EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0383*
HOUSE BILL 383
C3 4lr1147
CF SB 27
By: Delegates Smith and Shetty
Introduced and read first time: January 17, 2024
Assigned to: Economic Matters
Committee Report: Favorable
House action: Adopted
Read second time: February 13, 2024
CHAPTER ______
AN ACT concerning 1
Cosmetology Licensure Compact 2
FOR the purpose of entering into the Cosmetology Licensure Compact; establishing criteria 3
for participating states; authorizing an individual practicing cosmetology to practice 4
in a party state under certain circumstances; establishing the Cosmetology 5
Licensure Compact Commission and its duties and powers; providing for the 6
amendment of and withdrawal from the Compact; and generally relating to the 7
Cosmetology Licensure Compact. 8
BY adding to 9
Article – Business Occupations and Professions 10
Section 5–6A–01 to be under the new subtitle “Subtitle 6A. Cosmetology Licensure 11
Compact” 12
Annotated Code of Maryland 13
(2018 Replacement Volume and 2023 Supplement) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – Business Occupations and Professions 17
SUBTITLE 6A. COSMETOLOGY LICENSURE COMPACT. 18
5–6A–01. 19
2 HOUSE BILL 383
THE COSMETOLOGY LICENSURE COMPACT IS HEREBY ENACTED AN D 1
ENTERED INTO WITH AL L OTHER JURISDICTION S THAT LEGALLY JOIN IN THE 2
COMPACT IN THE FORM S UBSTANTIALLY AS THE COMPACT APPEARS IN TH IS 3
SECTION AS FOLLOWS : 4
ARTICLE 1. PURPOSE. 5
THE PURPOSE OF THIS COMPACT IS TO FACILIT ATE THE INTERSTATE 6
PRACTICE AND REGULAT ION OF COSMETOLOGY WITH THE GOAL OF IMPROVING 7
PUBLIC ACCESS TO , AND THE SAFETY OF , COSMETOLOGY SERVICES AND REDUCING 8
UNNECESSARY BURDENS RELATED TO COSMETOLOGY LICENSURE. THROUGH THIS 9
COMPACT, THE MEMBER STATES SEEK TO ESTABL ISH A REGULATORY FRA MEWORK 10
WHICH PROVIDES FOR A NEW M ULTISTATE LICENSING PROGRAM. THROUGH THIS 11
NEW LICENSING PROGRA M, THE MEMBER STATES SEEK TO PROVID E INCREASED 12
VALUE AND MOBILITY T O LICENSED COSMETOLOGISTS IN THE MEMBER STATES, 13
WHILE ENSURING THE P ROVISION OF SAFE , EFFECTIVE, AND RELIABLE SERVICE S 14
TO THE PUBLIC. 15
THIS COMPACT IS DESIGNED T O ACHIEVE THE FOLLOW ING OBJECTIVES AND 16
THE MEMBER STATES HEREBY RATIFY THE SAME INTENTIONS BY SUBSCRIBING 17
HERETO: 18
A. PROVIDE OPPORTUNITIES FOR INTERSTATE PRACT ICE BY 19
COSMETOLOGISTS WHO MEET UNIFORM REQ UIREMENTS FOR MULTIS TATE 20
LICENSURE; 21
B. ENHANCE THE ABILITIES OF MEMBER STATES TO PROTECT PUB LIC 22
HEALTH AND SAFETY AN D PREVENT FRAUD AND UNLICENSED ACTIVITY WITHIN THE 23
PROFESSION; 24
C. ENSURE AND ENCOURAGE COOPERATION BETWEEN MEMBER STATES 25
IN THE LICENSURE AND REGULATION OF THE PRACTICE OF COSMETOLOGY ; 26
D. SUPPORT RELOCATING MI LITARY MEMBERS AND T HEIR SPOUSES; 27
E. FACILITATE THE EXCHAN GE OF INFORMATION BE TWEEN MEMBER 28
STATES RELATED TO THE LICEN SURE, INVESTIGATION , AND DISCIPLINE OF TH E 29
PRACTICE OF COSMETOLOGY ; 30
F. PROVIDE FOR THE LICEN SURE AND MOBILITY OF THE WORKFORCE IN 31
THE PROFESSION WHILE ADDRESSING THE SHORTAGE OF WORKERS AND LESSENIN G 32
THE ASSOCIATED BURDE NS ON THE MEMBER STATES. 33
HOUSE BILL 383 3
ARTICLE 2. DEFINITIONS. 1
AS USED IN THIS COMPACT, AND EXCEPT AS OTHERW ISE PROVIDED, THE 2
FOLLOWING DEFINITIONS SHALL GO VERN THE TERMS HEREI N: 3
A. “ACTIVE MILITARY MEMBER” MEANS ANY INDIVIDUAL WITH 4
FULL–TIME DUTY STATUS IN THE ARMED FORCES OF THE UNITED STATES, 5
INCLUDING MEMBERS OF THE NATIONAL GUARD AND RESERVE. 6
B. “ADVERSE ACTION” MEANS ANY ADMINISTRA TIVE, CIVIL, EQUITABLE, 7
OR CRIMINAL ACTION PERMITTED BY A MEMBER STATE’S LAWS WHICH IS IMPOSED 8
BY A STATE LICENSING AUTHORITY OR OTHER REGULATORY BODY AGAINST A 9
COSMETOLOGIST , INCLUDING ACTIONS AG AINST AN INDIVIDUAL ’S LICENSE OR 10
AUTHORIZATION TO PRACTICE SUCH AS REVO CATION, SUSPENSION, PROBATION, 11
MONITORING OF THE LICENSEE, LIMITATION OF THE LICENSEE’S PRACTICE, OR ANY 12
OTHER ENCUMBRANCE ON A LICENSE AFFECTI NG AN INDIVIDUAL ’S ABILITY TO 13
PARTICIPATE IN THE COSMETOLOGY INDUSTRY, INCLUDING THE ISSUAN CE OF A 14
CEASE AND DESIST ORD ER. 15
C. “ALTERNATIVE PROGRAM” MEANS A NON–DISCIPLINARY MONITOR ING 16
OR PROSECUTORIA L DIVERSION PROGRAM APPROVED BY A MEMBER STATE’S 17
STATE LICENSING AUTHORITY. 18
D. “AUTHORIZATION TO PRACTICE” MEANS A LEGAL AUTHOR IZATION 19
ASSOCIATED WITH A MULTISTATE LICENSE PERMITTING TH E PRACTICE OF 20
COSMETOLOGY IN THAT REMOTE STATE, WHICH SHALL BE SUBJE CT TO THE 21
ENFORCEMENT JURISDIC TION OF THE STATE LICENSING AUTHORITY IN THAT 22
REMOTE STATE. 23
E. “BACKGROUND CHECK” MEANS THE SUBMISSION OF INFORMATION 24
FOR AN APPLICANT FOR THE PURPOSE OF OBTAI NING THAT APPLICANT ’S CRIMINAL 25
HISTORY RECO RD INFORMATION , AS FURTHER DEFINED I N 28 C.F.R. § 20.3(D), 26
FROM THE FEDERAL BUREAU OF INVESTIGATION AND THE AGENCY RESPONSIBLE 27
FOR RETAINING STATE CRIMINAL OR DIS CIPLINARY HISTORY IN THE APPLICANT ’S 28
HOME STATE. 29
F. “CHARTER MEMBER STATE” MEANS MEMBER STATES WHO HAVE 30
ENACTED LEGISLATION TO ADOPT THIS COMPACT WHE RE SUCH LEGISLATION 31
PREDATES THE EFFECTI VE DATE OF THIS COMPACT AS DEFINED IN ARTICLE 13. 32
G. “COMMISSION” MEANS THE GOVERNMENT AGENCY WHOSE 33
MEMBERSHIP CONSISTS OF ALL STATES THAT HAVE ENAC TED THIS COMPACT, 34
WHICH IS KNOWN AS TH E COSMETOLOGY LICENSURE COMPACT COMMISSION, AS 35 4 HOUSE BILL 383
DEFINED IN ARTICLE 9, AND WHICH SHALL OPER ATE AS AN INSTRUMENT ALITY OF 1
THE MEMBER STATES. 2
H. “COSMETOLOGIST ” MEANS AN INDIVIDUAL LICENSED IN THEIR HOME 3
STATE TO PRACTICE COSMETOLOGY . 4
I. “COSMETOLOGY ”, “COSMETOLOGY SERVICES”, AND THE “PRACTICE 5
OF COSMETOLOGY ” MEAN THE CARE AND SE RVICES PROVIDED BY A 6
COSMETOLOGIST AS SET FORTH IN THE MEMBER STATE’S STATUTES AND 7
REGULATIONS IN THE STATE WHERE THE SERVI CES ARE BEING PROVIDE D. 8
J. “CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION ” MEANS: 9
1. INVESTIGATIVE INFORMATION THAT A STATE LICENSING 10
AUTHORITY, AFTER AN INQUIRY OR INVESTIGATION THAT C OMPLIES WITH A 11
MEMBER STATE’S DUE PROCESS REQUIR EMENTS, HAS REASON TO BELIEV E IS NOT 12
GROUNDLESS AND , IF PROVED TRUE , WOULD INDICATE A VIO LATION OF THAT 13
STATE’S LAWS REGARDING FRA UD OR THE PRACTICE OF COSMETOLOGY ; OR 14
2. INVESTIGATIVE INFORMATION THAT INDI CATES THAT A 15
LICENSEE HAS ENGAGED IN FRAUD OR REPRESEN TS AN IMMEDIATE THRE AT TO 16
PUBLIC HEALTH AND SA FETY, REGARDLESS OF WHETHE R THE LICENSEE HAS BEEN 17
NOTIFIED AND HAD AN OPPORTUNITY TO RESPO ND. 18
K. “DATA SYSTEM” MEANS A REPOSITORY O F INFORMATION ABOUT 19
LICENSEES, INCLUDING LICENSE STATUS , INVESTIGATIVE INFORMATION , AND 20
ADVERSE ACTIONS. 21
L. “DISQUALIFYING EVENT” MEANS ANY EVENT WHIC H SHALL 22
DISQUALIFY AN INDIVI DUAL FROM HOLDING A MULTISTATE LICENSE UNDER THIS 23
COMPACT, WHICH THE COMMISSION MAY BY RULE OR ORDER SPECI FY. 24
M. “ENCUMBERED LICENSE” MEANS A LICENSE IN W HICH AN ADVERSE 25
ACTION RESTRICTS THE PRACTICE OF COSMETOLOGY BY A LICENSEE, OR WHERE 26
SAID ADVERSE ACTION HAS BEEN REPOR TED TO THE COMMISSION. 27
N. “ENCUMBRANCE ” MEANS A REVOCATION O R SUSPENSION OF , OR ANY 28
LIMITATION ON, THE FULL AND UNRESTR ICTED PRACTICE OF COSMETOLOGY BY A 29
STATE LICENSING AUTHORITY. 30
O. “EXECUTIVE COMMITTEE” MEANS A GROUP OF DEL EGATES ELECTED 31
OR APPOINTED TO ACT ON BEHALF OF AND W ITHIN THE POWERS GRA NTED TO THEM 32
BY THE COMMISSION. 33 HOUSE BILL 383 5
P. “HOME STATE” MEANS THE MEMBER STATE WHICH IS A LICENSEE’S 1
PRIMARY STATE OF RESIDENCE AN D WHERE THAT LICENSEE HOLDS AN ACT IVE AND 2
UNENCUMBERED LICENSE TO PRACTICE COSMETOLOGY . 3
Q. “INVESTIGATIVE INFORMATION ” MEANS INFORMATION , RECORDS, OR 4
DOCUMENTS RECEIVED O R GENERATED BY A STATE LICENSING AUTHORITY 5
PURSUANT TO AN INVES TIGATION OR OTHER IN QUIRY. 6
R. “JURISPRUDENCE REQUIREMENT ” MEANS THE ASSESSMENT OF AN 7
INDIVIDUAL’S KNOWLEDGE OF THE L AWS AND RUL ES GOVERNING THE PRACTICE OF 8
COSMETOLOGY IN A STATE. 9
S. “LICENSEE” MEANS AN INDIVIDUAL WHO CURRENTLY HOLDS A LICENSE 10
FROM A MEMBER STATE TO PRACTICE AS A COSMETOLOGIST . 11
T. “MEMBER STATE” MEANS ANY STATE THAT HAS ADOPTE D THIS 12
COMPACT. 13
U. “MULTISTATE LICENSE” MEANS A LICENSE ISSU ED BY AND SUBJECT TO 14
THE ENFORCEMENT JURI SDICTION OF THE STATE LICENSING AUTHORITY IN A 15
LICENSEE’S HOME STATE, WHICH AUTHORIZES THE PRACTICE OF COSMETOLOGY 16
IN MEMBER STATES AND INCLUDES AUTHORIZATIONS TO PRACTICE 17
COSMETOLOGY IN ALL REMOTE STATES PURSUANT TO THIS COMPACT. 18
V. “REMOTE STATE” MEANS ANY MEMBER STATE, OTHER THAN THE 19
LICENSEE’S HOME STATE. 20
W. “RULE” MEANS ANY RULE OR RE GULATION PROMULGATED BY THE 21
COMMISSION UNDER THIS COMPACT THAT HAS THE FORCE OF LAW . 22
X. “SINGLE–STATE LICENSE” MEANS A COSMETOLOGY LICENSE I SSUED 23
BY A MEMBER STATE THAT AUTHORIZES THE PRACTICE OF COSMETOLOGY ONLY 24
WITHIN THE ISSUING STATE AND DOES NOT IN CLUDE ANY AUTHORIZAT ION OUTSIDE 25
OF THE ISSUING STATE. 26
Y. “STATE” MEANS A STATE, TERRITORY, OR POSSESSION OF THE UNITED 27
STATES AND THE DISTRICT OF COLUMBIA. 28
Z. “STATE LICENSING AUTHORITY” MEANS A MEMBER STATE’S 29
REGULATORY BODY RESP ONSIBLE FOR ISSUING COSMETOLOGY LICENSES OR 30
OTHERWISE OVERSEEING THE PRACTICE OF COSMETOLOGY IN THAT STATE. 31
6 HOUSE BILL 383
ARTICLE 3. MEMBER STATE REQUIREMENTS . 1
A. TO BE ELIGIBLE TO JOI N THIS COMPACT, AND TO MAINTAIN 2
ELIGIBILITY AS A MEMBER STATE, A STATE MUST: 3
1. LICENSE AND REGULATE COSMETOLOGY ; 4
2. HAVE A MECHANISM OR E NTITY IN PLACE TO RE CEIVE AND 5
INVESTIGATE COMPLAIN TS ABOUT LICENSEES PRACTICING IN THAT STATE; 6
3. REQUIRE THAT LICENSEES WITHIN THE STATE PASS A 7
COSMETOLOGY COMPETENC Y EXAMINATION PRIOR TO BEING LICENSED TO 8
PROVIDE COSMETOLOGY SERVICES TO THE PUBLIC IN THAT STATE; 9
4. REQUIRE THAT LICENSEES SATISFY EDU CATIONAL OR TRAINING 10
REQUIREMENTS IN COSMETOLOGY PRIOR TO BEING LICENSED TO PR OVIDE 11
COSMETOLOGY SERVICES TO THE PUBLI C IN THAT STATE; 12
5. IMPLEMENT PROCEDURES FOR CONSIDERING ONE OR MORE OF 13
THE FOLLOWING CATEGO RIES OF INFORMATION FROM APPLICANTS FOR 14
LICENSURE: CRIMINAL HISTORY ; DISCIPLINARY HISTORY ; OR BACKGROUND 15
CHECK. SUCH PROCEDURES MAY INCLUDE THE SUBM ISSION OF INFORMATIO N BY 16
APPLICANTS FOR THE P URPOSE OF OBTAINING AN APPLICANT ’S BACKGROUND 17
CHECK AS DEFINED HEREIN ; 18
6. PARTICIPATE IN THE DATA SYSTEM, INCLUDING THROUGH TH E 19
USE OF UNIQUE IDENTI FYING NUMBERS ; 20
7. SHARE INFORMATION REL ATED TO ADVERSE ACTIONS WITH THE 21
COMMISSION AND OTHER MEMBER STATES, BOTH THROUGH THE DATA SYSTEM 22
AND OTHERWISE ; 23
8. NOTIFY THE COMMISSION AND OTHER MEMBER STATES, IN 24
COMPLIANCE WITH THE TERMS OF THE COMPACT AND RULES OF THE COMMISSION, 25
OF THE EXISTENCE OF INVESTIGATIVE INFORMATION OR CURRENT SIGNIFICANT 26
INVESTIGATIVE INFORMATION IN THE STATE’S POSSESSION REGARDI NG A 27
LICENSEE PRACTICING I N THAT STATE; 28
9. COMPLY WITH SUCH RULES AS MAY BE ENACTED BY TH E 29
COMMISSION TO ADMINIS TER THE COMPACT; AND 30
10. ACCEPT LICENSEES FROM OTHER MEMBER STATES AS 31
ESTABLISHED HEREIN. 32 HOUSE BILL 383 7
B. MEMBER STATES MAY CHARGE A FEE FOR GRANTING A LICENSE T O 1
PRACTICE COSMETOLOGY . 2
C. INDIVIDUALS NOT RESID ING IN A MEMBER STATE SHALL CONTINUE TO 3
BE ABLE TO APPLY FOR A MEMBER STATE’S SINGLE–STATE LICENSE AS PROVIDED 4
UNDER THE LAWS OF EA CH MEMBER STATE. HOWEVER, THE SINGLE–STATE 5
LICENSE GRANTED TO TH ESE INDIVIDUALS MAY NOT BE RECOGNIZED AS GRA NTING 6
A MULTISTATE LICENSE TO PROVIDE SE RVICES IN ANY OTHER MEMBER STATE. 7
D. NOTHING IN THIS COMPACT SHALL AFFECT THE REQUIREMENTS 8
ESTABLISHED BY A MEMBER STATE FOR THE ISSUANC E OF A SINGLE–STATE 9
LICENSE. 10
E. A MULTISTATE LICENSE ISSUED TO A LICENSEE BY A HOME STATE TO 11
A RESIDENT OF THAT STATE SHALL BE RECOGN IZED BY EACH MEMBER STATE AS 12
AUTHORIZING A LICENSEE TO PRACTICE COSMETOLOGY IN EACH MEMBER STATE. 13
F. AT NO POINT SHALL THE COMMISSION HAVE THE P OWER TO DEFINE 14
THE EDUCATIONAL OR P ROFESSIONAL REQUIREM ENTS FOR A LICENSE T O 15
PRACTICE COSMETOLOGY . THE MEMBER STATES SHALL RETAIN S OLE 16
JURISDICTION OVER TH E PROVISION OF THESE REQUIREMENTS . 17
ARTICLE 4. MULTISTATE LICENSE. 18
A. TO BE ELIGIBLE TO APP LY TO THEIR HOME STATE’S STATE LICENSING 19
AUTHORITY FOR AN INIT IAL MULTISTATE LICENSE UNDER THIS COMPACT, A 20
LICENSEE MUST HOLD AN ACTIVE AND UNENCUMBE RED SINGLE–STATE LICENSE 21
TO PRACTICE COSMETOLOGY IN THEIR HOME STATE. 22
B. UPON THE RECEIPT OF AN AP PLICATION FOR A MULTISTATE LICENSE, 23
ACCORDING TO THE RULES OF THE COMMISSION, A MEMBER STATE’S STATE 24
LICENSING AUTHORITY SHALL ASCER TAIN WHETHER THE APP LICANT MEETS THE 25
REQUIREMENTS FOR A MULTISTATE LICENSE UNDER T HIS COMPACT. 26
C. IF AN APPLICANT MEETS THE REQUIREMENTS FOR A MULTISTATE 27
LICENSE UNDER THIS COMPACT AND ANY APPLI CABLE RULES OF THE 28
COMMISSION, THE STATE LICENSING AUTHORITY IN RECEIPT OF THE APPLICATION 29
SHALL, WITHIN A REASONABLE TIME, GRANT A MULTISTATE LICENSE TO THAT 30
APPLICANT, AND INFORM ALL MEMBER STATES OF THE GRANT O F SAID 31
MULTISTATE LICENSE. 32
D. A MULTISTATE LICENSE TO PRACTICE COSMETOLOGY ISSUED BY A 33 8 HOUSE BILL 383
MEMBER STATE’S STATE LICENSING AUTHORITY SHALL BE RE COGNIZED BY EACH 1
MEMBER STATE AS AUTHORIZING THE PRACTICE THEREOF AS THOUGH TH AT 2
LICENSEE HELD A SINGLE–STATE LICENSE TO DO SO IN EACH MEMBER STATE, 3
SUBJECT TO THE RESTR ICTIONS HEREIN. 4
E. A MULTISTATE LICENSE GRANTED PURSUANT TO THIS COMPACT MAY 5
BE EFFECTIVE FOR A D EFINITE PERIOD OF TI ME, CONCURRENT WITH THE 6
LICENSURE RENEWAL PE RIOD IN THE HOME STATE. 7
F. TO MAINTAIN A MULTISTATE LICENSE UNDER THIS COMPACT, A 8
LICENSEE SHALL: 9
1. AGREE TO ABIDE BY THE RULES OF THE STATE LICENSING 10
AUTHORITY, AND THE STATE SCOPE OF PRACTI CE LAWS GOVERNING TH E PRACTICE 11
OF COSMETOLOGY , OF ANY MEMBER STATE IN WHICH THE LICENSEE PROVIDES 12
SERVICES; 13
2. PAY ALL REQUIRED FEES RELATED TO THE APPLI CATION AND 14
PROCESS AND ANY OTHE R FEES WHICH THE COMMISSION MAY BY RULE REQUIRE; 15
AND 16
3. COMPLY WITH ANY AND A LL OTHER REQUIREMENT S REGARDING 17
MULTISTATE LICENSES WHICH THE COMMISSION MAY BY RULE PROVIDE. 18
G. A LICENSEE PRACTICING I N A MEMBER STATE IS SUBJECT TO A LL 19
SCOPE OF PRACTICE LA WS GOVERNING COSMETOLOGY SERVICES IN THAT STATE. 20
H. THE PRACTICE OF COSMETOLOGY UNDER A MULTISTATE LICENSE 21
GRANTED PURSUANT TO THIS COMPACT SHALL SUBJECT THE LICENSEE TO THE 22
JURISDICTION OF THE STATE LICENSING AUTHORITY, THE COURTS, AND THE LAWS 23
OF THE MEMBER STATE IN WHICH THE COSMETOLOGY SERVICES ARE PROVIDED . 24
ARTICLE 5. REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME STATE. 25
A. A LICENSEE MAY HOLD A MULTISTATE LICENSE, ISSUED BY THEIR 26
HOME STATE, IN ONLY ONE MEMBER STATE AT ANY GIVEN TI ME. 27
B. IF A LICENSEE CHANGES THEI R HOME STATE BY MOVING BETWE EN 28
TWO MEMBER STATES: 29
1. THE LICENSEE SHALL IMMEDIATELY APPLY FO R THE 30
REISSUANCE OF THEIR MULTISTATE LICENSE IN THEIR NEW HOME STATE. THE 31
LICENSEE SHALL PAY ALL APPLICABLE F EES AND NOTIFY THE P RIOR HOME STATE 32 HOUSE BILL 383 9
IN ACCORDANCE WITH T HE RULES OF THE COMMISSION. 1
2. UPON RECEIPT OF AN APPLIC ATION TO REISSUE A MULTISTATE 2
LICENSE, THE NEW HOME STATE SHALL VERIFY THAT THE MULTISTATE LICENSE 3
IS ACTIVE, UNENCUMBERED , AND ELIGIBLE FOR REI SSUANCE UNDER THE TE RMS OF 4
THE COMPACT AND THE RULES OF THE COMMISSION. THE MULTISTATE LICENSE 5
ISSUED BY THE PRIOR HOME STATE WILL BE DEACTIV ATED AND ALL MEMBER 6
STATES NOTIFIED IN AC CORDANCE WITH THE AP PLICABLE RULES ADOPTED BY THE 7
COMMISSION. 8
3. IF REQUIRED FOR INITI AL LICENSURE , THE NEW HOME STATE 9
MAY REQUIRE A BACKGROUND CHECK AS SPECIFIED IN THE LAWS OF THAT STATE 10
OR THE COMPLIANCE WI TH ANY JURISPRUDENCE REQUIREMENTS OF THE N EW 11
HOME STATE. 12
4. NOTWITHSTANDING ANY O THER PROVISION OF TH IS COMPACT, IF 13
A LICENSEE DOES NOT MEE T THE REQUIREMENTS SET FORTH IN THIS COMPACT 14
FOR THE REISSUANCE O F A MULTISTATE LICENSE BY THE NEW HOME STATE, THEN 15
THE LICENSEE SHALL BE SUB JECT TO THE NEW HOME STATE REQUIREMENTS FO R 16
THE ISSUANCE OF A SINGLE–STATE LICENSE IN THAT STATE. 17
C. IF A LICENSEE CHANGES THEI R PRIMARY STATE OF RESIDENCE BY 18
MOVING FROM A MEMBER STATE TO A NON –MEMBER STATE, OR FROM A 19
NON–MEMBER STATE TO A MEMBER STATE, THEN THE LICENSEE SHALL BE 20
SUBJECT TO THE STATE REQUIREMENTS FO R THE ISSUANCE OF A SINGLE–STATE 21
LICENSE IN THE NEW HOME STATE. 22
D. NOTHING IN THIS COMPACT SHALL INTERFE RE WITH A LICENSEE’S 23
ABILITY TO HOLD A SINGLE–STATE LICENSE IN MULTIPLE STATES; HOWEVER F OR 24
THE PURPOSES OF THIS COMPACT, A LICENSEE SHALL HAVE O NLY ONE HOME 25
STATE AND ONLY ONE MULTISTATE LICENSE. 26
E. NOTHING IN THIS COMPACT MAY INTERFERE WITH THE R EQUIREMENTS 27
ESTABLISHED BY A MEMBER STATE FOR THE ISSUANC E OF A SINGLE–STATE 28
LICENSE. 29
ARTICLE 6. AUTHORITY OF THE COMPACT COMMISSION AND MEMBER STATE 30
LICENSING AUTHORITIES. 31
A. NOTHING IN THIS COMPACT, NOR ANY RULE OR REGULATION OF THE 32
COMMISSION, MAY BE CONSTRUED TO LIMI T, RESTRICT, OR IN ANY WAY REDUCE 33
THE ABILITY OF A MEMBER STATE TO ENACT AND EN FORCE LAWS, REGULATIONS , 34
OR OTHER RULES RELAT ED TO THE PRACTICE OF COSMETOLOGY IN THAT STATE, 35 10 HOUSE BILL 383
IF THOSE LAWS, REGULATIONS , OR OTHER RULES ARE N OT INCONSISTEN T WITH THE 1
PROVISIONS OF THIS COMPACT. 2
B. INSOFAR AS PRACTICAL , A MEMBER STATE’S STATE LICENSING 3
AUTHORITY SHALL COOPE RATE WITH THE COMMISSION AND WITH E ACH ENTITY 4
EXERCISING INDEPENDE NT REGULATORY AUTHOR ITY OVER THE PRACTICE OF 5
COSMETOLOGY ACCORDING TO THE PROVISIONS OF TH IS COMPACT. 6
C. DISCIPLINE SHALL BE T HE SOLE RESPONSIBILI TY OF THE STATE IN 7
WHICH COSMETOLOGY SERVICES ARE PROVIDED . ACCORDINGLY , EACH MEMBER 8
STATE’S STATE LICENSING AUTHORITY SHALL BE RE SPONSIBLE FOR RECEIV ING 9
COMPLAINTS ABOUT IND IVIDUALS PRACTICING COSMETOLOGY IN THAT STATE AND 10
FOR COMMUNICATING AL L RELEVANT INVESTIGATIVE INFORMATION ABOUT ANY 11
SUCH ADVERSE ACTION TO THE OTHER MEMBER STATES THROUGH THE DATA 12
SYSTEM IN ADDITION TO ANY OTHER METHODS THE COMMISSION MAY BY RULE 13
REQUIRE. 14
ARTICLE 7. ADVERSE ACTIONS. 15
A. A LICENSEE’S HOME STATE SHALL HAVE EXCL USIVE POWER TO IMPOS E 16
AN ADVERSE ACTION AGAINST A LICENSEE’S MULTISTATE LICENSE ISSUED BY THE 17
HOME STATE. 18
B. A HOME STATE MAY TAKE ADVERSE ACTION ON A MULTISTATE 19
LICENSE BASED ON THE INVESTIGATIVE INFORMATION , CURRENT SIGNIFICANT 20
INVESTIGATIVE INFORMATION , OR ADVERSE ACTION OF A REMOTE STATE. 21
C. IN ADDITION TO THE PO WERS CONFERRED BY STATE LAW, EACH 22
REMOTE STATE’S STATE LICENSING AUTHORITY SHALL HAVE THE POWER TO : 23
1. TAKE ADVERSE ACTION AGAINST A LICENSEE’S AUTHORIZATION 24
TO PRACTICE COSMETOLOGY THROUGH T HE MULTISTATE LICENSE IN THAT 25
MEMBER STATE, PROVIDED THAT : 26
A. ONLY THE LICENSEE’S HOME STATE SHALL HAVE THE 27
POWER TO TAKE ADVERSE ACTION AGAINST THE MULTISTATE LICENSE ISSUED BY 28
THE HOME STATE; AND 29
B. FOR THE PURPOSES OF T AKING ADVERSE ACTION, THE 30
HOME STATE’S STATE LICENSING AUTHORITY SHALL GIVE THE SAME PRIORITY 31
AND EFFECT TO REPORT ED CONDUCT RE CEIVED FROM A REMOTE STATE AS IT 32
WOULD IF THE CONDUCT HAD OCCURRED WITHIN THE HOME STATE. IN SO DOING, 33
THE HOME STATE SHALL APPLY ITS OWN STATE LAWS TO DETERMI NE THE 34 HOUSE BILL 383 11
APPROPRIATE ACTION . 1
2. ISSUE CEASE AND DESIS T ORDERS OR IMPOSE A N ENCUMBRANCE 2
ON A LICENSEE’S AUTHORIZATION TO PRACTICE WITHIN THAT MEMBER STATE. 3
3. COMPLETE ANY PENDING INVESTIGATIONS OF A LICENSEE WHO 4
CHANGES THEIR PRIMAR Y STATE OF RESIDENCE DU RING THE COURSE OF S UCH AN 5
INVESTIGATION . THE STATE LICENSING AUTHORITY MAY REPORT THE RESULTS OF 6
AN INVESTIGATION TO THE COMMISSION THROUGH TH E DATA SYSTEM AS 7
DESCRIBED HEREIN . 8
4. ISSUE SUBPOENAS FOR B OTH HEARINGS AND INV ESTIGATIONS 9
THAT REQUIRE THE ATT ENDANCE AND TESTIMON Y OF WITNESSES, AS WELL AS THE 10
PRODUCTION OF EVIDEN CE. SUBPOENAS ISSUE D BY A STATE LICENSING 11
AUTHORITY IN A MEMBER STATE FOR THE ATTENDA NCE AND TESTIMONY OF 12
WITNESSES OR THE PRO DUCTION OF EVIDENCE FROM ANOTHER MEMBER STATE 13
SHALL BE ENFORCED IN THE LATTER STATE BY ANY COURT OF COMPETENT 14
JURISDICTION, ACCORDING TO THE PRA CTICE AND PROCEDURE OF THAT COURT 15
APPLICABLE TO SUBPOE NAS ISSUED IN PROCEE DINGS BEFORE IT . THE ISSUING 16
STATE LICENSING AUTHORITY SHALL PAY A NY WITNESS FEES , TRAVEL EXPENSES , 17
MILEAGE, AND OTHER FEES REQUIRED BY T HE SERVICE STATUTES OF THE STATE IN 18
WHICH THE WITNESSES OR EVIDENCE ARE LOCA TED. 19
5. IF OTHERWISE PERMITTED BY STATE LAW, RECOVER FROM THE 20
AFFECTED LICENSEE THE COSTS OF INVESTIGATIONS AND D ISPOSITION OF CASES 21
RESULTING FROM ANY ADVERSE ACTION TAKEN AGAINST THAT LICENSEE. 22
6. TAKE ADVERSE ACTION AGAINST THE LICENSEE’S 23
AUTHORIZATION TO PRACTICE IN THAT STATE BASED ON THE FA CTUAL FINDINGS 24
OF ANOTHER REMOTE STATE. 25
D. A LICENSEE’S HOME STATE SHALL COMPLETE ANY PENDING 26
INVESTIGATION OF A COSMETOLOGIST WHO CHA NGES THEIR PRIMARY STATE OF 27
RESIDENCE DURING THE COURSE OF THE INVEST IGATION. THE HOME STATE SHALL 28
ALSO HAVE THE AUTHOR ITY TO TAKE APPROPRI ATE ACTION AND SHALL PROMPTLY 29
REPORT THE CONCLUSIO NS OF THE INVESTIGAT IONS TO THE DATA SYSTEM. 30
E. IF AN ADVERSE ACTION IS TAKEN BY TH E HOME STATE AGAINST A 31
LICENSEE’S MULTISTATE LICENSE, THE LICENSEE’S AUTHORIZATION TO 32
PRACTICE IN ALL OTHER MEMBER STATES SHALL BE DEACT IVATED UNT IL ALL 33
ENCUMBRANCES HAVE BEE N REMOVED FROM THE HOME STATE LICENSE. ALL 34
HOME STATE DISCIPLINARY OR DERS THAT IMPOSE AN ADVERSE ACTION AGAINST 35
A LICENSEE’S MULTISTATE LICENSE SHALL INCLUDE A STATEMENT THAT THE 36 12 HOUSE BILL 383
COSMETOLOGIST ’S AUTHORIZATION TO PRACTICE IS DEACTIVAT ED IN ALL 1
MEMBER STATES DURING THE PEN DENCY OF THE ORDER . 2
F. NOTHING IN THIS COMPACT SHALL OVERRID E A MEMBER STATE’S 3
AUTHORITY TO ACCEPT A LICENSEE’S PARTICIPATION IN A N ALTERNATIVE 4
PROGRAM IN LIEU OF ADVERSE ACTION. A LICENSEE’S MULTISTATE LICENSE 5
SHALL BE SUSPENDED F OR THE DURATION OF T HE LICENSEE’S PARTICIPATION IN 6
ANY ALTERNATIVE PROGRAM. 7
G. JOINT INVESTIGATIONS . 8
1. IN ADDITION TO THE AU THORITY GRANTED TO A MEMBER STATE 9
BY ITS RESPECTIVE SC OPE OF PRACTICE LAWS OR OTHER APPLI CABLE STATE LAW, 10
A MEMBER STATE MAY PARTICIPATE WITH OTHER MEMBER STATES IN JOINT 11
INVESTIGATIONS OF LICENSEES. 12
2. MEMBER STATES SHALL SHARE AN Y INVESTIGATIVE, LITIGATION, 13
OR COMPLIANCE MATERI ALS IN FURTHERANCE O F ANY JOINT OR INDIV IDUAL 14
INVESTIGATION INITIATED UNDER THE COMPACT. 15
ARTICLE 8. ACTIVE MILITARY MEMBERS AND THEIR SPOUSES. 16
ACTIVE MILITARY MEMBERS, OR THEIR SPOUSES , SHALL DESIGNATE A HOME 17
STATE WHERE THE INDIV IDUAL HAS A CURRENT LICENSE TO PRACTICE 18
COSMETOLOGY IN GOOD S TANDING. THE INDIVIDUA L MAY RETAIN THEIR HOME 19
STATE DESIGNATION DUR ING ANY PERIOD OF SE RVICE WHEN THAT INDI VIDUAL OR 20
THEIR SPOUSE IS ON A CTIVE DUTY ASSIGNMEN T. 21
ARTICLE 9. ESTABLISHMENT AND OPERATION OF THE COSMETOLOGY LICENSURE 22
COMPACT COMMISSION. 23
A. THE COMPACT MEMBER STATES HEREBY CREATE AND ESTABLISH A 24
JOINT GOVERNMENT AGE NCY WHOSE MEMBERSHIP CONSISTS OF ALL MEMBER 25
STATES THAT HAVE ENAC TED THE COMPACT KNOWN AS THE COSMETOLOGY 26
LICENSURE COMPACT COMMISSION. THE COMMISSION IS AN INSTRUMENTALIT Y 27
OF THE COMPACT MEMBER STATES ACTING JOINTLY AND NOT AN 28
INSTRUMENTALITY OF A NY ONE STATE. THE COMMISSION SHALL COME INTO 29
EXISTENCE ON OR AFTE R THE EFFECTIVE DATE OF THE COMPACT AS SET FORTH IN 30
ARTICLE 13. 31
B. MEMBERSHIP, VOTING, AND MEETINGS. 32
1. EACH MEMBER STATE SHALL HAVE AND BE LIMITED TO ONE 33 HOUSE BILL 383 13
DELEGATE SELECTED BY THAT MEMBER STATE’S STATE LICENSING AUTHORITY. 1
2. THE DELEGATE SHALL BE AN ADMINISTRATOR OF THE STATE 2
LICENSING AUTHORITY OF THE MEMBER STATE OR THEIR DESIGN EE. 3
3. THE COMMISSION SHALL BY RULE OR BYLAW ESTABLI SH A TERM 4
OF OFFICE FOR DELEGA TES AND MAY BY RULE OR BYLAW ESTABLI SH TERM LIMITS. 5
4. THE COMMISSION MAY RECOMM END REMOVAL OR SUSPE NSION 6
OF ANY DELEGATE FROM OFFICE. 7
5. A MEMBER STATE’S STATE LICENSING AUTHORITY SHALL FILL 8
ANY VACANCY OF ITS DELEGATE OCCURRING ON THE COMMISSION WITHIN 60 DAYS 9
OF THE VACANCY . 10
6. EACH DELEGATE SHALL B E ENTITLED TO ONE VO TE ON ALL 11
MATTERS THAT ARE VOT ED ON BY THE COMMISSION. 12
7. THE COMMISSION SHALL MEET AT LEAST ONCE DURING EACH 13
CALENDAR YEAR . ADDITIONAL MEETINGS M AY BE HELD AS SET FO RTH IN THE 14
BYLAWS. THE COMMISSION MAY MEET B Y TELECOMMUNICATION , VIDEO 15
CONFERENCE , OR OTHER SIMILAR ELE CTRONIC MEANS . 16
C. THE COMMISSION SHALL HAVE THE FOLLOWING POWERS : 17
1. ESTABLISH THE FISCAL YEAR OF THE COMMISSION; 18
2. ESTABLISH A CODE OF C ONDUCT AND CONFLICT OF INTEREST 19
POLICIES; 20
3. ADOPT RULES AND BYLAWS ; 21
4. MAINTAIN ITS FINANCIA L RECORDS IN ACCORDA NCE WITH THE 22
BYLAWS; 23
5. MEET AND TAKE SUCH AC TIONS AS ARE CONSIST ENT WITH THE 24
PROVISIONS OF TH IS COMPACT, THE COMMISSION’S RULES, AND THE BYLAWS ; 25
6. INITIATE AND CONCLUDE LEGAL PROCEEDINGS OR ACTIONS IN 26
THE NAME OF THE COMMISSION, PROVIDED THAT THE ST ANDING OF ANY STATE 27
LICENSING AUTHORITY TO SUE OR B E SUED UNDER APPLICA BLE LAW MAY NOT BE 28
AFFECTED; 29
14 HOUSE BILL 383
7. MAINTAIN AND CERTIFY RECORDS AND INFORMAT ION PROVIDED 1
TO A MEMBER STATE AS THE AUTHENTI CATED BUSINESS RECOR DS OF THE 2
COMMISSION AND DESIGNATE AN AGE NT TO DO SO ON THE COMMISSION’S BEHALF; 3
8. PURCHASE AND MAINTAIN INSURANCE AND BONDS ; 4
9. BORROW, ACCEPT, OR CONTRACT FOR SERV ICES OF PERSONNEL , 5
INCLUDING EMPLOYEES OF A MEMBER STATE; 6
10. CONDUCT AN ANNUAL FIN ANCIAL REVIEW ; 7
11. HIRE EMPLOYEES , ELECT OR APPOINT OFF ICERS, FIX 8
COMPENSATION , DEFINE DUTIES , GRANT SUCH INDIVIDUALS APPROPRI ATE 9
AUTHORITY TO CARRY OUT THE PURPOSES OF THE COMPACT, AND ESTABLISH THE 10
COMMISSION’S PERSONNEL POLICIES AND PROGRAMS RELATIN G TO CONFLICTS OF 11
INTEREST, QUALIFICATIONS OF PE RSONNEL, AND OTHER RELATED PE RSONNEL 12
MATTERS; 13
12. AS SET FORTH IN THE COMMISSION RULES, CHARGE A FEE TO A 14
LICENSEE FOR THE GRAN T OF A MULTISTATE LICENSE AND THEREAFTE R, AS MAY 15
BE ESTABLISHED BY COMMISSION RULE, CHARGE THE LICENSEE A MULTISTATE 16
LICENSE RENEWAL FEE F OR EACH RENEWAL PERI OD. NOTHING HEREIN MAY BE 17
CONSTRUED TO PREVENT A HOME STATE FROM CHARGING A LICENSEE A FEE FOR 18
A MULTISTATE LICENSE OR RENEWALS O F A MULTISTATE LICENSE, OR A FEE FOR 19
THE JURISPRUDENCE REQUIREMENT IF THE MEMBER STATE IMPOSES SUCH A 20
REQUIREMENT FOR THE GRANT OF A MULTISTATE LICENSE; 21
13. ASSESS AND COLLECT FEES; 22
14. ACCEPT ANY AND ALL AP PROPRIATE GIFTS , DONATIONS, GRANTS 23
OF MONEY, OTHER SOURCES OF REV ENUE, EQUIPMENT, SUPPLIES, MATERIALS, AND 24
SERVICES, AND RECEIVE, UTILIZE, AND DISPOSE OF THE S AME; PROVIDED THAT AT 25
ALL TIMES THE COMMISSION SHALL AVOI D ANY APPEARANCE OF IMPROP RIETY OR 26
CONFLICT OF INTEREST ; 27
15. LEASE, PURCHASE, RETAIN, OWN, HOLD, IMPROVE, OR USE ANY 28
PROPERTY, REAL, PERSONAL, OR MIXED, OR ANY UNDIVIDED INT EREST THEREIN ; 29
16. SELL, CONVEY, MORTGAGE , PLEDGE, LEASE, EXCHANGE, 30
ABANDON, OR OTHERWISE DISPOSE OF A NY PROPERTY, REAL, PERSONAL, OR MIXED; 31
17. ESTABLISH A BUDGET AN D MAKE EXPENDITURES ; 32
HOUSE BILL 383 15
18. BORROW MONEY ; 1
19. APPOINT COMMITTEES , INCLUDING STANDING C OMMITTEES, 2
COMPOSED OF MEMBERS , STATE REGULATORS , STATE LEGISLATORS OR THEIR 3
REPRESENTATIVES , AND CONSUMER REPRESE NTATIVES, AND SUCH OTHER 4
INTERESTED PERSONS AS MAY BE DESIGNATED IN THIS COMPACT AND THE BYLAW S; 5
20. PROVIDE AND RECEIVE I NFORMATION FROM AND COOPERATE 6
WITH LAW ENFORCEMENT AGENCIES; 7
21. ELECT A CHAIR, VICE CHAIR, SECRETARY AND TREASURER AND 8
SUCH OTHER OFFICERS OF TH E COMMISSION AS PROVIDE D IN THE COMMISSION’S 9
BYLAWS; 10
22. ESTABLISH AND ELECT A N EXECUTIVE COMMITTEE, INCLUDING 11
A CHAIR AND A VICE CHAIR; 12
23. ADOPT AND PROVIDE TO THE MEMBER STATES AN ANNUAL 13
REPORT; 14
24. DETERMINE WHETHER A STATE’S ADOPTED LANGUAGE I S 15
MATERIALLY DIFFERENT FROM THE MODEL COMPACT LANGUAGE SUCH THAT THE 16
STATE WOULD NOT QUALI FY FOR PARTICIPATION IN THE COMPACT; AND 17
25. PERFORM SUCH OTHER FUNCTIONS AS M AY BE NECESSARY OR 18
APPROPRIATE TO ACHIE VE THE PURPOSES OF T HIS COMPACT. 19
D. THE EXECUTIVE COMMITTEE. 20
1. THE EXECUTIVE COMMITTEE SHALL HAVE THE POWER TO ACT ON 21
BEHALF OF THE COMMISSION ACCORDING TO THE TERMS OF THIS COMPACT. THE 22
POWERS, DUTIES, AND RESPONSIBILITIES OF THE EXECUTIVE COMMITTEE SHALL 23
INCLUDE: 24
A. OVERSEEING THE DAY –TO–DAY ACTIVITIES OF TH E 25
ADMINISTRATION OF TH E COMPACT INCLUDING COM PLIANCE WITH THE 26
PROVISIONS OF THE COMPACT, THE COMMISSION’S RULES AND BYLAWS , AND SUCH 27
OTHER DUTIES AS DEEM ED NECESSARY ; 28
B. RECOMMENDING TO THE COMMISSION CHANGES TO THE 29
RULES OR BYLAWS , CHANGES TO THIS COMPACT LEGISLATION , FEES CHARGED TO 30
COMPACT MEMBER STATES, FEES CHARGED TO LICENSEES, AND OTHER FEES ; 31
16 HOUSE BILL 383
C. ENSURING COMPACT ADMINISTRATIO N SERVICES ARE 1
APPROPRIATELY PROVID ED, INCLUDING BY CONTRAC T; 2
D. PREPARING AND RECOMME NDING THE BUDGET; 3
E. MAINTAINING FINANCIAL RECORDS ON BEHALF OF THE 4
COMMISSION; 5
F. MONITORING COMPACT COMPLIANCE OF MEMBER STATES 6
AND PROVIDING COMPLI ANCE REPORTS TO THE COMMISSION; 7
G. ESTABLISHING ADDITION AL COMMITTEES AS NEC ESSARY; 8
H. EXERCISING THE POWERS AND DUTIES OF THE 9
COMMISSION DURING THE INTERIM BETWEEN COMMISSION MEETINGS , EXCEPT 10
FOR ADOPTING OR AMEN DING RULES, ADOPTING OR AMENDING BYLAWS, AND 11
EXERCISING ANY OTHER POWERS AND DUTIES EX PRESSLY RESERVED TO THE 12
COMMISSION BY RULE OR BYLAW; AND 13
I. OTHER DUTIES AS PROVI DED IN THE RULES OR BYLAWS OF 14
THE COMMISSION. 15
2. THE EXECUTIVE COMMITTEE SHALL BE CO MPOSED OF UP TO 16
SEVEN VOTING MEMBERS . 17
A. THE CHAIR AND VICE CHAIR OF THE COMMISSION AND ANY 18
OTHER MEMBERS OF THE COMMISSION WHO SERVE ON THE EXECUTIVE 19
COMMITTEE SHALL BE VO TING MEMBERS OF THE EXECUTIVE COMMITTEE; AND 20
B. OTHER THAN THE CHAIR, VICE CHAIR, SECRETARY AND 21
TREASURER, THE COMMISSION SHALL ELEC T THREE VOTING MEMBE RS FROM THE 22
CURRENT MEMBERSHIP O F THE COMMISSION. 23
C. THE COMMISSION MAY ELECT EX OFFICIO, NONVOTING 24
MEMBERS FROM A RECOG NIZED NATIONAL COSMETOLOGY PROFESSIO NAL 25
ASSOCIATION AS APPRO VED BY THE COMMISSION. THE COMMISSION’S BYLAWS 26
SHALL IDENTIFY QUALI FYING ORGANIZATIONS AND THE MANNER OF AP POINTMENT 27
IF THE NUMBER OF ORGANIZATI ONS SEEKING TO APPOI NT AN EX OFFICIO MEM BER 28
EXCEEDS THE NUMBER O F MEMBERS SPECIFIED IN THIS ARTICLE. 29
3. THE COMMISSION MAY REMOVE ANY MEMBER OF THE EXECUTIVE 30
COMMITTEE AS PROVIDED IN THE COMMISSION’S BYLAWS. 31
HOUSE BILL 383 17
4. THE EXECUTIVE COMMITTEE SHALL MEET AT LEAST ANNUALLY . 1
A. ANNUAL EXECUTIVE COMMITTEE MEETINGS , AS WELL AS 2
ANY EXECUTIVE COMMITTEE MEETING AT WHICH IT DOES NOT TA KE OR INTEND TO 3
TAKE FORMAL ACTION O N A MATTER FOR WHICH A COMMISSION VOTE WOULD 4
OTHERWISE BE REQUIRE D, SHALL BE OPEN TO THE PUB LIC, EXCEPT THAT THE 5
EXECUTIVE COMMITTEE MAY MEET IN A CLOSED, NON–PUBLIC SESSION OF A 6
PUBLIC MEETING WHEN DEALING WITH ANY OF THE MATTERS COVERED UNDER 7
ARTICLE 9.F.4. 8
B. THE EXECUTIVE COMMITTEE SHALL GIVE 5 BUSINESS DAYS 9
ADVANCE NOTICE OF IT S PUBLIC MEETINGS , POSTED ON ITS WEBSIT E AND AS 10
DETERMINED TO PROVID E NOTICE TO PERSONS WITH AN INTEREST IN THE PUBLIC 11
MATTERS THE EXECUTIVE COMMITTEE INTENDS TO ADDRESS AT THOSE MEE TINGS. 12
5. THE EXECUTIVE COMMITTEE M AY HOLD AN EMERGENCY 13
MEETING WHEN ACTING FOR THE COMMISSION TO : 14
A. MEET AN IMMINENT THRE AT TO PUBLIC HEALTH , SAFETY, 15
OR WELFARE; 16
B. PREVENT A LOSS OF COMMISSION OR MEMBER STATE 17
FUNDS; OR 18
C. PROTECT PUBLIC HEALTH AND SAFETY. 19
E. THE COMMISSION SHALL ADOP T AND PROVIDE TO THE MEMBER 20
STATES AN ANNUAL REPO RT. 21
F. MEETINGS OF THE COMMISSION. 22
1. ALL MEETINGS OF THE COMMISSION THAT ARE N OT CLOSED 23
PURSUANT TO ARTICLE 9.F.4. SHALL BE OPEN TO THE PUBLIC. NOTICE OF PUBLIC 24
MEETINGS SHALL BE PO STED ON THE COMMISSION’S WEBSITE AT LEAST 30 DAYS 25
PRIOR TO THE PUBLIC MEETING . 26
2. NOTWITHSTANDING ARTICLE 9.F.1., THE COMMISSION MAY 27
CONVENE AN EMERGENCY PUBLIC MEETING BY PR OVIDING AT LEAST 24 HOURS 28
PRIOR NOTICE ON THE COMMISSION’S WEBSITE, AND ANY OTHER MEANS AS 29
PROVIDED IN THE COMMISSION’S RULES, FOR ANY OF THE REASO NS IT MAY 30
DISPENSE WITH NOTICE OF PROPOSED RULEMAKI NG UNDER ARTICLE 11.L. THE 31
COMMISSION’S LEGAL COUNSEL SHAL L CERTIFY THAT ONE O F THE REASONS 32
JUSTIFYING AN EMERGENCY PUBLIC MEE TING HAS BEEN MET . 33 18 HOUSE BILL 383
3. NOTICE OF ALL COMMISSION MEETINGS S HALL PROVIDE THE 1
TIME, DATE, AND LOCATION OF THE MEETING, AND IF THE MEETING I S TO BE HELD 2
OR ACCESSIBLE VIA TE LECOMMUNICATION , VIDEO CONFERENCE , OR OTHER 3
ELECTRONIC MEANS , THE NOTICE SHALL INC LUDE THE MECHANISM F OR ACCESS TO 4
THE MEETIN G. 5
4. THE COMMISSION MAY CONVEN E IN A CLOSED , NON–PUBLIC 6
MEETING FOR THE COMMISSION TO DISCUSS : 7
A. NON–COMPLIANCE OF A MEMBER STATE WITH ITS 8
OBLIGATIONS UNDER TH E COMPACT; 9
B. THE EMPLOYMENT , COMPENSATION , DISCIPLINE OR OTHER 10
MATTERS, PRACTICES OR PROCEDU RES RELATED TO SPECI FIC EMPLOYEES OR 11
OTHER MATTERS RELATE D TO THE COMMISSION’S INTERNAL PERSONNEL 12
PRACTICES AND PROCED URES; 13
C. CURRENT OR THREATENED DISCIPLINE OF A LICENSEE BY 14
THE COMMISSION OR BY A MEMBER STATE’S LICENSING AUTHORITY; 15
D. CURRENT, THREATENED , OR REASONABLY ANTICI PATED 16
LITIGATION; 17
E. NEGOTIATION OF CONTRA CTS FOR THE PURCHASE , LEASE, 18
OR SALE OF GOODS , SERVICES, OR REAL ESTATE ; 19
F. ACCUSING ANY PERSON O F A CRIME OR FORMALL Y 20
CENSURING ANY PERSON ; 21
G. TRADE SECRETS OR COMM ERCIAL OR FINANCIAL 22
INFORMATION THAT IS PRIVILEGED OR CONFID ENTIAL; 23
H. INFORMATION OF A PERS ONAL NATURE WHERE 24
DISCLOSURE WOULD CON STITUTE A CLEARLY UN WARRANTE D INVASION OF 25
PERSONAL PRIVACY ; 26
I. INVESTIGATIVE RECORDS COMPILED FOR LAW 27
ENFORCEMENT PURPOSES ; 28
J. INFORMATION RELATED T O ANY INVESTIGATIVE REPORTS 29
PREPARED BY OR ON BE HALF OF OR FOR USE O F THE COMMISSION OR OTHER 30
COMMITTEE CHARGED WI TH RESPONSIB ILITY OF INVESTIGATI ON OR 31 HOUSE BILL 383 19
DETERMINATION OF COM PLIANCE ISSUES PURSU ANT TO THE COMPACT; 1
K. LEGAL ADVICE; 2
L. MATTERS SPECIFICALLY EXEMPTED FROM DISCLO SURE TO 3
THE PUBLIC BY FEDERA L OR MEMBER STATE LAW; OR 4
M. OTHER MATTERS AS PROM ULGATED BY THE COMMISSION 5
BY RULE. 6
5. IF A MEETING , OR PORTION OF A MEET ING, IS CLOSED, THE 7
PRESIDING OFFICER SH ALL STATE THAT THE M EETING WILL BE CLOSE D AND 8
REFERENCE EACH RELEV ANT EXEMPTING PROVIS ION, AND SUCH REFERENCE 9
SHALL BE RECORDED IN THE MINUTES. 10
6. THE COMMISSION SHALL KEEP MINUTES THAT FULLY A ND 11
CLEARLY DESCRIBE ALL MATTERS DISCUSSED IN A MEETING AND SHALL PROVIDE A 12
FULL AND ACCURATE SU MMARY OF ACTIONS TAK EN, AND THE REASON S THEREFOR, 13
INCLUDING A DESCRIPT ION OF THE VIEWS EXP RESSED. ALL DOCUMENTS 14
CONSIDERED IN CONNECTION WIT H AN ACTION SHALL BE IDENTIFIED IN SUCH 15
MINUTES. ALL MINUTES AND DOCUM ENTS OF A CLOSED MEE TING SHALL REMAIN 16
UNDER SEAL , SUBJECT TO RELEASE O NLY BY A MAJORITY VO TE OF THE 17
COMMISSION OR ORDER O F A COURT OF COMPETE NT JURISDICTION . 18
G. FINANCING OF THE COMMISSION. 19
1. THE COMMISSION SHALL PAY , OR PROVIDE FOR THE P AYMENT 20
OF, THE REASONABLE EXPEN SES OF ITS ESTABLISH MENT, ORGANIZATION , AND 21
ONGOING ACTIVITIES . 22
2. THE COMMISSION MAY ACCEPT ANY AND ALL APPROPRI ATE 23
SOURCES OF REVENUE , DONATIONS, AND GRANTS OF MONEY , EQUIPMENT, 24
SUPPLIES, MATERIALS, AND SERVICES. 25
3. THE COMMISSION MAY LEVY O N AND COLLECT AN ANN UAL 26
ASSESSMENT FROM EACH MEMBER STATE AND IMPOSE FEES ON LICENSEES OF 27
MEMBER STATES TO WHOM IT GRA NTS A MULTISTATE LICENSE TO COVER THE 28
COST OF THE OPERATIO NS AND ACTIVITIES OF THE COMMISSION AND ITS ST AFF, 29
WHICH MUST BE IN A T OTAL AMOUNT SUFFICIE NT TO COVER ITS ANNU AL BUDGET 30
AS APPROVED EACH YEA R FOR WHICH REVENUE IS NOT PROVIDED BY O THER 31
SOURCES. THE AGGREGATE ANNUAL ASSESSMENT AMOUNT FO R MEMBER STATES 32
SHALL BE ALLOCATED B ASED UPON A FORMULA THAT THE COMMISSION SHALL 33
PROMULGATE BY RULE. 34 20 HOUSE BILL 383
4. THE COMMISSION MAY NOT INCUR OBLIGATIONS OF ANY KIND 1
PRIOR TO SECURING THE ADEQUATE FUNDS TO MEET THE SAME ; NOR SHALL THE 2
COMMISSION PLEDGE THE CREDIT OF ANY MEMBER STATES, EXCEPT BY AND WITH 3
THE AUTHORITY OF THE MEMBER STATE. 4
5. THE COMMISSION SHALL KEEP ACCURATE ACCOUNTS OF ALL 5
RECEIPTS AND DISBURS EMENTS. THE RECEIPTS AND DISBURSE MENTS OF THE 6
COMMISSION SHALL BE S UBJECT TO THE FINANC IAL REVIEW AND ACCOU NTING 7
PROCEDURES ESTABLISH ED UNDER ITS BYLAWS . ALL RECEIPTS AND 8
DISBURSEMENTS OF FUN DS HANDLED BY THE COMMISSION SHALL BE S UBJECT TO 9
AN ANNUAL FINANCIAL REVIEW BY A CERTIFIED OR LICEN SED PUBLIC ACCOUNTAN T 10
AND THE REPORT OF TH E FINANCIAL REVIEW S HALL BE INCLUDED IN AND BECOME 11
PART OF THE ANNUAL R EPORT OF THE COMMISSION. 12
H. QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION . 13
1. THE MEMBERS , OFFICERS, EXECUTIVE DIR ECTOR, EMPLOYEES 14
AND REPRESENTATIVES OF THE COMMISSION SHALL BE I MMUNE FROM SUIT AND 15
LIABILITY, BOTH PERSONALLY AND IN THEIR OFFICIAL CA PACITY, FOR ANY CLAIM 16
FOR DAMAGE TO OR LOS S OF PROPERTY OR PER SONAL INJURY OR OTHE R CIVIL 17
LIABILITY CAUSED BY OR ARISING OUT OF ANY ACTUAL OR ALLEGED ACT , ERROR, 18
OR OMISSION THAT OCC URRED, OR THAT THE PERSON A GAINST WHOM THE CLAI M 19
IS MADE HAD A REASON ABLE BASIS FOR BELIE VING OCCURRED WITHIN THE SCOPE 20
OF COMMISSION EMPLOYMENT , DUTIES OR RESPONSIBI LITIES; PROVIDED THAT 21
NOTHING IN THIS PARAGRAPH MAY BE CONSTRUED TO PROT ECT ANY SUCH PERSON 22
FROM SUIT OR LIABILI TY FOR ANY DAMAGE , LOSS, INJURY, OR LIABILITY CAUSED BY 23
THE INTENTIONAL OR W ILLFUL OR WANTON MIS CONDUCT OF THAT PERS ON. THE 24
PROCUREMENT OF INSUR ANCE OF ANY TYPE BY THE COMMISSION MAY NOT IN ANY 25
WAY COMPROMISE OR LI MIT THE IMMUNITY GRA NTED HEREUNDER . 26
2. THE COMMISSION SHALL DEFE ND ANY MEMBER , OFFICER, 27
EXECUTIVE DIRECTOR , EMPLOYEE, AND REPRESENTATIVE O F THE COMMISSION IN 28
ANY CIVIL ACTION SEE KING TO IMPOSE LIABI LITY ARISING OUT OF ANY ACTUAL OR 29
ALLEGED ACT , ERROR, OR OMISSION THAT OCC URRED WITHIN THE SCO PE OF 30
COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES , OR AS DETERMINED BY 31
THE COMMISSION THAT THE P ERSON AGAINST WHOM THE CLA IM IS MADE HAD A 32
REASONABLE BASIS FOR BELIEVING OCCURRED W ITHIN THE SCOPE OF 33
COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES ; PROVIDED THAT 34
NOTHING HEREIN MAY BE CONSTRUED TO PROH IBIT THAT PERSON FRO M 35
RETAINING THEIR OWN COUNSEL AT T HEIR OWN EXPENSE ; AND PROVIDED FURTHER 36
THAT THE ACTUAL OR A LLEGED ACT, ERROR, OR OMISSION DID NOT RESULT FROM 37
THAT PERSON ’S INTENTIONAL OR WIL LFUL OR WANTON MISCO NDUCT. 38 HOUSE BILL 383 21
3. THE COMMISSION SHALL INDE MNIFY AND HOLD HARML ESS ANY 1
MEMBER, OFFICER, EXECUTIVE D IRECTOR, EMPLOYEE, AND REPRESENTATIVE O F 2
THE COMMISSION FOR THE AM OUNT OF ANY SETTLEME NT OR JUDGMENT OBTAI NED 3
AGAINST THAT PERSON ARISING OUT OF ANY A CTUAL OR ALLEGED ACT , ERROR, OR 4
OMISSION THAT OCCURR ED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT , 5
DUTIES, OR RESPONSIBILITIES , OR THAT SUCH PERSON HAD A REASONA BLE BASIS 6
FOR BELIEVING OCCURR ED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT , 7
DUTIES, OR RESPONSIBILITIES ; PROVIDED THAT THE AC TUAL OR ALLEGED ACT , 8
ERROR, OR OMISSION DID NOT RESULT FROM THE INTE NTIONAL OR WILLFUL OR 9
WANTON MISCONDUCT OF THAT PERSON . 10
4. NOTHING HEREIN SHALL BE CONSTRUED AS A LI MITATION ON 11
THE LIABILITY OF ANY LICENSEE FOR PROFESSI ONAL MALPRACTICE OR 12
MISCONDUCT , WHICH SHALL BE GOVER NED SOLELY BY ANY OT HER APPLICABLE 13
STATE LAWS. 14
5. NOTHING IN THIS COMPACT SHALL BE INTE RPRETED TO WAIVE 15
OR OTHERWISE ABROGAT E A MEMBER STATE’S STATE ACTION IMMUNITY OR STATE 16
ACTION AFFIRMATIVE D EFENSE WITH RESPECT TO ANTITRUST CLAIMS UNDER THE 17
FEDERAL SHERMAN ACT, FEDERAL CLAYTON ACT, OR ANY OTHER STATE OR 18
FEDERAL ANTITRUST OR ANTICOMPETITIVE LAW OR REGULATION . 19
6. NOTHING IN THIS COMPACT SHALL BE CONS TRUED TO BE A 20
WAIVER OF SOVEREIGN IMMUNITY BY THE MEMBER STATES OR BY THE 21
COMMISSION. 22
ARTICLE 10. DATA SYSTEM. 23
A. THE COMMISSION SHALL PROV IDE FOR THE DEVELOPM ENT, 24
MAINTENANCE , OPERATION, AND UTILIZATION OF A COORDINATED DATABASE AND 25
REPORTING SYSTEM . 26
B. THE COMMISSION SHALL ASSI GN EACH APPLICANT FO R A MULTISTATE 27
LICENSE A UNIQUE IDEN TIFIER, AS DETERMINED BY THE RULES OF THE 28
COMMISSION. 29
C. NOTWITHSTANDING ANY O THER PROVISION OF STATE LAW TO THE 30
CONTRARY, A MEMBER STATE SHALL SUBMIT A UNIFORM DATA SET TO THE DATA 31
SYSTEM ON ALL INDIVID UALS TO WHOM THIS COMPACT IS APPLICABLE AS 32
REQUIRED BY THE RULES OF THE COMMISSION, INCLUDING: 33
1. IDENTIFYING INFORMATI ON; 34 22 HOUSE BILL 383
2. LICENSURE DATA ; 1
3. ADVERSE ACTIONS AGAINST A LIC ENSE AND RELATED THERETO; 2
4. NON–CONFIDENTIAL INFORMA TION RELATED TO ALTERNATIVE 3
PROGRAM PARTICIPATION , THE BEGINNING AND EN DING DATES OF SUCH 4
PARTICIPATION , AND OTHER INFORMATIO N RELATED TO SUCH PARTICIPATION ; 5
5. ANY DENIAL OF APPLICA TION FOR LICENSURE A ND THE REASON 6
FOR THE DENIAL (EXCLUDING THE REPORT ING OF ANY CRIMINAL HISTORY RECORD 7
INFORMATION WHERE PR OHIBITED BY LAW ); 8
6. THE EXISTENCE OF INVESTIGATIVE INFORMATION ; 9
7. THE EXISTENCE OF CURRENT SIGNIFICANT INVESTIGATIVE 10
INFORMATION ; AND 11
8. OTHER INFORMATION THA T MAY FACILITATE THE 12
ADMINISTRATION OF TH IS COMPACT OR THE PROTEC TION OF THE PUBLIC , AS 13
DETERMINED BY THE RULES OF THE COMMISSION. 14
D. THE RECORDS AND INFOR MATION PROVIDED TO A MEMBER STATE 15
PURSUANT TO THIS COMPACT OR THROUGH TH E DATA SYSTEM, WHEN CERTIFIED 16
BY THE COMMISSION OR AN AGEN T THEREOF, SHALL CONSTITUTE THE 17
AUTHENTICATED BUSINE SS RECORDS OF THE COMMISSION, AND SHALL BE 18
ENTITLED TO ANY ASSO CIATED HEARSAY EXCEP TION IN ANY RELEVANT JUDICIAL, 19
QUASI–JUDICIAL OR ADMINIST RATIVE PROCEEDINGS I N A MEMBER STATE. 20
E. THE EXISTENCE OF CURRENT SIGNIFICANT INVESTIGATIVE 21
INFORMATION AND THE E XISTENCE OF INVESTIGATIVE INFORMATI ON PERTAINING 22
TO A LICENSEE IN ANY MEMBER STATE WILL ONLY BE AV AILABLE TO OTHER 23
MEMBER STATES. 24
F. IT IS THE RESPONSIBIL ITY OF THE MEMBER STATES TO MONITOR THE 25
DATABASE TO DETERMIN E WHETHER ADVERSE ACTION HAS BEEN TAKEN AGAINST 26
SUCH A LICENSEE OR LICENSE A PPLICANT. ADVERSE ACTION INFORMATION 27
PERTAINING TO A LICENSEE OR LICENSE A PPLICANT IN ANY MEMBER STATE WILL 28
BE AVAILABLE TO ANY OTHER MEMBER STATE. 29
G. MEMBER STATES CONTRIBUTING I NFORMATION TO THE DATA SYSTEM 30
MAY DESIGNATE INFORM ATION THAT MAY NOT B E SHARED WITH THE PU BLIC 31
WITHOUT THE EXPRESS PERMISSION OF THE CO NTRIBUTING STATE. 32 HOUSE BILL 383 23
H. ANY INFORMATION SUBMITTED TO THE DATA SYSTEM THAT IS 1
SUBSEQUENTLY EXPUNGE D PURSUANT TO FEDERAL LAW OR THE L AWS OF THE 2
MEMBER STATE CONTRIBUTING TH E INFORMATION SHALL BE REMOVED FROM THE 3
DATA SYSTEM. 4
ARTICLE 11. RULEMAKING . 5
A. THE COMMISSION SHALL PROM ULGATE REASONABLE RULES IN ORDER 6
TO EFFECTIVELY AND E FFICIENTLY IMPLEMENT AND ADMINISTER THE P URPOSES 7
AND PROVISIONS OF TH E COMPACT. A RULE SHALL BE INVALID AND HAVE NO 8
FORCE OR EFFECT ONLY IF A COURT OF COMPET ENT JURISDICTION HOL DS THAT 9
THE RULE IS INVALID BECAU SE THE COMMISSION EXERCISED ITS RULEMAKING 10
AUTHORITY IN A MANNE R THAT IS BEYOND THE SCOPE AND PURPOSES O F THE 11
COMPACT, THE POWERS GRANTED UNDER TH E COMPACT, OR BASED UPON 12
ANOTHER APPLICABLE S TANDARD OF REVIEW . 13
B. THE RULES OF THE COMMISSION SHALL HAVE THE FORCE OF LAW IN 14
EACH MEMBER STATE, PROVIDED HOWEVER THA T WHERE THE RULES OF THE 15
COMMISSION CONFLICT W ITH THE LAWS OF THE MEMBER STATE THAT ESTABLISH 16
THE MEMBER STATE’S SCOPE OF PRACTICE LAWS GOVERNING THE PRACTICE OF 17
COSMETOLOGY AS HELD BY A COURT OF COMPETENT J URISDICTION, THE RULES OF 18
THE COMMISSION SHALL BE I NEFFECTIVE IN THAT STATE TO THE EXTENT O F THE 19
CONFLICT. 20
C. THE COMMISSION SHALL EXER CISE ITS RULEMAKING POWERS 21
PURSUANT TO THE CRITERIA SET FOR TH IN THIS ARTICLE AND THE RULES 22
ADOPTED THEREUNDER . RULES SHALL BECOME BI NDING AS OF THE DATE 23
SPECIFIED BY THE COMMISSION FOR EACH RULE. 24
D. IF A MAJORITY OF THE LEGISLATURES OF THE MEMBER STATES 25
REJECTS A RULE OR PORTION OF A RULE, BY ENACTMENT OF A ST ATUTE OR 26
RESOLUTIO N IN THE SAME MANNER USED TO ADOPT THE COMPACT WITHIN 4 YEARS 27
OF THE DATE OF ADOPT ION OF THE RULE, THEN THE RULE MAY NOT HAVE FURTHER 28
FORCE AND EFFECT IN ANY MEMBER STATE OR TO ANY STATE APPLYING TO 29
PARTICIPATE IN THE COMPACT. 30
E. RULES SHALL BE ADOPTE D AT A REGULAR OR SPEC IAL MEETING OF THE 31
COMMISSION. 32
F. PRIOR TO THE ADOPTION OF A PROPOS ED RULE, THE COMMISSION 33
SHALL HOLD A PUBLIC HEARING AND ALLOW PERSONS TO PROVIDE ORAL AND 34
WRITTEN COMMENTS , DATA, FACTS, OPINIONS, AND ARGUMENTS . 35 24 HOUSE BILL 383
G. PRIOR TO THE ADOPTION OF A PROPOS ED RULE BY THE COMMISSION, 1
AND AT LEAST 30 DAYS IN ADVANCE OF T HE MEETING AT WHICH THE COMMISSION 2
WILL HOLD A PUBLIC H EARING ON THE PROPOS ED RULE, THE COMMISSION SHALL 3
PROVIDE A NOTICE OF PROPOSED RULEMAKING : 4
1. ON THE WEBSITE OF TH E COMMISSION OR OTHER P UBLICLY 5
ACCESSIBLE PLATFORM ; 6
2. TO PERSONS WHO HAVE R EQUESTED NOTICE OF T HE 7
COMMISSION’S NOTICES OF PROPOSE D RULEMAKING ; AND 8
3. IN ANY SUCH WAY THE COMMISSION MAY BY RULE SPECIFY. 9
H. THE NOTICE OF PROPOSE D RULEMAKING SHALL INCLUDE: 10
1. THE TIME, DATE, AND LOCATION OF THE PUBLIC HEARING AT 11
WHICH THE COMMISSION WILL HEAR PUBLIC COMMENTS ON T HE PROPOSED RULE 12
AND, IF DIFFERENT, THE TIME, DATE, AND LOCATION OF THE MEETING WHERE THE 13
COMMISSION WILL CONSI DER AND VOTE ON THE PROPOSED RULE; 14
2. IF THE HEARING IS HEL D VIA TELECOMMUNICAT ION, VIDEO 15
CONFERENCE , OR OTHER ELECTRONIC MEANS, THE COMMISSION SHALL INCL UDE 16
THE MECHANISM FOR AC CESS TO THE HEARING IN THE NOTICE OF PRO POSED 17
RULEMAKI NG; 18
3. THE TEXT OF THE PROPO SED RULE AND THE REASON THEREFOR; 19
4. A REQUEST FOR COMMENTS ON THE PROPOSED RULE FROM ANY 20
INTERESTED PERSON ; AND 21
5. THE MANNER IN WHICH I NTERESTED PERSONS MAY SUBMIT 22
WRITTEN COMMENTS . 23
I. ALL HEARINGS SHALL BE RECORDE D. A COPY OF THE RECORDIN G AND 24
ALL WRITTEN COMMENTS AND DOCUMENTS RECEIV ED BY THE COMMISSION IN 25
RESPONSE TO THE PROP OSED RULE SHALL BE AVAILAB LE TO THE PUBLIC. 26
J. NOTHING IN THIS ARTICLE MAY BE CONSTRUED AS REQU IRING A 27
SEPARATE HEARING ON EACH RULE. RULES MAY BE GROUPED FOR THE 28
CONVENIENCE OF THE COMMISSION AT HEARING S REQUIRED BY THIS ARTICLE. 29
K. THE COMMISSION SHALL , BY MAJORITY VOTE OF ALL MEMBERS , TAKE 30 HOUSE BILL 383 25
FINAL ACTION ON THE PROPOSED RULE BASED ON THE RUL EMAKING RECORD AND 1
THE FULL TEXT OF THE RULE. 2
1. THE COMMISSION MAY ADOPT CHANGES TO THE PROPO SED RULE 3
PROVIDED THE CHANGES DO NOT ENLARGE THE O RIGINAL PURPOSE OF T HE 4
PROPOSED RULE. 5
2. THE COMMISSION SHALL PROV IDE AN EXPLANATION O F THE 6
REASONS FOR SUBSTANT IVE CHANGES MADE TO THE PROPOSED RULE AS WELL AS 7
REASONS FOR SUBSTANT IVE CHANGES NOT MADE THAT WERE RECOMMENDE D BY 8
COMMENTERS . 9
3. THE COMMISSION SHALL DETE RMINE A REASONABLE E FFECTIVE 10
DATE FOR THE RULE. EXCEPT FOR AN EMERGEN CY AS PROVIDED IN ARTICLE 11.L., 11
THE EFFECTIVE DATE O F THE RULE SHALL BE NO SOON ER THAN 45 DAYS AFTER THE 12
COMMISSION ISSUING TH E NOTICE THAT IT ADO PTED OR AMENDED THE RULE. 13
L. UPON A DETERMINATION THAT AN EMERGENCY EX ISTS, THE 14
COMMISSION MAY CONSID ER AND ADOPT AN EMER GENCY RULE WITHIN 5 DAYS, 15
WITH OPPORTUNITY TO COMMENT, PROVIDED THAT THE US UAL RULEMAKING 16
PROCEDURES PROVIDED IN THE COMPACT AND IN THIS ARTICLE SHALL BE 17
RETROACTIVELY APPLIE D TO THE RULE AS SOON AS REASO NABLY POSSIBLE , IN NO 18
EVENT LATER THAN 90 DAYS AFTER THE EFFEC TIVE DATE OF THE RULE. FOR THE 19
PURPOSES OF THIS PROVISI ON, AN EMERGENCY RULE IS ONE THAT MUST BE 20
ADOPTED IMMEDIATELY TO: 21
1. MEET AN IMMINENT THRE AT TO PUBLIC HEALTH , SAFETY, OR 22
WELFARE; 23
2. PREVENT A LOSS OF COMMISSION OR MEMBER STATE FUNDS; 24
3. MEET A DEADLINE FOR T HE PROMULGATION OF A RULE THAT IS 25
ESTABLISHED BY FEDER AL LAW OR RULE ; OR 26
4. PROTECT PUBLIC HEALTH AND SAFETY. 27
M. THE COMMISSION OR AN AUTH ORIZED COMMITTEE OF THE 28
COMMISSION MAY DIRECT REVISIONS TO A PREVI OUSLY ADOPTED RULE FOR 29
PURPOSES OF CORRECTI NG TYPOGRAPHICAL ER RORS, ERRORS IN FORMAT , 30
ERRORS IN CONSISTENC Y, OR GRAMMATICAL ERROR S. PUBLIC NOTICE OF ANY 31
REVISIONS SHALL BE P OSTED ON THE WEBSITE OF THE COMMISSION. THE REVISION 32
SHALL BE SUBJECT TO CHALLENGE BY ANY PERSON FOR A PERIOD OF 30 DAYS 33
AFTER POSTING . THE REVISION MAY BE C HALLENGED ONLY ON GR OUNDS THAT THE 34 26 HOUSE BILL 383
REVISION RESULTS IN A MATERIAL CHANGE TO A RULE. A CHALLENGE SHALL BE 1
MADE IN WRITING AND DELIVERED TO THE COMMISSION PRIOR TO THE END OF THE 2
NOTICE PERIOD . IF NO CHALLENGE IS MA DE, THE REVISION WILL TAKE EFFECT 3
WITHOUT FURTHER ACTI ON. IF THE REVISION IS CH ALLENGED, THE REVISION MAY 4
NOT TAKE EFFECT WITH OUT THE APPROVAL OF THE COMMISSION. 5
N. NO MEMBER STATE’S RULEMAKING REQUIRE MENTS MAY APPLY UNDER 6
THIS COMPACT. 7
ARTICLE 12. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT . 8
A. OVERSIGHT. 9
1. THE EXECUTIVE AND JUD ICIAL BRANCHES OF STATE 10
GOVERNMENT IN EACH MEMBER STATE SHALL ENFORCE T HIS COMPACT AND TAKE 11
ALL ACTIONS NECESSAR Y AND APPROPRIATE TO IMPLEMENT THE COMPACT. 12
2. VENUE IS PROPER AND J UDICIAL PROCEEDINGS BY OR AGAINST 13
THE COMMISSION SHALL BE B ROUGHT SOLELY AND EX CLUSIVELY IN A COURT OF 14
COMPETENT JURISDICTI ON WHERE THE PRINCIP AL OFFICE OF THE COMMISSION IS 15
LOCATED. THE COMMISSION MAY WAIVE VENUE AND JURISDICTI ONAL DEFENSES 16
TO THE EXTENT IT ADO PTS OR CONSENTS TO P ARTICIPATE IN ALTERN ATIVE 17
DISPUTE RESOLUTION P ROCEEDINGS . NOTHING HEREIN SHALL AFFECT OR LIMI T 18
THE SELECTION OR PRO PRIETY OF VENUE IN A NY ACTION AGAINST A LICENSEE FOR 19
PROFESSIONAL MALPRAC TICE, MISCONDUCT OR A NY SUCH SIMILAR MATT ER. 20
3. THE COMMISSION SHALL BE E NTITLED TO RECEIVE S ERVICE OF 21
PROCESS IN ANY PROCE EDING REGARDING THE ENFORCEMENT OR 22
INTERPRETATION OF TH E COMPACT AND SHALL HAV E STANDING TO INTERV ENE IN 23
SUCH A PROCEEDING FO R ALL PURPOSES . FAILURE TO PROVIDE THE COMMISSION 24
SERVICE OF PROCESS S HALL RENDER A JUDGME NT OR ORDER VOID AS TO THE 25
COMMISSION, THIS COMPACT, OR PROMULGATED RULES. 26
B. DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION. 27
1. IF THE COMMISSION DETERMINES THAT A MEMBER STATE HAS 28
DEFAULTED IN THE PER FORMANCE OF ITS OBLI GATIONS OR RESPONSIB ILITIES 29
UNDER THIS COMPACT OR THE PROMUL GATED RULES, THE COMMISSION SHALL 30
PROVIDE WRITTEN NOTI CE TO THE DEFAULTING STATE. THE NOTICE OF DEFAULT 31
SHALL DESCRIBE THE D EFAULT, THE PROPOSED ME ANS OF CURING THE DE FAULT, 32
AND ANY OTHER ACTION THAT THE COMMISSION MAY TAKE , AND SHALL OFFER 33
TRAINING AND SPECIFI C TECHNICAL ASSISTAN CE REGARDING THE DEF AULT. 34
HOUSE BILL 383 27
2. THE COMMISSION SHALL PROV IDE A COPY OF THE NO TICE OF 1
DEFAULT TO THE OTHER MEMBER STATES. 2
3. IF A STATE IN DEFAULT FAIL S TO CURE THE DEFAUL T, THE 3
DEFAULTING STATE MAY BE TERMINAT ED FROM THE COMPACT AFTER AN 4
AFFIRMATIVE VOTE OF A MAJORITY OF THE DE LEGATES OF THE MEMBER STATES, 5
AND ALL RIGHTS , PRIVILEGES AND BENEF ITS CONFERRED ON THA T STATE BY THIS 6
COMPACT MAY BE TERMIN ATED ON THE EFFECTIV E DATE OF TERMINATIO N. A CURE 7
OF THE DEFAULT DOES NOT RELIEVE THE OFFE NDING STATE OF OBLIGATIONS OR 8
LIABILITIES INCURRED DURING THE PERIOD OF DEFAULT. 9
4. TERMINATION OF MEMBER SHIP IN THE COMPACT SHALL BE 10
IMPOSED ONLY AFTER A LL OTHER MEANS OF SE CURING COMPLIANCE HA VE BEEN 11
EXHAUSTED. NOTICE OF INTENT TO S USPEND OR TERMINATE SHALL BE GIVEN BY 12
THE COMMISSION TO THE GOV ERNOR, THE MAJORITY AND MIN ORITY LEADERS OF 13
THE DEFAULTING STATE’S LEGISLATURE , THE DEFAULTING STATE’S STATE 14
LICENSING AUTHORITY AND EACH OF THE MEMBER STATES’ STATE LICENSING 15
AUTHORITY. 16
5. A STATE THAT HAS BEEN T ERMINATED IS RESPONS IBLE FOR ALL 17
ASSESSMENTS , OBLIGATIONS, AND LIABILITIES INCU RRED THROUGH THE 18
EFFECTIVE DATE OF TE RMINATION, INCLUDING OBLIGATION S THAT EXTEND 19
BEYOND THE EFFECTIVE DATE OF TERMINATION . 20
6. UPON THE TERMINATION OF A STATE’S MEMBERSHIP FROM TH IS 21
COMPACT, THAT STATE SHALL IMMEDIATE LY PROVIDE NOTICE TO ALL LICENSEES 22
WHO HOLD A MULTISTATE LICENSE WITHIN THAT STATE OF SUCH TERMINATION . 23
THE TERMINATED STATE SHALL CONTINUE TO RECOGNIZE ALL LICENSES GRANTED 24
PURSUANT TO THIS COMPACT FOR A MINIMUM OF 180 DAYS AFTER THE DATE OF 25
SAID NOTICE OF TERMINATIO N. 26
7. THE COMMISSION MAY NOT BEAR ANY COSTS R ELATED TO A 27
STATE THAT IS FOUND T O BE IN DEFAULT OR T HAT HAS BEEN TERMINA TED FROM 28
THE COMPACT, UNLESS AGREED UPON I N WRITING BETWEEN TH E COMMISSION AND 29
THE DEFAULTING STATE. 30
8. THE DEFAULTING STATE MAY APPEAL THE ACTION OF THE 31
COMMISSION BY PETITIONING THE UNITED STATES DISTRICT COURT FOR THE 32
DISTRICT OF COLUMBIA OR THE FEDER AL DISTRICT WHERE TH E COMMISSION HAS 33
ITS PRINCIPAL OFFICE S. THE PREVAILING PARTY SHALL BE AWARDED ALL COSTS 34
OF SUCH LITIGATION, INCLUDING REASONABLE ATTORNEY’S FEES. 35
C. DISPUTE RESOLUTION. 36 28 HOUSE BILL 383
1. UPON REQUEST BY A MEMBER STATE, THE COMMISSION SHALL 1
ATTEMPT TO RESOLVE D ISPUTES RELATED TO T HE COMPACT THAT ARISE AM ONG 2
MEMBER STATES AND BETWEEN MEMBER AND NON –MEMBER STATES. 3
2. THE COMMISSION SHALL PROM ULGATE A RULE PROVIDING FOR 4
BOTH MEDIATION AND B INDING DISPUTE RESOL UTION FOR DISPUTES A S 5
APPROPRIATE . 6
D. ENFORCEMENT . 7
1. THE COMMISSION, IN THE REASONABLE EX ERCISE OF ITS 8
DISCRETION, SHALL ENFORCE THE PR OVISIONS OF THIS COMPACT AND THE 9
COMMISSION’S RULES. 10
2. BY MAJORITY VOTE AS P ROVIDED BY COMMISSION RULE, THE 11
COMMISSION MAY INITIA TE LEGAL ACTION AGAI NST A MEMBER STATE IN DEFAULT 12
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR THE 13
FEDERAL DISTRICT WHE RE THE COMMISSION HAS ITS PR INCIPAL OFFICES TO 14
ENFORCE COMPLIANCE W ITH THE PROVISIONS O F THE COMPACT AND ITS 15
PROMULGATED RULES. THE RELIEF SOUGHT MAY INCLUDE BOTH INJUNCT IVE 16
RELIEF AND DAMAGES . IN THE EVENT JUDICIAL ENFORCEMENT IS NECES SARY, THE 17
PREVAILING PARTY SHA LL BE AWARDED ALL CO STS OF SUCH LITIGATION , 18
INCLUDING REASONABLE ATTORNEY’S FEES. THE REMEDIES HEREIN MAY NOT BE 19
THE EXCLUSIVE REMEDI ES OF THE COMMISSION. THE COMMISSION MAY PURSUE 20
ANY OTHER REMEDIES A VAILABLE UNDER FEDER AL OR THE DEFAULTING MEMBER 21
STATE’S LAW. 22
3. A MEMBER STATE MAY INITIATE LEGAL ACTION AGAINST THE 23
COMMISSION IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF 24
COLUMBIA OR THE FEDER AL DISTRICT WHERE TH E COMMISSION HAS ITS 25
PRINCIPAL OFFICES TO ENFORCE COMPLIANCE W ITH THE PROVISIONS O F THE 26
COMPACT AND ITS PROM ULGATED RULES. THE RELIEF SOUGHT MAY INCLUDE 27
BOTH INJUNCTIVE RELI EF AND DAMAGES . IN THE EVENT JUDICIAL ENFORCEMENT 28
IS NECESSARY, THE PREVAILING PARTY SHALL BE AWARDED ALL COSTS OF SUCH 29
LITIGATION, INCLUDING REASONABLE ATTORNEY’S FEES. 30
4. NO INDIVIDUAL O R ENTITY OTHER THAN A MEMBER STATE MAY 31
ENFORCE THIS COMPACT AGAINST THE COMMISSION. 32
ARTICLE 13. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT . 33
A. THE COMPACT SHALL COME IN TO EFFECT ON THE DAT E ON WHICH THE 34 HOUSE BILL 383 29
COMPACT STATUTE IS EN ACTED INTO LAW IN TH E SEVENTH MEMBER STATE. 1
1. ON OR AFTER THE EFFEC TIVE DATE OF THE COMPACT, THE 2
COMMISSION SHALL CONV ENE AND REVIEW THE E NACTMENT OF EACH OF THE 3
CHARTER MEMBER STATES TO DETERMINE I F THE STATUTE ENACTE D BY EACH 4
SUCH CHARTER MEMBER STATE IS MATERIALLY D IFFERENT THAN THE MO DEL 5
COMPACT STATUTE . 6
A. A CHARTER MEMBER STATE WHOSE ENACTMENT IS FOUND 7
TO BE MATERIALLY DIF FERENT FROM THE MODE L COMPACT STATUTE SHALL BE 8
ENTITLED TO THE DEFA ULT PROCESS SET FORT H IN ARTICLE 12. 9
B. IF ANY MEMBER STATE IS LATER FOUND TO BE IN DEFAULT, 10
OR IS TERMINATED OR WITHDRAWS FROM THE COMPACT, THE COMMISSION SHALL 11
REMAIN IN EXISTENCE AND THE COMPACT SHALL REMAIN IN EFFECT EVEN IF TH E 12
NUMBER OF MEMBER STATES SHOULD BE LESS THAN 7. 13
2. MEMBER STATES ENACTING THE COMPACT SUBSEQUENT TO THE 14
CHARTER MEMBER STATES SHALL BE SUBJE CT TO THE PROCESS SE T FORTH IN 15
ARTICLE 9.C.24. TO DETERMINE IF THEI R ENACTMENTS ARE MAT ERIALLY 16
DIFFERENT FROM THE M ODEL COMPACT STATUTE AND W HETHER THEY QUALIFY 17
FOR PARTICIPATION IN THE COMPACT. 18
3. ALL ACTIONS TAKEN FOR THE BENEFIT OF THE COMMISSION OR 19
IN FURTHERANCE OF TH E PURPOSES OF THE AD MINISTRATION OF THE COMPACT 20
PRIOR TO THE EFFECTIVE DATE O F 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
4. ANY STATE THAT JOINS THE COMPACT SHALL BE SUBJECT TO 24
THE COMMISSION’S RULES AND BYLAWS AS T HEY EXIST ON THE DAT E ON WHICH 25
THE COMPACT BECOMES LAW I N THAT STATE. ANY RULE THAT HAS BEEN 26
PREVIOUSLY ADOPTED B Y THE COMMISSION SHALL HAVE THE FULL FORCE AND 27
EFFECT OF LAW ON THE DAY THE COMPACT BECOMES LA W IN THAT STATE. 28
B. ANY MEMBER STATE MAY WITHDRAW FR OM THIS COMPACT BY 29
ENACTING A STATUTE R EPEALING THAT STATE’S ENACTMENT OF THE COMPACT. 30
1. A MEMBER STATE’S WITHDRAWAL MAY NOT TAKE EFFECT UNTI L 31
180 DAYS AFTER ENACTMENT OF THE REPEALING STA TUTE. 32
2. WITHDRAWAL MAY NOT AFFECT THE CONTI NUING REQUIREMENT 33
OF THE WITHDRAWING STATE’S STATE LICENSING AUTHORITY TO COMPLY W ITH 34 30 HOUSE BILL 383
THE INVESTIGATIVE AN D ADVERSE ACTION REPORTING REQU IREMENTS OF THIS 1
COMPACT BEFORE THE EFFECTIVE DATE O F WITHDRAWAL . 2
3. UPON THE ENACTMENT OF A STA TUTE WITHDRAWING FRO M THIS 3
COMPACT, A STATE SHALL IMMEDIATE LY PROVIDE NOTICE OF THE WITHDRAWAL 4
TO ALL LICENSEES WITHIN THAT STATE. NOTWITHSTANDING ANY S UBSEQUENT 5
STATUTORY ENACTMENT TO THE CONTRARY , SUCH WITHDRAWING STATE SHALL 6
CONTINUE TO RECOGNIZE ALL LIC ENSES GRANTED PURSUANT TO THIS COMPACT 7
FOR A MINIMUM OF 180 DAYS AFTER THE DATE OF THE NOTICE OF WITHDRAWAL . 8
C. NOTHING CONTAINED IN THIS COMPACT MAY BE CONSTRUED TO 9
INVALIDATE OR PREVEN T ANY LICENSURE AGRE EMENT OR OTHER COOPE RATIVE 10
ARRANGEMENT BETWEEN A MEMBER STATE AND A NON –MEMBER STATE THAT 11
DOES NOT CONFLICT WI TH THE PROVISIONS OF THIS COMPACT. 12
D. THIS COMPACT MAY BE AMENDE D BY THE MEMBER STATES. NO 13
AMENDMENT TO THIS COMPACT SHALL BECOME EFFECTIVE AND BINDING UPON 14
ANY MEMBER STATE UNTIL IT IS ENACTED INTO THE LAWS O F ALL MEMBER STATES. 15
ARTICLE 14. CONSTRUCTION AND SEVERABILITY. 16
A. THIS COMPACT AND THE COMMISSION’S RULEMAKING AUTHORI TY 17
SHALL BE LIBERALLY CONSTRU ED SO AS TO EFFECTUA TE THE PURPOSES AND THE 18
IMPLEMENTATION AND A DMINISTRATION OF THE COMPACT. PROVISIONS OF THE 19
COMPACT EXPRESSLY AUT HORIZING OR REQUIRIN G THE PROMULGATION O F 20
RULES MAY NOT BE CONSTRUED TO LIMIT THE COMMISSION’S RULEMAKI NG 21
AUTHORITY SOLELY FOR THOSE PURPOSES . 22
B. THE PROVISIONS OF THI S COMPACT SHALL BE SEVE RABLE AND IF ANY 23
PHRASE, CLAUSE, SENTENCE OR PROVISIO N OF THIS COMPACT IS HELD BY A COURT 24
OF COMPETENT JURISDI CTION TO BE CONTRARY TO THE CONSTITUTION OF ANY 25
MEMBER STATE, A STATE SEEKING PARTICI PATION IN THE COMPACT, OR OF THE 26
UNITED STATES, OR THE APPLICABILITY TO ANY GOVERNMENT , AGENCY, PERSON 27
OR CIRCUMSTANCE IS H ELD TO BE UNCONSTITU TIONAL BY A COURT OF COMPETENT 28
JURISDICTION, THE VALIDITY OF THE REMAINDER OF THIS COMPACT AND THE 29
APPLICABILITY THEREOF TO ANY OTHER GOVERNM ENT, AGENCY, PERSON OR 30
CIRCUMSTANCE MAY NOT BE AFFECTED . 31
C. NOTWITHSTANDING ARTICLE 14.B., THE COMMISSION MAY DENY A 32
STATE’S PARTICIPATION IN T HE COMPACT OR , IN ACCORDANCE WITH T HE 33
REQUIREMENTS OF ARTICLE 12, TERMINATE A MEMBER STATE’S PARTICIPATION 34
IN THE COMPACT, IF IT DETERMINES THA T A CONSTITUTIONAL R EQUIREMENT OF A 35
MEMBER STATE IS A MATERIAL D EPARTURE FROM THE COMPACT. OTHERWISE, IF 36 HOUSE BILL 383 31
THIS COMPACT SHALL BE HELD TO BE CONTRARY TO THE CONSTITUTION OF ANY 1
MEMBER STATE, THE COMPACT SHALL REMAIN IN FULL FORCE AND EF FECT AS TO 2
THE REMAINING MEMBER STATES AND IN FULL FO RCE AND EFFECT AS TO THE 3
MEMBER STATE AFFECTED AS TO ALL SEVERABLE MATTERS . 4
ARTICLE 15. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS. 5
A. NOTHING HEREIN SHALL PREVENT OR INHIBIT T HE ENFORCEMENT OF 6
ANY OTHER LAW OF A MEMBER STATE THAT IS NOT INC ONSISTENT WITH THE 7
COMPACT. 8
B. ANY LAWS , STATUTES, REGULATIONS , OR OTHER LEGAL 9
REQUIREMENTS IN A MEMBER STATE IN CONFLICT WIT H THE COMPACT ARE 10
SUPERSEDED TO THE EX TENT OF THE CONFLICT . 11
C. ALL PERMISSIBLE AGREE MENTS BETWEEN THE COMMISSION AND THE 12
MEMBER STATES ARE BINDING IN ACCORDANC E WITH THEIR TERMS . 13
SECTION 2. AND BE IT FURTHER ENACTED, That this Act is contingent on the 14
enacting of substantially similar legislation in six other states. The Maryland Department 15
of Labor shall notify the Department of Legislative Services within 10 days after any state 16
has enacted legislation that is substantially similar to this Act. 17
SECTION 3. AND BE IT FURTHER ENACTED, That , subject to Section 2 of this 18
Act, this Act shall take effect October 1, 2024. 19
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.