TX
Texas House Bill HB705

Texas 2025 - 89th Regular

Texas House Bill HB705 Compare Versions

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11 By: Wilson H.B. No. 705
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66 A BILL TO BE ENTITLED
77 AN ACT
88 relating to the Cosmetology Licensure Compact; authorizing fees.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Title 9, Occupations Code, is amended by adding
1111 Chapter 1604 to read as follows:
1212 CHAPTER 1604. COSMETOLOGY LICENSURE COMPACT
1313 Sec. 1604.001. COSMETOLOGY LICENSURE COMPACT. The
1414 Cosmetology Licensure Compact is enacted and entered into with all
1515 other jurisdictions that legally join the compact, which reads as
1616 follows:
1717 COSMETOLOGY LICENSURE COMPACT
1818 ARTICLE 1- PURPOSE
1919 The purpose of this Compact is to facilitate the interstate
2020 practice and regulation of Cosmetology with the goal of improving
2121 public access to, and the safety of, Cosmetology Services and
2222 reducing unnecessary burdens related to Cosmetology licensure.
2323 Through this Compact, the Member States seek to establish a
2424 regulatory framework which provides for a new multistate licensing
2525 program. Through this new licensing program, the Member States
2626 seek to provide increased value and mobility to licensed
2727 Cosmetologists in the Member States, while ensuring the provision
2828 of safe, effective, and reliable services to the public.
2929 This Compact is designed to achieve the following objectives, and
3030 the Member States hereby ratify the same intentions by subscribing
3131 hereto:
32- A. Provide opportunities for interstate practice by Cosmetologists
33- who meet uniform requirements for multistate licensure;
34- B. Enhance the abilities of Member States to protect public health
35- and safety, and prevent fraud and unlicensed activity within the
36- profession;
37- C. Ensure and encourage cooperation between Member States in the
38- licensure and regulation of the Practice of Cosmetology;
32+ A. Provide opportunities for interstate practice by
33+ Cosmetologists who meet uniform requirements for multistate
34+ licensure;
35+ B. Enhance the abilities of Member States to protect public
36+ health and safety, and prevent fraud and unlicensed activity within
37+ the profession;
38+ C. Ensure and encourage cooperation between Member States
39+ in the licensure and regulation of the Practice of Cosmetology;
3940 D. Support relocating military members and their spouses;
40- E. Facilitate the exchange of information between Member States
41- related to the licensure, investigation, and discipline of the
42- Practice of Cosmetology;
43- F. Provide for the licensure and mobility of the workforce in the
44- profession, while addressing the shortage of workers and
41+ E. Facilitate the exchange of information between Member
42+ States related to the licensure, investigation, and discipline of
43+ the Practice of Cosmetology;
44+ F. Provide for the licensure and mobility of the workforce
45+ in the profession, while addressing the shortage of workers and
4546 lessening the associated burdens on the Member States.
4647 ARTICLE 2- DEFINITIONS
4748 As used in this Compact, and except as otherwise provided, the
4849 following definitions shall govern the terms herein:
49- A. "Active Military Member" means any person with full-time duty
50- status in the armed forces of the United States, including
50+ A. "Active Military Member" means any person with full-time
51+ duty status in the armed forces of the United States, including
5152 members of the National Guard and Reserve.
52- B. "Adverse Action" means any administrative, civil, equitable, or
53- criminal action permitted by a Member State's laws which is
54- imposed by a State Licensing Authority or other regulatory body
55- against a Cosmetologist, including actions against an
53+ B. "Adverse Action" means any administrative, civil,
54+ equitable, or criminal action permitted by a Member State's laws
55+ which is imposed by a State Licensing Authority or other regulatory
56+ body against a Cosmetologist, including actions against an
5657 individual's license or Authorization to Practice such as
5758 revocation, suspension, probation, monitoring of the Licensee,
58- limitation of the Licensee's practice, or any other Encumbrance
59- on a license affecting an individual's ability to participate in
60- the Cosmetology industry, including the issuance of a cease and
61- desist order.
59+ limitation of the Licensee's practice, or any other Encumbrance on
60+ a license affecting an individual's ability to participate in the
61+ Cosmetology industry, including the issuance of a cease and desist
62+ order.
6263 C. "Authorization to Practice" means a legal authorization
6364 associated with a Multistate License permitting the Practice of
6465 Cosmetology in that Remote State, which shall be subject to the
65- enforcement jurisdiction of the State Licensing Authority in
66- that Remote State.
67- D. "Alternative Program" means a non-disciplinary monitoring or
68- prosecutorial diversion program approved by a Member State's
69- State Licensing Authority.
70- E. "Background Check" means the submission of information for an
71- applicant for the purpose of obtaining that applicant's criminal
72- history record information, as further defined in 28 C.F.R. §
73- 20.3(d), from the Federal Bureau of Investigation and the agency
74- responsible for retaining State criminal or disciplinary history
75- in the applicant's Home State.
76- F. "Charter Member State" means Member States who have enacted
77- legislation to adopt this Compact where such legislation
66+ enforcement jurisdiction of the State Licensing Authority in that
67+ Remote State.
68+ D. "Alternative Program" means a non-disciplinary
69+ monitoring or prosecutorial diversion program approved by a Member
70+ State's State Licensing Authority.
71+ E. "Background Check" means the submission of information
72+ for an applicant for the purpose of obtaining that applicant's
73+ criminal history record information, as further defined in 28
74+ C.F.R. § 20.3(d), from the Federal Bureau of Investigation and the
75+ agency responsible for retaining State criminal or disciplinary
76+ history in the applicant's Home State.
77+ F. "Charter Member State" means Member States who have
78+ enacted legislation to adopt this Compact where such legislation
7879 predates the effective date of this Compact as defined in Article
7980 13.
80- G. "Commission" means the government agency whose membership
81- consists of all States that have enacted this Compact, which is
82- known as the Cosmetology Licensure Compact Commission, as
83- defined in Article 9, and which shall operate as an
84- instrumentality of the Member States.
85- H. "Cosmetologist" means an individual licensed in their Home State
86- to practice Cosmetology.
87- I. "Cosmetology", "Cosmetology Services", and the "Practice of
88- Cosmetology" mean the care and services provided by a
81+ G. "Commission" means the government agency whose
82+ membership consists of all States that have enacted this Compact,
83+ which is known as the Cosmetology Licensure Compact Commission, as
84+ defined in Article 9, and which shall operate as an instrumentality
85+ of the Member States.
86+ H. "Cosmetologist" means an individual licensed in their
87+ Home State to practice Cosmetology.
88+ I. "Cosmetology", "Cosmetology Services", and the "Practice
89+ of Cosmetology" mean the care and services provided by a
8990 Cosmetologist as set forth in the Member State's statutes and
9091 regulations in the State where the services are being provided.
9192 J. "Current Significant Investigative Information" means:
9293 1. Investigative Information that a State Licensing
93- Authority, after an inquiry or investigation that
94- complies with a Member State's due process
95- requirements, has reason to believe is not groundless
96- and, if proved true, would indicate a violation of that
97- State's laws regarding fraud or the Practice of
98- Cosmetology; or
94+ Authority, after an inquiry or investigation that complies with a
95+ Member State's due process requirements, has reason to believe is
96+ not groundless and, if proved true, would indicate a violation of
97+ that State's laws regarding fraud or the Practice of Cosmetology;
98+ or
9999 2. Investigative Information that indicates that a
100- Licensee has engaged in fraud or represents an
101- immediate threat to public health and safety,
102- regardless of whether the Licensee has been notified
103- and had an opportunity to respond.
104- K. "Data System" means a repository of information about Licensees,
105- including, but not limited to, license status, Investigative
106- Information, and Adverse Actions.
107- L. "Disqualifying Event" means any event which shall disqualify an
108- individual from holding a Multistate License under this Compact,
109- which the Commission may by Rule or order specify.
110- M. "Encumbered License" means a license in which an Adverse Action
111- restricts the Practice of Cosmetology by a Licensee, or where
112- said Adverse Action has been reported to the Commission.
100+ Licensee has engaged in fraud or represents an immediate threat to
101+ public health and safety, regardless of whether the Licensee has
102+ been notified and had an opportunity to respond.
103+ K. "Data System" means a repository of information about
104+ Licensees, including, but not limited to, license status,
105+ Investigative Information, and Adverse Actions.
106+ L. "Disqualifying Event" means any event which shall
107+ disqualify an individual from holding a Multistate License under
108+ this Compact, which the Commission may by Rule or order specify.
109+ M. "Encumbered License" means a license in which an Adverse
110+ Action restricts the Practice of Cosmetology by a Licensee, or
111+ where said Adverse Action has been reported to the Commission.
113112 N. "Encumbrance" means a revocation or suspension of, or any
114- limitation on, the full and unrestricted Practice of Cosmetology
115- by a State Licensing Authority.
116- O. "Executive Committee" means a group of delegates elected or
117- appointed to act on behalf of, and within the powers granted to
113+ limitation on, the full and unrestricted Practice of Cosmetology by
114+ a State Licensing Authority.
115+ O. "Executive Committee" means a group of delegates elected
116+ or appointed to act on behalf of, and within the powers granted to
118117 them by, the Commission.
119118 P. "Home State" means the Member State which is a Licensee's
120- primary State of residence, and where that Licensee holds an
121- active and unencumbered license to practice Cosmetology.
122- Q. "Investigative Information" means information, records, or
123- documents received or generated by a State Licensing Authority
119+ primary State of residence, and where that Licensee holds an active
120+ and unencumbered license to practice Cosmetology.
121+ Q. "Investigative Information" means information, records,
122+ or documents received or generated by a State Licensing Authority
124123 pursuant to an investigation or other inquiry.
125124 R. "Jurisprudence Requirement" means the assessment of an
126- individual's knowledge of the laws and rules governing the
127- Practice of Cosmetology in a State.
128- S. "Licensee" means an individual who currently holds a license
129- from a Member State to practice as a Cosmetologist.
130- T. "Member State" means any State that has adopted this Compact.
131- U. "Multistate License" means a license issued by and subject to
132- the enforcement jurisdiction of the State Licensing Authority in
133- a Licensee's Home State, which authorizes the Practice of
134- Cosmetology in Member States and includes Authorizations to
135- Practice Cosmetology in all Remote States pursuant to this
125+ individual's knowledge of the laws and rules governing the Practice
126+ of Cosmetology in a State.
127+ S. "Licensee" means an individual who currently holds a
128+ license from a Member State to practice as a Cosmetologist.
129+ T. "Member State" means any State that has adopted this
136130 Compact.
137- V. "Remote State" means any Member State, other than the Licensee's
138- Home State.
131+ U. "Multistate License" means a license issued by and
132+ subject to the enforcement jurisdiction of the State Licensing
133+ Authority in a Licensee's Home State, which authorizes the Practice
134+ of Cosmetology in Member States and includes Authorizations to
135+ Practice Cosmetology in all Remote States pursuant to this Compact.
136+ V. "Remote State" means any Member State, other than the
137+ Licensee's Home State.
139138 W. "Rule" means any rule or regulation promulgated by the
140139 Commission under this Compact which has the force of law.
141- X. "Single-State License" means a Cosmetology license issued by a
142- Member State that authorizes practice of Cosmetology only within
143- the issuing State and does not include any authorization outside
144- of the issuing State.
145- Y. "State" means a State, territory, or possession of the United
146- States and the District of Columbia.
147- Z. "State Licensing Authority" means a Member State's regulatory
148- body responsible for issuing Cosmetology licenses or otherwise
149- overseeing the Practice of Cosmetology in that State.
140+ X. "Single-State License" means a Cosmetology license
141+ issued by a Member State that authorizes practice of Cosmetology
142+ only within the issuing State and does not include any
143+ authorization outside of the issuing State.
144+ Y. "State" means a State, territory, or possession of the
145+ United States and the District of Columbia.
146+ Z. "State Licensing Authority" means a Member State's
147+ regulatory body responsible for issuing Cosmetology licenses or
148+ otherwise overseeing the Practice of Cosmetology in that State.
150149 ARTICLE 3- MEMBER STATE REQUIREMENTS
151- A. To be eligible to join this Compact, and to maintain eligibility
152- as a Member State, a State must:
150+ A. To be eligible to join this Compact, and to maintain
151+ eligibility as a Member State, a State must:
153152 1. License and regulate Cosmetology;
154153 2. Have a mechanism or entity in place to receive and
155- investigate complaints about Licensees practicing in
156- that State;
154+ investigate complaints about Licensees practicing in that State;
157155 3. Require that Licensees within the State pass a
158- Cosmetology competency examination prior to being
159- licensed to provide Cosmetology Services to the public
160- in that State;
161- 4. Require that Licensees satisfy educational or training
162- requirements in Cosmetology prior to being licensed to
163- provide Cosmetology Services to the public in that
164- State;
165- 5. Implement procedures for considering one or more of the
166- following categories of information from applicants for
167- licensure: criminal history; disciplinary history; or
168- Background Check. Such procedures may include the
169- submission of information by applicants for the purpose
170- of obtaining an applicant's Background Check as defined
171- herein;
172- 6. Participate in the Data System, including through the
173- use of unique identifying numbers;
174- 7. Share information related to Adverse Actions with the
175- Commission and other Member States, both through the
176- Data System and otherwise;
156+ Cosmetology competency examination prior to being licensed to
157+ provide Cosmetology Services to the public in that State;
158+ 4. Require that Licensees satisfy educational or
159+ training requirements in Cosmetology prior to being licensed to
160+ provide Cosmetology Services to the public in that State;
161+ 5. Implement procedures for considering one or more of
162+ the following categories of information from applicants for
163+ licensure: criminal history; disciplinary history; or Background
164+ Check. Such procedures may include the submission of information by
165+ applicants for the purpose of obtaining an applicant's Background
166+ Check as defined herein;
167+ 6. Participate in the Data System, including through
168+ the use of unique identifying numbers;
169+ 7. Share information related to Adverse Actions with
170+ the Commission and other Member States, both through the Data
171+ System and otherwise;
177172 8. Notify the Commission and other Member States, in
178- compliance with the terms of the Compact and Rules of
179- the Commission, of the existence of Investigative
180- Information or Current Significant Investigative
181- Information in the State's possession regarding a
182- Licensee practicing in that State;
173+ compliance with the terms of the Compact and Rules of the
174+ Commission, of the existence of Investigative Information or
175+ Current Significant Investigative Information in the State's
176+ possession regarding a Licensee practicing in that State;
183177 9. Comply with such Rules as may be enacted by the
184178 Commission to administer the Compact; and
185179 10. Accept Licensees from other Member States as
186180 established herein.
187- B. Member States may charge a fee for granting a license to practice
188- Cosmetology.
189- C. Individuals not residing in a Member State shall continue to be
190- able to apply for a Member State's Single-State License as
181+ B. Member States may charge a fee for granting a license to
182+ practice Cosmetology.
183+ C. Individuals not residing in a Member State shall continue
184+ to be able to apply for a Member State's Single-State License as
191185 provided under the laws of each Member State. However, the
192186 Single-State License granted to these individuals shall not be
193- recognized as granting a Multistate License to provide services
194- in any other Member State.
187+ recognized as granting a Multistate License to provide services in
188+ any other Member State.
195189 D. Nothing in this Compact shall affect the requirements
196190 established by a Member State for the issuance of a Single-State
197191 License.
198- E. A Multistate License issued to a Licensee by a Home State to a
199- resident of that State shall be recognized by each Member State
192+ E. A Multistate License issued to a Licensee by a Home State
193+ to a resident of that State shall be recognized by each Member State
200194 as authorizing a Licensee to practice Cosmetology in each Member
201195 State.
202- F. At no point shall the Commission have the power to define the
203- educational or professional requirements for a license to
196+ F. At no point shall the Commission have the power to define
197+ the educational or professional requirements for a license to
204198 practice Cosmetology. The Member States shall retain sole
205199 jurisdiction over the provision of these requirements.
206200 ARTICLE 4- MULTISTATE LICENSE
207- A. To be eligible to apply to their Home State's State Licensing
208- Authority for an initial Multistate License under this Compact,
209- a Licensee must hold an active and unencumbered Single-State
210- License to practice Cosmetology in their Home State.
211- B. Upon the receipt of an application for a Multistate License,
212- according to the Rules of the Commission, a Member State's State
213- Licensing Authority shall ascertain whether the applicant meets
214- the requirements for a Multistate License under this Compact.
215- C. If an applicant meets the requirements for a Multistate License
216- under this Compact and any applicable Rules of the Commission,
217- the State Licensing Authority in receipt of the application
218- shall, within a reasonable time, grant a Multistate License to
219- that applicant, and inform all Member States of the grant of said
220- Multistate License.
221- D. A Multistate License to practice Cosmetology issued by a Member
222- State's State Licensing Authority shall be recognized by each
223- Member State as authorizing the practice thereof as though that
224- Licensee held a Single-State License to do so in each Member
201+ A. To be eligible to apply to their Home State's State
202+ Licensing Authority for an initial Multistate License under this
203+ Compact, a Licensee must hold an active and unencumbered
204+ Single-State License to practice Cosmetology in their Home State.
205+ B. Upon the receipt of an application for a Multistate
206+ License, according to the Rules of the Commission, a Member State's
207+ State Licensing Authority shall ascertain whether the applicant
208+ meets the requirements for a Multistate License under this Compact.
209+ C. If an applicant meets the requirements for a Multistate
210+ License under this Compact and any applicable Rules of the
211+ Commission, the State Licensing Authority in receipt of the
212+ application shall, within a reasonable time, grant a Multistate
213+ License to that applicant, and inform all Member States of the grant
214+ of said Multistate License.
215+ D. A Multistate License to practice Cosmetology issued by a
216+ Member State's State Licensing Authority shall be recognized by
217+ each Member State as authorizing the practice thereof as though
218+ that Licensee held a Single-State License to do so in each Member
225219 State, subject to the restrictions herein.
226- E. A Multistate License granted pursuant to this Compact may be
227- effective for a definite period of time, concurrent with the
220+ E. A Multistate License granted pursuant to this Compact may
221+ be effective for a definite period of time, concurrent with the
228222 licensure renewal period in the Home State.
229- F. To maintain a Multistate License under this Compact, a Licensee
230- must:
223+ F. To maintain a Multistate License under this Compact, a
224+ Licensee must:
231225 1. Agree to abide by the rules of the State Licensing
232- Authority, and the State scope of practice laws
233- governing the Practice of Cosmetology, of any Member
234- State in which the Licensee provides services;
235- 2. Pay all required fees related to the application and
236- process, and any other fees which the Commission may by
237- Rule require; and
238- 3. Comply with any and all other requirements regarding
239- Multistate Licenses which the Commission may by Rule
226+ Authority, and the State scope of practice laws governing the
227+ Practice of Cosmetology, of any Member State in which the Licensee
228+ provides services;
229+ 2. Pay all required fees related to the application
230+ and process, and any other fees which the Commission may by Rule
231+ require; and
232+ 3. Comply with any and all other requirements
233+ regarding Multistate Licenses which the Commission may by Rule
240234 provide.
241- G. A Licensee practicing in a Member State is subject to all scope
242- of practice laws governing Cosmetology Services in that State.
243- H. The Practice of Cosmetology under a Multistate License granted
244- pursuant to this Compact will subject the Licensee to the
245- jurisdiction of the State Licensing Authority, the courts, and
246- the laws of the Member State in which the Cosmetology Services
247- are provided.
235+ G. A Licensee practicing in a Member State is subject to all
236+ scope of practice laws governing Cosmetology Services in that
237+ State.
238+ H. The Practice of Cosmetology under a Multistate License
239+ granted pursuant to this Compact will subject the Licensee to the
240+ jurisdiction of the State Licensing Authority, the courts, and the
241+ laws of the Member State in which the Cosmetology Services are
242+ provided.
248243 ARTICLE 5- REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME STATE
249- A. A Licensee may hold a Multistate License, issued by their Home
250- State, in only one Member State at any given time.
251- B. If a Licensee changes their Home State by moving between two
252- Member States:
253- 1. The Licensee shall immediately apply for the reissuance
254- of their Multistate License in their new Home State. The
255- Licensee shall pay all applicable fees and notify the
256- prior Home State in accordance with the Rules of the
257- Commission.
258- 2. Upon receipt of an application to reissue a Multistate
259- License, the new Home State shall verify that the
260- Multistate License is active, unencumbered and eligible
261- for reissuance under the terms of the Compact and the
262- Rules of the Commission. The Multistate License issued
263- by the prior Home State will be deactivated and all
264- Member States notified in accordance with the
265- applicable Rules adopted by the Commission.
266- 3. If required for initial licensure, the new Home State
267- may require a Background Check as specified in the laws
268- of that State, or the compliance with any Jurisprudence
269- Requirements of the new Home State.
270- 4. Notwithstanding any other provision of this Compact, if
271- a Licensee does not meet the requirements set forth in
272- this Compact for the reissuance of a Multistate License
273- by the new Home State, then the Licensee shall be
274- subject to the new Home State requirements for the
275- issuance of a Single-State License in that State.
276- C. If a Licensee changes their primary state of residence by moving
277- from a Member State to a non-Member State, or from a non-Member
278- State to a Member State, then the Licensee shall be subject to
279- the State requirements for the issuance of a Single-State
280- License in the new Home State.
244+ A. A Licensee may hold a Multistate License, issued by their
245+ Home State, in only one Member State at any given time.
246+ B. If a Licensee changes their Home State by moving between
247+ two Member States:
248+ 1. The Licensee shall immediately apply for the
249+ reissuance of their Multistate License in their new Home State. The
250+ Licensee shall pay all applicable fees and notify the prior Home
251+ State in accordance with the Rules of the Commission.
252+ 2. Upon receipt of an application to reissue a
253+ Multistate License, the new Home State shall verify that the
254+ Multistate License is active, unencumbered and eligible for
255+ reissuance under the terms of the Compact and the Rules of the
256+ Commission. The Multistate License issued by the prior Home State
257+ will be deactivated and all Member States notified in accordance
258+ with the applicable Rules adopted by the Commission.
259+ 3. If required for initial licensure, the new Home
260+ State may require a Background Check as specified in the laws of
261+ that State, or the compliance with any Jurisprudence Requirements
262+ of the new Home State.
263+ 4. Notwithstanding any other provision of this
264+ Compact, if a Licensee does not meet the requirements set forth in
265+ this Compact for the reissuance of a Multistate License by the new
266+ Home State, then the Licensee shall be subject to the new Home State
267+ requirements for the issuance of a Single-State License in that
268+ State.
269+ C. If a Licensee changes their primary state of residence by
270+ moving from a Member State to a non-Member State, or from a
271+ non-Member State to a Member State, then the Licensee shall be
272+ subject to the State requirements for the issuance of a
273+ Single-State License in the new Home State.
281274 D. Nothing in this Compact shall interfere with a Licensee's
282- ability to hold a Single-State License in multiple States;
283- however, for the purposes of this Compact, a Licensee shall have
284- only one Home State, and only one Multistate License.
285- E. Nothing in this Compact shall interfere with the requirements
286- established by a Member State for the issuance of a Single-State
287- License.
275+ ability to hold a Single-State License in multiple States; however,
276+ for the purposes of this Compact, a Licensee shall have only one
277+ Home State, and only one Multistate License.
278+ E. Nothing in this Compact shall interfere with the
279+ requirements established by a Member State for the issuance of a
280+ Single-State License.
288281 ARTICLE 6- AUTHORITY OF THE COMPACT COMMISSION AND MEMBER STATE
289282 LICENSING AUTHORITIES
290- A. Nothing in this Compact, nor any Rule or regulation of the
291- Commission, shall be construed to limit, restrict, or in any way
283+ A. Nothing in this Compact, nor any Rule or regulation of
284+ the Commission, shall be construed to limit, restrict, or in any way
292285 reduce the ability of a Member State to enact and enforce laws,
293- regulations, or other rules related to the Practice of
294- Cosmetology in that State, where those laws, regulations, or
295- other rules are not inconsistent with the provisions of this
296- Compact.
297- B. Insofar as practical, a Member State's State Licensing Authority
298- shall cooperate with the Commission and with each entity
286+ regulations, or other rules related to the Practice of Cosmetology
287+ in that State, where those laws, regulations, or other rules are not
288+ inconsistent with the provisions of this Compact.
289+ B. Insofar as practical, a Member State's State Licensing
290+ Authority shall cooperate with the Commission and with each entity
299291 exercising independent regulatory authority over the Practice of
300292 Cosmetology according to the provisions of this Compact.
301- C. Discipline shall be the sole responsibility of the State in
302- which Cosmetology Services are provided. Accordingly, each
303- Member State's State Licensing Authority shall be responsible
304- for receiving complaints about individuals practicing
305- Cosmetology in that State, and for communicating all relevant
306- Investigative Information about any such Adverse Action to the
307- other Member States through the Data System in addition to any
308- other methods the Commission may by Rule require.
293+ C. Discipline shall be the sole responsibility of the State
294+ in which Cosmetology Services are provided. Accordingly, each
295+ Member State's State Licensing Authority shall be responsible for
296+ receiving complaints about individuals practicing Cosmetology in
297+ that State, and for communicating all relevant Investigative
298+ Information about any such Adverse Action to the other Member
299+ States through the Data System in addition to any other methods the
300+ Commission may by Rule require.
309301 ARTICLE 7- ADVERSE ACTIONS
310- A. A Licensee's Home State shall have exclusive power to impose an
311- Adverse Action against a Licensee's Multistate License issued by
312- the Home State.
313- B. A Home State may take Adverse Action on a Multistate License
314- based on the Investigative Information, Current Significant
315- Investigative Information, or Adverse Action of a Remote State.
316- C. In addition to the powers conferred by State law, each Remote
317- State's State Licensing Authority shall have the power to:
318- 1. Take Adverse Action against a Licensee's Authorization
319- to Practice Cosmetology through the Multistate License
320- in that Member State, provided that:
302+ A. A Licensee's Home State shall have exclusive power to
303+ impose an Adverse Action against a Licensee's Multistate License
304+ issued by the Home State.
305+ B. A Home State may take Adverse Action on a Multistate
306+ License based on the Investigative Information, Current
307+ Significant Investigative Information, or Adverse Action of a
308+ Remote State.
309+ C. In addition to the powers conferred by State law, each
310+ Remote State's State Licensing Authority shall have the power to:
311+ 1. Take Adverse Action against a Licensee's
312+ Authorization to Practice Cosmetology through the Multistate
313+ License in that Member State, provided that:
321314 a. Only the Licensee's Home State shall have the
322- power to take Adverse Action against the
323- Multistate License issued by the Home State; and
315+ power to take Adverse Action against the Multistate License issued
316+ by the Home State; and
324317 b. For the purposes of taking Adverse Action, the
325- Home State's State Licensing Authority shall give
326- the same priority and effect to reported conduct
327- received from a Remote State as it would if such
328- conduct had occurred within the Home State. In so
329- doing, the Home State shall apply its own State
330- laws to determine the appropriate action.
331- 2. Issue cease and desist orders or impose an Encumbrance
332- on a Licensee's Authorization to Practice within that
318+ Home State's State Licensing Authority shall give the same priority
319+ and effect to reported conduct received from a Remote State as it
320+ would if such conduct had occurred within the Home State. In so
321+ doing, the Home State shall apply its own State laws to determine
322+ the appropriate action.
323+ 2. Issue cease and desist orders or impose an
324+ Encumbrance on a Licensee's Authorization to Practice within that
333325 Member State.
334- 3. Complete any pending investigations of a Licensee who
335- changes their primary state of residence during the
336- course of such an investigation. The State Licensing
337- Authority shall also be empowered to report the results
338- of such an investigation to the Commission through the
339- Data System as described herein.
340- 4. Issue subpoenas for both hearings and investigations
341- that require the attendance and testimony of witnesses,
342- as well as the production of evidence. Subpoenas issued
343- by a State Licensing Authority in a Member State for the
344- attendance and testimony of witnesses or the production
345- of evidence from another Member State shall be enforced
346- in the latter State by any court of competent
347- jurisdiction, according to the practice and procedure
348- of that court applicable to subpoenas issued in
349- proceedings before it. The issuing State Licensing
350- Authority shall pay any witness fees, travel expenses,
351- mileage, and other fees required by the service
352- statutes of the State in which the witnesses or evidence
353- are located.
354- 5. If otherwise permitted by State law, recover from the
355- affected Licensee the costs of investigations and
356- disposition of cases resulting from any Adverse Action
357- taken against that Licensee.
326+ 3. Complete any pending investigations of a Licensee
327+ who changes their primary state of residence during the course of
328+ such an investigation. The State Licensing Authority shall also be
329+ empowered to report the results of such an investigation to the
330+ Commission through the Data System as described herein.
331+ 4. Issue subpoenas for both hearings and
332+ investigations that require the attendance and testimony of
333+ witnesses, as well as the production of evidence. Subpoenas issued
334+ by a State Licensing Authority in a Member State for the attendance
335+ and testimony of witnesses or the production of evidence from
336+ another Member State shall be enforced in the latter State by any
337+ court of competent jurisdiction, according to the practice and
338+ procedure of that court applicable to subpoenas issued in
339+ proceedings before it. The issuing State Licensing Authority shall
340+ pay any witness fees, travel expenses, mileage, and other fees
341+ required by the service statutes of the State in which the witnesses
342+ or evidence are located.
343+ 5. If otherwise permitted by State law, recover from
344+ the affected Licensee the costs of investigations and disposition
345+ of cases resulting from any Adverse Action taken against that
346+ Licensee.
358347 6. Take Adverse Action against the Licensee's
359- Authorization to Practice in that State based on the
360- factual findings of another Remote State.
348+ Authorization to Practice in that State based on the factual
349+ findings of another Remote State.
361350 D. A Licensee's Home State shall complete any pending
362- investigation(s) of a Cosmetologist who changes their primary
363- state of residence during the course of the investigation(s).
364- The Home State shall also have the authority to take appropriate
365- action(s) and shall promptly report the conclusions of the
366- investigations to the Data System.
351+ investigation(s) of a Cosmetologist who changes their primary state
352+ of residence during the course of the investigation(s). The Home
353+ State shall also have the authority to take appropriate action(s)
354+ and shall promptly report the conclusions of the investigations to
355+ the Data System.
367356 E. If an Adverse Action is taken by the Home State against a
368357 Licensee's Multistate License, the Licensee's Authorization to
369- Practice in all other Member States shall be deactivated until
370- all Encumbrances have been removed from the Home State license.
371- All Home State disciplinary orders that impose an Adverse Action
372- against a Licensee's Multistate License shall include a
373- statement that the Cosmetologist's Authorization to Practice is
374- deactivated in all Member States during the pendency of the
375- order.
358+ Practice in all other Member States shall be deactivated until all
359+ Encumbrances have been removed from the Home State license. All
360+ Home State disciplinary orders that impose an Adverse Action
361+ against a Licensee's Multistate License shall include a statement
362+ that the Cosmetologist's Authorization to Practice is deactivated
363+ in all Member States during the pendency of the order.
376364 F. Nothing in this Compact shall override a Member State's
377365 authority to accept a Licensee's participation in an Alternative
378- Program in lieu of Adverse Action. A Licensee's Multistate
379- License shall be suspended for the duration of the Licensee's
380- participation in any Alternative Program.
366+ Program in lieu of Adverse Action. A Licensee's Multistate License
367+ shall be suspended for the duration of the Licensee's participation
368+ in any Alternative Program.
381369 G. Joint Investigations
382- 1. In addition to the authority granted to a Member State
383- by its respective scope of practice laws or other
384- applicable State law, a Member State may participate
385- with other Member States in joint investigations of
386- Licensees.
370+ 1. In addition to the authority granted to a Member
371+ State by its respective scope of practice laws or other applicable
372+ State law, a Member State may participate with other Member States
373+ in joint investigations of Licensees.
387374 2. Member States shall share any investigative,
388- litigation, or compliance materials in furtherance of
389- any joint or individual investigation initiated under
390- the Compact.
375+ litigation, or compliance materials in furtherance of any joint or
376+ individual investigation initiated under the Compact.
391377 ARTICLE 8- ACTIVE MILITARY MEMBERS AND THEIR SPOUSES
392378 Active Military Members, or their spouses, shall designate a Home
393379 State where the individual has a current license to practice
394380 Cosmetology in good standing. The individual may retain their Home
395381 State designation during any period of service when that individual
396382 or their spouse is on active duty assignment.
397383 ARTICLE 9- ESTABLISHMENT AND OPERATION OF THE COSMETOLOGY LICENSURE
398384 COMPACT COMMISSION
399- A. The Compact Member States hereby create and establish a joint
400- government agency whose membership consists of all Member States
401- that have enacted the Compact known as the Cosmetology Licensure
402- Compact Commission. The Commission is an instrumentality of the
403- Compact Member States acting jointly and not an instrumentality
404- of any one State. The Commission shall come into existence on or
405- after the effective date of the Compact as set forth in Article
406- 13.
385+ A. The Compact Member States hereby create and establish a
386+ joint government agency whose membership consists of all Member
387+ States that have enacted the Compact known as the Cosmetology
388+ Licensure Compact Commission. The Commission is an instrumentality
389+ of the Compact Member States acting jointly and not an
390+ instrumentality of any one State. The Commission shall come into
391+ existence on or after the effective date of the Compact as set forth
392+ in Article 13.
407393 B. Membership, Voting, and Meetings
408- 1. Each Member State shall have and be limited to one (1)
409- delegate selected by that Member State’s State
410- Licensing Authority.
394+ 1. Each Member State shall have and be limited to one
395+ (1) delegate selected by that Member State's State Licensing
396+ Authority.
411397 2. The delegate shall be an administrator of the State
412- Licensing Authority of the Member State or their
413- designee.
414- 3. The Commission shall by Rule or bylaw establish a term
415- of office for delegates and may by Rule or bylaw
416- establish term limits.
417- 4. The Commission may recommend removal or suspension of
418- any delegate from office.
419- 5. A Member State’s State Licensing Authority shall fill
420- any vacancy of its delegate occurring on the Commission
421- within 60 days of the vacancy.
398+ Licensing Authority of the Member State or their designee.
399+ 3. The Commission shall by Rule or bylaw establish a
400+ term of office for delegates and may by Rule or bylaw establish term
401+ limits.
402+ 4. The Commission may recommend removal or suspension
403+ of any delegate from office.
404+ 5. A Member State's State Licensing Authority shall
405+ fill any vacancy of its delegate occurring on the Commission within
406+ 60 days of the vacancy.
422407 6. Each delegate shall be entitled to one vote on all
423408 matters that are voted on by the Commission.
424409 7. The Commission shall meet at least once during each
425- calendar year. Additional meetings may be held as set
426- forth in the bylaws. The Commission may meet by
427- telecommunication, video conference or other similar
428- electronic means.
410+ calendar year. Additional meetings may be held as set forth in the
411+ bylaws. The Commission may meet by telecommunication, video
412+ conference or other similar electronic means.
429413 C. The Commission shall have the following powers:
430414 1. Establish the fiscal year of the Commission;
431415 2. Establish code of conduct and conflict of interest
432416 policies;
433417 3. Adopt Rules and bylaws;
434- 4. Maintain its financial records in accordance with the
418+ 4. Maintain its financial records in accordance with
419+ the bylaws;
420+ 5. Meet and take such actions as are consistent with
421+ the provisions of this Compact, the Commission's Rules, and the
435422 bylaws;
436- 5. Meet and take such actions as are consistent with the
437- provisions of this Compact, the Commission’s Rules, and
438- the bylaws;
439- 6. Initiate and conclude legal proceedings or actions in
440- the name of the Commission, provided that the standing
441- of any State Licensing Authority to sue or be sued under
442- applicable law shall not be affected;
443- 7. Maintain and certify records and information provided
444- to a Member State as the authenticated business records
445- of the Commission, and designate an agent to do so on
446- the Commission's behalf;
423+ 6. Initiate and conclude legal proceedings or actions
424+ in the name of the Commission, provided that the standing of any
425+ State Licensing Authority to sue or be sued under applicable law
426+ shall not be affected;
427+ 7. Maintain and certify records and information
428+ provided to a Member State as the authenticated business records of
429+ the Commission, and designate an agent to do so on the Commission's
430+ behalf;
447431 8. Purchase and maintain insurance and bonds;
448- 9. Borrow, accept, or contract for services of personnel,
449- including, but not limited to, employees of a Member
432+ 9. Borrow, accept, or contract for services of
433+ personnel, including, but not limited to, employees of a Member
450434 State;
451435 10. Conduct an annual financial review;
452436 11. Hire employees, elect or appoint officers, fix
453- compensation, define duties, grant such individuals
454- appropriate authority to carry out the purposes of the
455- Compact, and establish the Commission's personnel
456- policies and programs relating to conflicts of
457- interest, qualifications of personnel, and other
437+ compensation, define duties, grant such individuals appropriate
438+ authority to carry out the purposes of the Compact, and establish
439+ the Commission's personnel policies and programs relating to
440+ conflicts of interest, qualifications of personnel, and other
458441 related personnel matters;
459- 12. As set forth in the Commission Rules, charge a fee to a
460- Licensee for the grant of a Multistate License and
461- thereafter, as may be established by Commission Rule,
462- charge the Licensee a Multistate License renewal fee
463- for each renewal period. Nothing herein shall be
464- construed to prevent a Home State from charging a
465- Licensee a fee for a Multistate License or renewals of a
466- Multistate License, or a fee for the jurisprudence
467- requirement if the Member State imposes such a
468- requirement for the grant of a Multistate License;
442+ 12. As set forth in the Commission Rules, charge a fee
443+ to a Licensee for the grant of a Multistate License and thereafter,
444+ as may be established by Commission Rule, charge the Licensee a
445+ Multistate License renewal fee for each renewal period. Nothing
446+ herein shall be construed to prevent a Home State from charging a
447+ Licensee a fee for a Multistate License or renewals of a Multistate
448+ License, or a fee for the jurisprudence requirement if the Member
449+ State imposes such a requirement for the grant of a Multistate
450+ License;
469451 13. Assess and collect fees;
470452 14. Accept any and all appropriate gifts, donations,
471- grants of money, other sources of revenue, equipment,
472- supplies, materials, and services, and receive,
473- utilize, and dispose of the same; provided that at all
474- times the Commission shall avoid any appearance of
475- impropriety or conflict of interest;
476- 15. Lease, purchase, retain, own, hold, improve, or use any
477- property, real, personal, or mixed, or any undivided
453+ grants of money, other sources of revenue, equipment, supplies,
454+ materials, and services, and receive, utilize, and dispose of the
455+ same; provided that at all times the Commission shall avoid any
456+ appearance of impropriety or conflict of interest;
457+ 15. Lease, purchase, retain, own, hold, improve, or
458+ use any property, real, personal, or mixed, or any undivided
478459 interest therein;
479460 16. Sell, convey, mortgage, pledge, lease, exchange,
480- abandon, or otherwise dispose of any property real,
481- personal, or mixed;
461+ abandon, or otherwise dispose of any property real, personal, or
462+ mixed;
482463 17. Establish a budget and make expenditures;
483464 18. Borrow money;
484- 19. Appoint committees, including standing committees,
485- composed of members, State regulators, State
465+ 19. Appoint committees, including standing
466+ committees, composed of members, State regulators, State
486467 legislators or their representatives, and consumer
487- representatives, and such other interested persons as
488- may be designated in this Compact and the bylaws;
489- 20. Provide and receive information from, and cooperate
490- with, law enforcement agencies;
491- 21. Elect a Chair, Vice Chair, Secretary and Treasurer and
492- such other officers of the Commission as provided in the
468+ representatives, and such other interested persons as may be
469+ designated in this Compact and the bylaws;
470+ 20. Provide and receive information from, and
471+ cooperate with, law enforcement agencies;
472+ 21. Elect a Chair, Vice Chair, Secretary and Treasurer
473+ and such other officers of the Commission as provided in the
493474 Commission's bylaws;
494- 22. Establish and elect an Executive Committee, including
495- a chair and a vice chair;
475+ 22. Establish and elect an Executive Committee,
476+ including a chair and a vice chair;
496477 23. Adopt and provide to the Member States an annual
497478 report.
498479 24. Determine whether a State's adopted language is
499- materially different from the model Compact language
500- such that the State would not qualify for participation
501- in the Compact; and
502- 25. Perform such other functions as may be necessary or
503- appropriate to achieve the purposes of this Compact.
480+ materially different from the model Compact language such that the
481+ State would not qualify for participation in the Compact; and
482+ 25. Perform such other functions as may be necessary
483+ or appropriate to achieve the purposes of this Compact.
504484 D. The Executive Committee
505- 1. The Executive Committee shall have the power to act on
506- behalf of the Commission according to the terms of this
507- Compact. The powers, duties, and responsibilities of
508- the Executive Committee shall include:
485+ 1. The Executive Committee shall have the power to act
486+ on behalf of the Commission according to the terms of this Compact.
487+ The powers, duties, and responsibilities of the Executive Committee
488+ shall include:
509489 a. Overseeing the day-to-day activities of the
510- administration of the Compact including
511- compliance with the provisions of the Compact, the
512- Commission's Rules and bylaws, and other such
513- duties as deemed necessary;
490+ administration of the Compact including compliance with the
491+ provisions of the Compact, the Commission's Rules and bylaws, and
492+ other such duties as deemed necessary;
514493 b. Recommending to the Commission changes to the
515- Rules or bylaws, changes to this Compact
516- legislation, fees charged to Compact Member
517- States, fees charged to Licensees, and other fees;
494+ Rules or bylaws, changes to this Compact legislation, fees charged
495+ to Compact Member States, fees charged to Licensees, and other
496+ fees;
518497 c. Ensuring Compact administration services are
519498 appropriately provided, including by contract;
520499 d. Preparing and recommending the budget;
521500 e. Maintaining financial records on behalf of the
522501 Commission;
523- f. Monitoring Compact compliance of Member States
524- and providing compliance reports to the
525- Commission;
526- g. Establishing additional committees as necessary;
502+ f. Monitoring Compact compliance of Member
503+ States and providing compliance reports to the Commission;
504+ g. Establishing additional committees as
505+ necessary;
527506 h. Exercising the powers and duties of the
528- Commission during the interim between Commission
529- meetings, except for adopting or amending Rules,
530- adopting or amending bylaws, and exercising any
531- other powers and duties expressly reserved to the
507+ Commission during the interim between Commission meetings, except
508+ for adopting or amending Rules, adopting or amending bylaws, and
509+ exercising any other powers and duties expressly reserved to the
532510 Commission by Rule or bylaw; and
533- i. Other duties as provided in the Rules or bylaws of
534- the Commission.
511+ i. Other duties as provided in the Rules or
512+ bylaws of the Commission.
535513 2. The Executive Committee shall be composed of up to
536514 seven voting members:
537- a. The chair and vice chair of the Commission and any
538- other members of the Commission who serve on the
539- Executive Committee shall be voting members of the
540- Executive Committee; and
541- b. Other than the chair, vice-chair, secretary and
542- treasurer, the Commission shall elect three
543- voting members from the current membership of the
544- Commission.
545- c. The Commission may elect ex-officio, nonvoting
546- members from a recognized national Cosmetology
547- professional association as approved by the
548- Commission. The Commission's bylaws shall
549- identify qualifying organizations and the manner
550- of appointment if the number of organizations
551- seeking to appoint an ex officio member exceeds
552- the number of members specified in this Article.
553- 3. The Commission may remove any member of the Executive
554- Committee as provided in the Commission's bylaws.
555- 4. The Executive Committee shall meet at least annually.
556- a. Annual Executive Committee meetings, as well as
557- any Executive Committee meeting at which it does
558- not take or intend to take formal action on a
559- matter for which a Commission vote would otherwise
560- be required, shall be open to the public, except
561- that the Executive Committee may meet in a closed,
562- non-public session of a public meeting when
563- dealing with any of the matters covered under
564- Article 9.F.4.
565- b. The Executive Committee shall give five business
566- days advance notice of its public meetings, posted
567- on its website and as determined to provide notice
568- to persons with an interest in the public matters
569- the Executive Committee intends to address at
570- those meetings.
571- 5. The Executive Committee may hold an emergency meeting
572- when acting for the Commission to:
573- a. Meet an imminent threat to public health, safety,
574- or welfare;
515+ a. The chair and vice chair of the Commission and
516+ any other members of the Commission who serve on the Executive
517+ Committee shall be voting members of the Executive Committee; and
518+ b. Other than the chair, vice-chair, secretary
519+ and treasurer, the Commission shall elect three voting members from
520+ the current membership of the Commission.
521+ c. The Commission may elect ex-officio,
522+ nonvoting members from a recognized national Cosmetology
523+ professional association as approved by the Commission. The
524+ Commission's bylaws shall identify qualifying organizations and
525+ the manner of appointment if the number of organizations seeking to
526+ appoint an ex officio member exceeds the number of members
527+ specified in this Article.
528+ 3. The Commission may remove any member of the
529+ Executive Committee as provided in the Commission's bylaws.
530+ 4. The Executive Committee shall meet at least
531+ annually.
532+ a. Annual Executive Committee meetings, as well
533+ as any Executive Committee meeting at which it does not take or
534+ intend to take formal action on a matter for which a Commission vote
535+ would otherwise be required, shall be open to the public, except
536+ that the Executive Committee may meet in a closed, non-public
537+ session of a public meeting when dealing with any of the matters
538+ covered under Article 9.F.4.
539+ b. The Executive Committee shall give five
540+ business days advance notice of its public meetings, posted on its
541+ website and as determined to provide notice to persons with an
542+ interest in the public matters the Executive Committee intends to
543+ address at those meetings.
544+ 5. The Executive Committee may hold an emergency
545+ meeting when acting for the Commission to:
546+ a. Meet an imminent threat to public health,
547+ safety, or welfare;
575548 b. Prevent a loss of Commission or Member State
576549 funds; or
577550 c. Protect public health and safety.
578- E. The Commission shall adopt and provide to the Member States an
579- annual report.
551+ E. The Commission shall adopt and provide to the Member
552+ States an annual report.
580553 F. Meetings of the Commission
581554 1. All meetings of the Commission that are not closed
582- pursuant to Article 9.F.4 shall be open to the public.
583- Notice of public meetings shall be posted on the
584- Commission's website at least thirty (30) days prior to
585- the public meeting.
555+ pursuant to Article 9.F.4 shall be open to the public. Notice of
556+ public meetings shall be posted on the Commission's website at
557+ least thirty (30) days prior to the public meeting.
586558 2. Notwithstanding Article 9.F.1, the Commission may
587- convene an emergency public meeting by providing at
588- least twenty-four (24) hours prior notice on the
589- Commission's website, and any other means as provided in
590- the Commission's Rules, for any of the reasons it may
591- dispense with notice of proposed rulemaking under
592- Article 11.L. The Commission's legal counsel shall
593- certify that one of the reasons justifying an emergency
594- public meeting has been met.
559+ convene an emergency public meeting by providing at least
560+ twenty-four (24) hours prior notice on the Commission's website,
561+ and any other means as provided in the Commission's Rules, for any
562+ of the reasons it may dispense with notice of proposed rulemaking
563+ under Article 11.L. The Commission's legal counsel shall certify
564+ that one of the reasons justifying an emergency public meeting has
565+ been met.
595566 3. Notice of all Commission meetings shall provide the
596- time, date, and location of the meeting, and if the
597- meeting is to be held or accessible via
598- telecommunication, video conference, or other
599- electronic means, the notice shall include the
600- mechanism for access to the meeting.
567+ time, date, and location of the meeting, and if the meeting is to be
568+ held or accessible via telecommunication, video conference, or
569+ other electronic means, the notice shall include the mechanism for
570+ access to the meeting.
601571 4. The Commission may convene in a closed, non-public
602572 meeting for the Commission to discuss:
603573 a. Non-compliance of a Member State with its
604574 obligations under the Compact;
605- b. The employment, compensation, discipline or other
606- matters, practices or procedures related to
607- specific employees or other matters related to the
608- Commission's internal personnel practices and
609- procedures;
610- c. Current or threatened discipline of a Licensee by
611- the Commission or by a Member State's Licensing
612- Authority;
613- d. Current, threatened, or reasonably anticipated
614- litigation;
615- e. Negotiation of contracts for the purchase, lease,
616- or sale of goods, services, or real estate;
575+ b. The employment, compensation, discipline or
576+ other matters, practices or procedures related to specific
577+ employees or other matters related to the Commission's internal
578+ personnel practices and procedures;
579+ c. Current or threatened discipline of a Licensee
580+ by the Commission or by a Member State's Licensing Authority;
581+ d. Current, threatened, or reasonably
582+ anticipated litigation;
583+ e. Negotiation of contracts for the purchase,
584+ lease, or sale of goods, services, or real estate;
617585 f. Accusing any person of a crime or formally
618586 censuring any person;
619587 g. Trade secrets or commercial or financial
620588 information that is privileged or confidential;
621- h. Information of a personal nature where disclosure
622- would constitute a clearly unwarranted invasion
623- of personal privacy;
589+ h. Information of a personal nature where
590+ disclosure would constitute a clearly unwarranted invasion of
591+ personal privacy;
624592 i. Investigative records compiled for law
625593 enforcement purposes;
626- j. Information related to any investigative reports
627- prepared by or on behalf of or for use of the
628- Commission or other committee charged with
629- responsibility of investigation or determination
630- of compliance issues pursuant to the Compact;
594+ j. Information related to any investigative
595+ reports prepared by or on behalf of or for use of the Commission or
596+ other committee charged with responsibility of investigation or
597+ determination of compliance issues pursuant to the Compact;
631598 k. Legal advice;
632- l. Matters specifically exempted from disclosure to
633- the public by federal or Member State law; or
634- m. Other matters as promulgated by the Commission by
635- Rule.
636- 5. If a meeting, or portion of a meeting, is closed, the
637- presiding officer shall state that the meeting will be
638- closed and reference each relevant exempting provision,
639- and such reference shall be recorded in the minutes.
599+ l. Matters specifically exempted from disclosure
600+ to the public by federal or Member State law; or
601+ m. Other matters as promulgated by the Commission
602+ by Rule.
603+ 5. If a meeting, or portion of a meeting, is closed,
604+ the presiding officer shall state that the meeting will be closed
605+ and reference each relevant exempting provision, and such reference
606+ shall be recorded in the minutes.
640607 6. The Commission shall keep minutes that fully and
641- clearly describe all matters discussed in a meeting and
642- shall provide a full and accurate summary of actions
643- taken, and the reasons therefore, including a
644- description of the views expressed. All documents
645- considered in connection with an action shall be
646- identified in such minutes. All minutes and documents
647- of a closed meeting shall remain under seal, subject to
648- release only by a majority vote of the Commission or
649- order of a court of competent jurisdiction.
608+ clearly describe all matters discussed in a meeting and shall
609+ provide a full and accurate summary of actions taken, and the
610+ reasons therefore, including a description of the views expressed.
611+ All documents considered in connection with an action shall be
612+ identified in such minutes. All minutes and documents of a closed
613+ meeting shall remain under seal, subject to release only by a
614+ majority vote of the Commission or order of a court of competent
615+ jurisdiction.
650616 G. Financing of the Commission
651- 1. The Commission shall pay, or provide for the payment
652- of, the reasonable expenses of its establishment,
617+ 1. The Commission shall pay, or provide for the
618+ payment of, the reasonable expenses of its establishment,
653619 organization, and ongoing activities.
654620 2. The Commission may accept any and all appropriate
655- sources of revenue, donations, and grants of money,
656- equipment, supplies, materials, and services.
621+ sources of revenue, donations, and grants of money, equipment,
622+ supplies, materials, and services.
657623 3. The Commission may levy on and collect an annual
658- assessment from each Member State and impose fees on
659- Licensees of Member States to whom it grants a
660- Multistate License to cover the cost of the operations
661- and activities of the Commission and its staff, which
662- must be in a total amount sufficient to cover its annual
663- budget as approved each year for which revenue is not
664- provided by other sources. The aggregate annual
665- assessment amount for Member States shall be allocated
666- based upon a formula that the Commission shall
667- promulgate by Rule.
668- 4. The Commission shall not incur obligations of any kind
669- prior to securing the funds adequate to meet the same;
670- nor shall the Commission pledge the credit of any Member
671- States, except by and with the authority of the Member
672- State.
624+ assessment from each Member State and impose fees on Licensees of
625+ Member States to whom it grants a Multistate License to cover the
626+ cost of the operations and activities of the Commission and its
627+ staff, which must be in a total amount sufficient to cover its
628+ annual budget as approved each year for which revenue is not
629+ provided by other sources. The aggregate annual assessment amount
630+ for Member States shall be allocated based upon a formula that the
631+ Commission shall promulgate by Rule.
632+ 4. The Commission shall not incur obligations of any
633+ kind prior to securing the funds adequate to meet the same; nor
634+ shall the Commission pledge the credit of any Member States, except
635+ by and with the authority of the Member State.
673636 5. The Commission shall keep accurate accounts of all
674- receipts and disbursements. The receipts and
675- disbursements of the Commission shall be subject to the
676- financial review and accounting procedures established
677- under its bylaws. All receipts and disbursements of
678- funds handled by the Commission shall be subject to an
679- annual financial review by a certified or licensed
680- public accountant, and the report of the financial
681- review shall be included in and become part of the
682- annual report of the Commission.
637+ receipts and disbursements. The receipts and disbursements of the
638+ Commission shall be subject to the financial review and accounting
639+ procedures established under its bylaws. All receipts and
640+ disbursements of funds handled by the Commission shall be subject
641+ to an annual financial review by a certified or licensed public
642+ accountant, and the report of the financial review shall be
643+ included in and become part of the annual report of the Commission.
683644 H. Qualified Immunity, Defense, and Indemnification
684- 1. The members, officers, executive director, employees
685- and representatives of the Commission shall be immune
686- from suit and liability, both personally and in their
687- official capacity, for any claim for damage to or loss
688- of property or personal injury or other civil liability
689- caused by or arising out of any actual or alleged act,
690- error, or omission that occurred, or that the person
691- against whom the claim is made had a reasonable basis
692- for believing occurred within the scope of Commission
693- employment, duties or responsibilities; provided that
694- nothing in this paragraph shall be construed to protect
695- any such person from suit or liability for any damage,
696- loss, injury, or liability caused by the intentional or
697- willful or wanton misconduct of that person. The
698- procurement of insurance of any type by the Commission
699- shall not in any way compromise or limit the immunity
700- granted hereunder.
645+ 1. The members, officers, executive director,
646+ employees and representatives of the Commission shall be immune
647+ from suit and liability, both personally and in their official
648+ capacity, for any claim for damage to or loss of property or
649+ personal injury or other civil liability caused by or arising out of
650+ any actual or alleged act, error, or omission that occurred, or that
651+ the person against whom the claim is made had a reasonable basis for
652+ believing occurred within the scope of Commission employment,
653+ duties or responsibilities; provided that nothing in this paragraph
654+ shall be construed to protect any such person from suit or liability
655+ for any damage, loss, injury, or liability caused by the
656+ intentional or willful or wanton misconduct of that person. The
657+ procurement of insurance of any type by the Commission shall not in
658+ any way compromise or limit the immunity granted hereunder.
701659 2. The Commission shall defend any member, officer,
702- executive director, employee, and representative of the
703- Commission in any civil action seeking to impose
704- liability arising out of any actual or alleged act,
705- error, or omission that occurred within the scope of
706- Commission employment, duties, or responsibilities, or
707- as determined by the Commission that the person against
708- whom the claim is made had a reasonable basis for
709- believing occurred within the scope of Commission
710- employment, duties, or responsibilities; provided that
711- nothing herein shall be construed to prohibit that
712- person from retaining their own counsel at their own
713- expense; and provided further, that the actual or
714- alleged act, error, or omission did not result from that
715- person's intentional or willful or wanton misconduct.
716- 3. The Commission shall indemnify and hold harmless any
717- member, officer, executive director, employee, and
718- representative of the Commission for the amount of any
719- settlement or judgment obtained against that person
720- arising out of any actual or alleged act, error, or
721- omission that occurred within the scope of Commission
722- employment, duties, or responsibilities, or that such
723- person had a reasonable basis for believing occurred
724- within the scope of Commission employment, duties, or
725- responsibilities, provided that the actual or alleged
726- act, error, or omission did not result from the
727- intentional or willful or wanton misconduct of that
660+ executive director, employee, and representative of the Commission
661+ in any civil action seeking to impose liability arising out of any
662+ actual or alleged act, error, or omission that occurred within the
663+ scope of Commission employment, duties, or responsibilities, or as
664+ determined by the Commission that the person against whom the claim
665+ is made had a reasonable basis for believing occurred within the
666+ scope of Commission employment, duties, or responsibilities;
667+ provided that nothing herein shall be construed to prohibit that
668+ person from retaining their own counsel at their own expense; and
669+ provided further, that the actual or alleged act, error, or
670+ omission did not result from that person's intentional or willful
671+ or wanton misconduct.
672+ 3. The Commission shall indemnify and hold harmless
673+ any member, officer, executive director, employee, and
674+ representative of the Commission for the amount of any settlement
675+ or judgment obtained against that person arising out of any actual
676+ or alleged act, error, or omission that occurred within the scope of
677+ Commission employment, duties, or responsibilities, or that such
678+ person had a reasonable basis for believing occurred within the
679+ scope of Commission employment, duties, or responsibilities,
680+ provided that the actual or alleged act, error, or omission did not
681+ result from the intentional or willful or wanton misconduct of that
728682 person.
729- 4. Nothing herein shall be construed as a limitation on
730- the liability of any Licensee for professional
731- malpractice or misconduct, which shall be governed
732- solely by any other applicable State laws.
733- 5. Nothing in this Compact shall be interpreted to waive
734- or otherwise abrogate a Member State's State action
735- immunity or State action affirmative defense with
736- respect to antitrust claims under the Sherman Act,
737- Clayton Act, or any other State or federal antitrust or
738- anticompetitive law or regulation.
683+ 4. Nothing herein shall be construed as a limitation
684+ on the liability of any Licensee for professional malpractice or
685+ misconduct, which shall be governed solely by any other applicable
686+ State laws.
687+ 5. Nothing in this Compact shall be interpreted to
688+ waive or otherwise abrogate a Member State's State action immunity
689+ or State action affirmative defense with respect to antitrust
690+ claims under the Sherman Act, Clayton Act, or any other State or
691+ federal antitrust or anticompetitive law or regulation.
739692 6. Nothing in this Compact shall be construed to be a
740- waiver of sovereign immunity by the Member States or by
741- the Commission.
693+ waiver of sovereign immunity by the Member States or by the
694+ Commission.
742695 ARTICLE 10- DATA SYSTEM
743- A. The Commission shall provide for the development, maintenance,
744- operation, and utilization of a coordinated database and
745- reporting system.
746- B. The Commission shall assign each applicant for a Multistate
747- License a unique identifier, as determined by the Rules of the
748- Commission.
696+ A. The Commission shall provide for the development,
697+ maintenance, operation, and utilization of a coordinated database
698+ and reporting system.
699+ B. The Commission shall assign each applicant for a
700+ Multistate License a unique identifier, as determined by the Rules
701+ of the Commission.
749702 C. Notwithstanding any other provision of State law to the
750- contrary, a Member State shall submit a uniform data set to the
751- Data System on all individuals to whom this Compact is applicable
752- as required by the Rules of the Commission, including:
703+ contrary, a Member State shall submit a uniform data set to the Data
704+ System on all individuals to whom this Compact is applicable as
705+ required by the Rules of the Commission, including:
753706 1. Identifying information;
754707 2. Licensure data;
755708 3. Adverse Actions against a license and information
756709 related thereto;
757- 4. Non-confidential information related to Alternative
758- Program participation, the beginning and ending dates
759- of such participation, and other information related to
760- such participation;
710+ 4. Non-confidential information related to
711+ Alternative Program participation, the beginning and ending dates
712+ of such participation, and other information related to such
713+ participation;
761714 5. Any denial of application for licensure, and the
762- reason(s) for such denial (excluding the reporting of
763- any criminal history record information where
764- prohibited by law);
715+ reason(s) for such denial (excluding the reporting of any criminal
716+ history record information where prohibited by law);
765717 6. The existence of Investigative Information;
766718 7. The existence of Current Significant Investigative
767719 Information; and
768720 8. Other information that may facilitate the
769- administration of this Compact or the protection of the
770- public, as determined by the Rules of the Commission.
771- D. The records and information provided to a Member State pursuant
772- to this Compact or through the Data System, when certified by the
773- Commission or an agent thereof, shall constitute the
721+ administration of this Compact or the protection of the public, as
722+ determined by the Rules of the Commission.
723+ D. The records and information provided to a Member State
724+ pursuant to this Compact or through the Data System, when certified
725+ by the Commission or an agent thereof, shall constitute the
774726 authenticated business records of the Commission, and shall be
775727 entitled to any associated hearsay exception in any relevant
776- judicial, quasi-judicial or administrative proceedings in a
777- Member State.
778- E. The existence of Current Significant Investigative Information
779- and the existence of Investigative Information pertaining to a
780- Licensee in any Member State will only be available to other
781- Member States.
782- F. It is the responsibility of the Member States to monitor the
783- database to determine whether Adverse Action has been taken
728+ judicial, quasi-judicial or administrative proceedings in a Member
729+ State.
730+ E. The existence of Current Significant Investigative
731+ Information and the existence of Investigative Information
732+ pertaining to a Licensee in any Member State will only be available
733+ to other Member States.
734+ F. It is the responsibility of the Member States to monitor
735+ the database to determine whether Adverse Action has been taken
784736 against such a Licensee or License applicant. Adverse Action
785737 information pertaining to a Licensee or License applicant in any
786738 Member State will be available to any other Member State.
787- G. Member States contributing information to the Data System may
788- designate information that may not be shared with the public
789- without the express permission of the contributing State.
739+ G. Member States contributing information to the Data
740+ System may designate information that may not be shared with the
741+ public without the express permission of the contributing State.
790742 H. Any information submitted to the Data System that is
791743 subsequently expunged pursuant to federal law or the laws of the
792- Member State contributing the information shall be removed from
793- the Data System.
744+ Member State contributing the information shall be removed from the
745+ Data System.
794746 ARTICLE 11- RULEMAKING
795- A. The Commission shall promulgate reasonable Rules in order to
796- effectively and efficiently implement and administer the
797- purposes and provisions of the Compact. A Rule shall be invalid
798- and have no force or effect only if a court of competent
799- jurisdiction holds that the Rule is invalid because the
800- Commission exercised its rulemaking authority in a manner that
801- is beyond the scope and purposes of the Compact, or the powers
802- granted hereunder, or based upon another applicable standard of
803- review.
804- B. The Rules of the Commission shall have the force of law in each
805- Member State, provided however that where the Rules of the
747+ A. The Commission shall promulgate reasonable Rules in
748+ order to effectively and efficiently implement and administer the
749+ purposes and provisions of the Compact. A Rule shall be invalid and
750+ have no force or effect only if a court of competent jurisdiction
751+ holds that the Rule is invalid because the Commission exercised its
752+ rulemaking authority in a manner that is beyond the scope and
753+ purposes of the Compact, or the powers granted hereunder, or based
754+ upon another applicable standard of review.
755+ B. The Rules of the Commission shall have the force of law in
756+ each Member State, provided however that where the Rules of the
806757 Commission conflict with the laws of the Member State that
807758 establish the Member State's scope of practice laws governing the
808759 Practice of Cosmetology as held by a court of competent
809- jurisdiction, the Rules of the Commission shall be ineffective
810- in that State to the extent of the conflict.
811- C. The Commission shall exercise its rulemaking powers pursuant to
812- the criteria set forth in this Article and the Rules adopted
813- thereunder. Rules shall become binding as of the date specified
814- by the Commission for each Rule.
815- D. If a majority of the legislatures of the Member States rejects a
816- Rule or portion of a Rule, by enactment of a statute or
817- resolution in the same manner used to adopt the Compact within
818- four (4) years of the date of adoption of the Rule, then such Rule
819- shall have no further force and effect in any Member State or to
820- any State applying to participate in the Compact.
821- E. Rules shall be adopted at a regular or special meeting of the
822- Commission.
823- F. Prior to adoption of a proposed Rule, the Commission shall hold a
824- public hearing and allow persons to provide oral and written
825- comments, data, facts, opinions, and arguments.
826- G. Prior to adoption of a proposed Rule by the Commission, and at
827- least thirty (30) days in advance of the meeting at which the
760+ jurisdiction, the Rules of the Commission shall be ineffective in
761+ that State to the extent of the conflict.
762+ C. The Commission shall exercise its rulemaking powers
763+ pursuant to the criteria set forth in this Article and the Rules
764+ adopted thereunder. Rules shall become binding as of the date
765+ specified by the Commission for each Rule.
766+ D. If a majority of the legislatures of the Member States
767+ rejects a Rule or portion of a Rule, by enactment of a statute or
768+ resolution in the same manner used to adopt the Compact within four
769+ (4) years of the date of adoption of the Rule, then such Rule shall
770+ have no further force and effect in any Member State or to any State
771+ applying to participate in the Compact.
772+ E. Rules shall be adopted at a regular or special meeting of
773+ the Commission.
774+ F. Prior to adoption of a proposed Rule, the Commission
775+ shall hold a public hearing and allow persons to provide oral and
776+ written comments, data, facts, opinions, and arguments.
777+ G. Prior to adoption of a proposed Rule by the Commission,
778+ and at least thirty (30) days in advance of the meeting at which the
828779 Commission will hold a public hearing on the proposed Rule, the
829780 Commission shall provide a notice of proposed rulemaking:
830781 1. On the website of the Commission or other publicly
831782 accessible platform;
832783 2. To persons who have requested notice of the
833784 Commission's notices of proposed rulemaking; and
834785 3. In such other way(s) as the Commission may by Rule
835786 specify.
836787 H. The notice of proposed rulemaking shall include:
837- 1. The time, date, and location of the public hearing at
838- which the Commission will hear public comments on the
839- proposed Rule and, if different, the time, date, and
840- location of the meeting where the Commission will
841- consider and vote on the proposed Rule;
788+ 1. The time, date, and location of the public hearing
789+ at which the Commission will hear public comments on the proposed
790+ Rule and, if different, the time, date, and location of the meeting
791+ where the Commission will consider and vote on the proposed Rule;
842792 2. If the hearing is held via telecommunication, video
843- conference, or other electronic means, the Commission
844- shall include the mechanism for access to the hearing in
845- the notice of proposed rulemaking;
846- 3. The text of the proposed Rule and the reason therefor;
793+ conference, or other electronic means, the Commission shall include
794+ the mechanism for access to the hearing in the notice of proposed
795+ rulemaking;
796+ 3. The text of the proposed Rule and the reason
797+ therefor;
847798 4. A request for comments on the proposed Rule from any
848799 interested person; and
849800 5. The manner in which interested persons may submit
850801 written comments.
851- I. All hearings will be recorded. A copy of the recording and all
852- written comments and documents received by the Commission in
853- response to the proposed Rule shall be available to the public.
802+ I. All hearings will be recorded. A copy of the recording
803+ and all written comments and documents received by the Commission
804+ in response to the proposed Rule shall be available to the public.
854805 J. Nothing in this Article shall be construed as requiring a
855806 separate hearing on each Rule. Rules may be grouped for the
856- convenience of the Commission at hearings required by this
857- Article.
858- K. The Commission shall, by majority vote of all members, take
859- final action on the proposed Rule based on the rulemaking record
860- and the full text of the Rule.
861- 1. The Commission may adopt changes to the proposed Rule
862- provided the changes do not enlarge the original
863- purpose of the proposed Rule.
807+ convenience of the Commission at hearings required by this Article.
808+ K. The Commission shall, by majority vote of all members,
809+ take final action on the proposed Rule based on the rulemaking
810+ record and the full text of the Rule.
811+ 1. The Commission may adopt changes to the proposed
812+ Rule provided the changes do not enlarge the original purpose of the
813+ proposed Rule.
864814 2. The Commission shall provide an explanation of the
865- reasons for substantive changes made to the proposed
866- Rule as well as reasons for substantive changes not made
867- that were recommended by commenters.
868- 3. The Commission shall determine a reasonable effective
869- date for the Rule. Except for an emergency as provided
870- in Article 11.L, the effective date of the Rule shall be
871- no sooner than forty-five (45) days after the
872- Commission issuing the notice that it adopted or
873- amended the Rule.
874- L. Upon determination that an emergency exists, the Commission may
875- consider and adopt an emergency Rule with five (5) days' notice,
876- with opportunity to comment, provided that the usual rulemaking
877- procedures provided in the Compact and in this Article shall be
878- retroactively applied to the Rule as soon as reasonably
815+ reasons for substantive changes made to the proposed Rule as well as
816+ reasons for substantive changes not made that were recommended by
817+ commenters.
818+ 3. The Commission shall determine a reasonable
819+ effective date for the Rule. Except for an emergency as provided in
820+ Article 11.L, the effective date of the Rule shall be no sooner than
821+ forty-five (45) days after the Commission issuing the notice that
822+ it adopted or amended the Rule.
823+ L. Upon determination that an emergency exists, the
824+ Commission may consider and adopt an emergency Rule with five (5)
825+ days' notice, with opportunity to comment, provided that the usual
826+ rulemaking procedures provided in the Compact and in this Article
827+ shall be retroactively applied to the Rule as soon as reasonably
879828 possible, in no event later than ninety (90) days after the
880- effective date of the Rule. For the purposes of this provision,
881- an emergency Rule is one that must be adopted immediately to:
882- 1. Meet an imminent threat to public health, safety, or
883- welfare;
829+ effective date of the Rule. For the purposes of this provision, an
830+ emergency Rule is one that must be adopted immediately to:
831+ 1. Meet an imminent threat to public health, safety,
832+ or welfare;
884833 2. Prevent a loss of Commission or Member State funds;
885- 3. Meet a deadline for the promulgation of a Rule that is
886- established by federal law or rule; or
834+ 3. Meet a deadline for the promulgation of a Rule that
835+ is established by federal law or rule; or
887836 4. Protect public health and safety.
888- M. The Commission or an authorized committee of the Commission may
889- direct revisions to a previously adopted Rule for purposes of
890- correcting typographical errors, errors in format, errors in
891- consistency, or grammatical errors. Public notice of any
837+ M. The Commission or an authorized committee of the
838+ Commission may direct revisions to a previously adopted Rule for
839+ purposes of correcting typographical errors, errors in format,
840+ errors in consistency, or grammatical errors. Public notice of any
892841 revisions shall be posted on the website of the Commission. The
893- revision shall be subject to challenge by any person for a period
894- of thirty (30) days after posting. The revision may be
895- challenged only on grounds that the revision results in a
896- material change to a Rule. A challenge shall be made in writing
897- and delivered to the Commission prior to the end of the notice
898- period. If no challenge is made, the revision will take effect
899- without further action. If the revision is challenged, the
900- revision may not take effect without the approval of the
901- Commission.
902- N. No Member State's rulemaking requirements shall apply under this
903- Compact.
842+ revision shall be subject to challenge by any person for a period of
843+ thirty (30) days after posting. The revision may be challenged only
844+ on grounds that the revision results in a material change to a Rule.
845+ A challenge shall be made in writing and delivered to the Commission
846+ prior to the end of the notice period. If no challenge is made, the
847+ revision will take effect without further action. If the revision
848+ is challenged, the revision may not take effect without the
849+ approval of the Commission.
850+ N. No Member State's rulemaking requirements shall apply
851+ under this Compact.
904852 ARTICLE 12- OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
905853 A. Oversight
906854 1. The executive and judicial branches of State
907- government in each Member State shall enforce this
908- Compact and take all actions necessary and appropriate
909- to implement the Compact.
910- 2. Venue is proper and judicial proceedings by or against
911- the Commission shall be brought solely and exclusively
912- in a court of competent jurisdiction where the
913- principal office of the Commission is located. The
914- Commission may waive venue and jurisdictional defenses
915- to the extent it adopts or consents to participate in
916- alternative dispute resolution proceedings. Nothing
917- herein shall affect or limit the selection or propriety
918- of venue in any action against a Licensee for
919- professional malpractice, misconduct or any such
920- similar matter.
921- 3. The Commission shall be entitled to receive service of
922- process in any proceeding regarding the enforcement or
923- interpretation of the Compact and shall have standing
924- to intervene in such a proceeding for all purposes.
925- Failure to provide the Commission service of process
926- shall render a judgment or order void as to the
927- Commission, this Compact, or promulgated Rules.
855+ government in each Member State shall enforce this Compact and take
856+ all actions necessary and appropriate to implement the Compact.
857+ 2. Venue is proper and judicial proceedings by or
858+ against the Commission shall be brought solely and exclusively in a
859+ court of competent jurisdiction where the principal office of the
860+ Commission is located. The Commission may waive venue and
861+ jurisdictional defenses to the extent it adopts or consents to
862+ participate in alternative dispute resolution proceedings.
863+ Nothing herein shall affect or limit the selection or propriety of
864+ venue in any action against a Licensee for professional
865+ malpractice, misconduct or any such similar matter.
866+ 3. The Commission shall be entitled to receive service
867+ of process in any proceeding regarding the enforcement or
868+ interpretation of the Compact and shall have standing to intervene
869+ in such a proceeding for all purposes. Failure to provide the
870+ Commission service of process shall render a judgment or order void
871+ as to the Commission, this Compact, or promulgated Rules.
928872 B. Default, Technical Assistance, and Termination
929- 1. If the Commission determines that a Member State has
930- defaulted in the performance of its obligations or
931- responsibilities under this Compact or the promulgated
932- Rules, the Commission shall provide written notice to
933- the defaulting State. The notice of default shall
934- describe the default, the proposed means of curing the
935- default, and any other action that the Commission may
936- take, and shall offer training and specific technical
937- assistance regarding the default.
873+ 1. If the Commission determines that a Member State
874+ has defaulted in the performance of its obligations or
875+ responsibilities under this Compact or the promulgated Rules, the
876+ Commission shall provide written notice to the defaulting State.
877+ The notice of default shall describe the default, the proposed
878+ means of curing the default, and any other action that the
879+ Commission may take, and shall offer training and specific
880+ technical assistance regarding the default.
938881 2. The Commission shall provide a copy of the notice of
939882 default to the other Member States.
940883 3. If a State in default fails to cure the default, the
941- defaulting State may be terminated from the Compact
942- upon an affirmative vote of a majority of the delegates
943- of the Member States, and all rights, privileges and
944- benefits conferred on that State by this Compact may be
945- terminated on the effective date of termination. A cure
946- of the default does not relieve the offending State of
947- obligations or liabilities incurred during the period
948- of default.
884+ defaulting State may be terminated from the Compact upon an
885+ affirmative vote of a majority of the delegates of the Member
886+ States, and all rights, privileges and benefits conferred on that
887+ State by this Compact may be terminated on the effective date of
888+ termination. A cure of the default does not relieve the offending
889+ State of obligations or liabilities incurred during the period of
890+ default.
949891 4. Termination of membership in the Compact shall be
950- imposed only after all other means of securing
951- compliance have been exhausted. Notice of intent to
952- suspend or terminate shall be given by the Commission to
953- the governor, the majority and minority leaders of the
954- defaulting State's legislature, the defaulting State's
955- State Licensing Authority and each of the Member States'
892+ imposed only after all other means of securing compliance have been
893+ exhausted. Notice of intent to suspend or terminate shall be given
894+ by the Commission to the governor, the majority and minority
895+ leaders of the defaulting State's legislature, the defaulting
896+ State's State Licensing Authority and each of the Member States'
956897 State Licensing Authority.
957- 5. A State that has been terminated is responsible for all
958- assessments, obligations, and liabilities incurred
959- through the effective date of termination, including
960- obligations that extend beyond the effective date of
898+ 5. A State that has been terminated is responsible for
899+ all assessments, obligations, and liabilities incurred through the
900+ effective date of termination, including obligations that extend
901+ beyond the effective date of termination.
902+ 6. Upon the termination of a State's membership from
903+ this Compact, that State shall immediately provide notice to all
904+ Licensees who hold a Multistate License within that State of such
905+ termination. The terminated State shall continue to recognize all
906+ licenses granted pursuant to this Compact for a minimum of one
907+ hundred eighty (180) days after the date of said notice of
961908 termination.
962- 6. Upon the termination of a State's membership from this
963- Compact, that State shall immediately provide notice to
964- all Licensees who hold a Multistate License within that
965- State of such termination. The terminated State shall
966- continue to recognize all licenses granted pursuant to
967- this Compact for a minimum of one hundred eighty (180)
968- days after the date of said notice of termination.
969909 7. The Commission shall not bear any costs related to a
970- State that is found to be in default or that has been
971- terminated from the Compact, unless agreed upon in
972- writing between the Commission and the defaulting
973- State.
910+ State that is found to be in default or that has been terminated
911+ from the Compact, unless agreed upon in writing between the
912+ Commission and the defaulting State.
974913 8. The defaulting State may appeal the action of the
975- Commission by petitioning the United States District
976- Court for the District of Columbia or the federal
977- district where the Commission has its principal
978- offices. The prevailing party shall be awarded all
979- costs of such litigation, including reasonable
980- attorney's fees.
914+ Commission by petitioning the United States District Court for the
915+ District of Columbia or the federal district where the Commission
916+ has its principal offices. The prevailing party shall be awarded
917+ all costs of such litigation, including reasonable attorney's fees.
981918 C. Dispute Resolution
982- 1. Upon request by a Member State, the Commission shall
983- attempt to resolve disputes related to the Compact that
984- arise among Member States and between Member and
985- non-Member States.
986- 2. The Commission shall promulgate a Rule providing for
987- both mediation and binding dispute resolution for
988- disputes as appropriate.
919+ 1. Upon request by a Member State, the Commission
920+ shall attempt to resolve disputes related to the Compact that arise
921+ among Member States and between Member and non-Member States.
922+ 2. The Commission shall promulgate a Rule providing
923+ for both mediation and binding dispute resolution for disputes as
924+ appropriate.
989925 D. Enforcement
990926 1. The Commission, in the reasonable exercise of its
991- discretion, shall enforce the provisions of this
992- Compact and the Commission's Rules.
993- 2. By majority vote as provided by Commission Rule, the
994- Commission may initiate legal action against a Member
995- State in default in the United States District Court for
996- the District of Columbia or the federal district where
997- the Commission has its principal offices to enforce
998- compliance with the provisions of the Compact and its
999- promulgated Rules. The relief sought may include both
1000- injunctive relief and damages. In the event judicial
1001- enforcement is necessary, the prevailing party shall be
1002- awarded all costs of such litigation, including
1003- reasonable attorney's fees. The remedies herein shall
1004- not be the exclusive remedies of the Commission. The
1005- Commission may pursue any other remedies available
927+ discretion, shall enforce the provisions of this Compact and the
928+ Commission's Rules.
929+ 2. By majority vote as provided by Commission Rule,
930+ the Commission may initiate legal action against a Member State in
931+ default in the United States District Court for the District of
932+ Columbia or the federal district where the Commission has its
933+ principal offices to enforce compliance with the provisions of the
934+ Compact and its promulgated Rules. The relief sought may include
935+ both injunctive relief and damages. In the event judicial
936+ enforcement is necessary, the prevailing party shall be awarded all
937+ costs of such litigation, including reasonable attorney's fees.
938+ The remedies herein shall not be the exclusive remedies of the
939+ Commission. The Commission may pursue any other remedies available
1006940 under federal or the defaulting Member State's law.
1007- 3. A Member State may initiate legal action against the
1008- Commission in the United States District Court for the
1009- District of Columbia or the federal district where the
1010- Commission has its principal offices to enforce
1011- compliance with the provisions of the Compact and its
1012- promulgated Rules. The relief sought may include both
1013- injunctive relief and damages. In the event judicial
1014- enforcement is necessary, the prevailing party shall be
1015- awarded all costs of such litigation, including
1016- reasonable attorney's fees.
1017- 4. No individual or entity other than a Member State may
1018- enforce this Compact against the Commission.
941+ 3. A Member State may initiate legal action against
942+ the Commission in the United States District Court for the District
943+ of Columbia or the federal district where the Commission has its
944+ principal offices to enforce compliance with the provisions of the
945+ Compact and its promulgated Rules. The relief sought may include
946+ both injunctive relief and damages. In the event judicial
947+ enforcement is necessary, the prevailing party shall be awarded all
948+ costs of such litigation, including reasonable attorney's fees.
949+ 4. No individual or entity other than a Member State
950+ may enforce this Compact against the Commission.
1019951 ARTICLE 13- EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT
1020- A. The Compact shall come into effect on the date on which the
1021- Compact statute is enacted into law in the seventh Member State.
952+ A. The Compact shall come into effect on the date on which
953+ the Compact statute is enacted into law in the seventh Member State.
1022954 1. On or after the effective date of the Compact, the
1023- Commission shall convene and review the enactment of
1024- each of the Charter Member States to determine if the
1025- statute enacted by each such Charter Member State is
1026- materially different than the model Compact statute.
1027- a. A Charter Member State whose enactment is found to
1028- be materially different from the model Compact
1029- statute shall be entitled to the default process
1030- set forth in Article 12.
955+ Commission shall convene and review the enactment of each of the
956+ Charter Member States to determine if the statute enacted by each
957+ such Charter Member State is materially different than the model
958+ Compact statute.
959+ a. A Charter Member State whose enactment is
960+ found to be materially different from the model Compact statute
961+ shall be entitled to the default process set forth in Article 12.
1031962 b. If any Member State is later found to be in
1032- default, or is terminated or withdraws from the
1033- Compact, the Commission shall remain in existence
1034- and the Compact shall remain in effect even if the
1035- number of Member States should be less than seven
1036- (7).
1037- 2. Member States enacting the Compact subsequent to the
1038- Charter Member States shall be subject to the process
1039- set forth in Article 9.C.24 to determine if their
1040- enactments are materially different from the model
1041- Compact statute and whether they qualify for
1042- participation in the Compact.
1043- 3. All actions taken for the benefit of the Commission or
1044- in furtherance of the purposes of the administration of
1045- the Compact prior to the effective date of the Compact
1046- or the Commission coming into existence shall be
1047- considered to be actions of the Commission unless
1048- specifically repudiated by the Commission.
1049- 4. Any State that joins the Compact shall be subject to the
1050- Commission's Rules and bylaws as they exist on the date
1051- on which the Compact becomes law in that State. Any
1052- Rule that has been previously adopted by the Commission
1053- shall have the full force and effect of law on the day
1054- the Compact becomes law in that State.
1055- B. Any Member State may withdraw from this Compact by enacting a
1056- statute repealing that State's enactment of the Compact.
1057- 1. A Member State's withdrawal shall not take effect until
1058- one hundred eighty (180) days after enactment of the
963+ default, or is terminated or withdraws from the Compact, the
964+ Commission shall remain in existence and the Compact shall remain
965+ in effect even if the number of Member States should be less than
966+ seven (7).
967+ 2. Member States enacting the Compact subsequent to
968+ the Charter Member States shall be subject to the process set forth
969+ in Article 9.C.24 to determine if their enactments are materially
970+ different from the model Compact statute and whether they qualify
971+ for participation in the Compact.
972+ 3. All actions taken for the benefit of the Commission
973+ or in furtherance of the purposes of the administration of the
974+ Compact prior to the effective date of the Compact or the Commission
975+ coming into existence shall be considered to be actions of the
976+ Commission unless specifically repudiated by the Commission.
977+ 4. Any State that joins the Compact shall be subject to
978+ the Commission's Rules and bylaws as they exist on the date on which
979+ the Compact becomes law in that State. Any Rule that has been
980+ previously adopted by the Commission shall have the full force and
981+ effect of law on the day the Compact becomes law in that State.
982+ B. Any Member State may withdraw from this Compact by
983+ enacting a statute repealing that State's enactment of the Compact.
984+ 1. A Member State's withdrawal shall not take effect
985+ until one hundred eighty (180) days after enactment of the
1059986 repealing statute.
1060- 2. Withdrawal shall not affect the continuing requirement
1061- of the withdrawing State's State Licensing Authority to
1062- comply with the investigative and Adverse Action
1063- reporting requirements of this Compact prior to the
1064- effective date of withdrawal.
1065- 3. Upon the enactment of a statute withdrawing from this
1066- Compact, a State shall immediately provide notice of
1067- such withdrawal to all Licensees within that State.
1068- Notwithstanding any subsequent statutory enactment to
1069- the contrary, such withdrawing State shall continue to
1070- recognize all licenses granted pursuant to this Compact
1071- for a minimum of one hundred eighty (180) days after the
1072- date of such notice of withdrawal.
987+ 2. Withdrawal shall not affect the continuing
988+ requirement of the withdrawing State's State Licensing Authority to
989+ comply with the investigative and Adverse Action reporting
990+ requirements of this Compact prior to the effective date of
991+ withdrawal.
992+ 3. Upon the enactment of a statute withdrawing from
993+ this Compact, a State shall immediately provide notice of such
994+ withdrawal to all Licensees within that State. Notwithstanding any
995+ subsequent statutory enactment to the contrary, such withdrawing
996+ State shall continue to recognize all licenses granted pursuant to
997+ this Compact for a minimum of one hundred eighty (180) days after
998+ the date of such notice of withdrawal.
1073999 C. Nothing contained in this Compact shall be construed to
1074- invalidate or prevent any licensure agreement or other
1075- cooperative arrangement between a Member State and a non-Member
1076- State that does not conflict with the provisions of this Compact.
1077- D. This Compact may be amended by the Member States. No amendment
1078- to this Compact shall become effective and binding upon any
1079- Member State until it is enacted into the laws of all Member
1000+ invalidate or prevent any licensure agreement or other cooperative
1001+ arrangement between a Member State and a non-Member State that does
1002+ not conflict with the provisions of this Compact.
1003+ D. This Compact may be amended by the Member States. No
1004+ amendment to this Compact shall become effective and binding upon
1005+ any Member State until it is enacted into the laws of all Member
10801006 States.
10811007 ARTICLE 14- CONSTRUCTION AND SEVERABILITY
1082- A. This Compact and the Commission's rulemaking authority shall be
1083- liberally construed so as to effectuate the purposes, and the
1084- implementation and administration of the Compact. Provisions of
1085- the Compact expressly authorizing or requiring the promulgation
1008+ A. This Compact and the Commission's rulemaking authority
1009+ shall be liberally construed so as to effectuate the purposes, and
1010+ the implementation and administration of the Compact. Provisions
1011+ of the Compact expressly authorizing or requiring the promulgation
10861012 of Rules shall not be construed to limit the Commission's
10871013 rulemaking authority solely for those purposes.
1088- B. The provisions of this Compact shall be severable and if any
1089- phrase, clause, sentence or provision of this Compact is held by
1014+ B. The provisions of this Compact shall be severable and if
1015+ any phrase, clause, sentence or provision of this Compact is held by
10901016 a court of competent jurisdiction to be contrary to the
1091- constitution of any Member State, a State seeking participation
1092- in the Compact, or of the United States, or the applicability
1093- thereof to any government, agency, person or circumstance is
1094- held to be unconstitutional by a court of competent
1095- jurisdiction, the validity of the remainder of this Compact and
1096- the applicability thereof to any other government, agency,
1097- person or circumstance shall not be affected thereby.
1098- C. Notwithstanding Article 14.B, the Commission may deny a State's
1099- participation in the Compact or, in accordance with the
1017+ constitution of any Member State, a State seeking participation in
1018+ the Compact, or of the United States, or the applicability thereof
1019+ to any government, agency, person or circumstance is held to be
1020+ unconstitutional by a court of competent jurisdiction, the validity
1021+ of the remainder of this Compact and the applicability thereof to
1022+ any other government, agency, person or circumstance shall not be
1023+ affected thereby.
1024+ C. Notwithstanding Article 14.B, the Commission may deny a
1025+ State's participation in the Compact or, in accordance with the
11001026 requirements of Article 12, terminate a Member State's
11011027 participation in the Compact, if it determines that a
11021028 constitutional requirement of a Member State is a material
11031029 departure from the Compact. Otherwise, if this Compact shall be
11041030 held to be contrary to the constitution of any Member State, the
11051031 Compact shall remain in full force and effect as to the remaining
11061032 Member States and in full force and effect as to the Member State
11071033 affected as to all severable matters.
11081034 ARTICLE 15- CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS
1109- A. Nothing herein shall prevent or inhibit the enforcement of any
1110- other law of a Member State that is not inconsistent with the
1035+ A. Nothing herein shall prevent or inhibit the enforcement
1036+ of any other law of a Member State that is not inconsistent with the
11111037 Compact.
1112- B. All permissible agreements between the Commission and the Member
1113- States are binding in accordance with their terms.
1038+ B. All permissible agreements between the Commission and
1039+ the Member States are binding in accordance with their terms.
11141040 Sec. 1604.002. ADMINISTRATION OF COMPACT. The Texas
11151041 Department of Licensing and Regulation is the Cosmetology Licensure
11161042 Compact administrator for this state.
11171043 Sec. 1604.003. RULES. The Texas Commission of Licensing
11181044 and Regulation may adopt rules necessary to implement this chapter.
11191045 SECTION 2. This Act takes effect September 1, 2026.