Enacting the esthetics licensure compact to provide interstate practice privileges for estheticians.

As Amended by Senate Committee
As Amended by House Committee
Session of 2026
HOUSE BILL No. 2760
By Committee on Health and Human Services
Requested by William Wilk on behalf of the Kansas Chamber of Commerce
2-6
AN ACT concerning health professions and practices; relating to
estheticians; enacting the esthetics licensure compact to provide
interstate practice privileges.
Be it enacted by the Legislature of the State of Kansas:
Section 1. This section shall be known and may be cited as the
esthetics licensure compact.
ARTICLE 1—PURPOSE
(a) The purpose of this compact is to facilitate the interstate practice
and regulation of esthetics with the goal of improving public access
thereto, the safety of esthetics services and reducing barriers related to
esthetician licensure. Through this compact the member states seek to
establish a regulatory framework that provides for a new multistate
licensing program. Through this new licensing program, the member states
seek to provide increased value and mobility to licensed estheticians in the
member states, while ensuring the provision of safe, effective and reliable
services to the public.
(b) This compact is designed to achieve the following objectives,
which are ratified by the member states to this compact:
(1) Provide opportunities for interstate practice by estheticians who
meet uniform requirements for multistate licensure;
(2) enhance the abilities of member states to protect public health and
safety and prevent fraud and unlicensed activity within the profession;
(3) ensure and encourage cooperation between member states in the
licensure and regulation of the practice of esthetics;
(4) support relocating military members and their spouses;
(5) facilitate the exchange of information between member states
related to the licensure, investigation and discipline of the practice of
esthetics; and
(6) provide for the licensure and mobility of the workforce in the
profession.
ARTICLE 2—DEFINITIONS
As used in this compact and except as otherwise provided, the
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following definitions shall apply:
(a) "Active duty military" means any individual in full-time duty
status in the active uniformed service of the United States, including
members of the national guard and reserve.
(b) "Adverse action" means any administrative, civil, equitable or
criminal action permitted by a member state's laws that is imposed by a
licensing authority or other regulatory body against an esthetician,
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 esthetics 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 esthetics in that remote
state, which shall be subject to the enforcement jurisdiction of the
licensing authority in that remote state.
(d) "Alternative program" means a nondisciplinary monitoring or
prosecutorial diversion program approved by a member state's licensing
authority.
(e) "Background check" means the submission of information for an
applicant for the purpose of obtaining that applicant's criminal history
record information, as further defined in 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 a member state that has 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 joint government agency whose
membership consists of all states that have enacted this compact, known as
the esthetics licensure compact commission, as defined in article 9, and
shall operate as an instrumentality of the member states.
(h) "Current significant investigative information" means
investigative information that:
(1) A licensing authority, after an inquiry or investigation that
complies with a member state's due process requirements, has reason to
believe is not groundless and, if proved true, would indicate a violation of
that state's laws regarding fraud or the practice of esthetics; or
(2) 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 has had an opportunity to respond.
(i) "Data system" means a repository of information about licensees,
including, but not limited to, license status, investigative information and
adverse actions.
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(j) "Disqualifying event" means any event that shall disqualify an
individual from holding a multistate license under this compact, which the
commission may by rule or order specify.
(k) "Encumbered license" means a license in which an adverse action
restricts the practice of esthetics by a licensee or in which such adverse
action has been reported to the commission.
(l) "Encumbrance" means a revocation or suspension of or any
limitation on the full and unrestricted practice of esthetics by a licensing
authority.
(m) "Esthetician" means an individual licensed in such individual's
home state to engage in the practice of esthetics as defined in this article.
(n) "Esthetics" means the skin care and services for cosmetic
purposes provided by an esthetician in a member state as set forth in the
relevant statutes and regulations of a member state. The practice of
esthetics occurs in the member state where the client is located at the time
of service.
(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 that is a licensee's primary
state of residence and where that licensee holds an active and
unencumbered license to practice esthetics.
(q) "Investigative information" means information, records or
documents received or generated by a 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
esthetics in a state.
(s) "Licensee" means an individual who currently holds a license
from a member state to practice as an esthetician.
(t) "Licensing authority" means a state's administrative or regulatory
body responsible for regulating the practice of esthetics or that is
responsible for issuing licenses to estheticians or otherwise overseeing the
practice of esthetics in that state.
(u) "Member state" means any state that has adopted this compact.
(v) "Multistate license" means a license issued and subject to the
enforcement jurisdiction of the licensing authority in a licensee's home
state that authorizes the practice of esthetics in member states and includes
authorizations to practice esthetics in all remote states pursuant to this
compact.
(w) "Remote state" means any member state other than the licensee's
home state.
(x) "Rule" means any rule or regulation adopted by the commission
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under this compact, or an authorized entity, that has the force of law.
(y) "Single-state license" means a license issued by a member state
that authorizes the practice of esthetics only within the issuing state and
does not include any authorization outside of the issuing state.
(z) "State" means a state, commonwealth, territory or possession of
the United States and the District of Columbia.
ARTICLE 3—MEMBER STATE REQUIREMENTS
(a) To be eligible to join this compact and to maintain eligibility as a
member state, a state shall:
(1) License estheticians and regulate esthetics;
(2) have a mechanism or entity in place to receive and investigate
complaints about licensees practicing in that state;
(3) require that licensees within the state pass a competency
examination prior to being licensed to provide esthetics services to the
public in that state;
(4) require that licensees satisfy educational or training requirements
prior to being licensed to provide esthetics 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 in this
compact;
(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 in this
compact.
(b) Member states may charge a fee for granting a multistate license
to practice esthetics.
(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
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HB 2760—Am. by SC 5
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 esthetics in each member state.
(f) The commission shall not have the power to define the educational
or professional requirements for a license to practice esthetics. 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 licensing authority for
an initial multistate license under this compact, a licensee shall hold an
active and unencumbered single-state license to practice esthetics 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 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
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 such multistate license.
(d) A multistate license to practice esthetics issued by a member
state's licensing authority shall be recognized by each member state as
authorizing the practice thereof as though that licensee held a single-state
license to do so in each member state, subject to the restrictions in this
compact.
(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
shall:
(1) Agree to abide by the rules of the licensing authority and the state
scope of practice laws governing the practice of esthetics of any member
state where the licensee provides services;
(2) pay all required fees related to the application and process and any
other fees that the commission may provide by rule; and
(3) comply with any and all other requirements regarding multistate
licenses that the commission may provide by rules.
(g) A licensee practicing in a member state shall be subject to all
scope of practice laws governing esthetics services in that state.
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HB 2760—Am. by SC 6
(h) The practice of esthetics under a multistate license granted
pursuant to this compact shall subject the licensee to the jurisdiction of the
licensing authority, the courts and the laws of the member state where the
esthetics 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 shall 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 the new home state or
compliance with any jurisprudence requirements of the new home state;
and
(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 nonmember state, or from a nonmember 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, except that, 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 rules or regulation of the
commission, shall be construed to limit, restrict or in any way reduce the
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HB 2760—Am. by SC 7
ability of a member state to enact and enforce laws, rules or regulations
related to the practice of esthetics in that state where those laws, rules or
regulations are not inconsistent with the provisions of this compact.
(b) Insofar as practicable, a member state's licensing authority shall
cooperate with the commission and with each entity exercising
independent regulatory authority over the practice of esthetics according to
the provisions of this compact.
(c) Discipline shall be the sole responsibility of the state where
esthetics services are provided. Accordingly, each member state's licensing
authority shall be responsible for receiving complaints about individuals
practicing esthetics 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 require by rule.
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 licensing authority shall have the power to:
(1) Take adverse action against a licensee's authorization to practice
esthetics through the multistate license in that member state, except 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 purpose of taking an adverse action, the home state's
licensing authority shall give the same priority and effect to reported
conduct received from a remote state as it would if such conduct had
occurred within the home state. In so doing, the home state shall apply its
own state laws to determine the appropriate action;
(2) issue cease and desist orders or impose an encumbrance on a
licensee's authorization to practice within that member state;
(3) complete any pending investigations of a licensee who changes
their primary state of residence during the course of such an investigation.
The licensing authority shall also be empowered to report the results of
such an investigation to the commission through the data system as
described in this compact;
(4) issue subpoenas for both hearings and investigations that require
the attendance and testimony of witnesses, as well as the production of
evidence. Subpoenas issued by a licensing authority in a member state for
the attendance and testimony of witnesses or the production of evidence
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HB 2760—Am. by SC 8
from another member state shall be enforced in the latter. State by any
court of competent jurisdiction, according to the practice and procedure of
that court applicable to subpoenas issued in proceedings before it. The
issuing licensing authority shall pay any witness fees, travel expenses,
mileage and other fees required by the service statutes of the state where
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; and
(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
of an esthetician who changes their primary state of residence while the
investigation is pending. The home state shall also have the authority to
take appropriate action 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 esthetician'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 DUTY MILITARY AND THEIR SPOUSES
An active duty military service member or their spouse shall designate
a home state where the individual has a current license in good standing.
The individual or spouse may retain their home state designation during
any period of service when that individual is on active duty.
ARTICLE 9—ESTABLISHMENT AND OPERATION OF
THE ESTHETICS LICENSURE COMPACT COMMISSION
(a) The compact member states create and establish a joint
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HB 2760—Am. by SC 9
government agency whose membership consists of all member states that
have enacted the compact known as the esthetics licensure compact
commission. The commission is an instrumentality of the compact 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 delegate
selected by that member state's licensing authority.
(2) The delegate shall be an administrator of the licensing authority of
the member state or their designee.
(3) The commission shall by rule or bylaw establish a term of office
for delegates and may by rule or bylaw establish term limits.
(4) The commission may recommend removal or suspension of any
delegate from office.
(5) A member state's 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 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
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HB 2760—Am. by SC 10
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 in this compact 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, except 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,
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, 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 participating 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 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:
(1) Overseeing the day-to-day activities of the administration of the
compact, including compliance with the provisions of the compact, the
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HB 2760—Am. by SC 11
commission's rules and bylaws and other such duties as deemed necessary;
(2) 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;
(3) ensuring compact administration services are appropriately
provided, including by contract;
(4) preparing and recommending the budget;
(5) maintaining financial records on behalf of the commission;
(6) monitoring compact compliance of member states and providing
compliance reports to the commission;
(7) establishing additional committees as necessary;
(8) exercise the powers and duties of the commission during the
interim between commission meetings, except for adopting or amending
rules, adopting or amending bylaws and exercising any other powers and
duties expressly reserved to the commission by rule or bylaw; and
(9) other duties as provided in the rules or bylaws of the commission.
(A) The executive committee shall be composed of up to seven
voting members:
(i) 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.
(ii) Other than the chair, vice chair, secretary and treasurer, the
commission shall elect three voting members from the current membership
of the commission.
(iii) The commission may elect ex officio, nonvoting members from a
recognized national organization 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.
(B) The commission may remove any member of the executive
committee as provided in the commission's bylaws.
(C) The executive committee shall meet at least annually.
(i) 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).
(ii) 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.
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HB 2760—Am. by SC 12
(D) The executive committee may hold an emergency meeting when
acting for the commission to:
(i) Meet an imminent threat to public health, safety or welfare;
(ii) prevent a loss of commission or participating state funds; or
(iii) protect public health and safety.
(e) The commission shall adopt and provide an annual report to the
member states.
(f) Meetings of the commission.
(1) All meetings of the commission that are not closed pursuant to
this subsection shall be open to the public. Notice of public meetings shall
be posted on the commission's website at least 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 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 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, nonpublic meeting for
the commission to discuss:
(A) Noncompliance 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
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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 adopted by the commission by rule.
(5) If a meeting, or portion of a meeting, is closed, the presiding
officer shall state that the meeting shall 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 therefor, 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 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 shall 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 adopt 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
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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 under this compact.
(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 in this compact 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 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
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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) nonconfidential 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 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 shall 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 shall be available to any
other member state.
(g) Member states contributing information to the data system may
designate information that shall 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
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contributing the information shall be removed from the data system.
ARTICLE 11— RULEMAKING
(a) The commission shall adopt reasonable rules 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 such rule is invalid because the
commission exercised its rulemaking authority in a manner that is beyond
the scope and purposes of the compact, the powers granted in this compact
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 esthetics 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 years of the date of adoption
of the rules, then such rules 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 30 days in advance of the meeting where the commission will hold a
public hearing on the proposed rules, 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 ways as the commission may specify by rule.
(h) The notice of proposed rulemaking shall include:
(1) The time, date and location of the public hearing where the
commission will hear public comments on the proposed rules and, if
different, the time, date and location of the meeting where the commission
will consider and vote on the proposed rules;
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(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 rules and the reason therefor;
(4) a request for comments on the proposed rules from any interested
person; and
(5) the manner in which interested persons may submit written
comments.
(i) All hearings shall 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 rules based on the rulemaking record and the full
text of the rules.
(1) The commission may adopt changes to the proposed rules
provided the changes do not enlarge the original purpose of the proposed
rules.
(2) The commission shall provide an explanation of the reasons for
substantive changes made to the proposed rules 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 rules. Except for an emergency as provided in subsection (l), the
effective date of the rules shall not be earlier than 45 days after the
commission adopted or amended the rules.
(l) Upon determination that an emergency exists, the commission
may consider and adopt an emergency rule with five 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 rules as soon as reasonably possible, in no event later than 90 days
after the effective date of the rules. For the purposes of this provision, an
emergency rule is one that shall be adopted immediately to:
(1) Meet an imminent threat to public health, safety or welfare;
(2) prevent the loss of commission or member state funds;
(3) meet a deadline for the adoption 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
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website of the commission. The revision shall be subject to challenge by
any person for a period of 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 shall take effect without further action. If the revision is
challenged, the revision shall 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 in this compact 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 adopted
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 adopted 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
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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 licensing authority and each of the
member state's 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 180 days after the date of such 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 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 nonmember states.
(2) The commission shall adopt 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 rules, 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 adopted rules. The
relief sought may include both injunctive relief and damages. In the event
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that judicial enforcement is necessary, the prevailing party shall be
awarded all costs of such litigation, including reasonable attorney fees.
The remedies in this compact 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 laws.
(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 adopted 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 fees.
(4) No individual or entity other than a member state shall enforce
this compact against the commission.
ARTICLE 13—EFFECTIVE DATE, WITHDRAWAL AND
AMENDMENT
(a) The compact shall come into effect on the date when the compact
statute is enacted into law in the seventh member state. 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.
(1) 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.
(2) 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.
(3) member states enacting the compact after the charter member
states shall be subject to the process set forth in article 9(c)(21) to
determine if their enactments are materially different from the model
compact statute and whether they qualify for participation in this compact.
(4) 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 actions of the commission unless specifically
repudiated by the commission.
(5) Any state that joins the compact shall be subject to the
commission's rules and bylaws as they exist on the date that the compact
becomes law in that state. Any rules that have 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.
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(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 180 days
after the enactment of the repealing statute.
(2) Withdrawal shall not affect the continuing requirement of the
withdrawing state's licensing authority to comply with the investigative
and adverse action reporting requirements of this compact prior to the
effective date of withdrawal.
(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 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 to effectuate the purposes and the implementation and
administration of the compact. The provisions of the compact expressly
authorizing or requiring the adoption 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 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
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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 in this compact 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, rules and 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.
(d) The purpose of this compact is to facilitate multistate licensure for
estheticians. Nothing in this compact shall subject a member state to any
laws, regulations, rules or policies from any other member state beyond
the intended purpose of this compact.
(e) Nothing in this compact shall require any member state to adopt
additional laws, regulations, rules or policies beyond the intended purpose
of this compact.
Sec. 2. This act shall take effect and be in force from and after its
publication in the statute book Kansas register.
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