reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 239 CMR - BOARD OF REGISTRATION IN EMBALMING AND FUNERAL DIRECTING › Title 239 CMR 4.00 - Pre-need Funeral Contracts and Arrangements › Section 4.08 - Restrictions on Use or Disposition of Funds Received in Connection with Pre-need Funeral Contracts

Current through Register 1525, July 5, 2024
(1)
Prohibition Against Personal or Business Uses
. No
			 Licensed Funeral Establishment, nor any agent or employee thereof, shall
			 receive funds in connection with any Pre-need Funeral Contract for any personal
			 use, payment of the operating expenses of any funeral establishment, issuance
			 of a loan to any person, as collateral for any loan, or for any
			 purpose.
(2)
Funeral
			 Trust Account or Pre-need Insurance Policy or Annuity Required
.
			 All funds made payable to a banking institution or insurance company received
			 from a Buyer by a Licensed Funeral Establishment, or by any employee or agent
			 thereof, in connection with any Pre-need Funeral Contract shall be:
(a) Deposited in a Funeral Trust Account
			 which meets the requirements of
			 239 CMR
			 4.09 not later than five business days after
			 the expiration of the "cooling-off" period described in
			 239 CMR
			 4.07(1); or
(b) Paid to an insurance company for the
			 purchase of a Pre-need Insurance Policy or Annuity pursuant to
			 239 CMR
			 4.10 not later than five business days after
			 the expiration of the "cooling-off" period described in
			 239 CMR
			 4.07(1).
(c) Each time a Licensed Funeral
			 Establishment receives any funds made payable to a banking institution or
			 insurance company in connection with any Pre-need Funeral Contract to which it
			 is a party, that funeral establishment shall furnish the Buyer, and the
			 Beneficiary (if different), with written confirmation that such funds have been
			 deposited in a Funeral Trust Account or used to purchase a Pre-need Insurance
			 Policy or Annuity, as required by this section, not later than 14 days after
			 such funds are deposited or paid. Such written confirmation shall bear the
			 signature of a duly-authorized representative of the banking institution in
			 which the Funeral Trust Account has been established, or a duly-authorized
			 representative of the insurance company which issued the Pre-need Insurance
			 Policy or Annuity, whichever applies.
Code of Massachusetts Regulations › 239 CMR - BOARD OF REGISTRATION IN EMBALMING AND FUNERAL DIRECTING › Title 239 CMR 4.00 - Pre-need Funeral Contracts and Arrangements › Section 4.09 - Funeral Trust Accounts

Current through Register 1525, July 5, 2024
(1) All Funeral
			 Trust Accounts shall be established and administered in compliance with the
			 requirements of 239 CMR 4.09.
(2)
Creation of Funeral Trust Accounts
. Where a Pre-need
			 Funeral Contract will be funded through a Funeral Trust Account, the Licensed
			 Funeral Establishment shall deposit all funds made payable to a banking
			 institution received in connection with that Pre-need Funeral Contract in a
			 Funeral Trust Account within five business days after the expiration of the
			 "cooling-off" period described in
			 239 CMR
			 4.07(1). Every such Funeral
			 Trust Account shall:
(a) Designate a federal
			 or state-chartered banking institution which has trust powers, or a trust
			 company, within the Commonwealth of Massachusetts as the Trustee of said
			 Funeral Trust Account;
(b)
			 Designate the person for whom the Funeral Goods and/or Services are to be
			 provided as the Beneficiary of said Funeral Trust Account;
(c) Indicate that the funds are to be used
			 solely for the purpose of paying for Funeral Goods and/or Services and
			 Non-funeral Establishment Charges or "Cash Advance Item" Charges as indicated
			 in the Itemized Statement of Funeral Goods and Services required by
			 239 CMR
			 4.02(5); and
(d) Provide that the entire account balance
			 shall be payable to the Licensed Funeral Establishment which provides the
			 specified Funeral Goods and/or Services to the Beneficiary at time of death in
			 accordance with
			 239 CMR 4.00.
Code of Massachusetts Regulations › 239 CMR - BOARD OF REGISTRATION IN EMBALMING AND FUNERAL DIRECTING › Title 239 CMR 4.00 - Pre-need Funeral Contracts and Arrangements › Section 4.10 - Pre-need Insurance Policies and Annuities

Current through Register 1525, July 5, 2024
(1) Any agent or employee of any Licensed
			 Funeral Establishment who sells or otherwise provides insurance policies or
			 annuities as a method for funding Pre-need Funeral Contracts shall comply with
			 all applicable state and federal laws and regulations pertaining to the conduct
			 of the business of insurance, including but not limited to all licensing
			 requirements of the Massachusetts Division of Insurance.
(2) Any agent or employee of any Licensed
			 Funeral Establishment who sells or otherwise provides insurance policies or
			 annuities as a method for funding Pre-need Funeral Contracts shall, prior to
			 accepting any funds as payment for the issuance of any such insurance policy or
			 annuity, make all of the disclosures required by the Massachusetts Division of
			 Insurance to the prospective purchaser of said insurance policy or annuity. In
			 addition to the disclosures required by the Massachusetts Division of
			 Insurance, the agent or employee of the funeral establishment shall also
			 disclose:
(a) That the amount to be refunded
			 to the Buyer if the insurance policy is cancelled prior to the death of the
			 Beneficiary will be determined by the cash surrender value provisions of the
			 insurance policy; and
(b) That the
			 funeral establishment, or its agent or employee, will be paid a commission on
			 the sale of the insurance policy.
Code of Massachusetts Regulations › 239 CMR - BOARD OF REGISTRATION IN EMBALMING AND FUNERAL DIRECTING › Title 239 CMR 4.00 - Pre-need Funeral Contracts and Arrangements › Section 4.11 - Marketing of Pre-need Funeral Products

Current through Register 1525, July 5, 2024
(1) No agent or employee of any Licensed
			 Funeral Establishment shall visit or call upon any patient in a hospital,
			 convalescent or nursing home, rest home, charitable home for the aged,
			 infirmary maintained in a town, intermediate care facility for the mentally
			 retarded, or other health care facility, for the purpose of soliciting or
			 inducing such patient to enter into any Pre-need Funeral Contract, or for the
			 purpose of soliciting or inducing such patient to establish a Funeral Trust
			 Account or purchase a Pre-need Insurance Policy or Annuity, unless said agent
			 or employee has been authorized to do so by the patient or his or her legal
			 representative to do so prior to the visit.
(2) A Licensed Funeral Establishment, or any
			 agent or employee thereof, may utilize telephonic communications for the
			 purpose of soliciting or inducing any person to enter into a Pre-need Funeral
			 Contract, establish a Funeral Trust Account, or purchase any Pre-need Insurance
			 Policy or Annuity, provided that:
(a) The
			 prospective customer is informed at the beginning of the telephonic
			 communication that the telephonic communication is being made for the purpose
			 of inducing him or her to enter into a Pre-need Funeral Contract, establish a
			 Funeral Trust Account, or purchase a Pre-need Insurance Policy or Annuity;
			 and
(b) The telephonic
			 communication is terminated immediately upon any request to do so from the
			 prospective customer.
Code of Massachusetts Regulations › 239 CMR - BOARD OF REGISTRATION IN EMBALMING AND FUNERAL DIRECTING › Title 239 CMR 4.00 - Pre-need Funeral Contracts and Arrangements › Section 4.13 - Penalties

Current through Register 1525, July 5, 2024
Violation of any provision of
				239 CMR 4.00 shall be
				considered a violation of M.G.L. c. 112, § 84A(j), and may also be
				considered "gross misconduct in the practice of the profession" within the
				meaning of M.G.L. c. 112, § 61, and shall constitute grounds for
				disciplinary action by the Board.
Code of Massachusetts Regulations › 239 CMR - BOARD OF REGISTRATION IN EMBALMING AND FUNERAL DIRECTING › Title 239 CMR 4.00 - Pre-need Funeral Contracts and Arrangements › Section 4.14 - Effective Date

Current through Register 1525, July 5, 2024
(1) The provisions
			 of
			 239 CMR 4.00 shall apply in
			 full to all Pre-need Funeral Contracts which are established on or after July
			 27, 2017.
(2) With respect to any
			 and all Pre-need Funeral Contracts established prior to July 27, 2017:
(a) Such Pre-need Funeral Contracts shall be
			 in compliance with the record-keeping requirements of
			 239 CMR
			 4.12 no later than July 27, 2017;
			 and
(b) All other requirements of
			 239 CMR 4.00 shall apply to
			 the administration and performance of such Pre-need Funeral Contracts as of
			 July 27, 2017.
Code of Massachusetts Regulations › 239 CMR - BOARD OF REGISTRATION IN EMBALMING AND FUNERAL DIRECTING › Title 239 CMR 5.00 - Continuing Education › Section 5.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				239 CMR
				5.00 is to require all registrants to obtain
				continuing education as a condition for renewal of their licenses in order to
				maintain the high standards of the profession and business of funeral
				directing, and to establish criteria for approval of continuing education
				programs to be used in fulfilling such continuing education
				requirements.
Code of Massachusetts Regulations › 239 CMR - BOARD OF REGISTRATION IN EMBALMING AND FUNERAL DIRECTING › Title 239 CMR 5.00 - Continuing Education › Section 5.02 - Definitions

Current through Register 1525, July 5, 2024
For purposes of
				239 CMR
				5.00, the following terms shall have the following
				meanings:
Contact Hour
. A unit of measurement of
				organized learning experience lasting 50 consecutive minutes.
Registration Period
. The one-year
				period between registration renewals beginning on November
				1st of each calendar year and ending on October
				31st of the next calendar year.
Code of Massachusetts Regulations › 239 CMR - BOARD OF REGISTRATION IN EMBALMING AND FUNERAL DIRECTING › Title 239 CMR 5.00 - Continuing Education › Section 5.03 - Establishment of Continuing Education Requirement

Current through Register 1525, July 5, 2024
(1) Every registrant shall complete a minimum
			 of eight hours of continuing education prior to the end of each Registration
			 Period in courses or programs approved by the Board as a condition for renewal
			 of his or her registration.
(2) All
			 continuing education courses or programs approved by the Board shall require
			 Board registrants to complete and pass an examination on the material presented
			 in the course or program as a condition to receiving continuing education
			 credit for the course or program.
(3) As part of the continuing education
			 required by 239 CMR 5.03(1), every registrant shall obtain at least one hour of
			 continuing education to be in compliance with the regulations of the United
			 States Occupational Safety and Health Administration regarding information on
			 bloodborne pathogen exposure risks and protection from such risks, as
			 delineated in
			 239 CMR
			 3.12(13)  and
			 29 CFR
			 1910.1030.
(4) The Board may extend the deadline for
			 completion of the continuing education requirements upon a showing by the
			 registrant that such requirements impose an undue hardship due to unforeseen
			 circumstances. Such a request must be in writing, under oath, and accompanied
			 by a letter addressed to the Board written and signed by a licensed medical
			 doctor stating the nature of the registrant's medical condition and the
			 correlation between that condition and the registrant's inability both to
			 complete the required continuing education within the required period as well
			 as the registrant's inability to work. A registrant shall also be eligible for
			 a waiver of mandatory continuing education deadlines if the registrant can
			 provide adequate documentation to show that another individual under the care
			 of the registrant is suffering from an illness or disability and that said care
			 prevented the registrant both from completing continuing education as well as
			 preventing the registrant from working.
(5) A registrant shall not be required to
			 complete the continuing education required by 239 CMR 5.03(1) for the
			 Registration Period in which he or she obtains his or her initial registration
			 in order to obtain renewal of said registration for the following Registration
			 Period, but shall be required to obtain such continuing education for all
			 subsequent renewals. Nothing in 239 CMR 5.03(5) shall exempt a registrant from
			 having to obtain the continuing education in bloodborne pathogen risks required
			 by
			 239 CMR
			 3.12(13)  and
			 5.03(2).
Code of Massachusetts Regulations › 239 CMR - BOARD OF REGISTRATION IN EMBALMING AND FUNERAL DIRECTING › Title 239 CMR 5.00 - Continuing Education › Section 5.04 - Qualifying Continuing Education Programs

Current through Register 1525, July 5, 2024
A continuing education course or program may be used to satisfy
				the continuing education requirements set forth in
				239 CMR
				5.03 only if it is a formally organized
				course of program which is primarily instructional in nature and contributes
				directly to professional competence in the profession and business of funeral
				directing. Such courses or programs must meet the following criteria in order
				to be approved for continuing education credit:
(1) The course or program shall be given by a
			 sponsor approved by the Board, or approved for an individual registrant by the
			 Board;
(2) An outline of the course
			 shall be prepared and distributed to all attendees. Said outline shall state
			 the number of continuing education contact hours provided;
(3) The course or program shall be at least
			 50 consecutive minutes in length;
(4) The course or program shall be conducted
			 by a qualified instructor;
(5) The
			 number of continuing education contact hours to be awarded to attendees shall
			 be determined by the sponsor or, in the case of a course or program approved
			 for an individual registrant, approved by the Board;
(6) The course or program shall cover
			 appropriate subject matter, which shall include but shall not be limited to:
(a) Business administration;
(b) Religious customs and traditions relating
			 to funerals;
(c) Natural sciences
			 including first aid and CPR;
(d)
			 Pre-need services;
(e) Embalming
			 and restorative arts;
(f)
			 Massachusetts laws and regulations governing funeral service;
(g) Funeral service counseling;
(h) Funeral service merchandising;
			 and
(i) Sanitation and infection
			 control.
Code of Massachusetts Regulations › 239 CMR - BOARD OF REGISTRATION IN EMBALMING AND FUNERAL DIRECTING › Title 239 CMR 5.00 - Continuing Education › Section 5.05 - Sponsor Requirements

Current through Register 1525, July 5, 2024
(1) A
			 sponsor of a continuing education course or program shall be recognized and
			 approved by the Board upon submission of a completed application for approval
			 of said course or program, provided that said sponsor meets all of the
			 following requirements:
(a) The sponsor
			 establishes and maintains an accurate record of course attendance showing the
			 date of the program or course, the location at which the program or course was
			 given, the name of each person who attended, and the license or registration
			 number of each person who attended;
(b) The sponsor issues certificates or other
			 written evidence of completion of the course or program to each person who
			 attends the entire course or program;
(c) The sponsor does not issue certificates
			 or other written evidence of completion of the course or program until the
			 course or program is completed;
(d)
			 The course or program meets all applicable requirements of
			 239 CMR
			 5.04; and
(e) The sponsor maintains a copy of the
			 course or program outline, and all records required by
			 239 CMR
			 5.04 and 5.05(1)(a) for a period of at least
			 four years from the date on which the course or program is presented.
Code of Massachusetts Regulations › 239 CMR - BOARD OF REGISTRATION IN EMBALMING AND FUNERAL DIRECTING › Title 239 CMR 5.00 - Continuing Education › Section 5.06 - Responsibilities of Individual Registrants

Current through Register 1525, July 5, 2024
(1) Each registrant shall maintain a record
			 of all continuing education courses or programs he or she has completed for a
			 period of not less than four consecutive Registration Periods, inclusive of the
			 Registration Period during which the course or program was completed.
(2) Each registrant, as part of his or her
			 application for renewal of his or her registration, shall attest under the
			 pains and penalties of perjury that he or she has completed the number of
			 continuing education hours required by
			 239 CMR
			 5.03. Such attestation shall be made on a
			 form prescribed and provided by the Board.
(3) Upon written request by the Board, a
			 registrant shall furnish to the Board such information as the Board may
			 reasonably require about any or all continuing education courses or programs
			 completed by said registrant. A registrant who is requested to submit such
			 verification of his or her continuing education activities shall submit written
			 verification of all of the following:
(a) the
			 name of the school, institution, organization or other sponsor conducting the
			 course or program in question;
(b)
			 the location at which the course or program in question was
			 presented;
(c) the title of the
			 course or program in question;
(d)
			 the date on which the course or program in question was presented;
(e) the number of hours of continuing
			 education credit being claimed for the course or program in question;
			 and
(f) the name of the individual
			 authorizing the award of continuing education credit for the course or program
			 in question.
Code of Massachusetts Regulations › 239 CMR - BOARD OF REGISTRATION IN EMBALMING AND FUNERAL DIRECTING › Title 239 CMR 5.00 - Continuing Education › Section 5.07 - Continuing Education Requirements for License Reinstatement

Current through Register 1525, July 5, 2024
In order to reinstate a registration after expiration,
				cancellation, or suspension, a registrant shall submit proof of completion of
				all continuing education hours normally required under
				239 CMR
				5.03 for the period from the date of his or
				her last registration renewal to the date of his or her application for
				reinstatement. In the event that such an application for reinstatement is
				submitted prior to the expiration date of a particular Registration Period, the
				continuing education required for that Registration Period shall be prorated
				appropriately.
Code of Massachusetts Regulations › 239 CMR - BOARD OF REGISTRATION IN EMBALMING AND FUNERAL DIRECTING › Title 239 CMR 5.00 - Continuing Education › Section 5.08 - Board Responsibilities

Current through Register 1525, July 5, 2024
It shall be the responsibility of the Board to:
(1) Establish a system for verifying
			 continuing education information submitted by applicants for renewal of
			 registration;
(2) Establish
			 deadlines for the submission of documentation of completion of continuing
			 education hours;
(3) Establish and
			 maintain a record of current registrants;
(4) Review, and approve or deny, applications
			 for approval of continuing education courses, programs and sponsors;
(5) Conduct ongoing evaluations of the
			 continuing education process; and
(6) Supervise related continuing education
			 activities as necessary and appropriate.
Code of Massachusetts Regulations › 240 CMR - BOARD OF REGISTRATION OF COSMETOLOGY AND BARBERING › Title 240 CMR 2.00 - Licensure Of Cosmetologists, Manicurists, Aestheticians, Demonstrators And Instructors › Section 2.02 - General Requirements for All Board Licenses

Current through Register 1525, July 5, 2024
The following requirements apply to all licenses issued by the
						Board to individuals.
(1)
Practical Experience
. The Board shall determine the
					practical experience requirement for application and/or examination for all
					license types issued by the Board.
(2) Licensees who hold more than one license
					are only authorized to provide services within the scope of the licenses that
					are current and in good standing.
(3) An individual seeking licensure in
					multiple professions licensed by the Board must submit a separate application
					and a separate application fee for each license.
(4) For the purposes of all provisions of 240
					CMR, and unless otherwise stated, the term "school" shall include
					"post-secondary institution" as defined by M.G.L. c. 112, § 87T.
Code of Massachusetts Regulations › 240 CMR - BOARD OF REGISTRATION OF COSMETOLOGY AND BARBERING › Title 240 CMR 2.00 - Licensure Of Cosmetologists, Manicurists, Aestheticians, Demonstrators And Instructors › Section 2.03 - Reciprocity Licenses

Current through Register 1525, July 5, 2024
(1)
Out-of-state Applicants
.
(a) The Board may, after receiving an
					approved application form and fee, license any person who shows proof
					acceptable to the Board that he or she holds a current license in good standing
					as a cosmetologist, aesthetician or manicurist in another state of the United
					States which maintains a standard substantially equivalent to that of the
					commonwealth.
(b)
Examinations
. Out-of-state applicants who do not hold
					a current license in good standing must pass an examination satisfactory to the
					Board.
Code of Massachusetts Regulations › 240 CMR - BOARD OF REGISTRATION OF COSMETOLOGY AND BARBERING › Title 240 CMR 3.00 - Cosmetology Salons › Section 3.01 - Licensure of Salons

Current through Register 1525, July 5, 2024
(1) References in
					240 CMR 3.00 to "salon" shall mean a "shop", as defined in M.G.L. c. 112,
					§ 87T and referred to in M.G.L. c. 112, §§ 87T through
					87KK.
(2)
Types of
					Salon Licenses
.
(a) The following
					salon licenses are issued by the Board:
1.
					Cosmetology Salon;
2. Manicuring
					Salon; and
3. Aesthetics
					Salon.
Code of Massachusetts Regulations › 240 CMR - BOARD OF REGISTRATION OF COSMETOLOGY AND BARBERING › Title 240 CMR 3.00 - Cosmetology Salons › Section 3.02 - Operation of Salons

Current through Register 1525, July 5, 2024
(1)
Premises
.
(a) All new
					salons must have their electrical and plumbing installations approved by an
					inspector of wires and a plumbing inspector prior to being inspected by the
					Board.
(b) After the floor plan for
					the salon has been approved by the Board and all required equipment has been
					installed and permits obtained, an applicant for a salon license shall notify
					the Board that the premises are ready for inspection by the Board.
(c) All salons shall display a sign at their
					entrance, or a sign sufficiently large to be clearly visible from the
					street.
(d) Every salon shall be
					equipped with proper and adequate lighting and ventilation and kept in clean,
					orderly and sanitary condition.
(e)
Home Salons
.
1. No
					branch of cosmetology shall be practiced in any room or rooms of living
					quarters other than the room or rooms designated and licensed as a cosmetology
					salon, except for sick or infirm persons in homes or hospitals.
2. In every salon maintained in a home, a
					separate room or rooms shall be provided and licensed for the performance of
					cosmetology services. Every salon maintained in a home shall provide a separate
					entrance to such salon which shall lead directly from the front or immediate
					side of the home to the salon and shall be clearly visible from the street. A
					hard surface walk shall lead from the street to the salon entrance. Interior
					doors leading to a salon from an adjacent room or any part of the home other
					than the entrance of the building shall be securely locked and not
					used.
3. Every salon maintained in
					a home must be equipped with proper toilet and hand-washing facilities which
					are separate from the facilities used by the residents of the premises adjacent
					to the salon and must be accessible by patrons without passing through any part
					of the living quarters.
4. The
					provisions of
					240 CMR
					3.02(1)(e)1. through 3. do
					not apply to Mobile Services pursuant to a Policy issued by the Board regarding
					Mobile Services.
(f) All
					floor coverings, walls, ceilings, woodwork, furniture, fixtures, curtains and
					draperies in a salon shall be maintained in a clean and sanitary condition. All
					equipment installed must meet with the requirements of public safety
					regulations.
(g) Every salon shall
					be equipped with proper toilet and hand-washing facilities which shall be
					easily accessible and kept in a sanitary condition, and located in the salon or
					conveniently adjacent thereto.
(h)
					Every salon shall be equipped with a suitable and adequate supply of hot and
					cold water. The source of this water must be approved by the local board of
					health where no public water supply is available.
(i) No animals, except service animals
					authorized by law to be in places of public accommodation, shall be present on
					the salon premises.
Code of Massachusetts Regulations › 240 CMR - BOARD OF REGISTRATION OF COSMETOLOGY AND BARBERING › Title 240 CMR 3.00 - Cosmetology Salons › Section 3.03 - Equipment and Hygiene Procedures

Current through Register 1525, July 5, 2024
(1)
					All licensees, students and lecturers shall wash their hands thoroughly with
					liquid soap and hot water immediately before and after rendering service to
					each and every patron or model.
(2)
					All licensees, students and lecturers shall wear proper attire that is opaque,
					washable or chemically cleanable. Footwear must be worn at all times.
(3) A clean towel shall be used for each
					patron or model.
(4) Closed
					cabinets, drawers or containers shall be provided for clean towels.
(5) A covered container shall be provided for
					all soiled towels.
(6) Whenever a
					hair cloth or cape is used for any purpose, including cutting hair, shampooing,
					or any other hair treatments, a clean towel or other protection shall be placed
					around the neck of the patron to prevent the hair cloth or cape from touching
					the skin.
(7) Dipping towels,
					including paper towels, in receptacles containing water or other liquids and
					using them on a patron is prohibited.
(8) All hair must be swept from the floor and
					properly disposed of after services are provided to a patron or
					model.
(9) Fluids, powders,
					emulsions and comparable cosmetics must be applied from sanitized
					containers.
(10) The use of common
					powder puffs is prohibited.
(11)
					Creams and other solid substances must be removed from containers with a clean
					spatula or similar article. The instrument used for the removal of such
					substances shall not be allowed to come in contact with any patron. Removing
					such substances with the fingers is prohibited.
(12) Cream containers must be kept covered
					when not in use.
(13) All permanent
					waving equipment, nets, clips, pins, rollers, brushes, combs, clippers,
					scissors, razors, tweezers, comedone extractors, cape coverings, files,
					spatulas, applicators and any other item which comes in contact with a patron
					or model must be thoroughly cleaned and disinfected after each and every
					separate use. The use of any implement that cannot be disinfected is
					prohibited.
(14) After being
					cleaned and disinfected, all equipment must be kept in airtight sanitary
					containers, cabinets or sterilizers.
(15) Pump-type dispenser cosmetics may be
					provided in make-up rooms for use by patrons.
(16) Brushes, combs and neck dusters may not
					be reused until properly cleaned and disinfected. The use of brush or hook and
					pile rollers is prohibited.
(17)
					One of the following methods must be used to disinfect instruments and
					equipment after use on any patron or model:
(a) FDA-approved dry heat
					sterilizer;
(b)
					Autoclave;
(c) 70% isopropyl
					alcohol for at least ten minutes;
(d) Antiseptics and disinfectants (hospital
					grade required); or
(e) A 10%
					solution of chlorine bleach mixed with water and no other chemicals.
Code of Massachusetts Regulations › 240 CMR - BOARD OF REGISTRATION OF COSMETOLOGY AND BARBERING › Title 240 CMR 3.00 - Cosmetology Salons › Section 3.04 - Advertising and Pricing

Current through Register 1525, July 5, 2024
(1) No salon may use
					any advertising which is misleading or inaccurate, nor shall any salon in any
					way misrepresent any materials, services or policies.
(2) "Advertising" shall include any form of
					printed or electronic or digital media and any means or methods employed to
					bring to the attention of the public the practice of cosmetology, manicuring,
					aesthetics, barbering or the sale of related accessories.
(3) No cosmetology, aesthetics or manicuring
					shop may arrange for, permit or advertise the practice of barbering in the shop
					unless the shop is a licensed barber shop and employs a licensed barber. No
					cosmetology, aesthetics or manicuring shop may display a barber pole or any
					representation of a barber pole, unless it is licensed as a barber shop and
					employs a licensed barber.
(4) The
					price advertised for a service shall include the price of all operations
					necessary to complete the service. For example, if a "permanent wave" is
					advertised at a specific price, the price advertised shall include the price of
					all operations necessary for completing the permanent wave. If a haircut and
					styling is to be paid for separately, the advertising must so state.
(5) Gender-based pricing is prohibited by the
					Massachusetts Public Accommodations Act (M.G.L. c. 272, §§ 92A and
					98). Prices must be based on factors such as hair length or difficulty of
					styling.
(6) A price list must be
					displayed in a conspicuous place in the salon.
Code of Massachusetts Regulations › 240 CMR - BOARD OF REGISTRATION OF COSMETOLOGY AND BARBERING › Title 240 CMR 4.00 - Operation of Cosmetology Schools and Post-secondary Institutions › Section 4.01 - Licensure

Current through Register 1525, July 5, 2024
(1) For purposes of 240 CMR 4.00, and unless
					otherwise stated, the term "school" shall mean a school or other institution or
					program privately owned and conducted for the purpose of teaching cosmetology,
					and shall include "post-secondary institution" as defined by M.G.L. c. 112,
					§§ 87T and 87JJ.
(2) No
					person or entity shall operate a cosmetology school without a license issued by
					the Board.
(3) Each applicant for a
					license to conduct a cosmetology school shall submit to the Board:
(a) A certificate of occupancy or other
					authentic form issued by the appropriate city or town approving the premises
					intended to be used as a school. Such certificate or form shall be submitted to
					the Board prior to final inspection and approval by the Board;
(b) A bond of $20,000;
(c) A copy of the enrollment agreement,
					including a refund policy which complies with M.G.L. c. 255, §
					13K;
(d) A detailed outline of the
					school curriculum;
(e) A detailed
					professional floor plan; and
(f) An
					initial enrollment report signed by the applicant which shall contain a list of
					at least 25 students.
Code of Massachusetts Regulations › 240 CMR - BOARD OF REGISTRATION OF COSMETOLOGY AND BARBERING › Title 240 CMR 4.00 - Operation of Cosmetology Schools and Post-secondary Institutions › Section 4.02 - Premises

Current through Register 1525, July 5, 2024
(1) Cosmetology school premises shall be
					large enough to accommodate:
(a) a clinic area
					for at least 25 students, with not less than 20 square feet of area for each
					student;
(b) a lecture room
					properly equipped for demonstration or practical purposes, with arm chairs or
					desks and chairs for a minimum of 25 students; and
(c) a basic room completely separated from
					the lecture and clinic rooms sufficiently large to accommodate 25
					students.
Code of Massachusetts Regulations › 240 CMR - BOARD OF REGISTRATION OF COSMETOLOGY AND BARBERING › Title 240 CMR 4.00 - Operation of Cosmetology Schools and Post-secondary Institutions › Section 4.03 - Conduct of Operations

Current through Register 1525, July 5, 2024
(1) Each school
					shall keep a daily record of the attendance of each student, and a record of
					academic and hourly progress, and shall record earned credit hours and hold
					examinations before issuing diplomas. Upon termination of a student's
					attendance at a school, the school shall forward to the Board a record of the
					student's earned hours and the date of the termination of attendance.
(2) Students may be enrolled on a monthly
					basis.
(3) No school shall permit a
					student to act as an instructor.
(4) Each school may establish the attire to
					be worn by students and require its students to dress in compliance with school
					requirements.
Code of Massachusetts Regulations › 240 CMR - BOARD OF REGISTRATION OF COSMETOLOGY AND BARBERING › Title 240 CMR 4.00 - Operation of Cosmetology Schools and Post-secondary Institutions › Section 4.05 - Brush Up and Advanced Training

Current through Register 1525, July 5, 2024
(1) Any school duly licensed by the Board may
					offer brush up or advanced training courses, provided that such school has been
					licensed for at least six months.
(2) For purposes of 240 CMR 4.00 the term
					"brush up training" means any and all instruction in any branch of cosmetology
					(as defined in M.G.L. c. 112, § 87T) that reviews the basic course of
					instruction offered for a fee to persons who have completed at least 1,000
					hours of cosmetology instruction, 600 hours of aesthetics instruction or 100
					hours of manicuring instruction; and the term "advanced training" means any and
					all instruction, class or seminar in any branch of cosmetology (as defined in
					M.G.L. c. 112, § 87T) excluding a review of the basic course of
					instruction, offered for a fee to cosmetologists, aestheticians, manicurists
					and barbers who hold a current license, including a license issued by another
					state.
(3) Advanced training
					courses shall be taught only by persons licensed or approved by the Board as
					instructors or lecturers pursuant to M.G.L. c. 112, § 87BB.
(4) Any school desiring to offer advanced
					training courses shall submit the following information to the Board at least
					one month prior to the offering of any such course:
(a) the title of the course;
(b) the objective of the course;
(c) the number of course hours;
(d) the name, license number, educational
					background and experience of the instructors;
(e) a detailed curriculum of the course;
					and
(f) a copy of the enrollment
					agreement, including a refund policy that complies with M.G.L. c. 255, §
					13K.
The Board shall notify the school whether or not the Board has
						approved the advanced training courses sought to be offered. Approval of the
						Board shall not be unreasonably withheld.
Code of Massachusetts Regulations › 240 CMR - BOARD OF REGISTRATION OF COSMETOLOGY AND BARBERING › Title 240 CMR 4.00 - Operation of Cosmetology Schools and Post-secondary Institutions › Section 4.06 - Crossover Licensure

Current through Register 1525, July 5, 2024
(1) A person who has
					successfully completed a course of instruction at a barber school licensed to
					operate by the Board or by the regulatory body governing the operation of
					barber schools where the school is located may be credited a maximum of 500
					hours toward the 1,000 hour cosmetology school course of instruction
					requirement for licensure. The required 500 hours of cosmetology school course
					of instruction for any such person must be completed in a minimum three month
					period. Evidence of any such person's successful completion of a licensed
					barber school program (copy of diploma or certificate of completion) must be
					submitted to the Board upon such person's enrollment in a cosmetology
					school.
Code of Massachusetts Regulations › 240 CMR - BOARD OF REGISTRATION OF COSMETOLOGY AND BARBERING › Title 240 CMR 4.00 - Operation of Cosmetology Schools and Post-secondary Institutions › Section 4.07 - Public Vocational Secondary and Public Post-secondary School Programs

Current through Register 1525, July 5, 2024
(1) Credit for hours completed in public
					vocational secondary and public post-secondary school programs shall only be
					granted by the Board when the requirements of
					240 CMR 4.02(2)
					 through
					4.04 and
					4.07
					are met by such programs.
(2) No
					vocational student may be granted credit for hours completed in a program prior
					to attaining 15 years of age. No vocational student may be granted credit for
					hours completed as part of an "exploratory" or similarly titled program.
					Vocational students must complete 1,000 hours in order for the Board to
					recognize hours earned prior to attaining 16 years of age.
(3) No student may provide services outside
					of the program setting premises prior to obtaining a cosmetology license issued
					by the Board.
(4) Only those hours
					which are taught or overseen by instructors currently licensed by the Board may
					be granted credit towards licensure qualification.
Code of Massachusetts Regulations › 240 CMR - BOARD OF REGISTRATION OF COSMETOLOGY AND BARBERING › Title 240 CMR 4.00 - Operation of Cosmetology Schools and Post-secondary Institutions › Section 4.08 - Minimum Hours for Examination Qualification

Current through Register 1525, July 5, 2024
Completion of any additional program hours above the required
						minimum curriculum hours may not be required of a student before being provided
						access to a licensure examination.
Code of Massachusetts Regulations › 240 CMR - BOARD OF REGISTRATION OF COSMETOLOGY AND BARBERING › Title 240 CMR 5.00 - Operation of Aesthetics Schools and Post-secondary Institutions › Section 5.01 - Definitions

Current through Register 1525, July 5, 2024
As used in 240 CMR 5.00:
School
. A school or other institution or program privately owned and conducted for the purpose of teaching aesthetics and shall include "post-secondary institution" as defined by M.G.L. c. 112, §§ 87T and 87JJ.
Code of Massachusetts Regulations › 240 CMR - BOARD OF REGISTRATION OF COSMETOLOGY AND BARBERING › Title 240 CMR 5.00 - Operation of Aesthetics Schools and Post-secondary Institutions › Section 5.02 - Application for Licensure

Current through Register 1525, July 5, 2024
(1) No person or
					entity shall operate an aesthetics school without a license issued by the
					Board.
(2) Each applicant for a
					license to operate an aesthetics school shall submit to the Board:
(a) a certificate of occupancy or other
					authentic form issued by the appropriate city or town approving the premises to
					be used as a school. Such certificate or form shall be submitted to the Board
					prior to final inspection and approval by the Board;
(b) a bond of $10,000 if enrollments do not
					exceed 24 students, which bond shall be subject to the approval of the
					Board;
(c) a bond of $20,000 if
					enrollments are 25 students or more;
(d) a detailed outline of the school
					curriculum;
(e) a proposed schedule
					of hours;
(f) detailed professional
					floor plans;
(g) a true copy of the
					student contract;
(h) an initial
					enrollment report signed by the applicant, which shall contain a list of
					enrolled students;
(i) a copy of
					the enrollment agreement, including a refund policy that complies with M.G.L.
					c. 255, § 13K; and
(j) such
					other information as the Board may require.
Code of Massachusetts Regulations › 240 CMR - BOARD OF REGISTRATION OF COSMETOLOGY AND BARBERING › Title 240 CMR 5.00 - Operation of Aesthetics Schools and Post-secondary Institutions › Section 5.03 - Licensure and Approval

Current through Register 1525, July 5, 2024
(1) Any school that
					already holds a license for teaching cosmetology must comply with all
					provisions of 240 CMR 5.00 except
					240 CMR 5.02(2)(a)
					 in order to be approved by the Board for the
					teaching of aesthetics. Upon approval, the school will be notified by the Board
					and a separate license shall be issued.
(2) All other schools shall be separately
					licensed when approved.
(3) A
					school license is valid only for the location named in the license (including
					any Annex in compliance with the Board's regulations
					240 CMR
					4.02(12) ) and is not
					transferable. School licensees must immediately notify the Board of the sale or
					change in ownership of a school by immediately submitting an application for a
					new license, or in the case of closure of a school or program, notifying the
					Board in writing immediately. A school licensee seeking to change the location
					of the school shall notify the Board by submitting an application for a new
					license at least 30 days before any such change. Upon approval of a new
					location by the Board, the Board shall cancel the license for the previous
					location and reissue a license to the licensee bearing the same number as the
					license for the previous location and indicating the new location. Each school
					shall display its license in a conspicuous place near its main
					entrance.
(4) No school shall be
					conducted or advertised as a salon. No salon shall be conducted or advertised
					as a school.
Code of Massachusetts Regulations › 240 CMR - BOARD OF REGISTRATION OF COSMETOLOGY AND BARBERING › Title 240 CMR 5.00 - Operation of Aesthetics Schools and Post-secondary Institutions › Section 5.04 - Instructors

Current through Register 1525, July 5, 2024
(1) Every school shall at all times be in the charge of, and under the immediate supervision of, licensed instructors.
(2) Instructors in schools shall be licensed instructors or approved lecturers competent to impart instruction in the branches of aesthetics or skin care which they teach. Instructors and lecturers shall not be permitted to perform any work on a customer on school premises except incidentally to assist students working in the school clinic.
(3) Every school must regularly have in attendance during school hours at least one licensed instructor for every 12 students or less.
Code of Massachusetts Regulations › 240 CMR - BOARD OF REGISTRATION OF COSMETOLOGY AND BARBERING › Title 240 CMR 5.00 - Operation of Aesthetics Schools and Post-secondary Institutions › Section 5.05 - Premises

Current through Register 1525, July 5, 2024
School premises shall contain the following:
(1) A clinic room of no less than 600 square
					feet, to be used exclusively for the teaching of aesthetics, and containing all
					necessary equipment for clinical training;
(2) A lecture room of no less than 400 square
					feet, with arm chairs or desks and chairs for a minimum of 12 students, and the
					lecture room must be available for at least one period per day for exclusive
					use for instruction in aesthetics; and
(3) A reception area and an office
					area.
Code of Massachusetts Regulations › 240 CMR - BOARD OF REGISTRATION OF COSMETOLOGY AND BARBERING › Title 240 CMR 5.00 - Operation of Aesthetics Schools and Post-secondary Institutions › Section 5.06 - Equipment

Current through Register 1525, July 5, 2024
(1) Every school shall have, and shall
					maintain in good working condition, appropriate equipment sufficient to support
					the curriculum for its entire student body. The following equipment is the
					minimum required for an aesthetics school and, unless otherwise noted, for
					every six students enrolled in an aesthetics course:
(a) One galvanic-high frequency-steam
					vaporizer- brush-facial machine;
(b) Two cold light magnifying
					lamps;
(c) Two infra red
					lamps;
(d) Two treatment
					chairs;
(e) One unit for
					iontophoresis and desincrustation for every 12 students;
(f) Two vaporizer machines;
(g) Wax melting equipment to accommodate
					single-use wax application for depilation of the face and body;
(h) One high frequency unit with electrodes
					for every 12 students; and
(i)
					Sink with hot and cold running water separate from the
					lavatories.
Code of Massachusetts Regulations › 240 CMR - BOARD OF REGISTRATION OF COSMETOLOGY AND BARBERING › Title 240 CMR 5.00 - Operation of Aesthetics Schools and Post-secondary Institutions › Section 5.07 - Course of Study

Current through Register 1525, July 5, 2024
(1) Each school
					teaching aesthetics shall maintain a course of study of not less than 600
					hours, extending over a period of not less than four months.
(2) Students may be enrolled on a monthly
					basis.
(3) Every school shall
					maintain regular class hours with a daily schedule.
(4) Each school shall include the following
					subjects as part of its basic aesthetics course of study:
Subject
Schedule of Hours
Human Biology, Anatomy and Physiology
30
Histology, Diseases and Disorders of the Skin
30
Nutrition
10
Cosmetic Chemistry, Ingredients and Product
											Knowledge
30
Cleaning, Disinfection and Bacteriology
40
Business Management, Sales, Law, Communication and
											Ethics
30
Massage
40
Application of Makeup, Product Knowledge and
											Sales
60
Electricity and Aesthetics Equipment
50
Depilation and Waxing, Eyelash and Eyebrow Extensions
											and Tinting, Eyelash Perming
60
Clinical Practice, Treatment Procedures and Record
											Keeping
220
Total
600
Each school shall submit to the Board for its approval a copy
						of the program curriculum.
(5) Board approval of curriculum and schedule
					of hours shall not be considered permanent and may be subject to expiration and
					re-approval as prescribed by the Board.
Code of Massachusetts Regulations › 240 CMR - BOARD OF REGISTRATION OF COSMETOLOGY AND BARBERING › Title 240 CMR 5.00 - Operation of Aesthetics Schools and Post-secondary Institutions › Section 5.08 - Records

Current through Register 1525, July 5, 2024
(1) Each school shall keep a daily record of
					the attendance of each student and a record of academic and hourly progress and
					shall record earned credit hours and hold examinations before issuing
					diplomas.
(2) All school records
					shall be made available for inspection by the Board or its designated
					agents.
Code of Massachusetts Regulations › 240 CMR - BOARD OF REGISTRATION OF COSMETOLOGY AND BARBERING › Title 240 CMR 5.00 - Operation of Aesthetics Schools and Post-secondary Institutions › Section 5.09 - Sanitary Conditions

Current through Register 1525, July 5, 2024
(1) Each school
					shall follow procedures to ensure that school premises, equipment and personnel
					meet reasonable sanitary and safety conditions. All cleaning and disinfection
					regulations applicable to salons ( 240 CMR 3.00:
Cosmetology
					Salons
) shall apply to schools.
(2) Each school shall provide each student
					with an individual, secure space large enough to keep the student's
					effects.
(3) Each school may
					establish the attire to be worn by students and require its students to dress
					in compliance with school requirements.
(4) Every school shall maintain lavatories in
					accordance with applicable laws and regulations.