Indiana 2024 Regular Session

Indiana House Bill HB1135 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1135.3
	2	+	Reprinted
	3	+	February 28, 2024
	4	+	ENGROSSED
	5	+	HOUSE BILL No. 1135
	6	+	_____
	7	+	DIGEST OF HB 1135 (Updated February 27, 2024 3:22 pm - DI 153)
	8	+	Citations Affected: IC 25-8; noncode.
	9	+	Synopsis: Cosmetology apprenticeships. Provides that an individual
	10	+	who completes a United States Department of Labor registered
	11	+	apprenticeship program to practice cosmetology may take the
	12	+	cosmetologist licensure examination and, upon passage of the
	13	+	examination, practice as a cosmetologist.
	14	+	Effective: July 1, 2024.
	15	+	Wesco, Pfaff, Criswell, Miller D
	16	+	(SENATE SPONSORS — ROGERS, MAXWELL, DORIOT)
	17	+	January 8, 2024, read first time and referred to Committee on Employment, Labor and
	18	+	Pensions.
	19	+	January 18, 2024, amended, reported — Do Pass. Referred to Committee on Ways and
	20	+	Means pursuant to Rule 127.
	21	+	January 25, 2024, amended, reported — Do Pass.
	22	+	January 30, 2024, read second time, amended, ordered engrossed.
	23	+	January 31, 2024, engrossed. Read third time, passed. Yeas 74, nays 22.
	24	+	SENATE ACTION
	25	+	February 12, 2024, read first time and referred to Committee on Pensions and Labor.
	26	+	February 22, 2024, amended, reported favorably — Do Pass.
	27	+	February 27, 2024, read second time, amended, ordered engrossed.
	28	+	EH 1135—LS 6528/DI 153 Reprinted
	29	+	February 28, 2024
1	30		Second Regular Session of the 123rd General Assembly (2024)
2	31		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	32		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	33		additions will appear in this style type, and deletions will appear in this style type.
5	34		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	35		provision adopted), the text of the new provision will appear in this style type. Also, the
7	36		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	37		a new provision to the Indiana Code or the Indiana Constitution.
9	38		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	39		between statutes enacted by the 2023 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1135
12		-	AN ACT to amend the Indiana Code concerning professions and
13		-	occupations.
	40	+	ENGROSSED
	41	+	HOUSE BILL No. 1135
	42	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	43	+	professions and occupations.
14	44		Be it enacted by the General Assembly of the State of Indiana:
15		-	SECTION 1. IC 25-8-4-7, AS AMENDED BY P.L.170-2013,
	45	+	1 SECTION 1. IC 25-8-4-7, AS AMENDED BY P.L.170-2013,
	46	+	2 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	47	+	3 JULY 1, 2024]: Sec. 7. (a) Each applicant must pass a final practical
	48	+	4 demonstration examination of the acts permitted by the license. The
	49	+	5 applicant's beauty culture school following shall administer the final
	50	+	6 practical demonstration examination:
	51	+	7 (1) The applicant's beauty culture school.
	52	+	8 (2) The program sponsor or employer of the applicant's
	53	+	9 United States Department of Labor registered apprenticeship
	54	+	10 program to practice cosmetology.
	55	+	11 (b) The board shall conduct a written examination of the students
	56	+	12 enrolled in beauty culture school or applicants for a beauty culture
	57	+	13 professional license. The written examinations described in this
	58	+	14 section:
	59	+	15 (1) shall be conducted at the times and places determined by the
	60	+	16 board;
	61	+	17 (2) may be administered through computer based testing;
	62	+	EH 1135—LS 6528/DI 153 2
	63	+	1 (3) may be conducted before graduation from beauty culture
	64	+	2 school; and
	65	+	3 (4) shall be conducted at times set by the board.
	66	+	4 SECTION 2. IC 25-8-9-3, AS AMENDED BY P.L.158-2016,
	67	+	5 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	68	+	6 JULY 1, 2024]: Sec. 3. The application described in section 2 of this
	69	+	7 chapter must state that the applicant:
	70	+	8 (1) is at least seventeen (17) years of age;
	71	+	9 (2) has successfully completed the tenth grade or received the
	72	+	10 equivalent of tenth grade education;
	73	+	11 (3) has graduated from a beauty culture school or completed a
	74	+	12 United States Department of Labor registered apprenticeship
	75	+	13 program to practice cosmetology;
	76	+	14 (4) has received a satisfactory grade (as defined by IC 25-8-4-9)
	77	+	15 on an examination for cosmetologist license applicants prescribed
	78	+	16 by the board;
	79	+	17 (5) has not committed an act for which the applicant could be
	80	+	18 disciplined under IC 25-8-14; and
	81	+	19 (6) has paid the fee set forth in IC 25-8-13-7 for the issuance of a
	82	+	20 license under this chapter.
	83	+	21 SECTION 3. IC 25-8-9-4.5 IS ADDED TO THE INDIANA CODE
	84	+	22 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	85	+	23 1, 2024]: Sec. 4.5. An individual who has completed a United States
	86	+	24 Department of Labor registered apprenticeship program to
	87	+	25 practice cosmetology is eligible to take the examination described
	88	+	26 in section 3(4) of this chapter.
	89	+	27 SECTION 4. [EFFECTIVE JULY 1, 2024] (a) The state board of
	90	+	28 cosmetology and barber examiners shall amend 820 IAC 2-2-3 to
	91	+	29 comply with IC 25-8-9-3, as amended by this act, and IC 25-8-9-4.5,
	92	+	30 as added by this act.
	93	+	31 (b) This SECTION expires July 1, 2026.
	94	+	EH 1135—LS 6528/DI 153 3
	95	+	COMMITTEE REPORT
	96	+	Mr. Speaker: Your Committee on Employment, Labor and Pensions,
	97	+	to which was referred House Bill 1135, has had the same under
	98	+	consideration and begs leave to report the same back to the House with
	99	+	the recommendation that said bill be amended as follows:
	100	+	Page 5, after line 41, begin a new paragraph and insert:
	101	+	"SECTION 10. IC 25-43.5 IS ADDED TO THE INDIANA CODE
	102	+	AS A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY
	103	+	1, 2024]:
	104	+	ARTICLE 43.5. COSMETOLOGY LICENSURE COMPACT
	105	+	Chapter 1. Purpose
	106	+	Sec. 1. The purpose of this compact is to facilitate the interstate
	107	+	practice and regulation of cosmetology with the goal of improving
	108	+	public access to, and the safety of, cosmetology services and
	109	+	reducing unnecessary burdens related to cosmetology licensure.
	110	+	Through this compact, the member states seek to establish a
	111	+	regulatory framework which provides for a new multistate
	112	+	licensing program. Through this new licensing program, the
	113	+	member states seek to provide increased value and mobility to
	114	+	licensed cosmetologists in the member states, while ensuring the
	115	+	provision of safe, effective, and reliable services to the public.
	116	+	Sec. 2. This compact is designed to achieve the following
	117	+	objectives, and the member states hereby ratify the same intentions
	118	+	by adopting this compact:
	119	+	(1) Provide opportunities for interstate practice by
	120	+	cosmetologists who meet uniform requirements for multistate
	121	+	licensure.
	122	+	(2) Enhance the abilities of member states to protect public
	123	+	health and safety and prevent fraud and unlicensed activity
	124	+	within the profession.
	125	+	(3) Ensure and encourage cooperation between member states
	126	+	in the licensure and regulation of the practice of cosmetology.
	127	+	(4) Support relocating military members and their spouses.
	128	+	(5) Facilitate the exchange of information between member
	129	+	states related to the licensure, investigation, and discipline of
	130	+	the practice of cosmetology.
	131	+	(6) Provide for the licensure and mobility of the workforce in
	132	+	the profession, while addressing the shortage of workers and
	133	+	lessening the associated burdens on the member states.
	134	+	Chapter 2. Definitions
	135	+	Sec. 0.5. The definitions in this chapter apply throughout this
	136	+	article, unless the context requires otherwise.
	137	+	EH 1135—LS 6528/DI 153 4
	138	+	Sec. 1. "Active military member" means any person with
	139	+	full-time duty status in the armed forces of the United States,
	140	+	including members of the national guard and reserve.
	141	+	Sec. 2. "Adverse action" means any administrative, civil,
	142	+	equitable, or criminal action permitted by a member state's laws
	143	+	which is imposed by a state licensing authority or other regulatory
	144	+	body against a cosmetologist, including actions against an
	145	+	individual's license or authorization to practice such as revocation,
	146	+	suspension, probation, monitoring of the licensee, limitation of the
	147	+	licensee's practice, or any other encumbrance on a license affecting
	148	+	an individual's ability to participate in the cosmetology industry,
	149	+	including the issuance of a cease and desist order.
	150	+	Sec. 3. "Alternative program" means a nondisciplinary
	151	+	monitoring or prosecutorial diversion program approved by a
	152	+	member state's state licensing authority.
	153	+	Sec. 4. "Authorization to practice" means a legal authorization
	154	+	associated with a multistate license permitting the practice of
	155	+	cosmetology in that remote state, which shall be subject to the
	156	+	enforcement jurisdiction of the state licensing authority in that
	157	+	remote state.
	158	+	Sec. 5. "Background check" means the submission of
	159	+	information for an applicant for the purpose of obtaining that
	160	+	applicant's criminal history record information, as further defined
	161	+	in 28 CFR 20.3(d), from the Federal Bureau of Investigation and
	162	+	the agency responsible for retaining state criminal or disciplinary
	163	+	history in the applicant's home state.
	164	+	Sec. 6. "Charter member state" means a member state that has
	165	+	enacted legislation to adopt this compact where such legislation
	166	+	predates the effective date of this compact as defined in
	167	+	IC 25-43.5-13.
	168	+	Sec. 7. "Commission" means the government agency whose
	169	+	membership consists of all states that have enacted this compact,
	170	+	which is known as the cosmetology licensure compact commission,
	171	+	as defined in IC 25-43.5-9, and which shall operate as an
	172	+	instrumentality of the member states.
	173	+	Sec. 8. "Cosmetologist" means an individual licensed in their
	174	+	home state to practice cosmetology.
	175	+	Sec. 9. "Cosmetology", "cosmetology services", and the
	176	+	"practice of cosmetology" mean the care and services provided by
	177	+	a cosmetologist as set forth in the member state's statutes and
	178	+	regulations in the state where the services are being provided.
	179	+	Sec. 10. "Current significant investigative information" means
	180	+	EH 1135—LS 6528/DI 153 5
	181	+	investigative information that:
	182	+	(1) a state licensing authority, after an inquiry or investigation
	183	+	that complies with a member state's due process
	184	+	requirements, has reason to believe is not groundless and, if
	185	+	proved true, would indicate a violation of that state's laws
	186	+	regarding fraud or the practice of cosmetology; or
	187	+	(2) indicates that a licensee has engaged in fraud or represents
	188	+	an immediate threat to public health and safety, regardless of
	189	+	whether the licensee has been notified and had an opportunity
	190	+	to respond.
	191	+	Sec. 11. "Data system" means a repository of information about
	192	+	licensees, including, but not limited to, license status, investigative
	193	+	information, and adverse actions.
	194	+	Sec. 12. "Disqualifying event" means any event which shall
	195	+	disqualify an individual from holding a multistate license under
	196	+	this compact, which the commission may by rule or order specify.
	197	+	Sec. 13. "Encumbered license" means a license in which an
	198	+	adverse action restricts the practice of cosmetology by a licensee,
	199	+	or where the adverse action has been reported to the commission.
	200	+	Sec. 14. "Encumbrance" means a revocation or suspension of,
	201	+	or any limitation on, the full and unrestricted practice of
	202	+	cosmetology by a state licensing authority.
	203	+	Sec. 15. "Executive committee" means a group of delegates
	204	+	elected or appointed to act on behalf of, and within the powers
	205	+	granted to them by, the commission.
	206	+	Sec. 16. "Home state" means the member state which is a
	207	+	licensee's primary state of residence, and where that licensee holds
	208	+	an active and unencumbered license to practice cosmetology.
	209	+	Sec. 17. "Investigative information" means information,
	210	+	records, or documents received or generated by a state licensing
	211	+	authority pursuant to an investigation or other inquiry.
	212	+	Sec. 18. "Jurisprudence requirement" means the assessment of
	213	+	an individual's knowledge of the laws and rules governing the
	214	+	practice of cosmetology in a state.
	215	+	Sec. 19. "Licensee" means an individual who currently holds a
	216	+	license from a member state to practice as a cosmetologist.
	217	+	Sec. 20. "Member state" means any state that has adopted this
	218	+	compact.
	219	+	Sec. 21. "Multistate license" means a license issued by and
	220	+	subject to the enforcement jurisdiction of the state licensing
	221	+	authority in a licensee's home state, which authorizes the practice
	222	+	of cosmetology in member states and includes authorizations to
	223	+	EH 1135—LS 6528/DI 153 6
	224	+	practice cosmetology in all remote states pursuant to this compact.
	225	+	Sec. 22. "Remote state" means any member state, other than the
	226	+	licensee's home state.
	227	+	Sec. 23. "Rule" means any rule or regulation promulgated by
	228	+	the commission under this compact which has the force of law.
	229	+	Sec. 24. "Single-state license" means a cosmetology license
	230	+	issued by a member state that authorizes practice of cosmetology
	231	+	only within the issuing state and does not include any authorization
	232	+	outside of the issuing state.
	233	+	Sec. 25. "State" means a state, territory, or possession of the
	234	+	United States and the District of Columbia.
	235	+	Sec. 26. "State licensing authority" means a member state's
	236	+	regulatory body responsible for issuing cosmetology licenses or
	237	+	otherwise overseeing the practice of cosmetology in that state.
	238	+	Chapter 3. Member State Requirements
	239	+	Sec. 1. To be eligible to join this compact, and to maintain
	240	+	eligibility as a member state, a state must:
	241	+	(1) license and regulate cosmetology;
	242	+	(2) have a mechanism or entity in place to receive and
	243	+	investigate complaints about licensees practicing in that state;
	244	+	(3) require that licensees within the state pass a cosmetology
	245	+	competency examination prior to being licensed to provide
	246	+	cosmetology services to the public in that state;
	247	+	(4) require that licensees satisfy educational or training
	248	+	requirements in cosmetology prior to being licensed to
	249	+	provide cosmetology services to the public in that state;
	250	+	(5) implement procedures for considering one (1) or more of
	251	+	the following categories of information from applicants for
	252	+	licensure: criminal history; disciplinary history; or
	253	+	background check. Such procedures may include the
	254	+	submission of information by applicants for the purpose of
	255	+	obtaining an applicant's background check as defined in this
	256	+	article;
	257	+	(6) participate in the data system, including through the use
	258	+	of unique identifying numbers;
	259	+	(7) share information related to adverse actions with the
	260	+	commission and other member states, both through the data
	261	+	system and otherwise;
	262	+	(8) notify the commission and other member states, in
	263	+	compliance with the terms of the compact and rules of the
	264	+	commission, of the existence of investigative information or
	265	+	current significant investigative information in the state's
	266	+	EH 1135—LS 6528/DI 153 7
	267	+	possession regarding a licensee practicing in that state;
	268	+	(9) comply with rules enacted by the commission to
	269	+	administer the compact; and
	270	+	(10) accept licensees from other member states as established
	271	+	in this article.
	272	+	Sec. 2. Member states may charge a fee for granting a license to
	273	+	practice cosmetology.
	274	+	Sec. 3. Individuals not residing in a member state shall continue
	275	+	to be able to apply for a member state's single-state license as
	276	+	provided under the laws of each member state. However, the
	277	+	single-state license granted to these individuals shall not be
	278	+	recognized as granting a multistate license to provide services in
	279	+	any other member state.
	280	+	Sec. 4. Nothing in this compact shall affect the requirements
	281	+	established by a member state for the issuance of a single-state
	282	+	license.
	283	+	Sec. 5. A multistate license issued to a licensee by a home state
	284	+	to a resident of that state shall be recognized by each member state
	285	+	as authorizing a licensee to practice cosmetology in each member
	286	+	state.
	287	+	Sec. 6. At no point shall the commission have the power to
	288	+	define the educational or professional requirements for a license to
	289	+	practice cosmetology. The member states shall retain sole
	290	+	jurisdiction over the provision of these requirements.
	291	+	Chapter 4. Multistate License
	292	+	Sec. 1. To be eligible to apply to their home state's state licensing
	293	+	authority for an initial multistate license under this compact, a
	294	+	licensee must hold an active and unencumbered single-state license
	295	+	to practice cosmetology in their home state.
	296	+	Sec. 2. Upon the receipt of an application for a multistate
	297	+	license, according to the rules of the commission, a member state's
	298	+	state licensing authority shall ascertain whether the applicant
	299	+	meets the requirements for a multistate license under this compact.
	300	+	Sec. 3. If an applicant meets the requirements for a multistate
	301	+	license under this compact and any applicable rules of the
	302	+	commission, the state licensing authority in receipt of the
	303	+	application shall, within a reasonable time, grant a multistate
	304	+	license to that applicant, and inform all member states of the grant
	305	+	of the multistate license.
	306	+	Sec. 4. A multistate license to practice cosmetology issued by a
	307	+	member state's state licensing authority shall be recognized by
	308	+	each member state as authorizing the practice of cosmetology as
	309	+	EH 1135—LS 6528/DI 153 8
	310	+	though that licensee held a single-state license to do so in each
	311	+	member state, subject to the restrictions in this article.
	312	+	Sec. 5. A multistate license granted pursuant to this compact
	313	+	may be effective for a definite period of time, concurrent with the
	314	+	licensure renewal period in the home state.
	315	+	Sec. 6. To maintain a multistate license under this compact, a
	316	+	licensee must:
	317	+	(1) agree to abide by the rules of the state licensing authority,
	318	+	and the state scope of practice laws governing the practice of
	319	+	cosmetology, of any member state in which the licensee
	320	+	provides services;
	321	+	(2) pay all required fees related to the application and process,
	322	+	and any other fees which the commission may by rule require;
	323	+	and
	324	+	(3) comply with any and all other requirements regarding
	325	+	multistate licenses which the commission may by rule provide.
	326	+	Sec. 7. A licensee practicing in a member state is subject to all
	327	+	scope of practice laws governing cosmetology services in that state.
	328	+	Sec. 8. The practice of cosmetology under a multistate license
	329	+	granted pursuant to this compact will subject the licensee to the
	330	+	jurisdiction of the state licensing authority, the courts, and the laws
	331	+	of the member state in which the cosmetology services are
	332	+	provided.
	333	+	Chapter 5. Reissuance of a Multistate License by a New Home
	334	+	State
	335	+	Sec. 1. A licensee may hold a multistate license, issued by their
	336	+	home state, in only one (1) member state at any given time.
	337	+	Sec. 2. If a licensee changes their home state by moving between
	338	+	two (2) member states, the following apply:
	339	+	(1) The licensee shall immediately apply for the reissuance of
	340	+	their multistate license in their new home state. The licensee
	341	+	shall pay all applicable fees and notify the prior home state in
	342	+	accordance with the rules of the commission.
	343	+	(2) Upon receipt of an application to reissue a multistate
	344	+	license, the new home state shall verify that the multistate
	345	+	license is active, unencumbered, and eligible for reissuance
	346	+	under the terms of the compact and the rules of the
	347	+	commission. The multistate license issued by the prior home
	348	+	state will be deactivated and all member states notified in
	349	+	accordance with the applicable rules adopted by the
	350	+	commission.
	351	+	(3) If required for initial licensure, the new home state may
	352	+	EH 1135—LS 6528/DI 153 9
	353	+	require a background check as specified in the laws of that
	354	+	state or the compliance with any jurisprudence requirements
	355	+	of the new home state.
	356	+	(4) Notwithstanding any other provision of this compact, if a
	357	+	licensee does not meet the requirements set forth in this
	358	+	compact for the reissuance of a multistate license by the new
	359	+	home state, then the licensee shall be subject to the new home
	360	+	state requirements for the issuance of a single-state license in
	361	+	that state.
	362	+	Sec. 3. If a licensee changes their primary state of residence by
	363	+	moving from a member state to a nonmember state, or from a
	364	+	nonmember state to a member state, then the licensee shall be
	365	+	subject to the state requirements for the issuance of a single-state
	366	+	license in the new home state.
	367	+	Sec. 4. Nothing in this compact shall interfere with a licensee's
	368	+	ability to hold a single-state license in multiple states. However, for
	369	+	the purposes of this compact, a licensee shall have only one (1)
	370	+	home state and only one (1) multistate license.
	371	+	Sec. 5. Nothing in this compact shall interfere with the
	372	+	requirements established by a member state for the issuance of a
	373	+	single-state license.
	374	+	Chapter 6. Authority of the Compact Commission and Member
	375	+	State Licensing Authorities
	376	+	Sec. 1. Nothing in this compact, nor any rule or regulation of the
	377	+	commission, shall be construed to limit, restrict, or in any way
	378	+	reduce the ability of a member state to enact and enforce laws,
	379	+	regulations, or other rules related to the practice of cosmetology in
	380	+	that state, where those laws, regulations, or other rules are not
	381	+	inconsistent with the provisions of this compact.
	382	+	Sec. 2. Insofar as practical, a member state's state licensing
	383	+	authority shall cooperate with the commission and with each entity
	384	+	exercising independent regulatory authority over the practice of
	385	+	cosmetology according to the provisions of this compact.
	386	+	Sec. 3. Discipline shall be the sole responsibility of the state in
	387	+	which cosmetology services are provided. Accordingly, each
	388	+	member state's state licensing authority shall be responsible for
	389	+	receiving complaints about individuals practicing cosmetology in
	390	+	that state and for communicating all relevant investigative
	391	+	information about any such adverse action to the other member
	392	+	states through the data system in addition to any other methods the
	393	+	commission may by rule require.
	394	+	Chapter 7. Adverse Actions
	395	+	EH 1135—LS 6528/DI 153 10
	396	+	Sec. 1. A licensee's home state shall have exclusive power to
	397	+	impose an adverse action against a licensee's multistate license
	398	+	issued by the home state.
	399	+	Sec. 2. A home state may take adverse action on a multistate
	400	+	license based on the investigative information, current significant
	401	+	investigative information, or adverse action of a remote state.
	402	+	Sec. 3. In addition to the powers conferred by state law, each
	403	+	remote state's state licensing authority shall have the power to do
	404	+	the following:
	405	+	(1) Take adverse action against a licensee's authorization to
	406	+	practice cosmetology through the multistate license in that
	407	+	member state, provided that:
	408	+	(A) only the licensee's home state shall have the power to
	409	+	take adverse action against the multistate license issued by
	410	+	the home state; and
	411	+	(B) for the purposes of taking adverse action, the home
	412	+	state's state licensing authority shall give the same priority
	413	+	and effect to reported conduct received from a remote
	414	+	state as the home state would if such conduct had occurred
	415	+	within the home state. In so doing, the home state shall
	416	+	apply its own state laws to determine the appropriate
	417	+	action.
	418	+	(2) Issue cease and desist orders or impose an encumbrance
	419	+	on a licensee's authorization to practice within that member
	420	+	state.
	421	+	(3) Complete any pending investigations of a licensee who
	422	+	changes their primary state of residence during the course of
	423	+	such an investigation. The state licensing authority shall also
	424	+	be empowered to report the results of such an investigation to
	425	+	the commission through the data system as described in this
	426	+	article.
	427	+	(4) Issue subpoenas for both hearings and investigations that
	428	+	require the attendance and testimony of witnesses, as well as
	429	+	the production of evidence. Subpoenas issued by a state
	430	+	licensing authority in a member state for the attendance and
	431	+	testimony of witnesses or the production of evidence from
	432	+	another member state shall be enforced in the latter state by
	433	+	any court of competent jurisdiction, according to the practice
	434	+	and procedure of that court applicable to subpoenas issued in
	435	+	proceedings before it. The issuing state licensing authority
	436	+	shall pay any witness fees, travel expenses, mileage, and other
	437	+	fees required by the service statutes of the state in which the
	438	+	EH 1135—LS 6528/DI 153 11
	439	+	witnesses or evidence are located.
	440	+	(5) If otherwise permitted by state law, recover from the
	441	+	affected licensee the costs of investigations and disposition of
	442	+	cases resulting from any adverse action taken against that
	443	+	licensee.
	444	+	(6) Take adverse action against the licensee's authorization to
	445	+	practice in that state based on the factual findings of another
	446	+	remote state.
	447	+	Sec. 4. A licensee's home state shall complete any pending
	448	+	investigation of a cosmetologist who changes their primary state of
	449	+	residence during the course of the investigation. The home state
	450	+	shall also have the authority to take appropriate action and shall
	451	+	promptly report the conclusions of the investigations to the data
	452	+	system.
	453	+	Sec. 5. If an adverse action is taken by the home state against a
	454	+	licensee's multistate license, the licensee's authorization to practice
	455	+	in all other member states shall be deactivated until all
	456	+	encumbrances have been removed from the home state license. All
	457	+	home state disciplinary orders that impose an adverse action
	458	+	against a licensee's multistate license shall include a statement that
	459	+	the cosmetologist's authorization to practice is deactivated in all
	460	+	member states during the pendency of the order.
	461	+	Sec. 6. Nothing in this compact shall override a member state's
	462	+	authority to accept a licensee's participation in an alternative
	463	+	program in lieu of adverse action. A licensee's multistate license
	464	+	shall be suspended for the duration of the licensee's participation
	465	+	in any alternative program.
	466	+	Sec. 7. (a) In addition to the authority granted to a member state
	467	+	by its respective scope of practice laws or other applicable state
	468	+	law, a member state may participate with other member states in
	469	+	joint investigations of licensees.
	470	+	(b) Member states shall share any investigative, litigation, or
	471	+	compliance materials in furtherance of any joint or individual
	472	+	investigation initiated under the compact.
	473	+	Chapter 8. Active Military Members and Their Spouses
	474	+	Sec. 1. Active military members, or their spouses, shall
	475	+	designate a home state where the individual has a current license
	476	+	to practice cosmetology in good standing. The individual may
	477	+	retain their home state designation during any period of service
	478	+	when that individual or their spouse is on active duty assignment.
	479	+	Chapter 9. Establishment and Operation of the Cosmetology
	480	+	Licensure Compact Commission
	481	+	EH 1135—LS 6528/DI 153 12
	482	+	Sec. 1. The compact member states create and establish a joint
	483	+	government agency whose membership consists of all member
	484	+	states that have enacted the compact known as the cosmetology
	485	+	licensure compact commission. The commission is an
	486	+	instrumentality of the compact member states acting jointly and
	487	+	not an instrumentality of any one (1) state. The commission shall
	488	+	come into existence on or after the effective date of the compact as
	489	+	set forth in IC 25-43.5-13.
	490	+	Sec. 2. (a) Each member state shall have and be limited to one
	491	+	(1) delegate selected by that member state's state licensing
	492	+	authority.
	493	+	(b) The delegate shall be an administrator of the state licensing
	494	+	authority of the member state or their designee.
	495	+	(c) The commission shall by rule or bylaw establish a term of
	496	+	office for delegates and may by rule or bylaw establish term limits.
	497	+	(d) The commission may recommend removal or suspension of
	498	+	any delegate from office.
	499	+	(e) A member state's state licensing authority shall fill any
	500	+	vacancy of its delegate occurring on the commission within sixty
	501	+	(60) days of the vacancy.
	502	+	(f) Each delegate shall be entitled to one (1) vote on all matters
	503	+	that are voted on by the commission.
	504	+	(g) The commission shall meet at least once during each
	505	+	calendar year. Additional meetings may be held as set forth in the
	506	+	bylaws. The commission may meet by telecommunication, video
	507	+	conference, or other similar electronic means.
	508	+	Sec. 3. The commission shall have the following powers:
	509	+	(1) Establish the fiscal year of the commission.
	510	+	(2) Establish code of conduct and conflict of interest policies.
	511	+	(3) Adopt rules and bylaws.
	512	+	(4) Maintain its financial records in accordance with the
	513	+	bylaws.
	514	+	(5) Meet and take such actions as are consistent with the
	515	+	provisions of this compact, the commission's rules, and the
	516	+	bylaws.
	517	+	(6) Initiate and conclude legal proceedings or actions in the
	518	+	name of the commission, provided that the standing of any
	519	+	state licensing authority to sue or be sued under applicable
	520	+	law shall not be affected.
	521	+	(7) Maintain and certify records and information provided to
	522	+	a member state as the authenticated business records of the
	523	+	commission, and designate an agent to do so on the
	524	+	EH 1135—LS 6528/DI 153 13
	525	+	commission's behalf.
	526	+	(8) Purchase and maintain insurance and bonds.
	527	+	(9) Borrow, accept, or contract for services of personnel,
	528	+	including, but not limited to, employees of a member state.
	529	+	(10) Conduct an annual financial review.
	530	+	(11) Hire employees, elect or appoint officers, fix
	531	+	compensation, define duties, grant such individuals
	532	+	appropriate authority to carry out the purposes of the
	533	+	compact, and establish the commission's personnel policies
	534	+	and programs relating to conflicts of interest, qualifications
	535	+	of personnel, and other related personnel matters.
	536	+	(12) As set forth in the commission rules, charge a fee to a
	537	+	licensee for the grant of a multistate license and thereafter, as
	538	+	may be established by commission rule, charge the licensee a
	539	+	multistate license renewal fee for each renewal period.
	540	+	Nothing in this article shall be construed to prevent a home
	541	+	state from charging a licensee a fee for a multistate license or
	542	+	renewals of a multistate license, or a fee for the jurisprudence
	543	+	requirement if the member state imposes such a requirement
	544	+	for the grant of a multistate license.
	545	+	(13) Assess and collect fees.
	546	+	(14) Accept any and all appropriate gifts, donations, grants of
	547	+	money, other sources of revenue, equipment, supplies,
	548	+	materials, and services, and receive, utilize, and dispose of the
	549	+	items or services. At all times the commission shall avoid any
	550	+	appearance of impropriety or conflict of interest when
	551	+	accepting, receiving, utilizing, or disposing of the items or
	552	+	services.
	553	+	(15) Lease, purchase, retain, own, hold, improve, or use any
	554	+	property, real, personal, or mixed, or any undivided interest
	555	+	in the property.
	556	+	(16) Sell, convey, mortgage, pledge, lease, exchange, abandon,
	557	+	or otherwise dispose of any property real, personal, or mixed.
	558	+	(17) Establish a budget and make expenditures.
	559	+	(18) Borrow money.
	560	+	(19) Appoint committees, including standing committees,
	561	+	composed of members, state regulators, state legislators or
	562	+	their representatives, and consumer representatives, and
	563	+	other interested persons designated in this compact and the
	564	+	bylaws.
	565	+	(20) Provide and receive information from, and cooperate
	566	+	with, law enforcement agencies.
	567	+	EH 1135—LS 6528/DI 153 14
	568	+	(21) Elect a chair, vice chair, secretary, and treasurer and
	569	+	other officers of the commission as provided in the
	570	+	commission's bylaws.
	571	+	(22) Establish and elect an executive committee, including a
	572	+	chair and a vice chair.
	573	+	(23) Adopt and provide to the member states an annual
	574	+	report.
	575	+	(24) Determine whether a state's adopted language is
	576	+	materially different from the model compact language such
	577	+	that the state would not qualify for participation in the
	578	+	compact.
	579	+	(25) Perform other functions necessary or appropriate to
	580	+	achieve the purposes of this compact.
	581	+	Sec. 4. (a) The executive committee shall have the power to act
	582	+	on behalf of the commission according to the terms of this compact.
	583	+	The powers, duties, and responsibilities of the executive committee
	584	+	shall include:
	585	+	(1) overseeing the day-to-day activities of the administration
	586	+	of the compact including compliance with the provisions of
	587	+	the compact, the commission's rules and bylaws, and other
	588	+	duties deemed necessary;
	589	+	(2) recommending to the commission changes to the rules or
	590	+	bylaws, changes to this compact legislation, fees charged to
	591	+	compact member states, fees charged to licensees, and other
	592	+	fees;
	593	+	(3) ensuring compact administration services are
	594	+	appropriately provided, including by contract;
	595	+	(4) preparing and recommending the budget;
	596	+	(5) maintaining financial records on behalf of the commission;
	597	+	(6) monitoring compact compliance of member states and
	598	+	providing compliance reports to the commission;
	599	+	(7) establishing additional committees as necessary;
	600	+	(8) exercising the powers and duties of the commission during
	601	+	the interim between commission meetings, except for adopting
	602	+	or amending rules, adopting or amending bylaws, and
	603	+	exercising any other powers and duties expressly reserved to
	604	+	the commission by rule or bylaw; and
	605	+	(9) other duties as provided in the rules or bylaws of the
	606	+	commission.
	607	+	(b) The executive committee shall be composed of up to seven (7)
	608	+	voting members as follows:
	609	+	(1) The chair and vice chair of the commission and any other
	610	+	EH 1135—LS 6528/DI 153 15
	611	+	members of the commission who serve on the executive
	612	+	committee shall be voting members of the executive
	613	+	committee; and
	614	+	(2) Other than the chair, vice chair, secretary, and treasurer,
	615	+	the commission shall elect three (3) voting members from the
	616	+	current membership of the commission.
	617	+	(3) The commission may elect ex officio, nonvoting members
	618	+	from a recognized national cosmetology professional
	619	+	association as approved by the commission. The commission's
	620	+	bylaws shall identify qualifying organizations and the manner
	621	+	of appointment if the number of organizations seeking to
	622	+	appoint an ex officio member exceeds the number of members
	623	+	specified in this chapter.
	624	+	(c) The commission may remove any member of the executive
	625	+	committee as provided in the commission's bylaws.
	626	+	Sec. 5. (a) The executive committee shall meet at least annually.
	627	+	(b) Annual executive committee meetings, as well as any
	628	+	executive committee meeting at which it does not take or intend to
	629	+	take formal action on a matter for which a commission vote would
	630	+	otherwise be required, shall be open to the public, except that the
	631	+	executive committee may meet in a closed, nonpublic session of a
	632	+	public meeting when dealing with any of the matters covered under
	633	+	section 7(d) of this chapter.
	634	+	(c) The executive committee shall give five (5) business days
	635	+	advance notice of its public meetings, posted on its website and as
	636	+	determined to provide notice to persons with an interest in the
	637	+	public matters the executive committee intends to address at those
	638	+	meetings.
	639	+	(d) The executive committee may hold an emergency meeting
	640	+	when acting for the commission to:
	641	+	(1) meet an imminent threat to public health, safety, or
	642	+	welfare;
	643	+	(2) prevent a loss of commission or member state funds; or
	644	+	(3) protect public health and safety.
	645	+	Sec. 6. The commission shall adopt and provide to the member
	646	+	states an annual report.
	647	+	Sec. 7. (a) All meetings of the commission that are not closed
	648	+	pursuant to this section shall be open to the public. Notice of public
	649	+	meetings shall be posted on the commission's website at least thirty
	650	+	(30) days prior to the public meeting.
	651	+	(b) Notwithstanding subsection (a), the commission may
	652	+	convene an emergency public meeting by providing at least
	653	+	EH 1135—LS 6528/DI 153 16
	654	+	twenty-four (24) hours prior notice on the commission's website,
	655	+	and any other means as provided in the commission's rules, for any
	656	+	of the reasons it may dispense with notice of proposed rulemaking
	657	+	under IC 25-43.5-11-4. The commission's legal counsel shall certify
	658	+	that one (1) of the reasons justifying an emergency public meeting
	659	+	has been met.
	660	+	(c) Notice of all commission meetings shall provide the time,
	661	+	date, and location of the meeting, and if the meeting is to be held or
	662	+	accessible via telecommunication, video conference, or other
	663	+	electronic means, the notice shall include the mechanism for access
	664	+	to the meeting.
	665	+	(d) The commission may convene in a closed, nonpublic meeting
	666	+	for the commission to discuss:
	667	+	(1) noncompliance of a member state with its obligations
	668	+	under the compact;
	669	+	(2) the employment, compensation, discipline or other
	670	+	matters, practices, or procedures related to specific employees
	671	+	or other matters related to the commission's internal
	672	+	personnel practices and procedures;
	673	+	(3) current or threatened discipline of a licensee by the
	674	+	commission or by a member state's licensing authority;
	675	+	(4) current, threatened, or reasonably anticipated litigation;
	676	+	(5) negotiation of contracts for the purchase, lease, or sale of
	677	+	goods, services, or real estate;
	678	+	(6) accusing any person of a crime or formally censuring any
	679	+	person;
	680	+	(7) trade secrets or commercial or financial information that
	681	+	is privileged or confidential;
	682	+	(8) information of a personal nature where disclosure would
	683	+	constitute a clearly unwarranted invasion of personal privacy;
	684	+	(9) investigative records compiled for law enforcement
	685	+	purposes;
	686	+	(10) information related to any investigative reports prepared
	687	+	by or on behalf of or for use of the commission or other
	688	+	committee charged with responsibility of investigation or
	689	+	determination of compliance issues pursuant to the compact;
	690	+	(11) legal advice;
	691	+	(12) matters specifically exempted from disclosure to the
	692	+	public by federal or member state law; or
	693	+	(13) other matters as promulgated by the commission by rule.
	694	+	(e) If a meeting, or portion of a meeting, is closed, the presiding
	695	+	officer shall state that the meeting will be closed and reference each
	696	+	EH 1135—LS 6528/DI 153 17
	697	+	relevant exempting provision, and such reference shall be recorded
	698	+	in the minutes.
	699	+	(f) The commission shall keep minutes that fully and clearly
	700	+	describe all matters discussed in a meeting and shall provide a full
	701	+	and accurate summary of actions taken, and the reasons therefore,
	702	+	including a description of the views expressed. All documents
	703	+	considered in connection with an action shall be identified in the
	704	+	minutes. All minutes and documents of a closed meeting shall
	705	+	remain under seal, subject to release only by a majority vote of the
	706	+	commission or order of a court of competent jurisdiction.
	707	+	Sec. 8. (a) The commission shall pay, or provide for the payment
	708	+	of, the reasonable expenses of its establishment, organization, and
	709	+	ongoing activities.
	710	+	(b) The commission may accept any and all appropriate sources
	711	+	of revenue, donations, and grants of money, equipment, supplies,
	712	+	materials, and services.
	713	+	(c) The commission may levy on and collect an annual
	714	+	assessment from each member state and impose fees on licensees
	715	+	of member states to whom it grants a multistate license to cover the
	716	+	cost of the operations and activities of the commission and its staff,
	717	+	which must be in a total amount sufficient to cover its annual
	718	+	budget as approved each year for which revenue is not provided by
	719	+	other sources. The aggregate annual assessment amount for
	720	+	member states shall be allocated based upon a formula that the
	721	+	commission shall promulgate by rule.
	722	+	(d) The commission shall not incur obligations of any kind prior
	723	+	to securing the funds adequate to meet the obligations; nor shall
	724	+	the commission pledge the credit of any member states, except by
	725	+	and with the authority of the member state.
	726	+	(e) The commission shall keep accurate accounts of all receipts
	727	+	and disbursements. The receipts and disbursements of the
	728	+	commission shall be subject to the financial review and accounting
	729	+	procedures established under its bylaws. All receipts and
	730	+	disbursements of funds handled by the commission shall be subject
	731	+	to an annual financial review by a certified or licensed public
	732	+	accountant, and the report of the financial review shall be included
	733	+	in and become part of the annual report of the commission.
	734	+	Sec. 9. (a) The members, officers, executive director, employees,
	735	+	and representatives of the commission shall be immune from suit
	736	+	and liability, both personally and in their official capacity, for any
	737	+	claim for damage to or loss of property or personal injury or other
	738	+	civil liability caused by or arising out of any actual or alleged act,
	739	+	EH 1135—LS 6528/DI 153 18
	740	+	error, or omission that occurred, or that the person against whom
	741	+	the claim is made had a reasonable basis for believing occurred
	742	+	within the scope of commission employment, duties, or
	743	+	responsibilities; provided that nothing in this subsection shall be
	744	+	construed to protect any such person from suit or liability for any
	745	+	damage, loss, injury, or liability caused by the intentional or willful
	746	+	or wanton misconduct of that person. The procurement of
	747	+	insurance of any type by the commission shall not in any way
	748	+	compromise or limit the immunity granted under this section.
	749	+	(b) The commission shall defend any member, officer, executive
	750	+	director, employee, and representative of the commission in any
	751	+	civil action seeking to impose liability arising out of any actual or
	752	+	alleged act, error, or omission that occurred within the scope of
	753	+	commission employment, duties, or responsibilities, or as
	754	+	determined by the commission that the person against whom the
	755	+	claim is made had a reasonable basis for believing occurred within
	756	+	the scope of commission employment, duties, or responsibilities;
	757	+	provided that nothing in this subsection shall be construed to
	758	+	prohibit that person from retaining their own counsel at their own
	759	+	expense; and provided further, that the actual or alleged act, error,
	760	+	or omission did not result from that person's intentional or willful
	761	+	or wanton misconduct.
	762	+	(c) The commission shall indemnify and hold harmless any
	763	+	member, officer, executive director, employee, and representative
	764	+	of the commission for the amount of any settlement or judgment
	765	+	obtained against that person arising out of any actual or alleged
	766	+	act, error, or omission that occurred within the scope of
	767	+	commission employment, duties, or responsibilities, or that such
	768	+	person had a reasonable basis for believing occurred within the
	769	+	scope of commission employment, duties, or responsibilities,
	770	+	provided that the actual or alleged act, error, or omission did not
	771	+	result from the intentional or willful or wanton misconduct of that
	772	+	person.
	773	+	(d) Nothing in this article shall be construed as a limitation on
	774	+	the liability of any licensee for professional malpractice or
	775	+	misconduct, which shall be governed solely by any other applicable
	776	+	state laws.
	777	+	(e) Nothing in this compact shall be interpreted to waive or
	778	+	otherwise abrogate a member state's state action immunity or state
	779	+	action affirmative defense with respect to antitrust claims under
	780	+	the Sherman Act (15 U.S.C. 1 et seq.), Clayton Act (15 U.S.C. 12 et
	781	+	seq.), or any other state or federal antitrust or anticompetitive law
	782	+	EH 1135—LS 6528/DI 153 19
	783	+	or regulation.
	784	+	(f) Nothing in this compact shall be construed to be a waiver of
	785	+	sovereign immunity by the member states or by the commission.
	786	+	Chapter 10. Data System
	787	+	Sec. 1. The commission shall provide for the development,
	788	+	maintenance, operation, and utilization of a coordinated database
	789	+	and reporting system.
	790	+	Sec. 2. The commission shall assign each applicant for a
	791	+	multistate license a unique identifier, as determined by the rules of
	792	+	the commission.
	793	+	Sec. 3. Notwithstanding any other provision of state law to the
	794	+	contrary, a member state shall submit a uniform data set to the
	795	+	data system on all individuals to whom this compact is applicable
	796	+	as required by the rules of the commission, including:
	797	+	(1) identifying information;
	798	+	(2) licensure data;
	799	+	(3) adverse actions against a license and information related
	800	+	to the adverse actions;
	801	+	(4) nonconfidential information related to alternative
	802	+	program participation, the beginning and ending dates of such
	803	+	participation, and other information related to such
	804	+	participation;
	805	+	(5) any denial of application for licensure, and the reason for
	806	+	such denial (excluding the reporting of any criminal history
	807	+	record information where prohibited by law);
	808	+	(6) the existence of investigative information;
	809	+	(7) the existence of current significant investigative
	810	+	information; and
	811	+	(8) other information that may facilitate the administration of
	812	+	this compact or the protection of the public, as determined by
	813	+	the rules of the commission.
	814	+	Sec. 4. The records and information provided to a member state
	815	+	pursuant to this compact or through the data system, when
	816	+	certified by the commission or an agent thereof, shall constitute the
	817	+	authenticated business records of the commission, and shall be
	818	+	entitled to any associated hearsay exception in any relevant
	819	+	judicial, quasi-judicial, or administrative proceedings in a member
	820	+	state.
	821	+	Sec. 5. The existence of current significant investigative
	822	+	information and the existence of investigative information
	823	+	pertaining to a licensee in any member state will only be available
	824	+	to other member states.
	825	+	EH 1135—LS 6528/DI 153 20
	826	+	Sec. 6. It is the responsibility of the member states to monitor
	827	+	the database to determine whether adverse action has been taken
	828	+	against such a licensee or license applicant. Adverse action
	829	+	information pertaining to a licensee or license applicant in any
	830	+	member state will be available to any other member state.
	831	+	Sec. 7. Member states contributing information to the data
	832	+	system may designate information that may not be shared with the
	833	+	public without the express permission of the contributing state.
	834	+	Sec. 8. Any information submitted to the data system that is
	835	+	subsequently expunged pursuant to federal law or the laws of the
	836	+	member state contributing the information shall be removed from
	837	+	the data system.
	838	+	Chapter 11. Rulemaking
	839	+	Sec. 1. (a) The commission shall promulgate reasonable rules in
	840	+	order to effectively and efficiently implement and administer the
	841	+	purposes and provisions of the compact. A rule shall be invalid and
	842	+	have no force or effect only if a court of competent jurisdiction
	843	+	holds that the rule is invalid because the commission exercised its
	844	+	rulemaking authority in a manner that is beyond the scope and
	845	+	purposes of the compact, or the powers granted under the compact,
	846	+	or based upon another applicable standard of review.
	847	+	(b) The rules of the commission shall have the force of law in
	848	+	each member state, provided however that where the rules of the
	849	+	commission conflict with the laws of the member state that
	850	+	establish the member state's scope of practice laws governing the
	851	+	practice of cosmetology as held by a court of competent
	852	+	jurisdiction, the rules of the commission shall be ineffective in that
	853	+	state to the extent of the conflict.
	854	+	(c) The commission shall exercise its rulemaking powers
	855	+	pursuant to the criteria set forth in this chapter and the rules
	856	+	adopted under this chapter. Rules shall become binding as of the
	857	+	date specified by the commission for each rule.
	858	+	(d) If a majority of the legislatures of the member states rejects
	859	+	a rule or portion of a rule, by enactment of a statute or resolution
	860	+	in the same manner used to adopt the compact within four (4)
	861	+	years of the date of adoption of the rule, then such rule shall have
	862	+	no further force and effect in any member state or to any state
	863	+	applying to participate in the compact.
	864	+	Sec. 2. (a) Rules shall be adopted at a regular or special meeting
	865	+	of the commission.
	866	+	(b) Prior to adoption of a proposed rule, the commission shall
	867	+	hold a public hearing and allow persons to provide oral and
	868	+	EH 1135—LS 6528/DI 153 21
	869	+	written comments, data, facts, opinions, and arguments.
	870	+	(c) Prior to adoption of a proposed rule by the commission, and
	871	+	at least thirty (30) days in advance of the meeting at which the
	872	+	commission will hold a public hearing on the proposed rule, the
	873	+	commission shall provide a notice of proposed rulemaking:
	874	+	(1) on the website of the commission or other publicly
	875	+	accessible platform;
	876	+	(2) to persons who have requested notice of the commission's
	877	+	notices of proposed rulemaking; and
	878	+	(3) in such other way as the commission may by rule specify.
	879	+	(d) The notice of proposed rulemaking shall include:
	880	+	(1) the time, date, and location of the public hearing at which
	881	+	the commission will hear public comments on the proposed
	882	+	rule and, if different, the time, date, and location of the
	883	+	meeting where the commission will consider and vote on the
	884	+	proposed rule;
	885	+	(2) if the hearing is held via telecommunication, video
	886	+	conference, or other electronic means, the commission shall
	887	+	include the mechanism for access to the hearing in the notice
	888	+	of proposed rulemaking;
	889	+	(3) the text of the proposed rule and the reason for the
	890	+	proposed rule;
	891	+	(4) a request for comments on the proposed rule from any
	892	+	interested person; and
	893	+	(5) the manner in which interested persons may submit
	894	+	written comments.
	895	+	(e) All hearings will be recorded. A copy of the recording and all
	896	+	written comments and documents received by the commission in
	897	+	response to the proposed rule shall be available to the public.
	898	+	Sec. 3. (a) Nothing in this chapter shall be construed as
	899	+	requiring a separate hearing on each rule. Rules may be grouped
	900	+	for the convenience of the commission at hearings required by this
	901	+	chapter.
	902	+	(b) The commission shall, by majority vote of all members, take
	903	+	final action on the proposed rule based on the rulemaking record
	904	+	and the full text of the rule.
	905	+	(c) The commission may adopt changes to the proposed rule
	906	+	provided the changes do not enlarge the original purpose of the
	907	+	proposed rule.
	908	+	(d) The commission shall provide an explanation of the reasons
	909	+	for substantive changes made to the proposed rule as well as
	910	+	reasons for substantive changes not made that were recommended
	911	+	EH 1135—LS 6528/DI 153 22
	912	+	by commenters.
	913	+	(e) The commission shall determine a reasonable effective date
	914	+	for the rule. Except for an emergency as provided in section 4 of
	915	+	this chapter, the effective date of the rule shall be no earlier than
	916	+	forty-five (45) days after the commission issuing the notice that it
	917	+	adopted or amended the rule.
	918	+	Sec. 4. Upon determination that an emergency exists, the
	919	+	commission may consider and adopt an emergency rule with five
	920	+	(5) days notice, with opportunity to comment, provided that the
	921	+	usual rulemaking procedures provided in the compact and in this
	922	+	chapter shall be retroactively applied to the rule as soon as
	923	+	reasonably possible, in no event later than ninety (90) days after
	924	+	the effective date of the rule. For the purposes of this provision, an
	925	+	emergency rule is one that must be adopted immediately to:
	926	+	(1) meet an imminent threat to public health, safety, or
	927	+	welfare;
	928	+	(2) prevent a loss of commission or member state funds;
	929	+	(3) meet a deadline for the promulgation of a rule that is
	930	+	established by federal law or rule; or
	931	+	(4) protect public health and safety.
	932	+	Sec. 5. The commission or an authorized committee of the
	933	+	commission may direct revisions to a previously adopted rule for
	934	+	purposes of correcting typographical errors, errors in format,
	935	+	errors in consistency, or grammatical errors. Public notice of any
	936	+	revisions shall be posted on the website of the commission. The
	937	+	revision shall be subject to challenge by any person for a period of
	938	+	thirty (30) days after posting. The revision may be challenged only
	939	+	on grounds that the revision results in a material change to a rule.
	940	+	A challenge shall be made in writing and delivered to the
	941	+	commission prior to the end of the notice period. If no challenge is
	942	+	made, the revision will take effect without further action. If the
	943	+	revision is challenged, the revision may not take effect without the
	944	+	approval of the commission.
	945	+	Sec. 6. No member state's rulemaking requirements shall apply
	946	+	under this compact.
	947	+	Chapter 12. Oversight, Dispute Resolution, and Enforcement
	948	+	Sec. 1. (a) The executive and judicial branches of state
	949	+	government in each member state shall enforce this compact and
	950	+	take all actions necessary and appropriate to implement the
	951	+	compact.
	952	+	(b) Venue is proper and judicial proceedings by or against the
	953	+	commission shall be brought solely and exclusively in a court of
	954	+	EH 1135—LS 6528/DI 153 23
	955	+	competent jurisdiction where the principal office of the commission
	956	+	is located. The commission may waive venue and jurisdictional
	957	+	defenses to the extent it adopts or consents to participate in
	958	+	alternative dispute resolution proceedings. Nothing in this
	959	+	subsection shall affect or limit the selection or propriety of venue
	960	+	in any action against a licensee for professional malpractice,
	961	+	misconduct or any such similar matter.
	962	+	(c) The commission shall be entitled to receive service of process
	963	+	in any proceeding regarding the enforcement or interpretation of
	964	+	the compact and shall have standing to intervene in such a
	965	+	proceeding for all purposes. Failure to provide the commission
	966	+	service of process shall render a judgment or order void as to the
	967	+	commission, this compact, or promulgated rules.
	968	+	Sec. 2. (a) If the commission determines that a member state has
	969	+	defaulted in the performance of its obligations or responsibilities
	970	+	under this compact or the promulgated rules, the commission shall
	971	+	provide written notice to the defaulting state. The notice of default
	972	+	shall describe the default, the proposed means of curing the
	973	+	default, and any other action that the commission may take, and
	974	+	shall offer training and specific technical assistance regarding the
	975	+	default.
	976	+	(b) The commission shall provide a copy of the notice of default
	977	+	to the other member states.
	978	+	(c) If a state in default fails to cure the default, the defaulting
	979	+	state may be terminated from the compact upon an affirmative
	980	+	vote of a majority of the delegates of the member states, and all
	981	+	rights, privileges, and benefits conferred on that state by this
	982	+	compact may be terminated on the effective date of termination. A
	983	+	cure of the default does not relieve the offending state of
	984	+	obligations or liabilities incurred during the period of default.
	985	+	(d) Termination of membership in the compact shall be imposed
	986	+	only after all other means of securing compliance have been
	987	+	exhausted. Notice of intent to suspend or terminate shall be given
	988	+	by the commission to the governor, the majority and minority
	989	+	leaders of the defaulting state's legislature, the defaulting state's
	990	+	state licensing authority, and each of the member states' state
	991	+	licensing authority.
	992	+	(e) A state that has been terminated is responsible for all
	993	+	assessments, obligations, and liabilities incurred through the
	994	+	effective date of termination, including obligations that extend
	995	+	beyond the effective date of termination.
	996	+	(f) Upon the termination of a state's membership from this
	997	+	EH 1135—LS 6528/DI 153 24
	998	+	compact, that state shall immediately provide notice to all licensees
	999	+	who hold a multistate license within that state of such termination.
	1000	+	The terminated state shall continue to recognize all licenses
	1001	+	granted pursuant to this compact for a minimum of one hundred
	1002	+	eighty (180) days after the date of the notice of termination.
	1003	+	(g) The commission shall not bear any costs related to a state
	1004	+	that is found to be in default or that has been terminated from the
	1005	+	compact, unless agreed upon in writing between the commission
	1006	+	and the defaulting state.
	1007	+	(h) The defaulting state may appeal the action of the commission
	1008	+	by petitioning the United States District Court for the District of
	1009	+	Columbia or the federal district where the commission has its
	1010	+	principal offices. The prevailing party shall be awarded all costs of
	1011	+	such litigation, including reasonable attorney's fees.
	1012	+	Sec. 3. (a) Upon request by a member state, the commission
	1013	+	shall attempt to resolve disputes related to the compact that arise
	1014	+	among member states and between member and nonmember
	1015	+	states.
	1016	+	(b) The commission shall promulgate a rule providing for both
	1017	+	mediation and binding dispute resolution for disputes as
	1018	+	appropriate.
	1019	+	Sec. 4. (a) The commission, in the reasonable exercise of its
	1020	+	discretion, shall enforce the provisions of this compact and the
	1021	+	commission's rules.
	1022	+	(b) By majority vote as provided by commission rule, the
	1023	+	commission may initiate legal action against a member state in
	1024	+	default in the United States District Court for the District of
	1025	+	Columbia or the federal district where the commission has its
	1026	+	principal offices to enforce compliance with the provisions of the
	1027	+	compact and its promulgated rules. The relief sought may include
	1028	+	both injunctive relief and damages. In the event judicial
	1029	+	enforcement is necessary, the prevailing party shall be awarded all
	1030	+	costs of such litigation, including reasonable attorney's fees. The
	1031	+	remedies in this section shall not be the exclusive remedies of the
	1032	+	commission. The commission may pursue any other remedies
	1033	+	available under federal or the defaulting member state's law.
	1034	+	(c) A member state may initiate legal action against the
	1035	+	commission in the United States District Court for the District of
	1036	+	Columbia or the federal district where the commission has its
	1037	+	principal offices to enforce compliance with the provisions of the
	1038	+	compact and its promulgated rules. The relief sought may include
	1039	+	both injunctive relief and damages. In the event judicial
	1040	+	EH 1135—LS 6528/DI 153 25
	1041	+	enforcement is necessary, the prevailing party shall be awarded all
	1042	+	costs of such litigation, including reasonable attorney's fees.
	1043	+	(d) No individual or entity other than a member state may
	1044	+	enforce this compact against the commission.
	1045	+	Chapter 13. Effective Date, Withdrawal, and Amendment
	1046	+	Sec. 1. The compact shall come into effect on the date on which
	1047	+	the compact statute is enacted into law in the seventh member
	1048	+	state.
	1049	+	Sec. 2. (a) On or after the effective date of the compact, the
	1050	+	commission shall convene and review the enactment of each of the
	1051	+	charter member states to determine if the statute enacted by each
	1052	+	such charter member state is materially different than the model
	1053	+	compact statute.
	1054	+	(b) A charter member state whose enactment is found to be
	1055	+	materially different from the model compact statute shall be
	1056	+	entitled to the default process set forth in IC 25-43.5-12.
	1057	+	(c) If any member state is later found to be in default, or is
	1058	+	terminated or withdraws from the compact, the commission shall
	1059	+	remain in existence and the compact shall remain in effect even if
	1060	+	the number of member states should be less than seven (7).
	1061	+	(d) Member states enacting the compact subsequent to the
	1062	+	charter member states shall be subject to the process set forth in
	1063	+	IC 25-43.5-9-3(24) to determine if their enactments are materially
	1064	+	different from the model compact statute and whether they qualify
	1065	+	for participation in the compact.
	1066	+	(e) All actions taken for the benefit of the commission or in
	1067	+	furtherance of the purposes of the administration of the compact
	1068	+	prior to the effective date of the compact or the commission coming
	1069	+	into existence shall be considered to be actions of the commission
	1070	+	unless specifically repudiated by the commission.
	1071	+	(f) Any state that joins the compact shall be subject to the
	1072	+	commission's rules and bylaws as they exist on the date on which
	1073	+	the compact becomes law in that state. Any rule that has been
	1074	+	previously adopted by the commission shall have the full force and
	1075	+	effect of law on the day the compact becomes law in that state.
	1076	+	Sec. 3. (a) Any member state may withdraw from this compact
	1077	+	by enacting a statute repealing that state's enactment of the
	1078	+	compact.
	1079	+	(b) A member state's withdrawal shall not take effect until one
	1080	+	hundred eighty (180) days after enactment of the repealing statute.
	1081	+	(c) Withdrawal shall not affect the continuing requirement of
	1082	+	the withdrawing state's state licensing authority to comply with the
	1083	+	EH 1135—LS 6528/DI 153 26
	1084	+	investigative and adverse action reporting requirements of this
	1085	+	compact prior to the effective date of withdrawal.
	1086	+	(d) Upon the enactment of a statute withdrawing from this
	1087	+	compact, a state shall immediately provide notice of such
	1088	+	withdrawal to all licensees within that state. Notwithstanding any
	1089	+	subsequent statutory enactment to the contrary, the withdrawing
	1090	+	state shall continue to recognize all licenses granted pursuant to
	1091	+	this compact for a minimum of one hundred eighty (180) days after
	1092	+	the date of the notice of withdrawal.
	1093	+	Sec. 4. Nothing contained in this compact shall be construed to
	1094	+	invalidate or prevent any licensure agreement or other cooperative
	1095	+	arrangement between a member state and a nonmember state that
	1096	+	does not conflict with the provisions of this compact.
	1097	+	Sec. 5. This compact may be amended by the member states. No
	1098	+	amendment to this compact shall become effective and binding
	1099	+	upon any member state until it is enacted into the laws of all
	1100	+	member states.
	1101	+	Chapter 14. Construction and Severability
	1102	+	Sec. 1. The compact and the commission's rulemaking authority
	1103	+	shall be liberally construed so as to effectuate the purposes, and the
	1104	+	implementation and administration of the compact. Provisions of
	1105	+	the compact expressly authorizing or requiring the promulgation
	1106	+	of rules shall not be construed to limit the commission's
	1107	+	rulemaking authority solely for those purposes.
	1108	+	Sec. 2. The provisions of this compact shall be severable and if
	1109	+	any phrase, clause, sentence, or provision of this compact is held by
	1110	+	a court of competent jurisdiction to be contrary to the constitution
	1111	+	of any member state, a state seeking participation in the compact,
	1112	+	or of the United States, or the applicability thereof to any
	1113	+	government, agency, person, or circumstance is held to be
	1114	+	unconstitutional by a court of competent jurisdiction, the validity
	1115	+	of the remainder of this compact and the applicability thereof to
	1116	+	any other government, agency, person, or circumstance shall not
	1117	+	be affected thereby.
	1118	+	Sec. 3. Notwithstanding section 2 of this chapter, the commission
	1119	+	may deny a state's participation in the compact or, in accordance
	1120	+	with the requirements of IC 25-43.5-12, terminate a member state's
	1121	+	participation in the compact, if it determines that a constitutional
	1122	+	requirement of a member state is a material departure from the
	1123	+	compact. Otherwise, if this compact shall be held to be contrary to
	1124	+	the constitution of any member state, the compact shall remain in
	1125	+	full force and effect as to the remaining member states and in full
	1126	+	EH 1135—LS 6528/DI 153 27
	1127	+	force and effect as to the member state affected as to all severable
	1128	+	matters.
	1129	+	Chapter 15. Consistent Effect and Conflict with Other State
	1130	+	Laws
	1131	+	Sec. 1. (a) Nothing in this article shall prevent or inhibit the
	1132	+	enforcement of any other law of a member state that is not
	1133	+	inconsistent with the compact.
	1134	+	(b) Any laws, statutes, regulations, or other legal requirements
	1135	+	in a member state in conflict with the compact are superseded to
	1136	+	the extent of the conflict.
	1137	+	(c) All permissible agreements between the commission and the
	1138	+	member states are binding in accordance with their terms.
	1139	+	SECTION 11. IC 34-30-2.1-391.7 IS ADDED TO THE INDIANA
	1140	+	CODE AS A NEW SECTION TO READ AS FOLLOWS
	1141	+	[EFFECTIVE JULY 1, 2024]: Sec. 391.7. IC 25-43.5-9-9 (Concerning
	1142	+	the members, officers, executive director, employees, and
	1143	+	representatives of the cosmetology licensure compact
	1144	+	commission).".
	1145	+	Renumber all SECTIONS consecutively.
	1146	+	and when so amended that said bill do pass.
	1147	+	(Reference is to HB 1135 as introduced.)
	1148	+	VANNATTER
	1149	+	Committee Vote: yeas 9, nays 3.
	1150	+	_____
	1151	+	COMMITTEE REPORT
	1152	+	Mr. Speaker: Your Committee on Ways and Means, to which was
	1153	+	referred House Bill 1135, has had the same under consideration and
	1154	+	begs leave to report the same back to the House with the
	1155	+	recommendation that said bill be amended as follows:
	1156	+	Page 2, line 5, strike "and".
	1157	+	Page 2, line 6, after "schools;" insert "and
	1158	+	(C) apprenticeship programs;".
	1159	+	Page 2, delete line 39, begin a new line block indented and insert:
	1160	+	"(2) A statement that the cosmetologist has at least five (5)
	1161	+	years of salon experience.
	1162	+	(3) A statement that the cosmetologist has completed a one
	1163	+	hundred (100) hour methodology course.
	1164	+	EH 1135—LS 6528/DI 153 28
	1165	+	(4) A statement that the cosmetologist has successfully passed
	1166	+	the state PSI cosmetology test.".
	1167	+	Page 2, line 40, delete "(3)" and insert "(5)".
	1168	+	Page 2, line 42, delete "(4)" and insert "(6)".
	1169	+	Page 3, delete lines 8 through 12, begin a new line block indented
	1170	+	and insert:
	1171	+	"(2) Ensure that the apprentice will not perform licensed
	1172	+	regulated work on the general public until the after
	1173	+	apprentice has received two hundred (200) hours of technical
	1174	+	training.".
	1175	+	Page 3, delete lines 19 through 23, begin a new paragraph and
	1176	+	insert:
	1177	+	"(e) A cosmetologist may not train more than two (2)
	1178	+	apprentices at any time. Each cosmetologist establishment
	1179	+	may not have more than:
	1180	+	(1) six (6) apprentices as any time; or
	1181	+	(2) three (3) approved cosmetologist licensing apprentices at
	1182	+	any time.".
	1183	+	Page 3, between lines 28 and 29, begin a new paragraph and insert:
	1184	+	"(g) A cosmetology apprentice must complete one thousand five
	1185	+	hundred (1,500) hours of instruction and training which must be
	1186	+	completed in two (2) years.
	1187	+	(h) A cosmetology apprentice may:
	1188	+	(1) transfer to a beauty culture school; and
	1189	+	(2) use each one hour of credit that the cosmetology
	1190	+	apprentice has earned prior to the transfer to the beauty
	1191	+	culture school as one half (1/2) of an hour of credit at the
	1192	+	beauty culture school.
	1193	+	(i) A cosmetology apprenticeship program approval must be
	1194	+	renewed every five (5) years with the board.".
	1195	+	Page 4, between lines 5 and 6, begin a new paragraph and insert:
	1196	+	"SECTION 1. IC 25-8-6-3, AS AMENDED BY P.L.170-2013,
	1197	+	SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	1198	+	JULY 1, 2024]: Sec. 3. (a) The application described in section 2 of
	1199	+	this chapter must state that the applicant:
	1200	+	(1) is at least eighteen (18) years of age;
	1201	+	(2) has graduated from high school or received the equivalent of
	1202	+	a high school education;
	1203	+	(3) holds a cosmetologist, an electrologist, a manicurist, a barber,
	1204	+	or an esthetician license issued under this article;
	1205	+	(4) has completed the education and experience requirements,
	1206	+	subject to subsection (b) and the rules adopted by the board;
	1207	+	EH 1135—LS 6528/DI 153 29
	1208	+	(5) has not committed an act for which the applicant could be
	1209	+	disciplined under IC 25-8-14;
	1210	+	(6) has received a satisfactory grade (as described in IC 25-8-4-9)
	1211	+	on an examination for instructor license applicants prescribed by
	1212	+	the board; and
	1213	+	(7) has paid the fee set forth in IC 25-8-13-4 for the issuance of a
	1214	+	license under this chapter.
	1215	+	(b) In addition to the requirements under subsection (a) and this
	1216	+	chapter, an applicant for a cosmetologist instructor license must
	1217	+	state that the applicant has completed at least one hundred (100)
	1218	+	hours of methodology.".
	1219	+	Renumber all SECTIONS consecutively.
	1220	+	and when so amended that said bill do pass.
	1221	+	(Reference is to HB 1135 as printed January 18, 2024.)
	1222	+	THOMPSON
	1223	+	Committee Vote: yeas 22, nays 1.
	1224	+	_____
	1225	+	HOUSE MOTION
	1226	+	Mr. Speaker: I move that House Bill 1135 be amended to read as
	1227	+	follows:
	1228	+	Page 3, line 3, delete "PSI cosmetology test." and insert "board
	1229	+	approved methodology test.".
	1230	+	Page 3, line 15, delete "until the after" and insert "until after the".
	1231	+	Page 3, line 27, delete "as" and insert "at".
	1232	+	Page 3, line 40, after "one" insert "(1)".
	1233	+	Page 3, line 42, delete "one half" and insert "one-half".
	1234	+	Page 4, line 42, delete "cosmetologist" and insert "beauty culture".
	1235	+	Page 5, line 2, after "methodology." insert "An applicant for a
	1236	+	beauty culture instructor license is not required to complete any
	1237	+	methodology in excess of one hundred (100) hours.".
	1238	+	Page 6, line 11, after "provided" insert "in".
	1239	+	Renumber all SECTIONS consecutively.
	1240	+	(Reference is to HB 1135 as printed January 25, 2024.)
	1241	+	WESCO
	1242	+	EH 1135—LS 6528/DI 153 30
	1243	+	COMMITTEE REPORT
	1244	+	Madam President: The Senate Committee on Pensions and Labor,
	1245	+	to which was referred House Bill No. 1135, has had the same under
	1246	+	consideration and begs leave to report the same back to the Senate with
	1247	+	the recommendation that said bill be AMENDED as follows:
	1248	+	Page 1, delete lines 1 through 17.
	1249	+	Delete pages 2 through 3.
	1250	+	Page 4, delete lines 1 through 22, begin a new paragraph and insert:
	1251	+	"SECTION 1. IC 25-8-4-7, AS AMENDED BY P.L.170-2013,
16	1252		SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17	1253		JULY 1, 2024]: Sec. 7. (a) Each applicant must pass a final practical
18	1254		demonstration examination of the acts permitted by the license. The
19	1255		applicant's beauty culture school following shall administer the final
20	1256		practical demonstration examination:
21	1257		(1) The applicant's beauty culture school.
22	1258		(2) The program sponsor or employer of the applicant's
23	1259		United States Department of Labor registered apprenticeship
24	1260		program to practice cosmetology.
25	1261		(b) The board shall conduct a written examination of the students
26	1262		enrolled in beauty culture school or applicants for a beauty culture
27	1263		professional license. The written examinations described in this
28	1264		section:
29	1265		(1) shall be conducted at the times and places determined by the
30	1266		board;
31	1267		(2) may be administered through computer based testing;
32	1268		(3) may be conducted before graduation from beauty culture
33	1269		school; and
34		-	(4) shall be conducted at times set by the board.
35		-	SECTION 2. IC 25-8-9-3, AS AMENDED BY P.L.158-2016,
36		-	HEA 1135 — Concur 2
	1270	+	(4) shall be conducted at times set by the board.".
	1271	+	Page 5, delete lines 5 through 42.
	1272	+	Page 6, delete lines 1 through 40, begin a new paragraph and insert:
	1273	+	"SECTION 3. IC 25-8-9-3, AS AMENDED BY P.L.158-2016,
37	1274		SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38	1275		JULY 1, 2024]: Sec. 3. The application described in section 2 of this
39	1276		chapter must state that the applicant:
40	1277		(1) is at least seventeen (17) years of age;
41	1278		(2) has successfully completed the tenth grade or received the
42	1279		equivalent of tenth grade education;
43	1280		(3) has graduated from a beauty culture school or completed a
44	1281		United States Department of Labor registered apprenticeship
45	1282		program to practice cosmetology;
46	1283		(4) has received a satisfactory grade (as defined by IC 25-8-4-9)
47	1284		on an examination for cosmetologist license applicants prescribed
	1285	+	EH 1135—LS 6528/DI 153 31
48	1286		by the board;
49	1287		(5) has not committed an act for which the applicant could be
50	1288		disciplined under IC 25-8-14; and
51	1289		(6) has paid the fee set forth in IC 25-8-13-7 for the issuance of a
52	1290		license under this chapter.
53		-	SECTION 3. IC 25-8-9-4.5 IS ADDED TO THE INDIANA CODE
	1291	+	SECTION 4. IC 25-8-9-4.5 IS ADDED TO THE INDIANA CODE
54	1292		AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
55	1293		1, 2024]: Sec. 4.5. An individual who has completed a United States
56	1294		Department of Labor registered apprenticeship program to
57	1295		practice cosmetology is eligible to take the examination described
58		-	in section 3(4) of this chapter.
59		-	SECTION 4. [EFFECTIVE JULY 1, 2024] (a) The state board of
	1296	+	in section 3(4) of this chapter.".
	1297	+	Page 6, delete lines 41 through 42.
	1298	+	Delete pages 7 through 30.
	1299	+	Page 31, delete lines 1 through 9, begin a new paragraph and insert:
	1300	+	"SECTION 5. [EFFECTIVE JULY 1, 2024] (a) The state board of
60	1301		cosmetology and barber examiners shall amend 820 IAC 2-2-3 to
61	1302		comply with IC 25-8-9-3, as amended by this act, and IC 25-8-9-4.5,
62	1303		as added by this act.
63		-	(b) This SECTION expires July 1, 2026.
64		-	HEA 1135 — Concur Speaker of the House of Representatives
65		-	President of the Senate
66		-	President Pro Tempore
67		-	Governor of the State of Indiana
68		-	Date: Time:
69		-	HEA 1135 — Concur
	1304	+	(b) This SECTION expires July 1, 2026.".
	1305	+	Renumber all SECTIONS consecutively.
	1306	+	and when so amended that said bill do pass.
	1307	+	(Reference is to HB 1135 as reprinted January 31, 2024.)
	1308	+	ROGERS, Chairperson
	1309	+	Committee Vote: Yeas 6, Nays 2.
	1310	+	_____
	1311	+	SENATE MOTION
	1312	+	Madam President: I move that Engrossed House Bill 1135 be
	1313	+	amended to read as follows:
	1314	+	Page 2, delete lines 4 through 27.
	1315	+	Renumber all SECTIONS consecutively.
	1316	+	(Reference is to EHB 1135 Digest Correction as printed February
	1317	+	23, 2024.)
	1318	+	ROGERS
	1319	+	EH 1135—LS 6528/DI 153