REQUIRES TWO-THIRDS MAJORITY VOTE (§ 1)
A.B. 371
- *AB371*
ASSEMBLY BILL NO. 371–ASSEMBLYMEMBER TORRES-FOSSETT
MARCH 6, 2025
____________
Referred to Committee on Commerce and Labor
SUMMARY—Enacts the Cosmetology Licensure Compact.
(BDR 54-835)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to cosmetology; enacting the Cosmetology
Licensure Compact; providing cosmetologists practicing
in this State under the Compact with the same legal status
as persons who are licensed cosmetologists in this State;
authorizing the sharing of certain information with a data
system created by the Compact; and providing other
matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law provides for the licensure and regulation of cosmetologists in this 1
State by the State Board of Cosmetology. (Chapter 644A of NRS) Section 1 of this 2
bill enacts the Cosmetology Licensure Compact, which allows a person who is 3
licensed as a cosmetologist in a state which is a member of the Compact to obtain a 4
multistate license which authorizes the person to practice in other states that are 5
members of the Compact. 6
In order to obtain a multistate license authorizing a person to practice as a 7
cosmetologist under the Compact, the Compact requires a person to: (1) hold an 8
unencumbered license in a State that is a member of the Compact and which is the 9
primary residence of the person; (2) submit to an application process and pay any 10
applicable fees; (3) agree to abide by the rules of the State Board of Cosmetology 11
or other licensing authority in each state in which he or she seeks to practice; (4) 12
function within the scope of practice authorized by each state in which he or she 13
seeks to practice; and (5) meet certain other requirements for eligibility. 14
The Compact requires member states to create a joint government agency 15
called the Cosmetology Licensure Compact Commission. The Compact sets forth 16
the powers of the Commission which include, among other powers, the power to 17
adopt rules and bylaws and to hold meetings, which may be closed under certain 18
circumstances. The Compact additionally authorizes the Commission to levy and 19
collect an annual assessment from member states and impose fees upon persons 20
seeking to practice under the Compact to cover the cost of its operations. 21
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The Compact requires the Commission to create a data system to facilitate the 22
sharing of information among member states. Section 2 of this bill, in general, 23
authorizes the State Board of Cosmetology to disclose information to that data 24
system when required by the Compact. Section 4 of this bill provides for the 25
confidentiality of certain information disclosed through the data system. 26
The Compact provides additional provisions to carry out the Compact, 27
including providing procedures for the taking of adverse actions against licensees, 28
provisions for rulemaking by the Commission, procedures for oversight, dispute 29
resolution and enforcement and procedures for amendments and withdrawals. 30
Section 3 of this bill deems practicing as a cosmetologist under the Compact to 31
be equivalent to practicing under a license issued by the State Board of 32
Cosmetology, thereby providing such persons with the same authority, duties and 33
legal protections as a licensee. 34
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 644A of NRS is hereby amended by 1
adding thereto a new section to read as follows: 2
The Cosmetology Licensure Compact is hereby ratified and 3
entered into with all other jurisdictions legally joining the 4
Compact, in substantially the form set forth in this section: 5
6
COSMETOLOGY LICENSURE COMPACT 7
8
ARTICLE 1. PURPOSE 9
10
The purpose of this Compact is to facilitate the interstate 11
practice and regulation of Cosmetology with the goal of improving 12
public access to, and the safety of, Cosmetology Services and 13
reducing unnecessary burdens related to Cosmetology licensure. 14
Through this Compact, the Member States seek to establish a 15
regulatory framework which provides for a new multistate 16
licensing program. Through this new licensing program, the 17
Member States seek to provide increased value and mobility to 18
licensed Cosmetologists in the Member States, while ensuring the 19
provision of safe, effective, and reliable services to the public. 20
This Compact is designed to achieve the following objectives, 21
and the Member States hereby ratify the same intentions by 22
subscribing hereto: 23
A. Provide opportunities for interstate practice by 24
Cosmetologists who meet uniform requirements for multistate 25
licensure; 26
B. Enhance the abilities of Member States to protect public 27
health and safety, and prevent fraud and unlicensed activity within 28
the profession; 29
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C. Ensure and encourage cooperation between Member 1
States in the licensure and regulation of the Practice of 2
Cosmetology; 3
D. Support relocating military members and their spouses; 4
E. Facilitate the exchange of information between Member 5
States related to the licensure, investigation, and discipline of the 6
Practice of Cosmetology; and 7
F. Provide for the licensure and mobility of the workforce in 8
the profession, while addressing the shortage of workers and 9
lessening the associated burdens on the Member States. 10
11
ARTICLE 2. DEFINITIONS 12
13
As used in this Compact, and except as otherwise provided, the 14
following definitions shall govern the terms herein: 15
A. “Active Military Member” means any person with full-16
time duty status in the armed forces of the United States, including 17
members of the National Guard and Reserve. 18
B. “Adverse Action” means any administrative, civil, 19
equitable, or criminal action permitted by a Member State’s laws 20
which is imposed by a State Licensing Authority or other 21
regulatory body against a Cosmetologist, including actions against 22
an individual’s license or Authorization to Practice such as 23
revocation, suspension, probation, monitoring of the Licensee, 24
limitation of the Licensee’s practice, or any other Encumbrance 25
on a license affecting an individual’s ability to participate in the 26
Cosmetology industry, including the issuance of a cease and desist 27
order. 28
C. “Authorization to Practice” means a legal authorization 29
associated with a Multistate License permitting the Practice of 30
Cosmetology in that Remote State, which shall be subject to the 31
enforcement jurisdiction of the State Licensing Authority in that 32
Remote State. 33
D. “Alternative Program” means a non -disciplinary 34
monitoring or prosecutorial diversion program approved by a 35
Member State’s State Licensing Authority. 36
E. “Background Check” means the submission of 37
information for an applicant for the purpose of obtaining that 38
applicant’s criminal history record information, as further defined 39
in 28 C.F.R. § 20.3(d), from the Federal Bureau of Investigation 40
and the agency responsible for retaining State criminal or 41
disciplinary history in the applicant’s Home State. 42
F. “Charter Member State” means Member States who have 43
enacted legislation to adopt this Compact where such legislation 44
predates the effective date of this Compact as defined in Article 13. 45
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G. “Commission” means the government agency whose 1
membership consists of all States that have enacted this Compact, 2
which is known as the Cosmetology Licensure Compact 3
Commission, as defined in Article 9, and which shall operate as an 4
instrumentality of the Member States. 5
H. “Cosmetologist” means an individual licensed in their 6
Home State to practice Cosmetology. 7
I. “Cosmetology”, “Cosmetology Services”, and the “Practice 8
of Cosmetology” mean the care and services provided by a 9
Cosmetologist as set forth in the Member State’s statutes and 10
regulations in the State where the services are being provided. 11
J. “Current Significant Investigative Information” means: 12
1. Investigative Information that a State Licensing 13
Authority, after an inquiry or investigation that complies with a 14
Member State’s due process requirements, has reason to believe is 15
not groundless and, if proved true, would indicate a violation of 16
that State’s laws regarding fraud or the Practice of Cosmetology; 17
or 18
2. Investigative Information that indicates that a Licensee 19
has engaged in fraud or represents an immediate threat to public 20
health and safety, regardless of whether the Licensee has been 21
notified and had an opportunity to respond. 22
K. “Data System” means a repository of information about 23
Licensees, including, but not limited to, license status, 24
Investigative Information, and Adverse Actions. 25
L. “Disqualifying Event” means any event which shall 26
disqualify an individual from holding a Multistate License under 27
this Compact, which the Commission may by Rule or order 28
specify. 29
M. “Encumbered License” means a license in which an 30
Adverse Action restricts the Practice of Cosmetology by a 31
Licensee, or where said Adverse Action has been reported to the 32
Commission. 33
N. “Encumbrance” means a revocation or suspension of, or 34
any limitation on, the full and unrestricted Practice of 35
Cosmetology by a State Licensing Authority. 36
O. “Executive Committee” means a group of delegates 37
elected or appointed to act on behalf of, and within the powers 38
granted to them by, the Commission. 39
P. “Home State” means the Member State which is a 40
Licensee’s primary State of residence, and where that Licensee 41
holds an active and unencumbered license to practice 42
Cosmetology. 43
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Q. “Investigative Information” means information, records, 1
or documents received or generated by a State Licensing Authority 2
pursuant to an investigation or other inquiry. 3
R. “Jurisprudence Requirement” means the assessment of an 4
individual’s knowledge of the laws and rules governing the 5
Practice of Cosmetology in a State. 6
S. “Licensee” means an individual who currently holds a 7
license from a Member State to practice as a Cosmetologist. 8
T. “Member State” means any State that has adopted this 9
Compact. 10
U. “Multistate License” means a license issued by and 11
subject to the enforcement jurisdiction of the State Licensing 12
Authority in a Licensee’s Home State, which authorizes the 13
Practice of Cosmetology in Member States and includes 14
Authorizations to Practice Cosmetology in all Remote States 15
pursuant to this Compact. 16
V. “Remote State” means any Member State, other than the 17
Licensee’s Home State. 18
W. “Rule” means any rule or regulation promulgated by the 19
Commission under this Compact which has the force of law. 20
X. “Single-State License” means a Cosmetology license 21
issued by a Member State that authorizes practice of Cosmetology 22
only within the issuing State and does not include any 23
authorization outside of the issuing State. 24
Y. “State” means a State, territory, or possession of the 25
United States and the District of Columbia. 26
Z. “State Licensing Authority” means a Member State’s 27
regulatory body responsible for issuing Cosmetology licenses or 28
otherwise overseeing the Practice of Cosmetology in that State. 29
30
ARTICLE 3. MEMBER STATE REQUIREMENTS 31
32
A. To be eligible to join this Compact, and to maintain 33
eligibility as a Member State, a State must: 34
1. License and regulate Cosmetology; 35
2. Have a mechanism or entity in place to receive and 36
investigate complaints about Licensees practicing in that State; 37
3. Require that Licensees within the State pass a 38
Cosmetology competency examination prior to being licensed to 39
provide Cosmetology Services to the public in that State; 40
4. Require that Licensees satisfy educational or training 41
requirements in Cosmetology prior to being licensed to provide 42
Cosmetology Services to the public in that State; 43
5. Implement procedures for considering one or more of 44
the following categories of information from applicants for 45
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licensure: criminal history; disciplinary history; or Background 1
Check. Such procedures may include the submission of 2
information by applicants for the purpose of obtaining an 3
applicant’s Background Check as defined herein; 4
6. Participate in the Data System, including through the 5
use of unique identifying numbers; 6
7. Share information related to Adverse Actions with the 7
Commission and other Member States, both through the Data 8
System and otherwise; 9
8. Notify the Commission and other Member States, in 10
compliance with the terms of the Compact and Rules of the 11
Commission, of the existence of Investigative Information or 12
Current Significant Investigative Information in the State’s 13
possession regarding a Licensee practicing in that State; 14
9. Comply with such Rules as may be enacted by the 15
Commission to administer the Compact; and 16
10. Accept Licensees from other Member States as 17
established herein. 18
B. Member States may charge a fee for granting a license to 19
practice Cosmetology. 20
C. Individuals not residing in a Member State shall continue 21
to be able to apply for a Member State’s Single-State License as 22
provided under the laws of each Member State. However, the 23
Single-State License granted to these individuals shall not be 24
recognized as granting a Multistate License to provide services in 25
any other Member State. 26
D. Nothing in this Compact shall affect the requirements 27
established by a Member State for the issuance of a Single-State 28
License. 29
E. A Multistate License issued to a Licensee by a Home State 30
to a resident of that State shall be recognized by each Member 31
State as authorizing a Licensee to practice Cosmetology in each 32
Member State. 33
F. At no point shall the Commission have the power to define 34
the educational or professional requirements for a license to 35
practice Cosmetology. The Member States shall retain sole 36
jurisdiction over the provision of these requirements. 37
38
ARTICLE 4. MULTISTATE LICENSE 39
40
A. To be eligible to apply to their Home State’s State 41
Licensing Authority for an initial Multistate License under this 42
Compact, a Licensee must hold an active and unencumbered 43
Single-State License to practice Cosmetology in their Home State. 44
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B. Upon the receipt of an application for a Multistate 1
License, according to the Rules of the Commission, a Member 2
State’s State Licensing Authority shall ascertain whether the 3
applicant meets the requirements for a Multistate License under 4
this Compact. 5
C. If an applicant meets the requirements for a Multistate 6
License under this Compact and any applicable Rules of the 7
Commission, the State Licensing Authority in receipt of the 8
application shall, within a reasonable time, grant a Multistate 9
License to that applicant, and inform all Member States of the 10
grant of said Multistate License. 11
D. A Multistate License to practice Cosmetology issued by a 12
Member State’s State Licensing Authority shall be recognized by 13
each Member State as authorizing the practice thereof as though 14
that Licensee held a Single-State License to do so in each Member 15
State, subject to the restrictions herein. 16
E. A Multistate License granted pursuant to this Compact 17
may be effective for a definite period of time, concurrent with the 18
licensure renewal period in the Home State. 19
F. To maintain a Multistate License under this Compact, a 20
Licensee must: 21
1. Agree to abide by the rules of the State Licensing 22
Authority, and the State scope of practice laws governing the 23
Practice of Cosmetology, of any Member State in which the 24
Licensee provides services; 25
2. Pay all required fees related to the application and 26
process, and any other fees which the Commission may by Rule 27
require; and 28
3. Comply with any and all other requirements regarding 29
Multistate Licenses which the Commission may by Rule provide. 30
G. A Licensee practicing in a Member State is subject to all 31
scope of practice laws governing Cosmetology Services in that 32
State. 33
H. The Practice of Cosmetology under a Multistate License 34
granted pursuant to this Compact will subject the Licensee to the 35
jurisdiction of the State Licensing Authority, the courts, and the 36
laws of the Member State in which the Cosmetology Services are 37
provided. 38
39
ARTICLE 5. REISSUANCE OF A MULTISTATE 40
LICENSE BY A NEW HOME STATE 41
42
A. A Licensee may hold a Multistate License, issued by their 43
Home State, in only one Member State at any given time. 44
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B. If a Licensee changes their Home State by moving 1
between two Member States: 2
1. The Licensee shall immediately apply for the reissuance 3
of their Multistate License in their new Home State. The Licensee 4
shall pay all applicable fees and notify the prior Home State in 5
accordance with the Rules of the Commission. 6
2. Upon receipt of an application to reissue a Multistate 7
License, the new Home State shall verify that the Multistate 8
License is active, unencumbered and eligible for reissuance under 9
the terms of the Compact and the Rules of the Commission. The 10
Multistate License issued by the prior Home State will be 11
deactivated and all Member States notified in accordance with the 12
applicable Rules adopted by the Commission. 13
3. If required for initial licensure, the new Home State may 14
require a Background Check as specified in the laws of that State, 15
or the compliance with any Jurisprudence Requirements of the 16
new Home State. 17
4. Notwithstanding any other provision of this Compact, if 18
a Licensee does not meet the requirements set forth in this 19
Compact for the reissuance of a Multistate License by the new 20
Home State, then the Licensee shall be subject to the new Home 21
State requirements for the issuance of a Single-State License in 22
that State. 23
C. If a Licensee changes their primary state of residence by 24
moving from a Member State to a non-Member State, or from a 25
non-Member State to a Member State, then the Licensee shall be 26
subject to the State requirements for the issuance of a Single-State 27
License in the new Home State. 28
D. Nothing in this Compact shall interfere with a Licensee’s 29
ability to hold a Single-State License in multiple States; however, 30
for the purposes of this Compact, a Licensee shall have only one 31
Home State, and only one Multistate License. 32
E. Nothing in this Compact shall interfere with the 33
requirements established by a Member State for the issuance of a 34
Single-State License. 35
36
ARTICLE 6. AUTHORITY OF THE COMPACT COMMISSION 37
AND MEMBER STATE LICENSING AUTHORITIES 38
39
A. Nothing in this Compact, nor any Rule or regulation of 40
the Commission, shall be construed to limit, restrict, or in any way 41
reduce the ability of a Member State to enact and enforce laws, 42
regulations, or other rules related to the Practice of Cosmetology 43
in that State, where those laws, regulations, or other rules are not 44
inconsistent with the provisions of this Compact. 45
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B. Insofar as practical, a Member State’s State Licensing 1
Authority shall cooperate with the Commission and with each 2
entity exercising independent regulatory authority over the 3
Practice of Cosmetology according to the provisions of this 4
Compact. 5
C. Discipline shall be the sole responsibility of the State in 6
which Cosmetology Services are provided. Accordingly, each 7
Member State’s State Licensing Authority shall be responsible for 8
receiving complaints about individuals practicing Cosmetology in 9
that State, and for communicating all relevant Investigative 10
Information about any such Adverse Action to the other Member 11
States through the Data System in addition to any other methods 12
the Commission may by Rule require. 13
14
ARTICLE 7. ADVERSE ACTIONS 15
16
A. A Licensee’s Home State shall have exclusive power to 17
impose an Adverse Action against a Licensee’s Multistate License 18
issued by the Home State. 19
B. A Home State may take Adverse Action on a Multistate 20
License based on the Investigative Information, Current 21
Significant Investigative Information, or Adverse Action of a 22
Remote State. 23
C. In addition to the powers conferred by State law, each 24
Remote State’s State Licensing Authority shall have the power to: 25
1. Take Adverse Action against a Licensee’s Authorization 26
to Practice Cosmetology through the Multistate License in that 27
Member State, provided that: 28
a. Only the Licensee’s Home State shall have the power 29
to take Adverse Action against the Multistate License issued by the 30
Home State; and 31
b. For the purposes of taking Adverse Action, the Home 32
State’s State Licensing Authority shall give the same priority and 33
effect to reported conduct received from a Remote State as it 34
would if such conduct had occurred within the Home State. In so 35
doing, the Home State shall apply its own State laws to determine 36
the appropriate action. 37
2. Issue cease and desist orders or impose an Encumbrance 38
on a Licensee’s Authorization to Practice within that Member 39
State. 40
3. Complete any pending investigations of a Licensee who 41
changes their primary state of residence during the course of such 42
an investigation. The State Licensing Authority shall also be 43
empowered to report the results of such an investigation to the 44
Commission through the Data System as described herein. 45
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4. Issue subpoenas for both hearings and investigations 1
that require the attendance and testimony of witnesses, as well as 2
the production of evidence. Subpoenas issued by a State Licensing 3
Authority in a Member State for the attendance and testimony of 4
witnesses or the production of evidence from another Member 5
State shall be enforced in the latter State by any court of 6
competent jurisdiction, according to the practice and procedure of 7
that court applicable to subpoenas issued in proceedings before it. 8
The issuing State Licensing Authority shall pay any witness fees, 9
travel expenses, mileage, and other fees required by the service 10
statutes of the State in which the witnesses or evidence are located. 11
5. If otherwise permitted by State law, recover from the 12
affected Licensee the costs of investigations and disposition of 13
cases resulting from any Adverse Action taken against that 14
Licensee. 15
6. Take Adverse Action against the Licensee’s 16
Authorization to Practice in that State based on the factual 17
findings of another Remote State. 18
D. A Licensee’s Home State shall complete any pending 19
investigation(s) of a Cosmetologist who changes their primary 20
state of residence during the course of the investigation(s). The 21
Home State shall also have the authority to take appropriate 22
action(s) and shall promptly report the conclusions of the 23
investigations to the Data System. 24
E. If an Adverse Action is taken by the Home State against a 25
Licensee’s Multistate License, the Licensee’s Authorization to 26
Practice in all other Member States shall be deactivated until all 27
Encumbrances have been removed from the Home State license. 28
All Home State disciplinary orders that impose an Adverse Action 29
against a Licensee’s Multistate License shall include a statement 30
that the Cosmetologist’s Authorization to Practice is deactivated in 31
all Member States during the pendency of the order. 32
F. Nothing in this Compact shall override a Member State’s 33
authority to accept a Licensee’s participation in an Alternative 34
Program in lieu of Adverse Action. A Licensee’s Multistate 35
License shall be suspended for the duration of the Licensee’s 36
participation in any Alternative Program. 37
G. Joint Investigations 38
1. In addition to the authority granted to a Member State by 39
its respective scope of practice laws or other applicable State law, a 40
Member State may participate with other Member States in joint 41
investigations of Licensees. 42
2. Member States shall share any investigative, litigation, or 43
compliance materials in furtherance of any joint or individual 44
investigation initiated under the Compact. 45
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ARTICLE 8. ACTIVE MILITARY MEMBERS 1
AND THEIR SPOUSES 2
3
Active Military Members, or their spouses, shall designate a 4
Home State where the individual has a current license to practice 5
Cosmetology in good standing. The individual may retain their 6
Home State designation during any period of service when that 7
individual or their spouse is on active duty assignment. 8
9
ARTICLE 9. ESTABLISHMENT AND OPERATION OF THE 10
COSMETOLOGY LICENSURE C OMPACT COMMISSION 11
12
A. The Compact Member States hereby create and establish a 13
joint government agency whose membership consists of all 14
Member States that have enacted the Compact known as the 15
Cosmetology Licensure Compact Commission. The Commission is 16
an instrumentality of the Compact Member States acting jointly 17
and not an instrumentality of any one State. The Commission 18
shall come into existence on or after the effective date of the 19
Compact as set forth in Article 13. 20
B. Membership, Voting, and Meetings 21
1. Each Member State shall have and be limited to one (1) 22
delegate selected by that Member State’s State Licensing 23
Authority. 24
2. The delegate shall be an administrator of the State 25
Licensing Authority of the Member State or their designee. 26
3. The Commission shall by Rule or bylaw establish a term 27
of office for delegates and may by Rule or bylaw establish term 28
limits. 29
4. The Commission may recommend removal or suspension 30
of any delegate from office. 31
5. A Member State’s State Licensing Authority shall fill any 32
vacancy of its delegate occurring on the Commission within 60 33
days of the vacancy. 34
6. Each delegate shall be entitled to one vote on all matters 35
that are voted on by the Commission. 36
7. The Commission shall meet at least once during each 37
calendar year. Additional meetings may be held as set forth in the 38
bylaws. The Commission may meet by telecommunication, video 39
conference or other similar electronic means. 40
C. The Commission shall have the following powers: 41
1. Establish the fiscal year of the Commission; 42
2. Establish code of conduct and conflict of interest 43
policies; 44
3. Adopt Rules and bylaws; 45
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4. Maintain its financial records in accordance with the 1
bylaws; 2
5. Meet and take such actions as are consistent with the 3
provisions of this Compact, the Commission’s Rules, and the 4
bylaws; 5
6. Initiate and conclude legal proceedings or actions in the 6
name of the Commission, provided that the standing of any State 7
Licensing Authority to sue or be sued under applicable law shall 8
not be affected; 9
7. Maintain and certify records and information provided to 10
a Member State as the authenticated business records of the 11
Commission, and designate an agent to do so on the Commission’s 12
behalf; 13
8. Purchase and maintain insurance and bonds; 14
9. Borrow, accept, or contract for services of personnel, 15
including, but not limited to, employees of a Member State; 16
10. Conduct an annual financial review; 17
11. Hire employees, elect or appoint officers, fix 18
compensation, define duties, grant such individuals appropriate 19
authority to carry out the purposes of the Compact, and establish 20
the Commission’s personnel policies and programs relating to 21
conflicts of interest, qualifications of personnel, and other related 22
personnel matters; 23
12. As set forth in the Commission Rules, charge a fee to a 24
Licensee for the grant of a Multistate License and thereafter, as 25
may be established by Commission Rule, charge the Licensee a 26
Multistate License renewal fee for each renewal period. Nothing 27
herein shall be construed to prevent a Home State from charging 28
a Licensee a fee for a Multistate License or renewals of a 29
Multistate License, or a fee for the jurisprudence requirement if 30
the Member State imposes such a requirement for the grant of a 31
Multistate License; 32
13. Assess and collect fees; 33
14. Accept any and all appropriate gifts, donations, grants 34
of money, other sources of revenue, equipment, supplies, 35
materials, and services, and receive, utilize, and dispose of the 36
same; provided that at all times the Commission shall avoid any 37
appearance of impropriety or conflict of interest; 38
15. Lease, purchase, retain, own, hold, improve, or use any 39
property, real, personal, or mixed, or any undivided interest 40
therein; 41
16. Sell, convey, mortgage, pledge, lease, exchange, 42
abandon, or otherwise dispose of any property real, personal, or 43
mixed; 44
17. Establish a budget and make expenditures; 45
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18. Borrow money; 1
19. Appoint committees, including standing committees, 2
composed of members, State regulators, State legislators or their 3
representatives, and consumer representatives, and such other 4
interested persons as may be designated in this Compact and the 5
bylaws; 6
20. Provide and receive information from, and cooperate 7
with, law enforcement agencies; 8
21. Elect a Chair, Vice Chair, Secretary and Treasurer and 9
such other officers of the Commission as provided in the 10
Commission’s bylaws; 11
22. Establish and elect an Executive Committee, including 12
a chair and a vice chair; 13
23. Adopt and provide to the Member States an annual 14
report; 15
24. Determine whether a State’s adopted language is 16
materially different from the model Compact language such that 17
the State would not qualify for participation in the Compact; and 18
25. Perform such other functions as may be necessary or 19
appropriate to achieve the purposes of this Compact. 20
D. The Executive Committee 21
1. The Executive Committee shall have the power to act on 22
behalf of the Commission according to the terms of this Compact. 23
The powers, duties, and responsibilities of the Executive 24
Committee shall include: 25
a. Overseeing the day-to-day activities of the 26
administration of the Compact including compliance with the 27
provisions of the Compact, the Commission’s Rules and bylaws, 28
and other such duties as deemed necessary; 29
b. Recommending to the Commission changes to the 30
Rules or bylaws, changes to this Compact legislation, fees charged 31
to Compact Member States, fees charged to Licensees, and other 32
fees; 33
c. Ensuring Compact administration services are 34
appropriately provided, including by contract; 35
d. Preparing and recommending the budget; 36
e. Maintaining financial records on behalf of the 37
Commission; 38
f. Monitoring Compact compliance of Member States 39
and providing compliance reports to the Commission; 40
g. Establishing additional committees as necessary; 41
h. Exercising the powers and duties of the Commission 42
during the interim between Commission meetings, except for 43
adopting or amending Rules, adopting or amending bylaws, and 44
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exercising any other powers and duties expressly reserved to the 1
Commission by Rule or bylaw; and 2
i. Other duties as provided in the Rules or bylaws of the 3
Commission. 4
2. The Executive Committee shall be composed of up to 5
seven voting members: 6
a. The chair and vice chair of the Commission and any 7
other members of the Commission who serve on the Executive 8
Committee shall be voting members of the Executive Committee; 9
b. Other than the chair, vice-chair, secretary and 10
treasurer, the Commission shall elect three voting members from 11
the current membership of the Commission; and 12
c. The Commission may elect ex-officio, nonvoting 13
members from a recognized national Cosmetology professional 14
association as approved by the Commission. The Commission’s 15
bylaws shall identify qualifying organizations and the manner of 16
appointment if the number of organizations seeking to appoint an 17
ex officio member exceeds the number of members specified in 18
this Article. 19
3. The Commission may remove any member of the 20
Executive Committee as provided in the Commission’s bylaws. 21
4. The Executive Committee shall meet at least annually. 22
a. Annual Executive Committee meetings, as well as any 23
Executive Committee meeting at which it does not take or intend 24
to take formal action on a matter for which a Commission vote 25
would otherwise be required, shall be open to the public, except 26
that the Executive Committee may meet in a closed, non-public 27
session of a public meeting when dealing with any of the matters 28
covered under Article 9.F.4. 29
b. The Executive Committee shall give five business 30
days advance notice of its public meetings, posted on its website 31
and as determined to provide notice to persons with an interest in 32
the public matters the Executive Committee intends to address at 33
those meetings. 34
5. The Executive Committee may hold an emergency 35
meeting when acting for the Commission to: 36
a. Meet an imminent threat to public health, safety, or 37
welfare; 38
b. Prevent a loss of Commission or Member State funds; 39
or 40
c. Protect public health and safety. 41
E. The Commission shall adopt and provide to the Member 42
States an annual report. 43
F. Meetings of the Commission 44
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1. All meetings of the Commission that are not closed 1
pursuant to Article 9.F.4 shall be open to the public. Notice of 2
public meetings shall be posted on the Commission’s website at 3
least thirty (30) days prior to the public meeting. 4
2. Notwithstanding Article 9.F.1, the Commission may 5
convene an emergency public meeting by providing at least 6
twenty-four (24) hours prior notice on the Commission’s website, 7
and any other means as provided in the Commission’s Rules, for 8
any of the reasons it may dispense with notice of proposed 9
rulemaking under Article 11.L. The Commission’s legal counsel 10
shall certify that one of the reasons justifying an emergency public 11
meeting has been met. 12
3. Notice of all Commission meetings shall provide the 13
time, date, and location of the meeting, and if the meeting is to be 14
held or accessible via telecommunication, video conference, or 15
other electronic means, the notice shall include the mechanism for 16
access to the meeting. 17
4. The Commission may convene in a closed, non-public 18
meeting for the Commission to discuss: 19
a. Non-compliance of a Member State with its 20
obligations under the Compact; 21
b. The employment, compensation, discipline or other 22
matters, practices or procedures related to specific employees or 23
other matters related to the Commission’s internal personnel 24
practices and procedures; 25
c. Current or threatened discipline of a Licensee by the 26
Commission or by a Member State’s Licensing Authority; 27
d. Current, threatened, or reasonably anticipated 28
litigation; 29
e. Negotiation of contracts for the purchase, lease, or 30
sale of goods, services, or real estate; 31
f. Accusing any person of a crime or formally censuring 32
any person; 33
g. Trade secrets or commercial or financial information 34
that is privileged or confidential; 35
h. Information of a personal nature where disclosure 36
would constitute a clearly unwarranted invasion of personal 37
privacy; 38
i. Investigative records compiled for law enforcement 39
purposes; 40
j. Information related to any investigative reports 41
prepared by or on behalf of or for use of the Commission or other 42
committee charged with responsibility of investigation or 43
determination of compliance issues pursuant to the Compact; 44
k. Legal advice; 45
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l. Matters specifically exempted from disclosure to the 1
public by federal or Member State law; or 2
m. Other matters as promulgated by the Commission by 3
Rule. 4
5. If a meeting, or portion of a meeting, is closed, the 5
presiding officer shall state that the meeting will be closed and 6
reference each relevant exempting provision, and such reference 7
shall be recorded in the minutes. 8
6. The Commission shall keep minutes that fully and 9
clearly describe all matters discussed in a meeting and shall 10
provide a full and accurate summary of actions taken, and the 11
reasons therefore, including a description of the views expressed. 12
All documents considered in connection with an action shall be 13
identified in such minutes. All minutes and documents of a closed 14
meeting shall remain under seal, subject to release only by a 15
majority vote of the Commission or order of a court of competent 16
jurisdiction. 17
G. Financing of the Commission 18
1. The Commission shall pay, or provide for the payment 19
of, the reasonable expenses of its establishment, organization, and 20
ongoing activities. 21
2. The Commission may accept any and all appropriate 22
sources of revenue, donations, and grants of money, equipment, 23
supplies, materials, and services. 24
3. The Commission may levy on and collect an annual 25
assessment from each Member State and impose fees on Licensees 26
of Member States to whom it grants a Multistate License to cover 27
the cost of the operations and activities of the Commission and its 28
staff, which must be in a total amount sufficient to cover its 29
annual budget as approved each year for which revenue is not 30
provided by other sources. The aggregate annual assessment 31
amount for Member States shall be allocated based upon a 32
formula that the Commission shall promulgate by Rule. 33
4. The Commission shall not incur obligations of any kind 34
prior to securing the funds adequate to meet the same; nor shall 35
the Commission pledge the credit of any Member States, except by 36
and with the authority of the Member State. 37
5. The Commission shall keep accurate accounts of all 38
receipts and disbursements. The receipts and disbursements of the 39
Commission shall be subject to the financial review and 40
accounting procedures established under its bylaws. All receipts 41
and disbursements of funds handled by the Commission shall be 42
subject to an annual financial review by a certified or licensed 43
public accountant, and the report of the financial review shall be 44
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included in and become part of the annual report of the 1
Commission. 2
H. Qualified Immunity, Defense, and Indemnification 3
1. The members, officers, executive director, employees and 4
representatives of the Commission shall be immune from suit and 5
liability, both personally and in their official capacity, for any 6
claim for damage to or loss of property or personal injury or other 7
civil liability caused by or arising out of any actual or alleged act, 8
error, or omission that occurred, or that the person against whom 9
the claim is made had a reasonable basis for believing occurred 10
within the scope of Commission employment, duties or 11
responsibilities; provided that nothing in this paragraph shall be 12
construed to protect any such person from suit or liability for any 13
damage, loss, injury, or liability caused by the intentional or 14
willful or wanton misconduct of that person. The procurement of 15
insurance of any type by the Commission shall not in any way 16
compromise or limit the immunity granted hereunder. 17
2. The Commission shall defend any member, officer, 18
executive director, employee, and representative of the 19
Commission in any civil action seeking to impose liability arising 20
out of any actual or alleged act, error, or omission that occurred 21
within the scope of Commission employment, duties, or 22
responsibilities, or as determined by the Commission that the 23
person against whom the claim is made had a reasonable basis for 24
believing occurred within the scope of Commission employment, 25
duties, or responsibilities; provided that nothing herein shall be 26
construed to prohibit that person from retaining their own counsel 27
at their own expense; and provided further, that the actual or 28
alleged act, error, or omission did not result from that person’s 29
intentional or willful or wanton misconduct. 30
3. The Commission shall indemnify and hold harmless any 31
member, officer, executive director, employee, and representative 32
of the Commission for the amount of any settlement or judgment 33
obtained against that person arising out of any actual or alleged 34
act, error, or omission that occurred within the scope of 35
Commission employment, duties, or responsibilities, or that such 36
person had a reasonable basis for believing occurred within the 37
scope of Commission employment, duties, or responsibilities, 38
provided that the actual or alleged act, error, or omission did not 39
result from the intentional or willful or wanton misconduct of that 40
person. 41
4. Nothing herein shall be construed as a limitation on the 42
liability of any Licensee for professional malpractice or 43
misconduct, which shall be governed solely by any other 44
applicable State laws. 45
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5. Nothing in this Compact shall be interpreted to waive or 1
otherwise abrogate a Member State’s State action immunity or 2
State action affirmative defense with respect to antitrust claims 3
under the Sherman Act, Clayton Act, or any other State or federal 4
antitrust or anticompetitive law or regulation. 5
6. Nothing in this Compact shall be construed to be a 6
waiver of sovereign immunity by the Member States or by the 7
Commission. 8
9
ARTICLE 10. DATA SYSTEM 10
11
A. The Commission shall provide for the development, 12
maintenance, operation, and utilization of a coordinated database 13
and reporting system. 14
B. The Commission shall assign each applicant for a 15
Multistate License a unique identifier, as determined by the Rules 16
of the Commission. 17
C. Notwithstanding any other provision of State law to the 18
contrary, a Member State shall submit a uniform data set to the 19
Data System on all individuals to whom this Compact is applicable 20
as required by the Rules of the Commission, including: 21
1. Identifying information; 22
2. Licensure data; 23
3. Adverse Actions against a license and information 24
related thereto; 25
4. Non-confidential information related to Alternative 26
Program participation, the beginning and ending dates of such 27
participation, and other information related to such participation; 28
5. Any denial of application for licensure, and the reason(s) 29
for such denial (excluding the reporting of any criminal history 30
record information where prohibited by law); 31
6. The existence of Investigative Information; 32
7. The existence of Current Significant Investigative 33
Information; and 34
8. Other information that may facilitate the administration 35
of this Compact or the protection of the public, as determined by 36
the Rules of the Commission. 37
D. The records and information provided to a Member State 38
pursuant to this Compact or through the Data System, when 39
certified by the Commission or an agent thereof, shall constitute 40
the authenticated business records of the Commission, and shall 41
be entitled to any associated hearsay exception in any relevant 42
judicial, quasi-judicial or administrative proceedings in a Member 43
State. 44
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E. The existence of Current Significant Investigative 1
Information and the existence of Investigative Information 2
pertaining to a Licensee in any Member State will only be 3
available to other Member States. 4
F. It is the responsibility of the Member States to monitor the 5
database to determine whether Adverse Action has been taken 6
against such a Licensee or License applicant. Adverse Action 7
information pertaining to a Licensee or License applicant in any 8
Member State will be available to any other Member State. 9
G. Member States contributing information to the Data 10
System may designate information that may not be shared with the 11
public without the express permission of the contributing State. 12
H. Any information submitted to the Data System that is 13
subsequently expunged pursuant to federal law or the laws of the 14
Member State contributing the information shall be removed from 15
the Data System. 16
17
ARTICLE 11. RULEMAKING 18
19
A. The Commission shall promulgate reasonable Rules in 20
order to effectively and efficiently implement and administer the 21
purposes and provisions of the Compact. A Rule shall be invalid 22
and have no force or effect only if a court of competent 23
jurisdiction holds that the Rule is invalid because the Commission 24
exercised its rulemaking authority in a manner that is beyond the 25
scope and purposes of the Compact, or the powers granted 26
hereunder, or based upon another applicable standard of review. 27
B. The Rules of the Commission shall have the force of law 28
in each Member State, provided however that where the Rules of 29
the Commission conflict with the laws of the Member State that 30
establish the Member State’s scope of practice laws governing the 31
Practice of Cosmetology as held by a court of competent 32
jurisdiction, the Rules of the Commission shall be ineffective in 33
that State to the extent of the conflict. 34
C. The Commission shall exercise its rulemaking powers 35
pursuant to the criteria set forth in this Article and the Rules 36
adopted thereunder. Rules shall become binding as of the date 37
specified by the Commission for each Rule. 38
D. If a majority of the legislatures of the Member States 39
rejects a Rule or portion of a Rule, by enactment of a statute or 40
resolution in the same manner used to adopt the Compact within 41
four (4) years of the date of adoption of the Rule, then such Rule 42
shall have no further force and effect in any Member State or to 43
any State applying to participate in the Compact. 44
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E. Rules shall be adopted at a regular or special meeting of 1
the Commission. 2
F. Prior to adoption of a proposed Rule, the Commission 3
shall hold a public hearing and allow persons to provide oral and 4
written comments, data, facts, opinions, and arguments. 5
G. Prior to adoption of a proposed Rule by the Commission, 6
and at least thirty (30) days in advance of the meeting at which the 7
Commission will hold a public hearing on the proposed Rule, the 8
Commission shall provide a notice of proposed rulemaking: 9
1. On the website of the Commission or other publicly 10
accessible platform; 11
2. To persons who have requested notice of the 12
Commission’s notices of proposed rulemaking; and 13
3. In such other way(s) as the Commission may by Rule 14
specify. 15
H. The notice of proposed rulemaking shall include: 16
1. The time, date, and location of the public hearing at 17
which the Commission will hear public comments on the proposed 18
Rule and, if different, the time, date, and location of the meeting 19
where the Commission will consider and vote on the proposed 20
Rule; 21
2. If the hearing is held via telecommunication, video 22
conference, or other electronic means, the Commission shall 23
include the mechanism for access to the hearing in the notice of 24
proposed rulemaking; 25
3. The text of the proposed Rule and the reason therefor; 26
4. A request for comments on the proposed Rule from any 27
interested person; and 28
5. The manner in which interested persons may submit 29
written comments. 30
I. All hearings will be recorded. A copy of the recording and 31
all written comments and documents received by the Commission 32
in response to the proposed Rule shall be available to the public. 33
J. Nothing in this Article shall be construed as requiring a 34
separate hearing on each Rule. Rules may be grouped for the 35
convenience of the Commission at hearings required by this 36
Article. 37
K. The Commission shall, by majority vote of all members, 38
take final action on the proposed Rule based on the rulemaking 39
record and the full text of the Rule. 40
1. The Commission may adopt changes to the proposed 41
Rule provided the changes do not enlarge the original purpose of 42
the proposed Rule. 43
2. The Commission shall provide an explanation of the 44
reasons for substantive changes made to the proposed Rule as well 45
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as reasons for substantive changes not made that were 1
recommended by commenters. 2
3. The Commission shall determine a reasonable effective 3
date for the Rule. Except for an emergency as provided in Article 4
11.L, the effective date of the Rule shall be no sooner than forty-5
five (45) days after the Commission issuing the notice that it 6
adopted or amended the Rule. 7
L. Upon determination that an emergency exists, the 8
Commission may consider and adopt an emergency Rule with five 9
(5) days’ notice, with opportunity to comment, provided that the 10
usual rulemaking procedures provided in the Compact and in this 11
Article shall be retroactively applied to the Rule as soon as 12
reasonably possible, in no event later than ninety (90) days after 13
the effective date of the Rule. For the purposes of this provision, 14
an emergency Rule is one that must be adopted immediately to: 15
1. Meet an imminent threat to public health, safety, or 16
welfare; 17
2. Prevent a loss of Commission or Member State funds; 18
3. Meet a deadline for the promulgation of a Rule that is 19
established by federal law or rule; or 20
4. Protect public health and safety. 21
M. The Commission or an authorized committee of the 22
Commission may direct revisions to a previously adopted Rule for 23
purposes of correcting typographical errors, errors in format, 24
errors in consistency, or grammatical errors. Public notice of any 25
revisions shall be posted on the website of the Commission. The 26
revision shall be subject to challenge by any person for a period of 27
thirty (30) days after posting. The revision may be challenged only 28
on grounds that the revision results in a material change to a 29
Rule. A challenge shall be made in writing and delivered to the 30
Commission prior to the end of the notice period. If no challenge 31
is made, the revision will take effect without further action. If the 32
revision is challenged, the revision may not take effect without the 33
approval of the Commission. 34
N. No Member State’s rulemaking requirements shall apply 35
under this Compact. 36
37
ARTICLE 12. OVERSIGHT, DISPUTE RESOLUTION, 38
AND ENFORCEMENT 39
40
A. Oversight 41
1. The executive and judicial branches of State government 42
in each Member State shall enforce this Compact and take all 43
actions necessary and appropriate to implement the Compact. 44
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2. Venue is proper and judicial proceedings by or against 1
the Commission shall be brought solely and exclusively in a court 2
of competent jurisdiction where the principal office of the 3
Commission is located. The Commission may waive venue and 4
jurisdictional defenses to the extent it adopts or consents to 5
participate in alternative dispute resolution proceedings. Nothing 6
herein shall affect or limit the selection or propriety of venue in 7
any action against a Licensee for professional malpractice, 8
misconduct or any such similar matter. 9
3. The Commission shall be entitled to receive service of 10
process in any proceeding regarding the enforcement or 11
interpretation of the Compact and shall have standing to intervene 12
in such a proceeding for all purposes. Failure to provide the 13
Commission service of process shall render a judgment or order 14
void as to the Commission, this Compact, or promulgated Rules. 15
B. Default, Technical Assistance, and Termination 16
1. If the Commission determines that a Member State has 17
defaulted in the performance of its obligations or responsibilities 18
under this Compact or the promulgated Rules, the Commission 19
shall provide written notice to the defaulting State. The notice of 20
default shall describe the default, the proposed means of curing 21
the default, and any other action that the Commission may take, 22
and shall offer training and specific technical assistance 23
regarding the default. 24
2. The Commission shall provide a copy of the notice of 25
default to the other Member States. 26
3. If a State in default fails to cure the default, the 27
defaulting State may be terminated from the Compact upon an 28
affirmative vote of a majority of the delegates of the Member 29
States, and all rights, privileges and benefits conferred on that 30
State by this Compact may be terminated on the effective date of 31
termination. A cure of the default does not relieve the offending 32
State of obligations or liabilities incurred during the period of 33
default. 34
4. Termination of membership in the Compact shall be 35
imposed only after all other means of securing compliance have 36
been exhausted. Notice of intent to suspend or terminate shall be 37
given by the Commission to the governor, the majority and 38
minority leaders of the defaulting State’s legislature, the 39
defaulting State’s State Licensing Authority and each of the 40
Member States’ State Licensing Authority. 41
5. A State that has been terminated is responsible for all 42
assessments, obligations, and liabilities incurred through the 43
effective date of termination, including obligations that extend 44
beyond the effective date of termination. 45
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6. Upon the termination of a State’s membership from this 1
Compact, that State shall immediately provide notice to all 2
Licensees who hold a Multistate License within that State of such 3
termination. The terminated State shall continue to recognize all 4
licenses granted pursuant to this Compact for a minimum of one 5
hundred eighty (180) days after the date of said notice of 6
termination. 7
7. The Commission shall not bear any costs related to a 8
State that is found to be in default or that has been terminated 9
from the Compact, unless agreed upon in writing between the 10
Commission and the defaulting State. 11
8. The defaulting State may appeal the action of the 12
Commission by petitioning the United States District Court for the 13
District of Columbia or the federal district where the Commission 14
has its principal offices. The prevailing party shall be awarded all 15
costs of such litigation, including reasonable attorney’s fees. 16
C. Dispute Resolution 17
1. Upon request by a Member State, the Commission shall 18
attempt to resolve disputes related to the Compact that arise 19
among Member States and between Member and non-Member 20
States. 21
2. The Commission shall promulgate a Rule providing for 22
both mediation and binding dispute resolution for disputes as 23
appropriate. 24
D. Enforcement 25
1. The Commission, in the reasonable exercise of its 26
discretion, shall enforce the provisions of this Compact and the 27
Commission’s Rules. 28
2. By majority vote as provided by Commission Rule, the 29
Commission may initiate legal action against a Member State in 30
default in the United States District Court for the District of 31
Columbia or the federal district where the Commission has its 32
principal offices to enforce compliance with the provisions of the 33
Compact and its promulgated Rules. The relief sought may 34
include both injunctive relief and damages. In the event judicial 35
enforcement is necessary, the prevailing party shall be awarded all 36
costs of such litigation, including reasonable attorney’s fees. The 37
remedies herein shall not be the exclusive remedies of the 38
Commission. The Commission may pursue any other remedies 39
available under federal or the defaulting Member State’s law. 40
3. A Member State may initiate legal action against the 41
Commission in the United States District Court for the District of 42
Columbia or the federal district where the Commission has its 43
principal offices to enforce compliance with the provisions of the 44
Compact and its promulgated Rules. The relief sought may 45
– 24 –
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include both injunctive relief and damages. In the event judicial 1
enforcement is necessary, the prevailing party shall be awarded all 2
costs of such litigation, including reasonable attorney’s fees. 3
4. No individual or entity other than a Member State may 4
enforce this Compact against the Commission. 5
6
ARTICLE 13. EFFECTIVE DATE, WITHDRAWAL, 7
AND AMENDMENT 8
9
A. The Compact shall come into effect on the date on which 10
the Compact statute is enacted into law in the seventh Member 11
State. 12
1. On or after the effective date of the Compact, the 13
Commission shall convene and review the enactment of each of 14
the Charter Member States to determine if the statute enacted by 15
each such Charter Member State is materially different than the 16
model Compact statute. 17
a. A Charter Member State whose enactment is found to 18
be materially different from the model Compact statute shall be 19
entitled to the default process set forth in Article 12. 20
b. If any Member State is later found to be in default, or 21
is terminated or withdraws from the Compact, the Commission 22
shall remain in existence and the Compact shall remain in effect 23
even if the number of Member States should be less than 24
seven (7). 25
2. Member States enacting the Compact subsequent to the 26
Charter Member States shall be subject to the process set forth in 27
Article 9.C.24 to determine if their enactments are materially 28
different from the model Compact statute and whether they qualify 29
for participation in the Compact. 30
3. All actions taken for the benefit of the Commission or in 31
furtherance of the purposes of the administration of the Compact 32
prior to the effective date of the Compact or the Commission 33
coming into existence shall be considered to be actions of the 34
Commission unless specifically repudiated by the Commission. 35
4. Any State that joins the Compact shall be subject to the 36
Commission’s Rules and bylaws as they exist on the date on which 37
the Compact becomes law in that State. Any Rule that has been 38
previously adopted by the Commission shall have the full force 39
and effect of law on the day the Compact becomes law in that 40
State. 41
B. Any Member State may withdraw from this Compact by 42
enacting a statute repealing that State’s enactment of the 43
Compact. 44
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1. A Member State’s withdrawal shall not take effect until 1
one hundred eighty (180) days after enactment of the repealing 2
statute. 3
2. Withdrawal shall not affect the continuing requirement 4
of the withdrawing State’s State Licensing Authority to comply 5
with the investigative and Adverse Action reporting requirements 6
of this Compact prior to the effective date of withdrawal. 7
3. Upon the enactment of a statute withdrawing from this 8
Compact, a State shall immediately provide notice of such 9
withdrawal to all Licensees within that State. Notwithstanding any 10
subsequent statutory enactment to the contrary, such withdrawing 11
State shall continue to recognize all licenses granted pursuant to 12
this Compact for a minimum of one hundred eighty (180) days 13
after the date of such notice of withdrawal. 14
C. Nothing contained in this Compact shall be construed to 15
invalidate or prevent any licensure agreement or other cooperative 16
arrangement between a Member State and a non-Member State 17
that does not conflict with the provisions of this Compact. 18
D. This Compact may be amended by the Member States. No 19
amendment to this Compact shall become effective and binding 20
upon any Member State until it is enacted into the laws of all 21
Member States. 22
23
ARTICLE 14. CONSTRUCTION AND SEVERABILITY 24
25
A. This Compact and the Commission’s rulemaking authority 26
shall be liberally construed so as to effectuate the purposes, and 27
the implementation and administration of the Compact. Provisions 28
of the Compact expressly authorizing or requiring the 29
promulgation of Rules shall not be construed to limit the 30
Commission’s rulemaking authority solely for those purposes. 31
B. The provisions of this Compact shall be severable and if 32
any phrase, clause, sentence or provision of this Compact is held 33
by a court of competent jurisdiction to be contrary to the 34
constitution of any Member State, a State seeking participation in 35
the Compact, or of the United States, or the applicability thereof to 36
any government, agency, person or circumstance is held to be 37
unconstitutional by a court of competent jurisdiction, the validity 38
of the remainder of this Compact and the applicability thereof to 39
any other government, agency, person or circumstance shall not 40
be affected thereby. 41
C. Notwithstanding Article 14.B, the Commission may deny a 42
State’s participation in the Compact or, in accordance with the 43
requirements of Article 12, terminate a Member State’s 44
participation in the Compact, if it determines that a constitutional 45
– 26 –
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requirement of a Member State is a material departure from the 1
Compact. Otherwise, if this Compact shall be held to be contrary 2
to the constitution of any Member State, the Compact shall remain 3
in full force and effect as to the remaining Member States and in 4
full force and effect as to the Member State affected as to all 5
severable matters. 6
7
ARTICLE 15. CONSISTENT EFFECT AND 8
CONFLICT WITH OTHER STATE LAWS 9
10
A. Nothing herein shall prevent or inhibit the enforcement of 11
any other law of a Member State that is not inconsistent with the 12
Compact. 13
B. Any laws, statutes, regulations, or other legal requirements 14
in a Member State in conflict with the Compact are superseded to 15
the extent of the conflict. 16
C. All permissible agreements between the Commission and 17
the Member States are binding in accordance with their terms. 18
Sec. 2. NRS 644A.870 is hereby amended to read as follows: 19
644A.870 1. Except as otherwise provided in this section and 20
NRS 239.0115, and section 1 of this act, a complaint filed with the 21
Board, all documents and other information filed with the complaint 22
and all documents and other information compiled as a result of an 23
investigation conducted to determine whether to initiate disciplinary 24
action against a person are confidential. 25
2. The charging document filed with the Board to initiate 26
disciplinary action pursuant to chapter 622A of NRS and all 27
documents and information considered by the Board when 28
determining whether to impose discipline are public records. 29
3. The Board shall, to the extent feasible, communicate or 30
cooperate with or provide any documents or other information to 31
any other licensing board or any other agency that is investigating a 32
person, including, without limitation, a law enforcement agency. 33
Sec. 3. The preliminary chapter of NRS is hereby amended by 34
adding thereto a new section to read as follows: 35
Except as otherwise expressly provided in a particular statute 36
or required by the context, authorization to practice as a 37
cosmetologist in this State under a multistate license issued under 38
the Cosmetology Licensure Compact ratified and entered into in 39
section 1 of this act shall be deemed to be equivalent to the 40
corresponding license. 41
Sec. 4. NRS 239.010 is hereby amended to read as follows: 42
239.010 1. Except as otherwise provided in this section and 43
NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 44
49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 45
– 27 –
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62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 1
80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 2
87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 3
88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 4
116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 5
119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 6
120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 7
127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 8
130.712, 136.050, 159.044, 159A.044, 164.041, 172.075, 172.245, 9
176.01334, 176.01385, 176.015, 176.0625, 176.09129, 176.156, 10
176A.630, 178.39801, 178.4715, 178.5691, 178.5717, 179.495, 11
179A.070, 179A.165, 179D.160, 180.600, 200.3771, 200.3772, 12
200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 13
209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 14
213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 15
218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 218G.615, 16
224.240, 226.462, 226.796, 228.270, 228.450, 228.495, 228.570, 17
231.069, 231.1285, 231.1473, 232.1369, 233.190, 237.300, 18
239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 19
239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 20
239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 21
244.335, 247.540, 247.545, 247.550, 247.560, 250.087, 250.130, 22
250.140, 250.145, 250.150, 268.095, 268.0978, 268.490, 268.910, 23
269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 24
281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 25
286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 26
293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 27
293.906, 293.908, 293.909, 293.910, 293B.135, 293D.510, 331.110, 28
332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 29
338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 30
353A.049, 353A.085, 353A.100, 353C.240, 353D.250, 360.240, 31
360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 32
366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 33
379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 34
387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 35
388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 36
391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 37
392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 38
394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 39
396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 40
398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 41
414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 42
425.400, 427A.1236, 427A.872, 427A.940, 432.028, 432.205, 43
432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 44
432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 45
– 28 –
- *AB371*
439.4941, 439.4988, 439.5282, 439.840, 439.914, 439A.116, 1
439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 2
441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 3
442.774, 445A.665, 445B.570, 445B.7773, 449.209, 449.245, 4
449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 5
453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 6
459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 7
463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 8
481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 9
483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 10
484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 11
571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 12
598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 13
604D.500, 604D.600, 612.265, 616B.012, 616B.015, 616B.315, 14
616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 15
624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 16
628B.760, 629.043, 629.047, 629.069, 630.133, 630.2671, 17
630.2672, 630.2673, 630.2687, 630.30665, 630.336, 630A.327, 18
630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 19
632.3423, 632.405, 633.283, 633.301, 633.427, 633.4715, 633.4716, 20
633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 21
634A.185, 634B.730, 635.111, 635.158, 636.262, 636.342, 637.085, 22
637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 23
639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 24
640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 25
640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 26
641.221, 641.2215, 641A.191, 641A.217, 641A.262, 641B.170, 27
641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 28
642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 29
645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 30
645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 31
648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 32
654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 33
669.285, 669A.310, 670B.680, 671.365, 671.415, 673.450, 673.480, 34
675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 35
678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 36
679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 37
681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 38
687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 39
688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 40
692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 41
696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 42
711.600, and section 1 of this act, sections 35, 38 and 41 of chapter 43
478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes 44
of Nevada 2013 and unless otherwise declared by law to be 45
– 29 –
- *AB371*
confidential, all public books and public records of a governmental 1
entity must be open at all times during office hours to inspection by 2
any person, and may be fully copied or an abstract or memorandum 3
may be prepared from those public books and public records. Any 4
such copies, abstracts or memoranda may be used to supply the 5
general public with copies, abstracts or memoranda of the records or 6
may be used in any other way to the advantage of the governmental 7
entity or of the general public. This section does not supersede or in 8
any manner affect the federal laws governing copyrights or enlarge, 9
diminish or affect in any other manner the rights of a person in any 10
written book or record which is copyrighted pursuant to federal law. 11
2. A governmental entity may not reject a book or record 12
which is copyrighted solely because it is copyrighted. 13
3. A governmental entity that has legal custody or control of a 14
public book or record shall not deny a request made pursuant to 15
subsection 1 to inspect or copy or receive a copy of a public book or 16
record on the basis that the requested public book or record contains 17
information that is confidential if the governmental entity can 18
redact, delete, conceal or separate, including, without limitation, 19
electronically, the confidential information from the information 20
included in the public book or record that is not otherwise 21
confidential. 22
4. If requested, a governmental entity shall provide a copy of a 23
public record in an electronic format by means of an electronic 24
medium. Nothing in this subsection requires a governmental entity 25
to provide a copy of a public record in an electronic format or by 26
means of an electronic medium if: 27
(a) The public record: 28
(1) Was not created or prepared in an electronic format; and 29
(2) Is not available in an electronic format; or 30
(b) Providing the public record in an electronic format or by 31
means of an electronic medium would: 32
(1) Give access to proprietary software; or 33
(2) Require the production of information that is confidential 34
and that cannot be redacted, deleted, concealed or separated from 35
information that is not otherwise confidential. 36
5. An officer, employee or agent of a governmental entity who 37
has legal custody or control of a public record: 38
(a) Shall not refuse to provide a copy of that public record in the 39
medium that is requested because the officer, employee or agent has 40
already prepared or would prefer to provide the copy in a different 41
medium. 42
(b) Except as otherwise provided in NRS 239.030, shall, upon 43
request, prepare the copy of the public record and shall not require 44
– 30 –
- *AB371*
the person who has requested the copy to prepare the copy himself 1
or herself. 2
Sec. 5. 1. This section becomes effective upon passage and 3
approval. 4
2. Sections 1 to 4, inclusive, of this act become effective: 5
(a) Upon passage and approval for the purpose of adopting any 6
regulations and performing any other preparatory administrative 7
tasks that are necessary to carry out the provisions of this act; and 8
(b) On October 1, 2025, for all other purposes. 9
H