An Act authorizing the Commonwealth of Pennsylvania to join the Cosmetology Licensure Compact; and providing for the form of the compact.

PRINTER'S NO. 321
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 365
Session of
2025
INTRODUCED BY SOLOMON, MAKO, GIRAL, HANBIDGE, VENKAT, GROVE,
KENYATTA, SANCHEZ, BURGOS, HILL-EVANS, MARCELL, CEPEDA-
FREYTIZ, MENTZER, FREEMAN, CERRATO, ABNEY AND GREEN,
JANUARY 27, 2025
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE,
JANUARY 27, 2025
AN ACT
Authorizing the Commonwealth of Pennsylvania to join the
Cosmetology Licensure Compact; and providing for the form of
the compact.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Cosmetology
Licensure Compact Act.
Section 2. Authority to execute compact.
The Governor, on behalf of the Commonwealth, is hereby
authorized to execute a compact in substantially the following
form with any one or more of the states of the United States and
the General Assembly hereby signifies in advance its approval
and ratification of the compact:
COSMETOLOGY LICENSURE COMPACT
SECTION 1. PURPOSE
The purpose of this Compact is to facilitate the interstate
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practice and regulation of Cosmetology with the goal of
improving public access to, and the safety of, Cosmetology
Services and reducing unnecessary burdens related to Cosmetology
licensure. Through this Compact, the Member States seek to
establish a regulatory framework which provides for a new
multistate licensing program. Through this new licensing
program, the Member States seek to provide increased value and
mobility to licensed Cosmetologists in the Member States, while
ensuring the provision of safe, effective, and reliable services
to the public.
This Compact is designed to achieve the following objectives,
and the Member States hereby ratify the same intentions by
subscribing hereto:
A. Provide opportunities for interstate practice by
Cosmetologists who meet uniform requirements for multistate
licensure;
B. Enhance the abilities of Member States to protect public
health and safety, and prevent fraud and unlicensed activity
within the profession;
C. Ensure and encourage cooperation between Member States in
the licensure and regulation of the Practice of Cosmetology;
D. Support relocating military members and their spouses;
E. Facilitate the exchange of information between Member
States related to the licensure, investigation, and discipline
of the Practice of Cosmetology;
F. Provide for the licensure and mobility of the workforce in
the profession, while addressing the shortage of workers and
lessening the associated burdens on the Member States.
SECTION 2. DEFINITIONS
As used in this Compact, and except as otherwise provided,
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the following definitions shall govern the terms herein:
A. "Active Military Member" means any person with full-time
duty status in the armed forces of the United States, including
members of the National Guard and Reserve.
B. "Adverse Action" means any administrative, civil,
equitable, or criminal action permitted by a Member State's laws
which is imposed by a State Licensing Authority or other
regulatory body against a Cosmetologist, including actions
against an individual's license or Authorization to Practice
such as revocation, suspension, probation, monitoring of the
Licensee, limitation of the Licensee's practice, or any other
Encumbrance on a license affecting an individual's ability to
participate in the Cosmetology industry, including the issuance
of a cease and desist order.
C. "Authorization to Practice" means a legal authorization
associated with a Multistate License permitting the Practice of
Cosmetology in that Remote State, which shall be subject to the
enforcement jurisdiction of the State Licensing Authority in
that Remote State.
D. "Alternative Program" means a non-disciplinary monitoring
or prosecutorial diversion program approved by a Member State's
State Licensing Authority.
E. "Background Check" means the submission of information for
an applicant for the purpose of obtaining that applicant's
criminal history record information, as further defined in 28
C.F.R. § 20.3(d), from the Federal Bureau of Investigation and
the agency responsible for retaining State criminal or
disciplinary history in the applicant's Home State.
F. "Charter Member State" means Member States who have
enacted legislation to adopt this Compact where such legislation
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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.
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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.
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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.
SECTION 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
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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 this 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 this 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
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practice Cosmetology. The Member States shall retain sole
jurisdiction over the provision of these requirements.
SECTION 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
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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.
SECTION 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 this Compact and the Rules of the Commission.
The Multistate License issued by the prior Home State will be
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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.
SECTION 6. AUTHORITY OF THE 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
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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.
SECTION 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:
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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
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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.
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2. Member States shall share any investigative, litigation,
or compliance materials in furtherance of any joint or
individual investigation initiated under this Compact.
SECTION 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.
SECTION 9. ESTABLISHMENT AND OPERATION OF THE COSMETOLOGY
LICENSURE COMPACT COMMISSION
A. The Member States hereby create and establish a joint
government agency whose membership consists of all Member States
that have enacted this Compact known as the Cosmetology
Licensure Compact Commission. The Commission is an
instrumentality of the 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 this 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.
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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;
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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 this 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,
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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 this 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 this Compact including compliance with the provisions of this
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
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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
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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
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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 this 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
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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 this 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
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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,
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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
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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.
SECTION 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
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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.
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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.
SECTION 11. RULEMAKING
A. The Commission shall promulgate reasonable Rules in order
to effectively and efficiently implement and administer the
purposes and provisions of this 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 this 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 this 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
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State or to any State applying to participate in this 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
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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 this 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
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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.
SECTION 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 this Compact.
2. Venue is proper and judicial proceedings by or against the
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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 this 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 this Compact upon an
affirmative vote of a majority of the delegates of the Member
States, and all rights, privileges and benefits conferred on
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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 this 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
this 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
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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 this 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
this 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
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this 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.
SECTION 13. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT
A. This Compact shall come into effect on the date on which
this Compact statute is enacted into law in the seventh Member
State.
1. On or after the effective date of this 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 this Compact, the Commission shall
remain in existence and this Compact shall remain in effect even
if the number of Member States should be less than seven (7).
2. Member States enacting this 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 this Compact.
3. All actions taken for the benefit of the Commission or in
furtherance of the purposes of the administration of this
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Compact prior to the effective date of this 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 this Compact shall be subject to the
Commission's Rules and bylaws as they exist on the date on which
this 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 this 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 this
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
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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.
SECTION 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 this Compact.
Provisions of this 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 this 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 this Compact or, in accordance with the
requirements of Article 12, terminate a Member State's
participation in this Compact, if it determines that a
constitutional requirement of a Member State is a material
departure from this Compact. Otherwise, if this Compact shall be
held to be contrary to the constitution of any Member State,
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this 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.
SECTION 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
this Compact.
B. Any laws, statutes, regulations, or other legal
requirements in a Member State in conflict with this 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.
Section 3. Operation.
(a) When compact effective.--When the Governor executes the
compact on behalf of the Commonwealth and files a verified copy
thereof with the Secretary of the Commonwealth and when the
compact is ratified by one or more other states, the compact
shall become effective between the Commonwealth and such other
state or states. The Governor is hereby authorized and directed
to take such action as may be necessary to complete the exchange
of official documents between the Commonwealth and any other
state ratifying the compact.
(b) Notice in Pennsylvania Bulletin.--The Secretary of the
Commonwealth shall transmit a notice to the Legislative
Reference Bureau for publication in the next available issue of
the Pennsylvania Bulletin when the conditions specified in
subsection (a) are satisfied and shall include in the notice the
date on which the compact became effective between the
Commonwealth and any other state or states in accordance with
this act.
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Section 4. Compensation and expenses of compact administrator.
The compact administrator who represents the Commonwealth, as
provided for in the compact, shall not be entitled to any
additional compensation for the duties and responsibilities as
compact administrator but shall be entitled to reimbursement for
reasonable expenses actually incurred in connection with the
duties and responsibilities as compact administrator in the same
manner as for expenses incurred in connection with other duties
and responsibilities of the office or employment.
Section 5. Effective date.
This act shall take effect in 60 days.
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