Texas 2023 - 88th 1st C.S.

Texas Senate Bill SB20 Compare Versions

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