RELATING TO THE COSMETOLOGY LICENSURE COMPACT.

SB3260

THE SENATE

S.B. NO.

3260

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO THE COSMETOLOGY LICENSURE COMPACT
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

����
SECTION 1.
�
The Hawaii
Revised Statutes is amended by adding a new chapter to be appropriately
designated and to read as follows:

"
Chapter

COSMETOLOGY LICENSURE COMPACT

����
� -1
�
Short title.
�
This chapter may be cited as the Cosmetology
Licensure Compact.

����
� -2
�
Terms and provisions of compact;
authorization; governor.
�
The
legislature hereby authorizes the governor to, no later than January 1, 2027,
enter into a compact on behalf of the State of Hawaii with any other state
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;

����
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; and

����
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.
��
"Alternative
Program" means a non-disciplinary monitoring or prosecutorial diversion
program approved by a Member State's State Licensing Authority.

����
D.
��
"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.

����
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 requirement.

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.

����
� -3
�
Rules.
�

The department of commerce and consumer affairs shall adopt rules
pursuant to chapter 91 for the purposes of implementing and administering this
chapter."

����
SECTION 2.
�

This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

DCCA;
Governor; Cosmetology Licensure Compact; Beauty Culture; Adoption; Rules

Description:

Authorizes
the Governor to enter into a Cosmetology Licensure Compact on behalf of the
State to provide a streamlined process that allows cosmetologists to obtain a
multistate license enabling them to practice cosmetology in another state
without obtaining a separate license under the laws of that state.
�
Requires the Department of Commerce and
Consumer Affairs to adopt rules to implement and administer the Compact.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.