*HB1135.3*
Reprinted
January 31, 2024
HOUSE BILL No. 1135
_____
DIGEST OF HB 1135 (Updated January 30, 2024 2:27 pm - DI 134)
Citations Affected: IC 25-8; IC 25-43.5; IC 34-30.
Synopsis: Cosmetology licensure and apprenticeships. Establishes a
cosmetology apprenticeship program (program). Sets certain
requirements for cosmetologists offering a program and apprentice
cosmetologists enrolled in the program. Requires an applicant for a
beauty culture instructor license to state that the applicant has
completed at least 100 hours of methodology, but provides that the
applicant is not required to complete any methodology in excess of 100
hours. Establishes the cosmetology licensure compact (compact).
Provides the requirements states must follow in order to participate in
the compact. Provides that a cosmetologist may practice in member
states so long as the cosmetologist meets certain criteria. Establishes a
governing commission and sets out its powers, duties, financing, and
liability. Provides various mechanisms for the member states and the
governing commission to regulate the interstate practice of
cosmetology. Provides for various contingencies, including the process
to effect, amend, enforce, withdraw from, or terminate the compact.
Makes accreditation provisions for a cosmetology apprentice that
transfers to a beauty culture school. Provides that the state board of
cosmetology and barber examiners shall adopt rules to establish
standards for the operation of cosmetology apprenticeship programs.
Makes conforming changes.
Effective: July 1, 2024.
Wesco, Pfaff, Criswell, Miller D
January 8, 2024, read first time and referred to Committee on Employment, Labor and
Pensions.
January 18, 2024, amended, reported — Do Pass. Referred to Committee on Ways and
Means pursuant to Rule 127.
January 25, 2024, amended, reported — Do Pass.
January 30, 2024, read second time, amended, ordered engrossed.
HB 1135—LS 6528/DI 153 Reprinted
January 31, 2024
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1135
A BILL FOR AN ACT to amend the Indiana Code concerning
professions and occupations.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 25-8-2-1.9 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2024]: Sec. 1.9. "Apprentice cosmetologist" means an individual
4 who is:
5 (1) learning cosmetology; and
6 (2) under the direction or immediate supervision of a
7 cosmetologist.
8 SECTION 2. IC 25-8-2-3.6 IS ADDED TO THE INDIANA CODE
9 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
10 1, 2024]: Sec. 3.6. "Certificate of registration" means a certificate
11 granted by the board that authorizes an individual to act as an
12 apprentice cosmetologist.
13 SECTION 3. IC 25-8-3-23, AS AMENDED BY P.L.158-2016,
14 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2024]: Sec. 23. (a) The board shall adopt rules under
16 IC 4-22-2 to:
17 (1) prescribe sanitary requirements for:
HB 1135—LS 6528/DI 153 2
1 (A) beauty culture salons; and
2 (B) beauty culture schools;
3 (2) establish standards for the practice of cosmetology and the
4 operation of:
5 (A) beauty culture salons; and
6 (B) beauty culture schools; and
7 (C) apprenticeship programs;
8 (3) implement the licensing system under this article and provide
9 for a staggered renewal system for licenses; and
10 (4) establish requirements for beauty culture school uniforms for
11 students and instructors; and
12 (5) establish requirements for a holder of a certificate of
13 registration to sit for the examination described in
14 IC 25-8-9-3.
15 (b) The board shall adopt rules under IC 4-22-2 to specify whether
16 the definition set forth in IC 25-8-2-5 includes the use of a straight
17 razor.
18 (c) The board may adopt rules under IC 4-22-2 to establish the
19 following for the practice of cosmetology, barbering, electrology,
20 esthetics, or manicuring in a mobile salon:
21 (1) Sanitation standards.
22 (2) Safety requirements.
23 (3) Permanent address requirements at which the following are
24 located:
25 (A) Records of appointments.
26 (B) License numbers of employees.
27 (C) If applicable, the vehicle identification number of the
28 license holder's self-contained facility.
29 (4) Enforcement actions to ensure compliance with the
30 requirements under this article and all local laws and ordinances.
31 SECTION 4. IC 25-8-4-2.8 IS ADDED TO THE INDIANA CODE
32 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
33 1, 2024]: Sec. 2.8. (a) Only a cosmetologist may operate a
34 cosmetology apprenticeship program.
35 (b) A cosmetologist who wishes to operate a cosmetology
36 apprenticeship program must apply to the board. The application
37 must state the following:
38 (1) The cosmetologist's state cosmetology license number and
39 status.
40 (2) A statement that the cosmetologist has at least five (5)
41 years of salon experience.
42 (3) A statement that the cosmetologist has completed a one
HB 1135—LS 6528/DI 153 3
1 hundred (100) hour methodology course.
2 (4) A statement that the cosmetologist has successfully passed
3 the state board approved methodology test.
4 (5) Any relevant certifications or awards obtained by the
5 cosmetologist.
6 (6) Any other information that the board considers relevant
7 for determining whether to place apprentices with the
8 cosmetologist.
9 (c) If a cosmetologist is approved by the board under subsection
10 (b), the cosmetologist must do the following with regard to an
11 apprentice cosmetologist enrolled in the program:
12 (1) Keep a daily attendance record and submit a copy of the
13 record to the board monthly.
14 (2) Ensure that the apprentice will not perform licensed
15 regulated work on the general public until after the
16 apprentice has received two hundred (200) hours of technical
17 training.
18 (3) Personally supervise the apprentice cosmetologist.
19 (4) Conduct all program supervision and training at the
20 cosmetologist's principal place of business.
21 (d) A cosmetology apprenticeship program may not require an
22 apprentice cosmetologist to attend more than forty (40) hours per
23 week.
24 (e) A cosmetologist may not train more than two (2) apprentices
25 at any time. Each cosmetologist establishment may not have more
26 than:
27 (1) six (6) apprentices at any time; or
28 (2) three (3) approved cosmetologist licensing apprentices at
29 any time.
30 (f) If a cosmetologist who operates a cosmetology apprentice
31 program changes the location of the cosmetologist's principal place
32 of business, the cosmetologist must notify the board of the change
33 and receive the board's approval to continue the program at the
34 new location.
35 (g) A cosmetology apprentice must complete one thousand five
36 hundred (1,500) hours of instruction and training which must be
37 completed in two (2) years.
38 (h) A cosmetology apprentice may:
39 (1) transfer to a beauty culture school; and
40 (2) use each one (1) hour of credit that the cosmetology
41 apprentice has earned prior to the transfer to the beauty
42 culture school as one-half (1/2) of an hour of credit at the
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1 beauty culture school.
2 (i) A cosmetology apprenticeship program approval must be
3 renewed every five (5) years with the board.
4 SECTION 5. IC 25-8-4-7, AS AMENDED BY P.L.170-2013,
5 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2024]: Sec. 7. (a) Each applicant must pass a final practical
7 demonstration examination of the acts permitted by the license. The
8 applicant's beauty culture school following shall administer the final
9 practical demonstration examination:
10 (1) The applicant's beauty culture school.
11 (2) The applicant's cosmetology apprentice program
12 supervisor.
13 (b) The board shall conduct a written examination of the students
14 enrolled in beauty culture school or applicants for a beauty culture
15 professional license. The written examinations described in this
16 section:
17 (1) shall be conducted at the times and places determined by the
18 board;
19 (2) may be administered through computer based testing;
20 (3) may be conducted before graduation from beauty culture
21 school; and
22 (4) shall be conducted at times set by the board.
23 SECTION 6. IC 25-8-6-3, AS AMENDED BY P.L.170-2013,
24 SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2024]: Sec. 3. (a) The application described in section 2 of
26 this chapter must state that the applicant:
27 (1) is at least eighteen (18) years of age;
28 (2) has graduated from high school or received the equivalent of
29 a high school education;
30 (3) holds a cosmetologist, an electrologist, a manicurist, a barber,
31 or an esthetician license issued under this article;
32 (4) has completed the education and experience requirements,
33 subject to subsection (b) and the rules adopted by the board;
34 (5) has not committed an act for which the applicant could be
35 disciplined under IC 25-8-14;
36 (6) has received a satisfactory grade (as described in IC 25-8-4-9)
37 on an examination for instructor license applicants prescribed by
38 the board; and
39 (7) has paid the fee set forth in IC 25-8-13-4 for the issuance of a
40 license under this chapter.
41 (b) In addition to the requirements under subsection (a) and this
42 chapter, an applicant for a beauty culture instructor license must
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1 state that the applicant has completed at least one hundred (100)
2 hours of methodology. An applicant for a beauty culture instructor
3 license is not required to complete any methodology in excess of
4 one hundred (100) hours.
5 SECTION 7. IC 25-8-9-3, AS AMENDED BY P.L.158-2016,
6 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2024]: Sec. 3. The application described in section 2 of this
8 chapter must state that the applicant:
9 (1) is at least seventeen (17) years of age;
10 (2) has successfully completed the tenth grade or received the
11 equivalent of tenth grade education;
12 (3) has graduated from a beauty culture school or completed a
13 board approved cosmetology apprenticeship program;
14 (4) has received a satisfactory grade (as defined by IC 25-8-4-9)
15 on an examination for cosmetologist license applicants prescribed
16 by the board;
17 (5) has not committed an act for which the applicant could be
18 disciplined under IC 25-8-14; and
19 (6) has paid the fee set forth in IC 25-8-13-7 for the issuance of a
20 license under this chapter.
21 SECTION 8. IC 25-8-9-4 IS AMENDED TO READ AS FOLLOWS
22 [EFFECTIVE JULY 1, 2024]: Sec. 4. The board may waive the
23 requirement for applicants under section 3(2) or 15(b)(1)(B) of this
24 chapter if:
25 (1) the applicant petitions the board for a waiver; and
26 (2) the board determines that the requirement would result in
27 extreme hardship to the applicant if enforced.
28 SECTION 9. IC 25-8-9-15 IS ADDED TO THE INDIANA CODE
29 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
30 1, 2024]: Sec. 15. (a) A person must obtain a certificate of
31 registration to act as an apprentice cosmetologist.
32 (b) A person who wishes to obtain a certificate of registration
33 must apply to the board. The application must:
34 (1) state that the applicant:
35 (A) is at least seventeen (17) years of age;
36 (B) has successfully completed the tenth grade or received
37 the equivalent of a tenth grade education;
38 (C) has not committed an act for which the applicant could
39 be disciplined under IC 25-8-14; and
40 (D) has paid the fee set forth in IC 25-8-13-7 for the
41 issuance of a certificate of registration under this chapter;
42 and
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1 (2) contain a statement signed by a cosmetologist:
2 (A) that the applicant:
3 (i) is employed by the cosmetologist; and
4 (ii) will work under the direct and immediate personal
5 supervision of the cosmetologist; and
6 (B) that the cosmetologist operates a board approved
7 cosmetology apprenticeship program.
8 (c) A certificate of registration shall be in effect:
9 (1) for two (2) years; or
10 (2) until the holder is issued a cosmetologist license.
11 (d) A certificate of registration must be displayed according to
12 the requirements of IC 25-8-4-13.
13 (e) Except as provided in IC 25-8-13-7, a person may not be
14 charged a fee to participate in a cosmetology apprenticeship
15 program.
16 (f) An apprentice cosmetologist may perform services only:
17 (1) on the general public (as provided in IC 25-8-4-2.8(c)(2));
18 (2) for which the apprentice cosmetologist has received
19 technical training; and
20 (3) under the direct and immediate supervision and
21 employment of a cosmetologist who has been approved by the
22 board under IC 25-8-4-2.8.
23 SECTION 10. IC 25-8-13-7, AS AMENDED BY P.L.177-2015,
24 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2024]: Sec. 7. (a) The board shall charge a fee established by
26 the board under IC 25-1-8-2 for providing an examination to an
27 applicant for a cosmetologist license.
28 (b) The board shall charge a fee established by the board under
29 IC 25-1-8-2 for issuing or renewing a cosmetologist license.
30 IC 25-1-2-6(e) applies to the issuance and renewal of a cosmetologist
31 license.
32 (c) The board shall charge a fee established under IC 25-1-8-6 for
33 reinstating a cosmetologist license.
34 (d) The board shall charge a fee established by the board under
35 IC 25-1-8-2 for issuing an Indiana cosmetologist license to a person
36 who holds a license from another jurisdiction that meets the
37 requirements set forth in IC 25-8-4-2.
38 (e) The board shall charge a fee established by the board under
39 IC 25-1-8-2 for issuing a certificate of registration to an apprentice
40 cosmetologist as set forth in IC 25-8-9-15.
41 SECTION 11. IC 25-43.5 IS ADDED TO THE INDIANA CODE
42 AS A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY
HB 1135—LS 6528/DI 153 7
1 1, 2024]:
2 ARTICLE 43.5. COSMETOLOGY LICENSURE COMPACT
3 Chapter 1. Purpose
4 Sec. 1. The purpose of this compact is to facilitate the interstate
5 practice and regulation of cosmetology with the goal of improving
6 public access to, and the safety of, cosmetology services and
7 reducing unnecessary burdens related to cosmetology licensure.
8 Through this compact, the member states seek to establish a
9 regulatory framework which provides for a new multistate
10 licensing program. Through this new licensing program, the
11 member states seek to provide increased value and mobility to
12 licensed cosmetologists in the member states, while ensuring the
13 provision of safe, effective, and reliable services to the public.
14 Sec. 2. This compact is designed to achieve the following
15 objectives, and the member states hereby ratify the same intentions
16 by adopting this compact:
17 (1) Provide opportunities for interstate practice by
18 cosmetologists who meet uniform requirements for multistate
19 licensure.
20 (2) Enhance the abilities of member states to protect public
21 health and safety and prevent fraud and unlicensed activity
22 within the profession.
23 (3) Ensure and encourage cooperation between member states
24 in the licensure and regulation of the practice of cosmetology.
25 (4) Support relocating military members and their spouses.
26 (5) Facilitate the exchange of information between member
27 states related to the licensure, investigation, and discipline of
28 the practice of cosmetology.
29 (6) Provide for the licensure and mobility of the workforce in
30 the profession, while addressing the shortage of workers and
31 lessening the associated burdens on the member states.
32 Chapter 2. Definitions
33 Sec. 0.5. The definitions in this chapter apply throughout this
34 article, unless the context requires otherwise.
35 Sec. 1. "Active military member" means any person with
36 full-time duty status in the armed forces of the United States,
37 including members of the national guard and reserve.
38 Sec. 2. "Adverse action" means any administrative, civil,
39 equitable, or criminal action permitted by a member state's laws
40 which is imposed by a state licensing authority or other regulatory
41 body against a cosmetologist, including actions against an
42 individual's license or authorization to practice such as revocation,
HB 1135—LS 6528/DI 153 8
1 suspension, probation, monitoring of the licensee, limitation of the
2 licensee's practice, or any other encumbrance on a license affecting
3 an individual's ability to participate in the cosmetology industry,
4 including the issuance of a cease and desist order.
5 Sec. 3. "Alternative program" means a nondisciplinary
6 monitoring or prosecutorial diversion program approved by a
7 member state's state licensing authority.
8 Sec. 4. "Authorization to practice" means a legal authorization
9 associated with a multistate license permitting the practice of
10 cosmetology in that remote state, which shall be subject to the
11 enforcement jurisdiction of the state licensing authority in that
12 remote state.
13 Sec. 5. "Background check" means the submission of
14 information for an applicant for the purpose of obtaining that
15 applicant's criminal history record information, as further defined
16 in 28 CFR 20.3(d), from the Federal Bureau of Investigation and
17 the agency responsible for retaining state criminal or disciplinary
18 history in the applicant's home state.
19 Sec. 6. "Charter member state" means a member state that has
20 enacted legislation to adopt this compact where such legislation
21 predates the effective date of this compact as defined in
22 IC 25-43.5-13.
23 Sec. 7. "Commission" means the government agency whose
24 membership consists of all states that have enacted this compact,
25 which is known as the cosmetology licensure compact commission,
26 as defined in IC 25-43.5-9, and which shall operate as an
27 instrumentality of the member states.
28 Sec. 8. "Cosmetologist" means an individual licensed in their
29 home state to practice cosmetology.
30 Sec. 9. "Cosmetology", "cosmetology services", and the
31 "practice of cosmetology" mean the care and services provided by
32 a cosmetologist as set forth in the member state's statutes and
33 regulations in the state where the services are being provided.
34 Sec. 10. "Current significant investigative information" means
35 investigative information that:
36 (1) a state licensing authority, after an inquiry or investigation
37 that complies with a member state's due process
38 requirements, has reason to believe is not groundless and, if
39 proved true, would indicate a violation of that state's laws
40 regarding fraud or the practice of cosmetology; or
41 (2) indicates that a licensee has engaged in fraud or represents
42 an immediate threat to public health and safety, regardless of
HB 1135—LS 6528/DI 153 9
1 whether the licensee has been notified and had an opportunity
2 to respond.
3 Sec. 11. "Data system" means a repository of information about
4 licensees, including, but not limited to, license status, investigative
5 information, and adverse actions.
6 Sec. 12. "Disqualifying event" means any event which shall
7 disqualify an individual from holding a multistate license under
8 this compact, which the commission may by rule or order specify.
9 Sec. 13. "Encumbered license" means a license in which an
10 adverse action restricts the practice of cosmetology by a licensee,
11 or where the adverse action has been reported to the commission.
12 Sec. 14. "Encumbrance" means a revocation or suspension of,
13 or any limitation on, the full and unrestricted practice of
14 cosmetology by a state licensing authority.
15 Sec. 15. "Executive committee" means a group of delegates
16 elected or appointed to act on behalf of, and within the powers
17 granted to them by, the commission.
18 Sec. 16. "Home state" means the member state which is a
19 licensee's primary state of residence, and where that licensee holds
20 an active and unencumbered license to practice cosmetology.
21 Sec. 17. "Investigative information" means information,
22 records, or documents received or generated by a state licensing
23 authority pursuant to an investigation or other inquiry.
24 Sec. 18. "Jurisprudence requirement" means the assessment of
25 an individual's knowledge of the laws and rules governing the
26 practice of cosmetology in a state.
27 Sec. 19. "Licensee" means an individual who currently holds a
28 license from a member state to practice as a cosmetologist.
29 Sec. 20. "Member state" means any state that has adopted this
30 compact.
31 Sec. 21. "Multistate license" means a license issued by and
32 subject to the enforcement jurisdiction of the state licensing
33 authority in a licensee's home state, which authorizes the practice
34 of cosmetology in member states and includes authorizations to
35 practice cosmetology in all remote states pursuant to this compact.
36 Sec. 22. "Remote state" means any member state, other than the
37 licensee's home state.
38 Sec. 23. "Rule" means any rule or regulation promulgated by
39 the commission under this compact which has the force of law.
40 Sec. 24. "Single-state license" means a cosmetology license
41 issued by a member state that authorizes practice of cosmetology
42 only within the issuing state and does not include any authorization
HB 1135—LS 6528/DI 153 10
1 outside of the issuing state.
2 Sec. 25. "State" means a state, territory, or possession of the
3 United States and the District of Columbia.
4 Sec. 26. "State licensing authority" means a member state's
5 regulatory body responsible for issuing cosmetology licenses or
6 otherwise overseeing the practice of cosmetology in that state.
7 Chapter 3. Member State Requirements
8 Sec. 1. To be eligible to join this compact, and to maintain
9 eligibility as a member state, a state must:
10 (1) license and regulate cosmetology;
11 (2) have a mechanism or entity in place to receive and
12 investigate complaints about licensees practicing in that state;
13 (3) require that licensees within the state pass a cosmetology
14 competency examination prior to being licensed to provide
15 cosmetology services to the public in that state;
16 (4) require that licensees satisfy educational or training
17 requirements in cosmetology prior to being licensed to
18 provide cosmetology services to the public in that state;
19 (5) implement procedures for considering one (1) or more of
20 the following categories of information from applicants for
21 licensure: criminal history; disciplinary history; or
22 background check. Such procedures may include the
23 submission of information by applicants for the purpose of
24 obtaining an applicant's background check as defined in this
25 article;
26 (6) participate in the data system, including through the use
27 of unique identifying numbers;
28 (7) share information related to adverse actions with the
29 commission and other member states, both through the data
30 system and otherwise;
31 (8) notify the commission and other member states, in
32 compliance with the terms of the compact and rules of the
33 commission, of the existence of investigative information or
34 current significant investigative information in the state's
35 possession regarding a licensee practicing in that state;
36 (9) comply with rules enacted by the commission to
37 administer the compact; and
38 (10) accept licensees from other member states as established
39 in this article.
40 Sec. 2. Member states may charge a fee for granting a license to
41 practice cosmetology.
42 Sec. 3. Individuals not residing in a member state shall continue
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1 to be able to apply for a member state's single-state license as
2 provided under the laws of each member state. However, the
3 single-state license granted to these individuals shall not be
4 recognized as granting a multistate license to provide services in
5 any other member state.
6 Sec. 4. Nothing in this compact shall affect the requirements
7 established by a member state for the issuance of a single-state
8 license.
9 Sec. 5. A multistate license issued to a licensee by a home state
10 to a resident of that state shall be recognized by each member state
11 as authorizing a licensee to practice cosmetology in each member
12 state.
13 Sec. 6. At no point shall the commission have the power to
14 define the educational or professional requirements for a license to
15 practice cosmetology. The member states shall retain sole
16 jurisdiction over the provision of these requirements.
17 Chapter 4. Multistate License
18 Sec. 1. To be eligible to apply to their home state's state licensing
19 authority for an initial multistate license under this compact, a
20 licensee must hold an active and unencumbered single-state license
21 to practice cosmetology in their home state.
22 Sec. 2. Upon the receipt of an application for a multistate
23 license, according to the rules of the commission, a member state's
24 state licensing authority shall ascertain whether the applicant
25 meets the requirements for a multistate license under this compact.
26 Sec. 3. If an applicant meets the requirements for a multistate
27 license under this compact and any applicable rules of the
28 commission, the state licensing authority in receipt of the
29 application shall, within a reasonable time, grant a multistate
30 license to that applicant, and inform all member states of the grant
31 of the multistate license.
32 Sec. 4. A multistate license to practice cosmetology issued by a
33 member state's state licensing authority shall be recognized by
34 each member state as authorizing the practice of cosmetology as
35 though that licensee held a single-state license to do so in each
36 member state, subject to the restrictions in this article.
37 Sec. 5. A multistate license granted pursuant to this compact
38 may be effective for a definite period of time, concurrent with the
39 licensure renewal period in the home state.
40 Sec. 6. To maintain a multistate license under this compact, a
41 licensee must:
42 (1) agree to abide by the rules of the state licensing authority,
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1 and the state scope of practice laws governing the practice of
2 cosmetology, of any member state in which the licensee
3 provides services;
4 (2) pay all required fees related to the application and process,
5 and any other fees which the commission may by rule require;
6 and
7 (3) comply with any and all other requirements regarding
8 multistate licenses which the commission may by rule provide.
9 Sec. 7. A licensee practicing in a member state is subject to all
10 scope of practice laws governing cosmetology services in that state.
11 Sec. 8. The practice of cosmetology under a multistate license
12 granted pursuant to this compact will subject the licensee to the
13 jurisdiction of the state licensing authority, the courts, and the laws
14 of the member state in which the cosmetology services are
15 provided.
16 Chapter 5. Reissuance of a Multistate License by a New Home
17 State
18 Sec. 1. A licensee may hold a multistate license, issued by their
19 home state, in only one (1) member state at any given time.
20 Sec. 2. If a licensee changes their home state by moving between
21 two (2) member states, the following apply:
22 (1) The licensee shall immediately apply for the reissuance of
23 their multistate license in their new home state. The licensee
24 shall pay all applicable fees and notify the prior home state in
25 accordance with the rules of the commission.
26 (2) Upon receipt of an application to reissue a multistate
27 license, the new home state shall verify that the multistate
28 license is active, unencumbered, and eligible for reissuance
29 under the terms of the compact and the rules of the
30 commission. The multistate license issued by the prior home
31 state will be deactivated and all member states notified in
32 accordance with the applicable rules adopted by the
33 commission.
34 (3) If required for initial licensure, the new home state may
35 require a background check as specified in the laws of that
36 state or the compliance with any jurisprudence requirements
37 of the new home state.
38 (4) Notwithstanding any other provision of this compact, if a
39 licensee does not meet the requirements set forth in this
40 compact for the reissuance of a multistate license by the new
41 home state, then the licensee shall be subject to the new home
42 state requirements for the issuance of a single-state license in
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1 that state.
2 Sec. 3. If a licensee changes their primary state of residence by
3 moving from a member state to a nonmember state, or from a
4 nonmember state to a member state, then the licensee shall be
5 subject to the state requirements for the issuance of a single-state
6 license in the new home state.
7 Sec. 4. Nothing in this compact shall interfere with a licensee's
8 ability to hold a single-state license in multiple states. However, for
9 the purposes of this compact, a licensee shall have only one (1)
10 home state and only one (1) multistate license.
11 Sec. 5. Nothing in this compact shall interfere with the
12 requirements established by a member state for the issuance of a
13 single-state license.
14 Chapter 6. Authority of the Compact Commission and Member
15 State Licensing Authorities
16 Sec. 1. Nothing in this compact, nor any rule or regulation of the
17 commission, shall be construed to limit, restrict, or in any way
18 reduce the ability of a member state to enact and enforce laws,
19 regulations, or other rules related to the practice of cosmetology in
20 that state, where those laws, regulations, or other rules are not
21 inconsistent with the provisions of this compact.
22 Sec. 2. Insofar as practical, a member state's state licensing
23 authority shall cooperate with the commission and with each entity
24 exercising independent regulatory authority over the practice of
25 cosmetology according to the provisions of this compact.
26 Sec. 3. Discipline shall be the sole responsibility of the state in
27 which cosmetology services are provided. Accordingly, each
28 member state's state licensing authority shall be responsible for
29 receiving complaints about individuals practicing cosmetology in
30 that state and for communicating all relevant investigative
31 information about any such adverse action to the other member
32 states through the data system in addition to any other methods the
33 commission may by rule require.
34 Chapter 7. Adverse Actions
35 Sec. 1. A licensee's home state shall have exclusive power to
36 impose an adverse action against a licensee's multistate license
37 issued by the home state.
38 Sec. 2. A home state may take adverse action on a multistate
39 license based on the investigative information, current significant
40 investigative information, or adverse action of a remote state.
41 Sec. 3. In addition to the powers conferred by state law, each
42 remote state's state licensing authority shall have the power to do
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1 the following:
2 (1) Take adverse action against a licensee's authorization to
3 practice cosmetology through the multistate license in that
4 member state, provided that:
5 (A) only the licensee's home state shall have the power to
6 take adverse action against the multistate license issued by
7 the home state; and
8 (B) for the purposes of taking adverse action, the home
9 state's state licensing authority shall give the same priority
10 and effect to reported conduct received from a remote
11 state as the home state would if such conduct had occurred
12 within the home state. In so doing, the home state shall
13 apply its own state laws to determine the appropriate
14 action.
15 (2) Issue cease and desist orders or impose an encumbrance
16 on a licensee's authorization to practice within that member
17 state.
18 (3) Complete any pending investigations of a licensee who
19 changes their primary state of residence during the course of
20 such an investigation. The state licensing authority shall also
21 be empowered to report the results of such an investigation to
22 the commission through the data system as described in this
23 article.
24 (4) Issue subpoenas for both hearings and investigations that
25 require the attendance and testimony of witnesses, as well as
26 the production of evidence. Subpoenas issued by a state
27 licensing authority in a member state for the attendance and
28 testimony of witnesses or the production of evidence from
29 another member state shall be enforced in the latter state by
30 any court of competent jurisdiction, according to the practice
31 and procedure of that court applicable to subpoenas issued in
32 proceedings before it. The issuing state licensing authority
33 shall pay any witness fees, travel expenses, mileage, and other
34 fees required by the service statutes of the state in which the
35 witnesses or evidence are located.
36 (5) If otherwise permitted by state law, recover from the
37 affected licensee the costs of investigations and disposition of
38 cases resulting from any adverse action taken against that
39 licensee.
40 (6) Take adverse action against the licensee's authorization to
41 practice in that state based on the factual findings of another
42 remote state.
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1 Sec. 4. A licensee's home state shall complete any pending
2 investigation of a cosmetologist who changes their primary state of
3 residence during the course of the investigation. The home state
4 shall also have the authority to take appropriate action and shall
5 promptly report the conclusions of the investigations to the data
6 system.
7 Sec. 5. If an adverse action is taken by the home state against a
8 licensee's multistate license, the licensee's authorization to practice
9 in all other member states shall be deactivated until all
10 encumbrances have been removed from the home state license. All
11 home state disciplinary orders that impose an adverse action
12 against a licensee's multistate license shall include a statement that
13 the cosmetologist's authorization to practice is deactivated in all
14 member states during the pendency of the order.
15 Sec. 6. Nothing in this compact shall override a member state's
16 authority to accept a licensee's participation in an alternative
17 program in lieu of adverse action. A licensee's multistate license
18 shall be suspended for the duration of the licensee's participation
19 in any alternative program.
20 Sec. 7. (a) In addition to the authority granted to a member state
21 by its respective scope of practice laws or other applicable state
22 law, a member state may participate with other member states in
23 joint investigations of licensees.
24 (b) Member states shall share any investigative, litigation, or
25 compliance materials in furtherance of any joint or individual
26 investigation initiated under the compact.
27 Chapter 8. Active Military Members and Their Spouses
28 Sec. 1. Active military members, or their spouses, shall
29 designate a home state where the individual has a current license
30 to practice cosmetology in good standing. The individual may
31 retain their home state designation during any period of service
32 when that individual or their spouse is on active duty assignment.
33 Chapter 9. Establishment and Operation of the Cosmetology
34 Licensure Compact Commission
35 Sec. 1. The compact member states create and establish a joint
36 government agency whose membership consists of all member
37 states that have enacted the compact known as the cosmetology
38 licensure compact commission. The commission is an
39 instrumentality of the compact member states acting jointly and
40 not an instrumentality of any one (1) state. The commission shall
41 come into existence on or after the effective date of the compact as
42 set forth in IC 25-43.5-13.
HB 1135—LS 6528/DI 153 16
1 Sec. 2. (a) Each member state shall have and be limited to one
2 (1) delegate selected by that member state's state licensing
3 authority.
4 (b) The delegate shall be an administrator of the state licensing
5 authority of the member state or their designee.
6 (c) The commission shall by rule or bylaw establish a term of
7 office for delegates and may by rule or bylaw establish term limits.
8 (d) The commission may recommend removal or suspension of
9 any delegate from office.
10 (e) A member state's state licensing authority shall fill any
11 vacancy of its delegate occurring on the commission within sixty
12 (60) days of the vacancy.
13 (f) Each delegate shall be entitled to one (1) vote on all matters
14 that are voted on by the commission.
15 (g) The commission shall meet at least once during each
16 calendar year. Additional meetings may be held as set forth in the
17 bylaws. The commission may meet by telecommunication, video
18 conference, or other similar electronic means.
19 Sec. 3. The commission shall have the following powers:
20 (1) Establish the fiscal year of the commission.
21 (2) Establish code of conduct and conflict of interest policies.
22 (3) Adopt rules and bylaws.
23 (4) Maintain its financial records in accordance with the
24 bylaws.
25 (5) Meet and take such actions as are consistent with the
26 provisions of this compact, the commission's rules, and the
27 bylaws.
28 (6) Initiate and conclude legal proceedings or actions in the
29 name of the commission, provided that the standing of any
30 state licensing authority to sue or be sued under applicable
31 law shall not be affected.
32 (7) Maintain and certify records and information provided to
33 a member state as the authenticated business records of the
34 commission, and designate an agent to do so on the
35 commission's behalf.
36 (8) Purchase and maintain insurance and bonds.
37 (9) Borrow, accept, or contract for services of personnel,
38 including, but not limited to, employees of a member state.
39 (10) Conduct an annual financial review.
40 (11) Hire employees, elect or appoint officers, fix
41 compensation, define duties, grant such individuals
42 appropriate authority to carry out the purposes of the
HB 1135—LS 6528/DI 153 17
1 compact, and establish the commission's personnel policies
2 and programs relating to conflicts of interest, qualifications
3 of personnel, and other related personnel matters.
4 (12) As set forth in the commission rules, charge a fee to a
5 licensee for the grant of a multistate license and thereafter, as
6 may be established by commission rule, charge the licensee a
7 multistate license renewal fee for each renewal period.
8 Nothing in this article shall be construed to prevent a home
9 state from charging a licensee a fee for a multistate license or
10 renewals of a multistate license, or a fee for the jurisprudence
11 requirement if the member state imposes such a requirement
12 for the grant of a multistate license.
13 (13) Assess and collect fees.
14 (14) Accept any and all appropriate gifts, donations, grants of
15 money, other sources of revenue, equipment, supplies,
16 materials, and services, and receive, utilize, and dispose of the
17 items or services. At all times the commission shall avoid any
18 appearance of impropriety or conflict of interest when
19 accepting, receiving, utilizing, or disposing of the items or
20 services.
21 (15) Lease, purchase, retain, own, hold, improve, or use any
22 property, real, personal, or mixed, or any undivided interest
23 in the property.
24 (16) Sell, convey, mortgage, pledge, lease, exchange, abandon,
25 or otherwise dispose of any property real, personal, or mixed.
26 (17) Establish a budget and make expenditures.
27 (18) Borrow money.
28 (19) Appoint committees, including standing committees,
29 composed of members, state regulators, state legislators or
30 their representatives, and consumer representatives, and
31 other interested persons designated in this compact and the
32 bylaws.
33 (20) Provide and receive information from, and cooperate
34 with, law enforcement agencies.
35 (21) Elect a chair, vice chair, secretary, and treasurer and
36 other officers of the commission as provided in the
37 commission's bylaws.
38 (22) Establish and elect an executive committee, including a
39 chair and a vice chair.
40 (23) Adopt and provide to the member states an annual
41 report.
42 (24) Determine whether a state's adopted language is
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1 materially different from the model compact language such
2 that the state would not qualify for participation in the
3 compact.
4 (25) Perform other functions necessary or appropriate to
5 achieve the purposes of this compact.
6 Sec. 4. (a) The executive committee shall have the power to act
7 on behalf of the commission according to the terms of this compact.
8 The powers, duties, and responsibilities of the executive committee
9 shall include:
10 (1) overseeing the day-to-day activities of the administration
11 of the compact including compliance with the provisions of
12 the compact, the commission's rules and bylaws, and other
13 duties deemed necessary;
14 (2) recommending to the commission changes to the rules or
15 bylaws, changes to this compact legislation, fees charged to
16 compact member states, fees charged to licensees, and other
17 fees;
18 (3) ensuring compact administration services are
19 appropriately provided, including by contract;
20 (4) preparing and recommending the budget;
21 (5) maintaining financial records on behalf of the commission;
22 (6) monitoring compact compliance of member states and
23 providing compliance reports to the commission;
24 (7) establishing additional committees as necessary;
25 (8) exercising the powers and duties of the commission during
26 the interim between commission meetings, except for adopting
27 or amending rules, adopting or amending bylaws, and
28 exercising any other powers and duties expressly reserved to
29 the commission by rule or bylaw; and
30 (9) other duties as provided in the rules or bylaws of the
31 commission.
32 (b) The executive committee shall be composed of up to seven (7)
33 voting members as follows:
34 (1) The chair and vice chair of the commission and any other
35 members of the commission who serve on the executive
36 committee shall be voting members of the executive
37 committee; and
38 (2) Other than the chair, vice chair, secretary, and treasurer,
39 the commission shall elect three (3) voting members from the
40 current membership of the commission.
41 (3) The commission may elect ex officio, nonvoting members
42 from a recognized national cosmetology professional
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1 association as approved by the commission. The commission's
2 bylaws shall identify qualifying organizations and the manner
3 of appointment if the number of organizations seeking to
4 appoint an ex officio member exceeds the number of members
5 specified in this chapter.
6 (c) The commission may remove any member of the executive
7 committee as provided in the commission's bylaws.
8 Sec. 5. (a) The executive committee shall meet at least annually.
9 (b) Annual executive committee meetings, as well as any
10 executive committee meeting at which it does not take or intend to
11 take formal action on a matter for which a commission vote would
12 otherwise be required, shall be open to the public, except that the
13 executive committee may meet in a closed, nonpublic session of a
14 public meeting when dealing with any of the matters covered under
15 section 7(d) of this chapter.
16 (c) The executive committee shall give five (5) business days
17 advance notice of its public meetings, posted on its website and as
18 determined to provide notice to persons with an interest in the
19 public matters the executive committee intends to address at those
20 meetings.
21 (d) The executive committee may hold an emergency meeting
22 when acting for the commission to:
23 (1) meet an imminent threat to public health, safety, or
24 welfare;
25 (2) prevent a loss of commission or member state funds; or
26 (3) protect public health and safety.
27 Sec. 6. The commission shall adopt and provide to the member
28 states an annual report.
29 Sec. 7. (a) All meetings of the commission that are not closed
30 pursuant to this section shall be open to the public. Notice of public
31 meetings shall be posted on the commission's website at least thirty
32 (30) days prior to the public meeting.
33 (b) Notwithstanding subsection (a), the commission may
34 convene an emergency public meeting by providing at least
35 twenty-four (24) hours prior notice on the commission's website,
36 and any other means as provided in the commission's rules, for any
37 of the reasons it may dispense with notice of proposed rulemaking
38 under IC 25-43.5-11-4. The commission's legal counsel shall certify
39 that one (1) of the reasons justifying an emergency public meeting
40 has been met.
41 (c) Notice of all commission meetings shall provide the time,
42 date, and location of the meeting, and if the meeting is to be held or
HB 1135—LS 6528/DI 153 20
1 accessible via telecommunication, video conference, or other
2 electronic means, the notice shall include the mechanism for access
3 to the meeting.
4 (d) The commission may convene in a closed, nonpublic meeting
5 for the commission to discuss:
6 (1) noncompliance of a member state with its obligations
7 under the compact;
8 (2) the employment, compensation, discipline or other
9 matters, practices, or procedures related to specific employees
10 or other matters related to the commission's internal
11 personnel practices and procedures;
12 (3) current or threatened discipline of a licensee by the
13 commission or by a member state's licensing authority;
14 (4) current, threatened, or reasonably anticipated litigation;
15 (5) negotiation of contracts for the purchase, lease, or sale of
16 goods, services, or real estate;
17 (6) accusing any person of a crime or formally censuring any
18 person;
19 (7) trade secrets or commercial or financial information that
20 is privileged or confidential;
21 (8) information of a personal nature where disclosure would
22 constitute a clearly unwarranted invasion of personal privacy;
23 (9) investigative records compiled for law enforcement
24 purposes;
25 (10) information related to any investigative reports prepared
26 by or on behalf of or for use of the commission or other
27 committee charged with responsibility of investigation or
28 determination of compliance issues pursuant to the compact;
29 (11) legal advice;
30 (12) matters specifically exempted from disclosure to the
31 public by federal or member state law; or
32 (13) other matters as promulgated by the commission by rule.
33 (e) If a meeting, or portion of a meeting, is closed, the presiding
34 officer shall state that the meeting will be closed and reference each
35 relevant exempting provision, and such reference shall be recorded
36 in the minutes.
37 (f) The commission shall keep minutes that fully and clearly
38 describe all matters discussed in a meeting and shall provide a full
39 and accurate summary of actions taken, and the reasons therefore,
40 including a description of the views expressed. All documents
41 considered in connection with an action shall be identified in the
42 minutes. All minutes and documents of a closed meeting shall
HB 1135—LS 6528/DI 153 21
1 remain under seal, subject to release only by a majority vote of the
2 commission or order of a court of competent jurisdiction.
3 Sec. 8. (a) The commission shall pay, or provide for the payment
4 of, the reasonable expenses of its establishment, organization, and
5 ongoing activities.
6 (b) The commission may accept any and all appropriate sources
7 of revenue, donations, and grants of money, equipment, supplies,
8 materials, and services.
9 (c) The commission may levy on and collect an annual
10 assessment from each member state and impose fees on licensees
11 of member states to whom it grants a multistate license to cover the
12 cost of the operations and activities of the commission and its staff,
13 which must be in a total amount sufficient to cover its annual
14 budget as approved each year for which revenue is not provided by
15 other sources. The aggregate annual assessment amount for
16 member states shall be allocated based upon a formula that the
17 commission shall promulgate by rule.
18 (d) The commission shall not incur obligations of any kind prior
19 to securing the funds adequate to meet the obligations; nor shall
20 the commission pledge the credit of any member states, except by
21 and with the authority of the member state.
22 (e) The commission shall keep accurate accounts of all receipts
23 and disbursements. The receipts and disbursements of the
24 commission shall be subject to the financial review and accounting
25 procedures established under its bylaws. All receipts and
26 disbursements of funds handled by the commission shall be subject
27 to an annual financial review by a certified or licensed public
28 accountant, and the report of the financial review shall be included
29 in and become part of the annual report of the commission.
30 Sec. 9. (a) The members, officers, executive director, employees,
31 and representatives of the commission shall be immune from suit
32 and liability, both personally and in their official capacity, for any
33 claim for damage to or loss of property or personal injury or other
34 civil liability caused by or arising out of any actual or alleged act,
35 error, or omission that occurred, or that the person against whom
36 the claim is made had a reasonable basis for believing occurred
37 within the scope of commission employment, duties, or
38 responsibilities; provided that nothing in this subsection shall be
39 construed to protect any such person from suit or liability for any
40 damage, loss, injury, or liability caused by the intentional or willful
41 or wanton misconduct of that person. The procurement of
42 insurance of any type by the commission shall not in any way
HB 1135—LS 6528/DI 153 22
1 compromise or limit the immunity granted under this section.
2 (b) The commission shall defend any member, officer, executive
3 director, employee, and representative of the commission in any
4 civil action seeking to impose liability arising out of any actual or
5 alleged act, error, or omission that occurred within the scope of
6 commission employment, duties, or responsibilities, or as
7 determined by the commission that the person against whom the
8 claim is made had a reasonable basis for believing occurred within
9 the scope of commission employment, duties, or responsibilities;
10 provided that nothing in this subsection shall be construed to
11 prohibit that person from retaining their own counsel at their own
12 expense; and provided further, that the actual or alleged act, error,
13 or omission did not result from that person's intentional or willful
14 or wanton misconduct.
15 (c) The commission shall indemnify and hold harmless any
16 member, officer, executive director, employee, and representative
17 of the commission for the amount of any settlement or judgment
18 obtained against that person arising out of any actual or alleged
19 act, error, or omission that occurred within the scope of
20 commission employment, duties, or responsibilities, or that such
21 person had a reasonable basis for believing occurred within the
22 scope of commission employment, duties, or responsibilities,
23 provided that the actual or alleged act, error, or omission did not
24 result from the intentional or willful or wanton misconduct of that
25 person.
26 (d) Nothing in this article shall be construed as a limitation on
27 the liability of any licensee for professional malpractice or
28 misconduct, which shall be governed solely by any other applicable
29 state laws.
30 (e) Nothing in this compact shall be interpreted to waive or
31 otherwise abrogate a member state's state action immunity or state
32 action affirmative defense with respect to antitrust claims under
33 the Sherman Act (15 U.S.C. 1 et seq.), Clayton Act (15 U.S.C. 12 et
34 seq.), or any other state or federal antitrust or anticompetitive law
35 or regulation.
36 (f) Nothing in this compact shall be construed to be a waiver of
37 sovereign immunity by the member states or by the commission.
38 Chapter 10. Data System
39 Sec. 1. The commission shall provide for the development,
40 maintenance, operation, and utilization of a coordinated database
41 and reporting system.
42 Sec. 2. The commission shall assign each applicant for a
HB 1135—LS 6528/DI 153 23
1 multistate license a unique identifier, as determined by the rules of
2 the commission.
3 Sec. 3. Notwithstanding any other provision of state law to the
4 contrary, a member state shall submit a uniform data set to the
5 data system on all individuals to whom this compact is applicable
6 as required by the rules of the commission, including:
7 (1) identifying information;
8 (2) licensure data;
9 (3) adverse actions against a license and information related
10 to the adverse actions;
11 (4) nonconfidential information related to alternative
12 program participation, the beginning and ending dates of such
13 participation, and other information related to such
14 participation;
15 (5) any denial of application for licensure, and the reason for
16 such denial (excluding the reporting of any criminal history
17 record information where prohibited by law);
18 (6) the existence of investigative information;
19 (7) the existence of current significant investigative
20 information; and
21 (8) other information that may facilitate the administration of
22 this compact or the protection of the public, as determined by
23 the rules of the commission.
24 Sec. 4. The records and information provided to a member state
25 pursuant to this compact or through the data system, when
26 certified by the commission or an agent thereof, shall constitute the
27 authenticated business records of the commission, and shall be
28 entitled to any associated hearsay exception in any relevant
29 judicial, quasi-judicial, or administrative proceedings in a member
30 state.
31 Sec. 5. The existence of current significant investigative
32 information and the existence of investigative information
33 pertaining to a licensee in any member state will only be available
34 to other member states.
35 Sec. 6. It is the responsibility of the member states to monitor
36 the database to determine whether adverse action has been taken
37 against such a licensee or license applicant. Adverse action
38 information pertaining to a licensee or license applicant in any
39 member state will be available to any other member state.
40 Sec. 7. Member states contributing information to the data
41 system may designate information that may not be shared with the
42 public without the express permission of the contributing state.
HB 1135—LS 6528/DI 153 24
1 Sec. 8. Any information submitted to the data system that is
2 subsequently expunged pursuant to federal law or the laws of the
3 member state contributing the information shall be removed from
4 the data system.
5 Chapter 11. Rulemaking
6 Sec. 1. (a) The commission shall promulgate reasonable rules in
7 order to effectively and efficiently implement and administer the
8 purposes and provisions of the compact. A rule shall be invalid and
9 have no force or effect only if a court of competent jurisdiction
10 holds that the rule is invalid because the commission exercised its
11 rulemaking authority in a manner that is beyond the scope and
12 purposes of the compact, or the powers granted under the compact,
13 or based upon another applicable standard of review.
14 (b) The rules of the commission shall have the force of law in
15 each member state, provided however that where the rules of the
16 commission conflict with the laws of the member state that
17 establish the member state's scope of practice laws governing the
18 practice of cosmetology as held by a court of competent
19 jurisdiction, the rules of the commission shall be ineffective in that
20 state to the extent of the conflict.
21 (c) The commission shall exercise its rulemaking powers
22 pursuant to the criteria set forth in this chapter and the rules
23 adopted under this chapter. Rules shall become binding as of the
24 date specified by the commission for each rule.
25 (d) If a majority of the legislatures of the member states rejects
26 a rule or portion of a rule, by enactment of a statute or resolution
27 in the same manner used to adopt the compact within four (4)
28 years of the date of adoption of the rule, then such rule shall have
29 no further force and effect in any member state or to any state
30 applying to participate in the compact.
31 Sec. 2. (a) Rules shall be adopted at a regular or special meeting
32 of the commission.
33 (b) Prior to adoption of a proposed rule, the commission shall
34 hold a public hearing and allow persons to provide oral and
35 written comments, data, facts, opinions, and arguments.
36 (c) Prior to adoption of a proposed rule by the commission, and
37 at least thirty (30) days in advance of the meeting at which the
38 commission will hold a public hearing on the proposed rule, the
39 commission shall provide a notice of proposed rulemaking:
40 (1) on the website of the commission or other publicly
41 accessible platform;
42 (2) to persons who have requested notice of the commission's
HB 1135—LS 6528/DI 153 25
1 notices of proposed rulemaking; and
2 (3) in such other way as the commission may by rule specify.
3 (d) The notice of proposed rulemaking shall include:
4 (1) the time, date, and location of the public hearing at which
5 the commission will hear public comments on the proposed
6 rule and, if different, the time, date, and location of the
7 meeting where the commission will consider and vote on the
8 proposed rule;
9 (2) if the hearing is held via telecommunication, video
10 conference, or other electronic means, the commission shall
11 include the mechanism for access to the hearing in the notice
12 of proposed rulemaking;
13 (3) the text of the proposed rule and the reason for the
14 proposed rule;
15 (4) a request for comments on the proposed rule from any
16 interested person; and
17 (5) the manner in which interested persons may submit
18 written comments.
19 (e) All hearings will be recorded. A copy of the recording and all
20 written comments and documents received by the commission in
21 response to the proposed rule shall be available to the public.
22 Sec. 3. (a) Nothing in this chapter shall be construed as
23 requiring a separate hearing on each rule. Rules may be grouped
24 for the convenience of the commission at hearings required by this
25 chapter.
26 (b) The commission shall, by majority vote of all members, take
27 final action on the proposed rule based on the rulemaking record
28 and the full text of the rule.
29 (c) The commission may adopt changes to the proposed rule
30 provided the changes do not enlarge the original purpose of the
31 proposed rule.
32 (d) The commission shall provide an explanation of the reasons
33 for substantive changes made to the proposed rule as well as
34 reasons for substantive changes not made that were recommended
35 by commenters.
36 (e) The commission shall determine a reasonable effective date
37 for the rule. Except for an emergency as provided in section 4 of
38 this chapter, the effective date of the rule shall be no earlier than
39 forty-five (45) days after the commission issuing the notice that it
40 adopted or amended the rule.
41 Sec. 4. Upon determination that an emergency exists, the
42 commission may consider and adopt an emergency rule with five
HB 1135—LS 6528/DI 153 26
1 (5) days notice, with opportunity to comment, provided that the
2 usual rulemaking procedures provided in the compact and in this
3 chapter shall be retroactively applied to the rule as soon as
4 reasonably possible, in no event later than ninety (90) days after
5 the effective date of the rule. For the purposes of this provision, an
6 emergency rule is one that must be adopted immediately to:
7 (1) meet an imminent threat to public health, safety, or
8 welfare;
9 (2) prevent a loss of commission or member state funds;
10 (3) meet a deadline for the promulgation of a rule that is
11 established by federal law or rule; or
12 (4) protect public health and safety.
13 Sec. 5. The commission or an authorized committee of the
14 commission may direct revisions to a previously adopted rule for
15 purposes of correcting typographical errors, errors in format,
16 errors in consistency, or grammatical errors. Public notice of any
17 revisions shall be posted on the website of the commission. The
18 revision shall be subject to challenge by any person for a period of
19 thirty (30) days after posting. The revision may be challenged only
20 on grounds that the revision results in a material change to a rule.
21 A challenge shall be made in writing and delivered to the
22 commission prior to the end of the notice period. If no challenge is
23 made, the revision will take effect without further action. If the
24 revision is challenged, the revision may not take effect without the
25 approval of the commission.
26 Sec. 6. No member state's rulemaking requirements shall apply
27 under this compact.
28 Chapter 12. Oversight, Dispute Resolution, and Enforcement
29 Sec. 1. (a) The executive and judicial branches of state
30 government in each member state shall enforce this compact and
31 take all actions necessary and appropriate to implement the
32 compact.
33 (b) Venue is proper and judicial proceedings by or against the
34 commission shall be brought solely and exclusively in a court of
35 competent jurisdiction where the principal office of the commission
36 is located. The commission may waive venue and jurisdictional
37 defenses to the extent it adopts or consents to participate in
38 alternative dispute resolution proceedings. Nothing in this
39 subsection shall affect or limit the selection or propriety of venue
40 in any action against a licensee for professional malpractice,
41 misconduct or any such similar matter.
42 (c) The commission shall be entitled to receive service of process
HB 1135—LS 6528/DI 153 27
1 in any proceeding regarding the enforcement or interpretation of
2 the compact and shall have standing to intervene in such a
3 proceeding for all purposes. Failure to provide the commission
4 service of process shall render a judgment or order void as to the
5 commission, this compact, or promulgated rules.
6 Sec. 2. (a) If the commission determines that a member state has
7 defaulted in the performance of its obligations or responsibilities
8 under this compact or the promulgated rules, the commission shall
9 provide written notice to the defaulting state. The notice of default
10 shall describe the default, the proposed means of curing the
11 default, and any other action that the commission may take, and
12 shall offer training and specific technical assistance regarding the
13 default.
14 (b) The commission shall provide a copy of the notice of default
15 to the other member states.
16 (c) If a state in default fails to cure the default, the defaulting
17 state may be terminated from the compact upon an affirmative
18 vote of a majority of the delegates of the member states, and all
19 rights, privileges, and benefits conferred on that state by this
20 compact may be terminated on the effective date of termination. A
21 cure of the default does not relieve the offending state of
22 obligations or liabilities incurred during the period of default.
23 (d) Termination of membership in the compact shall be imposed
24 only after all other means of securing compliance have been
25 exhausted. Notice of intent to suspend or terminate shall be given
26 by the commission to the governor, the majority and minority
27 leaders of the defaulting state's legislature, the defaulting state's
28 state licensing authority, and each of the member states' state
29 licensing authority.
30 (e) A state that has been terminated is responsible for all
31 assessments, obligations, and liabilities incurred through the
32 effective date of termination, including obligations that extend
33 beyond the effective date of termination.
34 (f) Upon the termination of a state's membership from this
35 compact, that state shall immediately provide notice to all licensees
36 who hold a multistate license within that state of such termination.
37 The terminated state shall continue to recognize all licenses
38 granted pursuant to this compact for a minimum of one hundred
39 eighty (180) days after the date of the notice of termination.
40 (g) The commission shall not bear any costs related to a state
41 that is found to be in default or that has been terminated from the
42 compact, unless agreed upon in writing between the commission
HB 1135—LS 6528/DI 153 28
1 and the defaulting state.
2 (h) The defaulting state may appeal the action of the commission
3 by petitioning the United States District Court for the District of
4 Columbia or the federal district where the commission has its
5 principal offices. The prevailing party shall be awarded all costs of
6 such litigation, including reasonable attorney's fees.
7 Sec. 3. (a) Upon request by a member state, the commission
8 shall attempt to resolve disputes related to the compact that arise
9 among member states and between member and nonmember
10 states.
11 (b) The commission shall promulgate a rule providing for both
12 mediation and binding dispute resolution for disputes as
13 appropriate.
14 Sec. 4. (a) The commission, in the reasonable exercise of its
15 discretion, shall enforce the provisions of this compact and the
16 commission's rules.
17 (b) By majority vote as provided by commission rule, the
18 commission may initiate legal action against a member state in
19 default in the United States District Court for the District of
20 Columbia or the federal district where the commission has its
21 principal offices to enforce compliance with the provisions of the
22 compact and its promulgated rules. The relief sought may include
23 both injunctive relief and damages. In the event judicial
24 enforcement is necessary, the prevailing party shall be awarded all
25 costs of such litigation, including reasonable attorney's fees. The
26 remedies in this section shall not be the exclusive remedies of the
27 commission. The commission may pursue any other remedies
28 available under federal or the defaulting member state's law.
29 (c) A member state may initiate legal action against the
30 commission in the United States District Court for the District of
31 Columbia or the federal district where the commission has its
32 principal offices to enforce compliance with the provisions of the
33 compact and its promulgated rules. The relief sought may include
34 both injunctive relief and damages. In the event judicial
35 enforcement is necessary, the prevailing party shall be awarded all
36 costs of such litigation, including reasonable attorney's fees.
37 (d) No individual or entity other than a member state may
38 enforce this compact against the commission.
39 Chapter 13. Effective Date, Withdrawal, and Amendment
40 Sec. 1. The compact shall come into effect on the date on which
41 the compact statute is enacted into law in the seventh member
42 state.
HB 1135—LS 6528/DI 153 29
1 Sec. 2. (a) On or after the effective date of the compact, the
2 commission shall convene and review the enactment of each of the
3 charter member states to determine if the statute enacted by each
4 such charter member state is materially different than the model
5 compact statute.
6 (b) A charter member state whose enactment is found to be
7 materially different from the model compact statute shall be
8 entitled to the default process set forth in IC 25-43.5-12.
9 (c) If any member state is later found to be in default, or is
10 terminated or withdraws from the compact, the commission shall
11 remain in existence and the compact shall remain in effect even if
12 the number of member states should be less than seven (7).
13 (d) Member states enacting the compact subsequent to the
14 charter member states shall be subject to the process set forth in
15 IC 25-43.5-9-3(24) to determine if their enactments are materially
16 different from the model compact statute and whether they qualify
17 for participation in the compact.
18 (e) All actions taken for the benefit of the commission or in
19 furtherance of the purposes of the administration of the compact
20 prior to the effective date of the compact or the commission coming
21 into existence shall be considered to be actions of the commission
22 unless specifically repudiated by the commission.
23 (f) Any state that joins the compact shall be subject to the
24 commission's rules and bylaws as they exist on the date on which
25 the compact becomes law in that state. Any rule that has been
26 previously adopted by the commission shall have the full force and
27 effect of law on the day the compact becomes law in that state.
28 Sec. 3. (a) Any member state may withdraw from this compact
29 by enacting a statute repealing that state's enactment of the
30 compact.
31 (b) A member state's withdrawal shall not take effect until one
32 hundred eighty (180) days after enactment of the repealing statute.
33 (c) Withdrawal shall not affect the continuing requirement of
34 the withdrawing state's state licensing authority to comply with the
35 investigative and adverse action reporting requirements of this
36 compact prior to the effective date of withdrawal.
37 (d) Upon the enactment of a statute withdrawing from this
38 compact, a state shall immediately provide notice of such
39 withdrawal to all licensees within that state. Notwithstanding any
40 subsequent statutory enactment to the contrary, the withdrawing
41 state shall continue to recognize all licenses granted pursuant to
42 this compact for a minimum of one hundred eighty (180) days after
HB 1135—LS 6528/DI 153 30
1 the date of the notice of withdrawal.
2 Sec. 4. Nothing contained in this compact shall be construed to
3 invalidate or prevent any licensure agreement or other cooperative
4 arrangement between a member state and a nonmember state that
5 does not conflict with the provisions of this compact.
6 Sec. 5. This compact may be amended by the member states. No
7 amendment to this compact shall become effective and binding
8 upon any member state until it is enacted into the laws of all
9 member states.
10 Chapter 14. Construction and Severability
11 Sec. 1. The compact and the commission's rulemaking authority
12 shall be liberally construed so as to effectuate the purposes, and the
13 implementation and administration of the compact. Provisions of
14 the compact expressly authorizing or requiring the promulgation
15 of rules shall not be construed to limit the commission's
16 rulemaking authority solely for those purposes.
17 Sec. 2. The provisions of this compact shall be severable and if
18 any phrase, clause, sentence, or provision of this compact is held by
19 a court of competent jurisdiction to be contrary to the constitution
20 of any member state, a state seeking participation in the compact,
21 or of the United States, or the applicability thereof to any
22 government, agency, person, or circumstance is held to be
23 unconstitutional by a court of competent jurisdiction, the validity
24 of the remainder of this compact and the applicability thereof to
25 any other government, agency, person, or circumstance shall not
26 be affected thereby.
27 Sec. 3. Notwithstanding section 2 of this chapter, the commission
28 may deny a state's participation in the compact or, in accordance
29 with the requirements of IC 25-43.5-12, terminate a member state's
30 participation in the compact, if it determines that a constitutional
31 requirement of a member state is a material departure from the
32 compact. Otherwise, if this compact shall be held to be contrary to
33 the constitution of any member state, the compact shall remain in
34 full force and effect as to the remaining member states and in full
35 force and effect as to the member state affected as to all severable
36 matters.
37 Chapter 15. Consistent Effect and Conflict with Other State
38 Laws
39 Sec. 1. (a) Nothing in this article shall prevent or inhibit the
40 enforcement of any other law of a member state that is not
41 inconsistent with the compact.
42 (b) Any laws, statutes, regulations, or other legal requirements
HB 1135—LS 6528/DI 153 31
1 in a member state in conflict with the compact are superseded to
2 the extent of the conflict.
3 (c) All permissible agreements between the commission and the
4 member states are binding in accordance with their terms.
5 SECTION 12. IC 34-30-2.1-391.7 IS ADDED TO THE INDIANA
6 CODE AS A NEW SECTION TO READ AS FOLLOWS
7 [EFFECTIVE JULY 1, 2024]: Sec. 391.7. IC 25-43.5-9-9 (Concerning
8 the members, officers, executive director, employees, and
9 representatives of the cosmetology licensure compact commission).
HB 1135—LS 6528/DI 153 32
COMMITTEE REPORT
Mr. Speaker: Your Committee on Employment, Labor and Pensions,
to which was referred House Bill 1135, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill be amended as follows:
Page 5, after line 41, begin a new paragraph and insert:
"SECTION 10. IC 25-43.5 IS ADDED TO THE INDIANA CODE
AS A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2024]:
ARTICLE 43.5. COSMETOLOGY LICENSURE COMPACT
Chapter 1. Purpose
Sec. 1. The purpose of this compact is to facilitate the interstate
practice and regulation of cosmetology with the goal of improving
public access to, and the safety of, cosmetology services and
reducing unnecessary burdens related to cosmetology licensure.
Through this compact, the member states seek to establish a
regulatory framework which provides for a new multistate
licensing program. Through this new licensing program, the
member states seek to provide increased value and mobility to
licensed cosmetologists in the member states, while ensuring the
provision of safe, effective, and reliable services to the public.
Sec. 2. This compact is designed to achieve the following
objectives, and the member states hereby ratify the same intentions
by adopting this compact:
(1) Provide opportunities for interstate practice by
cosmetologists who meet uniform requirements for multistate
licensure.
(2) Enhance the abilities of member states to protect public
health and safety and prevent fraud and unlicensed activity
within the profession.
(3) Ensure and encourage cooperation between member states
in the licensure and regulation of the practice of cosmetology.
(4) Support relocating military members and their spouses.
(5) Facilitate the exchange of information between member
states related to the licensure, investigation, and discipline of
the practice of cosmetology.
(6) Provide for the licensure and mobility of the workforce in
the profession, while addressing the shortage of workers and
lessening the associated burdens on the member states.
Chapter 2. Definitions
Sec. 0.5. The definitions in this chapter apply throughout this
article, unless the context requires otherwise.
HB 1135—LS 6528/DI 153 33
Sec. 1. "Active military member" means any person with
full-time duty status in the armed forces of the United States,
including members of the national guard and reserve.
Sec. 2. "Adverse action" means any administrative, civil,
equitable, or criminal action permitted by a member state's laws
which is imposed by a state licensing authority or other regulatory
body against a cosmetologist, including actions against an
individual's license or authorization to practice such as revocation,
suspension, probation, monitoring of the licensee, limitation of the
licensee's practice, or any other encumbrance on a license affecting
an individual's ability to participate in the cosmetology industry,
including the issuance of a cease and desist order.
Sec. 3. "Alternative program" means a nondisciplinary
monitoring or prosecutorial diversion program approved by a
member state's state licensing authority.
Sec. 4. "Authorization to practice" means a legal authorization
associated with a multistate license permitting the practice of
cosmetology in that remote state, which shall be subject to the
enforcement jurisdiction of the state licensing authority in that
remote state.
Sec. 5. "Background check" means the submission of
information for an applicant for the purpose of obtaining that
applicant's criminal history record information, as further defined
in 28 CFR 20.3(d), from the Federal Bureau of Investigation and
the agency responsible for retaining state criminal or disciplinary
history in the applicant's home state.
Sec. 6. "Charter member state" means a member state that has
enacted legislation to adopt this compact where such legislation
predates the effective date of this compact as defined in
IC 25-43.5-13.
Sec. 7. "Commission" means the government agency whose
membership consists of all states that have enacted this compact,
which is known as the cosmetology licensure compact commission,
as defined in IC 25-43.5-9, and which shall operate as an
instrumentality of the member states.
Sec. 8. "Cosmetologist" means an individual licensed in their
home state to practice cosmetology.
Sec. 9. "Cosmetology", "cosmetology services", and the
"practice of cosmetology" mean the care and services provided by
a cosmetologist as set forth in the member state's statutes and
regulations in the state where the services are being provided.
Sec. 10. "Current significant investigative information" means
HB 1135—LS 6528/DI 153 34
investigative information that:
(1) a state licensing authority, after an inquiry or investigation
that complies with a member state's due process
requirements, has reason to believe is not groundless and, if
proved true, would indicate a violation of that state's laws
regarding fraud or the practice of cosmetology; or
(2) indicates that a licensee has engaged in fraud or represents
an immediate threat to public health and safety, regardless of
whether the licensee has been notified and had an opportunity
to respond.
Sec. 11. "Data system" means a repository of information about
licensees, including, but not limited to, license status, investigative
information, and adverse actions.
Sec. 12. "Disqualifying event" means any event which shall
disqualify an individual from holding a multistate license under
this compact, which the commission may by rule or order specify.
Sec. 13. "Encumbered license" means a license in which an
adverse action restricts the practice of cosmetology by a licensee,
or where the adverse action has been reported to the commission.
Sec. 14. "Encumbrance" means a revocation or suspension of,
or any limitation on, the full and unrestricted practice of
cosmetology by a state licensing authority.
Sec. 15. "Executive committee" means a group of delegates
elected or appointed to act on behalf of, and within the powers
granted to them by, the commission.
Sec. 16. "Home state" means the member state which is a
licensee's primary state of residence, and where that licensee holds
an active and unencumbered license to practice cosmetology.
Sec. 17. "Investigative information" means information,
records, or documents received or generated by a state licensing
authority pursuant to an investigation or other inquiry.
Sec. 18. "Jurisprudence requirement" means the assessment of
an individual's knowledge of the laws and rules governing the
practice of cosmetology in a state.
Sec. 19. "Licensee" means an individual who currently holds a
license from a member state to practice as a cosmetologist.
Sec. 20. "Member state" means any state that has adopted this
compact.
Sec. 21. "Multistate license" means a license issued by and
subject to the enforcement jurisdiction of the state licensing
authority in a licensee's home state, which authorizes the practice
of cosmetology in member states and includes authorizations to
HB 1135—LS 6528/DI 153 35
practice cosmetology in all remote states pursuant to this compact.
Sec. 22. "Remote state" means any member state, other than the
licensee's home state.
Sec. 23. "Rule" means any rule or regulation promulgated by
the commission under this compact which has the force of law.
Sec. 24. "Single-state license" means a cosmetology license
issued by a member state that authorizes practice of cosmetology
only within the issuing state and does not include any authorization
outside of the issuing state.
Sec. 25. "State" means a state, territory, or possession of the
United States and the District of Columbia.
Sec. 26. "State licensing authority" means a member state's
regulatory body responsible for issuing cosmetology licenses or
otherwise overseeing the practice of cosmetology in that state.
Chapter 3. Member State Requirements
Sec. 1. To be eligible to join this compact, and to maintain
eligibility as a member state, a state must:
(1) license and regulate cosmetology;
(2) have a mechanism or entity in place to receive and
investigate complaints about licensees practicing in that state;
(3) require that licensees within the state pass a cosmetology
competency examination prior to being licensed to provide
cosmetology services to the public in that state;
(4) require that licensees satisfy educational or training
requirements in cosmetology prior to being licensed to
provide cosmetology services to the public in that state;
(5) implement procedures for considering one (1) or more of
the following categories of information from applicants for
licensure: criminal history; disciplinary history; or
background check. Such procedures may include the
submission of information by applicants for the purpose of
obtaining an applicant's background check as defined in this
article;
(6) participate in the data system, including through the use
of unique identifying numbers;
(7) share information related to adverse actions with the
commission and other member states, both through the data
system and otherwise;
(8) notify the commission and other member states, in
compliance with the terms of the compact and rules of the
commission, of the existence of investigative information or
current significant investigative information in the state's
HB 1135—LS 6528/DI 153 36
possession regarding a licensee practicing in that state;
(9) comply with rules enacted by the commission to
administer the compact; and
(10) accept licensees from other member states as established
in this article.
Sec. 2. Member states may charge a fee for granting a license to
practice cosmetology.
Sec. 3. Individuals not residing in a member state shall continue
to be able to apply for a member state's single-state license as
provided under the laws of each member state. However, the
single-state license granted to these individuals shall not be
recognized as granting a multistate license to provide services in
any other member state.
Sec. 4. Nothing in this compact shall affect the requirements
established by a member state for the issuance of a single-state
license.
Sec. 5. A multistate license issued to a licensee by a home state
to a resident of that state shall be recognized by each member state
as authorizing a licensee to practice cosmetology in each member
state.
Sec. 6. At no point shall the commission have the power to
define the educational or professional requirements for a license to
practice cosmetology. The member states shall retain sole
jurisdiction over the provision of these requirements.
Chapter 4. Multistate License
Sec. 1. To be eligible to apply to their home state's state licensing
authority for an initial multistate license under this compact, a
licensee must hold an active and unencumbered single-state license
to practice cosmetology in their home state.
Sec. 2. Upon the receipt of an application for a multistate
license, according to the rules of the commission, a member state's
state licensing authority shall ascertain whether the applicant
meets the requirements for a multistate license under this compact.
Sec. 3. If an applicant meets the requirements for a multistate
license under this compact and any applicable rules of the
commission, the state licensing authority in receipt of the
application shall, within a reasonable time, grant a multistate
license to that applicant, and inform all member states of the grant
of the multistate license.
Sec. 4. A multistate license to practice cosmetology issued by a
member state's state licensing authority shall be recognized by
each member state as authorizing the practice of cosmetology as
HB 1135—LS 6528/DI 153 37
though that licensee held a single-state license to do so in each
member state, subject to the restrictions in this article.
Sec. 5. A multistate license granted pursuant to this compact
may be effective for a definite period of time, concurrent with the
licensure renewal period in the home state.
Sec. 6. To maintain a multistate license under this compact, a
licensee must:
(1) agree to abide by the rules of the state licensing authority,
and the state scope of practice laws governing the practice of
cosmetology, of any member state in which the licensee
provides services;
(2) pay all required fees related to the application and process,
and any other fees which the commission may by rule require;
and
(3) comply with any and all other requirements regarding
multistate licenses which the commission may by rule provide.
Sec. 7. A licensee practicing in a member state is subject to all
scope of practice laws governing cosmetology services in that state.
Sec. 8. The practice of cosmetology under a multistate license
granted pursuant to this compact will subject the licensee to the
jurisdiction of the state licensing authority, the courts, and the laws
of the member state in which the cosmetology services are
provided.
Chapter 5. Reissuance of a Multistate License by a New Home
State
Sec. 1. A licensee may hold a multistate license, issued by their
home state, in only one (1) member state at any given time.
Sec. 2. If a licensee changes their home state by moving between
two (2) member states, the following apply:
(1) The licensee shall immediately apply for the reissuance of
their multistate license in their new home state. The licensee
shall pay all applicable fees and notify the prior home state in
accordance with the rules of the commission.
(2) Upon receipt of an application to reissue a multistate
license, the new home state shall verify that the multistate
license is active, unencumbered, and eligible for reissuance
under the terms of the compact and the rules of the
commission. The multistate license issued by the prior home
state will be deactivated and all member states notified in
accordance with the applicable rules adopted by the
commission.
(3) If required for initial licensure, the new home state may
HB 1135—LS 6528/DI 153 38
require a background check as specified in the laws of that
state or the compliance with any jurisprudence requirements
of the new home state.
(4) Notwithstanding any other provision of this compact, if a
licensee does not meet the requirements set forth in this
compact for the reissuance of a multistate license by the new
home state, then the licensee shall be subject to the new home
state requirements for the issuance of a single-state license in
that state.
Sec. 3. If a licensee changes their primary state of residence by
moving from a member state to a nonmember state, or from a
nonmember state to a member state, then the licensee shall be
subject to the state requirements for the issuance of a single-state
license in the new home state.
Sec. 4. Nothing in this compact shall interfere with a licensee's
ability to hold a single-state license in multiple states. However, for
the purposes of this compact, a licensee shall have only one (1)
home state and only one (1) multistate license.
Sec. 5. Nothing in this compact shall interfere with the
requirements established by a member state for the issuance of a
single-state license.
Chapter 6. Authority of the Compact Commission and Member
State Licensing Authorities
Sec. 1. Nothing in this compact, nor any rule or regulation of the
commission, shall be construed to limit, restrict, or in any way
reduce the ability of a member state to enact and enforce laws,
regulations, or other rules related to the practice of cosmetology in
that state, where those laws, regulations, or other rules are not
inconsistent with the provisions of this compact.
Sec. 2. Insofar as practical, a member state's state licensing
authority shall cooperate with the commission and with each entity
exercising independent regulatory authority over the practice of
cosmetology according to the provisions of this compact.
Sec. 3. Discipline shall be the sole responsibility of the state in
which cosmetology services are provided. Accordingly, each
member state's state licensing authority shall be responsible for
receiving complaints about individuals practicing cosmetology in
that state and for communicating all relevant investigative
information about any such adverse action to the other member
states through the data system in addition to any other methods the
commission may by rule require.
Chapter 7. Adverse Actions
HB 1135—LS 6528/DI 153 39
Sec. 1. A licensee's home state shall have exclusive power to
impose an adverse action against a licensee's multistate license
issued by the home state.
Sec. 2. A home state may take adverse action on a multistate
license based on the investigative information, current significant
investigative information, or adverse action of a remote state.
Sec. 3. In addition to the powers conferred by state law, each
remote state's state licensing authority shall have the power to do
the following:
(1) Take adverse action against a licensee's authorization to
practice cosmetology through the multistate license in that
member state, provided that:
(A) only the licensee's home state shall have the power to
take adverse action against the multistate license issued by
the home state; and
(B) for the purposes of taking adverse action, the home
state's state licensing authority shall give the same priority
and effect to reported conduct received from a remote
state as the home state would if such conduct had occurred
within the home state. In so doing, the home state shall
apply its own state laws to determine the appropriate
action.
(2) Issue cease and desist orders or impose an encumbrance
on a licensee's authorization to practice within that member
state.
(3) Complete any pending investigations of a licensee who
changes their primary state of residence during the course of
such an investigation. The state licensing authority shall also
be empowered to report the results of such an investigation to
the commission through the data system as described in this
article.
(4) Issue subpoenas for both hearings and investigations that
require the attendance and testimony of witnesses, as well as
the production of evidence. Subpoenas issued by a state
licensing authority in a member state for the attendance and
testimony of witnesses or the production of evidence from
another member state shall be enforced in the latter state by
any court of competent jurisdiction, according to the practice
and procedure of that court applicable to subpoenas issued in
proceedings before it. The issuing state licensing authority
shall pay any witness fees, travel expenses, mileage, and other
fees required by the service statutes of the state in which the
HB 1135—LS 6528/DI 153 40
witnesses or evidence are located.
(5) If otherwise permitted by state law, recover from the
affected licensee the costs of investigations and disposition of
cases resulting from any adverse action taken against that
licensee.
(6) Take adverse action against the licensee's authorization to
practice in that state based on the factual findings of another
remote state.
Sec. 4. A licensee's home state shall complete any pending
investigation of a cosmetologist who changes their primary state of
residence during the course of the investigation. The home state
shall also have the authority to take appropriate action and shall
promptly report the conclusions of the investigations to the data
system.
Sec. 5. If an adverse action is taken by the home state against a
licensee's multistate license, the licensee's authorization to practice
in all other member states shall be deactivated until all
encumbrances have been removed from the home state license. All
home state disciplinary orders that impose an adverse action
against a licensee's multistate license shall include a statement that
the cosmetologist's authorization to practice is deactivated in all
member states during the pendency of the order.
Sec. 6. Nothing in this compact shall override a member state's
authority to accept a licensee's participation in an alternative
program in lieu of adverse action. A licensee's multistate license
shall be suspended for the duration of the licensee's participation
in any alternative program.
Sec. 7. (a) In addition to the authority granted to a member state
by its respective scope of practice laws or other applicable state
law, a member state may participate with other member states in
joint investigations of licensees.
(b) Member states shall share any investigative, litigation, or
compliance materials in furtherance of any joint or individual
investigation initiated under the compact.
Chapter 8. Active Military Members and Their Spouses
Sec. 1. Active military members, or their spouses, shall
designate a home state where the individual has a current license
to practice cosmetology in good standing. The individual may
retain their home state designation during any period of service
when that individual or their spouse is on active duty assignment.
Chapter 9. Establishment and Operation of the Cosmetology
Licensure Compact Commission
HB 1135—LS 6528/DI 153 41
Sec. 1. The compact member states create and establish a joint
government agency whose membership consists of all member
states that have enacted the compact known as the cosmetology
licensure compact commission. The commission is an
instrumentality of the compact member states acting jointly and
not an instrumentality of any one (1) state. The commission shall
come into existence on or after the effective date of the compact as
set forth in IC 25-43.5-13.
Sec. 2. (a) Each member state shall have and be limited to one
(1) delegate selected by that member state's state licensing
authority.
(b) The delegate shall be an administrator of the state licensing
authority of the member state or their designee.
(c) The commission shall by rule or bylaw establish a term of
office for delegates and may by rule or bylaw establish term limits.
(d) The commission may recommend removal or suspension of
any delegate from office.
(e) A member state's state licensing authority shall fill any
vacancy of its delegate occurring on the commission within sixty
(60) days of the vacancy.
(f) Each delegate shall be entitled to one (1) vote on all matters
that are voted on by the commission.
(g) The commission shall meet at least once during each
calendar year. Additional meetings may be held as set forth in the
bylaws. The commission may meet by telecommunication, video
conference, or other similar electronic means.
Sec. 3. The commission shall have the following powers:
(1) Establish the fiscal year of the commission.
(2) Establish code of conduct and conflict of interest policies.
(3) Adopt rules and bylaws.
(4) Maintain its financial records in accordance with the
bylaws.
(5) Meet and take such actions as are consistent with the
provisions of this compact, the commission's rules, and the
bylaws.
(6) Initiate and conclude legal proceedings or actions in the
name of the commission, provided that the standing of any
state licensing authority to sue or be sued under applicable
law shall not be affected.
(7) Maintain and certify records and information provided to
a member state as the authenticated business records of the
commission, and designate an agent to do so on the
HB 1135—LS 6528/DI 153 42
commission's behalf.
(8) Purchase and maintain insurance and bonds.
(9) Borrow, accept, or contract for services of personnel,
including, but not limited to, employees of a member state.
(10) Conduct an annual financial review.
(11) Hire employees, elect or appoint officers, fix
compensation, define duties, grant such individuals
appropriate authority to carry out the purposes of the
compact, and establish the commission's personnel policies
and programs relating to conflicts of interest, qualifications
of personnel, and other related personnel matters.
(12) As set forth in the commission rules, charge a fee to a
licensee for the grant of a multistate license and thereafter, as
may be established by commission rule, charge the licensee a
multistate license renewal fee for each renewal period.
Nothing in this article shall be construed to prevent a home
state from charging a licensee a fee for a multistate license or
renewals of a multistate license, or a fee for the jurisprudence
requirement if the member state imposes such a requirement
for the grant of a multistate license.
(13) Assess and collect fees.
(14) Accept any and all appropriate gifts, donations, grants of
money, other sources of revenue, equipment, supplies,
materials, and services, and receive, utilize, and dispose of the
items or services. At all times the commission shall avoid any
appearance of impropriety or conflict of interest when
accepting, receiving, utilizing, or disposing of the items or
services.
(15) Lease, purchase, retain, own, hold, improve, or use any
property, real, personal, or mixed, or any undivided interest
in the property.
(16) Sell, convey, mortgage, pledge, lease, exchange, abandon,
or otherwise dispose of any property real, personal, or mixed.
(17) Establish a budget and make expenditures.
(18) Borrow money.
(19) Appoint committees, including standing committees,
composed of members, state regulators, state legislators or
their representatives, and consumer representatives, and
other interested persons designated in this compact and the
bylaws.
(20) Provide and receive information from, and cooperate
with, law enforcement agencies.
HB 1135—LS 6528/DI 153 43
(21) Elect a chair, vice chair, secretary, and treasurer and
other officers of the commission as provided in the
commission's bylaws.
(22) Establish and elect an executive committee, including a
chair and a vice chair.
(23) Adopt and provide to the member states an annual
report.
(24) Determine whether a state's adopted language is
materially different from the model compact language such
that the state would not qualify for participation in the
compact.
(25) Perform other functions necessary or appropriate to
achieve the purposes of this compact.
Sec. 4. (a) The executive committee shall have the power to act
on behalf of the commission according to the terms of this compact.
The powers, duties, and responsibilities of the executive committee
shall include:
(1) overseeing the day-to-day activities of the administration
of the compact including compliance with the provisions of
the compact, the commission's rules and bylaws, and other
duties deemed necessary;
(2) recommending to the commission changes to the rules or
bylaws, changes to this compact legislation, fees charged to
compact member states, fees charged to licensees, and other
fees;
(3) ensuring compact administration services are
appropriately provided, including by contract;
(4) preparing and recommending the budget;
(5) maintaining financial records on behalf of the commission;
(6) monitoring compact compliance of member states and
providing compliance reports to the commission;
(7) establishing additional committees as necessary;
(8) exercising the powers and duties of the commission during
the interim between commission meetings, except for adopting
or amending rules, adopting or amending bylaws, and
exercising any other powers and duties expressly reserved to
the commission by rule or bylaw; and
(9) other duties as provided in the rules or bylaws of the
commission.
(b) The executive committee shall be composed of up to seven (7)
voting members as follows:
(1) The chair and vice chair of the commission and any other
HB 1135—LS 6528/DI 153 44
members of the commission who serve on the executive
committee shall be voting members of the executive
committee; and
(2) Other than the chair, vice chair, secretary, and treasurer,
the commission shall elect three (3) voting members from the
current membership of the commission.
(3) The commission may elect ex officio, nonvoting members
from a recognized national cosmetology professional
association as approved by the commission. The commission's
bylaws shall identify qualifying organizations and the manner
of appointment if the number of organizations seeking to
appoint an ex officio member exceeds the number of members
specified in this chapter.
(c) The commission may remove any member of the executive
committee as provided in the commission's bylaws.
Sec. 5. (a) The executive committee shall meet at least annually.
(b) Annual executive committee meetings, as well as any
executive committee meeting at which it does not take or intend to
take formal action on a matter for which a commission vote would
otherwise be required, shall be open to the public, except that the
executive committee may meet in a closed, nonpublic session of a
public meeting when dealing with any of the matters covered under
section 7(d) of this chapter.
(c) The executive committee shall give five (5) business days
advance notice of its public meetings, posted on its website and as
determined to provide notice to persons with an interest in the
public matters the executive committee intends to address at those
meetings.
(d) The executive committee may hold an emergency meeting
when acting for the commission to:
(1) meet an imminent threat to public health, safety, or
welfare;
(2) prevent a loss of commission or member state funds; or
(3) protect public health and safety.
Sec. 6. The commission shall adopt and provide to the member
states an annual report.
Sec. 7. (a) All meetings of the commission that are not closed
pursuant to this section shall be open to the public. Notice of public
meetings shall be posted on the commission's website at least thirty
(30) days prior to the public meeting.
(b) Notwithstanding subsection (a), the commission may
convene an emergency public meeting by providing at least
HB 1135—LS 6528/DI 153 45
twenty-four (24) hours prior notice on the commission's website,
and any other means as provided in the commission's rules, for any
of the reasons it may dispense with notice of proposed rulemaking
under IC 25-43.5-11-4. The commission's legal counsel shall certify
that one (1) of the reasons justifying an emergency public meeting
has been met.
(c) Notice of all commission meetings shall provide the time,
date, and location of the meeting, and if the meeting is to be held or
accessible via telecommunication, video conference, or other
electronic means, the notice shall include the mechanism for access
to the meeting.
(d) The commission may convene in a closed, nonpublic meeting
for the commission to discuss:
(1) noncompliance of a member state with its obligations
under the compact;
(2) the employment, compensation, discipline or other
matters, practices, or procedures related to specific employees
or other matters related to the commission's internal
personnel practices and procedures;
(3) current or threatened discipline of a licensee by the
commission or by a member state's licensing authority;
(4) current, threatened, or reasonably anticipated litigation;
(5) negotiation of contracts for the purchase, lease, or sale of
goods, services, or real estate;
(6) accusing any person of a crime or formally censuring any
person;
(7) trade secrets or commercial or financial information that
is privileged or confidential;
(8) information of a personal nature where disclosure would
constitute a clearly unwarranted invasion of personal privacy;
(9) investigative records compiled for law enforcement
purposes;
(10) information related to any investigative reports prepared
by or on behalf of or for use of the commission or other
committee charged with responsibility of investigation or
determination of compliance issues pursuant to the compact;
(11) legal advice;
(12) matters specifically exempted from disclosure to the
public by federal or member state law; or
(13) other matters as promulgated by the commission by rule.
(e) If a meeting, or portion of a meeting, is closed, the presiding
officer shall state that the meeting will be closed and reference each
HB 1135—LS 6528/DI 153 46
relevant exempting provision, and such reference shall be recorded
in the minutes.
(f) The commission shall keep minutes that fully and clearly
describe all matters discussed in a meeting and shall provide a full
and accurate summary of actions taken, and the reasons therefore,
including a description of the views expressed. All documents
considered in connection with an action shall be identified in the
minutes. All minutes and documents of a closed meeting shall
remain under seal, subject to release only by a majority vote of the
commission or order of a court of competent jurisdiction.
Sec. 8. (a) The commission shall pay, or provide for the payment
of, the reasonable expenses of its establishment, organization, and
ongoing activities.
(b) The commission may accept any and all appropriate sources
of revenue, donations, and grants of money, equipment, supplies,
materials, and services.
(c) The commission may levy on and collect an annual
assessment from each member state and impose fees on licensees
of member states to whom it grants a multistate license to cover the
cost of the operations and activities of the commission and its staff,
which must be in a total amount sufficient to cover its annual
budget as approved each year for which revenue is not provided by
other sources. The aggregate annual assessment amount for
member states shall be allocated based upon a formula that the
commission shall promulgate by rule.
(d) The commission shall not incur obligations of any kind prior
to securing the funds adequate to meet the obligations; nor shall
the commission pledge the credit of any member states, except by
and with the authority of the member state.
(e) The commission shall keep accurate accounts of all receipts
and disbursements. The receipts and disbursements of the
commission shall be subject to the financial review and accounting
procedures established under its bylaws. All receipts and
disbursements of funds handled by the commission shall be subject
to an annual financial review by a certified or licensed public
accountant, and the report of the financial review shall be included
in and become part of the annual report of the commission.
Sec. 9. (a) The members, officers, executive director, employees,
and representatives of the commission shall be immune from suit
and liability, both personally and in their official capacity, for any
claim for damage to or loss of property or personal injury or other
civil liability caused by or arising out of any actual or alleged act,
HB 1135—LS 6528/DI 153 47
error, or omission that occurred, or that the person against whom
the claim is made had a reasonable basis for believing occurred
within the scope of commission employment, duties, or
responsibilities; provided that nothing in this subsection shall be
construed to protect any such person from suit or liability for any
damage, loss, injury, or liability caused by the intentional or willful
or wanton misconduct of that person. The procurement of
insurance of any type by the commission shall not in any way
compromise or limit the immunity granted under this section.
(b) The commission shall defend any member, officer, executive
director, employee, and representative of the commission in any
civil action seeking to impose liability arising out of any actual or
alleged act, error, or omission that occurred within the scope of
commission employment, duties, or responsibilities, or as
determined by the commission that the person against whom the
claim is made had a reasonable basis for believing occurred within
the scope of commission employment, duties, or responsibilities;
provided that nothing in this subsection shall be construed to
prohibit that person from retaining their own counsel at their own
expense; and provided further, that the actual or alleged act, error,
or omission did not result from that person's intentional or willful
or wanton misconduct.
(c) The commission shall indemnify and hold harmless any
member, officer, executive director, employee, and representative
of the commission for the amount of any settlement or judgment
obtained against that person arising out of any actual or alleged
act, error, or omission that occurred within the scope of
commission employment, duties, or responsibilities, or that such
person had a reasonable basis for believing occurred within the
scope of commission employment, duties, or responsibilities,
provided that the actual or alleged act, error, or omission did not
result from the intentional or willful or wanton misconduct of that
person.
(d) Nothing in this article shall be construed as a limitation on
the liability of any licensee for professional malpractice or
misconduct, which shall be governed solely by any other applicable
state laws.
(e) Nothing in this compact shall be interpreted to waive or
otherwise abrogate a member state's state action immunity or state
action affirmative defense with respect to antitrust claims under
the Sherman Act (15 U.S.C. 1 et seq.), Clayton Act (15 U.S.C. 12 et
seq.), or any other state or federal antitrust or anticompetitive law
HB 1135—LS 6528/DI 153 48
or regulation.
(f) Nothing in this compact shall be construed to be a waiver of
sovereign immunity by the member states or by the commission.
Chapter 10. Data System
Sec. 1. The commission shall provide for the development,
maintenance, operation, and utilization of a coordinated database
and reporting system.
Sec. 2. The commission shall assign each applicant for a
multistate license a unique identifier, as determined by the rules of
the commission.
Sec. 3. Notwithstanding any other provision of state law to the
contrary, a member state shall submit a uniform data set to the
data system on all individuals to whom this compact is applicable
as required by the rules of the commission, including:
(1) identifying information;
(2) licensure data;
(3) adverse actions against a license and information related
to the adverse actions;
(4) nonconfidential information related to alternative
program participation, the beginning and ending dates of such
participation, and other information related to such
participation;
(5) any denial of application for licensure, and the reason for
such denial (excluding the reporting of any criminal history
record information where prohibited by law);
(6) the existence of investigative information;
(7) the existence of current significant investigative
information; and
(8) other information that may facilitate the administration of
this compact or the protection of the public, as determined by
the rules of the commission.
Sec. 4. The records and information provided to a member state
pursuant to this compact or through the data system, when
certified by the commission or an agent thereof, shall constitute the
authenticated business records of the commission, and shall be
entitled to any associated hearsay exception in any relevant
judicial, quasi-judicial, or administrative proceedings in a member
state.
Sec. 5. The existence of current significant investigative
information and the existence of investigative information
pertaining to a licensee in any member state will only be available
to other member states.
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Sec. 6. It is the responsibility of the member states to monitor
the database to determine whether adverse action has been taken
against such a licensee or license applicant. Adverse action
information pertaining to a licensee or license applicant in any
member state will be available to any other member state.
Sec. 7. Member states contributing information to the data
system may designate information that may not be shared with the
public without the express permission of the contributing state.
Sec. 8. Any information submitted to the data system that is
subsequently expunged pursuant to federal law or the laws of the
member state contributing the information shall be removed from
the data system.
Chapter 11. Rulemaking
Sec. 1. (a) The commission shall promulgate reasonable rules in
order to effectively and efficiently implement and administer the
purposes and provisions of the compact. A rule shall be invalid and
have no force or effect only if a court of competent jurisdiction
holds that the rule is invalid because the commission exercised its
rulemaking authority in a manner that is beyond the scope and
purposes of the compact, or the powers granted under the compact,
or based upon another applicable standard of review.
(b) The rules of the commission shall have the force of law in
each member state, provided however that where the rules of the
commission conflict with the laws of the member state that
establish the member state's scope of practice laws governing the
practice of cosmetology as held by a court of competent
jurisdiction, the rules of the commission shall be ineffective in that
state to the extent of the conflict.
(c) The commission shall exercise its rulemaking powers
pursuant to the criteria set forth in this chapter and the rules
adopted under this chapter. Rules shall become binding as of the
date specified by the commission for each rule.
(d) If a majority of the legislatures of the member states rejects
a rule or portion of a rule, by enactment of a statute or resolution
in the same manner used to adopt the compact within four (4)
years of the date of adoption of the rule, then such rule shall have
no further force and effect in any member state or to any state
applying to participate in the compact.
Sec. 2. (a) Rules shall be adopted at a regular or special meeting
of the commission.
(b) Prior to adoption of a proposed rule, the commission shall
hold a public hearing and allow persons to provide oral and
HB 1135—LS 6528/DI 153 50
written comments, data, facts, opinions, and arguments.
(c) Prior to adoption of a proposed rule by the commission, and
at least thirty (30) days in advance of the meeting at which the
commission will hold a public hearing on the proposed rule, the
commission shall provide a notice of proposed rulemaking:
(1) on the website of the commission or other publicly
accessible platform;
(2) to persons who have requested notice of the commission's
notices of proposed rulemaking; and
(3) in such other way as the commission may by rule specify.
(d) The notice of proposed rulemaking shall include:
(1) the time, date, and location of the public hearing at which
the commission will hear public comments on the proposed
rule and, if different, the time, date, and location of the
meeting where the commission will consider and vote on the
proposed rule;
(2) if the hearing is held via telecommunication, video
conference, or other electronic means, the commission shall
include the mechanism for access to the hearing in the notice
of proposed rulemaking;
(3) the text of the proposed rule and the reason for the
proposed rule;
(4) a request for comments on the proposed rule from any
interested person; and
(5) the manner in which interested persons may submit
written comments.
(e) All hearings will be recorded. A copy of the recording and all
written comments and documents received by the commission in
response to the proposed rule shall be available to the public.
Sec. 3. (a) Nothing in this chapter shall be construed as
requiring a separate hearing on each rule. Rules may be grouped
for the convenience of the commission at hearings required by this
chapter.
(b) The commission shall, by majority vote of all members, take
final action on the proposed rule based on the rulemaking record
and the full text of the rule.
(c) The commission may adopt changes to the proposed rule
provided the changes do not enlarge the original purpose of the
proposed rule.
(d) The commission shall provide an explanation of the reasons
for substantive changes made to the proposed rule as well as
reasons for substantive changes not made that were recommended
HB 1135—LS 6528/DI 153 51
by commenters.
(e) The commission shall determine a reasonable effective date
for the rule. Except for an emergency as provided in section 4 of
this chapter, the effective date of the rule shall be no earlier than
forty-five (45) days after the commission issuing the notice that it
adopted or amended the rule.
Sec. 4. Upon determination that an emergency exists, the
commission may consider and adopt an emergency rule with five
(5) days notice, with opportunity to comment, provided that the
usual rulemaking procedures provided in the compact and in this
chapter shall be retroactively applied to the rule as soon as
reasonably possible, in no event later than ninety (90) days after
the effective date of the rule. For the purposes of this provision, an
emergency rule is one that must be adopted immediately to:
(1) meet an imminent threat to public health, safety, or
welfare;
(2) prevent a loss of commission or member state funds;
(3) meet a deadline for the promulgation of a rule that is
established by federal law or rule; or
(4) protect public health and safety.
Sec. 5. The commission or an authorized committee of the
commission may direct revisions to a previously adopted rule for
purposes of correcting typographical errors, errors in format,
errors in consistency, or grammatical errors. Public notice of any
revisions shall be posted on the website of the commission. The
revision shall be subject to challenge by any person for a period of
thirty (30) days after posting. The revision may be challenged only
on grounds that the revision results in a material change to a rule.
A challenge shall be made in writing and delivered to the
commission prior to the end of the notice period. If no challenge is
made, the revision will take effect without further action. If the
revision is challenged, the revision may not take effect without the
approval of the commission.
Sec. 6. No member state's rulemaking requirements shall apply
under this compact.
Chapter 12. Oversight, Dispute Resolution, and Enforcement
Sec. 1. (a) The executive and judicial branches of state
government in each member state shall enforce this compact and
take all actions necessary and appropriate to implement the
compact.
(b) Venue is proper and judicial proceedings by or against the
commission shall be brought solely and exclusively in a court of
HB 1135—LS 6528/DI 153 52
competent jurisdiction where the principal office of the commission
is located. The commission may waive venue and jurisdictional
defenses to the extent it adopts or consents to participate in
alternative dispute resolution proceedings. Nothing in this
subsection shall affect or limit the selection or propriety of venue
in any action against a licensee for professional malpractice,
misconduct or any such similar matter.
(c) The commission shall be entitled to receive service of process
in any proceeding regarding the enforcement or interpretation of
the compact and shall have standing to intervene in such a
proceeding for all purposes. Failure to provide the commission
service of process shall render a judgment or order void as to the
commission, this compact, or promulgated rules.
Sec. 2. (a) If the commission determines that a member state has
defaulted in the performance of its obligations or responsibilities
under this compact or the promulgated rules, the commission shall
provide written notice to the defaulting state. The notice of default
shall describe the default, the proposed means of curing the
default, and any other action that the commission may take, and
shall offer training and specific technical assistance regarding the
default.
(b) The commission shall provide a copy of the notice of default
to the other member states.
(c) If a state in default fails to cure the default, the defaulting
state may be terminated from the compact upon an affirmative
vote of a majority of the delegates of the member states, and all
rights, privileges, and benefits conferred on that state by this
compact may be terminated on the effective date of termination. A
cure of the default does not relieve the offending state of
obligations or liabilities incurred during the period of default.
(d) Termination of membership in the compact shall be imposed
only after all other means of securing compliance have been
exhausted. Notice of intent to suspend or terminate shall be given
by the commission to the governor, the majority and minority
leaders of the defaulting state's legislature, the defaulting state's
state licensing authority, and each of the member states' state
licensing authority.
(e) A state that has been terminated is responsible for all
assessments, obligations, and liabilities incurred through the
effective date of termination, including obligations that extend
beyond the effective date of termination.
(f) Upon the termination of a state's membership from this
HB 1135—LS 6528/DI 153 53
compact, that state shall immediately provide notice to all licensees
who hold a multistate license within that state of such termination.
The terminated state shall continue to recognize all licenses
granted pursuant to this compact for a minimum of one hundred
eighty (180) days after the date of the notice of termination.
(g) The commission shall not bear any costs related to a state
that is found to be in default or that has been terminated from the
compact, unless agreed upon in writing between the commission
and the defaulting state.
(h) The defaulting state may appeal the action of the commission
by petitioning the United States District Court for the District of
Columbia or the federal district where the commission has its
principal offices. The prevailing party shall be awarded all costs of
such litigation, including reasonable attorney's fees.
Sec. 3. (a) Upon request by a member state, the commission
shall attempt to resolve disputes related to the compact that arise
among member states and between member and nonmember
states.
(b) The commission shall promulgate a rule providing for both
mediation and binding dispute resolution for disputes as
appropriate.
Sec. 4. (a) The commission, in the reasonable exercise of its
discretion, shall enforce the provisions of this compact and the
commission's rules.
(b) By majority vote as provided by commission rule, the
commission may initiate legal action against a member state in
default in the United States District Court for the District of
Columbia or the federal district where the commission has its
principal offices to enforce compliance with the provisions of the
compact and its promulgated rules. The relief sought may include
both injunctive relief and damages. In the event judicial
enforcement is necessary, the prevailing party shall be awarded all
costs of such litigation, including reasonable attorney's fees. The
remedies in this section shall not be the exclusive remedies of the
commission. The commission may pursue any other remedies
available under federal or the defaulting member state's law.
(c) A member state may initiate legal action against the
commission in the United States District Court for the District of
Columbia or the federal district where the commission has its
principal offices to enforce compliance with the provisions of the
compact and its promulgated rules. The relief sought may include
both injunctive relief and damages. In the event judicial
HB 1135—LS 6528/DI 153 54
enforcement is necessary, the prevailing party shall be awarded all
costs of such litigation, including reasonable attorney's fees.
(d) No individual or entity other than a member state may
enforce this compact against the commission.
Chapter 13. Effective Date, Withdrawal, and Amendment
Sec. 1. The compact shall come into effect on the date on which
the compact statute is enacted into law in the seventh member
state.
Sec. 2. (a) On or after the effective date of the compact, the
commission shall convene and review the enactment of each of the
charter member states to determine if the statute enacted by each
such charter member state is materially different than the model
compact statute.
(b) A charter member state whose enactment is found to be
materially different from the model compact statute shall be
entitled to the default process set forth in IC 25-43.5-12.
(c) If any member state is later found to be in default, or is
terminated or withdraws from the compact, the commission shall
remain in existence and the compact shall remain in effect even if
the number of member states should be less than seven (7).
(d) Member states enacting the compact subsequent to the
charter member states shall be subject to the process set forth in
IC 25-43.5-9-3(24) to determine if their enactments are materially
different from the model compact statute and whether they qualify
for participation in the compact.
(e) All actions taken for the benefit of the commission or in
furtherance of the purposes of the administration of the compact
prior to the effective date of the compact or the commission coming
into existence shall be considered to be actions of the commission
unless specifically repudiated by the commission.
(f) Any state that joins the compact shall be subject to the
commission's rules and bylaws as they exist on the date on which
the compact becomes law in that state. Any rule that has been
previously adopted by the commission shall have the full force and
effect of law on the day the compact becomes law in that state.
Sec. 3. (a) Any member state may withdraw from this compact
by enacting a statute repealing that state's enactment of the
compact.
(b) A member state's withdrawal shall not take effect until one
hundred eighty (180) days after enactment of the repealing statute.
(c) Withdrawal shall not affect the continuing requirement of
the withdrawing state's state licensing authority to comply with the
HB 1135—LS 6528/DI 153 55
investigative and adverse action reporting requirements of this
compact prior to the effective date of withdrawal.
(d) Upon the enactment of a statute withdrawing from this
compact, a state shall immediately provide notice of such
withdrawal to all licensees within that state. Notwithstanding any
subsequent statutory enactment to the contrary, the withdrawing
state shall continue to recognize all licenses granted pursuant to
this compact for a minimum of one hundred eighty (180) days after
the date of the notice of withdrawal.
Sec. 4. Nothing contained in this compact shall be construed to
invalidate or prevent any licensure agreement or other cooperative
arrangement between a member state and a nonmember state that
does not conflict with the provisions of this compact.
Sec. 5. This compact may be amended by the member states. No
amendment to this compact shall become effective and binding
upon any member state until it is enacted into the laws of all
member states.
Chapter 14. Construction and Severability
Sec. 1. The compact and the commission's rulemaking authority
shall be liberally construed so as to effectuate the purposes, and the
implementation and administration of the compact. Provisions of
the compact expressly authorizing or requiring the promulgation
of rules shall not be construed to limit the commission's
rulemaking authority solely for those purposes.
Sec. 2. The provisions of this compact shall be severable and if
any phrase, clause, sentence, or provision of this compact is held by
a court of competent jurisdiction to be contrary to the constitution
of any member state, a state seeking participation in the compact,
or of the United States, or the applicability thereof to any
government, agency, person, or circumstance is held to be
unconstitutional by a court of competent jurisdiction, the validity
of the remainder of this compact and the applicability thereof to
any other government, agency, person, or circumstance shall not
be affected thereby.
Sec. 3. Notwithstanding section 2 of this chapter, the commission
may deny a state's participation in the compact or, in accordance
with the requirements of IC 25-43.5-12, terminate a member state's
participation in the compact, if it determines that a constitutional
requirement of a member state is a material departure from the
compact. Otherwise, if this compact shall be held to be contrary to
the constitution of any member state, the compact shall remain in
full force and effect as to the remaining member states and in full
HB 1135—LS 6528/DI 153 56
force and effect as to the member state affected as to all severable
matters.
Chapter 15. Consistent Effect and Conflict with Other State
Laws
Sec. 1. (a) Nothing in this article shall prevent or inhibit the
enforcement of any other law of a member state that is not
inconsistent with the compact.
(b) Any laws, statutes, regulations, or other legal requirements
in a member state in conflict with the compact are superseded to
the extent of the conflict.
(c) All permissible agreements between the commission and the
member states are binding in accordance with their terms.
SECTION 11. IC 34-30-2.1-391.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 391.7. IC 25-43.5-9-9 (Concerning
the members, officers, executive director, employees, and
representatives of the cosmetology licensure compact
commission).".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to HB 1135 as introduced.)
VANNATTER
Committee Vote: yeas 9, nays 3.
_____
COMMITTEE REPORT
Mr. Speaker: Your Committee on Ways and Means, to which was
referred House Bill 1135, has had the same under consideration and
begs leave to report the same back to the House with the
recommendation that said bill be amended as follows:
Page 2, line 5, strike "and".
Page 2, line 6, after "schools;" insert "and
(C) apprenticeship programs;".
Page 2, delete line 39, begin a new line block indented and insert:
"(2) A statement that the cosmetologist has at least five (5)
years of salon experience.
(3) A statement that the cosmetologist has completed a one
hundred (100) hour methodology course.
HB 1135—LS 6528/DI 153 57
(4) A statement that the cosmetologist has successfully passed
the state PSI cosmetology test.".
Page 2, line 40, delete "(3)" and insert "(5)".
Page 2, line 42, delete "(4)" and insert "(6)".
Page 3, delete lines 8 through 12, begin a new line block indented
and insert:
"(2) Ensure that the apprentice will not perform licensed
regulated work on the general public until the after
apprentice has received two hundred (200) hours of technical
training.".
Page 3, delete lines 19 through 23, begin a new paragraph and
insert:
"(e) A cosmetologist may not train more than two (2)
apprentices at any time. Each cosmetologist establishment
may not have more than:
(1) six (6) apprentices as any time; or
(2) three (3) approved cosmetologist licensing apprentices at
any time.".
Page 3, between lines 28 and 29, begin a new paragraph and insert:
"(g) A cosmetology apprentice must complete one thousand five
hundred (1,500) hours of instruction and training which must be
completed in two (2) years.
(h) A cosmetology apprentice may:
(1) transfer to a beauty culture school; and
(2) use each one hour of credit that the cosmetology
apprentice has earned prior to the transfer to the beauty
culture school as one half (1/2) of an hour of credit at the
beauty culture school.
(i) A cosmetology apprenticeship program approval must be
renewed every five (5) years with the board.".
Page 4, between lines 5 and 6, begin a new paragraph and insert:
"SECTION 1. IC 25-8-6-3, AS AMENDED BY P.L.170-2013,
SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 3. (a) The application described in section 2 of
this chapter must state that the applicant:
(1) is at least eighteen (18) years of age;
(2) has graduated from high school or received the equivalent of
a high school education;
(3) holds a cosmetologist, an electrologist, a manicurist, a barber,
or an esthetician license issued under this article;
(4) has completed the education and experience requirements,
subject to subsection (b) and the rules adopted by the board;
HB 1135—LS 6528/DI 153 58
(5) has not committed an act for which the applicant could be
disciplined under IC 25-8-14;
(6) has received a satisfactory grade (as described in IC 25-8-4-9)
on an examination for instructor license applicants prescribed by
the board; and
(7) has paid the fee set forth in IC 25-8-13-4 for the issuance of a
license under this chapter.
(b) In addition to the requirements under subsection (a) and this
chapter, an applicant for a cosmetologist instructor license must
state that the applicant has completed at least one hundred (100)
hours of methodology.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to HB 1135 as printed January 18, 2024.)
THOMPSON
Committee Vote: yeas 22, nays 1.
_____
HOUSE MOTION
Mr. Speaker: I move that House Bill 1135 be amended to read as
follows:
Page 3, line 3, delete "PSI cosmetology test." and insert "board
approved methodology test.".
Page 3, line 15, delete "until the after" and insert "until after the".
Page 3, line 27, delete "as" and insert "at".
Page 3, line 40, after "one" insert "(1)".
Page 3, line 42, delete "one half" and insert "one-half".
Page 4, line 42, delete "cosmetologist" and insert "beauty culture".
Page 5, line 2, after "methodology." insert "An applicant for a
beauty culture instructor license is not required to complete any
methodology in excess of one hundred (100) hours.".
Page 6, line 11, after "provided" insert "in".
Renumber all SECTIONS consecutively.
(Reference is to HB 1135 as printed January 25, 2024.)
WESCO
HB 1135—LS 6528/DI 153