Texas 2023 - 88th Regular

Texas Senate Bill SB1615 Compare Versions

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1	1	S.B. No. 1615
2	2
3	3
4	4	AN ACT
5	5	relating to the cosmetology licensure compact.
6	6	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	7	SECTION 1. Title 9, Occupations Code, is amended by adding
8	8	Chapter 1604 to read as follows:
9	9	CHAPTER 1604. COSMETOLOGY LICENSURE COMPACT
10	10	Sec. 1604.001. COSMETOLOGY LICENSURE COMPACT. The
11	11	Cosmetology Licensure Compact is enacted and entered into with all
12	12	other jurisdictions that legally join the compact, which reads as
13	13	follows:
14	14	COSMETOLOGY LICENSURE COMPACT
15	15	ARTICLE 1- PURPOSE
16	16	The purpose of this Compact is to facilitate the interstate
17	17	practice and regulation of Cosmetology with the goal of improving
18	18	public access to, and the safety of, Cosmetology Services and
19	19	reducing unnecessary burdens related to Cosmetology licensure.
20	20	Through this Compact, the Member States seek to establish a
21	21	regulatory framework which provides for a new multistate licensing
22	22	program. Through this new licensing program, the Member States
23	23	seek to provide increased value and mobility to licensed
24	24	Cosmetologists in the Member States, while ensuring the provision
25	25	of safe, effective, and reliable services to the public.
26	26	This Compact is designed to achieve the following objectives, and
27	27	the Member States hereby ratify the same intentions by subscribing
28	28	hereto:
29	29	A. Provide opportunities for interstate practice by Cosmetologists
30	30	who meet uniform requirements for multistate licensure;
31	31	B. Enhance the abilities of Member States to protect public health
32	32	and safety, and prevent fraud and unlicensed activity within the
33	33	profession;
34	34	C. Ensure and encourage cooperation between Member States in the
35	35	licensure and regulation of the Practice of Cosmetology;
36	36	D. Support relocating military members and their spouses;
37	37	E. Facilitate the exchange of information between Member States
38	38	related to the licensure, investigation, and discipline of the
39	39	Practice of Cosmetology;
40	40	F. Provide for the licensure and mobility of the workforce in the
41	41	profession, while addressing the shortage of workers and
42	42	lessening the associated burdens on the Member States.
43	43	ARTICLE 2- DEFINITIONS
44	44	As used in this Compact, and except as otherwise provided, the
45	45	following definitions shall govern the terms herein:
46	46	A. "Active Military Member" means any person with full-time duty
47	47	status in the armed forces of the United States, including
48	48	members of the National Guard and Reserve.
49	49	B. "Adverse Action" means any administrative, civil, equitable, or
50	50	criminal action permitted by a Member State's laws which is
51	51	imposed by a State Licensing Authority or other regulatory body
52	52	against a Cosmetologist, including actions against an
53	53	individual's license or Authorization to Practice such as
54	54	revocation, suspension, probation, monitoring of the Licensee,
55	55	limitation of the Licensee's practice, or any other Encumbrance
56	56	on a license affecting an individual's ability to participate in
57	57	the Cosmetology industry, including the issuance of a cease and
58	58	desist order.
59	59	C. "Authorization to Practice" means a legal authorization
60	60	associated with a Multistate License permitting the Practice of
61	61	Cosmetology in that Remote State, which shall be subject to the
62	62	enforcement jurisdiction of the State Licensing Authority in
63	63	that Remote State.
64	64	D. "Alternative Program" means a non-disciplinary monitoring or
65	65	prosecutorial diversion program approved by a Member State's
66	66	State Licensing Authority.
67	67	E. "Background Check" means the submission of information for an
68	68	applicant for the purpose of obtaining that applicant's criminal
69	69	history record information, as further defined in 28 C.F.R. §
70	70	20.3(d), from the Federal Bureau of Investigation and the agency
71	71	responsible for retaining State criminal or disciplinary history
72	72	in the applicant's Home State.
73	73	F. "Charter Member State" means Member States who have enacted
74	74	legislation to adopt this Compact where such legislation
75	75	predates the effective date of this Compact as defined in Article
76	76	13.
77	77	G. "Commission" means the government agency whose membership
78	78	consists of all States that have enacted this Compact, which is
79	79	known as the Cosmetology Licensure Compact Commission, as
80	80	defined in Article 9, and which shall operate as an
81	81	instrumentality of the Member States.
82	82	H. "Cosmetologist" means an individual licensed in their Home State
83	83	to practice Cosmetology.
84	84	I. "Cosmetology", "Cosmetology Services", and the "Practice of
85	85	Cosmetology" mean the care and services provided by a
86	86	Cosmetologist as set forth in the Member State's statutes and
87	87	regulations in the State where the services are being provided.
88	88	J. "Current Significant Investigative Information" means:
89	89	1. Investigative Information that a State Licensing
90	90	Authority, after an inquiry or investigation that
91	91	complies with a Member State's due process
92	92	requirements, has reason to believe is not groundless
93	93	and, if proved true, would indicate a violation of that
94	94	State's laws regarding fraud or the Practice of
95	95	Cosmetology; or
96	96	2. Investigative Information that indicates that a
97	97	Licensee has engaged in fraud or represents an
98	98	immediate threat to public health and safety,
99	99	regardless of whether the Licensee has been notified
100	100	and had an opportunity to respond.
101	101	K. "Data System" means a repository of information about Licensees,
102	102	including, but not limited to, license status, Investigative
103	103	Information, and Adverse Actions.
104	104	L. "Disqualifying Event" means any event which shall disqualify an
105	105	individual from holding a Multistate License under this Compact,
106	106	which the Commission may by Rule or order specify.
107	107	M. "Encumbered License" means a license in which an Adverse Action
108	108	restricts the Practice of Cosmetology by a Licensee, or where
109	109	said Adverse Action has been reported to the Commission.
110	110	N. "Encumbrance" means a revocation or suspension of, or any
111	111	limitation on, the full and unrestricted Practice of Cosmetology
112	112	by a State Licensing Authority.
113	113	O. "Executive Committee" means a group of delegates elected or
114	114	appointed to act on behalf of, and within the powers granted to
115	115	them by, the Commission.
116	116	P. "Home State" means the Member State which is a Licensee's
117	117	primary State of residence, and where that Licensee holds an
118	118	active and unencumbered license to practice Cosmetology.
119	119	Q. "Investigative Information" means information, records, or
120	120	documents received or generated by a State Licensing Authority
121	121	pursuant to an investigation or other inquiry.
122	122	R. "Jurisprudence Requirement" means the assessment of an
123	123	individual's knowledge of the laws and rules governing the
124	124	Practice of Cosmetology in a State.
125	125	S. "Licensee" means an individual who currently holds a license
126	126	from a Member State to practice as a Cosmetologist.
127	127	T. "Member State" means any State that has adopted this Compact.
128	128	U. "Multistate License" means a license issued by and subject to
129	129	the enforcement jurisdiction of the State Licensing Authority in
130	130	a Licensee's Home State, which authorizes the Practice of
131	131	Cosmetology in Member States and includes Authorizations to
132	132	Practice Cosmetology in all Remote States pursuant to this
133	133	Compact.
134	134	V. "Remote State" means any Member State, other than the Licensee's
135	135	Home State.
136	136	W. "Rule" means any rule or regulation promulgated by the
137	137	Commission under this Compact which has the force of law.
138	138	X. "Single-State License" means a Cosmetology license issued by a
139	139	Member State that authorizes practice of Cosmetology only within
140	140	the issuing State and does not include any authorization outside
141	141	of the issuing State.
142	142	Y. "State" means a State, territory, or possession of the United
143	143	States and the District of Columbia.
144	144	Z. "State Licensing Authority" means a Member State's regulatory
145	145	body responsible for issuing Cosmetology licenses or otherwise
146	146	overseeing the Practice of Cosmetology in that State.
147	147	ARTICLE 3- MEMBER STATE REQUIREMENTS
148	148	A. To be eligible to join this Compact, and to maintain eligibility
149	149	as a Member State, a State must:
150	150	1. License and regulate Cosmetology;
151	151	2. Have a mechanism or entity in place to receive and
152	152	investigate complaints about Licensees practicing in
153	153	that State;
154	154	3. Require that Licensees within the State pass a
155	155	Cosmetology competency examination prior to being
156	156	licensed to provide Cosmetology Services to the public
157	157	in that State;
158	158	4. Require that Licensees satisfy educational or training
159	159	requirements in Cosmetology prior to being licensed to
160	160	provide Cosmetology Services to the public in that
161	161	State;
162	162	5. Implement procedures for considering one or more of the
163	163	following categories of information from applicants for
164	164	licensure: criminal history; disciplinary history; or
165	165	Background Check. Such procedures may include the
166	166	submission of information by applicants for the purpose
167	167	of obtaining an applicant's Background Check as defined
168	168	herein;
169	169	6. Participate in the Data System, including through the
170	170	use of unique identifying numbers;
171	171	7. Share information related to Adverse Actions with the
172	172	Commission and other Member States, both through the
173	173	Data System and otherwise;
174	174	8. Notify the Commission and other Member States, in
175	175	compliance with the terms of the Compact and Rules of
176	176	the Commission, of the existence of Investigative
177	177	Information or Current Significant Investigative
178	178	Information in the State's possession regarding a
179	179	Licensee practicing in that State;
180	180	9. Comply with such Rules as may be enacted by the
181	181	Commission to administer the Compact; and
182	182	10. Accept Licensees from other Member States as
183	183	established herein.
184	184	B. Member States may charge a fee for granting a license to practice
185	185	Cosmetology.
186	186	C. Individuals not residing in a Member State shall continue to be
187	187	able to apply for a Member State's Single-State License as
188	188	provided under the laws of each Member State. However, the
189	189	Single-State License granted to these individuals shall not be
190	190	recognized as granting a Multistate License to provide services
191	191	in any other Member State.
192	192	D. Nothing in this Compact shall affect the requirements
193	193	established by a Member State for the issuance of a Single-State
194	194	License.
195	195	E. A Multistate License issued to a Licensee by a Home State to a
196	196	resident of that State shall be recognized by each Member State
197	197	as authorizing a Licensee to practice Cosmetology in each Member
198	198	State.
199	199	F. At no point shall the Commission have the power to define the
200	200	educational or professional requirements for a license to
201	201	practice Cosmetology. The Member States shall retain sole
202	202	jurisdiction over the provision of these requirements.
203	203	ARTICLE 4- MULTISTATE LICENSE
204	204	A. To be eligible to apply to their Home State's State Licensing
205	205	Authority for an initial Multistate License under this Compact,
206	206	a Licensee must hold an active and unencumbered Single-State
207	207	License to practice Cosmetology in their Home State.
208	208	B. Upon the receipt of an application for a Multistate License,
209	209	according to the Rules of the Commission, a Member State's State
210	210	Licensing Authority shall ascertain whether the applicant meets
211	211	the requirements for a Multistate License under this Compact.
212	212	C. If an applicant meets the requirements for a Multistate License
213	213	under this Compact and any applicable Rules of the Commission,
214	214	the State Licensing Authority in receipt of the application
215	215	shall, within a reasonable time, grant a Multistate License to
216	216	that applicant, and inform all Member States of the grant of said
217	217	Multistate License.
218	218	D. A Multistate License to practice Cosmetology issued by a Member
219	219	State's State Licensing Authority shall be recognized by each
220	220	Member State as authorizing the practice thereof as though that
221	221	Licensee held a Single-State License to do so in each Member
222	222	State, subject to the restrictions herein.
223	223	E. A Multistate License granted pursuant to this Compact may be
224	224	effective for a definite period of time, concurrent with the
225	225	licensure renewal period in the Home State.
226	226	F. To maintain a Multistate License under this Compact, a Licensee
227	227	must:
228	228	1. Agree to abide by the rules of the State Licensing
229	229	Authority, and the State scope of practice laws
230	230	governing the Practice of Cosmetology, of any Member
231	231	State in which the Licensee provides services;
232	232	2. Pay all required fees related to the application and
233	233	process, and any other fees which the Commission may by
234	234	Rule require; and
235	235	3. Comply with any and all other requirements regarding
236	236	Multistate Licenses which the Commission may by Rule
237	237	provide.
238	238	G. A Licensee practicing in a Member State is subject to all scope
239	239	of practice laws governing Cosmetology Services in that State.
240	240	H. The Practice of Cosmetology under a Multistate License granted
241	241	pursuant to this Compact will subject the Licensee to the
242	242	jurisdiction of the State Licensing Authority, the courts, and
243	243	the laws of the Member State in which the Cosmetology Services
244	244	are provided.
245	245	ARTICLE 5- REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME STATE
246	246	A. A Licensee may hold a Multistate License, issued by their Home
247	247	State, in only one Member State at any given time.
248	248	B. If a Licensee changes their Home State by moving between two
249	249	Member States:
250	250	1. The Licensee shall immediately apply for the reissuance
251	251	of their Multistate License in their new Home State. The
252	252	Licensee shall pay all applicable fees and notify the
253	253	prior Home State in accordance with the Rules of the
254	254	Commission.
255	255	2. Upon receipt of an application to reissue a Multistate
256	256	License, the new Home State shall verify that the
257	257	Multistate License is active, unencumbered and eligible
258	258	for reissuance under the terms of the Compact and the
259	259	Rules of the Commission. The Multistate License issued
260	260	by the prior Home State will be deactivated and all
261	261	Member States notified in accordance with the
262	262	applicable Rules adopted by the Commission.
263	263	3. If required for initial licensure, the new Home State
264	264	may require a Background Check as specified in the laws
265	265	of that State, or the compliance with any Jurisprudence
266	266	Requirements of the new Home State.
267	267	4. Notwithstanding any other provision of this Compact, if
268	268	a Licensee does not meet the requirements set forth in
269	269	this Compact for the reissuance of a Multistate License
270	270	by the new Home State, then the Licensee shall be
271	271	subject to the new Home State requirements for the
272	272	issuance of a Single-State License in that State.
273	273	C. If a Licensee changes their primary state of residence by moving
274	274	from a Member State to a non-Member State, or from a non-Member
275	275	State to a Member State, then the Licensee shall be subject to
276	276	the State requirements for the issuance of a Single-State
277	277	License in the new Home State.
278	278	D. Nothing in this Compact shall interfere with a Licensee's
279	279	ability to hold a Single-State License in multiple States;
280	280	however, for the purposes of this Compact, a Licensee shall have
281	281	only one Home State, and only one Multistate License.
282	282	E. Nothing in this Compact shall interfere with the requirements
283	283	established by a Member State for the issuance of a Single-State
284	284	License.
285	285	ARTICLE 6- AUTHORITY OF THE COMPACT COMMISSION AND MEMBER STATE
286	286	LICENSING AUTHORITIES
287	287	A. Nothing in this Compact, nor any Rule or regulation of the
288	288	Commission, shall be construed to limit, restrict, or in any way
289	289	reduce the ability of a Member State to enact and enforce laws,
290	290	regulations, or other rules related to the Practice of
291	291	Cosmetology in that State, where those laws, regulations, or
292	292	other rules are not inconsistent with the provisions of this
293	293	Compact.
294	294	B. Insofar as practical, a Member State's State Licensing Authority
295	295	shall cooperate with the Commission and with each entity
296	296	exercising independent regulatory authority over the Practice of
297	297	Cosmetology according to the provisions of this Compact.
298	298	C. Discipline shall be the sole responsibility of the State in
299	299	which Cosmetology Services are provided. Accordingly, each
300	300	Member State's State Licensing Authority shall be responsible
301	301	for receiving complaints about individuals practicing
302	302	Cosmetology in that State, and for communicating all relevant
303	303	Investigative Information about any such Adverse Action to the
304	304	other Member States through the Data System in addition to any
305	305	other methods the Commission may by Rule require.
306	306	ARTICLE 7- ADVERSE ACTIONS
307	307	A. A Licensee's Home State shall have exclusive power to impose an
308	308	Adverse Action against a Licensee's Multistate License issued by
309	309	the Home State.
310	310	B. A Home State may take Adverse Action on a Multistate License
311	311	based on the Investigative Information, Current Significant
312	312	Investigative Information, or Adverse Action of a Remote State.
313	313	C. In addition to the powers conferred by State law, each Remote
314	314	State's State Licensing Authority shall have the power to:
315	315	1. Take Adverse Action against a Licensee's Authorization
316	316	to Practice Cosmetology through the Multistate License
317	317	in that Member State, provided that:
318	318	a. Only the Licensee's Home State shall have the
319	319	power to take Adverse Action against the
320	320	Multistate License issued by the Home State; and
321	321	b. For the purposes of taking Adverse Action, the
322	322	Home State's State Licensing Authority shall give
323	323	the same priority and effect to reported conduct
324	324	received from a Remote State as it would if such
325	325	conduct had occurred within the Home State. In so
326	326	doing, the Home State shall apply its own State
327	327	laws to determine the appropriate action.
328	328	2. Issue cease and desist orders or impose an Encumbrance
329	329	on a Licensee's Authorization to Practice within that
330	330	Member State.
331	331	3. Complete any pending investigations of a Licensee who
332	332	changes their primary state of residence during the
333	333	course of such an investigation. The State Licensing
334	334	Authority shall also be empowered to report the results
335	335	of such an investigation to the Commission through the
336	336	Data System as described herein.
337	337	4. Issue subpoenas for both hearings and investigations
338	338	that require the attendance and testimony of witnesses,
339	339	as well as the production of evidence. Subpoenas issued
340	340	by a State Licensing Authority in a Member State for the
341	341	attendance and testimony of witnesses or the production
342	342	of evidence from another Member State shall be enforced
343	343	in the latter State by any court of competent
344	344	jurisdiction, according to the practice and procedure
345	345	of that court applicable to subpoenas issued in
346	346	proceedings before it. The issuing State Licensing
347	347	Authority shall pay any witness fees, travel expenses,
348	348	mileage, and other fees required by the service
349	349	statutes of the State in which the witnesses or evidence
350	350	are located.
351	351	5. If otherwise permitted by State law, recover from the
352	352	affected Licensee the costs of investigations and
353	353	disposition of cases resulting from any Adverse Action
354	354	taken against that Licensee.
355	355	6. Take Adverse Action against the Licensee's
356	356	Authorization to Practice in that State based on the
357	357	factual findings of another Remote State.
358	358	D. A Licensee's Home State shall complete any pending
359	359	investigation(s) of a Cosmetologist who changes their primary
360	360	state of residence during the course of the investigation(s).
361	361	The Home State shall also have the authority to take appropriate
362	362	action(s) and shall promptly report the conclusions of the
363	363	investigations to the Data System.
364	364	E. If an Adverse Action is taken by the Home State against a
365	365	Licensee's Multistate License, the Licensee's Authorization to
366	366	Practice in all other Member States shall be deactivated until
367	367	all Encumbrances have been removed from the Home State license.
368	368	All Home State disciplinary orders that impose an Adverse Action
369	369	against a Licensee's Multistate License shall include a
370	370	statement that the Cosmetologist's Authorization to Practice is
371	371	deactivated in all Member States during the pendency of the
372	372	order.
373	373	F. Nothing in this Compact shall override a Member State's
374	374	authority to accept a Licensee's participation in an Alternative
375	375	Program in lieu of Adverse Action. A Licensee's Multistate
376	376	License shall be suspended for the duration of the Licensee's
377	377	participation in any Alternative Program.
378	378	G. Joint Investigations
379	379	1. In addition to the authority granted to a Member State
380	380	by its respective scope of practice laws or other
381	381	applicable State law, a Member State may participate
382	382	with other Member States in joint investigations of
383	383	Licensees.
384	384	2. Member States shall share any investigative,
385	385	litigation, or compliance materials in furtherance of
386	386	any joint or individual investigation initiated under
387	387	the Compact.
388	388	ARTICLE 8- ACTIVE MILITARY MEMBERS AND THEIR SPOUSES
389	389	Active Military Members, or their spouses, shall designate a Home
390	390	State where the individual has a current license to practice
391	391	Cosmetology in good standing. The individual may retain their Home
392	392	State designation during any period of service when that individual
393	393	or their spouse is on active duty assignment.
394	394	ARTICLE 9- ESTABLISHMENT AND OPERATION OF THE COSMETOLOGY LICENSURE
395	395	COMPACT COMMISSION
396	396	A. The Compact Member States hereby create and establish a joint
397	397	government agency whose membership consists of all Member States
398	398	that have enacted the Compact known as the Cosmetology Licensure
399	399	Compact Commission. The Commission is an instrumentality of the
400	400	Compact Member States acting jointly and not an instrumentality
401	401	of any one State. The Commission shall come into existence on or
402	402	after the effective date of the Compact as set forth in Article
403	403	13.
404	404	B. Membership, Voting, and Meetings
405	405	1. Each Member State shall have and be limited to one (1)
406	406	delegate selected by that Member State’s State
407	407	Licensing Authority.
408	408	2. The delegate shall be an administrator of the State
409	409	Licensing Authority of the Member State or their
410	410	designee.
411	411	3. The Commission shall by Rule or bylaw establish a term
412	412	of office for delegates and may by Rule or bylaw
413	413	establish term limits.
414	414	4. The Commission may recommend removal or suspension of
415	415	any delegate from office.
416	416	5. A Member State’s State Licensing Authority shall fill
417	417	any vacancy of its delegate occurring on the Commission
418	418	within 60 days of the vacancy.
419	419	6. Each delegate shall be entitled to one vote on all
420	420	matters that are voted on by the Commission.
421	421	7. The Commission shall meet at least once during each
422	422	calendar year. Additional meetings may be held as set
423	423	forth in the bylaws. The Commission may meet by
424	424	telecommunication, video conference or other similar
425	425	electronic means.
426	426	C. The Commission shall have the following powers:
427	427	1. Establish the fiscal year of the Commission;
428	428	2. Establish code of conduct and conflict of interest
429	429	policies;
430	430	3. Adopt Rules and bylaws;
431	431	4. Maintain its financial records in accordance with the
432	432	bylaws;
433	433	5. Meet and take such actions as are consistent with the
434	434	provisions of this Compact, the Commission’s Rules, and
435	435	the bylaws;
436	436	6. Initiate and conclude legal proceedings or actions in
437	437	the name of the Commission, provided that the standing
438	438	of any State Licensing Authority to sue or be sued under
439	439	applicable law shall not be affected;
440	440	7. Maintain and certify records and information provided
441	441	to a Member State as the authenticated business records
442	442	of the Commission, and designate an agent to do so on
443	443	the Commission's behalf;
444	444	8. Purchase and maintain insurance and bonds;
445	445	9. Borrow, accept, or contract for services of personnel,
446	446	including, but not limited to, employees of a Member
447	447	State;
448	448	10. Conduct an annual financial review;
449	449	11. Hire employees, elect or appoint officers, fix
450	450	compensation, define duties, grant such individuals
451	451	appropriate authority to carry out the purposes of the
452	452	Compact, and establish the Commission's personnel
453	453	policies and programs relating to conflicts of
454	454	interest, qualifications of personnel, and other
455	455	related personnel matters;
456	456	12. As set forth in the Commission Rules, charge a fee to a
457	457	Licensee for the grant of a Multistate License and
458	458	thereafter, as may be established by Commission Rule,
459	459	charge the Licensee a Multistate License renewal fee
460	460	for each renewal period. Nothing herein shall be
461	461	construed to prevent a Home State from charging a
462	462	Licensee a fee for a Multistate License or renewals of a
463	463	Multistate License, or a fee for the jurisprudence
464	464	requirement if the Member State imposes such a
465	465	requirement for the grant of a Multistate License;
466	466	13. Assess and collect fees;
467	467	14. Accept any and all appropriate gifts, donations,
468	468	grants of money, other sources of revenue, equipment,
469	469	supplies, materials, and services, and receive,
470	470	utilize, and dispose of the same; provided that at all
471	471	times the Commission shall avoid any appearance of
472	472	impropriety or conflict of interest;
473	473	15. Lease, purchase, retain, own, hold, improve, or use any
474	474	property, real, personal, or mixed, or any undivided
475	475	interest therein;
476	476	16. Sell, convey, mortgage, pledge, lease, exchange,
477	477	abandon, or otherwise dispose of any property real,
478	478	personal, or mixed;
479	479	17. Establish a budget and make expenditures;
480	480	18. Borrow money;
481	481	19. Appoint committees, including standing committees,
482	482	composed of members, State regulators, State
483	483	legislators or their representatives, and consumer
484	484	representatives, and such other interested persons as
485	485	may be designated in this Compact and the bylaws;
486	486	20. Provide and receive information from, and cooperate
487	487	with, law enforcement agencies;
488	488	21. Elect a Chair, Vice Chair, Secretary and Treasurer and
489	489	such other officers of the Commission as provided in the
490	490	Commission's bylaws;
491	491	22. Establish and elect an Executive Committee, including
492	492	a chair and a vice chair;
493	493	23. Adopt and provide to the Member States an annual
494	494	report.
495	495	24. Determine whether a State's adopted language is
496	496	materially different from the model Compact language
497	497	such that the State would not qualify for participation
498	498	in the Compact; and
499	499	25. Perform such other functions as may be necessary or
500	500	appropriate to achieve the purposes of this Compact.
501	501	D. The Executive Committee
502	502	1. The Executive Committee shall have the power to act on
503	503	behalf of the Commission according to the terms of this
504	504	Compact. The powers, duties, and responsibilities of
505	505	the Executive Committee shall include:
506	506	a. Overseeing the day-to-day activities of the
507	507	administration of the Compact including
508	508	compliance with the provisions of the Compact, the
509	509	Commission's Rules and bylaws, and other such
510	510	duties as deemed necessary;
511	511	b. Recommending to the Commission changes to the
512	512	Rules or bylaws, changes to this Compact
513	513	legislation, fees charged to Compact Member
514	514	States, fees charged to Licensees, and other fees;
515	515	c. Ensuring Compact administration services are
516	516	appropriately provided, including by contract;
517	517	d. Preparing and recommending the budget;
518	518	e. Maintaining financial records on behalf of the
519	519	Commission;
520	520	f. Monitoring Compact compliance of Member States
521	521	and providing compliance reports to the
522	522	Commission;
523	523	g. Establishing additional committees as necessary;
524	524	h. Exercising the powers and duties of the
525	525	Commission during the interim between Commission
526	526	meetings, except for adopting or amending Rules,
527	527	adopting or amending bylaws, and exercising any
528	528	other powers and duties expressly reserved to the
529	529	Commission by Rule or bylaw; and
530	530	i. Other duties as provided in the Rules or bylaws of
531	531	the Commission.
532	532	2. The Executive Committee shall be composed of up to
533	533	seven voting members:
534	534	a. The chair and vice chair of the Commission and any
535	535	other members of the Commission who serve on the
536	536	Executive Committee shall be voting members of the
537	537	Executive Committee; and
538	538	b. Other than the chair, vice-chair, secretary and
539	539	treasurer, the Commission shall elect three
540	540	voting members from the current membership of the
541	541	Commission.
542	542	c. The Commission may elect ex-officio, nonvoting
543	543	members from a recognized national Cosmetology
544	544	professional association as approved by the
545	545	Commission. The Commission's bylaws shall
546	546	identify qualifying organizations and the manner
547	547	of appointment if the number of organizations
548	548	seeking to appoint an ex officio member exceeds
549	549	the number of members specified in this Article.
550	550	3. The Commission may remove any member of the Executive
551	551	Committee as provided in the Commission's bylaws.
552	552	4. The Executive Committee shall meet at least annually.
553	553	a. Annual Executive Committee meetings, as well as
554	554	any Executive Committee meeting at which it does
555	555	not take or intend to take formal action on a
556	556	matter for which a Commission vote would otherwise
557	557	be required, shall be open to the public, except
558	558	that the Executive Committee may meet in a closed,
559	559	non-public session of a public meeting when
560	560	dealing with any of the matters covered under
561	561	Article 9.F.4.
562	562	b. The Executive Committee shall give five business
563	563	days advance notice of its public meetings, posted
564	564	on its website and as determined to provide notice
565	565	to persons with an interest in the public matters
566	566	the Executive Committee intends to address at
567	567	those meetings.
568	568	5. The Executive Committee may hold an emergency meeting
569	569	when acting for the Commission to:
570	570	a. Meet an imminent threat to public health, safety,
571	571	or welfare;
572	572	b. Prevent a loss of Commission or Member State
573	573	funds; or
574	574	c. Protect public health and safety.
575	575	E. The Commission shall adopt and provide to the Member States an
576	576	annual report.
577	577	F. Meetings of the Commission
578	578	1. All meetings of the Commission that are not closed
579	579	pursuant to Article 9.F.4 shall be open to the public.
580	580	Notice of public meetings shall be posted on the
581	581	Commission's website at least thirty (30) days prior to
582	582	the public meeting.
583	583	2. Notwithstanding Article 9.F.1, the Commission may
584	584	convene an emergency public meeting by providing at
585	585	least twenty-four (24) hours prior notice on the
586	586	Commission's website, and any other means as provided in
587	587	the Commission's Rules, for any of the reasons it may
588	588	dispense with notice of proposed rulemaking under
589	589	Article 11.L. The Commission's legal counsel shall
590	590	certify that one of the reasons justifying an emergency
591	591	public meeting has been met.
592	592	3. Notice of all Commission meetings shall provide the
593	593	time, date, and location of the meeting, and if the
594	594	meeting is to be held or accessible via
595	595	telecommunication, video conference, or other
596	596	electronic means, the notice shall include the
597	597	mechanism for access to the meeting.
598	598	4. The Commission may convene in a closed, non-public
599	599	meeting for the Commission to discuss:
600	600	a. Non-compliance of a Member State with its
601	601	obligations under the Compact;
602	602	b. The employment, compensation, discipline or other
603	603	matters, practices or procedures related to
604	604	specific employees or other matters related to the
605	605	Commission's internal personnel practices and
606	606	procedures;
607	607	c. Current or threatened discipline of a Licensee by
608	608	the Commission or by a Member State's Licensing
609	609	Authority;
610	610	d. Current, threatened, or reasonably anticipated
611	611	litigation;
612	612	e. Negotiation of contracts for the purchase, lease,
613	613	or sale of goods, services, or real estate;
614	614	f. Accusing any person of a crime or formally
615	615	censuring any person;
616	616	g. Trade secrets or commercial or financial
617	617	information that is privileged or confidential;
618	618	h. Information of a personal nature where disclosure
619	619	would constitute a clearly unwarranted invasion
620	620	of personal privacy;
621	621	i. Investigative records compiled for law
622	622	enforcement purposes;
623	623	j. Information related to any investigative reports
624	624	prepared by or on behalf of or for use of the
625	625	Commission or other committee charged with
626	626	responsibility of investigation or determination
627	627	of compliance issues pursuant to the Compact;
628	628	k. Legal advice;
629	629	l. Matters specifically exempted from disclosure to
630	630	the public by federal or Member State law; or
631	631	m. Other matters as promulgated by the Commission by
632	632	Rule.
633	633	5. If a meeting, or portion of a meeting, is closed, the
634	634	presiding officer shall state that the meeting will be
635	635	closed and reference each relevant exempting provision,
636	636	and such reference shall be recorded in the minutes.
637	637	6. The Commission shall keep minutes that fully and
638	638	clearly describe all matters discussed in a meeting and
639	639	shall provide a full and accurate summary of actions
640	640	taken, and the reasons therefore, including a
641	641	description of the views expressed. All documents
642	642	considered in connection with an action shall be
643	643	identified in such minutes. All minutes and documents
644	644	of a closed meeting shall remain under seal, subject to
645	645	release only by a majority vote of the Commission or
646	646	order of a court of competent jurisdiction.
647	647	G. Financing of the Commission
648	648	1. The Commission shall pay, or provide for the payment
649	649	of, the reasonable expenses of its establishment,
650	650	organization, and ongoing activities.
651	651	2. The Commission may accept any and all appropriate
652	652	sources of revenue, donations, and grants of money,
653	653	equipment, supplies, materials, and services.
654	654	3. The Commission may levy on and collect an annual
655	655	assessment from each Member State and impose fees on
656	656	Licensees of Member States to whom it grants a
657	657	Multistate License to cover the cost of the operations
658	658	and activities of the Commission and its staff, which
659	659	must be in a total amount sufficient to cover its annual
660	660	budget as approved each year for which revenue is not
661	661	provided by other sources. The aggregate annual
662	662	assessment amount for Member States shall be allocated
663	663	based upon a formula that the Commission shall
664	664	promulgate by Rule.
665	665	4. The Commission shall not incur obligations of any kind
666	666	prior to securing the funds adequate to meet the same;
667	667	nor shall the Commission pledge the credit of any Member
668	668	States, except by and with the authority of the Member
669	669	State.
670	670	5. The Commission shall keep accurate accounts of all
671	671	receipts and disbursements. The receipts and
672	672	disbursements of the Commission shall be subject to the
673	673	financial review and accounting procedures established
674	674	under its bylaws. All receipts and disbursements of
675	675	funds handled by the Commission shall be subject to an
676	676	annual financial review by a certified or licensed
677	677	public accountant, and the report of the financial
678	678	review shall be included in and become part of the
679	679	annual report of the Commission.
680	680	H. Qualified Immunity, Defense, and Indemnification
681	681	1. The members, officers, executive director, employees
682	682	and representatives of the Commission shall be immune
683	683	from suit and liability, both personally and in their
684	684	official capacity, for any claim for damage to or loss
685	685	of property or personal injury or other civil liability
686	686	caused by or arising out of any actual or alleged act,
687	687	error, or omission that occurred, or that the person
688	688	against whom the claim is made had a reasonable basis
689	689	for believing occurred within the scope of Commission
690	690	employment, duties or responsibilities; provided that
691	691	nothing in this paragraph shall be construed to protect
692	692	any such person from suit or liability for any damage,
693	693	loss, injury, or liability caused by the intentional or
694	694	willful or wanton misconduct of that person. The
695	695	procurement of insurance of any type by the Commission
696	696	shall not in any way compromise or limit the immunity
697	697	granted hereunder.
698	698	2. The Commission shall defend any member, officer,
699	699	executive director, employee, and representative of the
700	700	Commission in any civil action seeking to impose
701	701	liability arising out of any actual or alleged act,
702	702	error, or omission that occurred within the scope of
703	703	Commission employment, duties, or responsibilities, or
704	704	as determined by the Commission that the person against
705	705	whom the claim is made had a reasonable basis for
706	706	believing occurred within the scope of Commission
707	707	employment, duties, or responsibilities; provided that
708	708	nothing herein shall be construed to prohibit that
709	709	person from retaining their own counsel at their own
710	710	expense; and provided further, that the actual or
711	711	alleged act, error, or omission did not result from that
712	712	person's intentional or willful or wanton misconduct.
713	713	3. The Commission shall indemnify and hold harmless any
714	714	member, officer, executive director, employee, and
715	715	representative of the Commission for the amount of any
716	716	settlement or judgment obtained against that person
717	717	arising out of any actual or alleged act, error, or
718	718	omission that occurred within the scope of Commission
719	719	employment, duties, or responsibilities, or that such
720	720	person had a reasonable basis for believing occurred
721	721	within the scope of Commission employment, duties, or
722	722	responsibilities, provided that the actual or alleged
723	723	act, error, or omission did not result from the
724	724	intentional or willful or wanton misconduct of that
725	725	person.
726	726	4. Nothing herein shall be construed as a limitation on
727	727	the liability of any Licensee for professional
728	728	malpractice or misconduct, which shall be governed
729	729	solely by any other applicable State laws.
730	730	5. Nothing in this Compact shall be interpreted to waive
731	731	or otherwise abrogate a Member State's State action
732	732	immunity or State action affirmative defense with
733	733	respect to antitrust claims under the Sherman Act,
734	734	Clayton Act, or any other State or federal antitrust or
735	735	anticompetitive law or regulation.
736	736	6. Nothing in this Compact shall be construed to be a
737	737	waiver of sovereign immunity by the Member States or by
738	738	the Commission.
739	739	ARTICLE 10- DATA SYSTEM
740	740	A. The Commission shall provide for the development, maintenance,
741	741	operation, and utilization of a coordinated database and
742	742	reporting system.
743	743	B. The Commission shall assign each applicant for a Multistate
744	744	License a unique identifier, as determined by the Rules of the
745	745	Commission.
746	746	C. Notwithstanding any other provision of State law to the
747	747	contrary, a Member State shall submit a uniform data set to the
748	748	Data System on all individuals to whom this Compact is applicable
749	749	as required by the Rules of the Commission, including:
750	750	1. Identifying information;
751	751	2. Licensure data;
752	752	3. Adverse Actions against a license and information
753	753	related thereto;
754	754	4. Non-confidential information related to Alternative
755	755	Program participation, the beginning and ending dates
756	756	of such participation, and other information related to
757	757	such participation;
758	758	5. Any denial of application for licensure, and the
759	759	reason(s) for such denial (excluding the reporting of
760	760	any criminal history record information where
761	761	prohibited by law);
762	762	6. The existence of Investigative Information;
763	763	7. The existence of Current Significant Investigative
764	764	Information; and
765	765	8. Other information that may facilitate the
766	766	administration of this Compact or the protection of the
767	767	public, as determined by the Rules of the Commission.
768	768	D. The records and information provided to a Member State pursuant
769	769	to this Compact or through the Data System, when certified by the
770	770	Commission or an agent thereof, shall constitute the
771	771	authenticated business records of the Commission, and shall be
772	772	entitled to any associated hearsay exception in any relevant
773	773	judicial, quasi-judicial or administrative proceedings in a
774	774	Member State.
775	775	E. The existence of Current Significant Investigative Information
776	776	and the existence of Investigative Information pertaining to a
777	777	Licensee in any Member State will only be available to other
778	778	Member States.
779	779	F. It is the responsibility of the Member States to monitor the
780	780	database to determine whether Adverse Action has been taken
781	781	against such a Licensee or License applicant. Adverse Action
782	782	information pertaining to a Licensee or License applicant in any
783	783	Member State will be available to any other Member State.
784	784	G. Member States contributing information to the Data System may
785	785	designate information that may not be shared with the public
786	786	without the express permission of the contributing State.
787	787	H. Any information submitted to the Data System that is
788	788	subsequently expunged pursuant to federal law or the laws of the
789	789	Member State contributing the information shall be removed from
790	790	the Data System.
791	791	ARTICLE 11- RULEMAKING
792	792	A. The Commission shall promulgate reasonable Rules in order to
793	793	effectively and efficiently implement and administer the
794	794	purposes and provisions of the Compact. A Rule shall be invalid
795	795	and have no force or effect only if a court of competent
796	796	jurisdiction holds that the Rule is invalid because the
797	797	Commission exercised its rulemaking authority in a manner that
798	798	is beyond the scope and purposes of the Compact, or the powers
799	799	granted hereunder, or based upon another applicable standard of
800	800	review.
801	801	B. The Rules of the Commission shall have the force of law in each
802	802	Member State, provided however that where the Rules of the
803	803	Commission conflict with the laws of the Member State that
804	804	establish the Member State's scope of practice laws governing the
805	805	Practice of Cosmetology as held by a court of competent
806	806	jurisdiction, the Rules of the Commission shall be ineffective
807	807	in that State to the extent of the conflict.
808	808	C. The Commission shall exercise its rulemaking powers pursuant to
809	809	the criteria set forth in this Article and the Rules adopted
810	810	thereunder. Rules shall become binding as of the date specified
811	811	by the Commission for each Rule.
812	812	D. If a majority of the legislatures of the Member States rejects a
813	813	Rule or portion of a Rule, by enactment of a statute or
814	814	resolution in the same manner used to adopt the Compact within
815	815	four (4) years of the date of adoption of the Rule, then such Rule
816	816	shall have no further force and effect in any Member State or to
817	817	any State applying to participate in the Compact.
818	818	E. Rules shall be adopted at a regular or special meeting of the
819	819	Commission.
820	820	F. Prior to adoption of a proposed Rule, the Commission shall hold a
821	821	public hearing and allow persons to provide oral and written
822	822	comments, data, facts, opinions, and arguments.
823	823	G. Prior to adoption of a proposed Rule by the Commission, and at
824	824	least thirty (30) days in advance of the meeting at which the
825	825	Commission will hold a public hearing on the proposed Rule, the
826	826	Commission shall provide a notice of proposed rulemaking:
827	827	1. On the website of the Commission or other publicly
828	828	accessible platform;
829	829	2. To persons who have requested notice of the
830	830	Commission's notices of proposed rulemaking; and
831	831	3. In such other way(s) as the Commission may by Rule
832	832	specify.
833	833	H. The notice of proposed rulemaking shall include:
834	834	1. The time, date, and location of the public hearing at
835	835	which the Commission will hear public comments on the
836	836	proposed Rule and, if different, the time, date, and
837	837	location of the meeting where the Commission will
838	838	consider and vote on the proposed Rule;
839	839	2. If the hearing is held via telecommunication, video
840	840	conference, or other electronic means, the Commission
841	841	shall include the mechanism for access to the hearing in
842	842	the notice of proposed rulemaking;
843	843	3. The text of the proposed Rule and the reason therefor;
844	844	4. A request for comments on the proposed Rule from any
845	845	interested person; and
846	846	5. The manner in which interested persons may submit
847	847	written comments.
848	848	I. All hearings will be recorded. A copy of the recording and all
849	849	written comments and documents received by the Commission in
850	850	response to the proposed Rule shall be available to the public.
851	851	J. Nothing in this Article shall be construed as requiring a
852	852	separate hearing on each Rule. Rules may be grouped for the
853	853	convenience of the Commission at hearings required by this
854	854	Article.
855	855	K. The Commission shall, by majority vote of all members, take
856	856	final action on the proposed Rule based on the rulemaking record
857	857	and the full text of the Rule.
858	858	1. The Commission may adopt changes to the proposed Rule
859	859	provided the changes do not enlarge the original
860	860	purpose of the proposed Rule.
861	861	2. The Commission shall provide an explanation of the
862	862	reasons for substantive changes made to the proposed
863	863	Rule as well as reasons for substantive changes not made
864	864	that were recommended by commenters.
865	865	3. The Commission shall determine a reasonable effective
866	866	date for the Rule. Except for an emergency as provided
867	867	in Article 11.L, the effective date of the Rule shall be
868	868	no sooner than forty-five (45) days after the
869	869	Commission issuing the notice that it adopted or
870	870	amended the Rule.
871	871	L. Upon determination that an emergency exists, the Commission may
872	872	consider and adopt an emergency Rule with five (5) days' notice,
873	873	with opportunity to comment, provided that the usual rulemaking
874	874	procedures provided in the Compact and in this Article shall be
875	875	retroactively applied to the Rule as soon as reasonably
876	876	possible, in no event later than ninety (90) days after the
877	877	effective date of the Rule. For the purposes of this provision,
878	878	an emergency Rule is one that must be adopted immediately to:
879	879	1. Meet an imminent threat to public health, safety, or
880	880	welfare;
881	881	2. Prevent a loss of Commission or Member State funds;
882	882	3. Meet a deadline for the promulgation of a Rule that is
883	883	established by federal law or rule; or
884	884	4. Protect public health and safety.
885	885	M. The Commission or an authorized committee of the Commission may
886	886	direct revisions to a previously adopted Rule for purposes of
887	887	correcting typographical errors, errors in format, errors in
888	888	consistency, or grammatical errors. Public notice of any
889	889	revisions shall be posted on the website of the Commission. The
890	890	revision shall be subject to challenge by any person for a period
891	891	of thirty (30) days after posting. The revision may be
892	892	challenged only on grounds that the revision results in a
893	893	material change to a Rule. A challenge shall be made in writing
894	894	and delivered to the Commission prior to the end of the notice
895	895	period. If no challenge is made, the revision will take effect
896	896	without further action. If the revision is challenged, the
897	897	revision may not take effect without the approval of the
898	898	Commission.
899	899	N. No Member State's rulemaking requirements shall apply under this
900	900	Compact.
901	901	ARTICLE 12- OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
902	902	A. Oversight
903	903	1. The executive and judicial branches of State
904	904	government in each Member State shall enforce this
905	905	Compact and take all actions necessary and appropriate
906	906	to implement the Compact.
907	907	2. Venue is proper and judicial proceedings by or against
908	908	the Commission shall be brought solely and exclusively
909	909	in a court of competent jurisdiction where the
910	910	principal office of the Commission is located. The
911	911	Commission may waive venue and jurisdictional defenses
912	912	to the extent it adopts or consents to participate in
913	913	alternative dispute resolution proceedings. Nothing
914	914	herein shall affect or limit the selection or propriety
915	915	of venue in any action against a Licensee for
916	916	professional malpractice, misconduct or any such
917	917	similar matter.
918	918	3. The Commission shall be entitled to receive service of
919	919	process in any proceeding regarding the enforcement or
920	920	interpretation of the Compact and shall have standing
921	921	to intervene in such a proceeding for all purposes.
922	922	Failure to provide the Commission service of process
923	923	shall render a judgment or order void as to the
924	924	Commission, this Compact, or promulgated Rules.
925	925	B. Default, Technical Assistance, and Termination
926	926	1. If the Commission determines that a Member State has
927	927	defaulted in the performance of its obligations or
928	928	responsibilities under this Compact or the promulgated
929	929	Rules, the Commission shall provide written notice to
930	930	the defaulting State. The notice of default shall
931	931	describe the default, the proposed means of curing the
932	932	default, and any other action that the Commission may
933	933	take, and shall offer training and specific technical
934	934	assistance regarding the default.
935	935	2. The Commission shall provide a copy of the notice of
936	936	default to the other Member States.
937	937	3. If a State in default fails to cure the default, the
938	938	defaulting State may be terminated from the Compact
939	939	upon an affirmative vote of a majority of the delegates
940	940	of the Member States, and all rights, privileges and
941	941	benefits conferred on that State by this Compact may be
942	942	terminated on the effective date of termination. A cure
943	943	of the default does not relieve the offending State of
944	944	obligations or liabilities incurred during the period
945	945	of default.
946	946	4. Termination of membership in the Compact shall be
947	947	imposed only after all other means of securing
948	948	compliance have been exhausted. Notice of intent to
949	949	suspend or terminate shall be given by the Commission to
950	950	the governor, the majority and minority leaders of the
951	951	defaulting State's legislature, the defaulting State's
952	952	State Licensing Authority and each of the Member States'
953	953	State Licensing Authority.
954	954	5. A State that has been terminated is responsible for all
955	955	assessments, obligations, and liabilities incurred
956	956	through the effective date of termination, including
957	957	obligations that extend beyond the effective date of
958	958	termination.
959	959	6. Upon the termination of a State's membership from this
960	960	Compact, that State shall immediately provide notice to
961	961	all Licensees who hold a Multistate License within that
962	962	State of such termination. The terminated State shall
963	963	continue to recognize all licenses granted pursuant to
964	964	this Compact for a minimum of one hundred eighty (180)
965	965	days after the date of said notice of termination.
966	966	7. The Commission shall not bear any costs related to a
967	967	State that is found to be in default or that has been
968	968	terminated from the Compact, unless agreed upon in
969	969	writing between the Commission and the defaulting
970	970	State.
971	971	8. The defaulting State may appeal the action of the
972	972	Commission by petitioning the United States District
973	973	Court for the District of Columbia or the federal
974	974	district where the Commission has its principal
975	975	offices. The prevailing party shall be awarded all
976	976	costs of such litigation, including reasonable
977	977	attorney's fees.
978	978	C. Dispute Resolution
979	979	1. Upon request by a Member State, the Commission shall
980	980	attempt to resolve disputes related to the Compact that
981	981	arise among Member States and between Member and
982	982	non-Member States.
983	983	2. The Commission shall promulgate a Rule providing for
984	984	both mediation and binding dispute resolution for
985	985	disputes as appropriate.
986	986	D. Enforcement
987	987	1. The Commission, in the reasonable exercise of its
988	988	discretion, shall enforce the provisions of this
989	989	Compact and the Commission's Rules.
990	990	2. By majority vote as provided by Commission Rule, the
991	991	Commission may initiate legal action against a Member
992	992	State in default in the United States District Court for
993	993	the District of Columbia or the federal district where
994	994	the Commission has its principal offices to enforce
995	995	compliance with the provisions of the Compact and its
996	996	promulgated Rules. The relief sought may include both
997	997	injunctive relief and damages. In the event judicial
998	998	enforcement is necessary, the prevailing party shall be
999	999	awarded all costs of such litigation, including
1000	1000	reasonable attorney's fees. The remedies herein shall
1001	1001	not be the exclusive remedies of the Commission. The
1002	1002	Commission may pursue any other remedies available
1003	1003	under federal or the defaulting Member State's law.
1004	1004	3. A Member State may initiate legal action against the
1005	1005	Commission in the United States District Court for the
1006	1006	District of Columbia or the federal district where the
1007	1007	Commission has its principal offices to enforce
1008	1008	compliance with the provisions of the Compact and its
1009	1009	promulgated Rules. The relief sought may include both
1010	1010	injunctive relief and damages. In the event judicial
1011	1011	enforcement is necessary, the prevailing party shall be
1012	1012	awarded all costs of such litigation, including
1013	1013	reasonable attorney's fees.
1014	1014	4. No individual or entity other than a Member State may
1015	1015	enforce this Compact against the Commission.
1016	1016	ARTICLE 13- EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT
1017	1017	A. The Compact shall come into effect on the date on which the
1018	1018	Compact statute is enacted into law in the seventh Member State.
1019	1019	1. On or after the effective date of the Compact, the
1020	1020	Commission shall convene and review the enactment of
1021	1021	each of the Charter Member States to determine if the
1022	1022	statute enacted by each such Charter Member State is
1023	1023	materially different than the model Compact statute.
1024	1024	a. A Charter Member State whose enactment is found to
1025	1025	be materially different from the model Compact
1026	1026	statute shall be entitled to the default process
1027	1027	set forth in Article 12.
1028	1028	b. If any Member State is later found to be in
1029	1029	default, or is terminated or withdraws from the
1030	1030	Compact, the Commission shall remain in existence
1031	1031	and the Compact shall remain in effect even if the
1032	1032	number of Member States should be less than seven
1033	1033	(7).
1034	1034	2. Member States enacting the Compact subsequent to the
1035	1035	Charter Member States shall be subject to the process
1036	1036	set forth in Article 9.C.24 to determine if their
1037	1037	enactments are materially different from the model
1038	1038	Compact statute and whether they qualify for
1039	1039	participation in the Compact.
1040	1040	3. All actions taken for the benefit of the Commission or
1041	1041	in furtherance of the purposes of the administration of
1042	1042	the Compact prior to the effective date of the Compact
1043	1043	or the Commission coming into existence shall be
1044	1044	considered to be actions of the Commission unless
1045	1045	specifically repudiated by the Commission.
1046	1046	4. Any State that joins the Compact shall be subject to the
1047	1047	Commission's Rules and bylaws as they exist on the date
1048	1048	on which the Compact becomes law in that State. Any
1049	1049	Rule that has been previously adopted by the Commission
1050	1050	shall have the full force and effect of law on the day
1051	1051	the Compact becomes law in that State.
1052	1052	B. Any Member State may withdraw from this Compact by enacting a
1053	1053	statute repealing that State's enactment of the Compact.
1054	1054	1. A Member State's withdrawal shall not take effect until
1055	1055	one hundred eighty (180) days after enactment of the
1056	1056	repealing statute.
1057	1057	2. Withdrawal shall not affect the continuing requirement
1058	1058	of the withdrawing State's State Licensing Authority to
1059	1059	comply with the investigative and Adverse Action
1060	1060	reporting requirements of this Compact prior to the
1061	1061	effective date of withdrawal.
1062	1062	3. Upon the enactment of a statute withdrawing from this
1063	1063	Compact, a State shall immediately provide notice of
1064	1064	such withdrawal to all Licensees within that State.
1065	1065	Notwithstanding any subsequent statutory enactment to
1066	1066	the contrary, such withdrawing State shall continue to
1067	1067	recognize all licenses granted pursuant to this Compact
1068	1068	for a minimum of one hundred eighty (180) days after the
1069	1069	date of such notice of withdrawal.
1070	1070	C. Nothing contained in this Compact shall be construed to
1071	1071	invalidate or prevent any licensure agreement or other
1072	1072	cooperative arrangement between a Member State and a non-Member
1073	1073	State that does not conflict with the provisions of this Compact.
1074	1074	D. This Compact may be amended by the Member States. No amendment
1075	1075	to this Compact shall become effective and binding upon any
1076	1076	Member State until it is enacted into the laws of all Member
1077	1077	States.
1078	1078	ARTICLE 14- CONSTRUCTION AND SEVERABILITY
1079	1079	A. This Compact and the Commission's rulemaking authority shall be
1080	1080	liberally construed so as to effectuate the purposes, and the
1081	1081	implementation and administration of the Compact. Provisions of
1082	1082	the Compact expressly authorizing or requiring the promulgation
1083	1083	of Rules shall not be construed to limit the Commission's
1084	1084	rulemaking authority solely for those purposes.
1085	1085	B. The provisions of this Compact shall be severable and if any
1086	1086	phrase, clause, sentence or provision of this Compact is held by
1087	1087	a court of competent jurisdiction to be contrary to the
1088	1088	constitution of any Member State, a State seeking participation
1089	1089	in the Compact, or of the United States, or the applicability
1090	1090	thereof to any government, agency, person or circumstance is
1091	1091	held to be unconstitutional by a court of competent
1092	1092	jurisdiction, the validity of the remainder of this Compact and
1093	1093	the applicability thereof to any other government, agency,
1094	1094	person or circumstance shall not be affected thereby.
1095	1095	C. Notwithstanding Article 14.B, the Commission may deny a State's
1096	1096	participation in the Compact or, in accordance with the
1097	1097	requirements of Article 12, terminate a Member State's
1098	1098	participation in the Compact, if it determines that a
1099	1099	constitutional requirement of a Member State is a material
1100	1100	departure from the Compact. Otherwise, if this Compact shall be
1101	1101	held to be contrary to the constitution of any Member State, the
1102	1102	Compact shall remain in full force and effect as to the remaining
1103	1103	Member States and in full force and effect as to the Member State
1104	1104	affected as to all severable matters.
1105	1105	ARTICLE 15- CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS
1106	1106	A. Nothing herein shall prevent or inhibit the enforcement of any
1107	1107	other law of a Member State that is not inconsistent with the
1108	1108	Compact.
1109	1109	B. Any laws, statutes, regulations, or other legal requirements in
1110	1110	a Member State in conflict with the Compact are superseded to the
1111	1111	extent of the conflict.
1112	1112	C. All permissible agreements between the Commission and the Member
1113	1113	States are binding in accordance with their terms.
1114	1114	Sec. 1604.002. ADMINISTRATION OF COMPACT. The Texas
1115	1115	Department of Licensing and Regulation is the Cosmetology Licensure
1116	1116	Compact administrator for this state.
1117	1117	Sec. 1604.003. RULES. The Texas Commission of Licensing
1118	1118	and Regulation may adopt rules necessary to implement this chapter.
1119	1119	SECTION 2. This Act takes effect September 1, 2026.
1120	1120	______________________________ ______________________________
1121	1121	President of the Senate Speaker of the House
1122	1122	I hereby certify that S.B. No. 1615 passed the Senate on
1123	1123	April 25, 2023, by the following vote: Yeas 30, Nays 0.
1124	1124	______________________________
1125	1125	Secretary of the Senate
1126	1126	I hereby certify that S.B. No. 1615 passed the House on
1127	1127	May 4, 2023, by the following vote: Yeas 145, Nays 0,
1128	1128	one present not voting.
1129	1129	______________________________
1130	1130	Chief Clerk of the House
1131	1131	Approved:
1132	1132	______________________________
1133	1133	Date
1134	1134	______________________________
1135	1135	Governor