NOTICE OF PUBLIC HEARINGS AND PUBLIC COMMENT. Pursuant to Massachusetts General Laws c. 112, ss. 61 and 87V and c.

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1 CHARLES O. BAKER GOVERNOR KARYN E. POLITO LIEUTENANT GOVERNOR JAY ASH SECRETARY OF HOUSING AND ECONOMIC DEVELOPMENT Commonwealth of Massachusetts Division of Professional Licensure BOARD OF REGISTRATION OF COSMETOLOGY AND BARBERING 1000 Washington Street. Boston. Massachusetts JOHN C. CHAPMAN UNDERSECRETARY OF CONSUMER AFFAIRS AND BUSINESS REGULATION CHARLES BORSTEL DIRECTOR, DIVISION OF PROFESSIONAL LICENSURE NOTICE OF PUBLIC HEARINGS AND PUBLIC COMMENT Pursuant to Massachusetts General Laws c. 112, ss. 61 and 87V and c. 30A, the Board of Registration of Cosmetology and Barbering will hold two (2)public hearings regarding proposed amendments to its regulations at 240 CMR and the rescission of the regulations of both the former Board of Registration of Barbers, 232 CMR 2.00, and the former Board of Registration of Electrologists, 238 CMR Those former boards were merged with the Board of Cosmetology into a new Board of Registration of Cosmetology and Barbering under 2014 legislation. The rescinded regulations are being moved into the regulations ofthe new Board of Cosmetology and Barbering at 240 CMR. All sections of 240 CMR are also being amended. By these proposed amendments, the Board seeks to eliminate two-tiered licensing for cosmetologists, barbers, and aestheticians; increase required aesthetics-school hours from 300 to 600 hours; reduce instructor qualifications; permit dual use of cosmetology salons for massage therapy; permit mobile manicuring services and laser electrolysis; and update school requirements. The hearings will be held at 9:30 a.m. on July 25,2016 at the Division of Professional Licensure at 1000 Washington Street, Boston, Massachusetts, and at 9:30 a.m. on August 1, 2016 at 436 Dwight Street, RoomB-42, Springfield, Massachusetts. lnterestedparties will be given an opportunity to present testimony orally or in writing at the hearings. Written comments may be mailed to the Board of Registration of Cosmetology and Bm'bering, 1000 Washington Street, Suite 710, Boston, Massachusetts, , Attention: Brian Bialas, Executive Director, or to brian.bialas@state.ma.us. A copy of the proposed regulations may be obtained at the Board's website at or by ~ TELEPHONE: The official version (617) is the printed copy which is available FAX: (617) from the State Bookstore at TTY/TOO: (617)

2 contacting Mr. Bialas at The Board will also accept written comments regarding the regulations unti15:00 p.m. on Monday, August 8, Page 2

3 7fllf..lllN30 A H 9 : 54 If.. SlDaIIBu~h1es~ JlDllact Stat~n1~p,t... '.'... Ii..... (As requireifbymg.lc: 30A 2,) &5).... ". ".....'.. '.....'>..... >... CMR No: 240 CMR Licensure of Cosmetologists, Manicurists, Aestheticians, Demonstrators and Instructors Estimate of the Number of Small Businesses Impacted by the Regulation: The Board licenses individual cosmetologists (including aestheticians and manicurists) as well as salons and spas. As ofjanuary 5, 2016, there are approximately 65,551 licensed cosmetologists, aestheticians and manicurists. The majority of such Hcensees are believed to work in salons that are small businesses. As of January 5, 2016, there are approximately 11,591 licensed salons offering cosmetology, aesthetics and manicuring services. Based on this data, the Board estimates there are at least 11,591 small businesses providing cosmetology, aesthetic and manicuring services in the Commonwealth. On January 5, 2016, a small business search ofncais Code (Beauty parlors, Facial Salons, Hairdressing, etc.) and (Manicure and pedicure salons) revealed no small businesses in Massachusetts for these categories, consequently, this is not an accurate source ofinformation about the number of small businesses in this industry, Select Yes or No and Briefly Explain Yes No Will small businesses have to create, file, or issue additional reports? D lsi This regulation requires applications for licenses aud license renewals, but no other reports, and the amendments do not add reporting requirements.. Yes No Will small businesses have to implement additional recordkeeping procedures? D lsi This regulation requires no recordkeeping other thau licensure documents. Yes No Will small businesses have to provide additional administrative oversight? D lsi This regulation requires no administrative oversight by small businesses other thau tracking licensure status of individuals employed by salons or spas, aud the amendments make no chauge to those requirements. Yes No Will small businesses have to hire additional employees in order to comply with the proposed D lsi regulation? This regulation does not require small businesses to hire additional employees. Yes No Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, D lsi accountant, engineer, etc.)? This regulation does not require small businesses to hire other professionals to ensure compliauce. Yes No Does the regulation require small businesses to purchase a product or make any other capital D lsi investments in order to comply with the regulation? The regulation requires no capital purchases or investments. Page 1 of 3

4 Yes No Are petformance standards more appropriate than design/operational standards to accomplish the D [8J regulatory objective? (Perfonnance standards express requirements in terms of outcomes, giving the regnlated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regnlated parties must take.) State law mandates that "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." G.L. c. 112, s. 87V. Yes No Do any other regulations duplicate or conflict with the proposed regulation? D [8J The Board is the only state agency with authority to set licensing qualifications for cosmetologists, aestheticians and manicurists, and neither the federal government nor municipalities regulate the practice of these professions. Yes No Does the regulation require small businesses to cooperate with audits, inspections or other regulatory [8J D enforcement activities? The Board's regulations require licensees to make available to the Board relevant records with respect to any inquiry or complaint about the licensee's professional conduct. Yes No Does the regulation require small businesses to provide educational services to keep up to date with D [8J regulatory requirements? The regulation does not require small businesses to provide continuing education. Yes No Is the regulation likely to deter the formation of small businesses in Massachusetts? D [8J The regulation is consistent with requirements in other states and thus will not deter the formation of small businesses. Yes No Is the regulation likely to encourage the formation of small businesses in Massachusetts? [8J D Licensure provides a credential that builds consumer confidence in the profession, and therefore encourages the formation of small businesses. Yes No Does the regulation provide for less stringent compliance or reporting requirements for small [8J D businesses? The amendments simplify applications for licensure by eliminating two-tiered licensing of cosmetologists and aestheticians, so that new graduates will be fully licensed and need not be supervised for two years and meet other qualifications to become fully licensed. Page 2 of 3

5 Yes No Does the regulation establisb less stringent schedules or deadlines for compliance or reporting D I2J requirements for srna11 businesses? The amendments do not change biennial licensure renewals. Yes No Did the agency consolidate or shnplify compliance or reporting requirements for small businesses? I2J D Yes, the amendments simplify licensure and compliance by eliminating two-tiered licensing of cosmetologists and aestheticians, so that new graduates will be fully licensed and need not be supervised for two years and meet other qualifications to become fully licensed. Yes No Can performance standards for small businesses replace desigu or operational standards without D I2J hindering delivery of the regulatory objective? State law mandates that "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." G.L. c. 112, s. 87V. Yes No Are there alternative regulatory methods that would minhnize tbe adverse hnpact on small businesses? D I2J No, licensing qualifications and minimum practice standards are "requirement[s 1 of general application and future effect," which must be established through regulations pursuant to G.L. c. 30A, s. 1(5). Page 3 of 3

6 ' «.. '..$]JjllllI,litsfn,essbnJ1llctSt~t~meJ)J... '.' "...(ASreq1ji~e4lJY}.1.G,L. c:3~a. 2,.$Z5)...' CMR No: 240 CMR 3.00, Cosmetology Salons and Mobile Manicuring Businesses 2016 JUN 30 MI 9: 5~..... '. Estimate of the Number of Small Businesses Impacted by the Regulation: The Board licenses salons and spas that offer cosmetology, aesthetics and manicuring services, as well as individual cosmetologists, aestheticians and manicurists, the majority of whom are believed to work in small businesses. As of January 5, 2016, there are approximately 11,591 licensed salons offering cosmetology, aesthetics and manicuring services (and 65,551 licensed cosmetologists, aestheticians and manicurists). Based on this data, the Board estimates there are at least 11,591 small businesses providing cosmetology, aesthetic and manicuring services in the Commonwealth. On December 23, 2015, a small business search ofncais Codes (Beauty parlors, Facial Salons, Hairdressing, etc.) and (Manicure and pedicure salons) revealed no small businesses in Massachusetts for these categories, consequently, this is not an accurate source of information about the number of small Massachusetts businesses in this industry. Select Yes or No and Briefly Explain Yes No Will small businesses have to create, file, or issue additional reports? 0 [gj This regulation requires salon licenses and license renewals, but no reports, and the amendments make no change to that requirement. Yes No Will small businesses have to implement additional recordkeeping procedures? 0 [gj This regulation requires no recordkeeping other than licensure documents. Yes No Will small businesses have to provide additional administrative oversight? 0 [gj This regulation requires no administrative oversight by a small business other than tracking licensure status. Yes No Will small businesses have to hire additional employees in order to comply with the proposed 0 [gj regulation? This regulation does not require small business to hire additional employees. Yes No Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, 0 [gj accountant, engineer, etc.)? This regulation does not require small business to hire other professionals to ensure compliance. Yes No Does the regulation require small businesses to purchase a product or make any other capital 0 [gj investments in order to comply with the regulation? The regulation requires no additional purchases or investments.. Yes No Are performance standards more appropriate than design/operational standards to accomplish the 0 [gj regulatory objective? (Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards. specify exactly what actions regulated parties must take.) State law mandates that that "The board shall make such uuiform rules and regnlations as the board deems proper for the performance of its duties, the practice of aesthetics, Page lon

7 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 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 eguipment and subject to such sanitary regulations and inspection as said board may prescribe. The board shall promulgate rwes 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." G.L. c. 112, s. 87V (emphasis added). Yes No Do any other regulations duplicate or conflict with the proposed regulation? [g] D The Board is the only state agency with authority to set licensing qualifications for cosmetology, aesthetics and manicuring salons and spas, and neither the federal government nor municipalities regulate the practice ofthese professions. Yes No Does the regulation require small businesses to cooperate with audits, inspections or other regulatory [g] D enforcement activities? The Board's regulations require licensees to make available to the Board relevant records with respect to any inquiry or complaint about the licensee's professional conduct. Yes No Does the regulation require small businesses to provide educational services to keep up to date with D [g] regulatory requirements? The regulation does not require small businesses to provide or obtain continuing education. Yes No Is the regulation likely to deter the fonnation of small businesses in Massachusetts? D [g] The regulation is consistent with requirements in other states and thus will not deter the formation of small business. Yes No Is the regulation likely to encourage the formation of small businesses in Massachusetts? [g] D The amended regulation will encourage the formation of two or more types of businesses: businesses involving "dual use" of licensed facilities for massage therapy and cosmetology or barbering; and manicuring services provided in premises other than licensed salons. Generally, licensure provides a credential that builds consumer confidence in the profession and therefore encourages the formation of small businesses. Yes No Does the regulation provide for less stringent compliance or reporting requirements for small D [g] businesses? The regwation does not impose reporting requirements per se on small businesses, other than documentation needed to obtain and renew licenses. Page 2 of 3

8 Yes No Does the regulation establish less stringent schedules or deadlines for compliance or reporting 0 IS] requirements for small businesses? The regulation does not impose reporting requirements on small salon businesses. Yes No Did the agency consolidate or simplify compliance or reporting requirements for small businesses? IS] 0 The amendments simplify compliance for salons as well as individual cosmetologists by eliminating two-tiered licensing of cosmetologists and aestheticians, because salons will no longer need to provide high ratios of supervisors to new graduates for two years before the graduates become fully licensed. Yes No Can performance standards for small businesses replace design or operational standards without 0 IS] hindering delivery of the regulatory objective? No, State law mandates that "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." G.L. c. 112, s. 87V. Yes No Are there alternative regulatory methods that would minimize the adverse impact on small businesses? 0 IS] No, licensing qualifications and minimum practice standards are "requirement[s] of general application and future effect," which must be established through regulations pursuant to G.L. c. 30A, s. 1(5). Page 3 of 3

9 ..' ' 'SIll~II]Jl,lsin~ssInipacfS~llteI\l~llt...i~s0eq~edl>YM.G,L. S 30A 2,.~.~5! STi\TE -- "." '"~?nlh JUN 30 Ali.1 '3: 55 <.. ii.'... i./.. i is CMR No: 240 CMR 4.00, Operation of Cosmetology Schools and Post-Secondary Institutions Estimate of the Number of Small Businesses Impacted by the Regulation: The Board licenses cosmetology schools, of which there are 36 in full cosmetology schools in Massachusetts, in which the program includes aesthetics and manicuring. Based on this data, the Board estimates there are approximately 36 small businesses providing cosmetology instruction in the Commonwealth > '.' " ' i'ii. On January 5, 2016, a small business search ofncais Code , Cosmetology and Barber Schools, revealed no small businesses in Massachusetts for this category, consequently this is not an accurate source of information about the number of small Massachusetts businesses in these professions. Select Yes or No and Briefly Explain Yes No Will small businesses have to create, file, or issue additional reports? [gj D For the protection of students, this regulation requires schools to submit monthly reports of student emollments and homs completed, and the amendments make no change to that requirement. Yes No Will small businesses have to implement additional recordkeeping procedures? [gj D No, this regulation does not add recordkeeping requirements. Yes No Will small businesses have to provide additional administrative oversight? [gj D The amendments to this regulation do not add oversight requirements to the current rules for operation of cosmetology schools. Yes No Will small businesses have to hire additional employees in order to comply with the proposed D [gj regulation? This regulation does not require small business to hire additional employees. Yes No Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, D [gj accountant, engineer, etc.)? This regulation does not require small business to hire other professionals to ensme compliance. Yes No Does the regulation require small businesses to purchase a product or make any other capital D [gj investments in order to comply with the regulation? The regulation requires no additional pmchases or investments. Yes No Are performance standards more appropriate than design/operational standards to accomplish the D [gj regulatory objective? (Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.) State law mandates that that "The board shall make such uniform rules and regnlations as the board deems proper for the performance of its duties, the practice of aesthetics, barbering, cosmetology, electrolysis, hairdressing, mauicming, the operation of shops and rules governing the education, experience or examination requirements for Page 1 of 3... i

10 applicants for an aesthetician, barber, cosmetologist, electrologist or manicurist licenses." G.L. c. 112, s. 87V (emphasis added). Yes No Do any other regulations duplicate or conflict with the proposed regulation? 0 [gj The Board is the only state agency with authority to set licensing qualifications for cosmetology, aesthetics and manicuring schools, and neither the federal government nor municipalities regulate the practice of these professions. Ves No Does the regulation require small busmesses to cooperate with audits, inspections or other regulatory [gj 0 enforcement activities? The Board's regulations require licensees to make available to the Board relevant records with respect to any inquiry or complaint about the licensee's professional conduct. Yes No Does the regulation require small businesses to provide educational services to keep up to date with 0 [gj regulatory requirements? The regulation does not require small businesses to provide or obtain continuing education. Ves No Is the regulation likely to deter the fonnation of small businesses in Massachusetts? 0 [gj The regulation is consistent with requirements in other states and thus will not deter the fo=ation of new schools of cosmetology, aesthetics and manicuring in Massachusetts. Yes No Is the regulation likely to encourage the formation of small businesses in Massachusetts? [gj 0 The amendments to the regulation reduce regulatory burden and offer schools new resources such as annexes, encouraging the fo=ation of small businesses. Also, Licensure provides a credential builds consumer confidence in the profession, also encouraging small business. Yes No Does the regulation provide for less stringent compliance or reporting requirements for small 0 [gj businesses? The amendments to the regulation do not change the reporting of student enrollment and completed hours, which protects students. Yes No Does the regulation establish less stringent schedules or deadlines for compliance or reporting 0 [gj requirements for small businesses? No, the reporting schedules remain the same. Yes No Did the agency consolidate or simplify compliance 'Of reporting requirements for srnal1 businesses? [gj 0 Yes, the amendments simplify school operation by permitting the use of approved lecturers as well as licensed instructors, streamlining rolling admissions, ha=onizing the requirements for crossover instruction and licensing between cosmetology and barbering, and adjusting the description of charges to consumers of services at school clinics. Page 2. of 3

11 Yes No Can perfonnance standards for small businesses replace design or operational standards without D IZI hindering delivery of the regulatory objective? No, because state law mandates that "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, hairdressiug, manicuring, the operation of shops and rules governiug the education, experience or examination requirements for applicants for an aesthetician, barber, cosmetologist, electrologist or manicurist licenses." G.L. c. 112, s. 87V (emphasis added). Yes No Are there alternative regnlatory methods that would minimize the adverse impact on small businesses? D IZI No, licensing qualifications and minimum practice standards are "requirement[s 1 of general application and future effect," which must be established through regulations pursuant to G.L. c. 30A, s. 1 (5). Page 3 of3

12 I?i '. I> '.'... ' " OU o c:c; S,mllJI Bus~(issIwJ1a~f~~~~!lJ.J:l.ellt l ljll,..7>",""'-" (,4s reguiredbjik(.c;.l. C.. 301~ ~,t&n.'....',"< i> '".. CMR No: 240 CMR 5.00, Operation of Aesthetics Schools and Post-Secondary Institutions Estimate of the Number of Small Businesses Impacted by the Regulation: The Board licenses schools that teach only aesthetics, of which there are 13 in Massachusetts. The Board also licenses cosmetology schools, ten (10) of which also offer aesthetics-only programs (in addition to the aesthetics component oftheir cosmetology programs). Based on this data, the Board estimates there are approximately 23 small businesses providing aesthetics instruction in the Commonwealth. On January 5, 2016, a small business search ofncals Code , Cosmetology and Barber Schools, revealed no small businesses in Massachusetts for this category, consequently this is not an accurate source of infonnation about the number of small Massachusetts businesses in these professions. Select Yes or No and Briefly Explain Yes No wm sroall businesses have to create, file, or issue additional reports? 0 rgj For the protection of students, this regulation requires schools to submit monthly reports of student enrollments and hours completed, and the amendments make no change to that requirement. Yes No Will small businesses bave to implement additional recordkeeping procedures? 0 rgj No, this regulation does not add recordkeeping requirements. Yes No Will small businesses bave to provide additional administrative oversight? 0 rgj The amendments to this regulation do not add oversight requirements to the current rules for operation of aesthetics schools. Yes No Will small businesses have to bire additional employees in order to comply with the proposed 0 rgj regulation? This regulation does not require small business to hire additional employees. Yes No Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, 0 rgj accountant, engineer, etc,)? This regulation does not require small business to hire other professionals to ensure compliance. Yes No Does the regulation require small businesses to purchase a product or malee any other capital 0 rgj investments in order to comply with the regulation? The regulation requires no additional purchases or investments. Yes No Are performance standards more appropriate than design/operational standards to accomplish the 0 rgj regulatory objective? (Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.) State law mandates that that "The board shall make such unifonn rules and regulations as the board deems proper for the perfonnance of its duties, the practice of aesthetics, barbering, cosmetology, electrolysis, hairdressing, manicuring, the operation of shops Page 10f3

13 and ru1es governing the education, experience or examination requirements for applicants for an aesthetician, barber, cosmetologist, electrologist or manicurist licens~s." G.L. c. 112, s. 87V (emphasis added). Yes No Do any other regulations duplicate or conflict with the proposed regulation? D ISJ The Board is the only state agency with authority to set licensing qualifications for aesthetics schools, and neither the federal goverrunent nor municipalities regulate the practice of these professions. Yes No Does the regulation require small businesses to cooperate with audits, inspections or other regulatory ISJ D enforcement activities? The Board's regulations require licensees to make available to the Board relevant records with respect to any inquiry or complaint about the licensee's professional conduct. Yes No Does the regulation require small businesses to provide educational services to keep up to date with D ISJ regulatory requirements? The regulation does not require small businesses to provide or obtain continuing education. Yes No Is the regulation likely to deter the formation of small businesses in Massachusetts? D ISJ The regulation is consistent with requirements in other states and thus will not deter the formation of new schools of cosmetology, aesthetics and manicuring in Massachusetts. Yes No Is the regulation likely to encourage the formation of small businesses in Massachusetts? ISJ D The amendments to the regu1ation reduce regulatory burden and offer schools new resources such as annexes, encouraging the formation of small businesses. Also, Licensure provides a credential builds consumer confidence in the profession, also encouraging small business. Yes No Does the regulation provide for less stringent compliance or reporting requirements for small D ISJ businesses? The amendments to the regulation do not change the reporting of student emollment and completed hours, which protects students. Yes No Does the regulation establish less stringent schedules or deadlines for compliance or reporting D ISJ requirements for small businesses? No, the reporting schedules remain the same. Yes No Did the agency consolidate or simplify compliance or reporting requirements for small businesses? ISJ D Yes, the amendments simplify school operation by permitting the use of approved lecturers as well as licensed instructors, streamlining rolling admissions and adjusting Page 2 of 3

14 the description of charges to consumers of services at school clinics. Yes No Can performance standards for small businesses replace design or operational standards without 0 [8J hindering delivery of the regulatory objective? No, because state law mandates that "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." G.L. c. 112, s. 87V (emphasis added). Yes No Are there alternative regnlatory methods that would minimize the adverse impact on small businesses? 0 [8J No, licensing qualifications and minimum practice standards are "requirement[sj of general application and future effect," which must be established through regulations pursuant to G.L. c. 30A, s. 1 (5). Page 3 of 3

15 "," " ","',,'" ",,','", SECF{ET.,\ l~_ -,I OF ST/\TE ~ -, " ~, '" '.' ~DlallBnsiness.JntpadState~~Jit ",,',""'.'.',,',,",,' '.. ',"~,..,.".."",,' (As required bymg.l.c.30a 2,'3& 5) "> " " ' " ',",,'.',...,...,"" CMR No: 240 CMR 6.00, Advanced Seminars Board of Registration of Cosmetology and Barbering,,',' ",", " '» ' ',,', '. ',', ' ",',,~,?016,JHN'~P<AM~lS "",', ",,' Estimate ofthe Number of Small Businesses Impacted by the Regulation: The Board licenses advanced schools, of which there are four (4) in Massachusetts. Based on this data, the Board estimates there are approximately four (4) small businesses providing advanced cosmetology instruction in the Commonwealth. On January 5, 2016, a small business search ofncais Code , Cosmetology and Barber Schools, revealed no small businesses in Massachusetts for this category, consequently this is not an accurate source of information about the number ~f small Massachusetts businesses in these professions. Select Yes or No and Briefly Explain Yes No Will small businesses have to create, flle, or issue additional reports? D fzl No, this regulation does not add recordkeeping requirements. Yes No Will small businesses have to implement additional recordkeeping procedures? D fzl No, this regulation does not add recordkeeping requirements. Yes No Will small businesses have to provide additional administrative oversight? D fzl The amendments to this regulation do not add oversight requirements for advanced schools. Yes No Will small businesses have to hlre additional employees in order to comply with the proposed D fzl regulation? This regulation does not require small business to hire additional employees. Yes No Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, D fzl accountant, engineer, etc.)? This regulation does not require small business to hire other professionals to ensure compliance. ", ' Yes No Does the regulation require small businesses to purchase a product or make any other capital D fzl investments in order to comply with the regulation? The regulation requires no additional purchases or investments., Yes No Are performance standards more appropriate than design/operational standards to accomplish the D fzl regulatory objective? (Perfonnance standards express requirements in tenns of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.) State law mandates that that "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 Page 1 of 3

16 licenses." G.L. c. 112, s. 87V (emphasis added). Yes No Do any other regulations duplicate or conflict with the proposed regulation? 0 [gj The Board is the only state agency with authority to set licensing qualifications for advanced seminars in cosmetology, barbering and electrolysis, and neither the federal government nor municipalities regulate the practice of these professions. Yes No Does the regulation require small businesses to cooperate with audits, inspections or other regulatory [gj 0 enforcement activities? The Board's regulations require licensees to make available to the Board relevant records with respect to any inquiry or complaint about the licensee's professional conduct. Yes No Does the regulation require small buslnesses to provide educational services to keep up to date with 0 [gj regulatory requirements? The regulation does not require small businesses to provide or obtain continuing education. Yes No Is the regulation likely to deter the formation of small buslnesses In Massachusetts? 0 [gj The regulation is consistent with requirements in other states and thus will not deter the formation of advanced schools of cosmetology, barbering or electrology in Massachusetts. Yes No Is the regulation likely to encourage the formation of small buslnesses In Massachusetts? [gj 0 The amendments to the regulation reduce regulatory burden and offer schools new resources such as annexes, encouraging the formation of small businesses. Also,, Licensure provides a credential that builds consumer confidence in the profession, also encouraging small business. Yes No Does the regulation provide for less strlngent compliance or reporting requirements for small 0 [gj businesses? The regulation does not include reporting requirements. Yes No Does the regulation establish less stringent schedules or deadllnes for compliance or reportlng 0 [gj requirements for small businesses? No, the compliance schedule remains the same. Yes No Did the agency consolidate or simplify compliance or reportlng requirements for small buslnesses? [gj 0 Yes, the amendments consolidate compliance by maldng advanced seminars available in the barbering and electrology professions as well as the cosmetology professions. Yes No Can performance standards for small businesses replace design or operational standards without 0 [gj hlnderlng delivery of the regulatory objective? No, because state law mandates that "The board shall make such uniform rules and Page 2 of 3

17 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." G.L. c. 112, s. 87V (emphasis added). Yes No Are there alternative regulatory methods that would minimize the adverse impact on small businesses? D tzi No, licensing qualifications and minimum practice standards are "requirement[ s 1 of general application and future effect," which must be established through regulations pursuant to G.L. c. 30A, s. 1(5). Page 3 of 3

18 SlIlaIlBll~in.ess Impact Statement CMRNo: 240 CMR 7.00, Operation of Manicuring Schools Board of Registration of Cosmetology and Barbering 2016 JU1I30AH 9: 55. < (As re,quireq bymgl.c,30a 2,3 & 5).. < ' Estimate of the Number of Small Businesses Impacted by the Regulation: The Board licenses schools that teach only manicuring, of which there are six (6) in Massachusetts. The Board also licenses cosmetology schools, three (3) of which also offer manicuring-only programs (in addition to the manicuring component of their cosmetology programs). Based on this data, the Board estimates there are approximately nine (9) small businesses providing aesthetics instruction in the Commonwealth, On January 5, 2016, a small business search ofncals Code , Cosmetology and Barber Schools, revealed no small businesses in Massachusetts for this category, consequently this is not an accurate source of information about the number of small Massachusetts businesses in these professions. Select Yes or No and Briefly Explain Yes No Will small businesses have to create, file, or issue additional reports? [gj D No, this regulation does not add recordkeeping requirements. Yes No Will small businesses have to implement additional recordkeeping procedures? [gj D No, this regulation does not add recordkeeping requirements. Yes No Will small businesses have to provide additional administrative oversight? [gj D The amendments to this regulation do not add oversight requirements for manicuring schools. Yes No Will small businesses have to hire additional employees in order to comply with the proposed D [gj regulation? This regulation does not require small business to hire additional employees. Yes No Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, D [gj accountant, engineer, etc.)? This regulation does not require small business to hire other professionals to ensure compliance. Yes No Does the regulation require small businesses to purchase a product or malee any other capital D [gj investments in order to comply with the regulation? The regulation requires no additional purchases or investments. Yes No Are performance standards more appropriate than design/operational standards to accomplish the D [gj regulatory objective? (performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.) State law mandates that that "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 Page 1 of 3

19 and rules governing the education, experience or examination requirements for applicants for an aesthetician, barber, cosmetologist, electrologist or manicurist licenses." G.L. c. 112, s. 87V (emphasis added). Ves No Do any other regulations duplicate or conflict with the proposed regulation? 0 IZl The Board is the only state agency with authority to set licensing qualifications for manicuring schools, and neither the federal government nor municipalities regulate the practice of these professions. Yes No Does the regulation require small businesses to cooperate with audits, inspections or other regulatory IZl 0 enforcement activities? The Board's regulations require licensees to malce available to the Board relevant records with respect to any inquiry or complaint about the licensee's professional conduct. Yes No Does the regulation require small busiuesses to provide educational services to keep up to date with 0 IZl regulatory requirements? The regulation does not require small businesses to provide or obtain continuing education. Yes No Is the regulation likely to deter the formation of small husiuesses iu Massachusetts? 0 IZl No, the regulation sets only minimum standards that are consistent with, and often lower than, requirements in other states and thus will not deter the formation of manicuring schools in Massachusetts. Yes No Is the regulation likely to encourage the formation of small businesses in Massachusetts? IZl 0 The amendments to the regulation reduce regulatory burden and offer manicuring schools new resources such as dedicated instructors, encouraging the formation of small businesses. Also, licensure provides a credential that builds consumer confidence in the profession, also encouraging small business. Yes No Does the regulation provide for less stringent compliance or reporting requirements for small 0 IZl businesses? The regulation does not include reporting requirements. Yes No Does the regulation establish less striugent schedules or deadliues for compliance or reportiug 0 IZl requirements for small businesses?, No, the compliance schedule remains the same. Yes No Did the agency consolidate or simplify compliance or reportiug requirements for small busiuesses? 0 IZl The amendments regarding manicuring schools do not affect the extent of compliance and reporting. Page 2 of 3

20 Yes No Can perfonnance standards for small businesses replace design or operational standards without 0 [g] hindering delivery of the regulatory objective? No, because state law mandates that "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." G.L. c. 112, s. 87V (emphasis added). Yes No Are there alternative regulatory methods that would minimize the adverse impact on small businesses? 0 [g] No, licensing qualifications and minimum practice standards are "requirement[sj of general application and future effect," which must be established through regulations pursuant to G.L. c. 30A, s. 1(5). Page 3 of 3

21 . Small Busilless. ImpactSt~teJilent 411 II'hJ!.li'1JUAI'I 9:55... (... (Asreqyiredby MG.L, p. 3P4,~&;5) <.... ' '.'. " CMR No: 240 CMR 8.00, Barber Regulations Estimate of the Number of Small Businesses Impacted by the Regulation: The Board does not license businesses per se, but licenses barbers, barber shops and barber schools. As ofjanuary 5, 2016, the Board's records indicated there are approximately 4331 licensed barbers, 1,612 licensed barber shops and five (5) licensed barber schools. The majority of barbers are believed to practice in barber shops, and the majority of barber shops and barber schools are believed to be small businesses. Based on this data, the Board estimates there are approximately 1,617 small businesses providing barber services in the Commonwealth. On January 5, 2016, a small business search ofncais Codes , Cosmetology and Barber Schools, and , Barber Shops, revealed no small businesses in Massachusetts for these codes, consequently this is not an accurate source of information about the number of small Massachusetts businesses in these professions. Select Yes or No and Briefly Explain Yes No Will small businesses have to create, file, or issue additional reports? 0 IZI The amendments make no change to reporting requirements by barbers, barber shops or barber schools. Yes No Will small businesses have to implement additional recordkeeping procedures? 0 IZI No, this regulation does not add recordkeeping requirements. Yes No Will small businesses have to provide additional administrative oversight? 0 IZI This regulation requires no administrative oversight by a small business other than tracking licensure status. Yes No Will small businesses have to hire additional employees in order to comply with the proposed 0 IZI regulation? This regulation does not require small business to hire additional employees. Yes No Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, 0 IZI accountant, engineer, etc.)? This regulation does not require small business to hire other professionals to ensure compliance. Yes No Does the regulation require small businesses to purchase a product or make any other capital 0 IZI investments in order to comply with the regulation? The regulation requires no additional purchases or investments. Yes No Are perfonnance standards more appropriate than design/operational standards to accomplish the 0 IZI regulatory objective? (Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.) State law mandates that that "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 Page 1 of 3

22 and rules governing the education, experience or examination requirements for applicants for an aesthetician, barber, cosmetologist, electrologist or manicurist licenses." G.L. c. 112, s. 87V. Yes No Do any other regulations duplicate or conflict with the proposed regulation? D izi The Board is the only state agency with authority to set licensing qualifications for barbers, and neither the federal government nor municipalities regulate the practice of barbering. Yes No Does the regulation require sma11 businesses to cooperate with audits, inspections or oth~r regulatory izi D enforcement activities? The Board's regulations require licensees to make available to the Board relevant records with respect to any inquiry or complaint about the licensee's professional conduct. Yes No Does the regulation require small businesses to provide educational services to keep up to date with D izi regulatory requirements? The regulation does not require small businesses to provide or obtain continuing I education. Yes No Is the regulation likely to deter the formation of small businesses in Massachusetts? D izi The regulation is consistent with requirements in other states and thus will not deter the formation of small businesses in Massachusetts. Yes No Is the regulation likely to encourage the formation of small businesses in Massachusetts? izi D Licensure provides a credential that builds consumer confidence in the profession, and therefore encourages the formation of small businesses. Yes No Does the regulation provide for less stringent compliance or reporting requirements for small D izi businesses? The regulation does not impose reporting requirements per se on small businesses, other than documentation needed to obtain and renew licenses. Yes No Does the regulation establish less stringent schedules or deadlines for compliance or reporting D izi requirements for sma1l businesses? The regulation does not impose reporting requirements per se on small businesses. Yes No Did the agency consolidate or simplify compliance or reporting requirements for small businesses? izi D The amendments simplify compliance for barbers by eliminating two-tiered licensing (Apprentice and Master), so that new graduates will be fully licensed and need not be supervised for two years and meet other qualifications to become fully licensed. Yes No Can performance standards for small businesses replace design or operational standards without D izi hindering delivery ofthe regulatory objective? Page 2 of 3

23 No, because state law mandates that "The board shall malce 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 olleration of sholls and rules governing the education, experience or examination requirements for applicants for an aesthetician, barber, cosmetologist, electrologist or manicurist licenses." G.L. c. 112, s. 87V (emphasis added). Yes No Are there alternative regulatory methods that would minimize the adverse impact on small businesses? 0 [g] No, licensing qualifications and miuimum practice standards are "requirement[s 1 of general application and future effect," which must be established through regulations pursuant to G.L. c. 30A, s. 1(5). Page 3 of 3

24 I. ' ' Sll1~Il.Busines~ImPllct. ~tl!te~!:,l)t (As r~q~ired bym.g.l c, 30A ~,3 &;.5) '.' " " ' JON 111 AlA n. ~ '...C 'n.j-",,,,.> '. CMR No: 240 CMR 9.00 Electrology Administrative Practices Estimate of the Number of Small Businesses Impacted by the Regulation: The Board licenses individual electrologists and electrology schools, and approves electro logy offices, but does not license businesses. The Board's records indicate that as of January 5, 2016, there are approximately 506 licensed electrologists and one licensed electrology school. The majority of licensed electrologists are believed to work in small businesses. On January 5, 2016, a small business search ofncais Code , Personal Care Services (which includes electrolysis, i.e. hair removal) revealed three (3) small businesses in Massachusetts that were in that category. Based on this data, the Board esthnates there are approxhnately 506 small businesses providing electrolysis services in the Commonwealth. Select Ves or No and Briefly Explain Yes No Will small businesses have to create, file, or issue additional reports? IZI 0 For individuals who are already licensed and wish to practice laser electrolysis, this regulation requires applications for approval to add laser electrolysis to their practice, due to the high risk to consumers if the laser equipment is used incompetently. Yes No Will small businesses have to implement additional recordkeeping procedures? 0 IZI This regulation requires no additional recordkeeping other than licensure documents. Yes No Will small businesses have to provide additional administrative oversight? 0 IZI This regulation requires no additional administrative oversight by a small business. Yes No Will small businesses have to hire additional employees in order to comply with the proposed 0 IZI regulation? This regulation does not require small business to hire additional employees. Yes No Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, 0 IZI accountant, engineer, etc.)? This regulation does not require small business to hire other professionals to ensure compliance. Yes No Does the regulation require small businesses to purchase a product or make any other capital 0 IZI investments in order to comply with the regulation? The regulation requires no additional purchases or investments. Yes No Are performance standards more appropriate than design/operational standards to accomplish the 0 IZI regulatory objective? (Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.) No, because State law mandates that "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." G.L. c. 112, s. 87V (emphasis added). Page 1 of 3