Texas 2025 - 89th Regular

Texas Senate Bill SB1905 Compare Versions

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Old	New	Differences
1	1	89R1956 SCP-F
2	2	By: Zaffirini S.B. No. 1905
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6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the Cosmetology Licensure Compact; authorizing fees.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Title 9, Occupations Code, is amended by adding
12	12	Chapter 1604 to read as follows:
13	13	CHAPTER 1604. COSMETOLOGY LICENSURE COMPACT
14	14	Sec. 1604.001. COSMETOLOGY LICENSURE COMPACT. The
15	15	Cosmetology Licensure Compact is enacted and entered into with all
16	16	other jurisdictions that legally join the compact, which reads as
17	17	follows:
18	18	COSMETOLOGY LICENSURE COMPACT
19	19	ARTICLE 1- PURPOSE
20	20	The purpose of this Compact is to facilitate the interstate
21	21	practice and regulation of Cosmetology with the goal of improving
22	22	public access to, and the safety of, Cosmetology Services and
23	23	reducing unnecessary burdens related to Cosmetology licensure.
24	24	Through this Compact, the Member States seek to establish a
25	25	regulatory framework which provides for a new multistate licensing
26	26	program. Through this new licensing program, the Member States
27	27	seek to provide increased value and mobility to licensed
28	28	Cosmetologists in the Member States, while ensuring the provision
29	29	of safe, effective, and reliable services to the public.
30	30	This Compact is designed to achieve the following objectives, and
31	31	the Member States hereby ratify the same intentions by subscribing
32	32	hereto:
33	33	A. Provide opportunities for interstate practice by Cosmetologists
34	34	who meet uniform requirements for multistate licensure;
35	35	B. Enhance the abilities of Member States to protect public health
36	36	and safety, and prevent fraud and unlicensed activity within the
37	37	profession;
38	38	C. Ensure and encourage cooperation between Member States in the
39	39	licensure and regulation of the Practice of Cosmetology;
40	40	D. Support relocating military members and their spouses;
41	41	E. Facilitate the exchange of information between Member States
42	42	related to the licensure, investigation, and discipline of the
43	43	Practice of Cosmetology;
44	44	F. Provide for the licensure and mobility of the workforce in the
45	45	profession, while addressing the shortage of workers and
46	46	lessening the associated burdens on the Member States.
47	47	ARTICLE 2- DEFINITIONS
48	48	As used in this Compact, and except as otherwise provided, the
49	49	following definitions shall govern the terms herein:
50	50	A. "Active Military Member" means any person with full-time duty
51	51	status in the armed forces of the United States, including
52	52	members of the National Guard and Reserve.
53	53	B. "Adverse Action" means any administrative, civil, equitable, or
54	54	criminal action permitted by a Member State's laws which is
55	55	imposed by a State Licensing Authority or other regulatory body
56	56	against a Cosmetologist, including actions against an
57	57	individual's license or Authorization to Practice such as
58	58	revocation, suspension, probation, monitoring of the Licensee,
59	59	limitation of the Licensee's practice, or any other Encumbrance
60	60	on a license affecting an individual's ability to participate in
61	61	the Cosmetology industry, including the issuance of a cease and
62	62	desist order.
63	63	C. "Authorization to Practice" means a legal authorization
64	64	associated with a Multistate License permitting the Practice of
65	65	Cosmetology in that Remote State, which shall be subject to the
66	66	enforcement jurisdiction of the State Licensing Authority in
67	67	that Remote State.
68	68	D. "Alternative Program" means a non-disciplinary monitoring or
69	69	prosecutorial diversion program approved by a Member State's
70	70	State Licensing Authority.
71	71	E. "Background Check" means the submission of information for an
72	72	applicant for the purpose of obtaining that applicant's criminal
73	73	history record information, as further defined in 28 C.F.R. §
74	74	20.3(d), from the Federal Bureau of Investigation and the agency
75	75	responsible for retaining State criminal or disciplinary history
76	76	in the applicant's Home State.
77	77	F. "Charter Member State" means Member States who have enacted
78	78	legislation to adopt this Compact where such legislation
79	79	predates the effective date of this Compact as defined in Article
80	80	13.
81	81	G. "Commission" means the government agency whose membership
82	82	consists of all States that have enacted this Compact, which is
83	83	known as the Cosmetology Licensure Compact Commission, as
84	84	defined in Article 9, and which shall operate as an
85	85	instrumentality of the Member States.
86	86	H. "Cosmetologist" means an individual licensed in their Home State
87	87	to practice Cosmetology.
88	88	I. "Cosmetology", "Cosmetology Services", and the "Practice of
89	89	Cosmetology" mean the care and services provided by a
90	90	Cosmetologist as set forth in the Member State's statutes and
91	91	regulations in the State where the services are being provided.
92	92	J. "Current Significant Investigative Information" means:
93	93	1. Investigative Information that a State Licensing
94	94	Authority, after an inquiry or investigation that
95	95	complies with a Member State's due process
96	96	requirements, has reason to believe is not groundless
97	97	and, if proved true, would indicate a violation of that
98	98	State's laws regarding fraud or the Practice of
99	99	Cosmetology; or
100	100	2. Investigative Information that indicates that a
101	101	Licensee has engaged in fraud or represents an
102	102	immediate threat to public health and safety,
103	103	regardless of whether the Licensee has been notified
104	104	and had an opportunity to respond.
105	105	K. "Data System" means a repository of information about Licensees,
106	106	including, but not limited to, license status, Investigative
107	107	Information, and Adverse Actions.
108	108	L. "Disqualifying Event" means any event which shall disqualify an
109	109	individual from holding a Multistate License under this Compact,
110	110	which the Commission may by Rule or order specify.
111	111	M. "Encumbered License" means a license in which an Adverse Action
112	112	restricts the Practice of Cosmetology by a Licensee, or where
113	113	said Adverse Action has been reported to the Commission.
114	114	N. "Encumbrance" means a revocation or suspension of, or any
115	115	limitation on, the full and unrestricted Practice of Cosmetology
116	116	by a State Licensing Authority.
117	117	O. "Executive Committee" means a group of delegates elected or
118	118	appointed to act on behalf of, and within the powers granted to
119	119	them by, the Commission.
120	120	P. "Home State" means the Member State which is a Licensee's
121	121	primary State of residence, and where that Licensee holds an
122	122	active and unencumbered license to practice Cosmetology.
123	123	Q. "Investigative Information" means information, records, or
124	124	documents received or generated by a State Licensing Authority
125	125	pursuant to an investigation or other inquiry.
126	126	R. "Jurisprudence Requirement" means the assessment of an
127	127	individual's knowledge of the laws and rules governing the
128	128	Practice of Cosmetology in a State.
129	129	S. "Licensee" means an individual who currently holds a license
130	130	from a Member State to practice as a Cosmetologist.
131	131	T. "Member State" means any State that has adopted this Compact.
132	132	U. "Multistate License" means a license issued by and subject to
133	133	the enforcement jurisdiction of the State Licensing Authority in
134	134	a Licensee's Home State, which authorizes the Practice of
135	135	Cosmetology in Member States and includes Authorizations to
136	136	Practice Cosmetology in all Remote States pursuant to this
137	137	Compact.
138	138	V. "Remote State" means any Member State, other than the Licensee's
139	139	Home State.
140	140	W. "Rule" means any rule or regulation promulgated by the
141	141	Commission under this Compact which has the force of law.
142	142	X. "Single-State License" means a Cosmetology license issued by a
143	143	Member State that authorizes practice of Cosmetology only within
144	144	the issuing State and does not include any authorization outside
145	145	of the issuing State.
146	146	Y. "State" means a State, territory, or possession of the United
147	147	States and the District of Columbia.
148	148	Z. "State Licensing Authority" means a Member State's regulatory
149	149	body responsible for issuing Cosmetology licenses or otherwise
150	150	overseeing the Practice of Cosmetology in that State.
151	151	ARTICLE 3- MEMBER STATE REQUIREMENTS
152	152	A. To be eligible to join this Compact, and to maintain eligibility
153	153	as a Member State, a State must:
154	154	1. License and regulate Cosmetology;
155	155	2. Have a mechanism or entity in place to receive and
156	156	investigate complaints about Licensees practicing in
157	157	that State;
158	158	3. Require that Licensees within the State pass a
159	159	Cosmetology competency examination prior to being
160	160	licensed to provide Cosmetology Services to the public
161	161	in that State;
162	162	4. Require that Licensees satisfy educational or training
163	163	requirements in Cosmetology prior to being licensed to
164	164	provide Cosmetology Services to the public in that
165	165	State;
166	166	5. Implement procedures for considering one or more of the
167	167	following categories of information from applicants for
168	168	licensure: criminal history; disciplinary history; or
169	169	Background Check. Such procedures may include the
170	170	submission of information by applicants for the purpose
171	171	of obtaining an applicant's Background Check as defined
172	172	herein;
173	173	6. Participate in the Data System, including through the
174	174	use of unique identifying numbers;
175	175	7. Share information related to Adverse Actions with the
176	176	Commission and other Member States, both through the
177	177	Data System and otherwise;
178	178	8. Notify the Commission and other Member States, in
179	179	compliance with the terms of the Compact and Rules of
180	180	the Commission, of the existence of Investigative
181	181	Information or Current Significant Investigative
182	182	Information in the State's possession regarding a
183	183	Licensee practicing in that State;
184	184	9. Comply with such Rules as may be enacted by the
185	185	Commission to administer the Compact; and
186	186	10. Accept Licensees from other Member States as
187	187	established herein.
188	188	B. Member States may charge a fee for granting a license to practice
189	189	Cosmetology.
190	190	C. Individuals not residing in a Member State shall continue to be
191	191	able to apply for a Member State's Single-State License as
192	192	provided under the laws of each Member State. However, the
193	193	Single-State License granted to these individuals shall not be
194	194	recognized as granting a Multistate License to provide services
195	195	in any other Member State.
196	196	D. Nothing in this Compact shall affect the requirements
197	197	established by a Member State for the issuance of a Single-State
198	198	License.
199	199	E. A Multistate License issued to a Licensee by a Home State to a
200	200	resident of that State shall be recognized by each Member State
201	201	as authorizing a Licensee to practice Cosmetology in each Member
202	202	State.
203	203	F. At no point shall the Commission have the power to define the
204	204	educational or professional requirements for a license to
205	205	practice Cosmetology. The Member States shall retain sole
206	206	jurisdiction over the provision of these requirements.
207	207	ARTICLE 4- MULTISTATE LICENSE
208	208	A. To be eligible to apply to their Home State's State Licensing
209	209	Authority for an initial Multistate License under this Compact,
210	210	a Licensee must hold an active and unencumbered Single-State
211	211	License to practice Cosmetology in their Home State.
212	212	B. Upon the receipt of an application for a Multistate License,
213	213	according to the Rules of the Commission, a Member State's State
214	214	Licensing Authority shall ascertain whether the applicant meets
215	215	the requirements for a Multistate License under this Compact.
216	216	C. If an applicant meets the requirements for a Multistate License
217	217	under this Compact and any applicable Rules of the Commission,
218	218	the State Licensing Authority in receipt of the application
219	219	shall, within a reasonable time, grant a Multistate License to
220	220	that applicant, and inform all Member States of the grant of said
221	221	Multistate License.
222	222	D. A Multistate License to practice Cosmetology issued by a Member
223	223	State's State Licensing Authority shall be recognized by each
224	224	Member State as authorizing the practice thereof as though that
225	225	Licensee held a Single-State License to do so in each Member
226	226	State, subject to the restrictions herein.
227	227	E. A Multistate License granted pursuant to this Compact may be
228	228	effective for a definite period of time, concurrent with the
229	229	licensure renewal period in the Home State.
230	230	F. To maintain a Multistate License under this Compact, a Licensee
231	231	must:
232	232	1. Agree to abide by the rules of the State Licensing
233	233	Authority, and the State scope of practice laws
234	234	governing the Practice of Cosmetology, of any Member
235	235	State in which the Licensee provides services;
236	236	2. Pay all required fees related to the application and
237	237	process, and any other fees which the Commission may by
238	238	Rule require; and
239	239	3. Comply with any and all other requirements regarding
240	240	Multistate Licenses which the Commission may by Rule
241	241	provide.
242	242	G. A Licensee practicing in a Member State is subject to all scope
243	243	of practice laws governing Cosmetology Services in that State.
244	244	H. The Practice of Cosmetology under a Multistate License granted
245	245	pursuant to this Compact will subject the Licensee to the
246	246	jurisdiction of the State Licensing Authority, the courts, and
247	247	the laws of the Member State in which the Cosmetology Services
248	248	are provided.
249	249	ARTICLE 5- REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME STATE
250	250	A. A Licensee may hold a Multistate License, issued by their Home
251	251	State, in only one Member State at any given time.
252	252	B. If a Licensee changes their Home State by moving between two
253	253	Member States:
254	254	1. The Licensee shall immediately apply for the reissuance
255	255	of their Multistate License in their new Home State. The
256	256	Licensee shall pay all applicable fees and notify the
257	257	prior Home State in accordance with the Rules of the
258	258	Commission.
259	259	2. Upon receipt of an application to reissue a Multistate
260	260	License, the new Home State shall verify that the
261	261	Multistate License is active, unencumbered and eligible
262	262	for reissuance under the terms of the Compact and the
263	263	Rules of the Commission. The Multistate License issued
264	264	by the prior Home State will be deactivated and all
265	265	Member States notified in accordance with the
266	266	applicable Rules adopted by the Commission.
267	267	3. If required for initial licensure, the new Home State
268	268	may require a Background Check as specified in the laws
269	269	of that State, or the compliance with any Jurisprudence
270	270	Requirements of the new Home State.
271	271	4. Notwithstanding any other provision of this Compact, if
272	272	a Licensee does not meet the requirements set forth in
273	273	this Compact for the reissuance of a Multistate License
274	274	by the new Home State, then the Licensee shall be
275	275	subject to the new Home State requirements for the
276	276	issuance of a Single-State License in that State.
277	277	C. If a Licensee changes their primary state of residence by moving
278	278	from a Member State to a non-Member State, or from a non-Member
279	279	State to a Member State, then the Licensee shall be subject to
280	280	the State requirements for the issuance of a Single-State
281	281	License in the new Home State.
282	282	D. Nothing in this Compact shall interfere with a Licensee's
283	283	ability to hold a Single-State License in multiple States;
284	284	however, for the purposes of this Compact, a Licensee shall have
285	285	only one Home State, and only one Multistate License.
286	286	E. Nothing in this Compact shall interfere with the requirements
287	287	established by a Member State for the issuance of a Single-State
288	288	License.
289	289	ARTICLE 6- AUTHORITY OF THE COMPACT COMMISSION AND MEMBER STATE
290	290	LICENSING AUTHORITIES
291	291	A. Nothing in this Compact, nor any Rule or regulation of the
292	292	Commission, shall be construed to limit, restrict, or in any way
293	293	reduce the ability of a Member State to enact and enforce laws,
294	294	regulations, or other rules related to the Practice of
295	295	Cosmetology in that State, where those laws, regulations, or
296	296	other rules are not inconsistent with the provisions of this
297	297	Compact.
298	298	B. Insofar as practical, a Member State's State Licensing Authority
299	299	shall cooperate with the Commission and with each entity
300	300	exercising independent regulatory authority over the Practice of
301	301	Cosmetology according to the provisions of this Compact.
302	302	C. Discipline shall be the sole responsibility of the State in
303	303	which Cosmetology Services are provided. Accordingly, each
304	304	Member State's State Licensing Authority shall be responsible
305	305	for receiving complaints about individuals practicing
306	306	Cosmetology in that State, and for communicating all relevant
307	307	Investigative Information about any such Adverse Action to the
308	308	other Member States through the Data System in addition to any
309	309	other methods the Commission may by Rule require.
310	310	ARTICLE 7- ADVERSE ACTIONS
311	311	A. A Licensee's Home State shall have exclusive power to impose an
312	312	Adverse Action against a Licensee's Multistate License issued by
313	313	the Home State.
314	314	B. A Home State may take Adverse Action on a Multistate License
315	315	based on the Investigative Information, Current Significant
316	316	Investigative Information, or Adverse Action of a Remote State.
317	317	C. In addition to the powers conferred by State law, each Remote
318	318	State's State Licensing Authority shall have the power to:
319	319	1. Take Adverse Action against a Licensee's Authorization
320	320	to Practice Cosmetology through the Multistate License
321	321	in that Member State, provided that:
322	322	a. Only the Licensee's Home State shall have the
323	323	power to take Adverse Action against the
324	324	Multistate License issued by the Home State; and
325	325	b. For the purposes of taking Adverse Action, the
326	326	Home State's State Licensing Authority shall give
327	327	the same priority and effect to reported conduct
328	328	received from a Remote State as it would if such
329	329	conduct had occurred within the Home State. In so
330	330	doing, the Home State shall apply its own State
331	331	laws to determine the appropriate action.
332	332	2. Issue cease and desist orders or impose an Encumbrance
333	333	on a Licensee's Authorization to Practice within that
334	334	Member State.
335	335	3. Complete any pending investigations of a Licensee who
336	336	changes their primary state of residence during the
337	337	course of such an investigation. The State Licensing
338	338	Authority shall also be empowered to report the results
339	339	of such an investigation to the Commission through the
340	340	Data System as described herein.
341	341	4. Issue subpoenas for both hearings and investigations
342	342	that require the attendance and testimony of witnesses,
343	343	as well as the production of evidence. Subpoenas issued
344	344	by a State Licensing Authority in a Member State for the
345	345	attendance and testimony of witnesses or the production
346	346	of evidence from another Member State shall be enforced
347	347	in the latter State by any court of competent
348	348	jurisdiction, according to the practice and procedure
349	349	of that court applicable to subpoenas issued in
350	350	proceedings before it. The issuing State Licensing
351	351	Authority shall pay any witness fees, travel expenses,
352	352	mileage, and other fees required by the service
353	353	statutes of the State in which the witnesses or evidence
354	354	are located.
355	355	5. If otherwise permitted by State law, recover from the
356	356	affected Licensee the costs of investigations and
357	357	disposition of cases resulting from any Adverse Action
358	358	taken against that Licensee.
359	359	6. Take Adverse Action against the Licensee's
360	360	Authorization to Practice in that State based on the
361	361	factual findings of another Remote State.
362	362	D. A Licensee's Home State shall complete any pending
363	363	investigation(s) of a Cosmetologist who changes their primary
364	364	state of residence during the course of the investigation(s).
365	365	The Home State shall also have the authority to take appropriate
366	366	action(s) and shall promptly report the conclusions of the
367	367	investigations to the Data System.
368	368	E. If an Adverse Action is taken by the Home State against a
369	369	Licensee's Multistate License, the Licensee's Authorization to
370	370	Practice in all other Member States shall be deactivated until
371	371	all Encumbrances have been removed from the Home State license.
372	372	All Home State disciplinary orders that impose an Adverse Action
373	373	against a Licensee's Multistate License shall include a
374	374	statement that the Cosmetologist's Authorization to Practice is
375	375	deactivated in all Member States during the pendency of the
376	376	order.
377	377	F. Nothing in this Compact shall override a Member State's
378	378	authority to accept a Licensee's participation in an Alternative
379	379	Program in lieu of Adverse Action. A Licensee's Multistate
380	380	License shall be suspended for the duration of the Licensee's
381	381	participation in any Alternative Program.
382	382	G. Joint Investigations
383	383	1. In addition to the authority granted to a Member State
384	384	by its respective scope of practice laws or other
385	385	applicable State law, a Member State may participate
386	386	with other Member States in joint investigations of
387	387	Licensees.
388	388	2. Member States shall share any investigative,
389	389	litigation, or compliance materials in furtherance of
390	390	any joint or individual investigation initiated under
391	391	the Compact.
392	392	ARTICLE 8- ACTIVE MILITARY MEMBERS AND THEIR SPOUSES
393	393	Active Military Members, or their spouses, shall designate a Home
394	394	State where the individual has a current license to practice
395	395	Cosmetology in good standing. The individual may retain their Home
396	396	State designation during any period of service when that individual
397	397	or their spouse is on active duty assignment.
398	398	ARTICLE 9- ESTABLISHMENT AND OPERATION OF THE COSMETOLOGY LICENSURE
399	399	COMPACT COMMISSION
400	400	A. The Compact Member States hereby create and establish a joint
401	401	government agency whose membership consists of all Member States
402	402	that have enacted the Compact known as the Cosmetology Licensure
403	403	Compact Commission. The Commission is an instrumentality of the
404	404	Compact Member States acting jointly and not an instrumentality
405	405	of any one State. The Commission shall come into existence on or
406	406	after the effective date of the Compact as set forth in Article
407	407	13.
408	408	B. Membership, Voting, and Meetings
409	409	1. Each Member State shall have and be limited to one (1)
410	410	delegate selected by that Member State’s State
411	411	Licensing Authority.
412	412	2. The delegate shall be an administrator of the State
413	413	Licensing Authority of the Member State or their
414	414	designee.
415	415	3. The Commission shall by Rule or bylaw establish a term
416	416	of office for delegates and may by Rule or bylaw
417	417	establish term limits.
418	418	4. The Commission may recommend removal or suspension of
419	419	any delegate from office.
420	420	5. A Member State’s State Licensing Authority shall fill
421	421	any vacancy of its delegate occurring on the Commission
422	422	within 60 days of the vacancy.
423	423	6. Each delegate shall be entitled to one vote on all
424	424	matters that are voted on by the Commission.
425	425	7. The Commission shall meet at least once during each
426	426	calendar year. Additional meetings may be held as set
427	427	forth in the bylaws. The Commission may meet by
428	428	telecommunication, video conference or other similar
429	429	electronic means.
430	430	C. The Commission shall have the following powers:
431	431	1. Establish the fiscal year of the Commission;
432	432	2. Establish code of conduct and conflict of interest
433	433	policies;
434	434	3. Adopt Rules and bylaws;
435	435	4. Maintain its financial records in accordance with the
436	436	bylaws;
437	437	5. Meet and take such actions as are consistent with the
438	438	provisions of this Compact, the Commission’s Rules, and
439	439	the bylaws;
440	440	6. Initiate and conclude legal proceedings or actions in
441	441	the name of the Commission, provided that the standing
442	442	of any State Licensing Authority to sue or be sued under
443	443	applicable law shall not be affected;
444	444	7. Maintain and certify records and information provided
445	445	to a Member State as the authenticated business records
446	446	of the Commission, and designate an agent to do so on
447	447	the Commission's behalf;
448	448	8. Purchase and maintain insurance and bonds;
449	449	9. Borrow, accept, or contract for services of personnel,
450	450	including, but not limited to, employees of a Member
451	451	State;
452	452	10. Conduct an annual financial review;
453	453	11. Hire employees, elect or appoint officers, fix
454	454	compensation, define duties, grant such individuals
455	455	appropriate authority to carry out the purposes of the
456	456	Compact, and establish the Commission's personnel
457	457	policies and programs relating to conflicts of
458	458	interest, qualifications of personnel, and other
459	459	related personnel matters;
460	460	12. As set forth in the Commission Rules, charge a fee to a
461	461	Licensee for the grant of a Multistate License and
462	462	thereafter, as may be established by Commission Rule,
463	463	charge the Licensee a Multistate License renewal fee
464	464	for each renewal period. Nothing herein shall be
465	465	construed to prevent a Home State from charging a
466	466	Licensee a fee for a Multistate License or renewals of a
467	467	Multistate License, or a fee for the jurisprudence
468	468	requirement if the Member State imposes such a
469	469	requirement for the grant of a Multistate License;
470	470	13. Assess and collect fees;
471	471	14. Accept any and all appropriate gifts, donations,
472	472	grants of money, other sources of revenue, equipment,
473	473	supplies, materials, and services, and receive,
474	474	utilize, and dispose of the same; provided that at all
475	475	times the Commission shall avoid any appearance of
476	476	impropriety or conflict of interest;
477	477	15. Lease, purchase, retain, own, hold, improve, or use any
478	478	property, real, personal, or mixed, or any undivided
479	479	interest therein;
480	480	16. Sell, convey, mortgage, pledge, lease, exchange,
481	481	abandon, or otherwise dispose of any property real,
482	482	personal, or mixed;
483	483	17. Establish a budget and make expenditures;
484	484	18. Borrow money;
485	485	19. Appoint committees, including standing committees,
486	486	composed of members, State regulators, State
487	487	legislators or their representatives, and consumer
488	488	representatives, and such other interested persons as
489	489	may be designated in this Compact and the bylaws;
490	490	20. Provide and receive information from, and cooperate
491	491	with, law enforcement agencies;
492	492	21. Elect a Chair, Vice Chair, Secretary and Treasurer and
493	493	such other officers of the Commission as provided in the
494	494	Commission's bylaws;
495	495	22. Establish and elect an Executive Committee, including
496	496	a chair and a vice chair;
497	497	23. Adopt and provide to the Member States an annual
498	498	report.
499	499	24. Determine whether a State's adopted language is
500	500	materially different from the model Compact language
501	501	such that the State would not qualify for participation
502	502	in the Compact; and
503	503	25. Perform such other functions as may be necessary or
504	504	appropriate to achieve the purposes of this Compact.
505	505	D. The Executive Committee
506	506	1. The Executive Committee shall have the power to act on
507	507	behalf of the Commission according to the terms of this
508	508	Compact. The powers, duties, and responsibilities of
509	509	the Executive Committee shall include:
510	510	a. Overseeing the day-to-day activities of the
511	511	administration of the Compact including
512	512	compliance with the provisions of the Compact, the
513	513	Commission's Rules and bylaws, and other such
514	514	duties as deemed necessary;
515	515	b. Recommending to the Commission changes to the
516	516	Rules or bylaws, changes to this Compact
517	517	legislation, fees charged to Compact Member
518	518	States, fees charged to Licensees, and other fees;
519	519	c. Ensuring Compact administration services are
520	520	appropriately provided, including by contract;
521	521	d. Preparing and recommending the budget;
522	522	e. Maintaining financial records on behalf of the
523	523	Commission;
524	524	f. Monitoring Compact compliance of Member States
525	525	and providing compliance reports to the
526	526	Commission;
527	527	g. Establishing additional committees as necessary;
528	528	h. Exercising the powers and duties of the
529	529	Commission during the interim between Commission
530	530	meetings, except for adopting or amending Rules,
531	531	adopting or amending bylaws, and exercising any
532	532	other powers and duties expressly reserved to the
533	533	Commission by Rule or bylaw; and
534	534	i. Other duties as provided in the Rules or bylaws of
535	535	the Commission.
536	536	2. The Executive Committee shall be composed of up to
537	537	seven voting members:
538	538	a. The chair and vice chair of the Commission and any
539	539	other members of the Commission who serve on the
540	540	Executive Committee shall be voting members of the
541	541	Executive Committee; and
542	542	b. Other than the chair, vice-chair, secretary and
543	543	treasurer, the Commission shall elect three
544	544	voting members from the current membership of the
545	545	Commission.
546	546	c. The Commission may elect ex-officio, nonvoting
547	547	members from a recognized national Cosmetology
548	548	professional association as approved by the
549	549	Commission. The Commission's bylaws shall
550	550	identify qualifying organizations and the manner
551	551	of appointment if the number of organizations
552	552	seeking to appoint an ex officio member exceeds
553	553	the number of members specified in this Article.
554	554	3. The Commission may remove any member of the Executive
555	555	Committee as provided in the Commission's bylaws.
556	556	4. The Executive Committee shall meet at least annually.
557	557	a. Annual Executive Committee meetings, as well as
558	558	any Executive Committee meeting at which it does
559	559	not take or intend to take formal action on a
560	560	matter for which a Commission vote would otherwise
561	561	be required, shall be open to the public, except
562	562	that the Executive Committee may meet in a closed,
563	563	non-public session of a public meeting when
564	564	dealing with any of the matters covered under
565	565	Article 9.F.4.
566	566	b. The Executive Committee shall give five business
567	567	days advance notice of its public meetings, posted
568	568	on its website and as determined to provide notice
569	569	to persons with an interest in the public matters
570	570	the Executive Committee intends to address at
571	571	those meetings.
572	572	5. The Executive Committee may hold an emergency meeting
573	573	when acting for the Commission to:
574	574	a. Meet an imminent threat to public health, safety,
575	575	or welfare;
576	576	b. Prevent a loss of Commission or Member State
577	577	funds; or
578	578	c. Protect public health and safety.
579	579	E. The Commission shall adopt and provide to the Member States an
580	580	annual report.
581	581	F. Meetings of the Commission
582	582	1. All meetings of the Commission that are not closed
583	583	pursuant to Article 9.F.4 shall be open to the public.
584	584	Notice of public meetings shall be posted on the
585	585	Commission's website at least thirty (30) days prior to
586	586	the public meeting.
587	587	2. Notwithstanding Article 9.F.1, the Commission may
588	588	convene an emergency public meeting by providing at
589	589	least twenty-four (24) hours prior notice on the
590	590	Commission's website, and any other means as provided in
591	591	the Commission's Rules, for any of the reasons it may
592	592	dispense with notice of proposed rulemaking under
593	593	Article 11.L. The Commission's legal counsel shall
594	594	certify that one of the reasons justifying an emergency
595	595	public meeting has been met.
596	596	3. Notice of all Commission meetings shall provide the
597	597	time, date, and location of the meeting, and if the
598	598	meeting is to be held or accessible via
599	599	telecommunication, video conference, or other
600	600	electronic means, the notice shall include the
601	601	mechanism for access to the meeting.
602	602	4. The Commission may convene in a closed, non-public
603	603	meeting for the Commission to discuss:
604	604	a. Non-compliance of a Member State with its
605	605	obligations under the Compact;
606	606	b. The employment, compensation, discipline or other
607	607	matters, practices or procedures related to
608	608	specific employees or other matters related to the
609	609	Commission's internal personnel practices and
610	610	procedures;
611	611	c. Current or threatened discipline of a Licensee by
612	612	the Commission or by a Member State's Licensing
613	613	Authority;
614	614	d. Current, threatened, or reasonably anticipated
615	615	litigation;
616	616	e. Negotiation of contracts for the purchase, lease,
617	617	or sale of goods, services, or real estate;
618	618	f. Accusing any person of a crime or formally
619	619	censuring any person;
620	620	g. Trade secrets or commercial or financial
621	621	information that is privileged or confidential;
622	622	h. Information of a personal nature where disclosure
623	623	would constitute a clearly unwarranted invasion
624	624	of personal privacy;
625	625	i. Investigative records compiled for law
626	626	enforcement purposes;
627	627	j. Information related to any investigative reports
628	628	prepared by or on behalf of or for use of the
629	629	Commission or other committee charged with
630	630	responsibility of investigation or determination
631	631	of compliance issues pursuant to the Compact;
632	632	k. Legal advice;
633	633	l. Matters specifically exempted from disclosure to
634	634	the public by federal or Member State law; or
635	635	m. Other matters as promulgated by the Commission by
636	636	Rule.
637	637	5. If a meeting, or portion of a meeting, is closed, the
638	638	presiding officer shall state that the meeting will be
639	639	closed and reference each relevant exempting provision,
640	640	and such reference shall be recorded in the minutes.
641	641	6. The Commission shall keep minutes that fully and
642	642	clearly describe all matters discussed in a meeting and
643	643	shall provide a full and accurate summary of actions
644	644	taken, and the reasons therefore, including a
645	645	description of the views expressed. All documents
646	646	considered in connection with an action shall be
647	647	identified in such minutes. All minutes and documents
648	648	of a closed meeting shall remain under seal, subject to
649	649	release only by a majority vote of the Commission or
650	650	order of a court of competent jurisdiction.
651	651	G. Financing of the Commission
652	652	1. The Commission shall pay, or provide for the payment
653	653	of, the reasonable expenses of its establishment,
654	654	organization, and ongoing activities.
655	655	2. The Commission may accept any and all appropriate
656	656	sources of revenue, donations, and grants of money,
657	657	equipment, supplies, materials, and services.
658	658	3. The Commission may levy on and collect an annual
659	659	assessment from each Member State and impose fees on
660	660	Licensees of Member States to whom it grants a
661	661	Multistate License to cover the cost of the operations
662	662	and activities of the Commission and its staff, which
663	663	must be in a total amount sufficient to cover its annual
664	664	budget as approved each year for which revenue is not
665	665	provided by other sources. The aggregate annual
666	666	assessment amount for Member States shall be allocated
667	667	based upon a formula that the Commission shall
668	668	promulgate by Rule.
669	669	4. The Commission shall not incur obligations of any kind
670	670	prior to securing the funds adequate to meet the same;
671	671	nor shall the Commission pledge the credit of any Member
672	672	States, except by and with the authority of the Member
673	673	State.
674	674	5. The Commission shall keep accurate accounts of all
675	675	receipts and disbursements. The receipts and
676	676	disbursements of the Commission shall be subject to the
677	677	financial review and accounting procedures established
678	678	under its bylaws. All receipts and disbursements of
679	679	funds handled by the Commission shall be subject to an
680	680	annual financial review by a certified or licensed
681	681	public accountant, and the report of the financial
682	682	review shall be included in and become part of the
683	683	annual report of the Commission.
684	684	H. Qualified Immunity, Defense, and Indemnification
685	685	1. The members, officers, executive director, employees
686	686	and representatives of the Commission shall be immune
687	687	from suit and liability, both personally and in their
688	688	official capacity, for any claim for damage to or loss
689	689	of property or personal injury or other civil liability
690	690	caused by or arising out of any actual or alleged act,
691	691	error, or omission that occurred, or that the person
692	692	against whom the claim is made had a reasonable basis
693	693	for believing occurred within the scope of Commission
694	694	employment, duties or responsibilities; provided that
695	695	nothing in this paragraph shall be construed to protect
696	696	any such person from suit or liability for any damage,
697	697	loss, injury, or liability caused by the intentional or
698	698	willful or wanton misconduct of that person. The
699	699	procurement of insurance of any type by the Commission
700	700	shall not in any way compromise or limit the immunity
701	701	granted hereunder.
702	702	2. The Commission shall defend any member, officer,
703	703	executive director, employee, and representative of the
704	704	Commission in any civil action seeking to impose
705	705	liability arising out of any actual or alleged act,
706	706	error, or omission that occurred within the scope of
707	707	Commission employment, duties, or responsibilities, or
708	708	as determined by the Commission that the person against
709	709	whom the claim is made had a reasonable basis for
710	710	believing occurred within the scope of Commission
711	711	employment, duties, or responsibilities; provided that
712	712	nothing herein shall be construed to prohibit that
713	713	person from retaining their own counsel at their own
714	714	expense; and provided further, that the actual or
715	715	alleged act, error, or omission did not result from that
716	716	person's intentional or willful or wanton misconduct.
717	717	3. The Commission shall indemnify and hold harmless any
718	718	member, officer, executive director, employee, and
719	719	representative of the Commission for the amount of any
720	720	settlement or judgment obtained against that person
721	721	arising out of any actual or alleged act, error, or
722	722	omission that occurred within the scope of Commission
723	723	employment, duties, or responsibilities, or that such
724	724	person had a reasonable basis for believing occurred
725	725	within the scope of Commission employment, duties, or
726	726	responsibilities, provided that the actual or alleged
727	727	act, error, or omission did not result from the
728	728	intentional or willful or wanton misconduct of that
729	729	person.
730	730	4. Nothing herein shall be construed as a limitation on
731	731	the liability of any Licensee for professional
732	732	malpractice or misconduct, which shall be governed
733	733	solely by any other applicable State laws.
734	734	5. Nothing in this Compact shall be interpreted to waive
735	735	or otherwise abrogate a Member State's State action
736	736	immunity or State action affirmative defense with
737	737	respect to antitrust claims under the Sherman Act,
738	738	Clayton Act, or any other State or federal antitrust or
739	739	anticompetitive law or regulation.
740	740	6. Nothing in this Compact shall be construed to be a
741	741	waiver of sovereign immunity by the Member States or by
742	742	the Commission.
743	743	ARTICLE 10- DATA SYSTEM
744	744	A. The Commission shall provide for the development, maintenance,
745	745	operation, and utilization of a coordinated database and
746	746	reporting system.
747	747	B. The Commission shall assign each applicant for a Multistate
748	748	License a unique identifier, as determined by the Rules of the
749	749	Commission.
750	750	C. Notwithstanding any other provision of State law to the
751	751	contrary, a Member State shall submit a uniform data set to the
752	752	Data System on all individuals to whom this Compact is applicable
753	753	as required by the Rules of the Commission, including:
754	754	1. Identifying information;
755	755	2. Licensure data;
756	756	3. Adverse Actions against a license and information
757	757	related thereto;
758	758	4. Non-confidential information related to Alternative
759	759	Program participation, the beginning and ending dates
760	760	of such participation, and other information related to
761	761	such participation;
762	762	5. Any denial of application for licensure, and the
763	763	reason(s) for such denial (excluding the reporting of
764	764	any criminal history record information where
765	765	prohibited by law);
766	766	6. The existence of Investigative Information;
767	767	7. The existence of Current Significant Investigative
768	768	Information; and
769	769	8. Other information that may facilitate the
770	770	administration of this Compact or the protection of the
771	771	public, as determined by the Rules of the Commission.
772	772	D. The records and information provided to a Member State pursuant
773	773	to this Compact or through the Data System, when certified by the
774	774	Commission or an agent thereof, shall constitute the
775	775	authenticated business records of the Commission, and shall be
776	776	entitled to any associated hearsay exception in any relevant
777	777	judicial, quasi-judicial or administrative proceedings in a
778	778	Member State.
779	779	E. The existence of Current Significant Investigative Information
780	780	and the existence of Investigative Information pertaining to a
781	781	Licensee in any Member State will only be available to other
782	782	Member States.
783	783	F. It is the responsibility of the Member States to monitor the
784	784	database to determine whether Adverse Action has been taken
785	785	against such a Licensee or License applicant. Adverse Action
786	786	information pertaining to a Licensee or License applicant in any
787	787	Member State will be available to any other Member State.
788	788	G. Member States contributing information to the Data System may
789	789	designate information that may not be shared with the public
790	790	without the express permission of the contributing State.
791	791	H. Any information submitted to the Data System that is
792	792	subsequently expunged pursuant to federal law or the laws of the
793	793	Member State contributing the information shall be removed from
794	794	the Data System.
795	795	ARTICLE 11- RULEMAKING
796	796	A. The Commission shall promulgate reasonable Rules in order to
797	797	effectively and efficiently implement and administer the
798	798	purposes and provisions of the Compact. A Rule shall be invalid
799	799	and have no force or effect only if a court of competent
800	800	jurisdiction holds that the Rule is invalid because the
801	801	Commission exercised its rulemaking authority in a manner that
802	802	is beyond the scope and purposes of the Compact, or the powers
803	803	granted hereunder, or based upon another applicable standard of
804	804	review.
805	805	B. The Rules of the Commission shall have the force of law in each
806	806	Member State, provided however that where the Rules of the
807	807	Commission conflict with the laws of the Member State that
808	808	establish the Member State's scope of practice laws governing the
809	809	Practice of Cosmetology as held by a court of competent
810	810	jurisdiction, the Rules of the Commission shall be ineffective
811	811	in that State to the extent of the conflict.
812	812	C. The Commission shall exercise its rulemaking powers pursuant to
813	813	the criteria set forth in this Article and the Rules adopted
814	814	thereunder. Rules shall become binding as of the date specified
815	815	by the Commission for each Rule.
816	816	D. If a majority of the legislatures of the Member States rejects a
817	817	Rule or portion of a Rule, by enactment of a statute or
818	818	resolution in the same manner used to adopt the Compact within
819	819	four (4) years of the date of adoption of the Rule, then such Rule
820	820	shall have no further force and effect in any Member State or to
821	821	any State applying to participate in the Compact.
822	822	E. Rules shall be adopted at a regular or special meeting of the
823	823	Commission.
824	824	F. Prior to adoption of a proposed Rule, the Commission shall hold a
825	825	public hearing and allow persons to provide oral and written
826	826	comments, data, facts, opinions, and arguments.
827	827	G. Prior to adoption of a proposed Rule by the Commission, and at
828	828	least thirty (30) days in advance of the meeting at which the
829	829	Commission will hold a public hearing on the proposed Rule, the
830	830	Commission shall provide a notice of proposed rulemaking:
831	831	1. On the website of the Commission or other publicly
832	832	accessible platform;
833	833	2. To persons who have requested notice of the
834	834	Commission's notices of proposed rulemaking; and
835	835	3. In such other way(s) as the Commission may by Rule
836	836	specify.
837	837	H. The notice of proposed rulemaking shall include:
838	838	1. The time, date, and location of the public hearing at
839	839	which the Commission will hear public comments on the
840	840	proposed Rule and, if different, the time, date, and
841	841	location of the meeting where the Commission will
842	842	consider and vote on the proposed Rule;
843	843	2. If the hearing is held via telecommunication, video
844	844	conference, or other electronic means, the Commission
845	845	shall include the mechanism for access to the hearing in
846	846	the notice of proposed rulemaking;
847	847	3. The text of the proposed Rule and the reason therefor;
848	848	4. A request for comments on the proposed Rule from any
849	849	interested person; and
850	850	5. The manner in which interested persons may submit
851	851	written comments.
852	852	I. All hearings will be recorded. A copy of the recording and all
853	853	written comments and documents received by the Commission in
854	854	response to the proposed Rule shall be available to the public.
855	855	J. Nothing in this Article shall be construed as requiring a
856	856	separate hearing on each Rule. Rules may be grouped for the
857	857	convenience of the Commission at hearings required by this
858	858	Article.
859	859	K. The Commission shall, by majority vote of all members, take
860	860	final action on the proposed Rule based on the rulemaking record
861	861	and the full text of the Rule.
862	862	1. The Commission may adopt changes to the proposed Rule
863	863	provided the changes do not enlarge the original
864	864	purpose of the proposed Rule.
865	865	2. The Commission shall provide an explanation of the
866	866	reasons for substantive changes made to the proposed
867	867	Rule as well as reasons for substantive changes not made
868	868	that were recommended by commenters.
869	869	3. The Commission shall determine a reasonable effective
870	870	date for the Rule. Except for an emergency as provided
871	871	in Article 11.L, the effective date of the Rule shall be
872	872	no sooner than forty-five (45) days after the
873	873	Commission issuing the notice that it adopted or
874	874	amended the Rule.
875	875	L. Upon determination that an emergency exists, the Commission may
876	876	consider and adopt an emergency Rule with five (5) days' notice,
877	877	with opportunity to comment, provided that the usual rulemaking
878	878	procedures provided in the Compact and in this Article shall be
879	879	retroactively applied to the Rule as soon as reasonably
880	880	possible, in no event later than ninety (90) days after the
881	881	effective date of the Rule. For the purposes of this provision,
882	882	an emergency Rule is one that must be adopted immediately to:
883	883	1. Meet an imminent threat to public health, safety, or
884	884	welfare;
885	885	2. Prevent a loss of Commission or Member State funds;
886	886	3. Meet a deadline for the promulgation of a Rule that is
887	887	established by federal law or rule; or
888	888	4. Protect public health and safety.
889	889	M. The Commission or an authorized committee of the Commission may
890	890	direct revisions to a previously adopted Rule for purposes of
891	891	correcting typographical errors, errors in format, errors in
892	892	consistency, or grammatical errors. Public notice of any
893	893	revisions shall be posted on the website of the Commission. The
894	894	revision shall be subject to challenge by any person for a period
895	895	of thirty (30) days after posting. The revision may be
896	896	challenged only on grounds that the revision results in a
897	897	material change to a Rule. A challenge shall be made in writing
898	898	and delivered to the Commission prior to the end of the notice
899	899	period. If no challenge is made, the revision will take effect
900	900	without further action. If the revision is challenged, the
901	901	revision may not take effect without the approval of the
902	902	Commission.
903	903	N. No Member State's rulemaking requirements shall apply under this
904	904	Compact.
905	905	ARTICLE 12- OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
906	906	A. Oversight
907	907	1. The executive and judicial branches of State
908	908	government in each Member State shall enforce this
909	909	Compact and take all actions necessary and appropriate
910	910	to implement the Compact.
911	911	2. Venue is proper and judicial proceedings by or against
912	912	the Commission shall be brought solely and exclusively
913	913	in a court of competent jurisdiction where the
914	914	principal office of the Commission is located. The
915	915	Commission may waive venue and jurisdictional defenses
916	916	to the extent it adopts or consents to participate in
917	917	alternative dispute resolution proceedings. Nothing
918	918	herein shall affect or limit the selection or propriety
919	919	of venue in any action against a Licensee for
920	920	professional malpractice, misconduct or any such
921	921	similar matter.
922	922	3. The Commission shall be entitled to receive service of
923	923	process in any proceeding regarding the enforcement or
924	924	interpretation of the Compact and shall have standing
925	925	to intervene in such a proceeding for all purposes.
926	926	Failure to provide the Commission service of process
927	927	shall render a judgment or order void as to the
928	928	Commission, this Compact, or promulgated Rules.
929	929	B. Default, Technical Assistance, and Termination
930	930	1. If the Commission determines that a Member State has
931	931	defaulted in the performance of its obligations or
932	932	responsibilities under this Compact or the promulgated
933	933	Rules, the Commission shall provide written notice to
934	934	the defaulting State. The notice of default shall
935	935	describe the default, the proposed means of curing the
936	936	default, and any other action that the Commission may
937	937	take, and shall offer training and specific technical
938	938	assistance regarding the default.
939	939	2. The Commission shall provide a copy of the notice of
940	940	default to the other Member States.
941	941	3. If a State in default fails to cure the default, the
942	942	defaulting State may be terminated from the Compact
943	943	upon an affirmative vote of a majority of the delegates
944	944	of the Member States, and all rights, privileges and
945	945	benefits conferred on that State by this Compact may be
946	946	terminated on the effective date of termination. A cure
947	947	of the default does not relieve the offending State of
948	948	obligations or liabilities incurred during the period
949	949	of default.
950	950	4. Termination of membership in the Compact shall be
951	951	imposed only after all other means of securing
952	952	compliance have been exhausted. Notice of intent to
953	953	suspend or terminate shall be given by the Commission to
954	954	the governor, the majority and minority leaders of the
955	955	defaulting State's legislature, the defaulting State's
956	956	State Licensing Authority and each of the Member States'
957	957	State Licensing Authority.
958	958	5. A State that has been terminated is responsible for all
959	959	assessments, obligations, and liabilities incurred
960	960	through the effective date of termination, including
961	961	obligations that extend beyond the effective date of
962	962	termination.
963	963	6. Upon the termination of a State's membership from this
964	964	Compact, that State shall immediately provide notice to
965	965	all Licensees who hold a Multistate License within that
966	966	State of such termination. The terminated State shall
967	967	continue to recognize all licenses granted pursuant to
968	968	this Compact for a minimum of one hundred eighty (180)
969	969	days after the date of said notice of termination.
970	970	7. The Commission shall not bear any costs related to a
971	971	State that is found to be in default or that has been
972	972	terminated from the Compact, unless agreed upon in
973	973	writing between the Commission and the defaulting
974	974	State.
975	975	8. The defaulting State may appeal the action of the
976	976	Commission by petitioning the United States District
977	977	Court for the District of Columbia or the federal
978	978	district where the Commission has its principal
979	979	offices. The prevailing party shall be awarded all
980	980	costs of such litigation, including reasonable
981	981	attorney's fees.
982	982	C. Dispute Resolution
983	983	1. Upon request by a Member State, the Commission shall
984	984	attempt to resolve disputes related to the Compact that
985	985	arise among Member States and between Member and
986	986	non-Member States.
987	987	2. The Commission shall promulgate a Rule providing for
988	988	both mediation and binding dispute resolution for
989	989	disputes as appropriate.
990	990	D. Enforcement
991	991	1. The Commission, in the reasonable exercise of its
992	992	discretion, shall enforce the provisions of this
993	993	Compact and the Commission's Rules.
994	994	2. By majority vote as provided by Commission Rule, the
995	995	Commission may initiate legal action against a Member
996	996	State in default in the United States District Court for
997	997	the District of Columbia or the federal district where
998	998	the Commission has its principal offices to enforce
999	999	compliance with the provisions of the Compact and its
1000	1000	promulgated Rules. The relief sought may include both
1001	1001	injunctive relief and damages. In the event judicial
1002	1002	enforcement is necessary, the prevailing party shall be
1003	1003	awarded all costs of such litigation, including
1004	1004	reasonable attorney's fees. The remedies herein shall
1005	1005	not be the exclusive remedies of the Commission. The
1006	1006	Commission may pursue any other remedies available
1007	1007	under federal or the defaulting Member State's law.
1008	1008	3. A Member State may initiate legal action against the
1009	1009	Commission in the United States District Court for the
1010	1010	District of Columbia or the federal district where the
1011	1011	Commission has its principal offices to enforce
1012	1012	compliance with the provisions of the Compact and its
1013	1013	promulgated Rules. The relief sought may include both
1014	1014	injunctive relief and damages. In the event judicial
1015	1015	enforcement is necessary, the prevailing party shall be
1016	1016	awarded all costs of such litigation, including
1017	1017	reasonable attorney's fees.
1018	1018	4. No individual or entity other than a Member State may
1019	1019	enforce this Compact against the Commission.
1020	1020	ARTICLE 13- EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT
1021	1021	A. The Compact shall come into effect on the date on which the
1022	1022	Compact statute is enacted into law in the seventh Member State.
1023	1023	1. On or after the effective date of the Compact, the
1024	1024	Commission shall convene and review the enactment of
1025	1025	each of the Charter Member States to determine if the
1026	1026	statute enacted by each such Charter Member State is
1027	1027	materially different than the model Compact statute.
1028	1028	a. A Charter Member State whose enactment is found to
1029	1029	be materially different from the model Compact
1030	1030	statute shall be entitled to the default process
1031	1031	set forth in Article 12.
1032	1032	b. If any Member State is later found to be in
1033	1033	default, or is terminated or withdraws from the
1034	1034	Compact, the Commission shall remain in existence
1035	1035	and the Compact shall remain in effect even if the
1036	1036	number of Member States should be less than seven
1037	1037	(7).
1038	1038	2. Member States enacting the Compact subsequent to the
1039	1039	Charter Member States shall be subject to the process
1040	1040	set forth in Article 9.C.24 to determine if their
1041	1041	enactments are materially different from the model
1042	1042	Compact statute and whether they qualify for
1043	1043	participation in the Compact.
1044	1044	3. All actions taken for the benefit of the Commission or
1045	1045	in furtherance of the purposes of the administration of
1046	1046	the Compact prior to the effective date of the Compact
1047	1047	or the Commission coming into existence shall be
1048	1048	considered to be actions of the Commission unless
1049	1049	specifically repudiated by the Commission.
1050	1050	4. Any State that joins the Compact shall be subject to the
1051	1051	Commission's Rules and bylaws as they exist on the date
1052	1052	on which the Compact becomes law in that State. Any
1053	1053	Rule that has been previously adopted by the Commission
1054	1054	shall have the full force and effect of law on the day
1055	1055	the Compact becomes law in that State.
1056	1056	B. Any Member State may withdraw from this Compact by enacting a
1057	1057	statute repealing that State's enactment of the Compact.
1058	1058	1. A Member State's withdrawal shall not take effect until
1059	1059	one hundred eighty (180) days after enactment of the
1060	1060	repealing statute.
1061	1061	2. Withdrawal shall not affect the continuing requirement
1062	1062	of the withdrawing State's State Licensing Authority to
1063	1063	comply with the investigative and Adverse Action
1064	1064	reporting requirements of this Compact prior to the
1065	1065	effective date of withdrawal.
1066	1066	3. Upon the enactment of a statute withdrawing from this
1067	1067	Compact, a State shall immediately provide notice of
1068	1068	such withdrawal to all Licensees within that State.
1069	1069	Notwithstanding any subsequent statutory enactment to
1070	1070	the contrary, such withdrawing State shall continue to
1071	1071	recognize all licenses granted pursuant to this Compact
1072	1072	for a minimum of one hundred eighty (180) days after the
1073	1073	date of such notice of withdrawal.
1074	1074	C. Nothing contained in this Compact shall be construed to
1075	1075	invalidate or prevent any licensure agreement or other
1076	1076	cooperative arrangement between a Member State and a non-Member
1077	1077	State that does not conflict with the provisions of this Compact.
1078	1078	D. This Compact may be amended by the Member States. No amendment
1079	1079	to this Compact shall become effective and binding upon any
1080	1080	Member State until it is enacted into the laws of all Member
1081	1081	States.
1082	1082	ARTICLE 14- CONSTRUCTION AND SEVERABILITY
1083	1083	A. This Compact and the Commission's rulemaking authority shall be
1084	1084	liberally construed so as to effectuate the purposes, and the
1085	1085	implementation and administration of the Compact. Provisions of
1086	1086	the Compact expressly authorizing or requiring the promulgation
1087	1087	of Rules shall not be construed to limit the Commission's
1088	1088	rulemaking authority solely for those purposes.
1089	1089	B. The provisions of this Compact shall be severable and if any
1090	1090	phrase, clause, sentence or provision of this Compact is held by
1091	1091	a court of competent jurisdiction to be contrary to the
1092	1092	constitution of any Member State, a State seeking participation
1093	1093	in the Compact, or of the United States, or the applicability
1094	1094	thereof to any government, agency, person or circumstance is
1095	1095	held to be unconstitutional by a court of competent
1096	1096	jurisdiction, the validity of the remainder of this Compact and
1097	1097	the applicability thereof to any other government, agency,
1098	1098	person or circumstance shall not be affected thereby.
1099	1099	C. Notwithstanding Article 14.B, the Commission may deny a State's
1100	1100	participation in the Compact or, in accordance with the
1101	1101	requirements of Article 12, terminate a Member State's
1102	1102	participation in the Compact, if it determines that a
1103	1103	constitutional requirement of a Member State is a material
1104	1104	departure from the Compact. Otherwise, if this Compact shall be
1105	1105	held to be contrary to the constitution of any Member State, the
1106	1106	Compact shall remain in full force and effect as to the remaining
1107	1107	Member States and in full force and effect as to the Member State
1108	1108	affected as to all severable matters.
1109	1109	ARTICLE 15- CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS
1110	1110	A. Nothing herein shall prevent or inhibit the enforcement of any
1111	1111	other law of a Member State that is not inconsistent with the
1112	1112	Compact.
1113	1113	B. All permissible agreements between the Commission and the Member
1114	1114	States are binding in accordance with their terms.
1115	1115	Sec. 1604.002. ADMINISTRATION OF COMPACT. The Texas
1116	1116	Department of Licensing and Regulation is the Cosmetology Licensure
1117	1117	Compact administrator for this state.
1118	1118	Sec. 1604.003. RULES. The Texas Commission of Licensing
1119	1119	and Regulation may adopt rules necessary to implement this chapter.
1120	1120	SECTION 2. This Act takes effect September 1, 2025.