject matter of the current House documents numbered: legislation providing that the Board of Registration of Hairdressers be authorized to issue temporary licenses to hairdressers to practice as aestheticians; legislation to authorize certain hairdressers to be registered as aestheticians; and legislation to establish a board or registration ofaestheti {., cians and regulating the occupation of aesthetics. ~. Said committee shall be provided with quarters in the State House or elsewhere, may hold public hearings, may travel within the Commonwealth, and may expend for clerical and other services and expenses such sums as may be appropriated therefor. Said committee shall report to the General Court the results oi its investigation and study, and its recommendations, if any, together with drafts of such legislation necessary to carry such recommendations into effect by filing the same with the clerk of the House on or before the first Wednesday of December, nineteen hundred and eighty. :~.\. Approved by the House - June 30, 1980 Approved by the Senate - July 4, 1980

6 1981] HOUSE - No Summary of RG!port The committee on Government Regulations in compiiam.e with House Order 6170, studied House bills 4694, 4696 and 5796, all of which deal with the practice of aestheticians. House 8iU 4694 and House Bill 4696 of J980 Both petitions would have authorized the Board of Registration of Hairdressers to issue a temporary license to registered hairdressers to.. > 11&1 practice as an aesthetician, without taking the additional 300 hour course in aesthetics, until the next aesthetician examination. The petition would have been effective for one year from its passage. House Bill 1596 of 1980 This petition would have created a new 3 member Board of Registration of Aestheticians, within the Division of Registration, increased the minimum education requirements for aestheticians from 300 hours.,. -;,....,. to 750 hours of professional training in a school approved by the t board, and created a new apprentice aesthetician license. The committee found that the four major issues stemming from the three house documents are the legislative intent 'of Chapter 806 of the Acts of 1977; the confusion arising out of the existing definitions of.; hairdressers, cosmetologists and aestheticians; the creation of a temporary aesthetician license; and the minimum educational requirements for aestheticians. The most logical method of examining these problems would be to briefly outline the history of the aesthetic legislation and laws. As a result of Chapter 806 of the Acts of 1977, Massachusetts became the first state in the nation to enact legislation setting the standards and licensing requirements for the practice ofaesthetics. The administration of the licensing requirements for aestheticians was placed under the jurisdiction of the existing Board of Registration of Hairdresslers. Chapter 806 specifically required any person desiring to become an aesthetician to complete at least a 300-hour course in aesthetics in a school approved by the Board of Registration of Hair dressers and pass an examination satisfactorily to the Board of Regis tration of Hairdressers. The Act also established a fee schedule for aesthetic shops, aesthetician schools and aestheticians payable to the Board of Registration of Hairdressers. The Act was signed by the Governor December 9, 1977 and became effective 90 days thereafter.

7 8 HOUSE - No (January Prior to the passage of Chapter 806 of the Acts of 1977, any person who satisfactorily completed a course ofat least 6 months, including at least one thousand hours of professional training, in a school approved by the Board of Registration of Hairdressers, and who had satisfactorily passed an examination administer~d by the Board of Registration of Hairdressers could be granted an "operator's license". An operator's license entitled such person to engage in "hairdressing" or in any of its branches under the supervision of a registered hairdresser. An operator became a registered hairdresser by completing a two-year apprenticeship under a registered hairdresser. Hairdressing was defined as "arranging, dressing, curling, waving, cleansing, cutting, singeing, bleaching, coloring, or similarly treating the hair of any person, or performing the work of a cosmetologist, as defined in section 87F of Chapter 112 of the General Laws, or any combination of the foregoing, but not including the removal of supertluous hair or skin blemishes by direct application of an electric current or any treatment of the bust." According to section 87F of Chapter 112 of the General Laws, "Cosmetologist" is defined as "any person, who, with hands or mechanical or electrical apparatus or appliances, or by the use of cosmetic preparations, antiseptics, tonics, lotions or creams, engages for compensation in anyone or any combination of the following practices, to wit:- Massaging, cleansing, stimulating, manipulating, exercising, beautifying the scalp, face, neck, arms, bust or upper part of the body, or manicuring the nails, or the removal of superfluous hair, by the use of electricity or otherwise, about the body of any female." In other words, a hairdresser's license entitled a person to work on the hair and the face. The legislative intent of Chapter 806 of the Acts of 1977 was to separate the treatment ofskin and hair by the creation of a new "aesthetician license" within the Board of Registration of Hairdressers. The Act defined "aesthetician" as "any person, who with hands or mechanical or electrical apparatus or appliances, or by the use of cosmetic preparation, tonics, lotions, or creams, engages for compensation in the practice of cleansing, stimulating, manipulating ~. and beautifying skin." In addition to the new license, Chapter 806 ~,,! established the 300-hour educational requirements as previously mentioned. One of the apparent problems with this Act was that it failed to amend the definition of hairdresser as it pertains to cosmetologists in section 87T of Chapter 112 of the General Laws. As the statute now

8 . 1981] HOUSE - No stands, a hairdresser may work on both the hair and skin provided he completes a course ofat least 6 months, including at least one thousand hours of professional training in a school approved by the Board of Registration of Hairdressers, passes an examination, and serves a two year apprenticeship. However, such a person cannot call himself an aesthetician unless he completes an additional 300 hour-eourse iii aesthetics in a school approved by the same board, and passes an examination administered by the Board. A licensed aesthetician, on the other hand, can work solely on the skin. After examining all ofthe! 977 legislative documents, and interviewing the proponents of Chapter 806 of the Acts of 1977; the committee believes the legislative intent of this Chapter is quite clear. By creating a new aesthetician license, the legislative intent of this Chapter was to separate the treatment of the hair and skin. As defined in section 87T of Chapter 112 of the General Laws, an aesthetician can work solely on the skin. A hairdresser, on the other hand, can work on the hair ofany person, and the skin of any female. The sponsors of Chapter 806 appeared to overlook the fact that a hairdresser's license entitled such person to be a cosmetologist. A cosmetologist can perform the same services as an aesthetician provided those services are performed on female clients. The only other major difference between an aesthetician and a cosmetologist is that a cosmetologist can also manicure nails. Since the legislative intent of Chapter 806 of the Acts of 1977 was to separate the treatment of the skin and hair, the existence of two contradictory licenses within the Board of Registration of Hairdressers certainly defeats the original intent. As a result confusion permeates the regulation of the skin care industry.. Since Chapter 806 established minimum educational requirements for persons desiring to become an aesthetician, and since this Chapter did not include a grandfather's clause, the issuance of a temporary license also appears to be against the legislative intent. The issuance of temporary aesthetician licenses as House Bill 4694 and House Bill suggest, three years after the passage of Chapter 806, would certainly )create further confusion to the skin care industry. The debate over the minimum educational requirements for aestheticians appears to be the most controversial aspect of the present regulatory process.-it is for that reason that the committee on Government Regulations has focused its attention on this report.

9 10 HOUSE - No [January Since Massachusetts is the only state in the nation to license aestheticians, the committee on Government Regulations was unable to conduct the customary state-by-state cross analysis. As a result, the committee examined the aesthetic field in other countries, looked at comparable professions and interviewed leading medical experts in the skin care field. The world headquarters for the aesthetic industry is called the International Congress of Aeslheticians, and is located in Vienna, Austria. This organization was established over 50 years ago for the purpose of establishing international aesthetic standards. This organization is composed of leading skin care experts from the aesthetic industry and related medical professions. The standards set by this organization are to ensure a,esthetic skin care treatments are performed at the highc:;t level of quality. The experts from this organization maintain that the proper educational training is the most important way to insure public satisfaction for skin care treatment. It is for that reason that the Internationai Congress requires a miniumum ofat least twelve hundred hours of education. The Congress will not recrganize the aesthetic industry in any state or county which falls below this minimum educational standard. The cmmittee also discovered the present 300-hour educational requirements for aestheticians are lower than those required in comparable fields. For example, hairdressers and barbers require at least 1,000 hours educational training. Similarly, the educational requirements for electrologists are at least 1,000 hours. The committee also noted that at least 80% of the practice of barbering and hairdressing involves working with hair, a dead cell. Aesthetics on the other hand deals solely with the treatment of the skin and a complex network of living tissue. Finally, the committee also received testimony from several plastic surgeons from the Harvard Medical School. All ofwhom were in favor of recognizing aesthetics as a separate field and distinct industry, provided, the practitioners have received the appropriate training. The I, physicians indicated that proper training in aesthetics would include' ".v,~t" extensive training in skin biology and practical treatments for common skin problems such as acne, dehydration and dryness. The physicians also stated that many of their dermatology colleagues have been referring their patients to aestheticians for the treatment of skin problems. ".

10 1981] HOUSE - No II LEGISLATIVE RECOMMENDATION Sections I, 2, and 3 increase the members of the Board of Registration of Hairdressers from 3 t05 members. The committee believes the makeup of the board should include at least one aesthetician. Since the board is responsible for promulgating the rules and regulations relative to the licensing of aestheticians, the committee feels the board should ".'. "~ncludean aesthetician for expertise. The additional member should be ;..a representative of the public, who would serve without compensation. The public member would add more public input on the day-lo-day activities of the board. Sections 4,5, and 6 remove the definition of"cosmetologist" which is currently listed in section 87F of Chapter 112, the so-called barber statute. The committee finds that since the board of registration of barbers has nothing to do with cosmetologists, the definition would alleviate the confusion in the skin care industry. More importantly, it would also fulfill the original mandate of Chapter 806 of the Acts of That mandate ofcourse was to separate the lreatment ofhairand skin. Sections 7, 8, and 9 remove the reference of cosmetologists in the definition of hairdressing. Therefore, a hairdresser would now be entitled to work on the hair of any person. A hairdresser could not work on the skin unless he received an aesthetician license. The sec,.,. tions also increase the minimum educational course hours for aesthetician's license from at least 300 hours to at least 800 hours. The,.. committee found that the current 300 hours was far lower than comparable professions and an ins'ufficient period oftime to teach aesthetician students the many complex facets of the skin care industry. Section 10 allows any person desiring to become an aesthetician an "" additional year to take the 300-hour course requirement. After January I, 1982, all students must complete at least 800 hours oftraining in aesthetics in a school approved by the Board of Registration of Hair -',."Jressers and the Department of Education.

11 12 HOUSE -= No [January In the Year One Thousand Nine Hundred and Eighty.One. AN ACT FURTHER REGULATING HAIRDRESSERS AND AESTHETICIANS. Be it enacted by the Senate and House ofrepresentatives in Genera/" Court assembled, and by the authority of the same. as foliows: ' SECTION l. Section 42 of Chapter 13 of the General Laws is 2 hereby amended by striking said section 42 and inserting in place 3 thereof, the following new section: 4 Section 42. There shall be a board of registration of hair.. dressers, to be appointed by the governor, with the advice and 6 consent of the council, consisting of five members, citizens of the 7 Commonwealth; three of whom at the time ofhis original appoint 8 ment shall be a registered hairdresser operating his own establish 9 ment in this Commonwealth and shall have had at least five years 10 practical experience as a registered hairdresser; one of whom at the II time of his original appointment shall, be ;.. registered aesthetician 12 operating his own establishment in this Commonwealth and shall 13 have had at least two years experience as a registered aesthetician; 14 and one of whom shall be a representative of the public. The 15 govern-or shall designate the Chairman ofthe board and may at any 16 time change such designation. The chairman shall be the executive 17 head of the board. No member shall, while in office, actually do the 18 work of a hairdresser or aesthetician for comp<:nsation. No three 19 members of the board while in office shall, be in any way interested 20 in any hairdressing or aesthetic establishment in the same town, 21 nor shall any member, while in office, be a teacher at, or have any 22 financial interest in, any school giving courses in hairdressing or 23 manicuring. As the term of office of a member expires, his succes: 24 sor shall be appointed by the governor, with the advice and consent''''''; 25 fill any vacancy in the board for the unexpired term. Definitions 26 contained in section 87T of Chapter 112 shall, so far as approp 27 1 riate, apply to this and the two following sections.

12 J98J] HOUSE - No I SECTION 2. Section 43 of Chapter i 3 of the General Laws is 2 hereby amended by striking out the word "two" in the second 3 sentence of said section and inserting in place thereofthe following 4 word: - "four". <" aj'., I SECTION 3. Section 44 of Chapter 13 of the General Laws, as 2 most recently amended by Chapter 872 of the Acts of!977, is 3 hereby further amended by striking out said section in its entirety 4 and inserting in place thereof the following new section: 5 Section 44. The Chairman shah receive a galary of twelve thou 6 sand and ninety-three dollars and each of the other three members 7 shall receive a salary of ten thousand six hundred and thirty-six 8 dollars. The public representative shall serve without compensa 9 tion. Each member shall receive his necessary expenses incurred in 10 the discharge of his official duties; provided, that the salaries and II expenses of the members of the board, and expenses of the board, 12 shall not be in excess of the receipts for registration and from other 13 sources received by the state treasurer from the board. The 14 members of the board, with the exception ofthe public representa 15 tive, shall devote their full time to the duties of their offices. I SECTION 4. Section 87F of the General Laws is hereby 2 amended by striking out said section in its entirety, and inserting in 3 place thereof, the following new section: 4 Section 87F. The following words, as used in the following 5 thirteen sections, unless the context otherwise requires, shall have 6 the following meanings: 7 "Barber", any person who, personally or by any other person, 8 for compensation, shaves or trims the beard, cuts, singes and 9 shampoos the hair or applies any make of hair tonic, and/ or dyes 10 the hair, ofany male person; or any person who, without compen II sation, performs or offers to perform any of the above-mentioned 12 services for the public generally. 13 "Instructor", any registered barber who teaches all branches of 14 barbering in a barber school or barber college approved by the 15 board of registration of barbers. 16..Apprentice", any person who is engaged in barbering or any of 17 its branches under the supervision of a registered barber. 18 "Board", board of registration of barbers.

13 HOUSE ~ No [January 1 SECTION 5. Section 8iB of Chapter 112, as most recently 2 amended by Chapter 829 of the Acts of 1971, is hereby further 3 amended by striking out the fi.rst sentence of the first paragraph of 4 said section and inserting in place thereof the following new sen 5 tence: -..Any person desiring to obtain a certificate ofregistration 6 shall make application to the board thereof, pay to the secretary 7 thereof a fee of twenty-five dollars and furnish to the board a 8 certificate of a registered physician as to the freedom of the appli-. 9 cant from infection and contagious diseases, and shall present ' 10 himself at the next regular meeting of the board for the examina II tion of applicants, or at a later meeting of the board if it so votes, J2 and thereupon, if he knows that he has studied and practiced the 13 occupation of barbering for two years as an apprentice under one 14 or more registered barbers, or for at least six months in a properly IS equipped and conducted barber school or barber college under the 16 instruction of a registe:-ed barber and eighteen months as an ap 17 prentice und~r a registered barber, or practiced such occupation 18 for at least two years in this andlor other states, and that he is 19 possessed of the requisite skill in such occupation to perform 20 properly all the duties thereof, including the preparation of the 21 tools, shaving, haircutting and all the duties and services incident 22 thereto, and has sufficient knowledge concerning diseases of the 23 face and skin as it relates to the profession ofa barberas defined in 24 section 87F of this Chapter, to avoid the aggravation and spread 25 ing of such diseases in the practice of such occupation, the board 26 shall issue to him a certificate of registration, signed by the chair 27 man and the secretary and attested by its seal. I SECTION 6. Section 87H of Chapter 112, as most recently 2 amended by Chapter 829 of the Acts of 1971, is hereby further 3 amended by striking out the words "face massage", in the third 4 sentence of the fourth paragraph of said section. I SECTION 7. Section 87T of Chapter 112, as most recently" 2 amended by Chapter 806 of the Acts of 1977, is hereby further 3 amended by striking out the definition of "Hairdressing" in said 4 section and inserting in place thereof the following new defini 5 tion:-

14 1981] HOUSE - No "Hairdressing", arranging, dressing, curling, waving, cleansing, 7 cutting, singeing, bleaching, coloring, or similarly treating the hair 8 of any person, or any combination of any of the foregoing, but not () including the work performed by an aesthetician or the removal of to superfluous hair or skin blemishes by direct application of an 11 electric current or any treatment of the bust.". I SECTION 8. Section 87V of Chapter 112, as most recently '" 2 amended by by Chapter 806 of the Acts of 1977, is hereby further 3 amended by striking out the first sentence of said section and 4 inserting in place thereof the following new sentence: - "Any 5 registered student who has completed at least six months, includ 6 ing at least one thousand homs of professional training in the case 7 of a hairdresser in a school approved by the board, and any 8 registered student who has completed at least eight hundred hours 9 in a course in the case ofan aesthetician in a school approved by the 10 board, and the Department of Education as estabiished by Chapter II 572 of the Acts of 1965, if such registrant after application accom 12 panied by an examination fee as provided in section 87CC for a 13 first examination, together with two photographs ofthe applicant, 14 or a fee provided in said section 87CC for a second or subsequent 15 examination, passes an oral, written and practical examination ~ satisfactorily to the board, may be registered by the board as an 17 operator. and as such may practice hairdressing Oi aesthetics, as 18 the case may be, for compensation under the supervision of a 19 registered hairdresser or aesthetician during the period of such 20 original registration, and thereafter, upon payment every two years 21 of a renewal fee as provided in said section 87CC. I SECTION 9. Section 87T of Chapter 112, as most recently 2 amended by Chapter 806 of the Acts of 1977, is hereby further 3 amended by striking out the definition of"shop" in said section and 4 inserting in place thereof the following new definition: - "Shop" a 5 shop which customers come fo~' hairdressing and aesthetics.". 1 SECTION 10. Section 8 of this Act shall take effect upon Janu 2 ary I, 1982.

15 ; ; 16 HOUSE - No [January I SECTION II. Sections! through 7 of this Act shah take effect 2 immediately upon its passage. :.,.~ 'r ;-'.,1. TbIa Documelll& au...n PrInted On 1001' aim'"...