Bill Text: TX SB1615 | 2023-2024 | 88th Legislature | Comm Sub
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-Comm_Sub.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-Comm_Sub.html
By: Zaffirini | S.B. No. 1615 | |
(Wilson, et al.) | ||
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relating to the cosmetology licensure compact. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Title 9, Occupations Code, is amended by adding | ||
Chapter 1604 to read as follows: | ||
CHAPTER 1604. COSMETOLOGY LICENSURE COMPACT | ||
Sec. 1604.001. COSMETOLOGY LICENSURE COMPACT. The | ||
Cosmetology Licensure Compact is enacted and entered into with all | ||
other jurisdictions that legally join the compact, which reads 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 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 Military Member" means any person with full-time duty | ||
status in the armed forces 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 State Licensing Authority or other regulatory body | ||
against a Cosmetologist, including actions against an | ||
individual's license or Authorization to Practice such as | ||
revocation, suspension, probation, monitoring of the Licensee, | ||
limitation of the Licensee's practice, or any other Encumbrance | ||
on a license 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 that Remote State, which shall be subject to the | ||
enforcement jurisdiction of the State Licensing Authority in | ||
that Remote State. | ||
D. "Alternative Program" means a non-disciplinary monitoring or | ||
prosecutorial diversion program approved by a Member State's | ||
State 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. "Charter Member State" means Member States who have enacted | ||
legislation to adopt this Compact where such legislation | ||
predates the effective date of this Compact as defined in Article | ||
13. | ||
G. "Commission" means the government agency whose membership | ||
consists of all States that have enacted this Compact, which is | ||
known as the Cosmetology Licensure Compact Commission, as | ||
defined in Article 9, and which shall operate as an | ||
instrumentality of the Member States. | ||
H. "Cosmetologist" means an individual licensed in their Home State | ||
to practice Cosmetology. | ||
I. "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. | ||
J. "Current Significant Investigative Information" means: | ||
1. Investigative Information that a State 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. | ||
K. "Data System" means a repository of information about Licensees, | ||
including, but not limited to, license status, Investigative | ||
Information, and Adverse Actions. | ||
L. "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. | ||
M. "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. | ||
N. "Encumbrance" means a revocation or suspension of, or any | ||
limitation on, the full and unrestricted Practice of Cosmetology | ||
by a State Licensing Authority. | ||
O. "Executive Committee" means a group of delegates elected or | ||
appointed to act on behalf of, and within the powers granted to | ||
them by, the Commission. | ||
P. "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. | ||
Q. "Investigative Information" means information, records, or | ||
documents received or generated by a State Licensing Authority | ||
pursuant to an investigation or other inquiry. | ||
R. "Jurisprudence Requirement" means the assessment of an | ||
individual's knowledge of the laws and rules governing the | ||
Practice of Cosmetology in a State. | ||
S. "Licensee" means an individual who currently holds a license | ||
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 issued by and subject to | ||
the enforcement jurisdiction of the State Licensing Authority in | ||
a Licensee's Home State, which authorizes the Practice of | ||
Cosmetology in Member States and includes Authorizations to | ||
Practice Cosmetology in all Remote States 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 Licensing Authority" means a Member State's regulatory | ||
body responsible for issuing Cosmetology licenses or otherwise | ||
overseeing the Practice of Cosmetology in that State. | ||
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 | ||
Cosmetology 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 in Cosmetology 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 Adverse 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 the existence of Investigative | ||
Information or 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 | ||
Single-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 | ||
A. To be eligible to apply to their Home State's State Licensing | ||
Authority for an initial Multistate License under this Compact, | ||
a Licensee must hold an active and unencumbered Single-State | ||
License to practice Cosmetology in their Home State. | ||
B. Upon the receipt of an application for a Multistate License, | ||
according to the Rules of the Commission, a Member State's State | ||
Licensing Authority shall ascertain whether the applicant meets | ||
the requirements for a Multistate License under this Compact. | ||
C. If an applicant meets the requirements for a Multistate License | ||
under this Compact and any applicable Rules of the Commission, | ||
the State 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 State 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 the | ||
licensure renewal period in the Home State. | ||
F. To maintain a Multistate License under this Compact, a Licensee | ||
must: | ||
1. Agree to abide by the rules of the State Licensing | ||
Authority, and the State scope of practice laws | ||
governing the Practice of Cosmetology, of any Member | ||
State in which the Licensee provides services; | ||
2. Pay all required fees related to the application and | ||
process, and any other fees which the Commission may by | ||
Rule require; and | ||
3. Comply with any and all other requirements regarding | ||
Multistate Licenses which the Commission may by Rule | ||
provide. | ||
G. A Licensee practicing in a Member State is subject to all scope | ||
of practice laws governing Cosmetology Services in 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 State Licensing Authority, the courts, and | ||
the laws of the Member State in which the Cosmetology Services | ||
are provided. | ||
ARTICLE 5- REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME STATE | ||
A. A Licensee may hold a Multistate License, issued by their Home | ||
State, in only one Member State at any given time. | ||
B. If a Licensee changes their Home State by moving between two | ||
Member States: | ||
1. The Licensee shall immediately apply for the reissuance | ||
of their Multistate License in their new Home State. The | ||
Licensee shall pay all applicable fees and notify the | ||
prior Home State in accordance with the Rules of the | ||
Commission. | ||
2. Upon receipt of an application to reissue a Multistate | ||
License, the new Home State shall verify that the | ||
Multistate License is active, unencumbered and eligible | ||
for reissuance under the terms of the Compact and the | ||
Rules of the Commission. The Multistate License issued | ||
by the prior Home State will be deactivated and all | ||
Member States notified in accordance with the | ||
applicable Rules adopted by the Commission. | ||
3. If required for initial licensure, the new Home State | ||
may require a Background Check as specified in the laws | ||
of that State, or the compliance with any Jurisprudence | ||
Requirements of the new Home State. | ||
4. Notwithstanding any other provision of this Compact, if | ||
a Licensee does not meet the requirements set forth in | ||
this Compact for the reissuance of a Multistate License | ||
by the new Home State, then the Licensee shall be | ||
subject to the new Home State requirements for the | ||
issuance of a Single-State License in that State. | ||
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 Licensee shall be subject to | ||
the State requirements 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 State 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. Discipline shall be the sole responsibility of the State in | ||
which Cosmetology Services are provided. Accordingly, each | ||
Member State's State 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 a Licensee's Multistate License issued by | ||
the Home State. | ||
B. A Home State may take Adverse Action on a Multistate License | ||
based on the Investigative Information, Current Significant | ||
Investigative Information, or Adverse Action of a Remote State. | ||
C. In addition to the powers conferred by State law, each Remote | ||
State's State Licensing Authority shall have the power to: | ||
1. Take Adverse Action against a Licensee's Authorization | ||
to Practice Cosmetology through the Multistate License | ||
in that Member State, provided that: | ||
a. Only the Licensee's Home State shall have the | ||
power to take Adverse Action against the | ||
Multistate License issued by the Home State; and | ||
b. For the purposes of taking Adverse Action, the | ||
Home State's State 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 State 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 State 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 State 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 against the Licensee's | ||
Authorization to Practice in that State based on the | ||
factual findings of another Remote State. | ||
D. 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. | ||
E. If an Adverse Action is taken by the Home State against a | ||
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. | ||
F. 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. | ||
G. Joint Investigations | ||
1. In addition to the authority granted to a Member State | ||
by its respective scope of practice laws or other | ||
applicable State law, a Member State may participate | ||
with other Member States in joint investigations of | ||
Licensees. | ||
2. Member States shall share any investigative, | ||
litigation, or compliance materials in furtherance of | ||
any joint or individual investigation initiated under | ||
the Compact. | ||
ARTICLE 8- ACTIVE MILITARY MEMBERS AND THEIR SPOUSES | ||
Active Military Members, or their spouses, shall designate a Home | ||
State where the individual has a current license to practice | ||
Cosmetology in good standing. The individual may retain their Home | ||
State designation during any period of service when that individual | ||
or their spouse is on active duty assignment. | ||
ARTICLE 9- ESTABLISHMENT AND OPERATION 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 Licensure | ||
Compact Commission. The Commission is an instrumentality of the | ||
Compact Member States acting jointly and not an instrumentality | ||
of any one State. The Commission shall come into existence on or | ||
after the effective date of the Compact as set forth in Article | ||
13. | ||
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 State | ||
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 of | ||
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 that are voted on by the Commission. | ||
7. 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. Adopt 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 Authority to sue or be sued under | ||
applicable law shall not be affected; | ||
7. Maintain and certify records and information provided | ||
to a Member State as the authenticated business records | ||
of the Commission, and designate an agent to do so on | ||
the Commission's behalf; | ||
8. Purchase and maintain insurance and bonds; | ||
9. Borrow, accept, or contract for services of personnel, | ||
including, but not limited to, employees of a Member | ||
State; | ||
10. Conduct an annual financial review; | ||
11. 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; | ||
12. As set forth in the Commission Rules, charge a fee to a | ||
Licensee for the grant of a Multistate License and | ||
thereafter, as may be established by Commission Rule, | ||
charge the Licensee a Multistate License renewal fee | ||
for each renewal period. Nothing herein shall be | ||
construed to prevent a Home State from charging a | ||
Licensee a fee for a Multistate License or renewals of a | ||
Multistate License, or a fee for the jurisprudence | ||
requirement if the Member State imposes such a | ||
requirement for the grant of a Multistate License; | ||
13. Assess and collect fees; | ||
14. Accept any and all appropriate gifts, donations, | ||
grants of money, other sources of revenue, equipment, | ||
supplies, materials, and services, and receive, | ||
utilize, and dispose of the same; provided that at all | ||
times the Commission shall avoid any appearance of | ||
impropriety or conflict of interest; | ||
15. Lease, purchase, retain, own, hold, improve, or use any | ||
property, real, personal, or mixed, or any undivided | ||
interest therein; | ||
16. Sell, convey, mortgage, pledge, lease, exchange, | ||
abandon, or otherwise dispose of any property real, | ||
personal, or mixed; | ||
17. Establish a budget and make expenditures; | ||
18. Borrow money; | ||
19. 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; | ||
20. Provide and receive information from, and cooperate | ||
with, law enforcement agencies; | ||
21. Elect a Chair, Vice Chair, Secretary and Treasurer and | ||
such other officers of the Commission as provided in the | ||
Commission's bylaws; | ||
22. Establish and elect an Executive Committee, including | ||
a chair and a vice chair; | ||
23. Adopt and provide to the Member States an annual | ||
report. | ||
24. 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 | ||
25. 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. Overseeing the day-to-day activities of the | ||
administration of the Compact including | ||
compliance with the provisions of the Compact, the | ||
Commission's Rules and bylaws, and other such | ||
duties as deemed necessary; | ||
b. Recommending 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. Ensuring Compact administration services are | ||
appropriately provided, including by contract; | ||
d. Preparing and recommending the budget; | ||
e. Maintaining financial records on behalf of the | ||
Commission; | ||
f. Monitoring Compact compliance of Member States | ||
and providing compliance reports to the | ||
Commission; | ||
g. Establishing additional committees as necessary; | ||
h. Exercising 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 up to | ||
seven voting members: | ||
a. The chair and vice chair of the Commission and any | ||
other members of the Commission who serve on the | ||
Executive Committee shall be voting members of the | ||
Executive Committee; and | ||
b. Other than the chair, vice-chair, secretary and | ||
treasurer, the Commission shall elect three | ||
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 Article. | ||
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. Annual Executive Committee meetings, as well as | ||
any Executive Committee meeting at which it does | ||
not take or intend to take formal action on a | ||
matter for which a Commission vote would otherwise | ||
be required, shall be open to the public, except | ||
that the Executive Committee may meet in a closed, | ||
non-public session of a public meeting when | ||
dealing with any of the matters covered under | ||
Article 9.F.4. | ||
b. The Executive Committee shall give five business | ||
days advance notice of its public meetings, posted | ||
on its website and as determined to provide notice | ||
to persons with an interest in the public matters | ||
the Executive Committee intends to address at | ||
those meetings. | ||
5. The Executive Committee may hold an emergency meeting | ||
when acting for the Commission to: | ||
a. Meet an imminent threat to public health, safety, | ||
or welfare; | ||
b. Prevent a loss of Commission or Member State | ||
funds; or | ||
c. Protect public health and safety. | ||
E. The Commission shall adopt and provide to the Member States an | ||
annual report. | ||
F. Meetings of the Commission | ||
1. All meetings of the Commission that are not closed | ||
pursuant to Article 9.F.4 shall be open to the public. | ||
Notice of public meetings shall be posted on the | ||
Commission's website at least thirty (30) days prior to | ||
the public meeting. | ||
2. Notwithstanding Article 9.F.1, the Commission may | ||
convene an emergency public meeting by providing at | ||
least twenty-four (24) hours prior notice on the | ||
Commission's website, and any other means as provided in | ||
the Commission's Rules, for any of the reasons it may | ||
dispense with notice of proposed rulemaking under | ||
Article 11.L. The Commission's legal counsel shall | ||
certify that one of the reasons justifying an emergency | ||
public meeting has been met. | ||
3. Notice of all Commission meetings shall provide the | ||
time, date, and location of the meeting, and if the | ||
meeting is to be held or accessible via | ||
telecommunication, video conference, or other | ||
electronic means, the notice shall include the | ||
mechanism for access to the meeting. | ||
4. The Commission may convene in a closed, non-public | ||
meeting for the Commission 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 or other matters related to the | ||
Commission's internal personnel practices and | ||
procedures; | ||
c. Current or threatened discipline of a Licensee by | ||
the Commission or by a Member State's Licensing | ||
Authority; | ||
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 issues pursuant to the Compact; | ||
k. Legal advice; | ||
l. Matters specifically exempted from disclosure to | ||
the public by federal or Member State law; or | ||
m. Other matters as promulgated by the Commission by | ||
Rule. | ||
5. 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. | ||
6. 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 | ||
sources of revenue, donations, and grants of money, | ||
equipment, supplies, materials, and services. | ||
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 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. All receipts and disbursements of | ||
funds handled by the Commission shall be subject to an | ||
annual financial review by a 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 | ||
liability arising 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. | ||
B. The Commission shall assign each applicant for a Multistate | ||
License a unique identifier, as determined by the Rules of the | ||
Commission. | ||
C. 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 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; | ||
5. Any denial of application for licensure, and the | ||
reason(s) for such denial (excluding the reporting of | ||
any criminal history record information where | ||
prohibited by law); | ||
6. The existence of Investigative Information; | ||
7. The existence of Current Significant Investigative | ||
Information; and | ||
8. Other information that may facilitate the | ||
administration of this Compact or the protection of the | ||
public, as determined by the Rules of the Commission. | ||
D. The records and information provided to a Member State pursuant | ||
to this Compact or through the Data System, when certified by the | ||
Commission or an agent thereof, shall constitute the | ||
authenticated business records of the Commission, and shall be | ||
entitled to any associated hearsay exception in any relevant | ||
judicial, quasi-judicial or administrative proceedings in a | ||
Member State. | ||
E. The existence of Current Significant Investigative Information | ||
and the existence of Investigative Information pertaining to a | ||
Licensee in any Member State will only be available to other | ||
Member States. | ||
F. It is the responsibility of the Member States to monitor the | ||
database to determine whether Adverse Action has been taken | ||
against such a Licensee or License applicant. Adverse Action | ||
information pertaining to a Licensee or License applicant in any | ||
Member State will be available to any other Member State. | ||
G. 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. | ||
H. 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. A Rule shall be invalid | ||
and have no force or effect only if a court of competent | ||
jurisdiction holds that the Rule is invalid because the | ||
Commission exercised its rulemaking authority in a manner that | ||
is beyond the scope and purposes of the Compact, or the powers | ||
granted hereunder, or based upon another applicable standard of | ||
review. | ||
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 laws of the Member State that | ||
establish the Member State's scope of practice laws governing the | ||
Practice of Cosmetology 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 Article and the Rules adopted | ||
thereunder. Rules shall become binding as of the date specified | ||
by the Commission for each Rule. | ||
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 or to | ||
any State applying to participate in the Compact. | ||
E. 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 provide oral and written | ||
comments, 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 public comments 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. All hearings will be recorded. A copy of the recording and all | ||
written comments and documents received by the Commission in | ||
response to the proposed Rule shall be available to the public. | ||
J. Nothing in this Article 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 | ||
Article. | ||
K. The Commission shall, by majority vote of all members, take | ||
final action on the proposed Rule based on the rulemaking record | ||
and the full text of the Rule. | ||
1. The Commission may adopt changes to the proposed Rule | ||
provided the changes do not enlarge the original | ||
purpose of the proposed Rule. | ||
2. The Commission shall provide an explanation of the | ||
reasons for substantive changes made to the proposed | ||
Rule as well as reasons for substantive changes not made | ||
that were recommended by commenters. | ||
3. The Commission shall determine a reasonable effective | ||
date for the Rule. Except for an emergency as provided | ||
in Article 11.L, the effective date of the Rule shall be | ||
no sooner than forty-five (45) days after the | ||
Commission issuing the notice that it adopted or | ||
amended the Rule. | ||
L. Upon determination that an emergency exists, the Commission may | ||
consider and adopt an emergency Rule with five (5) days' notice, | ||
with opportunity to comment, 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 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 a Rule that is | ||
established by federal law or rule; or | ||
4. Protect public health and safety. | ||
M. The Commission or an authorized committee of the Commission may | ||
direct revisions to a previously adopted Rule for 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 Commission prior to the end of the notice | ||
period. If no challenge is made, the revision will take effect | ||
without further action. If the revision is challenged, the | ||
revision may not take effect without the approval of the | ||
Commission. | ||
N. No Member State's rulemaking requirements shall apply under this | ||
Compact. | ||
ARTICLE 12- OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT | ||
A. Oversight | ||
1. The executive and judicial branches of State | ||
government in each Member State shall enforce this | ||
Compact and take all actions necessary and appropriate | ||
to implement the Compact. | ||
2. Venue is proper and judicial proceedings by or against | ||
the Commission shall be brought solely and exclusively | ||
in a court of competent jurisdiction where the | ||
principal office of the Commission is located. The | ||
Commission may waive venue and jurisdictional defenses | ||
to the extent it adopts or consents to participate in | ||
alternative dispute resolution proceedings. Nothing | ||
herein shall affect or limit the selection or propriety | ||
of venue in any action against a Licensee for | ||
professional malpractice, misconduct or any such | ||
similar matter. | ||
3. The Commission shall be entitled to receive service of | ||
process in any proceeding regarding the enforcement or | ||
interpretation of the Compact and shall have standing | ||
to intervene in such a proceeding for all purposes. | ||
Failure to provide the Commission service of process | ||
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 provide written notice to | ||
the defaulting State. The notice of default shall | ||
describe the default, the proposed means of curing the | ||
default, and any other action that the Commission may | ||
take, and shall offer training and specific technical | ||
assistance regarding the default. | ||
2. The Commission shall provide a copy of the notice of | ||
default to the other Member States. | ||
3. If a State in default fails to cure the default, the | ||
defaulting State may be terminated from the Compact | ||
upon an affirmative vote of a majority of the delegates | ||
of the Member States, and all rights, privileges and | ||
benefits conferred on that State 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. | ||
4. 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, the defaulting State's | ||
State Licensing Authority and each of the Member States' | ||
State Licensing Authority. | ||
5. 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. | ||
6. Upon the termination of a State's membership from this | ||
Compact, that State shall immediately provide notice to | ||
all Licensees who hold a Multistate License within that | ||
State of such termination. The terminated State shall | ||
continue to recognize all licenses granted pursuant to | ||
this Compact for a minimum of one hundred eighty (180) | ||
days after the date of said notice of termination. | ||
7. 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. | ||
8. The defaulting State may appeal the action of the | ||
Commission by petitioning the United States District | ||
Court for the District of Columbia or the federal | ||
district where the Commission has its principal | ||
offices. The prevailing party shall be awarded all | ||
costs of such litigation, including reasonable | ||
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 of this | ||
Compact and the Commission's Rules. | ||
2. By majority vote as provided by Commission Rule, the | ||
Commission may initiate legal action against a Member | ||
State in default in the United States District Court for | ||
the District of Columbia or the federal district where | ||
the Commission has its principal offices to enforce | ||
compliance with the provisions of the Compact and its | ||
promulgated Rules. The relief sought may include both | ||
injunctive relief and damages. In the event judicial | ||
enforcement is necessary, the prevailing party shall be | ||
awarded all costs of such litigation, including | ||
reasonable attorney's fees. The remedies herein shall | ||
not be the exclusive remedies of the Commission. The | ||
Commission may pursue any other remedies available | ||
under federal or the defaulting Member State's law. | ||
3. A Member State may initiate legal action against the | ||
Commission in the United States District Court for the | ||
District of Columbia or the federal district where the | ||
Commission has its principal offices to enforce | ||
compliance with the provisions of the Compact and its | ||
promulgated Rules. The relief sought may include both | ||
injunctive relief and damages. In the event judicial | ||
enforcement is necessary, the prevailing party shall be | ||
awarded all costs of such litigation, including | ||
reasonable attorney's fees. | ||
4. No individual or entity other than a Member State may | ||
enforce this Compact against the Commission. | ||
ARTICLE 13- EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT | ||
A. The Compact shall come into effect on the date on which the | ||
Compact statute is enacted into law in the seventh Member State. | ||
1. On or after the effective date of the Compact, the | ||
Commission shall convene and review the enactment of | ||
each of the Charter Member States to determine if the | ||
statute enacted by each such Charter Member State is | ||
materially different than the model Compact statute. | ||
a. A Charter Member State whose enactment is found to | ||
be materially different from the model Compact | ||
statute shall be entitled to the default process | ||
set forth in Article 12. | ||
b. If any Member State is later found to be in | ||
default, or is terminated or withdraws from the | ||
Compact, the Commission shall remain in existence | ||
and the Compact shall remain in effect even if the | ||
number of Member States should be less than seven | ||
(7). | ||
2. Member States enacting the Compact subsequent to the | ||
Charter Member States shall be subject to the process | ||
set forth in Article 9.C.24 to determine if their | ||
enactments are materially different from the model | ||
Compact statute and whether they qualify for | ||
participation in the Compact. | ||
3. All actions taken for the benefit of the Commission or | ||
in furtherance of the purposes of the administration of | ||
the Compact prior to the effective date of the Compact | ||
or the Commission coming into existence shall be | ||
considered to be actions of the Commission unless | ||
specifically repudiated by the Commission. | ||
4. Any State that joins the Compact shall be subject to the | ||
Commission's Rules and bylaws 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. | ||
B. Any Member State may withdraw from this Compact by enacting a | ||
statute repealing that State's enactment of the Compact. | ||
1. A Member State's withdrawal shall not take effect until | ||
one hundred eighty (180) days after enactment of the | ||
repealing statute. | ||
2. Withdrawal shall not affect the continuing requirement | ||
of the withdrawing State's State Licensing Authority to | ||
comply with the investigative and Adverse Action | ||
reporting requirements of this Compact prior to the | ||
effective date of withdrawal. | ||
3. Upon the enactment of a statute withdrawing from this | ||
Compact, a State shall immediately provide notice of | ||
such withdrawal to all Licensees within that State. | ||
Notwithstanding any subsequent statutory enactment to | ||
the contrary, such withdrawing State shall continue to | ||
recognize all licenses granted pursuant to this Compact | ||
for a minimum of one hundred eighty (180) days after the | ||
date of such notice of withdrawal. | ||
C. Nothing contained in this Compact shall be construed to | ||
invalidate or prevent any licensure agreement or other | ||
cooperative arrangement between a Member State and a non-Member | ||
State that does not conflict with the provisions of this Compact. | ||
D. 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 | ||
A. This Compact and the Commission's rulemaking authority shall be | ||
liberally construed so as to effectuate the purposes, and the | ||
implementation and administration of the Compact. Provisions of | ||
the Compact expressly authorizing or requiring the promulgation | ||
of Rules shall not be construed to limit the Commission's | ||
rulemaking authority solely for those purposes. | ||
B. The provisions of this Compact shall be severable and if any | ||
phrase, clause, sentence or provision of this Compact is held by | ||
a court of competent jurisdiction to be contrary to the | ||
constitution of any Member State, a State seeking participation | ||
in the Compact, or of the United States, or the applicability | ||
thereof to any government, agency, person or circumstance is | ||
held to be unconstitutional by a court of competent | ||
jurisdiction, the validity of the remainder of this Compact and | ||
the applicability thereof to any other government, agency, | ||
person or circumstance shall not be affected thereby. | ||
C. Notwithstanding Article 14.B, the Commission may deny a State's | ||
participation in the Compact or, in accordance with the | ||
requirements of Article 12, terminate a Member State's | ||
participation in the Compact, if it determines that a | ||
constitutional requirement of a Member State is a material | ||
departure from the Compact. Otherwise, if this Compact shall be | ||
held to be 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- CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS | ||
A. Nothing herein shall prevent or inhibit the enforcement of any | ||
other law of a Member State that is not inconsistent with the | ||
Compact. | ||
B. Any laws, statutes, regulations, or other legal requirements in | ||
a Member State in conflict with the Compact are superseded to the | ||
extent of the conflict. | ||
C. All permissible agreements between the Commission and the Member | ||
States are binding in accordance with their terms. | ||
Sec. 1604.002. ADMINISTRATION OF COMPACT. The Texas | ||
Department of Licensing and Regulation is the Cosmetology Licensure | ||
Compact administrator for this state. | ||
Sec. 1604.003. RULES. The Texas Commission of Licensing | ||
and Regulation may adopt rules necessary to implement this chapter. | ||
SECTION 2. This Act takes effect September 1, 2026. |