AL
Alabama House Bill HB246

Alabama 2023 Regular Session

Alabama House Bill HB246 Compare Versions

OldNewDifferences
1-HB246ENROLLED
1+HB246INTRODUCED
22 Page 0
3-RBATYM-3
3+RBATYM-1
44 By Representatives Paschal, Hassell
55 RFD: Boards, Agencies and Commissions
66 First Read: 04-Apr-23
7-2023 Regular Session
87 1
98 2
109 3
1110 4
12-5 HB246 EnrolledHB246 Enrolled
11+5 RBATYM-1 03/22/2023 KMS (L)cr 2023-211
1312 Page 1
14-Enrolled, An Act,
15-Relating to the licensed practice of cosmetology; to
16-provide and adopt the Cosmetology Licensure Compact to allow
17-licensed cosmetologists to practice pursuant to a multistate
18-license among compact states in a limited manner; to provide
19-eligibility requirements for licensed cosmetologists to
20-practice cosmetology pursuant to the compact; to provide for a
21-coordinated licensure information system, joint
22-investigations, and disciplinary actions; to establish the
23-Cosmetology Licensure Compact Commission; to provide for the
24-membership, powers, duties, and rulemaking functions of the
25-commission; and to provide for oversight of the compact,
26-enforcement of the compact, default procedures, dispute
27-resolution, withdrawal of compact states, and amendments to
28-the compact.
29-BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
30-Section 1. Purpose.
31-(a) The purpose of this compact is to facilitate the
32-interstate practice and regulation of cosmetology with the
33-goal of improving public access to, and the safety of,
34-cosmetology services and reducing unnecessary burdens related
35-to cosmetology licensure. Through this compact, the member
36-states seek to establish a regulatory framework which provides
37-for a new multistate licensing program. Through this new
38-licensing program, the member states seek to provide increased
39-value and mobility to licensed cosmetologists in the member
13+SYNOPSIS:
14+This bill would establish the Cosmetology
15+Licensure Compact.
16+This bill would allow the practice of
17+cosmetology by licensed cosmetologists among compact
18+states.
19+This bill would authorize state cosmetology
20+regulatory authorities in compact states, which would
21+include the Alabama Board of Cosmetology and Barbering,
22+to legally recognize, in a manner consistent with terms
23+of the compact, cosmetologists licensed within those
24+states.
25+This bill would provide eligibility requirements
26+for licensed cosmetologists to practice cosmetology
27+services pursuant to the compact and a multistate
28+license.
29+This bill would provide accommodations for
30+licensed cosmetologists who are active duty personnel
31+and their spouses.
32+This bill would provide for a coordinated
33+licensure database for reporting licensure,
34+investigative information, and disciplinary actions.
35+This bill would establish the Cosmetology
36+Licensure Compact Commission, and would provide for the
37+membership, powers, and duties of the commission.
4038 1
4139 2
4240 3
4341 4
4442 5
4543 6
4644 7
4745 8
4846 9
4947 10
5048 11
5149 12
5250 13
5351 14
5452 15
5553 16
5654 17
5755 18
5856 19
5957 20
6058 21
6159 22
6260 23
6361 24
6462 25
6563 26
6664 27
67-28 HB246 EnrolledHB246 Enrolled
65+28 HB246 INTRODUCEDHB246 INTRODUCED
6866 Page 2
69-states, while ensuring the provision of safe, effective, and
70-reliable services to the public.
71-(b) This compact is designed to achieve the following
72-objectives, and the member states ratify the same intentions,
73-by subscribing to all of the following:
74-(1) Provide opportunities for interstate practice by
75-cosmetologists who meet uniform requirements for multistate
76-licensure.
77-(2) Enhance the abilities of member states to protect
78-public health and safety, and prevent fraud and unlicensed
79-activity within the profession.
80-(3) Ensure and encourage cooperation between member
81-states in the licensure and regulation of the practice of
82-cosmetology.
83-(4) Support relocating military members and their
84-spouses.
85-(5) Facilitate the exchange of information between
86-member states related to the licensure, investigation, and
87-discipline of the practice of cosmetology.
88-(6) Provide for the licensure and mobility of the
89-workforce in the profession, while addressing the shortage of
90-workers and lessening the associated burdens on the member
91-states.
92-Section 2. Definitions.
93-As used in this compact, and except as otherwise
94-provided, the following definitions shall govern the terms
95-herein:
96-(1) ACTIVE DUTY MILITARY MEMBER. Any individual in
67+This bill would also provide for rulemaking
68+functions of the commission, oversight of the compact,
69+enforcement of the compact, default procedures, dispute
70+resolution, withdrawal of compact states, and
71+amendments to the compact.
72+A BILL
73+TO BE ENTITLED
74+AN ACT
75+Relating to the licensed practice of cosmetology; to
76+provide and adopt the Cosmetology Licensure Compact to allow
77+licensed cosmetologists to practice pursuant to a multistate
78+license among compact states in a limited manner; to provide
79+eligibility requirements for licensed cosmetologists to
80+practice cosmetology pursuant to the compact; to provide for a
81+coordinated licensure information system, joint
82+investigations, and disciplinary actions; to establish the
83+Cosmetology Licensure Compact Commission; to provide for the
84+membership, powers, duties, and rulemaking functions of the
85+commission; and to provide for oversight of the compact,
86+enforcement of the compact, default procedures, dispute
87+resolution, withdrawal of compact states, and amendments to
88+the compact.
89+BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
90+Section 1. Purpose.
91+(a) The purpose of this compact is to facilitate the
9792 29
9893 30
9994 31
10095 32
10196 33
10297 34
10398 35
10499 36
105100 37
106101 38
107102 39
108103 40
109104 41
110105 42
111106 43
112107 44
113108 45
114109 46
115110 47
116111 48
117112 49
118113 50
119114 51
120115 52
121116 53
122117 54
123118 55
124-56 HB246 EnrolledHB246 Enrolled
119+56 HB246 INTRODUCEDHB246 INTRODUCED
125120 Page 3
126-full-time duty status in the active unformed service Armed
127-Forces of the United States including members of the National
128-Guard and Reserve.
129-(2) ADVERSE ACTION. Any administrative, civil,
130-equitable, or criminal action permitted by a member state's
131-laws which is imposed by a state licensing authority or other
132-regulatory body against a cosmetologist, including actions
133-against an individual's license or authorization to practice,
134-such as revocation, suspension, probation, monitoring of the
135-licensee, limitation of the licensee's practice, or any other
136-encumbrance on a license affecting an individual's ability to
137-participate in the cosmetology industry, including the
138-issuance of a cease and desist order.
139-(3) ALTERNATIVE PROGRAM. A non-disciplinary monitoring
140-or prosecutorial diversion program approved by a member
141-state's state licensing authority.
142-(4) AUTHORIZATION TO PRACTICE. A legal authorization
143-associated with a multistate license permitting the practice
144-of cosmetology in that remote state, which shall be subject to
145-the enforcement jurisdiction of the state licensing authority
146-in that remote state.
147-(5) BACKGROUND CHECK. The submission of information for
148-an applicant for the purpose of obtaining that applicant's
149-criminal history record information, as further defined in 28
150-C.F.R. ยง 20.33, from the Federal Bureau of Investigation and
151-the agency responsible for retaining state criminal or
152-disciplinary history in the applicant's home state.
153-(6) CHARTER MEMBER STATE. Member states that have
121+interstate practice and regulation of cosmetology with the
122+goal of improving public access to, and the safety of,
123+cosmetology services and reducing unnecessary burdens related
124+to cosmetology licensure. Through this compact, the member
125+states seek to establish a regulatory framework which provides
126+for a new multistate licensing program. Through this new
127+licensing program, the member states seek to provide increased
128+value and mobility to licensed cosmetologists in the member
129+states, while ensuring the provision of safe, effective, and
130+reliable services to the public.
131+(b) This compact is designed to achieve the following
132+objectives, and the member states ratify the same intentions,
133+by subscribing to all of the following:
134+(1) Provide opportunities for interstate practice by
135+cosmetologists who meet uniform requirements for multistate
136+licensure.
137+(2) Enhance the abilities of member states to protect
138+public health and safety, and prevent fraud and unlicensed
139+activity within the profession.
140+(3) Ensure and encourage cooperation between member
141+states in the licensure and regulation of the practice of
142+cosmetology.
143+(4) Support relocating military members and their
144+spouses.
145+(5) Facilitate the exchange of information between
146+member states related to the licensure, investigation, and
147+discipline of the practice of cosmetology.
148+(6) Provide for the licensure and mobility of the
154149 57
155150 58
156151 59
157152 60
158153 61
159154 62
160155 63
161156 64
162157 65
163158 66
164159 67
165160 68
166161 69
167162 70
168163 71
169164 72
170165 73
171166 74
172167 75
173168 76
174169 77
175170 78
176171 79
177172 80
178173 81
179174 82
180175 83
181-84 HB246 EnrolledHB246 Enrolled
176+84 HB246 INTRODUCEDHB246 INTRODUCED
182177 Page 4
183-enacted legislation to adopt this compact where the
184-legislation predates the effective date of this compact as
185-defined in Section 13.
186-(7) COMMISSION. The government agency whose membership
187-consists of all states that have enacted this compact, which
188-is known as the Cosmetology Licensure Compact Commission, as
189-defined in Section 9, and which shall operate as an
190-instrumentality of the member states.
191-(8) COSMETOLOGIST. An individual licensed in his or her
192-home state to practice cosmetology.
193-(9) COSMETOLOGY, COSMETOLOGY SERVICES, and the PRACTICE
194-OF COSMETOLOGY. The care and services provided by a
195-cosmetologist as set forth in the member state's statutes and
196-rules in the state where the services are being provided.
197-(10) CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION:
198-Either of the following:
199-a. Investigative information that a state licensing
200-authority, after an inquiry or investigation that complies
201-with a member state's due process requirements, has reason to
202-believe is not groundless and, if proved true, would indicate
203-a violation of that state's laws regarding fraud or the
204-practice of cosmetology.
205-b. Investigative information that indicates that a
206-licensee has engaged in fraud or represents an immediate
207-threat to public health and safety, regardless of whether the
208-licensee has been notified and had an opportunity to respond.
209-(11) DATA SYSTEM. A repository of information about
210-licensees including, but not limited to, license status,
178+workforce in the profession, while addressing the shortage of
179+workers and lessening the associated burdens on the member
180+states.
181+Section 2. Definitions.
182+As used in this compact, and except as otherwise
183+provided, the following definitions shall govern the terms
184+herein:
185+(1) ACTIVE DUTY MILITARY. Any individual in full-time
186+duty status in the active uniformed service of the United
187+States including members of the National Guard and Reserve.
188+(2) ADVERSE ACTION. Any administrative, civil,
189+equitable, or criminal action permitted by a member state's
190+laws which is imposed by a state licensing authority or other
191+regulatory body against a cosmetologist, including actions
192+against an individual's license or authorization to practice,
193+such as revocation, suspension, probation, monitoring of the
194+licensee, limitation of the licensee's practice, or any other
195+encumbrance on a license affecting an individual's ability to
196+participate in the cosmetology industry, including the
197+issuance of a cease and desist order.
198+(3) ALTERNATIVE PROGRAM. A non-disciplinary monitoring
199+or prosecutorial diversion program approved by a member
200+state's state licensing authority.
201+(4) AUTHORIZATION TO PRACTICE. A legal authorization
202+associated with a multistate license permitting the practice
203+of cosmetology in that remote state, which shall be subject to
204+the enforcement jurisdiction of the state licensing authority
205+in that remote state.
211206 85
212207 86
213208 87
214209 88
215210 89
216211 90
217212 91
218213 92
219214 93
220215 94
221216 95
222217 96
223218 97
224219 98
225220 99
226221 100
227222 101
228223 102
229224 103
230225 104
231226 105
232227 106
233228 107
234229 108
235230 109
236231 110
237232 111
238-112 HB246 EnrolledHB246 Enrolled
233+112 HB246 INTRODUCEDHB246 INTRODUCED
239234 Page 5
240-investigative information, and adverse actions.
241-(12) DISQUALIFYING EVENT. Any event which shall
242-disqualify an individual from holding a multistate license
243-under this compact, which the commission may by rule or order
244-specify.
245-(13) ENCUMBRANCE. A revocation or suspension of, or any
246-limitation on, the full and unrestricted practice of
247-cosmetology by a state licensing authority.
248-(14) EXECUTIVE COMMITTEE. A group of delegates elected
249-or appointed to act on behalf of, and within the powers
250-granted to them by, the commission.
251-(15) HOME STATE. The member state which is a licensee's
252-primary state of residence, and where that licensee holds an
253-active and unencumbered license to practice cosmetology.
254-(16) INVESTIGATIVE INFORMATION. Information, records,
255-or documents received or generated by a state licensing
256-authority pursuant to an investigation or other inquiry.
257-(17) JURSIPRUDENCE REQUIREMENT. The assessment of an
258-individual's knowledge of the laws and rules governing the
259-practice of cosmetology in a state.
260-(18) LICENSEE. An individual who currently holds a
261-license from a member state to practice as a cosmetologist.
262-(19) MEMBER STATE. Any state that has adopted this
263-compact.
264-(20) MULTISTATE LICENSE. A license issued by and
265-subject to the enforcement jurisdiction of the state licensing
266-authority in a licensee's home state, which authorizes the
267-practice of cosmetology in member states and includes
235+(5) BACKGROUND CHECK. The submission of information for
236+an applicant for the purpose of obtaining that applicant's
237+criminal history record information, as further defined in 28
238+C.F.R. ยง 20.33, from the Federal Bureau of Investigation and
239+the agency responsible for retaining state criminal or
240+disciplinary history in the applicant's home state.
241+(6) CHARTER MEMBER STATE. Member states that have
242+enacted legislation to adopt this compact where the
243+legislation predates the effective date of this compact as
244+defined in Section 13.
245+(7) COMMISSION. The government agency whose membership
246+consists of all states that have enacted this compact, which
247+is known as the Cosmetology Licensure Compact Commission, as
248+defined in Section 9, and which shall operate as an
249+instrumentality of the member states.
250+(8) COSMETOLOGIST. An individual licensed in his or her
251+home state to practice cosmetology.
252+(9) COSMETOLOGY, COSMETOLOGY SERVICES, and the PRACTICE
253+OF COSMETOLOGY. The care and services provided by a
254+cosmetologist as set forth in the member state's statutes and
255+rules in the state where the services are being provided.
256+(10) CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION:
257+Either of the following:
258+a. Investigative information that a state licensing
259+authority, after an inquiry or investigation that complies
260+with a member state's due process requirements, has reason to
261+believe is not groundless and, if proved true, would indicate
262+a violation of that state's laws regarding fraud or the
268263 113
269264 114
270265 115
271266 116
272267 117
273268 118
274269 119
275270 120
276271 121
277272 122
278273 123
279274 124
280275 125
281276 126
282277 127
283278 128
284279 129
285280 130
286281 131
287282 132
288283 133
289284 134
290285 135
291286 136
292287 137
293288 138
294289 139
295-140 HB246 EnrolledHB246 Enrolled
290+140 HB246 INTRODUCEDHB246 INTRODUCED
296291 Page 6
297-authorizations to practice cosmetology in all remote states
298-pursuant to this compact.
299-(21) REMOTE STATE. Any member state, other than the
300-licensee's home state.
301-(22) RULE. Any rule or regulation adopted by the
302-commission under this compact which has the force of law.
303-(23) SINGLE-STATE LICENSE. A cosmetology license issued
304-by a member state that authorizes practice of cosmetology only
305-within the issuing state and does not include any
306-authorization outside of the issuing state.
307-(24) STATE. A state, territory, or possession of the
308-United States and the District of Columbia.
309-(25) STATE LICENSING AUTHORITY. A member state's
310-regulatory body responsible for issuing cosmetology licenses
311-or otherwise overseeing the practice of cosmetology in that
312-state.
313-Section 3. Member state requirements.
314-(a) To be eligible to join this compact, and to
315-maintain eligibility as a member state, a state must do all of
316-the following:
317-(1) License and regulate cosmetology.
318-(2) Have a mechanism or entity in place to receive and
319-investigate complaints about licensees practicing in that
320-state.
321-(3) Require that licensees within the state pass a
322-cosmetology competency examination prior to being licensed to
323-provide cosmetology services to the public in that state.
324-(4) Require that licensees satisfy educational or
292+practice of cosmetology.
293+b. Investigative information that indicates that a
294+licensee has engaged in fraud or represents an immediate
295+threat to public health and safety, regardless of whether the
296+licensee has been notified and had an opportunity to respond.
297+(11) DATA SYSTEM. A repository of information about
298+licensees including, but not limited to, license status,
299+investigative information, and adverse actions.
300+(12) DISQUALIFYING EVENT. Any event which shall
301+disqualify an individual from holding a multistate license
302+under this compact, which the commission may by rule or order
303+specify.
304+(13) ENCUMBRANCE. A revocation or suspension of, or any
305+limitation on, the full and unrestricted practice of
306+cosmetology by a state licensing authority.
307+(14) EXECUTIVE COMMITTEE. A group of delegates elected
308+or appointed to act on behalf of, and within the powers
309+granted to them by, the commission.
310+(15) HOME STATE. The member state which is a licensee's
311+primary state of residence, and where that licensee holds an
312+active and unencumbered license to practice cosmetology.
313+(16) INVESTIGATIVE INFORMATION. Information, records,
314+or documents received or generated by a state licensing
315+authority pursuant to an investigation or other inquiry.
316+(17) JURSIPRUDENCE REQUIREMENT. The assessment of an
317+individual's knowledge of the laws and rules governing the
318+practice of cosmetology in a state.
319+(18) LICENSEE. An individual who currently holds a
325320 141
326321 142
327322 143
328323 144
329324 145
330325 146
331326 147
332327 148
333328 149
334329 150
335330 151
336331 152
337332 153
338333 154
339334 155
340335 156
341336 157
342337 158
343338 159
344339 160
345340 161
346341 162
347342 163
348343 164
349344 165
350345 166
351346 167
352-168 HB246 EnrolledHB246 Enrolled
347+168 HB246 INTRODUCEDHB246 INTRODUCED
353348 Page 7
354-training requirements in cosmetology prior to being licensed
355-to provide cosmetology services to the public in that state.
356-(5) Implement procedures for considering one or more of
357-the following categories of information from applicants for
358-licensure: Criminal history; disciplinary history; or
359-background check. The procedures may include the submission of
360-information by applicants for the purpose of obtaining an
361-applicant's background check.
362-(6) Participate in the data system, including through
363-the use of unique identifying numbers.
364-(7) Share information related to adverse actions with
365-the commission and other member states, both through the data
366-system and otherwise.
367-(8) Notify the commission and other member states, in
368-compliance with the terms of the compact and rules of the
369-commission, of the existence of investigative information or
370-current significant investigative information in the state's
371-possession regarding a licensee practicing in that state.
372-(9) Comply with rules adopted by the commission to
373-administer the compact.
374-(10) Accept licensees from other member states as
375-established herein.
376-(b) Member states may charge a fee for granting a
377-license to practice cosmetology.
378-(c) Individuals not residing in a member state shall
379-continue to be able to apply for a member state's single-state
380-license as provided under the laws of each member state.
381-However, the single-state license granted to these individuals
349+license from a member state to practice as a cosmetologist.
350+(19) MEMBER STATE. Any state that has adopted this
351+compact.
352+(20) MULTISTATE LICENSE. A license issued by and
353+subject to the enforcement jurisdiction of the state licensing
354+authority in a licensee's home state, which authorizes the
355+practice of cosmetology in member states and includes
356+authorizations to practice cosmetology in all remote states
357+pursuant to this compact.
358+(21) REMOTE STATE. Any member state, other than the
359+licensee's home state.
360+(22) RULE. Any rule or regulation adopted by the
361+commission under this compact which has the force of law.
362+(23) SINGLE-STATE LICENSE. A cosmetology license issued
363+by a member state that authorizes practice of cosmetology only
364+within the issuing state and does not include any
365+authorization outside of the issuing state.
366+(24) STATE. A state, territory, or possession of the
367+United States and the District of Columbia.
368+(25) STATE LICENSING AUTHORITY. A member state's
369+regulatory body responsible for issuing cosmetology licenses
370+or otherwise overseeing the practice of cosmetology in that
371+state.
372+Section 3. Member state requirements.
373+(a) To be eligible to join this compact, and to
374+maintain eligibility as a member state, a state must do all of
375+the following:
376+(1) License and regulate cosmetology.
382377 169
383378 170
384379 171
385380 172
386381 173
387382 174
388383 175
389384 176
390385 177
391386 178
392387 179
393388 180
394389 181
395390 182
396391 183
397392 184
398393 185
399394 186
400395 187
401396 188
402397 189
403398 190
404399 191
405400 192
406401 193
407402 194
408403 195
409-196 HB246 EnrolledHB246 Enrolled
404+196 HB246 INTRODUCEDHB246 INTRODUCED
410405 Page 8
411-shall not be recognized as granting a multistate license to
412-provide services in any other member state.
413-(d) Nothing in this compact shall affect the
414-requirements established by a member state for the issuance of
415-a single-state license.
416-(e) A multistate license issued to a licensee by a home
417-state to a resident of that state shall be recognized by each
418-member state as authorizing a licensee to practice cosmetology
419-in each member state.
420-(f) At no point shall the commission have the power to
421-define the educational or professional requirements for a
422-license to practice cosmetology. The member states shall
423-retain sole jurisdiction over the provision of these
424-requirements.
425-Section 4. Multistate license.
426-(a) To be eligible to apply to his or her home state's
427-state licensing authority for an initial multistate license
428-under this compact, a licensee must hold an active and
429-unencumbered single-state license to practice cosmetology in
430-his or her home state.
431-(b) Upon the receipt of an application for a multistate
432-license, according to the rules of the commission, a member
433-state's state licensing authority shall ascertain whether the
434-applicant meets the requirements for a multistate license
435-under this compact.
436-(c) If an applicant meets the requirements for a
437-multistate license under this compact and any applicable rules
438-of the commission, the state licensing authority in receipt of
406+(2) Have a mechanism or entity in place to receive and
407+investigate complaints about licensees practicing in that
408+state.
409+(3) Require that licensees within the state pass a
410+cosmetology competency examination prior to being licensed to
411+provide cosmetology services to the public in that state.
412+(4) Require that licensees satisfy educational or
413+training requirements in cosmetology prior to being licensed
414+to provide cosmetology services to the public in that state.
415+(5) Implement procedures for considering one or more of
416+the following categories of information from applicants for
417+licensure: Criminal history; disciplinary history; or
418+background check. The procedures may include the submission of
419+information by applicants for the purpose of obtaining an
420+applicant's background check.
421+(6) Participate in the data system, including through
422+the use of unique identifying numbers.
423+(7) Share information related to adverse actions with
424+the commission and other member states, both through the data
425+system and otherwise.
426+(8) Notify the commission and other member states, in
427+compliance with the terms of the compact and rules of the
428+commission, of the existence of investigative information or
429+current significant investigative information in the state's
430+possession regarding a licensee practicing in that state.
431+(9) Comply with rules adopted by the commission to
432+administer the compact.
433+(10) Accept licensees from other member states as
439434 197
440435 198
441436 199
442437 200
443438 201
444439 202
445440 203
446441 204
447442 205
448443 206
449444 207
450445 208
451446 209
452447 210
453448 211
454449 212
455450 213
456451 214
457452 215
458453 216
459454 217
460455 218
461456 219
462457 220
463458 221
464459 222
465460 223
466-224 HB246 EnrolledHB246 Enrolled
461+224 HB246 INTRODUCEDHB246 INTRODUCED
467462 Page 9
468-the application, within a reasonable time, shall grant a
469-multistate license to that applicant, and inform all member
470-states of the grant of the multistate license.
471-(d) A multistate license to practice cosmetology issued
472-by a member state's state licensing authority shall be
473-recognized by each member state as authorizing the practice
474-thereof as though that licensee held a single-state license to
475-do so in each member state, subject to the restrictions
476-herein.
477-(e) A multistate license granted pursuant to this
478-compact may be effective for a definite period of time,
479-concurrent with the licensure renewal period in the home
480-state.
481-(f) To maintain a multistate license under this
482-compact, a licensee shall do all of the following:
483-(1) Agree to abide by the rules of the state licensing
484-authority, and the state scope of practice laws governing the
485-practice of cosmetology, of any member state in which the
486-licensee provides services.
487-(2) Pay all required fees related to the application
488-and process, and any other fees which the commission may by
489-rule require.
490-(3) Comply with any and all other requirements
491-regarding multistate licenses which the commission may by rule
492-provide.
493-(g) A licensee practicing in a member state is subject
494-to all scope of practice laws governing cosmetology services
495-in that state.
463+established herein.
464+(b) Member states may charge a fee for granting a
465+license to practice cosmetology.
466+(c) Individuals not residing in a member state shall
467+continue to be able to apply for a member state's single-state
468+license as provided under the laws of each member state.
469+However, the single-state license granted to these individuals
470+shall not be recognized as granting a multistate license to
471+provide services in any other member state.
472+(d) Nothing in this compact shall affect the
473+requirements established by a member state for the issuance of
474+a single-state license.
475+(e) A multistate license issued to a licensee by a home
476+state to a resident of that state shall be recognized by each
477+member state as authorizing a licensee to practice cosmetology
478+in each member state.
479+(f) At no point shall the commission have the power to
480+define the educational or professional requirements for a
481+license to practice cosmetology. The member states shall
482+retain sole jurisdiction over the provision of these
483+requirements.
484+Section 4. Multistate license.
485+(a) To be eligible to apply to his or her home state's
486+state licensing authority for an initial multistate license
487+under this compact, a licensee must hold an active and
488+unencumbered single-state license to practice cosmetology in
489+his or her home state.
490+(b) Upon the receipt of an application for a multistate
496491 225
497492 226
498493 227
499494 228
500495 229
501496 230
502497 231
503498 232
504499 233
505500 234
506501 235
507502 236
508503 237
509504 238
510505 239
511506 240
512507 241
513508 242
514509 243
515510 244
516511 245
517512 246
518513 247
519514 248
520515 249
521516 250
522517 251
523-252 HB246 EnrolledHB246 Enrolled
518+252 HB246 INTRODUCEDHB246 INTRODUCED
524519 Page 10
525-(h) The practice of cosmetology under a multistate
526-license granted pursuant to this compact shall subject the
527-licensee to the jurisdiction of the state licensing authority,
528-the courts, and the laws of the member state in which the
529-cosmetology services are provided.
530-Section 5. Reissuance of a multistate license by a new
531-home state.
532-(a) A licensee may hold a multistate license, issued by
533-his or her home state, in only one member state at any given
534-time.
535-(b) If a licensee changes his or her home state by
536-moving between two member states:
537-(1) The licensee shall immediately apply for the
538-reissuance of his or her multistate license in his or her new
539-home state. The licensee shall pay all applicable fees and
540-notify the prior home state in accordance with the rules of
541-the commission.
542-(2) Upon receipt of an application to reissue a
543-multistate license, the new home state shall verify that the
544-multistate license is active, unencumbered, and eligible for
545-reissuance under the terms of the compact and the rules of the
546-commission. The multistate license issued by the prior home
547-state shall be deactivated and all member states notified in
548-accordance with the applicable rules adopted by the
549-commission.
550-(3) If required for initial licensure, the new home
551-state may require a background check as specified in the laws
552-of that state, or the compliance with any jurisprudence
520+license, according to the rules of the commission, a member
521+state's state licensing authority shall ascertain whether the
522+applicant meets the requirements for a multistate license
523+under this compact.
524+(c) If an applicant meets the requirements for a
525+multistate license under this compact and any applicable rules
526+of the commission, the state licensing authority in receipt of
527+the application, within a reasonable time, shall grant a
528+multistate license to that applicant, and inform all member
529+states of the grant of the multistate license.
530+(d) A multistate license to practice cosmetology issued
531+by a member state's state licensing authority shall be
532+recognized by each member state as authorizing the practice
533+thereof as though that licensee held a single-state license to
534+do so in each member state, subject to the restrictions
535+herein.
536+(e) A multistate license granted pursuant to this
537+compact may be effective for a definite period of time,
538+concurrent with the licensure renewal period in the home
539+state.
540+(f) To maintain a multistate license under this
541+compact, a licensee shall do all of the following:
542+(1) Agree to abide by the rules of the state licensing
543+authority, and the state scope of practice laws governing the
544+practice of cosmetology, of any member state in which the
545+licensee provides services.
546+(2) Pay all required fees related to the application
547+and process, and any other fees which the commission may by
553548 253
554549 254
555550 255
556551 256
557552 257
558553 258
559554 259
560555 260
561556 261
562557 262
563558 263
564559 264
565560 265
566561 266
567562 267
568563 268
569564 269
570565 270
571566 271
572567 272
573568 273
574569 274
575570 275
576571 276
577572 277
578573 278
579574 279
580-280 HB246 EnrolledHB246 Enrolled
575+280 HB246 INTRODUCEDHB246 INTRODUCED
581576 Page 11
582-requirements of the new home state.
583-(4) Notwithstanding any other provision of this
584-compact, if a licensee does not meet the requirements set
585-forth in this compact for the reissuance of a multistate
586-license by the new home state, then the licensee shall be
587-subject to the new home state requirements for the issuance of
588-a single-state license in that state.
589-(c) If a licensee changes his or her primary state of
590-residence by moving from a member state to a non-member state,
591-or from a non-member state to a member state, then the
592-licensee shall be subject to the state requirements for the
593-issuance of a single-state license in the new home state.
594-(d) Nothing in this compact shall interfere with a
595-licensee's ability to hold a single-state license in multiple
596-states; however, for the purposes of this compact, a licensee
597-shall have only one home state, and only one multistate
598-license.
599-(e) Nothing in this compact shall interfere with the
600-requirements established by a member state for the issuance of
601-a single-state license.
602-Section 6. Authority of the compact commission and
603-member state licensing authorities.
604-(a) Nothing in this compact, nor any rule of the
605-commission, shall be construed to limit, restrict, or in any
606-way reduce the ability of a member state to enact and enforce
607-laws, regulations, or other rules related to the practice of
608-cosmetology in that state, where those laws, regulations, or
609-other rules are not inconsistent with this compact.
577+rule require.
578+(3) Comply with any and all other requirements
579+regarding multistate licenses which the commission may by rule
580+provide.
581+(g) A licensee practicing in a member state is subject
582+to all scope of practice laws governing cosmetology services
583+in that state.
584+(h) The practice of cosmetology under a multistate
585+license granted pursuant to this compact shall subject the
586+licensee to the jurisdiction of the state licensing authority,
587+the courts, and the laws of the member state in which the
588+cosmetology services are provided.
589+Section 5. Reissuance of a multistate license by a new
590+home state.
591+(a) A licensee may hold a multistate license, issued by
592+his or her home state, in only one member state at any given
593+time.
594+(b) If a licensee changes his or her home state by
595+moving between two member states:
596+(1) The licensee shall immediately apply for the
597+reissuance of his or her multistate license in his or her new
598+home state. The licensee shall pay all applicable fees and
599+notify the prior home state in accordance with the rules of
600+the commission.
601+(2) Upon receipt of an application to reissue a
602+multistate license, the new home state shall verify that the
603+multistate license is active, unencumbered, and eligible for
604+reissuance under the terms of the compact and the rules of the
610605 281
611606 282
612607 283
613608 284
614609 285
615610 286
616611 287
617612 288
618613 289
619614 290
620615 291
621616 292
622617 293
623618 294
624619 295
625620 296
626621 297
627622 298
628623 299
629624 300
630625 301
631626 302
632627 303
633628 304
634629 305
635630 306
636631 307
637-308 HB246 EnrolledHB246 Enrolled
632+308 HB246 INTRODUCEDHB246 INTRODUCED
638633 Page 12
639-(b) Insofar as practical, a member state's state
640-licensing authority shall cooperate with the commission and
641-with each entity exercising independent regulatory authority
642-over the practice of cosmetology according to this compact.
643-(c) Discipline shall be the sole responsibility of the
644-state in which cosmetology services are provided. Accordingly,
645-each member state's state licensing authority shall be
646-responsible for receiving complaints about individuals
647-practicing cosmetology in that state, and for communicating
648-all relevant investigative information about any adverse
649-action to the other member states through the data system in
650-addition to any other methods the commission may by rule
651-require.
652-Section 7. Adverse actions.
653-(a) A licensee's home state shall have exclusive power
654-to impose an adverse action against a licensee's multistate
655-license issued by the home state.
656-(b) A home state may take adverse action on a
657-multistate license based on the investigative information,
658-current significant investigative information, or adverse
659-action of a remote state.
660-(c) In addition to the powers conferred by state law,
661-each remote state's state licensing authority shall have the
662-power to do all of the following:
663-(1) Take adverse action against a licensee's
664-authorization to practice cosmetology through the multistate
665-license in that member state, provided that:
666-a. Only the licensee's home state shall have the power
634+commission. The multistate license issued by the prior home
635+state shall be deactivated and all member states notified in
636+accordance with the applicable rules adopted by the
637+commission.
638+(3) If required for initial licensure, the new home
639+state may require a background check as specified in the laws
640+of that state, or the compliance with any jurisprudence
641+requirements of the new home state.
642+(4) Notwithstanding any other provision of this
643+compact, if a licensee does not meet the requirements set
644+forth in this compact for the reissuance of a multistate
645+license by the new home state, then the licensee shall be
646+subject to the new home state requirements for the issuance of
647+a single-state license in that state.
648+(c) If a licensee changes his or her primary state of
649+residence by moving from a member state to a non-member state,
650+or from a non-member state to a member state, then the
651+licensee shall be subject to the state requirements for the
652+issuance of a single-state license in the new home state.
653+(d) Nothing in this compact shall interfere with a
654+licensee's ability to hold a single-state license in multiple
655+states; however, for the purposes of this compact, a licensee
656+shall have only one home state, and only one multistate
657+license.
658+(e) Nothing in this compact shall interfere with the
659+requirements established by a member state for the issuance of
660+a single-state license.
661+Section 6. Authority of the compact commission and
667662 309
668663 310
669664 311
670665 312
671666 313
672667 314
673668 315
674669 316
675670 317
676671 318
677672 319
678673 320
679674 321
680675 322
681676 323
682677 324
683678 325
684679 326
685680 327
686681 328
687682 329
688683 330
689684 331
690685 332
691686 333
692687 334
693688 335
694-336 HB246 EnrolledHB246 Enrolled
689+336 HB246 INTRODUCEDHB246 INTRODUCED
695690 Page 13
696-to take adverse action against the multistate license issued
697-by the home state; and
698-b. For the purposes of taking adverse action, the home
699-state's state licensing authority shall give the same priority
700-and effect to reported conduct received from a remote state as
701-it would if the conduct had occurred within the home state. In
702-so doing, the home state shall apply its own state laws to
703-determine the appropriate action.
704-(2) Issue cease and desist orders or impose an
705-encumbrance on a licensee's authorization to practice within
706-that member state.
707-(3) Complete any pending investigations of a licensee
708-who changes his or her primary state of residence during the
709-course of an investigation. The state licensing authority
710-shall also be empowered to report the results of an
711-investigation to the commission through the data system as
712-described herein.
713-(4) Issue subpoenas for both hearings and
714-investigations that require the attendance and testimony of
715-witnesses, as well as the production of evidence. Subpoenas
716-issued by a state licensing authority in a member state for
717-the attendance and testimony of witnesses or the production of
718-evidence from another member state shall be enforced in the
719-latter state by any court of competent jurisdiction, according
720-to the practice and procedure of that court applicable to
721-subpoenas issued in proceedings before the court. The issuing
722-state licensing authority shall pay any witness fees, travel
723-expenses, mileage, and other fees required by the service
691+member state licensing authorities.
692+(a) Nothing in this compact, nor any rule of the
693+commission, shall be construed to limit, restrict, or in any
694+way reduce the ability of a member state to enact and enforce
695+laws, regulations, or other rules related to the practice of
696+cosmetology in that state, where those laws, regulations, or
697+other rules are not inconsistent with this compact.
698+(b) Insofar as practical, a member state's state
699+licensing authority shall cooperate with the commission and
700+with each entity exercising independent regulatory authority
701+over the practice of cosmetology according to this compact.
702+(c) Discipline shall be the sole responsibility of the
703+state in which cosmetology services are provided. Accordingly,
704+each member state's state licensing authority shall be
705+responsible for receiving complaints about individuals
706+practicing cosmetology in that state, and for communicating
707+all relevant investigative information about any adverse
708+action to the other member states through the data system in
709+addition to any other methods the commission may by rule
710+require.
711+Section 7. Adverse actions.
712+(a) A licensee's home state shall have exclusive power
713+to impose an adverse action against a licensee's multistate
714+license issued by the home state.
715+(b) A home state may take adverse action on a
716+multistate license based on the investigative information,
717+current significant investigative information, or adverse
718+action of a remote state.
724719 337
725720 338
726721 339
727722 340
728723 341
729724 342
730725 343
731726 344
732727 345
733728 346
734729 347
735730 348
736731 349
737732 350
738733 351
739734 352
740735 353
741736 354
742737 355
743738 356
744739 357
745740 358
746741 359
747742 360
748743 361
749744 362
750745 363
751-364 HB246 EnrolledHB246 Enrolled
746+364 HB246 INTRODUCEDHB246 INTRODUCED
752747 Page 14
753-statutes of the state in which the witnesses or evidence are
754-located.
755-(5) If otherwise permitted by state law, recover from
756-the affected licensee the costs of investigations and
757-disposition of cases resulting from any adverse action taken
758-against that licensee.
759-(6) Take adverse action against the licensee's
760-authorization to practice in that state based on the factual
761-findings of another remote state.
762-(d) A licensee's home state shall complete any pending
763-investigation of a cosmetologist who changes his or her
764-primary state of residence during the course of the
765-investigation. The home state shall also have the authority to
766-take appropriate action and shall promptly report the
767-conclusions of the investigations to the data system.
768-(e) If an adverse action is taken by the home state
769-against a licensee's multistate license, the licensee's
770-authorization to practice in all other member states shall be
771-deactivated until all encumbrances have been removed from the
772-home state license. All home state disciplinary orders that
773-impose an adverse action against a licensee's multistate
774-license shall include a statement that the cosmetologist's
775-authorization to practice is deactivated in all member states
776-during the pendency of the order.
777-(f) Nothing in this compact shall override a member
778-state's authority to accept a licensee's participation in an
779-alternative program in lieu of adverse action. A licensee's
780-multistate license shall be suspended for the duration of the
748+(c) In addition to the powers conferred by state law,
749+each remote state's state licensing authority shall have the
750+power to do all of the following:
751+(1) Take adverse action against a licensee's
752+authorization to practice cosmetology through the multistate
753+license in that member state, provided that:
754+a. Only the licensee's home state shall have the power
755+to take adverse action against the multistate license issued
756+by the home state; and
757+b. For the purposes of taking adverse action, the home
758+state's state licensing authority shall give the same priority
759+and effect to reported conduct received from a remote state as
760+it would if the conduct had occurred within the home state. In
761+so doing, the home state shall apply its own state laws to
762+determine the appropriate action.
763+(2) Issue cease and desist orders or impose an
764+encumbrance on a licensee's authorization to practice within
765+that member state.
766+(3) Complete any pending investigations of a licensee
767+who changes his or her primary state of residence during the
768+course of an investigation. The state licensing authority
769+shall also be empowered to report the results of an
770+investigation to the commission through the data system as
771+described herein.
772+(4) Issue subpoenas for both hearings and
773+investigations that require the attendance and testimony of
774+witnesses, as well as the production of evidence. Subpoenas
775+issued by a state licensing authority in a member state for
781776 365
782777 366
783778 367
784779 368
785780 369
786781 370
787782 371
788783 372
789784 373
790785 374
791786 375
792787 376
793788 377
794789 378
795790 379
796791 380
797792 381
798793 382
799794 383
800795 384
801796 385
802797 386
803798 387
804799 388
805800 389
806801 390
807802 391
808-392 HB246 EnrolledHB246 Enrolled
803+392 HB246 INTRODUCEDHB246 INTRODUCED
809804 Page 15
810-licensee's participation in any alternative program.
811-(g) Joint investigations.
812-(1) In addition to the authority granted to a member
813-state by its respective scope of practice laws or other
814-applicable state law, a member state may participate with
815-other member states in joint investigations of licensees.
816-(2) Member states shall share any investigative,
817-litigation, or compliance materials in furtherance of any
818-joint or individual investigation initiated under the compact.
819-Section 8. Active duty military members and their
820-spouses.
821-Active dutymilitary personnel military members , or
822-their spouses, shall designate a home state where the
823-individual has a current license to practice cosmetology in
824-good standing. The individual may retain his or her home state
825-designation during any period of service when that individual
826-or his or her spouse is on active duty assignment.
827-Section 9. Establishment and operation of the
828-Cosmetology Licensure Compact Commission.
829-(a) The compact member states hereby create and
830-establish a joint government agency whose membership consists
831-of all member states that have enacted the compact known as
832-the Cosmetology Licensure Compact Commission. The commission
833-is an instrumentality of the compact member states acting
834-jointly and not an instrumentality of any one state. The
835-commission shall come into existence on or after the effective
836-date of the compact as set forth in Section 13.
837-(b) Membership, voting, and meetings.
805+the attendance and testimony of witnesses or the production of
806+evidence from another member state shall be enforced in the
807+latter state by any court of competent jurisdiction, according
808+to the practice and procedure of that court applicable to
809+subpoenas issued in proceedings before the court. The issuing
810+state licensing authority shall pay any witness fees, travel
811+expenses, mileage, and other fees required by the service
812+statutes of the state in which the witnesses or evidence are
813+located.
814+(5) If otherwise permitted by state law, recover from
815+the affected licensee the costs of investigations and
816+disposition of cases resulting from any adverse action taken
817+against that licensee.
818+(6) Take adverse action against the licensee's
819+authorization to practice in that state based on the factual
820+findings of another remote state.
821+(d) A licensee's home state shall complete any pending
822+investigation of a cosmetologist who changes his or her
823+primary state of residence during the course of the
824+investigation. The home state shall also have the authority to
825+take appropriate action and shall promptly report the
826+conclusions of the investigations to the data system.
827+(e) If an adverse action is taken by the home state
828+against a licensee's multistate license, the licensee's
829+authorization to practice in all other member states shall be
830+deactivated until all encumbrances have been removed from the
831+home state license. All home state disciplinary orders that
832+impose an adverse action against a licensee's multistate
838833 393
839834 394
840835 395
841836 396
842837 397
843838 398
844839 399
845840 400
846841 401
847842 402
848843 403
849844 404
850845 405
851846 406
852847 407
853848 408
854849 409
855850 410
856851 411
857852 412
858853 413
859854 414
860855 415
861856 416
862857 417
863858 418
864859 419
865-420 HB246 EnrolledHB246 Enrolled
860+420 HB246 INTRODUCEDHB246 INTRODUCED
866861 Page 16
867-(1) Each member state shall have and be limited to one
868-delegate selected by that member state's state licensing
869-authority.
870-(2) The delegate shall be an administrator of the state
871-licensing authority of the member state or his or her
872-designee.
873-(3) The commission shall by rule or bylaw establish a
874-term of office for delegates and may by rule or bylaw
875-establish term limits.
876-(4) The commission may recommend removal or suspension
877-of any delegate from office.
878-(5) A member state's state licensing authority shall
879-fill any vacancy of its delegate occurring on the commission
880-within 60 days of the vacancy.
881-(6) Each delegate shall be entitled to one vote on all
882-matters that are voted on by the commission.
883-(7) The commission shall meet at least once during each
884-calendar year. Additional meetings may be held as set forth in
885-the bylaws. The commission may meet by telecommunication,
886-video conference or other similar electronic means.
887-(c) The commission shall do all of the following:
888-(1) Establish the fiscal year of the commission.
889-(2) Establish code of conduct and conflict of interest
890-policies.
891-(3) Adopt rules and bylaws.
892-(4) Maintain its financial records in accordance with
893-the bylaws.
894-(5) Meet and take actions consistent with this compact,
862+license shall include a statement that the cosmetologist's
863+authorization to practice is deactivated in all member states
864+during the pendency of the order.
865+(f) Nothing in this compact shall override a member
866+state's authority to accept a licensee's participation in an
867+alternative program in lieu of adverse action. A licensee's
868+multistate license shall be suspended for the duration of the
869+licensee's participation in any alternative program.
870+(g) Joint investigations.
871+(1) In addition to the authority granted to a member
872+state by its respective scope of practice laws or other
873+applicable state law, a member state may participate with
874+other member states in joint investigations of licensees.
875+(2) Member states shall share any investigative,
876+litigation, or compliance materials in furtherance of any
877+joint or individual investigation initiated under the compact.
878+Section 8. Active duty military and their spouses.
879+Active duty military personnel, or their spouses, shall
880+designate a home state where the individual has a current
881+license to practice cosmetology in good standing. The
882+individual may retain his or her home state designation during
883+any period of service when that individual or his or her
884+spouse is on active duty assignment.
885+Section 9. Establishment and operation of the
886+Cosmetology Licensure Compact Commission.
887+(a) The compact member states hereby create and
888+establish a joint government agency whose membership consists
889+of all member states that have enacted the compact known as
895890 421
896891 422
897892 423
898893 424
899894 425
900895 426
901896 427
902897 428
903898 429
904899 430
905900 431
906901 432
907902 433
908903 434
909904 435
910905 436
911906 437
912907 438
913908 439
914909 440
915910 441
916911 442
917912 443
918913 444
919914 445
920915 446
921916 447
922-448 HB246 EnrolledHB246 Enrolled
917+448 HB246 INTRODUCEDHB246 INTRODUCED
923918 Page 17
924-the commission's rules, and the bylaws.
925-(6) Initiate and conclude legal proceedings or actions
926-in the name of the commission; provided that the standing of
927-any state licensing authority to sue or be sued under
928-applicable law shall not be affected.
929-(7) Maintain and certify records and information
930-provided to a member state as the authenticated business
931-records of the commission, and designate an agent to do so on
932-the commission's behalf.
933-(8) Purchase and maintain insurance and bonds.
934-(9) Borrow, accept, or contract for services of
935-personnel including, but not limited to, employees of a member
936-state.
937-(10) Conduct an annual financial review.
938-(11) Hire employees, elect or appoint officers, fix
939-compensation, define duties, grant individuals appropriate
940-authority to carry out the purposes of the compact, and
941-establish the commission's personnel policies and programs
942-relating to conflicts of interest, qualifications of
943-personnel, and other related personnel matters.
944-(12) As set forth in the commission rules, charge a fee
945-to a licensee for the grant of a multistate license and
946-thereafter, as may be established by commission rule, charge
947-the licensee a multistate license renewal fee for each renewal
948-period. Nothing herein shall be construed to prevent a home
949-state from charging a licensee a fee for a multistate license
950-or renewals of a multistate license, or a fee for the
951-jurisprudence requirement if the member state imposes a
919+the Cosmetology Licensure Compact Commission. The commission
920+is an instrumentality of the compact member states acting
921+jointly and not an instrumentality of any one state. The
922+commission shall come into existence on or after the effective
923+date of the compact as set forth in Section 13.
924+(b) Membership, voting, and meetings.
925+(1) Each member state shall have and be limited to one
926+delegate selected by that member state's state licensing
927+authority.
928+(2) The delegate shall be an administrator of the state
929+licensing authority of the member state or his or her
930+designee.
931+(3) The commission shall by rule or bylaw establish a
932+term of office for delegates and may by rule or bylaw
933+establish term limits.
934+(4) The commission may recommend removal or suspension
935+of any delegate from office.
936+(5) A member state's state licensing authority shall
937+fill any vacancy of its delegate occurring on the commission
938+within 60 days of the vacancy.
939+(6) Each delegate shall be entitled to one vote on all
940+matters that are voted on by the commission.
941+(7) The commission shall meet at least once during each
942+calendar year. Additional meetings may be held as set forth in
943+the bylaws. The commission may meet by telecommunication,
944+video conference or other similar electronic means.
945+(c) The commission shall do all of the following:
946+(1) Establish the fiscal year of the commission.
952947 449
953948 450
954949 451
955950 452
956951 453
957952 454
958953 455
959954 456
960955 457
961956 458
962957 459
963958 460
964959 461
965960 462
966961 463
967962 464
968963 465
969964 466
970965 467
971966 468
972967 469
973968 470
974969 471
975970 472
976971 473
977972 474
978973 475
979-476 HB246 EnrolledHB246 Enrolled
974+476 HB246 INTRODUCEDHB246 INTRODUCED
980975 Page 18
981-requirement for the grant of a multistate license.
982-(13) Assess and collect fees.
983-(14) Accept any and all appropriate gifts, donations,
984-grants of money, other sources of revenue, equipment,
985-supplies, materials, and services, and receive, utilize, and
986-dispose of the same; provided that the commission shall avoid
987-any appearance of impropriety or conflict of interest.
988-(15) Lease, purchase, retain, own, hold, improve, or
989-use any property, real, personal, or mixed, or any undivided
990-interest therein.
991-(16) Sell, convey, mortgage, pledge, lease, exchange,
992-abandon, or otherwise dispose of any property real, personal,
993-or mixed.
994-(17) Establish a budget and make expenditures.
995-(18) Borrow money.
996-(19) Appoint committees, including standing committees,
997-composed of members, state regulators, state legislators or
998-their representatives, and consumer representatives, and other
999-interested individuals as may be designated in this compact
1000-and the bylaws.
1001-(20) Provide and receive information from, and
1002-cooperate with, law enforcement agencies.
1003-(21) Elect a chair, vice chair, secretary, treasurer,
1004-and other officers of the commission as provided in the
1005-commission's bylaws.
1006-(22) Establish and elect an executive committee,
1007-including a chair and a vice chair.
1008-(23) Adopt and provide to the participating member
976+(2) Establish code of conduct and conflict of interest
977+policies.
978+(3) Adopt rules and bylaws.
979+(4) Maintain its financial records in accordance with
980+the bylaws.
981+(5) Meet and take actions consistent with this compact,
982+the commission's rules, and the bylaws.
983+(6) Initiate and conclude legal proceedings or actions
984+in the name of the commission; provided that the standing of
985+any state licensing authority to sue or be sued under
986+applicable law shall not be affected.
987+(7) Maintain and certify records and information
988+provided to a member state as the authenticated business
989+records of the commission, and designate an agent to do so on
990+the commission's behalf.
991+(8) Purchase and maintain insurance and bonds.
992+(9) Borrow, accept, or contract for services of
993+personnel including, but not limited to, employees of a member
994+state.
995+(10) Conduct an annual financial review.
996+(11) Hire employees, elect or appoint officers, fix
997+compensation, define duties, grant individuals appropriate
998+authority to carry out the purposes of the compact, and
999+establish the commission's personnel policies and programs
1000+relating to conflicts of interest, qualifications of
1001+personnel, and other related personnel matters.
1002+(12) As set forth in the commission rules, charge a fee
1003+to a licensee for the grant of a multistate license and
10091004 477
10101005 478
10111006 479
10121007 480
10131008 481
10141009 482
10151010 483
10161011 484
10171012 485
10181013 486
10191014 487
10201015 488
10211016 489
10221017 490
10231018 491
10241019 492
10251020 493
10261021 494
10271022 495
10281023 496
10291024 497
10301025 498
10311026 499
10321027 500
10331028 501
10341029 502
10351030 503
1036-504 HB246 EnrolledHB246 Enrolled
1031+504 HB246 INTRODUCEDHB246 INTRODUCED
10371032 Page 19
1038-states an annual report.
1039-(24) Determine whether a state's adopted language is
1040-materially different from the model compact language such that
1041-the state would not qualify for participation in the compact.
1042-(25) Perform other functions as may be necessary or
1043-appropriate to achieve the purposes of this compact.
1044-(d) The executive committee.
1045-(1) The executive committee shall have the power to act
1046-on behalf of the commission according to the terms of this
1047-compact. The powers, duties, and responsibilities of the
1048-executive committee shall include all of the following:
1049-a. Overseeing the day-to-day activities of the
1050-administration of the compact including compliance with the
1051-compact, the commission's rules and bylaws, and other duties
1052-as deemed necessary.
1053-b. Recommending to the commission changes to the rules
1054-or bylaws, changes to this compact legislation, fees charged
1055-to compact member states, fees charged to licensees, and other
1056-fees.
1057-c. Ensuring compact administration services are
1058-appropriately provided, including by contract.
1059-d. Preparing and recommending the budget.
1060-e. Maintaining financial records on behalf of the
1061-commission.
1062-f. Monitoring compact compliance of member states and
1063-providing compliance reports to the commission.
1064-g. Establishing additional committees as necessary.
1065-h. Exercising the powers and duties of the commission
1033+thereafter, as may be established by commission rule, charge
1034+the licensee a multistate license renewal fee for each renewal
1035+period. Nothing herein shall be construed to prevent a home
1036+state from charging a licensee a fee for a multistate license
1037+or renewals of a multistate license, or a fee for the
1038+jurisprudence requirement if the member state imposes a
1039+requirement for the grant of a multistate license.
1040+(13) Assess and collect fees.
1041+(14) Accept any and all appropriate gifts, donations,
1042+grants of money, other sources of revenue, equipment,
1043+supplies, materials, and services, and receive, utilize, and
1044+dispose of the same; provided that the commission shall avoid
1045+any appearance of impropriety or conflict of interest.
1046+(15) Lease, purchase, retain, own, hold, improve, or
1047+use any property, real, personal, or mixed, or any undivided
1048+interest therein.
1049+(16) Sell, convey, mortgage, pledge, lease, exchange,
1050+abandon, or otherwise dispose of any property real, personal,
1051+or mixed.
1052+(17) Establish a budget and make expenditures.
1053+(18) Borrow money.
1054+(19) Appoint committees, including standing committees,
1055+composed of members, state regulators, state legislators or
1056+their representatives, and consumer representatives, and other
1057+interested individuals as may be designated in this compact
1058+and the bylaws.
1059+(20) Provide and receive information from, and
1060+cooperate with, law enforcement agencies.
10661061 505
10671062 506
10681063 507
10691064 508
10701065 509
10711066 510
10721067 511
10731068 512
10741069 513
10751070 514
10761071 515
10771072 516
10781073 517
10791074 518
10801075 519
10811076 520
10821077 521
10831078 522
10841079 523
10851080 524
10861081 525
10871082 526
10881083 527
10891084 528
10901085 529
10911086 530
10921087 531
1093-532 HB246 EnrolledHB246 Enrolled
1088+532 HB246 INTRODUCEDHB246 INTRODUCED
10941089 Page 20
1095-during the interim between commission meetings, except for
1096-adopting or amending rules, adopting or amending bylaws, and
1097-exercising any other powers and duties expressly reserved to
1098-the commission by rule or bylaw.
1099-i. Other duties as provided in the rules or bylaws of
1100-the commission.
1101-(2) The executive committee shall be composed of up to
1102-seven voting members:
1103-a. The chair and vice chair of the commission and any
1104-other members of the commission who serve on the executive
1105-committee shall be voting members of the executive committee.
1106-b. Other than the chair, vice chair, secretary, and
1107-treasurer, the commission shall elect three voting members
1108-from the current membership of the commission.
1109-c. The commission may elect ex officio, nonvoting
1110-members from a recognized national cosmetology professional
1111-association as approved by the commission. The commission's
1112-bylaws shall identify qualifying organizations and the manner
1113-of appointment if the number of organizations seeking to
1114-appoint an ex officio member exceeds the number of members
1115-specified in this section.
1116-(3) The commission may remove any member of the
1117-executive committee as provided in the commission's bylaws.
1118-(4) The executive committee shall meet at least
1119-annually.
1120-a. Annual executive committee meetings, as well as any
1121-executive committee meeting at which the executive committee
1122-does not take or intend to take formal action on a matter for
1090+(21) Elect a chair, vice chair, secretary, treasurer,
1091+and other officers of the commission as provided in the
1092+commission's bylaws.
1093+(22) Establish and elect an executive committee,
1094+including a chair and a vice chair.
1095+(23) Adopt and provide to the participating states an
1096+annual report.
1097+(24) Determine whether a state's adopted language is
1098+materially different from the model compact language such that
1099+the state would not qualify for participation in the compact.
1100+(25) Perform other functions as may be necessary or
1101+appropriate to achieve the purposes of this compact.
1102+(d) The executive committee.
1103+(1) The executive committee shall have the power to act
1104+on behalf of the commission according to the terms of this
1105+compact. The powers, duties, and responsibilities of the
1106+executive committee shall include all of the following:
1107+a. Overseeing the day-to-day activities of the
1108+administration of the compact including compliance with the
1109+compact, the commission's rules and bylaws, and other duties
1110+as deemed necessary.
1111+b. Recommending to the commission changes to the rules
1112+or bylaws, changes to this compact legislation, fees charged
1113+to compact member states, fees charged to licensees, and other
1114+fees.
1115+c. Ensuring compact administration services are
1116+appropriately provided, including by contract.
1117+d. Preparing and recommending the budget.
11231118 533
11241119 534
11251120 535
11261121 536
11271122 537
11281123 538
11291124 539
11301125 540
11311126 541
11321127 542
11331128 543
11341129 544
11351130 545
11361131 546
11371132 547
11381133 548
11391134 549
11401135 550
11411136 551
11421137 552
11431138 553
11441139 554
11451140 555
11461141 556
11471142 557
11481143 558
11491144 559
1150-560 HB246 EnrolledHB246 Enrolled
1145+560 HB246 INTRODUCEDHB246 INTRODUCED
11511146 Page 21
1152-which a commission vote would otherwise be required, shall be
1153-open to the public, except that the executive committee may
1154-meet in a closed, non-public session of a public meeting when
1155-dealing with any of the matters covered under subdivision (4)
1156-of subsection (f).
1157-b. The executive committee shall give five business
1158-days' advance notice of its public meetings, posted on its
1159-website and as determined to provide notice to individuals
1160-with an interest in the public matters the executive committee
1161-intends to address at those meetings.
1162-(5) The executive committee may hold an emergency
1163-meeting when acting for the commission to do any of the
1164-following:
1165-a. Meet an imminent threat to public health, safety, or
1166-welfare.
1167-b. Prevent a loss of commission or participating member
1168-state funds.
1169-c. Protect public health and safety.
1170-(e) The commission shall adopt and provide to the
1171-member states an annual report.
1172-(f) Meetings of the commission.
1173-(1) All meetings of the commission that are not closed
1174-pursuant to subdivision (4) shall be open to the public.
1175-Notice of public meetings shall be posted on the commission's
1176-website at least 30 days prior to the public meeting.
1177-(2) Notwithstanding subdivision (1), the commission may
1178-convene an emergency public meeting by providing at least 24
1179-hours' prior notice on the commission's website, and any other
1147+e. Maintaining financial records on behalf of the
1148+commission.
1149+f. Monitoring compact compliance of member states and
1150+providing compliance reports to the commission.
1151+g. Establishing additional committees as necessary.
1152+h. Exercising the powers and duties of the commission
1153+during the interim between commission meetings, except for
1154+adopting or amending rules, adopting or amending bylaws, and
1155+exercising any other powers and duties expressly reserved to
1156+the commission by rule or bylaw.
1157+i. Other duties as provided in the rules or bylaws of
1158+the commission.
1159+(2) The executive committee shall be composed of up to
1160+seven voting members:
1161+a. The chair and vice chair of the commission and any
1162+other members of the commission who serve on the executive
1163+committee shall be voting members of the executive committee.
1164+b. Other than the chair, vice chair, secretary, and
1165+treasurer, the commission shall elect three voting members
1166+from the current membership of the commission.
1167+c. The commission may elect ex officio, nonvoting
1168+members from a recognized national cosmetology professional
1169+association as approved by the commission. The commission's
1170+bylaws shall identify qualifying organizations and the manner
1171+of appointment if the number of organizations seeking to
1172+appoint an ex officio member exceeds the number of members
1173+specified in this section.
1174+(3) The commission may remove any member of the
11801175 561
11811176 562
11821177 563
11831178 564
11841179 565
11851180 566
11861181 567
11871182 568
11881183 569
11891184 570
11901185 571
11911186 572
11921187 573
11931188 574
11941189 575
11951190 576
11961191 577
11971192 578
11981193 579
11991194 580
12001195 581
12011196 582
12021197 583
12031198 584
12041199 585
12051200 586
12061201 587
1207-588 HB246 EnrolledHB246 Enrolled
1202+588 HB246 INTRODUCEDHB246 INTRODUCED
12081203 Page 22
1209-means as provided in the commission's rules, for any of the
1210-reasons it may dispense with notice of proposed rulemaking
1211-under subsection (l) of Section 11. The commission's legal
1212-counsel shall certify that one of the reasons justifying an
1213-emergency public meeting has been met.
1214-(3) Notice of all commission meetings shall provide the
1215-time, date, and location of the meeting, and if the meeting is
1216-to be held or accessible via telecommunication, video
1217-conference, or other electronic means, the notice shall
1218-include the mechanism for access to the meeting.
1219-(4) The commission may convene in a closed, non-public
1220-meeting for the commission to discuss any of the following:
1221-a. Non-compliance of a member state with its
1222-obligations under the compact.
1223-b. The employment, compensation, discipline, or other
1224-matters, practices, or procedures related to specific
1225-employees or other matters related to the commission's
1226-internal personnel practices and procedures.
1227-c. Current or threatened discipline of a licensee by
1228-the commission or by a member state's licensing authority.
1229-d. Current, threatened, or reasonably anticipated
1230-litigation.
1231-e. Negotiation of contracts for the purchase, lease, or
1232-sale of goods, services, or real estate.
1233-f. Accusing any individual of a crime or formally
1234-censuring any individual.
1235-g. Trade secrets or commercial or financial information
1236-that is privileged or confidential.
1204+executive committee as provided in the commission's bylaws.
1205+(4) The executive committee shall meet at least
1206+annually.
1207+a. Annual executive committee meetings, as well as any
1208+executive committee meeting at which the executive committee
1209+does not take or intend to take formal action on a matter for
1210+which a commission vote would otherwise be required, shall be
1211+open to the public, except that the executive committee may
1212+meet in a closed, non-public session of a public meeting when
1213+dealing with any of the matters covered under subdivision (4)
1214+of subsection (f).
1215+b. The executive committee shall give five business
1216+days' advance notice of its public meetings, posted on its
1217+website and as determined to provide notice to individuals
1218+with an interest in the public matters the executive committee
1219+intends to address at those meetings.
1220+(5) The executive committee may hold an emergency
1221+meeting when acting for the commission to do any of the
1222+following:
1223+a. Meet an imminent threat to public health, safety, or
1224+welfare.
1225+b. Prevent a loss of commission or participating state
1226+funds.
1227+c. Protect public health and safety.
1228+(e) The commission shall adopt and provide to the
1229+member states an annual report.
1230+(f) Meetings of the commission.
1231+(1) All meetings of the commission that are not closed
12371232 589
12381233 590
12391234 591
12401235 592
12411236 593
12421237 594
12431238 595
12441239 596
12451240 597
12461241 598
12471242 599
12481243 600
12491244 601
12501245 602
12511246 603
12521247 604
12531248 605
12541249 606
12551250 607
12561251 608
12571252 609
12581253 610
12591254 611
12601255 612
12611256 613
12621257 614
12631258 615
1264-616 HB246 EnrolledHB246 Enrolled
1259+616 HB246 INTRODUCEDHB246 INTRODUCED
12651260 Page 23
1266-h. Information of a personal nature where disclosure
1267-would constitute a clearly unwarranted invasion of personal
1268-privacy.
1269-i. Investigative records compiled for law enforcement
1270-purposes.
1271-j. Information related to any investigative reports
1272-prepared by or on behalf of or for use of the commission or
1273-other committee charged with responsibility of investigation
1274-or determination of compliance issues pursuant to the compact.
1275-k. Legal advice.
1276-l. Matters specifically exempted from disclosure to the
1277-public by federal or member state law.
1278-m. Other matters as adopted by the commission by rule.
1279-(5) If a meeting, or portion of a meeting, is closed,
1280-the presiding officer shall state that the meeting will be
1281-closed and reference each relevant exempting provision, and
1282-the reference shall be recorded in the minutes.
1283-(6) The commission shall keep minutes that fully and
1284-clearly describe all matters discussed in a meeting and shall
1285-provide a full and accurate summary of actions taken, and the
1286-reasons therefore, including a description of the views
1287-expressed. All documents considered in connection with an
1288-action shall be identified in the minutes. All minutes and
1289-documents of a closed meeting shall remain under seal, subject
1290-to release only by a majority vote of the commission or order
1291-of a court of competent jurisdiction.
1292-(g) Financing of the commission.
1293-(1) The commission shall pay, or provide for the
1261+pursuant to subdivision (4) shall be open to the public.
1262+Notice of public meetings shall be posted on the commission's
1263+website at least 30 days prior to the public meeting.
1264+(2) Notwithstanding subdivision (1), the commission may
1265+convene an emergency public meeting by providing at least 24
1266+hours' prior notice on the commission's website, and any other
1267+means as provided in the commission's rules, for any of the
1268+reasons it may dispense with notice of proposed rulemaking
1269+under subsection (l) of Section 11. The commission's legal
1270+counsel shall certify that one of the reasons justifying an
1271+emergency public meeting has been met.
1272+(3) Notice of all commission meetings shall provide the
1273+time, date, and location of the meeting, and if the meeting is
1274+to be held or accessible via telecommunication, video
1275+conference, or other electronic means, the notice shall
1276+include the mechanism for access to the meeting.
1277+(4) The commission may convene in a closed, non-public
1278+meeting for the commission to discuss any of the following:
1279+a. Non-compliance of a member state with its
1280+obligations under the compact.
1281+b. The employment, compensation, discipline, or other
1282+matters, practices, or procedures related to specific
1283+employees or other matters related to the commission's
1284+internal personnel practices and procedures.
1285+c. Current or threatened discipline of a licensee by
1286+the commission or by a member state's licensing authority.
1287+d. Current, threatened, or reasonably anticipated
1288+litigation.
12941289 617
12951290 618
12961291 619
12971292 620
12981293 621
12991294 622
13001295 623
13011296 624
13021297 625
13031298 626
13041299 627
13051300 628
13061301 629
13071302 630
13081303 631
13091304 632
13101305 633
13111306 634
13121307 635
13131308 636
13141309 637
13151310 638
13161311 639
13171312 640
13181313 641
13191314 642
13201315 643
1321-644 HB246 EnrolledHB246 Enrolled
1316+644 HB246 INTRODUCEDHB246 INTRODUCED
13221317 Page 24
1323-payment of, the reasonable expenses of its establishment,
1324-organization, and ongoing activities.
1325-(2) The commission may accept any and all appropriate
1326-sources of revenue, donations, and grants of money, equipment,
1327-supplies, materials, and services.
1328-(3) The commission may levy on and collect an annual
1329-assessment from each member state and impose fees on licensees
1330-of member states to whom it grants a multistate license to
1331-cover the cost of the operations and activities of the
1332-commission and its staff, which shall be in a total amount
1333-sufficient to cover its annual budget as approved each year
1334-for which revenue is not provided by other sources. The
1335-aggregate annual assessment amount for member states shall be
1336-allocated based upon a formula that the commission shall adopt
1337-by rule.
1338-(4) The commission shall not incur obligations of any
1339-kind prior to securing the funds adequate to meet the same;
1340-nor shall the commission pledge the credit of any member
1341-states, except by and with the authority of the member state.
1342-(5) The commission shall keep accurate accounts of all
1343-receipts and disbursements. The receipts and disbursements of
1344-the commission shall be subject to the financial review and
1345-accounting procedures established under its bylaws. All
1346-receipts and disbursements of funds handled by the commission
1347-shall be subject to an annual financial review by a certified
1348-or licensed public accountant, and the report of the financial
1349-review shall be included in and become part of the annual
1350-report of the commission.
1318+e. Negotiation of contracts for the purchase, lease, or
1319+sale of goods, services, or real estate.
1320+f. Accusing any individual of a crime or formally
1321+censuring any individual.
1322+g. Trade secrets or commercial or financial information
1323+that is privileged or confidential.
1324+h. Information of a personal nature where disclosure
1325+would constitute a clearly unwarranted invasion of personal
1326+privacy.
1327+i. Investigative records compiled for law enforcement
1328+purposes.
1329+j. Information related to any investigative reports
1330+prepared by or on behalf of or for use of the commission or
1331+other committee charged with responsibility of investigation
1332+or determination of compliance issues pursuant to the compact.
1333+k. Legal advice.
1334+l. Matters specifically exempted from disclosure to the
1335+public by federal or member state law.
1336+m. Other matters as adopted by the commission by rule.
1337+(5) If a meeting, or portion of a meeting, is closed,
1338+the presiding officer shall state that the meeting will be
1339+closed and reference each relevant exempting provision, and
1340+the reference shall be recorded in the minutes.
1341+(6) The commission shall keep minutes that fully and
1342+clearly describe all matters discussed in a meeting and shall
1343+provide a full and accurate summary of actions taken, and the
1344+reasons therefore, including a description of the views
1345+expressed. All documents considered in connection with an
13511346 645
13521347 646
13531348 647
13541349 648
13551350 649
13561351 650
13571352 651
13581353 652
13591354 653
13601355 654
13611356 655
13621357 656
13631358 657
13641359 658
13651360 659
13661361 660
13671362 661
13681363 662
13691364 663
13701365 664
13711366 665
13721367 666
13731368 667
13741369 668
13751370 669
13761371 670
13771372 671
1378-672 HB246 EnrolledHB246 Enrolled
1373+672 HB246 INTRODUCEDHB246 INTRODUCED
13791374 Page 25
1380-(h) Qualified immunity, defense, and indemnification.
1381-(1) The members, officers, executive director,
1382-employees, and representatives of the commission shall be
1383-immune from suit and liability, both personally and in their
1384-official capacity, for any claim for damage to or loss of
1385-property or personal injury or other civil liability caused by
1386-or arising out of any actual or alleged act, error, or
1387-omission that occurred, or that the individual against whom
1388-the claim is made had a reasonable basis for believing
1389-occurred within the scope of commission employment, duties, or
1390-responsibilities; provided that nothing in this subdivision
1391-shall be construed to protect any individual from suit or
1392-liability for any damage, loss, injury, or liability caused by
1393-the intentional or willful or wanton misconduct of that
1394-individual. The procurement of insurance of any type by the
1395-commission shall not in any way compromise or limit the
1396-immunity granted hereunder.
1397-(2) The commission shall defend any member, officer,
1398-executive director, employee, and representative of the
1399-commission in any civil action seeking to impose liability
1400-arising out of any actual or alleged act, error, or omission
1401-that occurred within the scope of commission employment,
1402-duties, or responsibilities, or as determined by the
1403-commission that the individual against whom the claim is made
1404-had a reasonable basis for believing occurred within the scope
1405-of commission employment, duties, or responsibilities;
1406-provided that nothing herein shall be construed to prohibit
1407-that individual from retaining his or her own counsel at his
1375+action shall be identified in the minutes. All minutes and
1376+documents of a closed meeting shall remain under seal, subject
1377+to release only by a majority vote of the commission or order
1378+of a court of competent jurisdiction.
1379+(g) Financing of the commission.
1380+(1) The commission shall pay, or provide for the
1381+payment of, the reasonable expenses of its establishment,
1382+organization, and ongoing activities.
1383+(2) The commission may accept any and all appropriate
1384+sources of revenue, donations, and grants of money, equipment,
1385+supplies, materials, and services.
1386+(3) The commission may levy on and collect an annual
1387+assessment from each member state and impose fees on licensees
1388+of member states to whom it grants a multistate license to
1389+cover the cost of the operations and activities of the
1390+commission and its staff, which shall be in a total amount
1391+sufficient to cover its annual budget as approved each year
1392+for which revenue is not provided by other sources. The
1393+aggregate annual assessment amount for member states shall be
1394+allocated based upon a formula that the commission shall adopt
1395+by rule.
1396+(4) The commission shall not incur obligations of any
1397+kind prior to securing the funds adequate to meet the same;
1398+nor shall the commission pledge the credit of any member
1399+states, except by and with the authority of the member state.
1400+(5) The commission shall keep accurate accounts of all
1401+receipts and disbursements. The receipts and disbursements of
1402+the commission shall be subject to the financial review and
14081403 673
14091404 674
14101405 675
14111406 676
14121407 677
14131408 678
14141409 679
14151410 680
14161411 681
14171412 682
14181413 683
14191414 684
14201415 685
14211416 686
14221417 687
14231418 688
14241419 689
14251420 690
14261421 691
14271422 692
14281423 693
14291424 694
14301425 695
14311426 696
14321427 697
14331428 698
14341429 699
1435-700 HB246 EnrolledHB246 Enrolled
1430+700 HB246 INTRODUCEDHB246 INTRODUCED
14361431 Page 26
1437-or her own expense; and provided further, that the actual or
1438-alleged act, error, or omission did not result from that
1439-individual's intentional or willful or wanton misconduct.
1440-(3) The commission shall indemnify and hold harmless
1441-any member, officer, executive director, employee, and
1442-representative of the commission for the amount of any
1443-settlement or judgment obtained against that individual
1432+accounting procedures established under its bylaws. All
1433+receipts and disbursements of funds handled by the commission
1434+shall be subject to an annual financial review by a certified
1435+or licensed public accountant, and the report of the financial
1436+review shall be included in and become part of the annual
1437+report of the commission.
1438+(h) Qualified immunity, defense, and indemnification.
1439+(1) The members, officers, executive director,
1440+employees, and representatives of the commission shall be
1441+immune from suit and liability, both personally and in their
1442+official capacity, for any claim for damage to or loss of
1443+property or personal injury or other civil liability caused by
1444+or arising out of any actual or alleged act, error, or
1445+omission that occurred, or that the individual against whom
1446+the claim is made had a reasonable basis for believing
1447+occurred within the scope of commission employment, duties, or
1448+responsibilities; provided that nothing in this subdivision
1449+shall be construed to protect any individual from suit or
1450+liability for any damage, loss, injury, or liability caused by
1451+the intentional or willful or wanton misconduct of that
1452+individual. The procurement of insurance of any type by the
1453+commission shall not in any way compromise or limit the
1454+immunity granted hereunder.
1455+(2) The commission shall defend any member, officer,
1456+executive director, employee, and representative of the
1457+commission in any civil action seeking to impose liability
14441458 arising out of any actual or alleged act, error, or omission
14451459 that occurred within the scope of commission employment,
1446-duties, or responsibilities, or that the individual had a
1447-reasonable basis for believing occurred within the scope of
1448-commission employment, duties, or responsibilities, provided
1449-that the actual or alleged act, error, or omission did not
1450-result from the intentional or willful or wanton misconduct of
1451-that individual.
1452-(4) Nothing herein shall be construed as a limitation
1453-on the liability of any licensee for professional malpractice
1454-or misconduct, which shall be governed solely by any other
1455-applicable state laws.
1456-(5) Nothing in this compact shall be interpreted to
1457-waive or otherwise abrogate a member state's state action
1458-immunity or state action affirmative defense with respect to
1459-antitrust claims under the Sherman Act, Clayton Act, or any
1460-other state or federal antitrust or anticompetitive law or
1461-regulation.
1462-(6) Nothing in this compact shall be construed to be a
1463-waiver of sovereign immunity by the member states or by the
1464-commission.
14651460 701
14661461 702
14671462 703
14681463 704
14691464 705
14701465 706
14711466 707
14721467 708
14731468 709
14741469 710
14751470 711
14761471 712
14771472 713
14781473 714
14791474 715
14801475 716
14811476 717
14821477 718
14831478 719
14841479 720
14851480 721
14861481 722
14871482 723
14881483 724
14891484 725
14901485 726
14911486 727
1492-728 HB246 EnrolledHB246 Enrolled
1487+728 HB246 INTRODUCEDHB246 INTRODUCED
14931488 Page 27
1494-Section 10. Data system.
1495-(a) The commission shall provide for the development,
1496-maintenance, operation, and utilization of a coordinated
1497-database and reporting system.
1498-(b) The commission shall assign each applicant for a
1499-multistate license a unique identifier, as determined by the
1500-rules of the commission.
1501-(c) Notwithstanding any other provision of state law to
1502-the contrary, a member state shall submit a uniform data set
1503-to the data system on all individuals to whom this compact is
1504-applicable as required by the rules of the commission,
1505-including:
1506-(1) Identifying information.
1507-(2) Licensure data.
1508-(3) Adverse actions against a license and information
1509-related thereto.
1510-(4) Non-confidential information related to alternative
1511-program participation, the beginning and ending dates of
1512-participation, and other information related to participation.
1513-(5) Any denial of application for licensure, and the
1514-reasons for the denial, excluding the reporting of any
1515-criminal history record information where prohibited by law.
1516-(6) The existence of investigative information.
1517-(7) The existence of current significant investigative
1518-information.
1519-(8) Other information that may facilitate the
1520-administration of this compact or the protection of the
1521-public, as determined by the rules of the commission.
1489+duties, or responsibilities, or as determined by the
1490+commission that the individual against whom the claim is made
1491+had a reasonable basis for believing occurred within the scope
1492+of commission employment, duties, or responsibilities;
1493+provided that nothing herein shall be construed to prohibit
1494+that individual from retaining his or her own counsel at his
1495+or her own expense; and provided further, that the actual or
1496+alleged act, error, or omission did not result from that
1497+individual's intentional or willful or wanton misconduct.
1498+(3) The commission shall indemnify and hold harmless
1499+any member, officer, executive director, employee, and
1500+representative of the commission for the amount of any
1501+settlement or judgment obtained against that individual
1502+arising out of any actual or alleged act, error, or omission
1503+that occurred within the scope of commission employment,
1504+duties, or responsibilities, or that the individual had a
1505+reasonable basis for believing occurred within the scope of
1506+commission employment, duties, or responsibilities, provided
1507+that the actual or alleged act, error, or omission did not
1508+result from the intentional or willful or wanton misconduct of
1509+that individual.
1510+(4) Nothing herein shall be construed as a limitation
1511+on the liability of any licensee for professional malpractice
1512+or misconduct, which shall be governed solely by any other
1513+applicable state laws.
1514+(5) Nothing in this compact shall be interpreted to
1515+waive or otherwise abrogate a member state's state action
1516+immunity or state action affirmative defense with respect to
15221517 729
15231518 730
15241519 731
15251520 732
15261521 733
15271522 734
15281523 735
15291524 736
15301525 737
15311526 738
15321527 739
15331528 740
15341529 741
15351530 742
15361531 743
15371532 744
15381533 745
15391534 746
15401535 747
15411536 748
15421537 749
15431538 750
15441539 751
15451540 752
15461541 753
15471542 754
15481543 755
1549-756 HB246 EnrolledHB246 Enrolled
1544+756 HB246 INTRODUCEDHB246 INTRODUCED
15501545 Page 28
1551-(d) The records and information provided to a member
1552-state pursuant to this compact or through the data system,
1553-when certified by the commission or an agent thereof, shall
1554-constitute the authenticated business records of the
1555-commission, and shall be entitled to any associated hearsay
1556-exception in any relevant judicial, quasi-judicial, or
1557-administrative proceedings in a member state.
1558-(e) The existence of current significant investigative
1559-information and the existence of investigative information
1560-pertaining to a licensee in any member state shall only be
1561-available to other member states.
1562-(f) It is the responsibility of the member states to
1563-monitor the database to determine whether adverse action has
1564-been taken against a licensee or license applicant. Adverse
1565-action information pertaining to a licensee or license
1566-applicant in any member state shall be available to any other
1567-member state.
1568-(g) Member states contributing information to the data
1569-system may designate information that may not be shared with
1570-the public without the express permission of the contributing
1571-state.
1572-(h) Any information submitted to the data system that
1573-is subsequently expunged pursuant to federal law or the laws
1574-of the member state contributing the information shall be
1575-removed from the data system.
1576-Section 11. Rulemaking.
1577-(a) The commission shall adopt reasonable rules in
1578-order to effectively and efficiently implement and administer
1546+antitrust claims under the Sherman Act, Clayton Act, or any
1547+other state or federal antitrust or anticompetitive law or
1548+regulation.
1549+(6) Nothing in this compact shall be construed to be a
1550+waiver of sovereign immunity by the member states or by the
1551+commission.
1552+Section 10. Data system.
1553+(a) The commission shall provide for the development,
1554+maintenance, operation, and utilization of a coordinated
1555+database and reporting system.
1556+(b) The commission shall assign each applicant for a
1557+multistate license a unique identifier, as determined by the
1558+rules of the commission.
1559+(c) Notwithstanding any other provision of state law to
1560+the contrary, a member state shall submit a uniform data set
1561+to the data system on all individuals to whom this compact is
1562+applicable as required by the rules of the commission,
1563+including:
1564+(1) Identifying information.
1565+(2) Licensure data.
1566+(3) Adverse actions against a license and information
1567+related thereto.
1568+(4) Non-confidential information related to alternative
1569+program participation, the beginning and ending dates of
1570+participation, and other information related to participation.
1571+(5) Any denial of application for licensure, and the
1572+reasons for the denial, excluding the reporting of any
1573+criminal history record information where prohibited by law.
15791574 757
15801575 758
15811576 759
15821577 760
15831578 761
15841579 762
15851580 763
15861581 764
15871582 765
15881583 766
15891584 767
15901585 768
15911586 769
15921587 770
15931588 771
15941589 772
15951590 773
15961591 774
15971592 775
15981593 776
15991594 777
16001595 778
16011596 779
16021597 780
16031598 781
16041599 782
16051600 783
1606-784 HB246 EnrolledHB246 Enrolled
1601+784 HB246 INTRODUCEDHB246 INTRODUCED
16071602 Page 29
1608-the purposes and provisions of this compact. A rule shall be
1609-invalid and have no force or effect only if a court of
1610-competent jurisdiction holds that the rule is invalid because
1611-the commission exercised its rulemaking authority in a manner
1612-that is beyond the scope and purposes of the compact, or the
1613-powers granted hereunder, or based upon another applicable
1614-standard of review.
1615-(b) The rules of the commission shall have the force of
1616-law in each member state. Where the rules of the commission
1617-conflict with the laws of the member state that establish the
1618-member state's scope of practice laws governing the practice
1619-of cosmetology as held by a court of competent jurisdiction,
1620-the rules of the commission shall be ineffective in that state
1621-to the extent of the conflict.
1622-(c) The commission shall exercise its rulemaking powers
1623-pursuant to the criteria set forth in this section and the
1624-rules adopted thereunder. Rules shall become binding as of the
1625-date specified by the commission for each rule.
1626-(d) If a majority of the legislatures of the member
1627-states rejects a rule or portion of a rule, by enactment of a
1628-statute or resolution in the same manner used to adopt the
1629-compact within four years of the date of adoption of the rule,
1630-then the rule shall have no further force and effect in any
1631-member state or to any state applying to participate in the
1632-compact.
1633-(e) Rules shall be adopted at a regular or special
1634-meeting of the commission.
1635-(f) Prior to adoption of a proposed rule, the
1603+(6) The existence of investigative information.
1604+(7) The existence of current significant investigative
1605+information.
1606+(8) Other information that may facilitate the
1607+administration of this compact or the protection of the
1608+public, as determined by the rules of the commission.
1609+(d) The records and information provided to a member
1610+state pursuant to this compact or through the data system,
1611+when certified by the commission or an agent thereof, shall
1612+constitute the authenticated business records of the
1613+commission, and shall be entitled to any associated hearsay
1614+exception in any relevant judicial, quasi-judicial, or
1615+administrative proceedings in a member state.
1616+(e) The existence of current significant investigative
1617+information and the existence of investigative information
1618+pertaining to a licensee in any member state shall only be
1619+available to other member states.
1620+(f) It is the responsibility of the member states to
1621+monitor the database to determine whether adverse action has
1622+been taken against a licensee or license applicant. Adverse
1623+action information pertaining to a licensee or license
1624+applicant in any member state shall be available to any other
1625+member state.
1626+(g) Member states contributing information to the data
1627+system may designate information that may not be shared with
1628+the public without the express permission of the contributing
1629+state.
1630+(h) Any information submitted to the data system that
16361631 785
16371632 786
16381633 787
16391634 788
16401635 789
16411636 790
16421637 791
16431638 792
16441639 793
16451640 794
16461641 795
16471642 796
16481643 797
16491644 798
16501645 799
16511646 800
16521647 801
16531648 802
16541649 803
16551650 804
16561651 805
16571652 806
16581653 807
16591654 808
16601655 809
16611656 810
16621657 811
1663-812 HB246 EnrolledHB246 Enrolled
1658+812 HB246 INTRODUCEDHB246 INTRODUCED
16641659 Page 30
1665-commission shall hold a public hearing and allow individuals
1666-to provide oral and written comments, data, facts, opinions,
1667-and arguments.
1668-(g) Prior to adoption of a proposed rule by the
1669-commission, and at least 30 days in advance of the meeting at
1670-which the commission shall hold a public hearing on the
1671-proposed rule, the commission shall provide a notice of
1672-proposed rulemaking to all of the following:
1673-(1) On the website of the commission or other publicly
1674-accessible platform.
1675-(2) To individuals who have requested notice of the
1676-commission's notices of proposed rulemaking.
1677-(3) In other ways as the commission may by rule
1678-specify.
1679-(h) The notice of proposed rulemaking shall include all
1680-of the following:
1681-(1) The time, date, and location of the public hearing
1682-at which the commission will hear public comments on the
1683-proposed rule and, if different, the time, date, and location
1684-of the meeting where the commission will consider and vote on
1685-the proposed rule.
1686-(2) If the hearing is held via telecommunication, video
1687-conference, or other electronic means, the commission shall
1688-include the mechanism for access to the hearing in the notice
1689-of proposed rulemaking.
1690-(3) The text of the proposed rule and the reason
1691-therefor.
1692-(4) A request for comments on the proposed rule from
1660+is subsequently expunged pursuant to federal law or the laws
1661+of the member state contributing the information shall be
1662+removed from the data system.
1663+Section 11. Rulemaking.
1664+(a) The commission shall adopt reasonable rules in
1665+order to effectively and efficiently implement and administer
1666+the purposes and provisions of this compact. A rule shall be
1667+invalid and have no force or effect only if a court of
1668+competent jurisdiction holds that the rule is invalid because
1669+the commission exercised its rulemaking authority in a manner
1670+that is beyond the scope and purposes of the compact, or the
1671+powers granted hereunder, or based upon another applicable
1672+standard of review.
1673+(b) The rules of the commission shall have the force of
1674+law in each member state. Where the rules of the commission
1675+conflict with the laws of the member state that establish the
1676+member state's scope of practice laws governing the practice
1677+of cosmetology as held by a court of competent jurisdiction,
1678+the rules of the commission shall be ineffective in that state
1679+to the extent of the conflict.
1680+(c) The commission shall exercise its rulemaking powers
1681+pursuant to the criteria set forth in this section and the
1682+rules adopted thereunder. Rules shall become binding as of the
1683+date specified by the commission for each rule.
1684+(d) If a majority of the legislatures of the member
1685+states rejects a rule or portion of a rule, by enactment of a
1686+statute or resolution in the same manner used to adopt the
1687+compact within four years of the date of adoption of the rule,
16931688 813
16941689 814
16951690 815
16961691 816
16971692 817
16981693 818
16991694 819
17001695 820
17011696 821
17021697 822
17031698 823
17041699 824
17051700 825
17061701 826
17071702 827
17081703 828
17091704 829
17101705 830
17111706 831
17121707 832
17131708 833
17141709 834
17151710 835
17161711 836
17171712 837
17181713 838
17191714 839
1720-840 HB246 EnrolledHB246 Enrolled
1715+840 HB246 INTRODUCEDHB246 INTRODUCED
17211716 Page 31
1722-any interested individual.
1723-(5) The manner in which interested individuals may
1724-submit written comments.
1725-(i) All hearings shall be recorded. A copy of the
1726-recording and all written comments and documents received by
1727-the commission in response to the proposed rule shall be
1728-available to the public.
1729-(j) Nothing in this section shall be construed as
1730-requiring a separate hearing on each rule. Rules may be
1731-grouped for the convenience of the commission at hearings
1732-required by this section.
1733-(k) The commission, by majority vote of all members,
1734-shall take final action on the proposed rule based on the
1735-rulemaking record and the full text of the rule.
1736-(1) The commission may adopt changes to the proposed
1737-rule provided the changes do not enlarge the original purpose
1738-of the proposed rule.
1739-(2) The commission shall provide an explanation of the
1740-reasons for substantive changes made to the proposed rule as
1741-well as reasons for substantive changes not made that were
1742-recommended by commenters.
1743-(3) The commission shall determine a reasonable
1744-effective date for the rule. Except for an emergency as
1745-provided in subsection (l), the effective date of the rule
1746-shall be no sooner than 45 days after the commission issuing
1747-the notice that it adopted or amended the rule.
1748-(l) Upon determination that an emergency exists, the
1749-commission may consider and adopt an emergency rule with five
1717+then the rule shall have no further force and effect in any
1718+member state or to any state applying to participate in the
1719+compact.
1720+(e) Rules shall be adopted at a regular or special
1721+meeting of the commission.
1722+(f) Prior to adoption of a proposed rule, the
1723+commission shall hold a public hearing and allow individuals
1724+to provide oral and written comments, data, facts, opinions,
1725+and arguments.
1726+(g) Prior to adoption of a proposed rule by the
1727+commission, and at least 30 days in advance of the meeting at
1728+which the commission shall hold a public hearing on the
1729+proposed rule, the commission shall provide a notice of
1730+proposed rulemaking to all of the following:
1731+(1) On the website of the commission or other publicly
1732+accessible platform.
1733+(2) To individuals who have requested notice of the
1734+commission's notices of proposed rulemaking.
1735+(3) In other ways as the commission may by rule
1736+specify.
1737+(h) The notice of proposed rulemaking shall include all
1738+of the following:
1739+(1) The time, date, and location of the public hearing
1740+at which the commission will hear public comments on the
1741+proposed rule and, if different, the time, date, and location
1742+of the meeting where the commission will consider and vote on
1743+the proposed rule.
1744+(2) If the hearing is held via telecommunication, video
17501745 841
17511746 842
17521747 843
17531748 844
17541749 845
17551750 846
17561751 847
17571752 848
17581753 849
17591754 850
17601755 851
17611756 852
17621757 853
17631758 854
17641759 855
17651760 856
17661761 857
17671762 858
17681763 859
17691764 860
17701765 861
17711766 862
17721767 863
17731768 864
17741769 865
17751770 866
17761771 867
1777-868 HB246 EnrolledHB246 Enrolled
1772+868 HB246 INTRODUCEDHB246 INTRODUCED
17781773 Page 32
1779-days' notice, with opportunity to comment, provided that the
1780-usual rulemaking procedures provided in this compact and in
1781-this section shall be retroactively applied to the rule as
1782-soon as reasonably possible, in no event later than 90 days
1783-after the effective date of the rule. For the purposes of this
1784-subsection, an emergency rule is one that shall be adopted
1785-immediately to do any of the following:
1786-(1) Meet an imminent threat to public health, safety,
1787-or welfare.
1788-(2) Prevent a loss of commission or member state funds.
1789-(3) Meet a deadline for the adoption of a rule that is
1790-established by federal law or rule.
1791-(4) Protect public health and safety.
1792-(m) The commission or an authorized committee of the
1793-commission may direct revisions to a previously adopted rule
1794-for purposes of correcting typographical errors, errors in
1795-format, errors in consistency, or grammatical errors. Public
1796-notice of any revisions shall be posted on the website of the
1797-commission. The revision shall be subject to challenge by any
1798-individual for a period of 30 days after posting. The revision
1799-may be challenged only on grounds that the revision results in
1800-a material change to a rule. A challenge shall be made in
1801-writing and delivered to the commission prior to the end of
1802-the notice period. If no challenge is made, the revision shall
1803-take effect without further action. If the revision is
1804-challenged, the revision may not take effect without the
1805-approval of the commission.
1806-(n) No member state's rulemaking requirements shall
1774+conference, or other electronic means, the commission shall
1775+include the mechanism for access to the hearing in the notice
1776+of proposed rulemaking.
1777+(3) The text of the proposed rule and the reason
1778+therefor.
1779+(4) A request for comments on the proposed rule from
1780+any interested individual.
1781+(5) The manner in which interested individuals may
1782+submit written comments.
1783+(i) All hearings shall be recorded. A copy of the
1784+recording and all written comments and documents received by
1785+the commission in response to the proposed rule shall be
1786+available to the public.
1787+(j) Nothing in this section shall be construed as
1788+requiring a separate hearing on each rule. Rules may be
1789+grouped for the convenience of the commission at hearings
1790+required by this section.
1791+(k) The commission, by majority vote of all members,
1792+shall take final action on the proposed rule based on the
1793+rulemaking record and the full text of the rule.
1794+(1) The commission may adopt changes to the proposed
1795+rule provided the changes do not enlarge the original purpose
1796+of the proposed rule.
1797+(2) The commission shall provide an explanation of the
1798+reasons for substantive changes made to the proposed rule as
1799+well as reasons for substantive changes not made that were
1800+recommended by commenters.
1801+(3) The commission shall determine a reasonable
18071802 869
18081803 870
18091804 871
18101805 872
18111806 873
18121807 874
18131808 875
18141809 876
18151810 877
18161811 878
18171812 879
18181813 880
18191814 881
18201815 882
18211816 883
18221817 884
18231818 885
18241819 886
18251820 887
18261821 888
18271822 889
18281823 890
18291824 891
18301825 892
18311826 893
18321827 894
18331828 895
1834-896 HB246 EnrolledHB246 Enrolled
1829+896 HB246 INTRODUCEDHB246 INTRODUCED
18351830 Page 33
1836-apply under this compact.
1837-Section 12. Oversight, dispute resolution, and
1838-enforcement.
1839-(a) Oversight.
1840-(1) The executive and judicial branches of state
1841-government in each member state shall enforce this compact and
1842-take all actions necessary and appropriate to implement this
1843-compact.
1844-(2) Venue is proper and judicial proceedings by or
1845-against the commission shall be brought solely and exclusively
1846-in a court of competent jurisdiction where the principal
1847-office of the commission is located. The commission may waive
1848-venue and jurisdictional defenses to the extent it adopts or
1849-consents to participate in alternative dispute resolution
1850-proceedings. Nothing herein shall affect or limit the
1851-selection or propriety of venue in any action against a
1852-licensee for professional malpractice, misconduct or any
1853-similar matter.
1854-(3) The commission may receive service of process in
1855-any proceeding regarding the enforcement or interpretation of
1856-the compact and shall have standing to intervene in any
1857-proceeding for all purposes. Failure to provide the commission
1858-service of process shall render a judgment or order void as to
1859-the commission, this compact, or adopted rules.
1860-(b) Default, technical assistance, and termination.
1861-(1) If the commission determines that a member state
1862-has defaulted in the performance of its obligations or
1863-responsibilities under this compact or the adopted rules, the
1831+effective date for the rule. Except for an emergency as
1832+provided in subsection (l), the effective date of the rule
1833+shall be no sooner than 45 days after the commission issuing
1834+the notice that it adopted or amended the rule.
1835+(l) Upon determination that an emergency exists, the
1836+commission may consider and adopt an emergency rule with five
1837+days' notice, with opportunity to comment, provided that the
1838+usual rulemaking procedures provided in this compact and in
1839+this section shall be retroactively applied to the rule as
1840+soon as reasonably possible, in no event later than 90 days
1841+after the effective date of the rule. For the purposes of this
1842+subsection, an emergency rule is one that shall be adopted
1843+immediately to do any of the following:
1844+(1) Meet an imminent threat to public health, safety,
1845+or welfare.
1846+(2) Prevent a loss of commission or member state funds.
1847+(3) Meet a deadline for the adoption of a rule that is
1848+established by federal law or rule.
1849+(4) Protect public health and safety.
1850+(m) The commission or an authorized committee of the
1851+commission may direct revisions to a previously adopted rule
1852+for purposes of correcting typographical errors, errors in
1853+format, errors in consistency, or grammatical errors. Public
1854+notice of any revisions shall be posted on the website of the
1855+commission. The revision shall be subject to challenge by any
1856+individual for a period of 30 days after posting. The revision
1857+may be challenged only on grounds that the revision results in
1858+a material change to a rule. A challenge shall be made in
18641859 897
18651860 898
18661861 899
18671862 900
18681863 901
18691864 902
18701865 903
18711866 904
18721867 905
18731868 906
18741869 907
18751870 908
18761871 909
18771872 910
18781873 911
18791874 912
18801875 913
18811876 914
18821877 915
18831878 916
18841879 917
18851880 918
18861881 919
18871882 920
18881883 921
18891884 922
18901885 923
1891-924 HB246 EnrolledHB246 Enrolled
1886+924 HB246 INTRODUCEDHB246 INTRODUCED
18921887 Page 34
1893-commission shall provide written notice to the defaulting
1894-state. The notice of default shall describe the default, the
1895-proposed means of curing the default, and any other action
1896-that the commission may take, and shall offer training and
1897-specific technical assistance regarding the default.
1898-(2) The commission shall provide a copy of the notice
1899-of default to the other member states.
1900-(3) If a state in default fails to cure the default,
1901-the defaulting state may be terminated from the compact upon
1902-an affirmative vote of a majority of the delegates of the
1903-member states, and all rights, privileges and benefits
1904-conferred on that state by this compact may be terminated on
1905-the effective date of termination. A cure of the default does
1906-not relieve the offending state of obligations or liabilities
1907-incurred during the period of default.
1908-(4) Termination of membership in the compact shall be
1909-imposed only after all other means of securing compliance have
1910-been exhausted. Notice of intent to suspend or terminate shall
1911-be given by the commission to the governor, the majority and
1912-minority leaders of the defaulting state's legislature, the
1913-defaulting state's state licensing authority and each of the
1914-member states' state licensing authority.
1915-(5) A state that has been terminated is responsible for
1916-all assessments, obligations, and liabilities incurred through
1917-the effective date of termination, including obligations that
1918-extend beyond the effective date of termination.
1919-(6) Upon the termination of a state's membership from
1920-this compact, that state shall immediately provide notice to
1888+writing and delivered to the commission prior to the end of
1889+the notice period. If no challenge is made, the revision shall
1890+take effect without further action. If the revision is
1891+challenged, the revision may not take effect without the
1892+approval of the commission.
1893+(n) No member state's rulemaking requirements shall
1894+apply under this compact.
1895+Section 12. Oversight, dispute resolution, and
1896+enforcement.
1897+(a) Oversight.
1898+(1) The executive and judicial branches of state
1899+government in each member state shall enforce this compact and
1900+take all actions necessary and appropriate to implement this
1901+compact.
1902+(2) Venue is proper and judicial proceedings by or
1903+against the commission shall be brought solely and exclusively
1904+in a court of competent jurisdiction where the principal
1905+office of the commission is located. The commission may waive
1906+venue and jurisdictional defenses to the extent it adopts or
1907+consents to participate in alternative dispute resolution
1908+proceedings. Nothing herein shall affect or limit the
1909+selection or propriety of venue in any action against a
1910+licensee for professional malpractice, misconduct or any
1911+similar matter.
1912+(3) The commission may receive service of process in
1913+any proceeding regarding the enforcement or interpretation of
1914+the compact and shall have standing to intervene in any
1915+proceeding for all purposes. Failure to provide the commission
19211916 925
19221917 926
19231918 927
19241919 928
19251920 929
19261921 930
19271922 931
19281923 932
19291924 933
19301925 934
19311926 935
19321927 936
19331928 937
19341929 938
19351930 939
19361931 940
19371932 941
19381933 942
19391934 943
19401935 944
19411936 945
19421937 946
19431938 947
19441939 948
19451940 949
19461941 950
19471942 951
1948-952 HB246 EnrolledHB246 Enrolled
1943+952 HB246 INTRODUCEDHB246 INTRODUCED
19491944 Page 35
1950-all licensees who hold a multistate license within that state
1951-of the termination. The terminated state shall continue to
1952-recognize all licenses granted pursuant to this compact for a
1953-minimum of 180 days after the date of the notice of
1954-termination.
1955-(7) The commission shall not bear any costs related to
1956-a state that is found to be in default or that has been
1957-terminated from the compact, unless agreed upon in writing
1958-between the commission and the defaulting state.
1959-(8) The defaulting state may appeal the action of the
1960-commission by petitioning the United States District Court for
1961-the District of Columbia or the federal district where the
1962-commission has its principal offices. The prevailing party
1963-shall be awarded all costs of the litigation, including
1964-reasonable attorney's fees.
1965-(c) Dispute resolution.
1966-(1) Upon request by a member state, the commission
1967-shall attempt to resolve disputes related to the compact that
1968-arise among member states and between member and non-member
1969-states.
1970-(2) The commission shall adopt a rule providing for
1971-both mediation and binding dispute resolution for disputes as
1972-appropriate.
1973-(d) Enforcement.
1974-(1) The commission, in the reasonable exercise of its
1975-discretion, shall enforce this compact and the commission's
1976-rules.
1977-(2) By majority vote as provided by commission rule,
1945+service of process shall render a judgment or order void as to
1946+the commission, this compact, or adopted rules.
1947+(b) Default, technical assistance, and termination.
1948+(1) If the commission determines that a member state
1949+has defaulted in the performance of its obligations or
1950+responsibilities under this compact or the adopted rules, the
1951+commission shall provide written notice to the defaulting
1952+state. The notice of default shall describe the default, the
1953+proposed means of curing the default, and any other action
1954+that the commission may take, and shall offer training and
1955+specific technical assistance regarding the default.
1956+(2) The commission shall provide a copy of the notice
1957+of default to the other member states.
1958+(3) If a state in default fails to cure the default,
1959+the defaulting state may be terminated from the compact upon
1960+an affirmative vote of a majority of the delegates of the
1961+member states, and all rights, privileges and benefits
1962+conferred on that state by this compact may be terminated on
1963+the effective date of termination. A cure of the default does
1964+not relieve the offending state of obligations or liabilities
1965+incurred during the period of default.
1966+(4) Termination of membership in the compact shall be
1967+imposed only after all other means of securing compliance have
1968+been exhausted. Notice of intent to suspend or terminate shall
1969+be given by the commission to the governor, the majority and
1970+minority leaders of the defaulting state's legislature, the
1971+defaulting state's state licensing authority and each of the
1972+member states' state licensing authority.
19781973 953
19791974 954
19801975 955
19811976 956
19821977 957
19831978 958
19841979 959
19851980 960
19861981 961
19871982 962
19881983 963
19891984 964
19901985 965
19911986 966
19921987 967
19931988 968
19941989 969
19951990 970
19961991 971
19971992 972
19981993 973
19991994 974
20001995 975
20011996 976
20021997 977
20031998 978
20041999 979
2005-980 HB246 EnrolledHB246 Enrolled
2000+980 HB246 INTRODUCEDHB246 INTRODUCED
20062001 Page 36
2007-the commission may initiate legal action against a member
2008-state in default in the United States District Court for the
2009-District of Columbia or the federal district where the
2010-commission has its principal office to enforce compliance with
2011-this compact and its adopted rules. The relief sought may
2012-include both injunctive relief and damages. In the event
2013-judicial enforcement is necessary, the prevailing party shall
2014-be awarded all costs of the litigation, including reasonable
2015-attorney's fees. The remedies herein shall not be the
2016-exclusive remedies of the commission. The commission may
2017-pursue any other remedies available under federal or the
2018-defaulting member state's law.
2019-(3) A member state may initiate legal action against
2020-the commission in the United States District Court for the
2021-District of Columbia or the federal district where the
2022-commission has its principal office to enforce compliance with
2023-this compact and its adopted rules. The relief sought may
2024-include both injunctive relief and damages. In the event
2025-judicial enforcement is necessary, the prevailing party shall
2026-be awarded all costs of the litigation, including reasonable
2027-attorney's fees.
2028-(4) No individual or entity other than a member state
2029-may enforce this compact against the commission.
2030-Section 13. Effective date, withdrawal, and amendment.
2031-(a) The compact shall come into effect on the date on
2032-which the compact statute is enacted into law in the seventh
2033-member state.
2034-(1) On or after the effective date of the compact, the
2002+(5) A state that has been terminated is responsible for
2003+all assessments, obligations, and liabilities incurred through
2004+the effective date of termination, including obligations that
2005+extend beyond the effective date of termination.
2006+(6) Upon the termination of a state's membership from
2007+this compact, that state shall immediately provide notice to
2008+all licensees who hold a multistate license within that state
2009+of the termination. The terminated state shall continue to
2010+recognize all licenses granted pursuant to this compact for a
2011+minimum of 180 days after the date of the notice of
2012+termination.
2013+(7) The commission shall not bear any costs related to
2014+a state that is found to be in default or that has been
2015+terminated from the compact, unless agreed upon in writing
2016+between the commission and the defaulting state.
2017+(8) The defaulting state may appeal the action of the
2018+commission by petitioning the United States District Court for
2019+the District of Columbia or the federal district where the
2020+commission has its principal offices. The prevailing party
2021+shall be awarded all costs of the litigation, including
2022+reasonable attorney's fees.
2023+(c) Dispute resolution.
2024+(1) Upon request by a member state, the commission
2025+shall attempt to resolve disputes related to the compact that
2026+arise among member states and between member and non-member
2027+states.
2028+(2) The commission shall adopt a rule providing for
2029+both mediation and binding dispute resolution for disputes as
20352030 981
20362031 982
20372032 983
20382033 984
20392034 985
20402035 986
20412036 987
20422037 988
20432038 989
20442039 990
20452040 991
20462041 992
20472042 993
20482043 994
20492044 995
20502045 996
20512046 997
20522047 998
20532048 999
20542049 1000
20552050 1001
20562051 1002
20572052 1003
20582053 1004
20592054 1005
20602055 1006
20612056 1007
2062-1008 HB246 EnrolledHB246 Enrolled
2057+1008 HB246 INTRODUCEDHB246 INTRODUCED
20632058 Page 37
2064-commission shall convene and review the enactment of each of
2065-the charter member states to determine if the statute enacted
2066-by each charter member state is materially different than the
2067-model compact statute.
2068-a. A charter member state whose enactment is found to
2069-be materially different from the model compact statute shall
2070-be entitled to the default process set forth in Section 12.
2071-b. If any member state is later found to be in default,
2072-or is terminated or withdraws from the compact, the commission
2073-shall remain in existence and the compact shall remain in
2074-effect even if the number of member states should be less than
2075-seven.
2076-(2) Member states enacting the compact subsequent to
2077-the charter member states shall be subject to the process set
2078-forth in subdivision (c)(24) of Section 9 to determine if
2079-their enactments are materially different from the model
2080-compact statute and whether they qualify for participation in
2081-the compact.
2082-(3) All actions taken for the benefit of the commission
2083-or in furtherance of the purposes of the administration of the
2084-compact prior to the effective date of the compact or the
2085-commission coming into existence shall be considered to be
2086-actions of the commission unless specifically repudiated by
2087-the commission.
2088-(4) Any state that joins the compact shall be subject
2089-to the commission's rules and bylaws as they exist on the date
2090-on which the compact becomes law in that state. Any rule that
2091-has been previously adopted by the commission shall have the
2059+appropriate.
2060+(d) Enforcement.
2061+(1) The commission, in the reasonable exercise of its
2062+discretion, shall enforce this compact and the commission's
2063+rules.
2064+(2) By majority vote as provided by commission rule,
2065+the commission may initiate legal action against a member
2066+state in default in the United States District Court for the
2067+District of Columbia or the federal district where the
2068+commission has its principal office to enforce compliance with
2069+this compact and its adopted rules. The relief sought may
2070+include both injunctive relief and damages. In the event
2071+judicial enforcement is necessary, the prevailing party shall
2072+be awarded all costs of the litigation, including reasonable
2073+attorney's fees. The remedies herein shall not be the
2074+exclusive remedies of the commission. The commission may
2075+pursue any other remedies available under federal or the
2076+defaulting member state's law.
2077+(3) A member state may initiate legal action against
2078+the commission in the United States District Court for the
2079+District of Columbia or the federal district where the
2080+commission has its principal office to enforce compliance with
2081+this compact and its adopted rules. The relief sought may
2082+include both injunctive relief and damages. In the event
2083+judicial enforcement is necessary, the prevailing party shall
2084+be awarded all costs of the litigation, including reasonable
2085+attorney's fees.
2086+(4) No individual or entity other than a member state
20922087 1009
20932088 1010
20942089 1011
20952090 1012
20962091 1013
20972092 1014
20982093 1015
20992094 1016
21002095 1017
21012096 1018
21022097 1019
21032098 1020
21042099 1021
21052100 1022
21062101 1023
21072102 1024
21082103 1025
21092104 1026
21102105 1027
21112106 1028
21122107 1029
21132108 1030
21142109 1031
21152110 1032
21162111 1033
21172112 1034
21182113 1035
2119-1036 HB246 EnrolledHB246 Enrolled
2114+1036 HB246 INTRODUCEDHB246 INTRODUCED
21202115 Page 38
2121-full force and effect of law on the day the compact becomes
2122-law in that state.
2123-(b) Any member state may withdraw from this compact by
2124-enacting a statute repealing that state's enactment of the
2125-compact.
2126-(1) A member state's withdrawal shall not take effect
2127-until 180 days after enactment of the repealing statute.
2128-(2) Withdrawal shall not affect the continuing
2129-requirement of the withdrawing state's state licensing
2130-authority to comply with the investigative and adverse action
2131-reporting requirements of this compact prior to the effective
2132-date of withdrawal.
2133-(3) Upon the enactment of a statute withdrawing from
2134-this compact, a state shall immediately provide notice of the
2135-withdrawal to all licensees within that state. Notwithstanding
2136-any subsequent statutory enactment to the contrary, the
2137-withdrawing state shall continue to recognize all licenses
2138-granted pursuant to this compact for a minimum of 180 days
2139-after the date of notice of withdrawal.
2140-(c) Nothing contained in this compact shall be
2141-construed to invalidate or prevent any licensure agreement or
2142-other cooperative arrangement between a member state and a
2143-non-member state that does not conflict with this compact.
2144-(d) This compact may be amended by the member states.
2145-No amendment to this compact shall become effective and
2146-binding upon any member state until it is enacted into the
2147-laws of all member states.
2148-Section 14. Construction and severability.
2116+may enforce this compact against the commission.
2117+Section 13. Effective date, withdrawal, and amendment.
2118+(a) The compact shall come into effect on the date on
2119+which the compact statute is enacted into law in the seventh
2120+member state.
2121+(1) On or after the effective date of the compact, the
2122+commission shall convene and review the enactment of each of
2123+the charter member states to determine if the statute enacted
2124+by each charter member state is materially different than the
2125+model compact statute.
2126+a. A charter member state whose enactment is found to
2127+be materially different from the model compact statute shall
2128+be entitled to the default process set forth in Section 12.
2129+b. If any member state is later found to be in default,
2130+or is terminated or withdraws from the compact, the commission
2131+shall remain in existence and the compact shall remain in
2132+effect even if the number of member states should be less than
2133+seven.
2134+(2) Member states enacting the compact subsequent to
2135+the charter member states shall be subject to the process set
2136+forth in subdivision (c)(24) of Section 9 to determine if
2137+their enactments are materially different from the model
2138+compact statute and whether they qualify for participation in
2139+the compact.
2140+(3) All actions taken for the benefit of the commission
2141+or in furtherance of the purposes of the administration of the
2142+compact prior to the effective date of the compact or the
2143+commission coming into existence shall be considered to be
21492144 1037
21502145 1038
21512146 1039
21522147 1040
21532148 1041
21542149 1042
21552150 1043
21562151 1044
21572152 1045
21582153 1046
21592154 1047
21602155 1048
21612156 1049
21622157 1050
21632158 1051
21642159 1052
21652160 1053
21662161 1054
21672162 1055
21682163 1056
21692164 1057
21702165 1058
21712166 1059
21722167 1060
21732168 1061
21742169 1062
21752170 1063
2176-1064 HB246 EnrolledHB246 Enrolled
2171+1064 HB246 INTRODUCEDHB246 INTRODUCED
21772172 Page 39
2178-(a) This compact and the commission's rulemaking
2179-authority shall be liberally construed so as to effectuate the
2180-purposes, and the implementation and administration of the
2181-compact. Provisions of the compact expressly authorizing or
2182-requiring the adoption of rules shall not be construed to
2183-limit the commission's rulemaking authority solely for those
2184-purposes.
2185-(b) The provisions of this compact shall be severable
2186-and if any phrase, clause, sentence, or provision of this
2187-compact is held by a court of competent jurisdiction to be
2188-contrary to the constitution of any member state, a state
2189-seeking participation in the compact, or of the United States,
2190-or the applicability thereof to any government, agency,
2191-individual, or circumstance is held to be unconstitutional by
2192-a court of competent jurisdiction, the validity of the
2193-remainder of this compact and the applicability thereof to any
2194-other government, agency, individual, or circumstance shall
2195-not be affected thereby.
2196-(c) Notwithstanding subsection (b), the commission may
2197-deny a state's participation in the compact or, in accordance
2198-with the requirements of Section 12, terminate a member
2199-state's participation in the compact, if it determines that a
2200-constitutional requirement of a member state is a material
2201-departure from the compact. Otherwise, if this compact shall
2202-be held to be contrary to the constitution of any member
2203-state, the compact shall remain in full force and effect as to
2204-the remaining member states and in full force and effect as to
2205-the member state affected as to all severable matters.
2173+actions of the commission unless specifically repudiated by
2174+the commission.
2175+(4) Any state that joins the compact shall be subject
2176+to the commission's rules and bylaws as they exist on the date
2177+on which the compact becomes law in that state. Any rule that
2178+has been previously adopted by the commission shall have the
2179+full force and effect of law on the day the compact becomes
2180+law in that state.
2181+(b) Any member state may withdraw from this compact by
2182+enacting a statute repealing that state's enactment of the
2183+compact.
2184+(1) A member state's withdrawal shall not take effect
2185+until 180 days after enactment of the repealing statute.
2186+(2) Withdrawal shall not affect the continuing
2187+requirement of the withdrawing state's state licensing
2188+authority to comply with the investigative and adverse action
2189+reporting requirements of this compact prior to the effective
2190+date of withdrawal.
2191+(3) Upon the enactment of a statute withdrawing from
2192+this compact, a state shall immediately provide notice of the
2193+withdrawal to all licensees within that state. Notwithstanding
2194+any subsequent statutory enactment to the contrary, the
2195+withdrawing state shall continue to recognize all licenses
2196+granted pursuant to this compact for a minimum of 180 days
2197+after the date of notice of withdrawal.
2198+(c) Nothing contained in this compact shall be
2199+construed to invalidate or prevent any licensure agreement or
2200+other cooperative arrangement between a member state and a
22062201 1065
22072202 1066
22082203 1067
22092204 1068
22102205 1069
22112206 1070
22122207 1071
22132208 1072
22142209 1073
22152210 1074
22162211 1075
22172212 1076
22182213 1077
22192214 1078
22202215 1079
22212216 1080
22222217 1081
22232218 1082
22242219 1083
22252220 1084
22262221 1085
22272222 1086
22282223 1087
22292224 1088
22302225 1089
22312226 1090
22322227 1091
2233-1092 HB246 EnrolledHB246 Enrolled
2228+1092 HB246 INTRODUCEDHB246 INTRODUCED
22342229 Page 40
2230+non-member state that does not conflict with this compact.
2231+(d) This compact may be amended by the member states.
2232+No amendment to this compact shall become effective and
2233+binding upon any member state until it is enacted into the
2234+laws of all member states.
2235+Section 14. Construction and severability.
2236+(a) This compact and the commission's rulemaking
2237+authority shall be liberally construed so as to effectuate the
2238+purposes, and the implementation and administration of the
2239+compact. Provisions of the compact expressly authorizing or
2240+requiring the adoption of rules shall not be construed to
2241+limit the commission's rulemaking authority solely for those
2242+purposes.
2243+(b) The provisions of this compact shall be severable
2244+and if any phrase, clause, sentence, or provision of this
2245+compact is held by a court of competent jurisdiction to be
2246+contrary to the constitution of any member state, a state
2247+seeking participation in the compact, or of the United States,
2248+or the applicability thereof to any government, agency,
2249+individual, or circumstance is held to be unconstitutional by
2250+a court of competent jurisdiction, the validity of the
2251+remainder of this compact and the applicability thereof to any
2252+other government, agency, individual, or circumstance shall
2253+not be affected thereby.
2254+(c) Notwithstanding subsection (b), the commission may
2255+deny a state's participation in the compact or, in accordance
2256+with the requirements of Section 12, terminate a member
2257+state's participation in the compact, if it determines that a
2258+1093
2259+1094
2260+1095
2261+1096
2262+1097
2263+1098
2264+1099
2265+1100
2266+1101
2267+1102
2268+1103
2269+1104
2270+1105
2271+1106
2272+1107
2273+1108
2274+1109
2275+1110
2276+1111
2277+1112
2278+1113
2279+1114
2280+1115
2281+1116
2282+1117
2283+1118
2284+1119
2285+1120 HB246 INTRODUCEDHB246 INTRODUCED
2286+Page 41
2287+constitutional requirement of a member state is a material
2288+departure from the compact. Otherwise, if this compact shall
2289+be held to be contrary to the constitution of any member
2290+state, the compact shall remain in full force and effect as to
2291+the remaining member states and in full force and effect as to
2292+the member state affected as to all severable matters.
22352293 Section 15. Consistent effect and conflict with other
22362294 state laws.
22372295 (a) Nothing herein shall prevent or inhibit the
22382296 enforcement of any other law of a member state that is not
22392297 inconsistent with this compact.
22402298 (b) Any laws, statutes, regulations, or other legal
22412299 requirements in a member state in conflict with this compact
22422300 are superseded to the extent of the conflict.
22432301 (c) All permissible agreements between the commission
22442302 and the member states are binding in accordance with their
22452303 terms.
22462304 Section 16. This act shall become effective on the
22472305 first day of the third month following its passage and
22482306 approval by the Governor, or its otherwise becoming law.
2249-1093
2250-1094
2251-1095
2252-1096
2253-1097
2254-1098
2255-1099
2256-1100
2257-1101
2258-1102
2259-1103
2260-1104
2261-1105
2262-1106 HB246 EnrolledHB246 Enrolled
2263-Page 41
2264-________________________________________________
2265-Speaker of the House of Representatives
2266-________________________________________________
2267-President and Presiding Officer of the Senate
2268-House of Representatives
2269-I hereby certify that the within Act originated in and
2270-was passed by the House 25-May-23, as amended.
2271-John Treadwell
2272-Clerk
2273-Senate 06-Jun-23 Passed
2274-1107
2275-1108
2276-1109
2277-1110
2278-1111
2279-1112
2280-1113
2281-1114
2282-1115
2283-1116
2284-1117
2285-1118
2286-1119
2287-1120
22882307 1121
22892308 1122
22902309 1123
22912310 1124
22922311 1125
22932312 1126
22942313 1127
22952314 1128
22962315 1129
22972316 1130
22982317 1131
22992318 1132
23002319 1133
23012320 1134
23022321 1135
2322+1136
2323+1137
2324+1138
2325+1139
2326+1140