Bill Text: TX SB1615 | 2023-2024 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the cosmetology licensure compact.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Vetoed) 2023-05-19 - Vetoed by the Governor [SB1615 Detail]
Download: Texas-2023-SB1615-Introduced.html
Bill Title: Relating to the cosmetology licensure compact.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Vetoed) 2023-05-19 - Vetoed by the Governor [SB1615 Detail]
Download: Texas-2023-SB1615-Introduced.html
88R16274 TYPED | ||
By: Zaffirini | S.B. No. 1615 |
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relating to the cosmetology licensure compact. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The cosmetology licensure compact is adopted to | ||
read as follows: | ||
COSMETOLOGY LICENSURE COMPACT | ||
ARTICLE 1- PURPOSE | ||
The purpose of this Compact is to facilitate the interstate | ||
practice and regulation of Cosmetology with the goal of improving | ||
public access to, and the safety of, Cosmetology Services and | ||
reducing unnecessary burdens related to Cosmetology licensure. | ||
Through this Compact, the member states seek to establish a | ||
regulatory framework which provides for a new multistate licensing | ||
program. Through this new licensing program, the member states seek | ||
to provide increased value and mobility to licensed Cosmetologists | ||
in the member states, while ensuring the provision of safe, | ||
effective, and reliable services to the public. | ||
This Compact is designed to achieve the following objectives, | ||
and the member states hereby ratify the same intentions by | ||
subscribing hereto: | ||
A. Provide opportunities for interstate practice by | ||
Cosmetologists who meet uniform requirements for multistate | ||
licensure; | ||
B. Enhance the abilities of Member States to protect public | ||
health and safety, and prevent fraud and unlicensed activity within | ||
the profession; | ||
C. Ensure and encourage cooperation between Member States | ||
in the licensure and regulation of the Practice of Cosmetology; | ||
D. Support relocating military members and their spouses; | ||
E. Facilitate the exchange of information between Member | ||
States related to the licensure, investigation, and discipline of | ||
the Practice of Cosmetology; | ||
F. Provide for meaningful dispute resolution while allowing | ||
a Remote State to hold a Licensee accountable under the Remote | ||
State's Practice Laws, even where that Licensee holds a Multistate | ||
License; and | ||
G. Provide for the licensure and mobility of the workforce | ||
in the profession, while addressing the shortage of workers and | ||
lessening the associated burdens on the Member States. | ||
ARTICLE 2- DEFINITIONS | ||
As used in this Compact, and except as otherwise provided, | ||
the following definitions shall govern the terms herein: | ||
A. "Active Duty Military" means any individual in full-time | ||
duty status in the active uniformed service of the United States | ||
including members of the National Guard and Reserve. | ||
B. "Adverse Action" means any administrative, civil, | ||
equitable, or criminal action permitted by a Member State's laws | ||
which is imposed by a Licensing Authority or other regulatory body | ||
against a or Cosmetologist, including actions against an | ||
individual's licensure privilege such as revocation, suspension, | ||
probation, monitoring of the Licensee, limitation of the Licensee's | ||
practice, or any other Encumbrance on licensure affecting an | ||
individual's ability to participate in the Cosmetology industry, | ||
including the issuance of a cease and desist order. | ||
C. "Authorization to Practice" means a legal authorization | ||
associated with a Multistate License permitting the Practice of | ||
Cosmetology in a remote state. | ||
D. "Alternative Program" means a non-disciplinary | ||
monitoring or prosecutorial diversion program approved by a Member | ||
State's Licensing Authority. | ||
E. "Background Check" means the submission of information | ||
for an applicant for the purpose of obtaining that applicant's | ||
criminal history record information, as further defined in 28 | ||
C.F.R. § 20.3(d), from the Federal Bureau of Investigation and the | ||
agency responsible for retaining state criminal or disciplinary | ||
history in the applicant's Home State. | ||
F. "Commission" shall refer to the national administrative | ||
body whose membership consists of all states that have enacted this | ||
Compact, and which is known as the Cosmetology Licensure Compact | ||
Commission. | ||
G. "Cosmetologist" means an individual licensed in their | ||
Home State to practice Cosmetology. | ||
H. "Cosmetology", "Cosmetology Services", and the "Practice | ||
of Cosmetology" mean the care and services provided by a | ||
Cosmetologist as set forth in the Member State's statutes and | ||
regulations in the State where the services are being provided. | ||
I. "Current Significant Investigative Information" means: | ||
1. Investigative Information that a Licensing | ||
Authority, after an inquiry or investigation that complies with a | ||
Member State's due process requirements, has reason to believe is | ||
not groundless and, if proved true, would indicate a violation of | ||
that State's laws regarding fraud or the Practice of Cosmetology; | ||
or | ||
2. Investigative Information that indicates that a | ||
Licensee has engaged in fraud or represents an immediate threat to | ||
public health and safety, regardless of whether the Licensee has | ||
been notified and had an opportunity to respond. | ||
J. "Data System" means a repository of information about | ||
Licensees, including but not limited to license status, | ||
Investigative Information, and Adverse Actions. | ||
K. "Disqualifying Event" means any event which shall | ||
disqualify an individual from holding a Multistate License under | ||
this Compact, which the Commission may by Rule or order specify. | ||
L. "Encumbered License" means a license in which an Adverse | ||
Action restricts the Practice of Cosmetology by a Licensee, or | ||
where said Adverse Action has been reported to the Commission. | ||
M. "Encumbrance" means a revocation or suspension of, or any | ||
limitation on, the full and unrestricted Practice of Cosmetology by | ||
a Licensing Authority. | ||
N. "Executive Committee" means a group of commissioners | ||
elected or appointed to act on behalf of, and within the powers | ||
granted to them by, the Commission. | ||
O. "Home State" means the Member State which is a Licensee's | ||
primary state of residence, and where that Licensee holds an active | ||
and unencumbered license to practice Cosmetology. | ||
P. "Investigative Information" means information, records, | ||
or documents received or generated by a Licensing Authority | ||
pursuant to an investigation or other inquiry. | ||
Q. "Jurisprudence Requirement" means the assessment of an | ||
individual's knowledge of the laws and rules governing the Practice | ||
of Cosmetology in a State. | ||
R. "Licensing Authority" means a Member State's regulatory | ||
body responsible for issuing Cosmetology licenses or otherwise | ||
overseeing the Practice of Cosmetology in that State. | ||
S. "Licensee" means an individual who currently holds an | ||
authorization from a Member State to practice as a Cosmetologist. | ||
T. "Member State" means any State that has adopted this | ||
Compact. | ||
U. "Multistate License" means a license to practice as a | ||
Cosmetologist in all Member States issued by the Licensing | ||
Authority of the Licensee's Home State pursuant to this Compact. | ||
V. "Remote State" means any Member State, other than the | ||
Licensee's Home State. | ||
W. "Rule" means any rule or regulation promulgated by the | ||
Commission under this Compact which has the force of law. | ||
X. "Single-State License" means a Cosmetology license | ||
issued by a Member State that authorizes practice of Cosmetology | ||
only within the issuing state and does not include any | ||
authorization outside of the issuing state. | ||
Y. "State" means a state, territory, or possession of the | ||
United States and the District of Columbia. | ||
Z. "State Practice Laws" means a Member State's laws, rules, | ||
and regulations that govern the Practice of Cosmetology, define the | ||
scope of such practice, and create the methods and grounds for | ||
imposing discipline. | ||
ARTICLE 3- MEMBER STATE REQUIREMENTS | ||
A. To be eligible to join this Compact, and to maintain | ||
eligibility as a Member State, a State must: | ||
1. License and regulate Cosmetology; | ||
2. Have a mechanism or entity in place to receive and | ||
investigate complaints about Licensees practicing in that state; | ||
3. Require that Licensees within the State pass a | ||
competency examination prior to being licensed to provide | ||
Cosmetology Services to the public in that State; | ||
4. Require that Licensees satisfy educational or | ||
training requirements prior to being licensed to provide | ||
Cosmetology Services to the public in that State; | ||
5. Implement procedures for considering one or more of | ||
the following categories of information from applicants for | ||
licensure: criminal history; disciplinary history; or Background | ||
Check. Such procedures may include the submission of information by | ||
applicants for the purpose of obtaining an applicant's Background | ||
Check as defined herein; | ||
6. Participate in the Data System, including through | ||
the use of unique identifying numbers; | ||
7. Share information related to disciplinary actions | ||
with the Commission and other Member States, both through the Data | ||
System and otherwise; | ||
8. Notify the Commission and other Member States, in | ||
compliance with the terms of the Compact and Rules of the | ||
Commission, of any Current Significant Investigative Information | ||
in the State's possession regarding a Licensee practicing in that | ||
State; | ||
9. Comply with such Rules as may be enacted by the | ||
Commission to administer the Compact; and | ||
10. Accept Licensees from other Member States as | ||
established herein. | ||
B. Member States may charge a fee for granting a license to | ||
practice Cosmetology. | ||
C. Individuals not residing in a Member State shall continue | ||
to be able to apply for a Member State's Single-State License as | ||
provided under the laws of each Member State. However, the | ||
Singe-State License granted to these individuals shall not be | ||
recognized as granting a Multistate License to provide services in | ||
any other Member State. | ||
D. Nothing in this Compact shall affect the requirements | ||
established by a Member State for the issuance of a Single-State | ||
License. | ||
E. A Multistate License issued to a Licensee by a Home State | ||
to a resident of that State shall be recognized by each Member State | ||
as authorizing a Licensee to practice Cosmetology in each Member | ||
State. | ||
F. At no point shall the Commission have the power to define | ||
the educational or professional requirements for a license to | ||
practice Cosmetology. The Member States shall retain sole | ||
jurisdiction over the provision of these requirements. | ||
ARTICLE 4- MULTISTATE LICENSE PROGRAM | ||
A. A Licensee who holds an active and unencumbered license | ||
to practice Cosmetology in their Home State shall be entitled to | ||
apply to their Home State's Licensing Authority for a Multistate | ||
License. | ||
B. Upon the receipt of an application for a Multistate | ||
License for Cosmetology, according to the Rules of the Commission, | ||
a Member State's Licensing Authority shall ascertain whether the | ||
applicant meets the requirements for a Multistate License under | ||
this Compact using any and all information available to the | ||
Licensing Authority, including, but not limited to, information | ||
uploaded to the Data System by the applicant's Home State. | ||
C. If an applicant meets the requirements for a Multistate | ||
License under this Compact and any Rules of the Commission, the | ||
Licensing Authority in receipt of the application shall, within a | ||
reasonable time, grant a Multistate License to that applicant, and | ||
inform all Member States of the grant of said Multistate License. | ||
D. A Multistate License to practice Cosmetology issued by a | ||
Member State's Licensing Authority shall be recognized by each | ||
Member State as authorizing the practice thereof as though that | ||
Licensee held a Single-State License to do so in each Member State, | ||
subject to the restrictions herein. | ||
E. A Multistate License granted pursuant to this Compact may | ||
be effective for a definite period of time, concurrent with renewal | ||
of the Home State License. | ||
F. To qualify for a Multistate License under this Compact, | ||
and to maintain eligibility for such a license, an applicant must: | ||
1. Hold an active, unencumbered license in the | ||
applicant's Home State; | ||
2. Be assigned and maintain a unique identifying | ||
number, according to the Rules of the Commission; | ||
3. Agree to abide by the rules and requirements of the | ||
Licensing Authority, and the State Practice Laws, of any Member | ||
State in which the applicant provides services; | ||
4. Pay all required fees related to the application | ||
and certification process, and any other fees which the Commission | ||
may by Rule require; and | ||
5. Comply with any and all other requirements | ||
regarding Multistate Licenses which the Commission may by Rule | ||
provide. | ||
G. A Licensee providing services in a Member State must | ||
comply with the State Practice Laws of the State in which the | ||
services are provided, and all other applicable laws of that State. | ||
H. The Practice of Cosmetology under a Multistate License | ||
granted pursuant to this Compact will subject the Licensee to the | ||
jurisdiction of the Licensing Authority, the courts, and the laws | ||
of the Member State in which the Cosmetology Services are provided. | ||
ARTICLE 5- OBTAINING A NEW HOME STATE LICENSE UNDER THE MULTISTATE | ||
LICENSE | ||
A. Under the Multistate Licensure Program in Article 4, a | ||
Licensee may hold a Home State License in only one Member State at | ||
any given time. | ||
B. If a Licensee changes their Primary State of Residence by | ||
moving between two Member States: | ||
1. The Licensee shall file an application for | ||
obtaining a new Home State License under the Multistate Licensure | ||
Program pursuant to Article 4, pay all applicable fees, and notify | ||
the current and new Home States in accordance with the Rules of the | ||
Commission. | ||
2. Upon receipt of an application for obtaining a new | ||
Home State License under the Multistate Licensure Program, the new | ||
Home State shall verify that the Licensee meets the criteria | ||
outlined in Article 4 via the Data System, without the need for | ||
primary source verification. | ||
3. If required for initial licensure in that State, a | ||
Member State may require an additional Background Check as | ||
specified in the laws of that State, or the compliance with any | ||
Jurisprudence Requirements of the new Home State. | ||
4. A Licensee may hold a Multistate License, as issued | ||
by their Home State, in only one Member State at a time. | ||
5. If a Licensee holding a Multistate License changes | ||
their primary state of residence by moving between two Member | ||
States, the Licensee shall apply for licensure in the new Home | ||
State, and the Multistate License issued by the prior Home State | ||
will be deactivated in accordance with the applicable Rules adopted | ||
by the Commission. | ||
6. Notwithstanding any other provision of this | ||
Compact, if a Licensee cannot meet the criteria set out in Article | ||
4, then the new Home State shall use the applicable requirements for | ||
a Single-State License in that State. | ||
7. A Licensee shall pay all applicable fees to the new | ||
Home State in order to be issued a new Home State license. | ||
C. If a Licensee changes their Primary State of Residence by | ||
moving from a Member State to a non-Member State, or from a | ||
non-Member State to a Member State, then the State criteria shall | ||
apply for the issuance of a Single-State License in the new Home | ||
State. | ||
D. Nothing in this Compact shall interfere with a Licensee's | ||
ability to hold a Single-State License in multiple States; however, | ||
for the purposes of this Compact, a Licensee shall have only one | ||
Home State, and only one Multistate License. | ||
E. Nothing in this Compact shall interfere with the | ||
requirements established by a Member State for the issuance of a | ||
Single-State License. | ||
ARTICLE 6- AUTHORITY OF THE COMPACT COMMISSION AND MEMBER STATE | ||
LICENSING AUTHORITIES | ||
A. Nothing in this Compact, nor any Rule or regulation of | ||
the Commission, shall be construed to limit, restrict, or in any way | ||
reduce the ability of a Member State to enact and enforce laws, | ||
regulations, or other rules related to the Practice of Cosmetology | ||
in that State, where those laws, regulations, or other rules are not | ||
inconsistent with the provisions of this Compact. | ||
B. Insofar as practical, a Member State's Licensing | ||
Authority shall cooperate with the Commission and with each entity | ||
exercising independent regulatory authority over the Practice of | ||
Cosmetology according to the provisions of this Compact. | ||
C. Licensees operating in a Member State under a Multistate | ||
License shall be subject to both the Rules and requirements of the | ||
Commission and those of the Member State in which Cosmetology | ||
Services are being provided. | ||
D. An Adverse Action by a Member State's Licensing Authority | ||
against a Licensee shall in no way limit another Member State's | ||
authority to grant a Single-State License to that Licensee, or to | ||
regulate such Single-State Licenses. | ||
E. Discipline shall be the sole responsibility of the State | ||
in which Cosmetology Services are provided. Accordingly, each | ||
Member State's Licensing Authority shall be responsible for | ||
receiving complaints about individuals practicing Cosmetology in | ||
that State, and for communicating all relevant Investigative | ||
Information about any such Adverse Action to the other Member | ||
States through the Data System in addition to any other methods the | ||
Commission may by Rule require. | ||
ARTICLE 7- ADVERSE ACTIONS | ||
A. A Licensee's Home State shall have exclusive power to | ||
impose an Adverse Action against Licensee's Multistate License | ||
issued by the Home State. | ||
B. In addition to the powers conferred by state law, each | ||
Member State's Licensing Authority shall have the power to: | ||
1. Take Adverse Action against a Licensee's | ||
Authorization to Practice Cosmetology through the Multistate | ||
License in the Member State, provided that: | ||
a. Only the Licensee's Home State shall have the | ||
power to take Adverse Action against the license issued by the Home | ||
State; and | ||
b. For the purposes of taking Adverse Action, the | ||
Home State's Licensing Authority shall give the same priority and | ||
effect to reported conduct received from a Remote State as it would | ||
if such conduct had occurred within the Home State. In so doing, the | ||
Home State shall apply its own state laws to determine the | ||
appropriate action. | ||
2. Issue cease and desist orders or impose an | ||
Encumbrance on a Licensee's Authorization to Practice within that | ||
Member State. | ||
3. Complete any pending investigations of a Licensee | ||
who changes their Primary State of Residence during the course of | ||
such an investigation. The Licensing Authority shall also be | ||
empowered to report the results of such an investigation to the | ||
Commission through the Data System as described herein. | ||
4. Issue subpoenas for both hearings and | ||
investigations that require the attendance and testimony of | ||
witnesses, as well as the production of evidence. Subpoenas issued | ||
by a Licensing Authority in a Member State for the attendance and | ||
testimony of witnesses or the production of evidence from another | ||
Member State shall be enforced in the latter state by any court of | ||
competent jurisdiction, according to the practice and procedure of | ||
that court applicable to subpoenas issued in proceedings before it. | ||
The issuing Licensing Authority shall pay any witness fees, travel | ||
expenses, mileage, and other fees required by the service statutes | ||
of the State in which the witnesses or evidence are located. | ||
5. If otherwise permitted by state law, recover from | ||
the affected Licensee the costs of investigations and disposition | ||
of cases resulting from any Adverse Action taken against that | ||
Licensee. | ||
6. Take Adverse Action based on the factual findings | ||
of a Remote State, provided that the Licensing Authority follows | ||
its own procedures for taking such Adverse Action. | ||
C. A Licensee's Home State shall complete any pending | ||
investigation(s) of a Cosmetologist who changes their Primary State | ||
of Residence during the course of the investigation(s). The Home | ||
State, shall also have the authority to take appropriate action(s) | ||
and shall promptly report the conclusions of the investigations to | ||
the Data System. | ||
D. If an Adverse Action is taken by the Home State against | ||
Licensee's Multistate License, the Licensee's Authorization to | ||
Practice in all other Member States shall be deactivated until all | ||
Encumbrances have been removed from the Home State license. All | ||
Home State disciplinary orders that impose an Adverse Action | ||
against a Licensee's Multistate License shall include a statement | ||
that the Cosmetologist's Authorization to Practice is deactivated | ||
in all Member States during the pendency of the order. | ||
E. Nothing in this Compact shall override a Member State's | ||
authority to accept a Licensee's participation in an Alternative | ||
Program in lieu of Adverse Action. A Licensee's Multistate License | ||
shall be suspended for the duration of the Licensee's participation | ||
in any Alternative Program. | ||
ARTICLE 8- ACTIVE DUTY MILITARY AND THEIR SPOUSES | ||
Active Duty Military personnel, or their spouses, shall designate a | ||
Home State where the individual has a current license in good | ||
standing. The individual may retain their Home State designation | ||
during any period of service when that individual is on active duty | ||
assignment. | ||
ARTICLE 9- ESTABLISHMENT OF THE COSMETOLOGY LICENSURE COMPACT | ||
COMMISSION | ||
A. The Compact Member States hereby create and establish a | ||
joint government agency whose membership consists of all member | ||
states that have enacted the compact known as the Cosmetology | ||
Compact Commission. The Commission is an instrumentality of the | ||
Compact States acting jointly and not an instrumentality of any one | ||
state. | ||
B. Membership, Voting, and Meetings | ||
1. Each Member State shall have and be limited to one | ||
(1) delegate selected by that Member State's State Licensing | ||
Authority. | ||
2. The delegate shall be an administrator of the | ||
Licensing Authority of the Member State or their designee. | ||
3. The Commission shall by Rule or bylaw establish a | ||
term of office for delegates and may by Rule or bylaw establish term | ||
limits. | ||
4. The Commission may recommend removal or suspension | ||
any delegate from office. | ||
5. A Member State's State Licensing Authority shall | ||
fill any vacancy of its delegate occurring on the Commission within | ||
60 days of the vacancy. | ||
6. Each delegate shall be entitled to one vote on all | ||
matters before the Commission requiring a vote by Commission | ||
delegates. | ||
7. A delegate shall vote in person or by such other | ||
means as provided in the bylaws. The bylaws may provide for | ||
delegates to meet by telecommunication, videoconference, or other | ||
means of communication. | ||
8. The Commission shall meet at least once during each | ||
calendar year. Additional meetings may be held as set forth in the | ||
bylaws. The Commission may meet by telecommunication, video | ||
conference or other similar electronic means. | ||
C. The Commission shall have the following powers: | ||
1. Establish the fiscal year of the Commission; | ||
2. Establish code of conduct and conflict of interest | ||
policies; | ||
3. Establish and amend Rules and bylaws; | ||
4. Maintain its financial records in accordance with | ||
the bylaws; | ||
5. Meet and take such actions as are consistent with | ||
the provisions of this Compact, the Commission's Rules, and the | ||
bylaws; | ||
6. Initiate and conclude legal proceedings or actions | ||
in the name of the Commission, provided that the standing of any | ||
State Licensing Board to sue or be sued under applicable law shall | ||
not be affected; | ||
7. Purchase and maintain insurance and bonds; | ||
8. Borrow, accept, or contract for services of | ||
personnel, including, but not limited to, employees of a Member | ||
State; | ||
9. Conduct an annual financial review | ||
10. Hire employees, elect or appoint officers, fix | ||
compensation, define duties, grant such individuals appropriate | ||
authority to carry out the purposes of the Compact, and establish | ||
the Commission's personnel policies and programs relating to | ||
conflicts of interest, qualifications of personnel, and other | ||
related personnel matters; | ||
11. Assess and collect fees; | ||
12. Accept any and all appropriate gifts, donations, | ||
grants of money, other sources of revenue, equipment, supplies, | ||
materials, and services, and to receive, utilize, and dispose of | ||
the same; provided that at all times the Commission shall avoid any | ||
appearance of impropriety or conflict of interest; | ||
13. Lease, purchase, retain, own, hold, improve, or | ||
use any property, real, personal, or mixed, or any undivided | ||
interest therein; | ||
14. Sell, convey, mortgage, pledge, lease, exchange, | ||
abandon, or otherwise dispose of any property real, personal, or | ||
mixed; | ||
15. Establish a budget and make expenditures; | ||
16. Borrow money; | ||
17. Appoint committees, including standing | ||
committees, composed of members, State regulators, State | ||
legislators or their representatives, and consumer | ||
representatives, and such other interested persons as may be | ||
designated in this Compact and the bylaws; | ||
18. Provide and receive information from, and | ||
cooperate with, law enforcement agencies; | ||
19. Establish and elect an Executive Committee, | ||
including a chair and a vice chair; | ||
20. Determine whether a State's adopted language is | ||
materially different from the model compact language such that the | ||
State would not qualify for participation in the Compact; and | ||
21. Perform such other functions as may be necessary | ||
or appropriate to achieve the purposes of this Compact. | ||
D. The Executive Committee | ||
1. The Executive Committee shall have the power to act | ||
on behalf of the Commission according to the terms of this Compact. | ||
The powers, duties, and responsibilities of the Executive Committee | ||
shall include: | ||
a. Oversee the day-to-day activities of the | ||
administration of the compact including enforcement and compliance | ||
with the provisions of the compact, its Rules and bylaws, and other | ||
such duties as deemed necessary; | ||
b. Recommend to the Commission changes to the | ||
Rules or bylaws, changes to this Compact legislation, fees charged | ||
to Compact Member States, fees charged to licensees, and other | ||
fees; | ||
c. Ensure Compact administration services are | ||
appropriately provided, including by contract; | ||
d. Prepare and recommend the budget; | ||
e. Maintain financial records on behalf of the | ||
Commission; | ||
f. Monitor Compact compliance of Member States | ||
and provide compliance reports to the Commission; | ||
g. Establish additional committees as necessary; | ||
h. Exercise the powers and duties of the | ||
Commission during the interim between Commission meetings, except | ||
for adopting or amending Rules, adopting or amending bylaws, and | ||
exercising any other powers and duties expressly reserved to the | ||
Commission by Rule or bylaw; and | ||
i. Other duties as provided in the Rules or | ||
bylaws of the Commission. | ||
2. The Executive Committee shall be composed of seven | ||
members: | ||
a. The chair and vice chair of the Commission | ||
shall be voting members of the Executive Committee; and | ||
b. The Commission shall elect seven voting | ||
members from the current membership of the Commission. | ||
c. The Commission may elect ex-officio, | ||
nonvoting members from a recognized national Cosmetology | ||
professional association as approved by the Commission. The | ||
Commission's bylaws shall identify qualifying organizations and | ||
the manner of appointment if the number of organizations seeking to | ||
appoint an ex officio member exceeds the number of members | ||
specified in this section. | ||
3. The Commission may remove any member of the | ||
Executive Committee as provided in the Commission's bylaws. | ||
4. The Executive Committee shall meet at least | ||
annually. | ||
a. Executive Committee meetings shall be open to | ||
the public, except that the Executive Committee may meet in a | ||
closed, non-public meeting as provided in subsection E.2 below. | ||
b. The Executive Committee shall give ten days' | ||
notice of its meetings, posted on its website and as determined to | ||
provide notice to persons with an interest in the business of the | ||
Commission. | ||
c. The Executive Committee may hold a special | ||
meeting in accordance with subsection E.1.b. below. | ||
E. The Commission shall adopt and provide to the Member | ||
States an annual report. | ||
F. Meetings of the Commission | ||
1. All meetings shall be open to the public, except | ||
that the Commission may meet in a closed, non-public meeting as | ||
provided in subsection F.2 below. | ||
a. Public notice for all meetings of the full | ||
Commission of meetings shall begiven in the same manner as required | ||
under the Rulemaking provisions in Section 11, except that the | ||
Commission may hold a special meeting as provided in subsection | ||
F.1.b below. | ||
b. The Commission may hold a special meeting when | ||
it must meet to conduct emergency business by giving [24, 48,or | ||
other] hours' notice to all commissioners, on the Commission's | ||
website, and other means as provided in the Commission's rules. The | ||
Commission's legal counsel shall certify that the Commission's need | ||
to meet qualifies as an emergency. | ||
2. The Commission or the Executive Committee or other | ||
committees of the Commission may convene in a closed, non-public | ||
meeting for the Commission or Executive Committee or other | ||
committees of the Commission to receive legal advice or to discuss: | ||
a. Non-compliance of a Member State with its | ||
obligations under the Compact; | ||
b. The employment, compensation, discipline or | ||
other matters, practices or procedures related to specific | ||
employees; | ||
c. Current or threatened discipline of a Licensee | ||
or by the Commission or by a Member State's Licensing Board; | ||
d. Current, threatened, or reasonably | ||
anticipated litigation; | ||
e. Negotiation of contracts for the purchase, | ||
lease, or sale of goods, services, or real estate; | ||
f. Accusing any person of a crime or formally | ||
censuring any person; | ||
g. Trade secrets or commercial or financial | ||
information that is privileged or confidential; | ||
h. Information of a personal nature where | ||
disclosure would constitute a clearly unwarranted invasion of | ||
personal privacy; | ||
i. Investigative records compiled for law | ||
enforcement purposes; | ||
j. Information related to any investigative | ||
reports prepared by or on behalf of or for use of the Commission or | ||
other committee charged with responsibility of investigation or | ||
determination of compliance issuespursuant to the Compact; | ||
k. Matters specifically exempted from disclosure | ||
by federal or Member State law; or | ||
l. Other matters as promulgated by the Commission | ||
by Rule. | ||
3. If a meeting, or portion of a meeting, is closed, | ||
the presiding officer shall state that the meeting will be closed | ||
and reference each relevant exempting provision, and such reference | ||
shall be recorded in the minutes. | ||
4. The Commission shall keep minutes that fully and | ||
clearly describe all matters discussed in a meeting and shall | ||
provide a full and accurate summary of actions taken, and the | ||
reasons therefore, including a description of the views expressed. | ||
All documents considered in connection with an action shall be | ||
identified in such minutes. All minutes and documents of a closed | ||
meeting shall remain under seal, subject to release only by a | ||
majority vote of the Commission or order of a court of competent | ||
jurisdiction. | ||
G. Financing of the Commission | ||
1. The Commission shall pay, or provide for the | ||
payment of, the reasonable expenses of its establishment, | ||
organization, and ongoing activities. | ||
2. The Commission may accept any and all appropriate | ||
revenue sources as provided in C(12). | ||
3. The Commission may levy on and collect an annual | ||
assessment from each Member State and impose fees on licensees of | ||
Member States to whom it grants a Multistate License to cover the | ||
cost of the operations and activities of the Commission and its | ||
staff, which must be in a total amount sufficient to cover its | ||
annual budget as approved each year for which revenue is not | ||
provided by other sources. The aggregate annual assessment amount | ||
for Member States shall be allocated based upon a formula that the | ||
Commission shall promulgate by Rule. | ||
4. The Commission shall not incur obligations of any | ||
kind prior to securing the funds adequate to meet the same; nor | ||
shall the Commission pledge the credit of any of the Member States, | ||
except by and with the authority of the Member State. | ||
5. The Commission shall keep accurate accounts of all | ||
receipts and disbursements. The receipts and disbursements of the | ||
Commission shall be subject to the financial review and accounting | ||
procedures established under its bylaws. However, all receipts and | ||
disbursements of funds handled by the Commission shall be subject | ||
to an annual financial review bya certified or licensed public | ||
accountant, and the report of the financial review shall be | ||
included in and become part of the annual report of the Commission. | ||
H. Qualified Immunity, Defense, and Indemnification | ||
1. The members, officers, executive director, | ||
employees and representatives of the Commission shall be immune | ||
from suit and liability, both personally and in their official | ||
capacity, for any claim for damage to or loss of property or | ||
personal injury or other civil liability caused by or arising out of | ||
any actual or alleged act, error, or omission that occurred, or that | ||
the person against whom the claim is made had a reasonable basis for | ||
believing occurred within the scope of Commission employment, | ||
duties or responsibilities; provided that nothing in this paragraph | ||
shall be construed to protect any such person from suit or liability | ||
for any damage, loss, injury, or liability caused by the | ||
intentional or willful or wanton misconduct of that person. The | ||
procurement of insurance of any type by the Commission shall not in | ||
any way compromise or limit the immunity granted hereunder. | ||
2. The Commission shall defend any member, officer, | ||
executive director, employee, and representative of the Commission | ||
in any civil action seeking to impose liabilityarising out of any | ||
actual or alleged act, error, or omission that occurred within the | ||
scope of Commission employment, duties, or responsibilities, or as | ||
determined by the commission that the person against whom the claim | ||
is made had a reasonable basis for believing occurred within the | ||
scope of Commission employment, duties, or responsibilities; | ||
provided that nothing herein shall be construed to prohibit that | ||
person from retaining their own counsel at their own expense; and | ||
provided further, that the actual or alleged act, error, or | ||
omission did not result from that person's intentional or willful | ||
or wanton misconduct. | ||
3. The Commission shall indemnify and hold harmless | ||
any member, officer, executive director, employee, and | ||
representative of the Commission for the amount of any settlement | ||
or judgment obtained against that person arising out of any actual | ||
or alleged act, error, or omission that occurred within the scope of | ||
Commission employment, duties, or responsibilities, or that such | ||
person had a reasonable basis for believing occurred within the | ||
scope of Commission employment, duties, or responsibilities, | ||
provided that the actual or alleged act, error, or omission did not | ||
result from the intentional or willful or wanton misconduct of that | ||
person. | ||
4. Nothing herein shall be construed as a limitation | ||
on the liability of any licensee for professional malpractice or | ||
misconduct, which shall be governed solely by any other applicable | ||
state laws. | ||
5. Nothing in this Compact shall be interpreted to | ||
waive or otherwise abrogate a Member State's state action immunity | ||
or state action affirmative defense with respect to antitrust | ||
claims under the Sherman Act, Clayton Act, or any other state or | ||
federal antitrust or anticompetitive law or regulation. | ||
6. Nothing in this Compact shall be construed to be a | ||
waiver of sovereign immunity by the Member States or by the | ||
Commission. | ||
ARTICLE 10- DATA SYSTEM | ||
A. The Commission shall provide for the development, | ||
maintenance, operation, and utilization of a coordinated database | ||
and reporting system containing licensure, Adverse Action, and the | ||
presence of Current Significant Investigative Information on all | ||
licensed individuals in Member States. | ||
B. Notwithstanding any other provision of State law to the | ||
contrary, a Member State shall submit a uniform data set to the Data | ||
System on all individuals to whom this Compact is applicable as | ||
required by the Rules of the Commission, including: | ||
1. Identifying information; | ||
2. Licensure data; | ||
3. Adverse Actions against a license or Privilege to | ||
Practice [and information related thereto]; | ||
4. Non-confidential information related to | ||
Alternative Program participation, the beginning and ending dates | ||
of such participation, and other information related to such | ||
participation not made confidential under Member State law; | ||
5. Any denial of application for licensure, and the | ||
reason(s) for such denial; | ||
6. The presence of Current Significant Investigative | ||
Information; and | ||
7. Other information that may facilitate the | ||
administration of this Compact or the protection of the public, as | ||
determined by the Rules of the Commission. | ||
C. The information contained in the data system shall be | ||
considered authentic and not hearsay in any civil action involving | ||
the Commission when accompanied by a certification by the | ||
Commission's data system manager concerning the authenticity of the | ||
data. | ||
D. Current Significant Investigative Information and | ||
Investigative Information pertaining to a Licensee in any Member | ||
State will only be available to other Member States. | ||
E. It is the responsibility of the Member States to report | ||
any Adverse Action against a Licensee. Adverse Action information | ||
pertaining to a Licensee in any Member State will be available to | ||
any other Member State. | ||
F. Member States contributing information to the Data | ||
System may designate information that may not be shared with the | ||
public without the express permission of the contributing State. | ||
G. Any information submitted to the Data System that is | ||
subsequently expunged pursuant to federal law or the laws of the | ||
Member State contributing the information shall be removed from the | ||
Data System. | ||
ARTICLE 11- RULEMAKING | ||
A. The Commission shall promulgate reasonable Rules in | ||
order to effectively and efficiently implement and administer the | ||
purposes and provisions of the Compact. In addition to any other | ||
applicable standard of review, in the event a court of competent | ||
jurisdiction holds that the Commission exercised its Rulemaking | ||
authority in a manner that is beyond the scope of the purposes of | ||
the Compact, or the powers granted hereunder, then such an action by | ||
the Commission shall be invalid and have no force or effect. | ||
B. The Rules of the Commission shall have the force of law in | ||
each Member State, provided however that where the Rules of the | ||
Commission conflict with the State Practice Laws of a Member State | ||
as held by a court of competent jurisdiction, the Rules of the | ||
Commission shall be ineffective in that State to the extent of the | ||
conflict. | ||
C. The Commission shall exercise its Rulemaking powers | ||
pursuant to the criteria set forth in this Section and the Rules | ||
adopted thereunder. Rules and amendments shall become binding as of | ||
the date specified in each Rule or amendment. | ||
D. If a majority of the legislatures of the Member States | ||
rejects a Rule or portion of a Rule, by enactment of a statute or | ||
resolution in the same manner used to adopt the Compact within four | ||
(4) years of the date of adoption of the Rule, then such Rule shall | ||
have no further force and effect in any Member State. | ||
E. Rules or amendments to the Rules shall be adopted at a | ||
regular or special meeting of the Commission. | ||
F. Prior to adoption of a proposed Rule, the Commission | ||
shall hold a public hearing and allow persons to give oral testimony | ||
and submit written data, facts, opinions, and arguments. | ||
G. Prior to adoption of a proposed Rule by the Commission, | ||
and at least thirty (30) days in advance of the meeting at which the | ||
Commission will hold a public hearing on the proposed Rule, the | ||
Commission shall provide a Notice of Proposed Rulemaking: | ||
1. On the website of the Commission or other publicly | ||
accessible platform; | ||
2. To persons who have requested notice of the | ||
Commission's notices of proposed rulemaking, and | ||
3. In such other way(s) as the Commission may by Rule | ||
specify. | ||
H. The Notice of Proposed Rulemaking shall include: | ||
1. The time, date, and location of the public hearing | ||
at which the Commission will hear testimony on the proposed Rule | ||
and, if different, the time, date, and location of the meeting where | ||
the Commission will consider and vote on the proposed Rule; | ||
2. If the hearing is held via telecommunication, video | ||
conference, or other electronic means, the Commission shall include | ||
the mechanism for access to the hearing in the Notice of Proposed | ||
Rulemaking; | ||
3. The text of the proposed Rule and the reason | ||
therefor; | ||
4. A request for comments on the proposed Rule from any | ||
interested person; and | ||
5. The manner in which interested persons may submit | ||
written comments. | ||
I. Prior to adoption of a proposed Rule, the Commission | ||
shall allow persons to submit written data, facts, opinions, and | ||
arguments, which shall be made available to the public. | ||
J. The Commission shall grant an opportunity for a public | ||
hearing before it adopts a Rule or amendment if a hearing is | ||
requested by: | ||
1. At least twenty-five (25) persons; | ||
2. A State or federal governmental subdivision or | ||
agency; or | ||
3. An association or organization having at least | ||
twenty-five (25) members. | ||
K. If a hearing is held on the proposed Rule or amendment, | ||
the Commission shall publish the place, time, and date of the | ||
scheduled public hearing. If the hearing is held via electronic | ||
means, the Commission shall publish the mechanism for access to the | ||
electronic hearing. | ||
1. All persons wishing to be heard at the hearing shall | ||
notify the executive director of the Commission or other designated | ||
member in writing of their desire to appear and testify at the | ||
hearing not less than five (5) business days before the scheduled | ||
date of the hearing. | ||
2. Hearings shall be conducted in a manner providing | ||
each person who wishes to comment a fair and reasonable opportunity | ||
to commend orally or in writing. | ||
3. All hearings will be recorded. A copy of the | ||
recording will be made available on request. | ||
4. Nothing in this section shall be construed as | ||
requiring a separate hearing on each Rule. Rules may be grouped for | ||
the convenience of the Commission at hearings required by this | ||
section. | ||
L. Following the scheduled hearing date, or by the close of | ||
business on the scheduled hearing date if the hearing was not held, | ||
the Commission shall consider all written and oral comments | ||
received. | ||
M. If no written notice of intent to attend the public | ||
hearing by interested parties is received, the Commission may | ||
proceed with promulgation of the proposed Rule without a public | ||
hearing. | ||
N. The Commission shall, by majority vote of all members, | ||
take final action on the proposed Rule and shall determine the | ||
effective date of the Rule, if any, based on the Rulemaking record | ||
and the full text of the Rule. | ||
O. Upon determination that an emergency exists, the | ||
Commission may consider and adopt an emergency Rule without prior | ||
notice, opportunity for comment, or hearing, provided that the | ||
usual Rulemaking procedures provided in the Compact and in this | ||
Article shall be retroactively applied to the Rule as soon as | ||
reasonably possible, in no event later than ninety (90) days after | ||
the effective date of the Rule. For the purposes of this provision, | ||
an emergency Rule is one that must be adopted immediately in order | ||
to: | ||
1. Meet an imminent threat to public health, safety, | ||
or welfare; | ||
2. Prevent a loss of Commission or Member State funds; | ||
3. Meet a deadline for the promulgation of an | ||
administrative Rule that is established by federal law or Rule; or | ||
4. Protect public health and safety. | ||
P. The Commission or authorized committee of the Commission | ||
may direct revisions to a previously adopted Rule or amendment fir | ||
purposes of correcting typographical errors, errors in format, | ||
errors in consistency, or grammatical errors. Public notice of any | ||
revisions shall be posted on the website of the Commission. The | ||
revision shall be subject to challenge by any person for a period of | ||
thirty (30) days after posting. The revision may be challenged only | ||
on grounds that the revision results in a material change to a Rule. | ||
A challenge shall be made in writing and delivered to the chair of | ||
the Commission prior to the end of the notice period. If not | ||
challenge is made, the revision will take effect without further | ||
action. If the revision is challenged, the revision may not take | ||
effect with the approval of the Commission. | ||
ARTICLE 12- OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT | ||
A. Oversight | ||
1. The executive, legislative, and judicial branches | ||
of State government in each Member State shall enforce this Compact | ||
and take all actions necessary and appropriate to effectuate the | ||
Compact's purposes and intent. The provisions of this Compact and | ||
the Rules promulgated hereunder shall have standing as statutory | ||
law. | ||
2. All courts shall take judicial notice of the | ||
Compact and the Rules in any judicial or administrative proceeding | ||
in a Member State pertaining to the subject matter of this Compact | ||
which may affect the powers, responsibilities, or actions of the | ||
Commission. | ||
3. The Commission shall be entitled to receive service | ||
of process in any such proceeding, and shall have standing to | ||
intervene in such a proceeding for all purposes. Failure to provide | ||
service of process to the Commission shall render a judgment or | ||
order void as to the Commission, this Compact, or promulgated | ||
Rules. | ||
B. Default, Technical Assistance, and Termination | ||
1. If the Commission determines that a Member State | ||
has defaulted in the performance of its obligations or | ||
responsibilities under this Compact or the promulgated Rules, the | ||
Commission shall: | ||
a. Provide written notice to the defaulting State | ||
and other Member States of the nature of the default, the proposed | ||
means or curing the default and any other action to be taken by the | ||
Commission; and | ||
b. Provide remedial training and specific | ||
technical assistance regarding the default. | ||
2. If a State in default fails to cure the default, the | ||
defaulting State may be terminated from this Compact upon an | ||
affirmative vote of a majority of the Member States, and all rights, | ||
privileges and benefits conferred by this Compact may be terminated | ||
on the effective date of termination. A cure of the default does not | ||
relieve the offending State of obligations or liabilities incurred | ||
during the period of default. | ||
3. Termination of membership in the Compact shall be | ||
imposed only after all other means of securing compliance have been | ||
exhausted. Notice of intent to suspend or terminate shall be given | ||
by the Commission to the governor, the majority and minority | ||
leaders of the defaulting State's legislature, and each of the | ||
Member States. | ||
4. A State that has been terminated is responsible for | ||
all assessments, obligations, and liabilities incurred through the | ||
effective date of termination, including obligations that extend | ||
beyond the effective date of termination. | ||
5. The Commission shall not bear any costs related to a | ||
State that is found to be in default or that has been terminated | ||
from the Compact, unless agreed upon in writing between the | ||
Commission and the defaulting State. | ||
6. The defaulting State may appeal the action of the | ||
Commission by petitioning the U.S. District Court for the District | ||
of Columbia or the federal district where the Commission has its | ||
principal offices. The prevailing member shall be awarded all costs | ||
of such litigation, including attorney's fees. | ||
C. Dispute Resolution | ||
1. Upon request by a Member State, the Commission | ||
shall attempt to resolve disputes related to the Compact that arise | ||
among Member States and between member and non-member States. | ||
2. The Commission shall promulgate a Rule providing | ||
for both mediation and binding dispute resolution for disputes as | ||
appropriate. | ||
D. Enforcement | ||
1. The Commission, in the reasonable exercise of its | ||
discretion, shall enforce the provisions and Rules of this Compact. | ||
2. By majority vote, the Commission may initiate legal | ||
action in the United States District Court for the District of | ||
Columbia or the federal district where the Commission has its | ||
principal offices against a Member State in default to enforce | ||
compliance with the provisions of the Compact and its promulgated | ||
Rules and bylaws. The relief sought may include both injunctive | ||
relief and damages. In the event judicial enforcement is necessary, | ||
the prevailing member shall be awarded costs of such litigation, | ||
including attorney's fees. | ||
3. The remedies herein shall not be the exclusive | ||
remedies of the Commission. The Commission may pursue any other | ||
remedies available under federal or State law. | ||
ARTICLE 13- DATE OF IMPLEMENTATION OF THE COSMETOLOGY LICENSURE | ||
COMPACT COMMISSION AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT | ||
A. The Compact shall come into effect on the date on which | ||
the Compact statute is enacted into law in the tenth Member State. | ||
The provisions, which become effective at that time, shall be | ||
limited to the powers granted to the Commission relating to | ||
assembly and the promulgation or Rules. Thereafter, the Commission | ||
shall meet and exercise Rulemaking powers necessary to the | ||
implementation and administration of this Compact. | ||
B. Any State that joins the Compact subsequent to the | ||
Commission's initial adoption of the Rules shall be subject to the | ||
Rules as they exist on the date on which the Compact becomes law in | ||
that State. Any Rule that has been previously adopted by the | ||
Commission shall have the full force and effect of law on the day | ||
the Compact becomes law in that State. | ||
C. Any Member State may withdraw from this Compact by | ||
enacting a statute repealing the same. | ||
1. A Member State's withdrawal shall not take effect | ||
until six (6) months after the enactment of the repealing statute. | ||
2. Withdrawal shall not affect the continuing | ||
requirement of the withdrawing State's Licensing Authority to | ||
comply with the investigative and Adverse Action reporting | ||
requirements of this Compact prior to the effective date of | ||
withdrawal. | ||
D. Nothing contained in this Compact shall be construed to | ||
invalidate or prevent any Cosmetology licensure agreement or other | ||
cooperative agreement between a Member State and a non-member State | ||
that does not conflict with the provisions of this Compact. | ||
E. This Compact may be amended by the Member States. No | ||
amendment to this Compact shall become effective and binding upon | ||
any Member State until it is enacted into the laws of all Member | ||
States. | ||
ARTICLE 14- CONSTRUCTION AND SEVERABILITY | ||
This Compact shall be liberally construed so as to effectuate the | ||
purposes thereof. The provisions of this Compact shall be severable | ||
and if any phrase, clause, sentence, or provision of this Compact is | ||
declared to be contrary to the constitution of any Member State or | ||
of the United States or the applicability thereof to any | ||
government, agency, person, or circumstance is held invalid, the | ||
validity of the remainder of this Compact and the applicability | ||
thereof to any government, agency, person, or circumstance shall | ||
not be affected thereby. If this Compact shall be held contrary to | ||
the constitution of any Member State, the Compact shall remain in | ||
full force and effect as to the remaining Member States and in full | ||
force and effect as to the Member State affected as to all severable | ||
matters. | ||
ARTICLE 15- BINDING EFFECT OF COMPACT AND OTHER LAWS | ||
A. A Licensee providing Cosmetology Services in a Remote | ||
State under a Multistate License shall function within the laws and | ||
regulations of the Remote State. | ||
B. Nothing herein prevents the enforcement of any other law | ||
of a Member State that is not inconsistent with this Compact. | ||
C. Any laws in a Member State in conflict with this Compact | ||
are superseded to the extent of the conflict. | ||
D. Any lawful actions by the Commission, including all Rules | ||
and bylaws promulgated by the Commission, are binding upon the | ||
Member States. | ||
E. All agreements between the Commission and the Member | ||
States are binding in accordance with their terms. | ||
F. In the event any provision of the Compact exceeds the | ||
constitutional limits imposed on the legislature of any Member | ||
State, the provision shall be ineffective to the extent of the | ||
conflict with the constitutional provision in question in that | ||
Member State. |