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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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|---|---|
| Jan 03, 2024 |
referred to consumer protection |
| Oct 18, 2023 |
referred to rules |
Senate Bill S7709
2023-2024 Legislative Session
Relates to enacting the cosmetology licensure compact
download bill text pdfSponsored By
(R, C, IP) 62nd Senate District
Current Bill Status - In Senate Committee Consumer Protection Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2023-S7709 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A8199
- Current Committee:
- Senate Consumer Protection
- Law Section:
- General Business Law
- Laws Affected:
- Add §401-a, Gen Bus L
2023-S7709 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7709
SPONSOR: ORTT
TITLE OF BILL:
An act to amend the general business law, in relation to adopting the
cosmetology licensure compact
PURPOSE OR GENERAL IDEA OF BILL:
Adopts the Cosmetology licensure compact and makes NY a Member State.
SUMMARY OF PROVISIONS:
Section 1. This act enacts into law components of legislation relating
to enacting the cosmetology licensure compact. The education law is
amended by adding a new section, Article 401-a. The purpose of this
Compact is to facilitate the mobility of Cosmetologists across the
Member States, with the goal of supporting them through a new pathway to
licensure. Through this Compact, the Member States seek to establish a
collective regulatory framework that expedites and enhances the ability
of Cosmetologists to move across State lines.
Section two establishes the severability clause. Section three states the effective date. JUSTIFICATION: The Office of the Deputy under Secretary of Defense recommends this legislation for the Military Community and Family Policy as part of their top ten priorities for States, which are important for the quali- ty-of-life issues for service members and families. New York is behind when it comes to the adoption of these licensing requirements. Incon- sistencies between states and the lack of portable employment opportu- nities hinder military spouses' career growth. The anticipated outcome is that states provide alternative certifications, and enhance the licensing procedures so that it fits the needs of working military fami- lies. New York can achieve this by providing education and training opportunities, reciprocal licensing agreements, and out-of-state licens- ing recognition. This would ensure that military spouses are able to practice their profession across state lines. According to the United States Department of Defense-State Liaison Office, this legislation aligns with the 'best practices' language that is given by the Depart- ment of Defense to partner with States to support military families. Uniformity for cosmetology licensure across states will allow for these services to be more accessible. This law will strengthen the Member States and allow them to protect public health, prevent fraud, and unli- censed activity in the states and within the profession. This legislation will also serve the purpose of allowing people from other states to come and practice in New York regardless of military status. This will expand the number of jobs and people in this field. With New York joining this compact it will also allow more people to have opportunities to use these services. PRIOR LEGISLATIVE HISTORY: New Bill. FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None EFFECTIVE DATE: This act shall take effect immediately.
2023-S7709 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
7709
2023-2024 Regular Sessions
I N S E N A T E
October 18, 2023
___________
Introduced by Sen. ORTT -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the general business law, in relation to adopting the
cosmetology licensure compact
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general business law is amended by adding a new section
401-a to read as follows:
§ 401-A. COSMETOLOGY LICENSURE COMPACT. THE COSMETOLOGY LICENSURE
COMPACT IS HEREBY ENTERED INTO AND ENACTED INTO LAW WITH ALL JURISDIC-
TIONS LEGALLY JOINING THEREIN, IN THE FORM SUBSTANTIALLY 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;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11662-01-3
S. 7709 2
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 FOLLOW-
ING 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 COSMETOLO-
GIST, 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 ENCUM-
BRANCE 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 PROSE-
CUTORIAL 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 LEGIS-
LATION TO ADOPT THIS COMPACT WHERE SUCH LEGISLATION PREDATES THE EFFEC-
TIVE 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 COSME-
TOLOGY" 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
S. 7709 3
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 INFORMA-
TION, 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 LIMITA-
TION 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 UNENCUM-
BERED LICENSE TO PRACTICE COSMETOLOGY.
Q. "INVESTIGATIVE INFORMATION" MEANS INFORMATION, RECORDS, OR DOCU-
MENTS 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:
S. 7709 4
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 COMPE-
TENCY 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 HISTO-
RY; 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 INFOR-
MATION 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 LICEN-
SEE MUST HOLD AN ACTIVE AND UNENCUMBERED SINGLE-STATE LICENSE TO PRAC-
TICE 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 LICENS-
ING AUTHORITY SHALL ASCERTAIN WHETHER THE APPLICANT MEETS THE REQUIRE-
MENTS 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
S. 7709 5
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 EFFEC-
TIVE 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, UNEN-
CUMBERED 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 ACCORD-
ANCE 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 COMPLI-
ANCE 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 REISSU-
ANCE 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 REQUIRE-
MENTS 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
S. 7709 6
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 COMMIS-
SION, 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 COMMUNI-
CATING 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
S. 7709 7
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 PRAC-
TICE 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 DISCIPLI-
NARY ORDERS THAT IMPOSE AN ADVERSE ACTION AGAINST A LICENSEE'S MULTI-
STATE LICENSE SHALL INCLUDE A STATEMENT THAT THE COSMETOLOGIST'S AUTHOR-
IZATION 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 INVESTI-
GATIONS OF LICENSEES.
2. MEMBER STATES SHALL SHARE ANY INVESTIGATIVE, LITIGATION, OR COMPLI-
ANCE 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
S. 7709 8
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 VACAN-
CY.
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 COMMIS-
SION 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 ESTAB-
LISHED 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 JURISPRU-
DENCE 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
S. 7709 9
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 DIFFER-
ENT FROM THE MODEL COMPACT LANGUAGE SUCH THAT THE STATE WOULD NOT QUALI-
FY 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 NECES-
SARY;
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.
S. 7709 10
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 ORGAN-
IZATIONS 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 COMMIT-
TEE 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 EMER-
GENCY 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, PRAC-
TICES 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;
S. 7709 11
G. TRADE SECRETS OR COMMERCIAL OR FINANCIAL INFORMATION THAT IS PRIVI-
LEGED 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 REVEN-
UE, 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 COMMIS-
SION.
H. QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION
1. THE MEMBERS, OFFICERS, EXECUTIVE DIRECTOR, EMPLOYEES AND REPRESEN-
TATIVES OF THE COMMISSION SHALL BE IMMUNE FROM SUIT AND LIABILITY, BOTH
PERSONALLY AND IN THEIR OFFICIAL CAPACITY, FOR ANY CLAIM FOR DAMAGE TO
S. 7709 12
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 PROCURE-
MENT 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 DIREC-
TOR, 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 EMPLOY-
MENT, 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, OFFI-
CER, 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 RESPONSI-
BILITIES, OR THAT SUCH PERSON HAD A REASONABLE BASIS FOR BELIEVING
OCCURRED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT, DUTIES, OR RESPONSI-
BILITIES, 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 AFFIRMA-
TIVE 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 SOVER-
EIGN 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;
S. 7709 13
3. ADVERSE ACTIONS AGAINST A LICENSE AND INFORMATION RELATED THERETO;
4. NON-CONFIDENTIAL INFORMATION RELATED TO ALTERNATIVE PROGRAM PARTIC-
IPATION, 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 INFORMA-
TION 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 COMMIS-
SION OR AN AGENT THEREOF, SHALL CONSTITUTE THE AUTHENTICATED BUSINESS
RECORDS OF THE COMMISSION, AND SHALL BE ENTITLED TO ANY ASSOCIATED HEAR-
SAY 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 DATA-
BASE 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 EFFEC-
TIVELY 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
S. 7709 14
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 PLAT-
FORM;
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 COMMIS-
SION 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;
S. 7709 15
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 GRAM-
MATICAL 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 MATERI-
AL 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 COMMIS-
SION 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, PRIVI-
LEGES AND BENEFITS CONFERRED ON THAT STATE BY THIS COMPACT MAY BE TERMI-
NATED 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.
S. 7709 16
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 ASSESS-
MENTS, 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 COLUM-
BIA OR THE FEDERAL DISTRICT WHERE THE COMMISSION HAS ITS PRINCIPAL
OFFICES. THE PREVAILING PARTY SHALL BE AWARDED ALL COSTS OF SUCH LITI-
GATION, 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 PROMULGAT-
ED 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 REASON-
ABLE ATTORNEY'S FEES.
4. NO INDIVIDUAL OR ENTITY OTHER THAN A MEMBER STATE MAY ENFORCE THIS
COMPACT AGAINST THE COMMISSION.
S. 7709 17
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 TERMI-
NATED 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 FURTHER-
ANCE 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 COMMIS-
SION'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 STAT-
UTE 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 WITH-
DRAWING STATE'S STATE LICENSING AUTHORITY TO COMPLY WITH THE INVESTI-
GATIVE 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 LICEN-
SEES WITHIN THAT STATE. NOTWITHSTANDING ANY SUBSEQUENT STATUTORY ENACT-
MENT 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 IMPLEMEN-
S. 7709 18
TATION 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 845 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.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section, or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section,
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 3. This act shall take effect immediately; provided, however, that
section one of this act shall take effect as specifically set forth in
such section.
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