WES MOORE, Governor Ch. 328
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Chapter 328
(House Bill 383)
AN ACT concerning
Cosmetology Licensure Compact
FOR the purpose of entering into the Cosmetology Licensure Compact; establishing criteria
for participating states; authorizing an individual practicing cosmetology to practice
in a party state under certain circumstances; establishing the Cosmetology
Licensure Compact Commission and its duties and powers; providing for the
amendment of and withdrawal from the Compact; and generally relating to the
Cosmetology Licensure Compact.
BY adding to
Article – Business Occupations and Professions
Section 5–6A–01 to be under the new subtitle “Subtitle 6A. Cosmetology Licensure
Compact”
Annotated Code of Maryland
(2018 Replacement Volume and 2023 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Business Occupations and Professions
SUBTITLE 6A. COSMETOLOGY LICENSURE COMPACT.
5–6A–01.
THE COSMETOLOGY LICENSURE COMPACT IS HEREBY ENACTED AN D
ENTERED INTO WITH AL L OTHER JURISDICTION S THAT LEGALLY JOIN IN THE
COMPACT IN THE FORM SUBSTANTIAL LY AS THE COMPACT APPEARS IN TH IS
SECTION AS FOLLOWS :
ARTICLE 1. PURPOSE.
THE PURPOSE OF THIS COMPACT IS TO FACILIT ATE THE INTERSTATE
PRACTICE AND REGULAT ION OF COSMETOLOGY WITH THE GOAL OF IMPROVING
PUBLIC ACCESS TO , AND THE SAFETY OF , COSMETOLOGY SERVICES AND REDUCING
UNNECESSARY BURDENS RELATED TO COSMETOLOGY LICENSURE. THROUGH THIS
COMPACT, THE MEMBER STATES SEEK TO ESTABL ISH A REGULATORY FRA MEWORK
WHICH PROVIDES FOR A NEW MULTIST ATE LICENSING PROGRA M. THROUGH THIS
NEW LICENSING PROGRA M, THE MEMBER STATES SEEK TO PROVID E INCREASED Ch. 328 2024 LAWS OF MARYLAND
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VALUE AND MOBILITY T O LICENSED COSMETOLOGISTS IN THE MEMBER STATES,
WHILE ENSURING THE P ROVISION OF SAFE , EFFECTIVE, AND RELIABLE SER VICES
TO THE PUBLIC.
THIS COMPACT IS DESIGNED T O ACHIEVE THE FOLLOW ING OBJECTIVES AND
THE MEMBER STATES HEREBY RATIFY THE SAME INTENTIONS BY SUBSCRIBING
HERETO:
A. PROVIDE OPPORTUNITIES FOR INTERSTATE PRACT ICE BY
COSMETOLOGISTS WHO MEET UNIFORM REQUIREMENTS FOR MUL TISTATE
LICENSURE;
B. ENHANCE THE ABILITIES OF MEMBER STATES TO PROTECT PUB LIC
HEALTH AND SAFETY AN D PREVENT FRAUD AND UNLICENSED ACTIVITY WITHIN THE
PROFESSION;
C. ENSURE AND ENCOURAGE COOPERATION BETWEEN MEMBER STATES
IN THE LICENSURE AND REGULATION OF THE PRACTICE OF COSMETOLOGY ;
D. SUPPORT RELOCATING MI LITARY MEMBERS AND T HEIR SPOUSES;
E. FACILITATE THE EXCHAN GE OF INFORMATION BE TWEEN MEMBER
STATES RELATED TO THE LICEN SURE, INVESTIGATION , AND DISCIPLINE OF TH E
PRACTICE OF COSMETOLOGY ;
F. PROVIDE FOR THE LICEN SURE AND MOBILITY OF THE WORKFORCE IN
THE PROFESSION WHILE ADDRESSING THE SHORTAGE OF WORKERS AND LESSENIN G
THE ASSOCIATED BURDE NS ON THE MEMBER STATES.
ARTICLE 2. DEFINITIONS.
AS USED IN THIS COMPACT, AND EXCEPT AS OTHERW ISE PROVIDED, THE
FOLLOWING DEFINITIONS SHALL GO VERN THE TERMS HEREI N:
A. “ACTIVE MILITARY MEMBER” MEANS ANY INDIVIDUAL WITH
FULL–TIME DUTY STATUS IN THE ARMED FORCES OF THE UNITED STATES,
INCLUDING MEMBERS O F THE NATIONAL GUARD AND RESERVE.
B. “ADVERSE ACTION” MEANS ANY ADMINISTRA TIVE, CIVIL, EQUITABLE,
OR CRIMINAL ACTION PERMITTED BY A MEMBER STATE’S LAWS WHICH IS IMPOSED
BY A STATE LICENSING AUTHORITY OR OTHER REGULATORY BODY AGAINST A
COSMETOLOGIST , INCLUDING ACTIONS AG AINST AN INDIVIDUAL ’S LICENSE OR WES MOORE, Governor Ch. 328
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AUTHORIZATION TO PRACTICE SUCH AS REVO CATION, SUSPENSION, PROBATION,
MONITORING OF THE LICENSEE, LIMITATION OF THE LICENSEE’S PRACTICE, OR ANY
OTHER ENCUMBRANCE ON A LICENSE AFFECTI NG AN INDIVIDUAL ’S ABILITY TO
PARTICIPATE IN THE COSMETOLOGY INDUSTRY, INCLUDING THE ISSUAN CE OF A
CEASE AND DESIST ORD ER.
C. “ALTERNATIVE PROGRAM” MEANS A NON–DISCIPLINARY MONITOR ING
OR PROSECUTORIAL DIV ERSION PROGRAM APPRO VED BY A MEMBER STATE’S
STATE LICENSING AUTHORITY.
D. “AUTHORIZATION TO PRACTICE” MEANS A LEGAL AUTHOR IZATION
ASSOCIATED WITH A MULTISTATE LICENSE PERMITTING TH E PRACTICE OF
COSMETOLOGY IN THAT REMOTE STATE, WHICH SHALL BE SUBJE CT TO THE
ENFORCEMENT JURISDIC TION OF THE STATE LICENSING AUTHORITY IN THAT
REMOTE STATE.
E. “BACKGROUND CHECK” MEANS THE SUBMISSION OF INFORMATION
FOR AN APPLICANT FOR THE PURPOSE OF OBTAI NING THAT APPLICANT ’S CRIMINAL
HISTORY RECORD INFOR MATION, AS FURTHER DEFINED I N 28 C.F.R. § 20.3(D),
FROM THE FEDERAL BUREAU OF INVESTIGATION AND THE AG ENCY RESPONSIBLE
FOR RETAINING STATE CRIMINAL OR DIS CIPLINARY HISTORY IN THE APPLICANT ’S
HOME STATE.
F. “CHARTER MEMBER STATE” MEANS MEMBER STATES WHO HAVE
ENACTED LEGISLATION TO ADOPT THIS COMPACT WHE RE SUCH LEGISLATION
PREDATES THE EFFECTIVE DATE OF TH IS COMPACT AS DEFINED IN ARTICLE 13.
G. “COMMISSION” MEANS THE GOVERNMENT AGENCY WHOSE
MEMBERSHIP CONSISTS OF ALL STATES THAT HAVE ENAC TED THIS COMPACT,
WHICH IS KNOWN AS TH E COSMETOLOGY LICENSURE COMPACT COMMISSION, AS
DEFINED IN ARTICLE 9, AND WHICH SHALL OPER ATE AS AN INSTRUMENT ALITY OF
THE MEMBER STATES.
H. “COSMETOLOGIST ” MEANS AN INDIVIDUAL LICENSED IN THEIR HOME
STATE TO PRACTICE COSMETOLOGY .
I. “COSMETOLOGY ”, “COSMETOLOGY SERVICES”, AND THE “PRACTICE
OF COSMETOLOGY ” MEAN THE CARE AND SE RVICES PROVIDED BY A
COSMETOLOGIST AS SET FORTH IN THE MEMBER STATE’S STATUTES AND
REGULATIONS IN THE STATE WHERE THE SERVI CES ARE BEING PROVID ED.
J. “CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION ” MEANS:
Ch. 328 2024 LAWS OF MARYLAND
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1. INVESTIGATIVE INFORMATION THAT A STATE LICENSING
AUTHORITY, AFTER AN INQUIRY OR INVESTIGATION THAT C OMPLIES WITH A
MEMBER STATE’S DUE PROCESS REQUIR EMENTS, HAS REASON TO BELIEV E IS NOT
GROUNDLESS AND , IF PROVED TRUE , WOULD INDICATE A VIO LATION OF THAT
STATE’S LAWS REGARDING FRA UD OR THE PRACTICE OF COSMETOLOGY ; OR
2. INVESTIGATIVE INFORMATION THAT INDI CATES THAT A
LICENSEE HAS ENGAGED IN FRAUD OR REPRESEN TS AN IMMEDIATE THRE AT TO
PUBLIC HEALTH AND SA FETY, REGARDLESS OF WHETHE R THE LICENSEE HAS BEEN
NOTIFIED AND HAD AN OPPORT UNITY TO RESPOND .
K. “DATA SYSTEM” MEANS A REPOSITORY O F INFORMATION ABOUT
LICENSEES, INCLUDING LICENSE STATUS , INVESTIGATIVE INFORMATION , AND
ADVERSE ACTIONS.
L. “DISQUALIFYING EVENT” MEANS ANY EVENT WHIC H SHALL
DISQUALIFY AN INDIVI DUAL FROM HOLDING A MULTISTATE LICENSE UNDER THIS
COMPACT, WHICH THE COMMISSION MAY BY RULE OR ORDER SPECIFY .
M. “ENCUMBERED LICENSE” MEANS A LICENSE IN W HICH AN ADVERSE
ACTION RESTRICTS THE PRACTICE OF COSMETOLOGY BY A LICENSEE, OR WHERE
SAID ADVERSE ACTION HAS BEEN REPOR TED TO THE COMMISSION.
N. “ENCUMBRANCE ” MEANS A REVOCATION O R SUSPENSION OF , OR ANY
LIMITATION ON, THE FULL AND UNRESTR ICTED PRACTICE OF COSMETOLOGY BY A
STATE LICENSING AUTHORITY.
O. “EXECUTIVE COMMITTEE” MEANS A GROUP OF DEL EGATES ELECTED
OR APPOINTED TO ACT ON BEHALF OF AND WIT HIN THE POWERS GRANT ED TO THEM
BY THE COMMISSION.
P. “HOME STATE” MEANS THE MEMBER STATE WHICH IS A LICENSEE’S
PRIMARY STATE OF RESIDENCE AN D WHERE TH AT LICENSEE HOLDS AN ACT IVE AND
UNENCUMBERED LICENSE TO PRACTICE COSMETOLOGY .
Q. “INVESTIGATIVE INFORMATION ” MEANS INFORMATION , RECORDS, OR
DOCUMENTS RECEIVED O R GENERATED BY A STATE LICENSING AUTHORITY
PURSUANT TO AN INVES TIGATION OR OTHER IN QUIRY.
R. “JURISPRUDENCE REQUIREMENT ” MEANS THE ASSESSMENT OF AN
INDIVIDUAL’S KNOWLEDGE OF THE L AWS AND RULES GOVERN ING THE PRACTICE OF
COSMETOLOGY IN A STATE. WES MOORE, Governor Ch. 328
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S. “LICENSEE” MEANS AN INDIVIDUAL WHO CURRENTLY HOLDS A LICENSE
FROM A MEMBER STATE TO PRACTICE AS A COSMETOLOGIST .
T. “MEMBER STATE” MEANS ANY STATE THAT HAS ADOPTE D THIS
COMPACT.
U. “MULTISTATE LICENSE” MEANS A LICENSE ISSU ED BY AND SUBJECT TO
THE ENFORCEMENT JURI SDICTION OF THE STATE LICENSING AUTHORITY IN A
LICENSEE’S HOME STATE, WHICH AUTHORIZES THE PRACTICE OF COSMETOLOGY
IN MEMBER STATES AND INCLUDES AUTHORIZATIONS TO PRACTICE
COSMETOLOGY IN ALL REMOTE STATES PURSUANT TO THIS COMPACT.
V. “REMOTE STATE” MEANS ANY MEMBER STATE, OTHER THAN THE
LICENSEE’S HOME STATE.
W. “RULE” MEANS ANY RULE OR RE GULATION PROMULGATED BY THE
COMMISSION UNDER THIS COMPACT THAT HAS THE FORCE OF LAW .
X. “SINGLE–STATE LICENSE” MEANS A COSMETOLOGY LICENSE I SSUED
BY A MEMBER STATE THAT AUTHORIZES THE PRACTICE OF COSMETOLOGY ONLY
WITHIN THE ISSUING STATE AND DOES NOT IN CLUDE ANY AUTHORIZAT ION OUTSIDE
OF THE ISSUING STATE.
Y. “STATE” MEANS A STATE, TERRITORY, OR POSSESSION OF THE UNITED
STATES AND THE DISTRICT OF COLUMBIA.
Z. “STATE LICENSING AUTHORITY” MEANS A MEMBER STATE’S
REGULATORY BODY RESP ONSIBLE FOR ISSUING COSMETOLOGY LICENSES OR
OTHERWISE OVERSEEING THE PRACTICE OF COSMETOLOGY IN THAT STATE.
ARTICLE 3. MEMBER STATE REQUIREMENTS .
A. TO BE ELIGIBLE TO JOI N THIS COMPACT, AND TO MAINTA IN
ELIGIBILITY AS A MEMBER STATE, A STATE MUST:
1. LICENSE AND REGULATE COSMETOLOGY ;
2. HAVE A MECHANISM OR E NTITY IN PLACE TO RE CEIVE AND
INVESTIGATE COMPLAIN TS ABOUT LICENSEES PRACTICING IN THAT STATE;
3. REQUIRE THAT LICENSEES WITHIN THE STATE PASS A
COSMETOLOGY COMPETENC Y EXAMINATION PRIOR TO BEING LICENSED TO Ch. 328 2024 LAWS OF MARYLAND
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PROVIDE COSMETOLOGY SERVICES TO THE PUBLI C IN THAT STATE;
4. REQUIRE THAT LICENSEES SATISFY EDU CATIONAL OR TRAINING
REQUIREMENTS IN COSMETOLOGY PRIOR TO BEING LICENSED TO PR OVIDE
COSMETOLOGY SERVICES TO THE PUBLI C IN THAT STATE;
5. IMPLEMENT PROCEDURES FOR CONSIDERING ONE OR MORE OF
THE FOLLOWING CATEGO RIES OF INFORMATION FROM APPLICANTS FOR
LICENSURE: CRIMINAL HISTORY ; DISCIPLINARY HISTORY ; OR BACKGROUND
CHECK. SUCH PROCEDURES MAY INCLUDE THE SUBM ISSION OF INFORMATIO N BY
APPLICANTS FOR THE P URPOSE OF OBTAINING AN APPLICANT ’S BACKGROUND
CHECK AS DEFINED HEREIN ;
6. PARTICIPATE IN THE DATA SYSTEM, INCLUDING THROUGH TH E
USE OF UNIQUE IDENTI FYING NUMBERS ;
7. SHARE INFORMATIO N RELATED TO ADVERSE ACTIONS WITH THE
COMMISSION AND OTHER MEMBER STATES, BOTH THROUGH THE DATA SYSTEM
AND OTHERWISE ;
8. NOTIFY THE COMMISSION AND OTHER MEMBER STATES, IN
COMPLIANCE WITH THE TERMS OF THE COMPACT AND RULES OF THE COMMISSION,
OF THE EXISTENCE OF INVESTIGATIVE INFORMATION OR CURRENT SIGNIFICANT
INVESTIGATIVE INFORMATION IN THE STATE’S POSSESSION REGARDI NG A
LICENSEE PRACTICING I N THAT STATE;
9. COMPLY WITH SUCH RULES AS MAY BE ENACTED BY TH E
COMMISSION TO ADMINIS TER THE COMPACT; AND
10. ACCEPT LICENSEES FROM OTHER MEMBER STATES AS
ESTABLISHED HEREIN.
B. MEMBER STATES MAY CHARGE A F EE FOR GRANTING A LI CENSE TO
PRACTICE COSMETOLOGY .
C. INDIVIDUALS NOT RESID ING IN A MEMBER STATE SHALL CONTINUE TO
BE ABLE TO APPLY FOR A MEMBER STATE’S SINGLE–STATE LICENSE AS PROVIDED
UNDER THE LAWS OF EA CH MEMBER STATE. HOWEVER, THE SINGLE–STATE
LICENSE GRANTED TO TH ESE INDIVIDUALS MAY NOT BE RECOGNIZED AS GRA NTING
A MULTISTATE LICENSE TO PROVIDE SE RVICES IN ANY OTH ER MEMBER STATE.
D. NOTHING IN THIS COMPACT SHALL AFFECT THE REQUIREMENTS WES MOORE, Governor Ch. 328
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ESTABLISHED BY A MEMBER STATE FOR THE ISSUANC E OF A SINGLE–STATE
LICENSE.
E. A MULTISTATE LICENSE ISSUED TO A LICENSEE BY A HOME STATE TO
A RESIDENT OF THAT STATE SHALL BE RECOGN IZED BY EACH MEMBER STATE AS
AUTHORIZING A LICENSEE TO PRACTICE COSMETOLOGY IN EACH MEMBER STATE.
F. AT NO POINT SHALL THE COMMISSION HAVE THE P OWER TO DEFINE
THE EDUCATIONAL OR P ROFESSIONAL REQUIREM ENTS FOR A LICENSE T O
PRACTICE COSMETOLOGY . THE MEMBER STATES SHALL RETAIN S OLE
JURISDICTION OVER TH E PROVISION OF THESE REQUIREMENTS .
ARTICLE 4. MULTISTATE LICENSE.
A. TO BE ELIGIBLE TO APP LY TO THEIR HOME STATE’S STATE LICENSING
AUTHORITY FOR AN INIT IAL MULTISTATE LICENSE UNDER THIS COMPACT, A
LICENSEE MUST HOLD AN ACTIVE AND UNENCUMBE RED SINGLE–STATE LICENSE
TO PRACTICE COSMETOLOGY IN THEIR HOME STATE.
B. UPON THE RECEIPT OF AN AP PLICATION FOR A MULTISTATE LICENSE,
ACCORDING TO THE RULES OF THE COMMISSION, A MEMBER STATE’S STATE
LICENSING AUTHORITY SHALL ASCER TAIN WHETHER THE APP LICANT MEETS THE
REQUIREMENTS FOR A MULTISTATE LICENSE UNDER THIS COMPACT.
C. IF AN APPLICANT MEETS THE REQUIREMENTS FOR A MULTISTATE
LICENSE UNDER THIS COMPACT AND ANY APPLI CABLE RULES OF THE
COMMISSION, THE STATE LICENSING AUTHORITY IN RECEIPT OF THE APPLICATION
SHALL, WITHIN A REASONABLE TIME, GRANT A MULTISTATE LICENSE TO THAT
APPLICANT, AND INFORM ALL MEMBER STATES OF THE GRANT O F SAID
MULTISTATE LICENSE.
D. A MULTISTATE LICENSE TO PRACTICE COSMETOLOGY ISSUED BY A
MEMBER STATE’S STATE LICENSING AUTHORITY SHALL BE RE COGNIZED BY EACH
MEMBER STATE AS AUTHORIZING THE PRACTICE THEREOF AS THOUGH TH AT
LICENSEE HELD A SINGLE–STATE LICENSE TO DO SO IN EACH MEMBER STATE,
SUBJECT TO THE RESTR ICTIONS HEREIN.
E. A MULTISTATE LICENSE GRANTED PURSUANT TO THIS COMPACT MAY
BE EFFECTIVE FOR A D EFINITE PERIOD OF TI ME, CONCURRENT WITH THE
LICENSURE RENEWAL PE RIOD IN THE HOME STATE.
F. TO MAINTAIN A MULTISTATE LICENSE UNDER T HIS COMPACT, A
LICENSEE SHALL: Ch. 328 2024 LAWS OF MARYLAND
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1. AGREE TO ABIDE BY THE RULES OF THE STATE LICENSING
AUTHORITY, AND THE STATE SCOPE OF PRACTI CE LAWS GOVERNING TH E PRACTICE
OF COSMETOLOGY , OF ANY MEMBER STATE IN WHICH THE LICENSEE PROVIDES
SERVICES;
2. PAY ALL REQUIRED FEES RELATED TO THE APPLI CATION AND
PROCESS AND ANY OTHE R FEES WHICH THE COMMISSION MAY BY RULE REQUIRE;
AND
3. COMPLY WITH ANY AND A LL OTHER REQUIREMENT S REGARDING
MULTISTATE LICENSES WHICH THE COMMISSION MAY BY RULE PROVIDE.
G. A LICENSEE PRACTICING I N A MEMBER STATE IS SUBJECT TO A LL
SCOPE OF PRACTICE LA WS GOVERNING COSMETOLOGY SERVICES IN THAT STATE.
H. THE PRACTICE OF COSMETOLOGY UNDER A MULTISTATE LICENSE
GRANTED PURSUANT TO THIS COMPACT SHALL SUBJECT THE LICENSEE TO THE
JURISDICTION OF THE STATE LICENSING AUTHORITY, THE COURTS, AND THE LAWS
OF THE MEMBER STATE IN WHICH THE COSMETOLOGY SERVICES ARE PROVIDED .
ARTICLE 5. REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME STATE.
A. A LICENSEE MAY HOLD A MULTISTATE LICENSE, ISSUED BY THEIR
HOME STATE, IN ONLY ONE MEMBER STATE AT ANY GIVEN TI ME.
B. IF A LICENSEE CHANGES THEI R HOME STATE BY MOVING BETWE EN
TWO MEMBER STATES:
1. THE LICENSEE SHALL IMMEDIATELY APPLY FO R THE
REISSUANCE OF THEIR MULTISTATE LICENSE IN THEIR NEW HOME STATE. THE
LICENSEE SHALL PAY ALL APPLICABLE F EES AND NOTIFY THE P RIOR HOME STATE
IN ACCORDANCE WITH T HE RULES OF THE COMMISSION.
2. UPON RECEIPT OF AN APPLIC ATION TO REISSUE A MULTISTATE
LICENSE, THE NEW HOME STATE SHALL VERIFY THAT THE MULTISTATE LICENSE
IS ACTIVE, UNENCUMBERED , AND ELIGIBLE FOR REI SSUANCE UNDER THE TE RMS OF
THE COMPACT AND THE RULES OF THE COMMISSION. THE MULTISTATE LICENSE
ISSUED BY THE PRIOR HOME STATE WILL BE DEACTIV ATED AND ALL MEMBER
STATES NOTIFIED IN AC CORDANCE WITH THE AP PLICABLE RULES ADOPTED BY THE
COMMISSION.
WES MOORE, Governor Ch. 328
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3. IF REQUIRED FOR INITI AL LICENSURE , THE NEW HOME STATE
MAY REQUIRE A BACKGROUND CHECK AS SPECIFIED IN THE LAWS OF THAT STATE
OR THE COMPLIANCE WI TH ANY JURISPRUDENCE REQUIREMENTS OF THE NE W
HOME STATE.
4. NOTWITHSTANDING ANY O THER PROVISION OF TH IS COMPACT, IF
A LICENSEE DOES NOT MEE T THE REQUIREMENTS SET FORTH IN THIS COMPACT
FOR THE REISSUANCE O F A MULTISTATE LICENSE BY THE NEW HOME STATE, THEN
THE LICENSEE SHALL BE SUB JECT TO THE NEW HOME STATE REQUIREMENTS FO R
THE ISSUANCE OF A SINGLE–STATE LICENSE IN THAT STATE.
C. IF A LICENSEE CHANGES THEI R PRIMARY STATE OF RESIDENCE BY
MOVING FROM A MEMBER STATE TO A NON –MEMBER STATE, OR FROM A
NON–MEMBER STATE TO A MEMBER STATE, THEN THE LICENSEE SHALL BE
SUBJECT TO THE STATE REQUIREMENTS FO R THE ISSUANCE OF A SINGLE–STATE
LICENSE IN THE NEW HOME STATE.
D. NOTHING IN THIS COMPACT SHALL INTERFE RE WITH A LICENSEE’S
ABILITY TO HOLD A SINGLE–STATE LICENSE IN MULTIPLE STATES; HOWEVER F OR
THE PURPOSES OF THIS COMPACT, A LICENSEE SHALL HAVE O NLY ONE HOME
STATE AND ONLY ONE MULTISTATE LICENSE.
E. NOTHING IN THIS COMPACT MAY INTERFERE WITH THE R EQUIREMENTS
ESTABLISHED BY A MEMBER STATE FOR THE ISSUANC E OF A SINGLE–STATE
LICENSE.
ARTICLE 6. AUTHORITY OF THE COMPACT COMMISSION AND MEMBER STATE
LICENSING AUTHORITIES.
A. NOTHING IN THIS COMPACT, NOR ANY RULE OR REGULATION OF THE
COMMISSION, MAY BE CONSTRUED TO LIMI T, RESTRICT, OR IN ANY WAY REDUCE
THE ABILITY OF A MEMBER STATE TO ENACT AND EN FORCE LAWS, REGULATIONS ,
OR OTHER RULES RELAT ED TO THE PRACTICE OF COSMETOLOGY IN THAT STATE,
IF THOSE LAWS, REGULATIONS , OR OTHER RULES ARE N OT INCONSISTEN T WITH THE
PROVISIONS OF THIS COMPACT.
B. INSOFAR AS PRACTICAL , A MEMBER STATE’S STATE LICENSING
AUTHORITY SHALL COOPE RATE WITH THE COMMISSION AND WITH E ACH ENTITY
EXERCISING INDEPENDE NT REGULATORY AUTHOR ITY OVER THE PRACTICE OF
COSMETOLOGY ACCORDING TO THE PROVISIONS OF TH IS COMPACT.
C. DISCIPLINE SHALL BE T HE SOLE RESPONSIBILI TY OF THE STATE IN
WHICH COSMETOLOGY SERVICES ARE PROVIDED . ACCORDINGLY , EACH MEMBER Ch. 328 2024 LAWS OF MARYLAND
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STATE’S STATE LICENSING AUTHORITY SHALL BE RE SPONSIBLE FOR RECEIV ING
COMPLAINTS ABOUT IND IVIDUALS PRACTICING COSMETOLOGY IN THAT STATE AND
FOR COMMUNICATING AL L RELEVANT INVESTIGATIVE INFORMATION ABOUT ANY
SUCH ADVERSE ACTION TO THE OTHER MEMBER STATES THROUGH THE DATA
SYSTEM IN ADDITION TO ANY OTHER METHODS THE COMMISSION MAY BY RULE
REQUIRE.
ARTICLE 7. ADVERSE ACTIONS.
A. A LICENSEE’S HOME STATE SHALL HAVE EXCL USIVE POWER TO IMPOS E
AN ADVERSE ACTION AGAINST A LICENSEE’S MULTISTATE LICENSE ISSUED BY THE
HOME STATE.
B. A HOME STATE MAY TAKE ADVERSE ACTION ON A MULTISTATE
LICENSE BASED ON THE INVESTIGATIVE INFORMATION , CURRENT SIGNIFICANT
INVESTIGATIVE INFORMATION , OR ADVERSE ACTION OF A REMOTE STATE.
C. IN ADDITION TO THE PO WERS CONFERRED BY STATE LAW, EACH
REMOTE STATE’S STATE LICENSING AUTHORITY SHALL HAVE THE POWER TO :
1. TAKE ADVERSE ACTION AGAINST A LICENSEE’S AUTHORIZATION
TO PRACTICE COSMETOLOGY THROUGH T HE MULTISTATE LICENSE IN THAT
MEMBER STATE, PROVIDED THAT :
A. ONLY THE LICENSEE’S HOME STATE SHALL HAVE THE
POWER TO TAKE ADVERSE ACTION AGAINST THE MULTISTATE LICENSE ISSUED BY
THE HOME STATE; AND
B. FOR THE PURPOSES OF T AKING ADVERSE ACTION, THE
HOME STATE’S STATE LICENSING AUTHORITY SHALL GIVE THE SAME PRIORITY
AND EFFECT TO REPORT ED CONDUCT RE CEIVED FROM A REMOTE STATE AS IT
WOULD IF THE CONDUCT HAD OCCURRED WITHIN THE HOME STATE. IN SO DOING,
THE HOME STATE SHALL APPLY ITS OWN STATE LAWS TO DETERMI NE THE
APPROPRIATE ACTION .
2. ISSUE CEASE AND DESIS T ORDERS OR IMPOSE A N ENCUMBRANCE
ON A LICENSEE’S AUTHORIZATION TO PRACTICE WITHIN THAT MEMBER STATE.
3. COMPLETE ANY PENDING INVESTIGATIONS OF A LICENSEE WHO
CHANGES THEIR PRIMAR Y STATE OF RESIDENCE DU RING THE COURSE OF S UCH AN
INVESTIGATION . THE STATE LICENSING AUTHORITY MAY REPORT THE RESULTS OF
AN INVESTIGATION TO THE COMMISSION THROUGH TH E DATA SYSTEM AS WES MOORE, Governor Ch. 328
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DESCRIBED HEREIN .
4. ISSUE SUBPOENAS FOR B OTH HEARINGS AND INV ESTIGATIONS
THAT REQUIRE THE ATT ENDANCE AND TESTIMON Y OF WITNESSES, AS WELL AS THE
PRODUCTION OF EVIDEN CE. SUBPOENAS ISSUE D BY A STATE LICENSING
AUTHORITY IN A MEMBER STATE FOR THE ATTENDA NCE AND TESTIMONY OF
WITNESSES OR THE PRO DUCTION OF EVIDENCE FROM ANOTHER MEMBER STATE
SHALL BE ENFORCED IN THE LATTER STATE BY ANY COURT OF COMPETENT
JURISDICTION, ACCORDING TO THE PRA CTICE AND PROCEDURE OF THAT COURT
APPLICABLE TO SUBPOE NAS ISSUED IN PROCEE DINGS BEFORE IT . THE ISSUING
STATE LICENSING AUTHORITY SHALL PAY A NY WITNESS FEES , TRAVEL EXPENSES ,
MILEAGE, AND OTHER FEES REQUIRED BY T HE SERVICE STATUTES OF THE STATE IN
WHICH THE WITNESSES OR EVIDENCE ARE LOCA TED.
5. IF OTHERWISE PERMITTED BY STATE LAW, RECOVER FROM THE
AFFECTED LICENSEE THE COSTS OF INVESTIGATIONS AND D ISPOSITION OF CASES
RESULTING FROM ANY ADVERSE ACTION TAKEN AGAINST THAT LICENSEE.
6. TAKE ADVERSE ACTION AGAINST THE LICENSEE’S
AUTHORIZATION TO PRACTICE IN THAT STATE BASED ON THE FA CTUAL FINDINGS
OF ANOTHER REMOTE STATE.
D. A LICENSEE’S HOME STATE SHALL COMPLETE ANY PENDING
INVESTIGATION OF A COSMETOLOGIST WHO CHA NGES THEIR PRIMARY STATE OF
RESIDENCE DURING THE COURSE OF THE INVEST IGATION. THE HOME STATE SHALL
ALSO HAVE THE AUTHOR ITY TO TAKE APPROPRI ATE ACTION AND SHALL PROMPTLY
REPORT THE CONCLUSIO NS OF THE INVESTIGAT IONS TO THE DATA SYSTEM.
E. IF AN ADVERSE ACTION IS TAKEN BY TH E HOME STATE AGAINST A
LICENSEE’S MULTISTATE LICENSE, THE LICENSEE’S AUTHORIZATION TO
PRACTICE IN ALL OTHER MEMBER STATES SHALL BE DEACT IVATED UNT IL ALL
ENCUMBRANCES HAVE BEE N REMOVED FROM THE HOME STATE LICENSE. ALL
HOME STATE DISCIPLINARY OR DERS THAT IMPOSE AN ADVERSE ACTION AGAINST
A LICENSEE’S MULTISTATE LICENSE SHALL INCLUDE A STATEMENT THAT THE
COSMETOLOGIST ’S AUTHORIZATION TO PRACTICE IS DEACTIVAT ED IN ALL
MEMBER STATES DURING THE PEN DENCY OF THE ORDER .
F. NOTHING IN THIS COMPACT SHALL OVERRID E A MEMBER STATE’S
AUTHORITY TO ACCEPT A LICENSEE’S PARTICIPATION IN A N ALTERNATIVE
PROGRAM IN LIEU OF ADVERSE ACTION. A LICENSEE’S MULTISTATE LICENSE
SHALL BE SUSPENDED F OR THE DURATION OF T HE LICENSEE’S PARTICIPATION IN
ANY ALTERNATIVE PROGRAM.
Ch. 328 2024 LAWS OF MARYLAND
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G. JOINT INVESTIGATIONS .
1. IN ADDITION TO THE AU THORITY GRANTED TO A MEMBER STATE
BY ITS RESPECTIVE SC OPE OF PRACTICE LAWS OR OTHER APPLI CABLE STATE LAW,
A MEMBER STATE MAY PARTICIPATE WITH OTHER MEMBER STATES IN JOINT
INVESTIGATIONS OF LICENSEES.
2. MEMBER STATES SHALL SHARE AN Y INVESTIGATIVE, LITIGATION,
OR COMPLIANCE MATERI ALS IN FURTHERANCE O F ANY JOINT OR INDIV IDUAL
INVESTIGATION INITIATED UNDER THE COMPACT.
ARTICLE 8. ACTIVE MILITARY MEMBERS AND THEIR SPOUSES.
ACTIVE MILITARY MEMBERS, OR THEIR SPOUSES , SHALL DESIGNATE A HOME
STATE WHERE THE INDIV IDUAL HAS A CURRENT LICENSE TO PRACTICE
COSMETOLOGY IN GOOD S TANDING. THE INDIVIDUA L MAY RETAIN THEIR HOME
STATE DESIGNATION DUR ING ANY PERIOD OF SE RVICE WHEN THAT INDI VIDUAL OR
THEIR SPOUSE IS ON A CTIVE DUTY ASSIGNMEN T.
ARTICLE 9. ESTABLISHMENT AND OPERATION OF THE COSMETOLOGY LICENSURE
COMPACT COMMISSION.
A. THE COMPACT MEMBER STATES HEREBY CREATE AND ESTABLISH A
JOINT GOVERNMENT AGE NCY WHOSE MEMBERSHIP CONSISTS OF ALL MEMBER
STATES THAT HAVE ENAC TED THE COMPACT KNOWN AS THE COSMETOLOGY
LICENSURE COMPACT COMMISSION. THE COMMISSION IS AN INSTRUMENTALIT Y
OF THE COMPACT MEMBER STATES ACTING JOINTLY AND NOT AN
INSTRUMENTALITY OF A NY ONE STATE. THE COMMISSION SHALL COME INTO
EXISTENCE ON OR AFTE R THE EFFECTIVE DATE OF THE COMPACT AS SET FORTH IN
ARTICLE 13.
B. MEMBERSHIP, VOTING, AND MEETINGS.
1. EACH MEMBER STATE SHALL HAVE AND BE LIMITED TO ONE
DELEGATE SELECTED BY THAT MEMBER STATE’S STATE LICENSING AUTHORITY.
2. THE DELEGATE SHALL BE AN ADMINISTRATOR OF THE STATE
LICENSING AUTHORITY OF THE MEMBER STATE OR THEIR DESIGN EE.
3. THE COMMISSION SHALL BY RULE OR BYLAW ESTABLI SH A TERM
OF OFFICE FOR DELEGA TES AND MAY BY RULE OR BYLAW ESTABLI SH TERM LIMITS.
WES MOORE, Governor Ch. 328
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4. THE COMMISSION MAY RECOMM END REMOVAL OR SUSPE NSION
OF ANY DELEGATE FROM OFFICE.
5. A MEMBER STATE’S STATE LICENSING AUTHORITY SHALL FILL
ANY VACANCY OF ITS DELEGATE OCCURRING ON THE COMMISSION WITHIN 60 DAYS
OF THE VACANCY .
6. EACH DELEGATE SHALL B E ENTITLED TO ONE VO TE ON ALL
MATTERS THAT ARE VOT ED ON BY THE COMMISSION.
7. THE COMMISSION SHALL MEET AT LEAST ONCE DURING EACH
CALENDAR YEAR . ADDITIONAL MEETINGS M AY BE HELD AS SET FO RTH IN THE
BYLAWS. THE COMMISSION MAY MEET B Y TELECOMMUNICATION , VIDEO
CONFERENCE , OR OTHER SIMILAR ELE CTRONIC MEANS .
C. THE COMMISSION SHALL HAVE THE FOLLOWING POWERS :
1. ESTABLISH THE FISCAL YEAR OF THE COMMISSION;
2. ESTABLISH A CODE OF C ONDUCT AND CONFLICT OF INTEREST
POLICIES;
3. ADOPT RULES AND BYLAWS ;
4. MAINTAIN ITS FINANCIA L RECORDS IN ACCORDA NCE WITH THE
BYLAWS;
5. MEET AND TAKE SUCH AC TIONS AS ARE CONSIST ENT WITH THE
PROVISIONS OF TH IS COMPACT, THE COMMISSION’S RULES, AND THE BYLAWS ;
6. INITIATE AND CONCLUDE LEGAL PROCEEDINGS OR ACTIONS IN
THE NAME OF THE COMMISSION, PROVIDED THAT THE ST ANDING OF ANY STATE
LICENSING AUTHORITY TO SUE OR B E SUED UNDER APPLICA BLE LAW MAY NOT BE
AFFECTED;
7. MAINTAIN AND CERTIFY RECORDS AND INFORMAT ION PROVIDED
TO A MEMBER STATE AS THE AUTHENTI CATED BUSINESS RECOR DS OF THE
COMMISSION AND DESIGNATE AN AGE NT TO DO SO ON THE COMMISSION’S BEHALF;
8. PURCHASE AND MAINTAIN INSURANCE AND BONDS ;
9. BORROW, ACCEPT, OR CONTRACT FOR SERV ICES OF PERSONNEL ,
INCLUDING EMPLOYEES OF A MEMBER STATE; Ch. 328 2024 LAWS OF MARYLAND
– 14 –
10. CONDUCT AN ANNUAL FIN ANCIAL REVIEW ;
11. HIRE EMPLOYEES , ELECT OR APPOINT OFF ICERS, FIX
COMPENSATION , DEFINE DUTIES , GRANT SUCH INDIVIDUALS APPROPRI ATE
AUTHORITY TO CARRY OUT THE PURPOSES OF THE COMPACT, AND ESTABLISH THE
COMMISSION’S PERSONNEL POLICIES AND PROGRAMS RELATIN G TO CONFLICTS OF
INTEREST, QUALIFICATIONS OF PE RSONNEL, AND OTHER RELATED PE RSONNEL
MATTERS;
12. AS SET FORTH IN THE COMMISSION RULES, CHARGE A FEE TO A
LICENSEE FOR THE GRAN T OF A MULTISTATE LICENSE AND THEREAFTE R, AS MAY
BE ESTABLISHED BY COMMISSION RULE, CHARGE THE LICENSEE A MULTISTATE
LICENSE RENEWAL FEE F OR EACH RENEWAL PERI OD. NOTHING HEREIN MAY BE
CONSTRUED TO PREVENT A HOME STATE FROM CHARGING A LICENSEE A FEE FOR
A MULTISTATE LICENSE OR RENEWALS O F A MULTISTATE LICENSE, OR A FEE FOR
THE JURISPRUDENCE REQUIREMENT IF THE MEMBER STATE IMPOSES SUCH A
REQUIREMENT FOR THE GRANT OF A MULTISTATE LICENSE;
13. ASSESS AND COLLECT FE ES;
14. ACCEPT ANY AND ALL AP PROPRIATE GIFTS , DONATIONS, GRANTS
OF MONEY, OTHER SOURCES OF REV ENUE, EQUIPMENT, SUPPLIES, MATERIALS, AND
SERVICES, AND RECEIVE, UTILIZE, AND DISPOSE OF THE S AME; PROVIDED THAT AT
ALL TIMES THE COMMISSION SHALL AVOI D ANY APPEARANCE OF IMPROP RIETY OR
CONFLICT OF INTEREST ;
15. LEASE, PURCHASE, RETAIN, OWN, HOLD, IMPROVE, OR USE ANY
PROPERTY, REAL, PERSONAL, OR MIXED, OR ANY UNDIVIDED INT EREST THEREIN ;
16. SELL, CONVEY, MORTGAGE , PLEDGE, LEASE, EXCHANGE,
ABANDON, OR OTHERWISE DISPOSE OF A NY PROPERTY, REAL, PERSONAL, OR MIXED;
17. ESTABLISH A BUDGET AN D MAKE EXPENDITURES ;
18. BORROW MONEY ;
19. APPOINT COMMITTEES , INCLUDING STANDING C OMMITTEES,
COMPOSED OF MEMBERS , STATE REGULATORS , STATE LEGISLATORS OR THEIR
REPRESENTATIVES , AND CONSUMER REPRESE NTATIVES, AND SUCH OTHER
INTERESTED PERSONS AS MAY BE DESIGNATED IN THIS COMPACT AND THE BYLAW S;
WES MOORE, Governor Ch. 328
– 15 –
20. PROVIDE AND RECEIVE I NFORMATION FROM AND COOPERATE
WITH LAW ENFORCEMENT AGENCIES;
21. ELECT A CHAIR, VICE CHAIR, SECRETARY AND TREASURER AND
SUCH OTHER OFFICERS OF TH E COMMISSION AS PROVIDE D IN THE COMMISSION’S
BYLAWS;
22. ESTABLISH AND ELECT A N EXECUTIVE COMMITTEE, INCLUDING
A CHAIR AND A VICE CHAIR;
23. ADOPT AND PROVIDE TO THE MEMBER STATES AN ANNUAL
REPORT;
24. DETERMINE WHETHER A STATE’S ADOPTED LANGUAGE I S
MATERIALLY DIFFERENT FROM THE MODEL COMPACT LANGUAGE SUCH THAT THE
STATE WOULD NOT QUALI FY FOR PARTICIPATION IN THE COMPACT; AND
25. PERFORM SUCH OTHER FUNCTIONS AS M AY BE NECESSARY OR
APPROPRIATE TO ACHIE VE THE PURPOSES OF T HIS COMPACT.
D. THE EXECUTIVE COMMITTEE.
1. THE EXECUTIVE COMMITTEE SHALL HAVE THE POWER TO ACT ON
BEHALF OF THE COMMISSION ACCORDING TO THE TERMS OF THIS COMPACT. THE
POWERS, DUTIES, AND RESPONSIBILITIES OF THE EXECUTIVE COMMITTEE SHALL
INCLUDE:
A. OVERSEEING THE DAY –TO–DAY ACTIVITIES OF TH E
ADMINISTRATION OF TH E COMPACT INCLUDING COM PLIANCE WITH THE
PROVISIONS OF THE COMPACT, THE COMMISSION’S RULES AND BYLAWS , AND SUCH
OTHER DUTIES AS DEEM ED NECESSARY ;
B. RECOMMENDING TO THE COMMISSION CHANGES TO THE
RULES OR BYLAWS , CHANGES TO THIS COMPACT LEGISLATION , FEES CHARGED TO
COMPACT MEMBER STATES, FEES CHARGED TO LICENSEES, AND OTHER FEES ;
C. ENSURING COMPACT ADMI NISTRATION SERVICES ARE
APPROPRIATELY PROVID ED, INCLUDING BY CONTRAC T;
D. PREPARING AND RECOMME NDING THE BUDGET ;
E. MAINTAINING FINANCIAL RECORDS ON BEHALF OF THE
COMMISSION; Ch. 328 2024 LAWS OF MARYLAND
– 16 –
F. MONITORING COMPACT COMPLIANCE OF MEMBER STATES
AND PROVIDING COMPLI ANCE REPORTS TO THE COMMISSION;
G. ESTABLISHING ADDITION AL COMMITTEES AS NEC ESSARY;
H. EXERCISING THE POWERS AND DUTIES OF THE
COMMISSION DURING THE INTERIM BETWEEN COMMISSION MEETINGS , EXCEPT
FOR ADOPTING OR AMEN DING RULES, ADOPTING OR AMENDING BYLAWS, AND
EXERCISING ANY OTHER POWERS AND DUTIES EX PRESSLY RESERVED TO THE
COMMISSION BY RULE OR BYLAW ; AND
I. OTHER DUTIES AS PROVI DED IN THE RULES OR BYLAWS OF
THE COMMISSION.
2. THE EXECUTIVE COMMITTEE SHALL BE CO MPOSED OF UP TO
SEVEN VOTING MEMBERS .
A. THE CHAIR AND VICE CHAIR OF THE COMMISSION AND ANY
OTHER MEMBERS OF THE COMMISSION WHO SERVE ON THE EXECUTIVE
COMMITTEE SHALL BE VO TING MEMBERS OF THE EXECUTIVE COMMITTEE; AND
B. OTHER THAN THE CHAIR, VICE CHAIR, SECRETARY AND
TREASURER, THE COMMISSION SHALL ELEC T THREE VOTING MEMBE RS FROM THE
CURRENT MEMBERSHIP O F THE COMMISSION.
C. THE COMMISSION MAY ELECT EX OFFICIO, NONVOTING
MEMBERS FROM A RECOG NIZED NATIONAL COSMETOLOGY PROFESSIO NAL
ASSOCIATION AS APPROVED BY THE COMMISSION. THE COMMISSION’S BYLAWS
SHALL IDENTIFY QUALI FYING ORGANIZATIONS AND THE MANNER OF AP POINTMENT
IF THE NUMBER OF ORG ANIZATIONS SEEKING T O APPOINT AN EX OFFI CIO MEMBER
EXCEEDS THE NUMBER O F MEMBERS SPECIFIED IN THIS ARTICLE.
3. THE COMMISSION MAY REMOVE ANY MEMBER OF THE EXECUTIVE
COMMITTEE AS PROVIDED IN THE COMMISSION’S BYLAWS.
4. THE EXECUTIVE COMMITTEE SHALL MEET AT LEAST ANNUALLY .
A. ANNUAL EXECUTIVE COMMITTEE MEETINGS , AS WELL AS
ANY EXECUTIVE COMMITTEE MEETING AT WHICH IT DOES NOT TA KE OR INTEND TO
TAKE FORMAL ACTION O N A MATTER FOR WHICH A COMMISSION VOTE WOULD
OTHERWISE BE REQUIRE D, SHALL BE OPEN TO THE PUBLIC, EXCEPT THAT THE WES MOORE, Governor Ch. 328
– 17 –
EXECUTIVE COMMITTEE MAY MEET IN A CLOSED, NON–PUBLIC SESSION OF A
PUBLIC MEETING WHEN DEALING WITH ANY OF THE MATTERS COVERED UNDER
ARTICLE 9.F.4.
B. THE EXECUTIVE COMMITTEE SHALL GIVE 5 BUSINESS DAYS
ADVANCE NOTICE OF IT S PUBLIC MEETINGS , POSTED ON ITS WEBSIT E AND AS
DETERMINED TO PROVID E NOTICE TO PERSONS WITH AN I NTEREST IN THE PUBLI C
MATTERS THE EXECUTIVE COMMITTEE INTENDS TO ADDRESS AT THOSE MEE TINGS.
5. THE EXECUTIVE COMMITTEE MAY HOLD AN EMERGENCY
MEETING WHEN ACTING FOR THE COMMISSION TO :
A. MEET AN IMMINENT THRE AT TO PUBLIC HEALTH , SAFETY,
OR WELFARE;
B. PREVENT A LOSS OF COMMISSION OR MEMBER STATE
FUNDS; OR
C. PROTECT PUBLIC HEALTH AND SAFETY.
E. THE COMMISSION SHALL ADOP T AND PROVIDE TO THE MEMBER
STATES AN ANNUAL REPO RT.
F. MEETINGS OF THE COMMISSION.
1. ALL MEETINGS OF THE COMMISSION THAT ARE N OT CLOSED
PURSUANT TO ARTICLE 9.F.4. SHALL BE OPEN TO THE PUBLIC. NOTICE OF PUBLIC
MEETINGS SHALL BE PO STED ON THE COMMISSION’S WEBSITE AT LEAST 30 DAYS
PRIOR TO THE PUBLIC MEETING .
2. NOTWITHSTANDING ARTICLE 9.F.1., THE COMMISSION MAY
CONVENE AN EMERGENCY PUBLIC MEETING BY PR OVIDING AT LEAST 24 HOURS
PRIOR NOTICE ON THE COMMISSION’S WEBSITE, AND ANY OTHER MEANS AS
PROVIDED IN THE COMMISSION’S RULES, FOR ANY OF THE REASO NS IT MAY
DISPENSE WITH NOTICE OF PROPOSE D RULEMAKING UNDER ARTICLE 11.L. THE
COMMISSION’S LEGAL COUNSEL SHAL L CERTIFY THAT ONE O F THE REASONS
JUSTIFYING AN EMERGE NCY PUBLIC MEETING H AS BEEN MET.
3. NOTICE OF ALL COMMISSION MEETINGS S HALL PROVIDE THE
TIME, DATE, AND LOCATION OF THE MEETING, AND IF THE MEETING I S TO BE HELD
OR ACCESSIBLE VIA TE LECOMMUNICATION , VIDEO CONFERENCE , OR OTHER
ELECTRONIC MEANS , THE NOTICE SHALL INC LUDE THE MECHANISM F OR ACCESS TO
THE MEETIN G. Ch. 328 2024 LAWS OF MARYLAND
– 18 –
4. THE COMMISSION MAY CONVEN E IN A CLOSED , NON–PUBLIC
MEETING FOR THE COMMISSION TO DISCUSS :
A. NON–COMPLIANCE OF A MEMBER STATE WITH ITS
OBLIGATIONS UNDER TH E COMPACT;
B. THE EMPLOYMENT , COMPENSATION , DISCIPLINE OR OTHER
MATTERS, PRACTICES OR PROCEDURES RELATE D TO SPECIFIC EMPLOY EES OR
OTHER MATTERS RELATE D TO THE COMMISSION’S INTERNAL PERSONNEL
PRACTICES AND PROCED URES;
C. CURRENT OR THREATENED DISCIPLINE OF A LICENSEE BY
THE COMMISSION OR BY A MEMBER STATE’S LICENSING AUTHORITY;
D. CURRENT, THREATENED , OR REASONABLY ANTICI PATED
LITIGATION;
E. NEGOTIATION OF CONTRA CTS FOR THE PURCHASE , LEASE,
OR SALE OF GOODS , SERVICES, OR REAL ESTATE ;
F. ACCUSING ANY PERSON O F A CRIME OR FORMALL Y
CENSURING ANY PERSON ;
G. TRADE SECRE TS OR COMMERCIAL OR FINANCIAL
INFORMATION THAT IS PRIVILEGED OR CONFID ENTIAL;
H. INFORMATION OF A PERS ONAL NATURE WHERE
DISCLOSURE WOULD CON STITUTE A CLEARLY UN WARRANTED INVASION O F
PERSONAL PRIVACY ;
I. INVESTIGATIVE RECORDS COMPILED FOR LAW
ENFORCEMENT PURPOSES ;
J. INFORMATION RELATED T O ANY INVESTIGATIVE REPORTS
PREPARED BY OR ON BE HALF OF OR FOR USE O F THE COMMISSION OR OTHER
COMMITTEE CHARGED WI TH RESPONSIBILITY OF INVESTIGATION OR
DETERMINATION O F COMPLIANCE ISSUES PURSUANT TO THE COMPACT;
K. LEGAL ADVICE;
L. MATTERS SPECIFICALLY EXEMPTED FROM DISCLO SURE TO WES MOORE, Governor Ch. 328
– 19 –
THE PUBLIC BY FEDERA L OR MEMBER STATE LAW; OR
M. OTHER MATTERS AS PROM ULGATED BY THE COMMISSION
BY RULE.
5. IF A MEETING , OR PORTION OF A MEET ING, IS CLOSED, THE
PRESIDING OFFICER SH ALL STATE THAT THE M EETING WILL BE CLOSE D AND
REFERENCE EACH RELEV ANT EXEMPTING PROVIS ION, AND SUCH REFERENCE
SHALL BE RECORDED IN THE MINUTES.
6. THE COMMISSION SHALL KEEP MINUTES THAT FULLY AND
CLEARLY DESCRIBE ALL MATTERS DISCUSSED IN A MEETING AND SHALL PROVIDE A
FULL AND ACCURATE SU MMARY OF ACTIONS TAK EN, AND THE REASON S THEREFOR,
INCLUDING A DESCRIPT ION OF THE VIEWS EXP RESSED. ALL DOCUMENTS
CONSIDERED IN CONNEC TION WITH AN A CTION SHALL BE IDENT IFIED IN SUCH
MINUTES. ALL MINUTES AND DOCUM ENTS OF A CLOSED MEE TING SHALL REMAIN
UNDER SEAL , SUBJECT TO RELEASE O NLY BY A MAJORITY VO TE OF THE
COMMISSION OR ORDER O F A COURT OF COMPETE NT JURISDICTION .
G. FINANCING OF THE COMMISSION.
1. THE COMMISSION SHALL PAY , OR PROVIDE FOR THE P AYMENT
OF, THE REASONABLE EXPEN SES OF ITS ESTABLISH MENT, ORGANIZATION , AND
ONGOING ACTIVITIES .
2. THE COMMISSION MAY ACCEPT ANY AND ALL APPROPRI ATE
SOURCES OF REVENUE , DONATIONS, AND GRANTS OF MONEY , EQUIPMENT,
SUPPLIES, MATERIALS, AND SERVICES.
3. THE COMMISSION MAY LEVY O N AND COLLECT AN ANN UAL
ASSESSMENT FROM EACH MEMBER STATE AND IMPOSE FEES ON LICENSEES OF
MEMBER STATES TO WHOM IT GRA NTS A MULTISTATE LICENSE TO COVER THE
COST OF THE OPERATIO NS AND ACTIVITIES OF THE COMMISSION AND ITS ST AFF,
WHICH MUST BE IN A T OTAL AMOUNT SUFFICIE NT TO COVER ITS ANNU AL BUDGET
AS APPROVED EACH YEA R FOR WHICH REVENUE IS NOT PROVIDED BY O THER
SOURCES. THE AGGREGATE ANNUAL ASSESSMENT AMOUNT FO R MEMBER STATES
SHALL BE ALLOCATED B ASED UPON A FORMULA THAT THE COMMISSION SHALL
PROMULGATE BY RULE.
4. THE COMMISSION MAY NOT INCUR OBLIGATIONS OF ANY KIND
PRIOR TO SECURING THE ADEQUATE FUNDS TO MEET THE SAME ; NOR SHALL THE
COMMISSION PLEDGE THE CREDIT OF ANY MEMBER STATES, EXCEPT BY AND WITH
THE AUTHORITY OF THE MEMBER STATE. Ch. 328 2024 LAWS OF MARYLAND
– 20 –
5. THE COMMISSION SHALL KEEP ACCURATE ACCOUNTS OF ALL
RECEIPTS AND DISBURS EMENTS. THE RECEIPTS AND DISBURSE MENTS OF THE
COMMISSION SHALL BE S UBJECT TO THE FINANC IAL REVIEW AND ACCOU NTING
PROCEDURES ESTABLISH ED UNDER ITS BYLAWS . ALL RECEIPTS AND
DISBURSEMENTS OF FUN DS HANDLED BY THE COMMISSION SHALL BE S UBJECT TO
AN ANNUAL FINANCIAL REVIEW BY A CERTIFIED OR LICEN SED PUBLIC ACCOUNTAN T
AND THE REPORT OF TH E FINANCIAL REVIEW S HALL BE INCLUDED IN AND BECOME
PART OF THE ANNUAL R EPORT OF THE COMMISSION.
H. QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION .
1. THE MEMBERS , OFFICERS, EXECUTIVE DIRECTOR , EMPLOYEES
AND REPRESENTATIVES OF THE COMMISSION SHALL BE I MMUNE FROM SUIT AND
LIABILITY, BOTH PERSONALLY AND IN THEIR OFFICIAL CA PACITY, FOR ANY CLAIM
FOR DAMAGE TO OR LOS S OF PROPERTY OR PER SONAL INJURY OR OTHE R CIVIL
LIABILITY CAUSED BY OR ARISING OUT OF AN Y ACTUAL OR ALLEGED ACT, ERROR,
OR OMISSION THAT OCC URRED, OR THAT THE PERSON A GAINST WHOM THE CLAI M
IS MADE HAD A REASON ABLE BASIS FOR BELIE VING OCCURRED WITHIN THE SCOPE
OF COMMISSION EMPLOYMENT , DUTIES OR RE SPONSIBILITIES; PROVIDED THAT
NOTHING IN THIS PARA GRAPH MAY BE CONSTRUED TO PROT ECT ANY SUCH PERSON
FROM SUIT OR LIABILI TY FOR ANY DAMAGE , LOSS, INJURY, OR LIABILITY CAUSED BY
THE INTENTIONAL OR W ILLFUL OR WANTON MIS CONDUCT OF THAT PERS ON. THE
PROCUREMENT OF INSURANCE OF ANY TYPE BY THE COMMISSION MAY NOT IN ANY
WAY COMPROMISE OR LI MIT THE IMMUNITY GRA NTED HEREUNDER .
2. THE COMMISSION SHALL DEFE ND ANY MEMBER , OFFICER,
EXECUTIVE DIRECTOR , EMPLOYEE, AND REPRESENTATIVE O F THE COMMISSION IN
ANY CIVIL ACTION SEE KING TO IMPOSE LIABI LITY ARISING OUT OF ANY ACTUAL OR
ALLEGED ACT , ERROR, OR OMISSION THAT OCC URRED WITHIN THE SCO PE OF
COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES , OR AS DETERMINED BY
THE COMMISSION THAT THE P ERSON AGAINST WHOM THE CLA IM IS MADE HAD A
REASONABLE BASIS FOR BELIEVING OCCURRED W ITHIN THE SCOPE OF
COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES ; PROVIDED THAT
NOTHING HEREIN MAY BE CONSTRUED TO PROH IBIT THAT PERSON FRO M
RETAINING THEIR OWN COUNSEL AT T HEIR OWN EXPENSE ; AND PROVIDED FURTHER
THAT THE ACTUAL OR A LLEGED ACT, ERROR, OR OMISSION DID NOT RESULT FROM
THAT PERSON ’S INTENTIONAL OR WIL LFUL OR WANTON MISCO NDUCT.
3. THE COMMISSION SHALL INDE MNIFY AND HOLD HARML ESS ANY
MEMBER, OFFICER, EXECUTIVE D IRECTOR, EMPLOYEE, AND REPRESENTATIVE O F
THE COMMISSION FOR THE AM OUNT OF ANY SETTLEME NT OR JUDGMENT OBTAI NED WES MOORE, Governor Ch. 328
– 21 –
AGAINST THAT PERSON ARISING OUT OF ANY A CTUAL OR ALLEGED ACT , ERROR, OR
OMISSION THAT OCCURR ED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT ,
DUTIES, OR RESPONSIBILITIES , OR THAT SUCH PERSON HAD A REASONA BLE BASIS
FOR BELIEVING OCCURR ED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT ,
DUTIES, OR RESPONSIBILITIES ; PROVIDED THAT THE AC TUAL OR ALLEGED ACT ,
ERROR, OR OMISSION DID NOT RESULT FROM THE INTE NTIONAL OR WILLFUL OR
WANTON MISCONDUCT OF THAT PERSON .
4. NOTHING HEREIN SHALL BE CONSTRUED AS A LI MITATION ON
THE LIABILITY OF ANY LICENSEE FOR PROFESSI ONAL MALPRACTICE OR
MISCONDUCT , WHICH SHALL BE GOVER NED SOLELY BY ANY OT HER APPLICABLE
STATE LAWS.
5. NOTHING IN THIS COMPACT SHALL BE INTE RPRETED TO WAIVE
OR OTHERWISE ABROGAT E A MEMBER STATE’S STATE ACTION IMMUNITY OR STATE
ACTION AFFIRMATIVE D EFENSE WITH RESPECT TO ANTITRUST CLAIMS UNDER THE
FEDERAL SHERMAN ACT, FEDERAL CLAYTON ACT, OR ANY OTHER STATE OR
FEDERAL ANTITRUST OR ANTICOMPETITIVE LAW OR REGULATION .
6. NOTHING IN THIS COMPACT SHALL BE CONS TRUED TO BE A
WAIVER OF SOVEREIGN IMMUNITY BY THE MEMBER STATES OR BY THE
COMMISSION.
ARTICLE 10. DATA SYSTEM.
A. THE COMMISSION SHALL PROV IDE FOR THE DEVELOPM ENT,
MAINTENANCE , OPERATION, AND UTILIZATION OF A COORDINATED DATABASE AND
REPORTING SYSTEM .
B. THE COMMISSION SHALL ASSI GN EACH APPLICANT FO R A MULTISTATE
LICENSE A UNIQUE IDEN TIFIER, AS DETERMINED BY THE RULES OF THE
COMMISSION.
C. NOTWITHSTANDING ANY O THER PROVISION OF STATE LAW TO THE
CONTRARY, A MEMBER STATE SHALL SUBMIT A UNIFORM DATA SET TO THE DATA
SYSTEM ON ALL INDIVID UALS TO WHOM THIS COMPACT IS APPLICABLE AS
REQUIRED BY THE RULES OF THE COMMISSION, INCLUDING:
1. IDENTIFYING INFORMATI ON;
2. LICENSURE DATA ;
3. ADVERSE ACTIONS AGAINST A LIC ENSE AND RELATED THERETO; Ch. 328 2024 LAWS OF MARYLAND
– 22 –
4. NON–CONFIDENTIAL INFORMA TION RELATED TO ALTERNATIVE
PROGRAM PARTICIPATION , THE BEGINNING AND EN DING DATES OF SUCH
PARTICIPATION , AND OTHER INFORMATIO N RELATED TO SUCH PARTICIPATION ;
5. ANY DENIAL OF APPLICA TION FOR LICENSURE A ND THE REASON
FOR THE DENIAL (EXCLUDING THE REPORT ING OF ANY CRIMINAL HISTORY RECORD
INFORMATION WHERE PR OHIBITED BY LAW );
6. THE EXISTENCE OF INVESTIGATIVE INFORMATION ;
7. THE EXISTENCE OF CURRENT SIGNIFICANT INVESTIGATIVE
INFORMATION ; AND
8. OTHER INFORMATION THA T MAY FACILITATE THE
ADMINISTRATION OF TH IS COMPACT OR THE PROTEC TION OF THE PUBLIC , AS
DETERMINED BY THE RULES OF THE COMMISSION.
D. THE RECORDS AND INFOR MATION PROVIDED TO A MEMBER STATE
PURSUANT TO THIS COMPACT OR THROUGH TH E DATA SYSTEM, WHEN CERTIFIED
BY THE COMMISSION OR AN AGEN T THEREOF, SHALL CONSTITUTE THE
AUTHENTICATED BUSINE SS RECORDS OF THE COMMISSION, AND SHALL BE
ENTITLED TO ANY ASSO CIATED HEARSAY EXCEP TION IN ANY RELEVANT JUDICIAL,
QUASI–JUDICIAL OR ADMINIST RATIVE PROCEEDINGS I N A MEMBER STATE.
E. THE EXISTENCE OF CURRENT SIGNIFICANT INVESTIGATIVE
INFORMATION AND THE E XISTENCE OF INVESTIGATIVE INFORMATI ON PERTAINING
TO A LICENSEE IN ANY MEMBER STATE WILL ONLY BE AV AILABLE TO OTHER
MEMBER STATES.
F. IT IS THE RESPONSIBIL ITY OF THE MEMBER STATES TO MONITOR THE
DATABASE TO DETERMIN E WHETHER ADVERSE ACTION HAS BEEN TAKEN AGAINST
SUCH A LICENSEE OR LICENSE A PPLICANT. ADVERSE ACTION INFORMATION
PERTAINING TO A LICENSEE OR LICENSE A PPLICANT IN ANY MEMBER STATE WILL
BE AVAILABLE TO ANY OTHER MEMBER STATE.
G. MEMBER STATES CONTRIBUTING I NFORMATION TO THE DATA SYSTEM
MAY DESIGNATE INFORM ATION THAT MAY NOT B E SHARED WITH THE PU BLIC
WITHOUT THE EXPRESS PERMISSION OF THE CO NTRIBUTING STATE.
H. ANY INFORMATION SUBMITTED TO THE DATA SYSTEM THAT IS
SUBSEQUENTLY EXPUNGE D PURSUANT TO FEDERAL LAW OR THE L AWS OF THE WES MOORE, Governor Ch. 328
– 23 –
MEMBER STATE CONTRIBUTING TH E INFORMATION SHALL BE REMOVED FROM THE
DATA SYSTEM.
ARTICLE 11. RULEMAKING .
A. THE COMMISSION SHALL PROM ULGATE REASONABLE RULES IN ORDER
TO EFFECTIVELY AND E FFICIENTLY IMPLEMENT AND ADMINISTER THE P URPOSES
AND PROVISIONS OF TH E COMPACT. A RULE SHALL BE INVALID AND HAVE NO
FORCE OR EFFECT ONLY IF A COURT OF COMPET ENT JURISDICTION HOL DS THAT
THE RULE IS INVALID BECAU SE THE COMMISSION EXERCISED ITS RULEMAKING
AUTHORITY IN A MANNE R THAT IS BEYOND THE SCOPE AND PURPOSES O F THE
COMPACT, THE POWERS GRANTED UNDER TH E COMPACT, OR BASED UPON
ANOTHER APPLICABLE S TANDARD OF REVIEW .
B. THE RULES OF THE COMMISSION SHALL HAVE THE FORCE OF LAW IN
EACH MEMBER STATE, PROVIDED HOWEVER THA T WHERE THE RULES OF THE
COMMISSION CONFLICT W ITH THE LAWS OF THE MEMBER STATE THAT ESTABLISH
THE MEMBER STATE’S SCOPE OF PRACTICE LAWS GOVERNING THE PRACTICE OF
COSMETOLOGY AS HELD B Y A COURT OF COMPETE NT JURISDICTION , THE RULES OF
THE COMMISSION SHALL BE I NEFFECTIVE IN THAT STATE TO THE EXTENT O F THE
CONFLICT.
C. THE COMMISSION SHALL EXER CISE ITS RULEMAKING POWERS
PURSUANT TO THE CRITERIA SET FOR TH IN THIS ARTICLE AND THE RULES
ADOPTED THEREUNDER . RULES SHALL BECOME BI NDING AS OF THE DATE
SPECIFIED BY THE COMMISSION FOR EACH RULE.
D. IF A MAJORITY OF THE LEGISLATURES OF THE MEMBER STATES
REJECTS A RULE OR PORTION OF A RULE, BY ENACTMENT OF A ST ATUTE OR
RESOLUTION IN THE SA ME MANNER USED TO AD OPT THE COMPACT WITHIN 4 YEARS
OF THE DATE OF ADOPT ION OF THE RULE, THEN THE RULE MAY NOT HAVE FURTHER
FORCE AND EFFECT IN ANY MEMBER STATE OR TO ANY STATE APPLYING TO
PARTICIPATE IN THE COMPACT.
E. RULES SHALL BE ADOPTE D AT A REGULAR OR SP ECIAL MEETING OF THE
COMMISSION.
F. PRIOR TO THE ADOPTION OF A PROPOS ED RULE, THE COMMISSION
SHALL HOLD A PUBLIC HEARING AND ALLOW PERSONS TO PROVIDE ORAL AND
WRITTEN COMMENTS , DATA, FACTS, OPINIONS, AND ARGUMENTS .
G. PRIOR TO THE ADOPTION OF A PROPOS ED RULE BY THE COMMISSION,
AND AT LEAST 30 DAYS IN ADVANCE OF T HE MEETING AT WHICH THE COMMISSION Ch. 328 2024 LAWS OF MARYLAND
– 24 –
WILL HOLD A PUBLIC H EARING ON THE PROPOS ED RULE, THE COMMISSION SHALL
PROVIDE A NOTICE OF PROPOSED RULEMAKING :
1. ON THE WEBSITE OF THE COMMISSION OR OTHER P UBLICLY
ACCESSIBLE PLATFORM ;
2. TO PERSONS WHO HAVE R EQUESTED NOTICE OF T HE
COMMISSION’S NOTICES OF PROPOSE D RULEMAKING ; AND
3. IN ANY SUCH WAY THE COMMISSION MAY BY RULE SPECIFY.
H. THE NOTICE OF PROPOSE D RULEMAKING SHALL I NCLUDE:
1. THE TIME, DATE, AND LOCATION OF THE PUBLIC HEARING AT
WHICH THE COMMISSION WILL HEAR PUBLIC COMMENTS ON T HE PROPOSED RULE
AND, IF DIFFERENT, THE TIME, DATE, AND LOCATION OF THE MEETING WHERE THE
COMMISSION WILL CONSI DER AND VOTE ON THE PROPOSED RULE;
2. IF THE HEARING IS HEL D VIA TELECOMMUNICAT ION, VIDEO
CONFERENCE , OR OTHER ELECTRONIC MEANS, THE COMMISSION SHALL INCL UDE
THE MECHANISM FOR AC CESS TO THE HEARING IN THE NOTICE OF PRO POSED
RULEMAKING ;
3. THE TEXT OF THE PROPO SED RULE AND THE REASON THEREFOR;
4. A REQUEST FOR COMMENTS ON THE PROPOSED RULE FROM ANY
INTERESTED PERSON ; AND
5. THE MANNER IN WHICH I NTERESTED PERSONS MAY SUBMIT
WRITTEN COMMENTS .
I. ALL HEARINGS SHALL BE RECORDED . A COPY OF THE RECORDIN G AND
ALL WRITTEN COMMENTS AND DOCUMENTS RECEIV ED BY THE COMMISSION IN
RESPONSE TO THE PROP OSED RULE SHALL BE AVAILAB LE TO THE PUBLIC.
J. NOTHING IN THIS ARTICLE MAY BE CONSTRUED AS REQU IRING A
SEPARATE HEARING ON EACH RULE. RULES MAY BE GROUPED FOR THE
CONVENIENCE OF THE COMMISSION AT HEARING S REQUIRED BY THIS ARTICLE.
K. THE COMMISSION SHALL , BY MAJORITY VOTE OF ALL MEMBERS , TAKE
FINAL ACTION ON THE PROPOSED RULE BASED ON THE RUL EMAKING RECORD AND
THE FULL TEXT OF THE RULE. WES MOORE, Governor Ch. 328
– 25 –
1. THE COMMISSION MAY ADOPT CHANGES TO THE PROPO SED RULE
PROVIDED THE CHANGES DO NOT ENLARGE THE O RIGINAL PURPOSE OF T HE
PROPOSED RULE.
2. THE COMMISSION SHALL PROVI DE AN EXPLANATION OF THE
REASONS FOR SUBSTANT IVE CHANGES MADE TO THE PROPOSED RULE AS WELL AS
REASONS FOR SUBSTANT IVE CHANGES NOT MADE THAT WERE RECOMMENDE D BY
COMMENTERS .
3. THE COMMISSION SHALL DETE RMINE A REASONABLE E FFECTIVE
DATE FOR THE RULE. EXCEPT FOR AN EMERGEN CY AS PROVIDED IN ARTICLE 11.L.,
THE EFFECTIVE DATE O F THE RULE SHALL BE NO SOON ER THAN 45 DAYS AFTER THE
COMMISSION ISSUING TH E NOTICE THAT IT ADO PTED OR AMENDED THE RULE.
L. UPON A DETERMINATION THAT AN EMERGENCY EX ISTS, THE
COMMISSION MAY CONSID ER AND ADOPT AN EMER GENCY RULE WITHIN 5 DAYS,
WITH OPPORTUNITY TO COMMENT, PROVIDED THAT THE US UAL RULEMAKING
PROCEDURES PROVIDED IN THE COMPACT AND IN THIS ARTICLE SHALL B E
RETROACTIVELY APPLIE D TO THE RULE AS SOON AS REASO NABLY POSSIBLE , IN NO
EVENT LATER THAN 90 DAYS AFTER THE EFFEC TIVE DATE OF THE RULE. FOR THE
PURPOSES OF THIS PRO VISION, AN EMERGENCY RULE IS ONE THAT MUST BE
ADOPTED IMMEDIATELY TO:
1. MEET AN IMMINEN T THREAT TO PUBLIC H EALTH, SAFETY, OR
WELFARE;
2. PREVENT A LOSS OF COMMISSION OR MEMBER STATE FUNDS;
3. MEET A DEADLINE FOR T HE PROMULGATION OF A RULE THAT IS
ESTABLISHED BY FEDER AL LAW OR RULE ; OR
4. PROTECT PUBLIC HEALTH AND SAFETY.
M. THE COMMISSION OR AN AUTH ORIZED COMMITTEE OF THE
COMMISSION MAY DIRECT REVISIONS TO A PREVI OUSLY ADOPTED RULE FOR
PURPOSES OF CORRECTI NG TYPOGRAPHICAL ERR ORS, ERRORS IN FORMAT ,
ERRORS IN CONSISTENC Y, OR GRAMMATICAL ERROR S. PUBLIC NOTICE OF ANY
REVISIONS SHALL BE POSTED ON THE WEB SITE OF THE COMMISSION. THE REVISION
SHALL BE SUBJECT TO CHALLENGE BY ANY PERSON FOR A PERIOD OF 30 DAYS
AFTER POSTING . THE REVISION MAY BE C HALLENGED ONLY ON GR OUNDS THAT THE
REVISION RESULTS IN A MATERIAL CHANGE TO A RULE. A CHALLENGE SHALL BE
MADE IN WRITING AND DELIVERED TO THE COMMISSION PRIOR TO THE END OF THE Ch. 328 2024 LAWS OF MARYLAND
– 26 –
NOTICE PERIOD . IF NO CHALLENGE IS MA DE, THE REVISION WILL TA KE EFFECT
WITHOUT FURTHER ACTI ON. IF THE REVISION IS CH ALLENGED, THE REVISION MAY
NOT TAKE EFFECT WITHOUT THE APPROVAL OF THE COMMISSION.
N. NO MEMBER STATE’S RULEMAKING REQUIRE MENTS MAY APPLY UNDER
THIS COMPACT.
ARTICLE 12. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT .
A. OVERSIGHT.
1. THE EXECUTIVE AND JUD ICIAL BRANCHES OF STATE
GOVERNMENT IN EACH MEMBER STATE SHALL ENFORCE T HIS COMPACT AND TAKE
ALL ACTIONS NECESSAR Y AND APPROPRIATE TO IMPLEMENT THE COMPACT.
2. VENUE IS PROPER AND J UDICIAL PROCEEDINGS BY OR AGAINST
THE COMMISSION SHALL BE B ROUGHT SOLELY AND EX CLUSIVELY IN A COURT OF
COMPETENT JURISDICTI ON WHERE THE PRINCIP AL OFFICE OF THE COMMISSION IS
LOCATED. THE COMMISSION MAY WAIVE VENUE AND JURISDICTI ONAL DEFENSES
TO THE EXTENT IT ADO PTS OR CONSENTS TO P ARTICIPATE IN ALTERN ATIVE
DISPUTE RESOLUTION P ROCEEDINGS . NOTHING HEREIN SHALL AFFECT OR LIMI T
THE SELECTION OR PRO PRIETY OF VENUE IN A NY ACTION AGAINST A LICENSEE FOR
PROFESSIONAL MALPRAC TICE, MISCONDUCT OR ANY SU CH SIMILAR MATTER .
3. THE COMMISSION SHALL BE E NTITLED TO RECEIVE S ERVICE OF
PROCESS IN ANY PROCE EDING R EGARDING THE ENFORCE MENT OR
INTERPRETATION OF TH E COMPACT AND SHALL HAV E STANDING TO INTERV ENE IN
SUCH A PROCEEDING FO R ALL PURPOSES . FAILURE TO PROVIDE TH E COMMISSION
SERVICE OF PROCESS S HALL RENDER A JUDGME NT OR ORDER VOID AS TO THE
COMMISSION, THIS COMPACT, OR PROMULGATED RULES.
B. DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION.
1. IF THE COMMISSION DETERMINES THAT A MEMBER STATE HAS
DEFAULTED IN THE PER FORMANCE OF ITS OBLI GATIONS OR RESPONSIB ILITIES
UNDER THIS COMPACT OR THE PROMUL GATED RULES, THE COMMISSION SHALL
PROVIDE WRITTEN NOTI CE TO THE DEFAULTING STATE. THE NOTICE OF DEFAULT
SHALL DESCRIBE THE D EFAULT, THE PROPOSED MEANS O F CURING THE DEFAULT ,
AND ANY OTHER ACTION THAT THE COMMISSION MAY TAKE , AND SHALL OFFER
TRAINING AND SPECIFI C TECHNICAL ASSISTANCE REGARDING THE DEFAULT .
2. THE COMMISSION SHALL PROV IDE A COPY OF THE NO TICE OF WES MOORE, Governor Ch. 328
– 27 –
DEFAULT TO THE OTHER MEMBER STATES.
3. IF A STATE IN DEFAULT FAIL S TO CURE THE DEFAUL T, THE
DEFAULTING STATE MAY BE TERMINAT ED FROM THE COMPACT AFTER AN
AFFIRMATIVE VOTE OF A MAJO RITY OF THE DELEGATE S OF THE MEMBER STATES,
AND ALL RIGHTS , PRIVILEGES AND BENEF ITS CONFERRED ON THA T STATE BY THIS
COMPACT MAY BE TERMIN ATED ON THE EFFECTIV E DATE OF TERMINATIO N. A CURE
OF THE DEFAULT DOES NOT RELIEVE THE OFFE NDING STATE OF OBLIGATIONS OR
LIABILITIES INCURRED DURING THE PERIOD OF DEFAULT.
4. TERMINATION OF MEMBER SHIP IN THE COMPACT SHALL BE
IMPOSED ONLY AFTER A LL OTHER MEANS OF SE CURING COMPLIANCE HA VE BEEN
EXHAUSTED. NOTICE OF INTENT TO S USPEND OR TERMINATE SHALL BE GIVEN BY
THE COMMISSION TO THE GOV ERNOR, THE MAJORITY AND MIN ORITY LEADERS OF
THE DEFAULTING STATE’S LEGISLATURE , THE DEFAULTING STATE’S STATE
LICENSING AUTHORITY AND EACH OF THE MEMBER STATES’ STATE LICENSING
AUTHORITY.
5. A STATE THAT HAS BEEN T ERMINATED IS RESPONSIB LE FOR ALL
ASSESSMENTS , OBLIGATIONS, AND LIABILITIES INCU RRED THROUGH THE
EFFECTIVE DATE OF TE RMINATION, INCLUDING OBLIGATION S THAT EXTEND
BEYOND THE EFFECTIVE DATE OF TERMINATION .
6. UPON THE TERMINATION OF A STATE’S MEMBERSHIP FROM THIS
COMPACT, THAT STATE SHALL IMMEDIATE LY PROVIDE NOTICE TO ALL LICENSEES
WHO HOLD A MULTISTATE LICENSE WITHIN THAT STATE OF SUCH TERMINATION .
THE TERMINATED STATE SHALL CONTINUE TO RECOGNIZE ALL LICENSES GRANTED
PURSUANT TO THIS COMPACT FOR A MINIMUM OF 180 DAYS AFTER THE DATE OF
SAID NOTICE OF TERMINATIO N.
7. THE COMMISSION MAY NOT BEAR ANY COSTS R ELATED TO A
STATE THAT IS FOUND T O BE IN DEFAULT OR T HAT HAS BEEN TERMINA TED FROM
THE COMPACT, UNLESS AGREED UPON I N WRITING BETWEEN TH E COMMISSION AND
THE DEFAULTING STATE.
8. THE DEFAULTING STATE MAY APPEAL THE ACTION OF THE
COMMISSION BY PETITIO NING THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF COLUMBIA OR THE FEDER AL DISTRICT WHERE TH E COMMISSION HAS
ITS PRINCIPAL OFFICE S. THE PREVAILING PARTY SHALL BE AWARDED ALL COSTS
OF SUCH LITIGATION, INCLUDING REASONABLE ATTORNEY’S FEES.
C. DISPUTE RESOLUTION.
Ch. 328 2024 LAWS OF MARYLAND
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1. UPON REQUEST BY A MEMBER STATE, THE COMMISSION SHALL
ATTEMPT TO RESOLVE D ISPUTES RELATED TO T HE COMPACT THAT ARISE AM ONG
MEMBER STATES AND BETWEEN MEMBER AND NON –MEMBER STATES.
2. THE COMMISSION SHALL PROM ULGATE A RULE PROVIDING FOR
BOTH MEDIATION AND B INDING DISPUTE RESOL UTION FOR DISPUTES A S
APPROPRIATE .
D. ENFORCEMENT .
1. THE COMMISSION, IN THE REASONABLE EX ERCISE OF ITS
DISCRETION, SHALL ENFORCE THE PR OVISIONS OF THIS COMPACT AND THE
COMMISSION’S RULES.
2. BY MAJORITY VOTE AS P ROVIDED BY COMMISSION RULE, THE
COMMISSION MAY INITIA TE LEGAL ACTION AGAI NST A MEMBER STATE IN DEFAULT
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR THE
FEDERAL DISTRICT WHE RE THE COMMISSION HAS ITS PR INCIPAL OFFICES TO
ENFORCE COMPLIANCE W ITH THE PROVISIONS O F THE COMPACT AND ITS
PROMULGATED RULES. THE RELIEF SOUGHT MAY INCLUDE BOTH INJUNCT IVE
RELIEF AND DAMAGES . IN THE EVENT JUDICIAL ENFORCEMENT IS NECES SARY, THE
PREVAILING PARTY SHA LL BE AWARDED ALL CO STS OF SUCH LITIGATION ,
INCLUDING REASONABLE ATTORNEY’S FEES. THE REMEDIES HEREIN MAY NOT BE
THE EXCLUSIVE REMEDI ES OF THE COMMISSION. THE COMMISSION MAY PURSUE
ANY OTHER REMEDIES A VAILABLE UNDER FEDER AL OR THE DEFAULTING MEMBER
STATE’S LAW.
3. A MEMBER STATE MAY INITIATE LEGAL ACTION AGAINST THE
COMMISSION IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF
COLUMBIA OR THE FEDER AL DISTRICT WHERE TH E COMMISSION HAS ITS
PRINCIPAL OFFICES TO ENFORCE COMPLIANCE W ITH THE PROVISIONS O F THE
COMPACT AND ITS PROM ULGATED RULES. THE RELIEF SOUGHT MAY INCLUDE
BOTH INJUNCTIVE RELI EF AND DAMAGES . IN THE EVENT JUDICIAL ENFORCEMENT
IS NECESSARY, THE PREVAILING PARTY SHALL BE AWARDED ALL COSTS OF SUCH
LITIGATION, INCLUDING REASONABLE ATTORNEY’S FEES.
4. NO INDIVIDUAL O R ENTITY OTHER THAN A MEMBER STATE MAY
ENFORCE THIS COMPACT AGAINST THE COMMISSION.
ARTICLE 13. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT .
A. THE COMPACT SHALL COME IN TO EFFECT ON THE DAT E ON WHICH THE WES MOORE, Governor Ch. 328
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COMPACT STATUTE IS EN ACTED INTO LAW IN TH E SEVENTH MEMBER STATE.
1. ON OR AFTER THE EFFEC TIVE DATE OF THE COMPACT, THE
COMMISSION SHALL CONV ENE AND REVIEW THE E NACTMENT OF EACH OF THE
CHARTER MEMBER STATES TO DETERMINE I F THE STATUTE ENACTE D BY EACH
SUCH CHARTER MEMBER STATE IS MATERIALLY D IFFERENT THAN THE MO DEL
COMPACT STATUTE .
A. A CHARTER MEMBER STATE WHOSE ENACTMENT IS FOUND
TO BE MATERIALLY DIF FERENT FROM THE MODE L COMPACT STATUTE SHALL BE
ENTITLED TO THE DEFA ULT PROCESS SET FORT H IN ARTICLE 12.
B. IF ANY MEMBER STATE IS LATER FOUND TO BE IN DEFAULT,
OR IS TERMINATED OR WITHDRAWS FROM THE COMPACT, THE COMMISSION SHALL
REMAIN IN EXISTENCE AND THE COMPACT SHALL REMAIN IN EFFECT EVEN IF TH E
NUMBER OF MEMBER STATES SHOULD BE LESS THAN 7.
2. MEMBER STATES ENACTING THE COMPACT SUBSEQUENT TO THE
CHARTER MEMBER STATES SHALL BE SUBJE CT TO THE PROCESS SE T FORTH IN
ARTICLE 9.C.24. TO DETERMINE IF THEI R ENACTMENTS ARE MAT ERIALLY
DIFFERENT FROM THE M ODEL COMPACT STATUTE AND W HETHER THEY QUALIFY
FOR PARTICIPATION IN THE COMPACT.
3. ALL ACTIONS TAKEN FOR THE BENEFIT O F THE COMMISSION OR
IN FURTHERANCE OF TH E PURPOSES OF THE AD MINISTRATION OF THE COMPACT
PRIOR TO THE EFFECTIVE DATE O F THE COMPACT OR THE COMMISSION COMING
INTO EXISTENCE SHALL BE CONSIDERED TO BE ACTIONS OF THE COMMISSION
UNLESS SPECIFICALLY REPUDIATED BY THE COMMISSION.
4. ANY STATE THAT JOINS THE COMPACT SHALL BE SUBJ ECT TO
THE COMMISSION’S RULES AND BYLAWS AS T HEY EXIST ON THE DAT E ON WHICH
THE COMPACT BECOMES LAW I N THAT STATE. ANY RULE THAT HAS BEEN
PREVIOUSLY ADOPTED B Y THE COMMISSION SHALL HAVE THE FULL FORCE AND
EFFECT OF LAW ON THE DAY THE COMPACT BECOMES LAW I N THAT STATE.
B. ANY MEMBER STATE MAY WITHDRAW FR OM THIS COMPACT BY
ENACTING A STATUTE R EPEALING THAT STATE’S ENACTMENT OF THE COMPACT.
1. A MEMBER STATE’S WITHDRAWAL MAY NOT TAKE EFFECT UNTI L
180 DAYS AFTER ENACTMENT OF THE REPEALING STA TUTE.
2. WITHDRAWAL MAY NOT AFFECT THE CONTI NUING REQUIREMENT
OF THE WITHDRAWING STATE’S STATE LICENSING AUTHORITY TO COMPLY W ITH Ch. 328 2024 LAWS OF MARYLAND
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THE INVESTIGATIVE AN D ADVERSE ACTION REPORTING REQU IREMENTS OF THIS
COMPACT BEFORE THE EFFECTIVE DATE O F WITHDRAWAL .
3. UPON THE ENACTMENT OF A S TATUTE WITHDRAWING F ROM THIS
COMPACT, A STATE SHALL IMMEDIATE LY PROVIDE NOTICE OF THE WITHDRAWAL
TO ALL LICENSEES WITHIN THAT STATE. NOTWITHSTANDING ANY S UBSEQUENT
STATUTORY ENACTMENT TO THE CONTRARY , SUCH WITHDRAWING STATE SHALL
CONTINUE TO RECOGNIZ E ALL LICENSES GRANT ED PURSUANT TO THIS COMPACT
FOR A MINIMUM OF 180 DAYS AFTER THE DATE OF THE NOTICE OF WITHDRAWAL .
C. NOTHING CONTAINED IN THIS COMPACT MAY BE CONSTRUED TO
INVALIDATE OR PREVEN T ANY LICENSURE AGRE EMENT OR OTHER COOPE RATIVE
ARRANGEMENT BETWEEN A MEMBER STATE AND A NON –MEMBER STATE THAT
DOES NOT CONFLICT WI TH THE PROVISIONS OF THIS COMPACT.
D. THIS COMPACT MAY BE AMENDE D BY THE MEMBER STATES. NO
AMENDMENT TO THIS COMPACT SHALL BECOME EFFECTIVE AND BINDING UPON
ANY MEMBER STATE UNTIL IT IS ENACTED INTO THE LAWS O F ALL MEMBER STATES.
ARTICLE 14. CONSTRUCTION AND SEVERABILITY.
A. THIS COMPACT AND THE COMMISSION’S RULEMAKING AUTHORI TY
SHALL BE LIBERALLY CONSTRU ED SO AS TO EFFECTUA TE THE PURPOSES AND THE
IMPLEMENTATION AND A DMINISTRATION OF THE COMPACT. PROVISIONS OF THE
COMPACT EXPRESSLY AUT HORIZING OR REQUIRIN G THE PROMULGATION O F
RULES MAY NOT BE CONSTRUED TO LIMIT THE COMMISSION’S RULEMAKI NG
AUTHORITY SOLELY FOR THOSE PURPOSES .
B. THE PROVISIONS OF THI S COMPACT SHALL BE SEVE RABLE AND IF ANY
PHRASE, CLAUSE, SENTENCE OR PROVISIO N OF THIS COMPACT IS HELD BY A COURT
OF COMPETENT JURISDI CTION TO BE CONTRARY TO THE CONSTITUTION OF ANY
MEMBER STATE, A STATE SEEKING PARTICI PATION IN THE COMPACT, OR OF THE
UNITED STATES, OR THE APPLICABILITY TO ANY GOVERNMENT , AGENCY, PERSON
OR CIRCUMSTANCE IS H ELD TO BE UNCONSTITU TIONAL BY A COURT OF COMPETENT
JURISDICTION, THE VALIDITY OF THE REMAINDER OF THIS COMPACT AND THE
APPLICABILITY THEREOF TO ANY OTHER GOVERNM ENT, AGENCY, PERSON OR
CIRCUMSTANCE MAY NOT BE AFFECTED .
C. NOTWITHSTANDING ARTICLE 14.B., THE COMMISSION MAY DENY A
STATE’S PARTICIPATION IN T HE COMPACT OR , IN ACCORDANCE WITH T HE
REQUIREMENTS OF ARTICLE 12, TERMINATE A MEMBER STATE’S PARTICIPATION
IN THE COMPACT, IF IT DETERMINES THA T A CONSTITUTIONAL R EQUIREMENT OF A WES MOORE, Governor Ch. 328
– 31 –
MEMBER STATE IS A MATERIAL D EPARTURE FROM THE COMPACT. OTHERWISE, IF
THIS COMPACT SHALL BE HELD TO BE CONTRARY TO THE CONSTITUTION OF ANY
MEMBER STATE, THE COMPACT SHALL REMAIN IN FULL FORCE AND EF FECT AS TO
THE REMAINING MEMBER STATES AND IN FULL FO RCE AND EFFECT AS TO THE
MEMBER STATE AFFECTED AS TO ALL SEVERABLE MATTERS .
ARTICLE 15. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS.
A. NOTHING HEREIN SHALL PREVENT OR INHIBIT T HE ENFORCEMENT OF
ANY OTHER LAW OF A MEMBER STATE THAT IS NOT INC ONSISTENT WITH THE
COMPACT.
B. ANY LAWS , STATUTES, REGULATIONS , OR OTHER LEGAL
REQUIREMENTS IN A MEMBER STATE IN CONFLICT WIT H THE COMPACT ARE
SUPERSEDED TO THE EX TENT OF THE CONFLICT .
C. ALL PERMISSIBLE AGREE MENTS BETWEEN THE COMMISSION AND THE
MEMBER STATES ARE BINDING IN ACCORDANC E WITH THEIR TERMS .
SECTION 2. AND BE IT FURTHER ENACTED, That this Act is contingent on the
enacting of substantially similar legislation in six other states. The Maryland Department
of Labor shall notify the Department of Legislative Services within 10 days after any state
has enacted legislation that is substantially similar to this Act.
SECTION 3. AND BE IT FURTHER ENACTED, That , subject to Section 2 of this
Act, this Act shall take effect October 1, 2024.
Approved by the Governor, April 25, 2024.