Cosmetology compact

AN ACT Relating to the cosmetology licensure compact; adding a 1
new section to chapter 18.16 RCW; creating a new section; and 2
providing a contingent effective date. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. A new section is added to chapter 18.16 5
RCW to read as follows: 6
ARTICLE 17
PURPOSE8
The purpose of this compact is to facilitate the interstate 9
practice and regulation of cosmetology with the goal of improving 10
public access to, and the safety of, cosmetology services and 11
reducing unnecessary burdens related to cosmetology licensure. 12
Through this compact, the member states seek to establish a 13
regulatory framework which provides for a new multistate licensing 14
program. Through this new licensing program, the member states seek 15
to provide increased value and mobility to licensed cosmetologists in 16
the member states, while ensuring the provision of safe, effective, 17
and reliable services to the public. 18
H-0100.1
HOUSE BILL 1023
State of Washington 69th Legislature 2025 Regular Session
By Representatives Ryu, Leavitt, Schmidt, Jacobsen, Reed, Eslick,
Doglio, Simmons, Berg, Reeves, and Donaghy
Prefiled 12/09/24. Read first time 01/13/25. Referred to Committee
on Postsecondary Education & Workforce.
p. 1 HB 1023
This compact is designed to achieve the following objectives, and 1
the member states hereby ratify the same intentions by subscribing 2
hereto: 3
(1) Provide opportunities for interstate practice by 4
cosmetologists who meet uniform requirements for multistate 5
licensure; 6
(2) Enhance the abilities of member states to protect public 7
health and safety, and prevent fraud and unlicensed activity within 8
the profession; 9
(3) Ensure and encourage cooperation between member states in the 10
licensure and regulation of the practice of cosmetology;11
(4) Support relocating military members and their spouses;12
(5) Facilitate the exchange of information between member states 13
related to the licensure, investigation, and discipline of the 14
practice of cosmetology; 15
(6) Provide for the licensure and mobility of the workforce in 16
the profession, while addressing the shortage of workers and 17
lessening the associated burdens on the member states.18
ARTICLE 219
DEFINITIONS20
As used in this compact, and except as otherwise provided, the 21
following definitions shall govern the terms herein:22
(1) "Active military member" means any person with full-time duty 23
status in the armed forces of the United States, including members of 24
the national guard and reserve. 25
(2) "Adverse action" means any administrative, civil, equitable, 26
or criminal action permitted by a member state's laws which is 27
imposed by a state licensing authority or other regulatory body 28
against a cosmetologist, including actions against an individual's 29
license or authorization to practice such as revocation, suspension, 30
probation, monitoring of the licensee, limitation of the licensee's 31
practice, or any other encumbrance on a license affecting an 32
individual's ability to participate in the cosmetology industry, 33
including the issuance of a cease and desist order.34
(3) "Alternative program" means a nondisciplinary monitoring or 35
prosecutorial diversion program approved by a member state's state 36
licensing authority. 37
(4) "Authorization to practice" means a legal authorization 38
associated with a multistate license permitting the practice of 39
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cosmetology in that remote state, which shall be subject to the 1
enforcement jurisdiction of the state licensing authority in that 2
remote state. 3
(5) "Background check" means the submission of information for an 4
applicant for the purpose of obtaining that applicant's criminal 5
history record information, as further defined in 28 C.F.R. Sec. 6
20.3(d), from the federal bureau of investigation and the agency 7
responsible for retaining state criminal or disciplinary history in 8
the applicant's home state. 9
(6) "Charter member state" means member states who have enacted 10
legislation to adopt this compact where such legislation predates the 11
effective date of this compact as defined in Article 13 of this 12
compact. 13
(7) "Commission" means the government agency whose membership 14
consists of all states that have enacted this compact, which is known 15
as the cosmetology licensure compact commission, as defined in 16
Article 9 of this compact, and which shall operate as an 17
instrumentality of the member states. 18
(8) "Cosmetologist" means an individual licensed in their home 19
state to practice cosmetology. 20
(9) "Cosmetology," "cosmetology services," and the "practice of 21
cosmetology" mean the care and services provided by a cosmetologist 22
as set forth in the member state's statutes and regulations in the 23
state where the services are being provided. 24
(10) "Current significant investigative information" means:25
(a) Investigative information that a state licensing authority, 26
after an inquiry or investigation that complies with a member state's 27
due process requirements, has reason to believe is not groundless 28
and, if proved true, would indicate a violation of that state's laws 29
regarding fraud or the practice of cosmetology; or30
(b) Investigative information that indicates that a licensee has 31
engaged in fraud or represents an immediate threat to public health 32
and safety, regardless of whether the licensee has been notified and 33
had an opportunity to respond. 34
(11) "Data system" means a repository of information about 35
licensees including, but not limited to, license status, 36
investigative information, and adverse actions. 37
(12) "Disqualifying event" means any event which shall disqualify 38
an individual from holding a multistate license under this compact, 39
which the commission may by rule or order specify.40
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(13) "Encumbered license" means a license in which an adverse 1
action restricts the practice of cosmetology by a licensee, or where 2
said adverse action has been reported to the commission.3
(14) "Encumbrance" means a revocation or suspension of, or any 4
limitation on, the full and unrestricted practice of cosmetology by a 5
state licensing authority. 6
(15) "Executive committee" means a group of delegates elected or 7
appointed to act on behalf of, and within the powers granted to them 8
by, the commission. 9
(16) "Home state" means the member state which is a licensee's 10
primary state of residence, and where that licensee holds an active 11
and unencumbered license to practice cosmetology. 12
(17) "Investigative information" means information, records, or 13
documents received or generated by a state licensing authority 14
pursuant to an investigation or other inquiry. 15
(18) "Jurisprudence requirement" means the assessment of an 16
individual's knowledge of the laws and rules governing the practice 17
of cosmetology in a state. 18
(19) "Licensee" means an individual who currently holds a license 19
from a member state to practice as a cosmetologist.20
(20) "Member state" means any state that has adopted this 21
compact. 22
(21) "Multistate license" means a license issued by and subject 23
to the enforcement jurisdiction of the state licensing authority in a 24
licensee's home state, which authorizes the practice of cosmetology 25
in member states and includes authorizations to practice cosmetology 26
in all remote states pursuant to this compact. 27
(22) "Remote state" means any member state, other than the 28
licensee's home state. 29
(23) "Rule" means any rule or regulation promulgated by the 30
commission under this compact which has the force of law.31
(24) "Single-state license" means a cosmetology license issued by 32
a member state that authorizes practice of cosmetology only within 33
the issuing state and does not include any authorization outside of 34
the issuing state. 35
(25) "State" means a state, territory, or possession of the 36
United States and the District of Columbia. 37
(26) "State licensing authority" means a member state's 38
regulatory body responsible for issuing cosmetology licenses or 39
otherwise overseeing the practice of cosmetology in that state.40
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ARTICLE 31
MEMBER STATE REQUIREMENTS2
(1) To be eligible to join this compact, and to maintain 3
eligibility as a member state, a state must: 4
(a) License and regulate cosmetology; 5
(b) Have a mechanism or entity in place to receive and 6
investigate complaints about licensees practicing in that state;7
(c) Require that licensees within the state pass a cosmetology 8
competency examination prior to being licensed to provide cosmetology 9
services to the public in that state; 10
(d) Require that licensees satisfy educational or training 11
requirements in cosmetology prior to being licensed to provide 12
cosmetology services to the public in that state; 13
(e) Implement procedures for considering one or more of the 14
following categories of information from applicants for licensure: 15
Criminal history; disciplinary history; or background check. Such 16
procedures may include the submission of information by applicants 17
for the purpose of obtaining an applicant's background check as 18
defined in this compact; 19
(f) Participate in the data system, including through the use of 20
unique identifying numbers; 21
(g) Share information related to adverse actions with the 22
commission and other member states, both through the data system and 23
otherwise; 24
(h) Notify the commission and other member states, in compliance 25
with the terms of the compact and rules of the commission, of the 26
existence of investigative information or current significant 27
investigative information in the state's possession regarding a 28
licensee practicing in that state; 29
(i) Comply with such rules as may be enacted by the commission to 30
administer this compact; and 31
(j) Accept licensees from other member states as established in 32
this compact. 33
(2) Member states may charge a fee for granting a license to 34
practice cosmetology. 35
(3) Individuals not residing in a member state shall continue to 36
be able to apply for a member state's single-state license as 37
provided under the laws of each member state. However, the single-38
state license granted to these individuals shall not be recognized as 39
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granting a multistate license to provide services in any other member 1
state. 2
(4) Nothing in this compact shall affect the requirements 3
established by a member state for the issuance of a single-state 4
license. 5
(5) A multistate license issued to a licensee by a home state to 6
a resident of that state shall be recognized by each member state as 7
authorizing a licensee to practice cosmetology in each member state.8
(6) At no point shall the commission have the power to define the 9
educational or professional requirements for a license to practice 10
cosmetology. The member states shall retain sole jurisdiction over 11
the provision of these requirements. 12
ARTICLE 413
MULTISTATE LICENSE14
(1) To be eligible to apply to their home state's state licensing 15
authority for an initial multistate license under this compact, a 16
licensee must hold an active and unencumbered single-state license to 17
practice cosmetology in their home state. 18
(2) Upon the receipt of an application for a multistate license, 19
according to the rules of the commission, a member state's state 20
licensing authority shall ascertain whether the applicant meets the 21
requirements for a multistate license under this compact.22
(3) If an applicant meets the requirements for a multistate 23
license under this compact and any applicable rules of the 24
commission, the state licensing authority in receipt of the 25
application shall, within a reasonable time, grant a multistate 26
license to that applicant, and inform all member states of the grant 27
of said multistate license. 28
(4) A multistate license to practice cosmetology issued by a 29
member state's state licensing authority shall be recognized by each 30
member state as authorizing the practice thereof as though that 31
licensee held a single-state license to do so in each member state, 32
subject to the restrictions in this compact. 33
(5) A multistate license granted pursuant to this compact may be 34
effective for a definite period of time, concurrent with the 35
licensure renewal period in the home state. 36
(6) To maintain a multistate license under this compact, a 37
licensee must: 38
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(a) Agree to abide by the rules of the state licensing authority, 1
and the state scope of practice laws governing the practice of 2
cosmetology, of any member state in which the licensee provides 3
services; 4
(b) Pay all required fees related to the application and process, 5
and any other fees which the commission may by rule require; and6
(c) Comply with any and all other requirements regarding 7
multistate licenses which the commission may by rule provide.8
(7) A licensee practicing in a member state is subject to all 9
scope of practice laws governing cosmetology services in that state.10
(8) The practice of cosmetology under a multistate license 11
granted pursuant to this compact will subject the licensee to the 12
jurisdiction of the state licensing authority, the courts, and the 13
laws of the member state in which the cosmetology services are 14
provided. 15
ARTICLE 516
REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME STATE17
(1) A licensee may hold a multistate license, issued by their 18
home state, in only one member state at any given time.19
(2) If a licensee changes their home state by moving between two 20
member states: 21
(a) The licensee shall immediately apply for the reissuance of 22
their multistate license in their new home state. The licensee shall 23
pay all applicable fees and notify the prior home state in accordance 24
with the rules of the commission. 25
(b) Upon receipt of an application to reissue a multistate 26
license, the new home state shall verify that the multistate license 27
is active, unencumbered, and eligible for reissuance under the terms 28
of the compact and the rules of the commission. The multistate 29
license issued by the prior home state will be deactivated and all 30
member states notified in accordance with the applicable rules 31
adopted by the commission. 32
(c) If required for initial licensure, the new home state may 33
require a background check as specified in the laws of that state, or 34
the compliance with any jurisprudence requirements of the new home 35
state. 36
(d) Notwithstanding any other provision of this compact, if a 37
licensee does not meet the requirements set forth in this compact for 38
the reissuance of a multistate license by the new home state, then 39
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the licensee shall be subject to the new home state requirements for 1
the issuance of a single-state license in that state.2
(3) If a licensee changes their primary state of residence by 3
moving from a member state to a nonmember state, or from a nonmember 4
state to a member state, then the licensee shall be subject to the 5
state requirements for the issuance of a single-state license in the 6
new home state. 7
(4) Nothing in this compact shall interfere with a licensee's 8
ability to hold a single-state license in multiple states; however, 9
for the purposes of this compact, a licensee shall have only one home 10
state, and only one multistate license. 11
(5) Nothing in this compact shall interfere with the requirements 12
established by a member state for the issuance of a single-state 13
license. 14
ARTICLE 615
AUTHORITY OF THE COMPACT COMMISSION AND MEMBER STATE16
LICENSING AUTHORITIES17
(1) Nothing in this compact, nor any rule or regulation of the 18
commission, shall be construed to limit, restrict, or in any way 19
reduce the ability of a member state to enact and enforce laws, 20
regulations, or other rules related to the practice of cosmetology in 21
that state, where those laws, regulations, or other rules are not 22
inconsistent with the provisions of this compact. 23
(2) Insofar as practical, a member state's state licensing 24
authority shall cooperate with the commission and with each entity 25
exercising independent regulatory authority over the practice of 26
cosmetology according to the provisions of this compact.27
(3) Discipline shall be the sole responsibility of the state in 28
which cosmetology services are provided. Accordingly, each member 29
state's state licensing authority shall be responsible for receiving 30
complaints about individuals practicing cosmetology in that state, 31
and for communicating all relevant investigative information about 32
any such adverse action to the other member states through the data 33
system in addition to any other methods the commission may by rule 34
require. 35
ARTICLE 736
ADVERSE ACTIONS37
p. 8 HB 1023
(1) A licensee's home state shall have exclusive power to impose 1
an adverse action against a licensee's multistate license issued by 2
the home state. 3
(2) A home state may take adverse action on a multistate license 4
based on the investigative information, current significant 5
investigative information, or adverse action of a remote state.6
(3) In addition to the powers conferred by state law, each remote 7
state's state licensing authority shall have the power to:8
(a) Take adverse action against a licensee's authorization to 9
practice cosmetology through the multistate license in that member 10
state, provided that: 11
(i) Only the licensee's home state shall have the power to take 12
adverse action against the multistate license issued by the home 13
state; and 14
(ii) For the purposes of taking adverse action, the home state's 15
state licensing authority shall give the same priority and effect to 16
reported conduct received from a remote state as it would if such 17
conduct had occurred within the home state. In so doing, the home 18
state shall apply its own state laws to determine the appropriate 19
action; 20
(b) Issue cease and desist orders or impose an encumbrance on a 21
licensee's authorization to practice within that member state;22
(c) Complete any pending investigations of a licensee who changes 23
their primary state of residence during the course of such an 24
investigation. The state licensing authority shall also be empowered 25
to report the results of such an investigation to the commission 26
through the data system as described in this compact;27
(d) Issue subpoenas for both hearings and investigations that 28
require the attendance and testimony of witnesses, as well as the 29
production of evidence. Subpoenas issued by a state licensing 30
authority in a member state for the attendance and testimony of 31
witnesses or the production of evidence from another member state 32
shall be enforced in the latter state by any court of competent 33
jurisdiction, according to the practice and procedure of that court 34
applicable to subpoenas issued in proceedings before it. The issuing 35
state licensing authority shall pay any witness fees, travel 36
expenses, mileage, and other fees required by the service statutes of 37
the state in which the witnesses or evidence are located;38
p. 9 HB 1023
(e) If otherwise permitted by state law, recover from the 1
affected licensee the costs of investigations and disposition of 2
cases resulting from any adverse action taken against that licensee;3
(f) Take adverse action against the licensee's authorization to 4
practice in that state based on the factual findings of another 5
remote state. 6
(4) A licensee's home state shall complete any pending 7
investigation(s) of a cosmetologist who changes their primary state 8
of residence during the course of the investigation (s). The home 9
state shall also have the authority to take appropriate action (s) and 10
shall promptly report the conclusions of the investigations to the 11
data system. 12
(5) If an adverse action is taken by the home state against a 13
licensee's multistate license, the licensee's authorization to 14
practice in all other member states shall be deactivated until all 15
encumbrances have been removed from the home state license. All home 16
state disciplinary orders that impose an adverse action against a 17
licensee's multistate license shall include a statement that the 18
cosmetologist's authorization to practice is deactivated in all 19
member states during the pendency of the order. 20
(6) Nothing in this compact shall override a member state's 21
authority to accept a licensee's participation in an alternative 22
program in lieu of adverse action. A licensee's multistate license 23
shall be suspended for the duration of the licensee's participation 24
in any alternative program. 25
(7) Joint investigations. 26
(a) In addition to the authority granted to a member state by its 27
respective scope of practice laws or other applicable state law, a 28
member state may participate with other member states in joint 29
investigations of licensees. 30
(b) Member states shall share any investigative, litigation, or 31
compliance materials in furtherance of any joint or individual 32
investigation initiated under this compact. 33
ARTICLE 834
ACTIVE MILITARY MEMBERS AND THEIR SPOUSES35
Active military members, or their spouses, shall designate a home 36
state where the individual has a current license to practice 37
cosmetology in good standing. The individual may retain their home 38
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state designation during any period of service when that individual 1
or their spouse is on active duty assignment. 2
ARTICLE 93
ESTABLISHMENT AND OPERATION OF THE COSMETOLOGY4
LICENSURE COMPACT COMMISSION5
(1) The compact member states hereby create and establish a joint 6
government agency whose membership consists of all member states that 7
have enacted the compact known as the cosmetology licensure compact 8
commission. The commission is an instrumentality of the compact 9
member states acting jointly and not an instrumentality of any one 10
state. The commission shall come into existence on or after the 11
effective date of the compact as set forth in Article 13 of this 12
compact. 13
(2) Membership, voting, and meetings. 14
(a) Each member state shall have and be limited to one delegate 15
selected by that member state's state licensing authority.16
(b) The delegate shall be an administrator of the state licensing 17
authority of the member state or their designee. 18
(c) The commission shall by rule or bylaw establish a term of 19
office for delegates and may by rule or bylaw establish term limits.20
(d) The commission may recommend removal or suspension of any 21
delegate from office. 22
(e) A member state's state licensing authority shall fill any 23
vacancy of its delegate occurring on the commission within 60 days of 24
the vacancy. 25
(f) Each delegate shall be entitled to one vote on all matters 26
that are voted on by the commission. 27
(g) The commission shall meet at least once during each calendar 28
year. Additional meetings may be held as set forth in the bylaws. The 29
commission may meet by telecommunication, videoconference, or other 30
similar electronic means. 31
(3) The commission shall have the following powers:32
(a) Establish the fiscal year of the commission;33
(b) Establish code of conduct and conflict of interest policies;34
(c) Adopt rules and bylaws; 35
(d) Maintain its financial records in accordance with the bylaws;36
(e) Meet and take such actions as are consistent with the 37
provisions of this compact, the commission's rules, and the bylaws;38
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(f) Initiate and conclude legal proceedings or actions in the 1
name of the commission, provided that the standing of any state 2
licensing authority to sue or be sued under applicable law shall not 3
be affected; 4
(g) Maintain and certify records and information provided to a 5
member state as the authenticated business records of the commission, 6
and designate an agent to do so on the commission's behalf;7
(h) Purchase and maintain insurance and bonds; 8
(i) Borrow, accept, or contract for services of personnel 9
including, but not limited to, employees of a member state;10
(j) Conduct an annual financial review; 11
(k) Hire employees, elect or appoint officers, fix compensation, 12
define duties, grant such individuals appropriate authority to carry 13
out the purposes of the compact, and establish the commission's 14
personnel policies and programs relating to conflicts of interest, 15
qualifications of personnel, and other related personnel matters;16
(l) As set forth in the commission rules, charge a fee to a 17
licensee for the grant of a multistate license and thereafter, as may 18
be established by commission rule, charge the licensee a multistate 19
license renewal fee for each renewal period. Nothing in this compact 20
shall be construed to prevent a home state from charging a licensee a 21
fee for a multistate license or renewals of a multistate license, or 22
a fee for the jurisprudence requirement if the member state imposes 23
such a requirement for the grant of a multistate license;24
(m) Assess and collect fees; 25
(n) Accept any and all appropriate gifts, donations, grants of 26
money, other sources of revenue, equipment, supplies, materials, and 27
services, and receive, utilize, and dispose of the same; provided 28
that at all times the commission shall avoid any appearance of 29
impropriety or conflict of interest; 30
(o) Lease, purchase, retain, own, hold, improve, or use any 31
property, real, personal, or mixed, or any undivided interest 32
therein; 33
(p) Sell, convey, mortgage, pledge, lease, exchange, abandon, or 34
otherwise dispose of any property, real, personal, or mixed;35
(q) Establish a budget and make expenditures; 36
(r) Borrow money; 37
(s) Appoint committees, including standing committees, composed 38
of members, state regulators, state legislators or their 39
representatives, and consumer representatives, and such other 40
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interested persons as may be designated in this compact and the 1
bylaws; 2
(t) Provide and receive information from, and cooperate with, law 3
enforcement agencies; 4
(u) Elect a chair, vice chair, secretary, and treasurer and such 5
other officers of the commission as provided in the commission's 6
bylaws; 7
(v) Establish and elect an executive committee, including a chair 8
and a vice chair; 9
(w) Adopt and provide to the member states an annual report;10
(x) Determine whether a state's adopted language is materially 11
different from the model compact language such that the state would 12
not qualify for participation in the compact; and 13
(y) Perform such other functions as may be necessary or 14
appropriate to achieve the purposes of this compact.15
(4) The executive committee. 16
(a) The executive committee shall have the power to act on behalf 17
of the commission according to the terms of this compact. The powers, 18
duties, and responsibilities of the executive committee shall 19
include: 20
(i) Overseeing the day-to-day activities of the administration of 21
the compact including compliance with the provisions of the compact, 22
the commission's rules and bylaws, and other such duties as deemed 23
necessary; 24
(ii) Recommending to the commission changes to the rules or 25
bylaws, changes to this compact legislation, fees charged to compact 26
member states, fees charged to licensees, and other fees;27
(iii) Ensuring compact administration services are appropriately 28
provided, including by contract; 29
(iv) Preparing and recommending the budget; 30
(v) Maintaining financial records on behalf of the commission;31
(vi) Monitoring compact compliance of member states and providing 32
compliance reports to the commission; 33
(vii) Establishing additional committees as necessary;34
(viii) Exercising the powers and duties of the commission during 35
the interim between commission meetings, except for adopting or 36
amending rules, adopting or amending bylaws, and exercising any other 37
powers and duties expressly reserved to the commission by rule or 38
bylaw; and 39
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(ix) Other duties as provided in the rules or bylaws of the 1
commission. 2
(b)(i) The executive committee shall be composed of up to seven 3
voting members: 4
(A) The chair and vice chair of the commission and any other 5
members of the commission who serve on the executive committee shall 6
be voting members of the executive committee; and 7
(B) Other than the chair, vice chair, secretary, and treasurer, 8
the commission shall elect three voting members from the current 9
membership of the commission. 10
(ii) The commission may elect ex officio, nonvoting members from 11
a recognized national cosmetology professional association as 12
approved by the commission. The commission's bylaws shall identify 13
qualifying organizations and the manner of appointment if the number 14
of organizations seeking to appoint an ex officio member exceeds the 15
number of members specified in this Article. 16
(c) The commission may remove any member of the executive 17
committee as provided in the commission's bylaws. 18
(d) The executive committee shall meet at least annually.19
(i) Annual executive committee meetings, as well as any executive 20
committee meeting at which it does not take or intend to take formal 21
action on a matter for which a commission vote would otherwise be 22
required, shall be open to the public, except that the executive 23
committee may meet in a closed, nonpublic session of a public meeting 24
when dealing with any of the matters covered under subsection (6)(d) 25
of this Article. 26
(ii) The executive committee shall give five business days' 27
advance notice of its public meetings, posted on its website and as 28
determined to provide notice to persons with an interest in the 29
public matters the executive committee intends to address at those 30
meetings. 31
(e) The executive committee may hold an emergency meeting when 32
acting for the commission to: 33
(i) Meet an imminent threat to public health, safety, or welfare;34
(ii) Prevent a loss of commission or member state funds; or35
(iii) Protect public health and safety. 36
(5) The commission shall adopt and provide to the member states 37
an annual report. 38
(6) Meetings of the commission. 39
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(a) All meetings of the commission that are not closed pursuant 1
to (d) of this subsection shall be open to the public. Notice of 2
public meetings shall be posted on the commission's website at least 3
30 days prior to the public meeting. 4
(b) Notwithstanding (a) of this subsection, the commission may 5
convene an emergency public meeting by providing at least 24 hours' 6
prior notice on the commission's website, and any other means as 7
provided in the commission's rules, for any of the reasons it may 8
dispense with notice of proposed rule making under Article 11 (12) of 9
this compact. The commission's legal counsel shall certify that one 10
of the reasons justifying an emergency public meeting has been met.11
(c) Notice of all commission meetings shall provide the time, 12
date, and location of the meeting, and if the meeting is to be held 13
or accessible via telecommunication, videoconference, or other 14
electronic means, the notice shall include the mechanism for access 15
to the meeting. 16
(d) The commission may convene in a closed, nonpublic meeting for 17
the commission to discuss: 18
(i) Noncompliance of a member state with its obligations under 19
the compact; 20
(ii) The employment, compensation, discipline, or other matters, 21
practices, or procedures related to specific employees or other 22
matters related to the commission's internal personnel practices and 23
procedures; 24
(iii) Current or threatened discipline of a licensee by the 25
commission or by a member state's state licensing authority;26
(iv) Current, threatened, or reasonably anticipated litigation;27
(v) Negotiation of contracts for the purchase, lease, or sale of 28
goods, services, or real estate; 29
(vi) Accusing any person of a crime or formally censuring any 30
person; 31
(vii) Trade secrets or commercial or financial information that 32
is privileged or confidential; 33
(viii) Information of a personal nature where disclosure would 34
constitute a clearly unwarranted invasion of personal privacy;35
(ix) Investigative records compiled for law enforcement purposes;36
(x) Information related to any investigative reports prepared by 37
or on behalf of or for use of the commission or other committee 38
charged with responsibility of investigation or determination of 39
compliance issues pursuant to the compact; 40
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(xi) Legal advice; 1
(xii) Matters specifically exempted from disclosure to the public 2
by federal or member state law; or 3
(xiii) Other matters as promulgated by the commission by rule.4
(e) If a meeting, or portion of a meeting, is closed, the 5
presiding officer shall state that the meeting will be closed and 6
reference each relevant exempting provision, and such reference shall 7
be recorded in the minutes. 8
(f) The commission shall keep minutes that fully and clearly 9
describe all matters discussed in a meeting and shall provide a full 10
and accurate summary of actions taken, and the reasons therefore, 11
including a description of the views expressed. All documents 12
considered in connection with an action shall be identified in such 13
minutes. All minutes and documents of a closed meeting shall remain 14
under seal, subject to release only by a majority vote of the 15
commission or order of a court of competent jurisdiction.16
(7) Financing of the commission. 17
(a) The commission shall pay, or provide for the payment of, the 18
reasonable expenses of its establishment, organization, and ongoing 19
activities. 20
(b) The commission may accept any and all appropriate sources of 21
revenue, donations, and grants of money, equipment, supplies, 22
materials, and services. 23
(c) The commission may levy on and collect an annual assessment 24
from each member state and impose fees on licensees of member states 25
to whom it grants a multistate license to cover the cost of the 26
operations and activities of the commission and its staff, which must 27
be in a total amount sufficient to cover its annual budget as 28
approved each year for which revenue is not provided by other 29
sources. The aggregate annual assessment amount for member states 30
shall be allocated based upon a formula that the commission shall 31
promulgate by rule. 32
(d) The commission shall not incur obligations of any kind prior 33
to securing the funds adequate to meet the same; nor shall the 34
commission pledge the credit of any member states, except by and with 35
the authority of the member state. 36
(e) The commission shall keep accurate accounts of all receipts 37
and disbursements. The receipts and disbursements of the commission 38
shall be subject to the financial review and accounting procedures 39
established under its bylaws. All receipts and disbursements of funds 40
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handled by the commission shall be subject to an annual financial 1
review by a certified or licensed public accountant, and the report 2
of the financial review shall be included in and become part of the 3
annual report of the commission. 4
(8) Qualified immunity, defense, and indemnification.5
(a) The members, officers, executive director, employees, and 6
representatives of the commission shall be immune from suit and 7
liability, both personally and in their official capacity, for any 8
claim for damage to or loss of property or personal injury or other 9
civil liability caused by or arising out of any actual or alleged 10
act, error, or omission that occurred, or that the person against 11
whom the claim is made had a reasonable basis for believing occurred 12
within the scope of commission employment, duties, or 13
responsibilities; provided that nothing in this subsection (8)(a) 14
shall be construed to protect any such person from suit or liability 15
for any damage, loss, injury, or liability caused by the intentional 16
or willful or wanton misconduct of that person. The procurement of 17
insurance of any type by the commission shall not in any way 18
compromise or limit the immunity granted hereunder.19
(b) The commission shall defend any member, officer, executive 20
director, employee, and representative of the commission in any civil 21
action seeking to impose liability arising out of any actual or 22
alleged act, error, or omission that occurred within the scope of 23
commission employment, duties, or responsibilities, or as determined 24
by the commission that the person against whom the claim is made had 25
a reasonable basis for believing occurred within the scope of 26
commission employment, duties, or responsibilities; provided that 27
nothing herein shall be construed to prohibit that person from 28
retaining their own counsel at their own expense; and provided 29
further, that the actual or alleged act, error, or omission did not 30
result from that person's intentional or willful or wanton 31
misconduct. 32
(c) The commission shall indemnify and hold harmless any member, 33
officer, executive director, employee, and representative of the 34
commission for the amount of any settlement or judgment obtained 35
against that person arising out of any actual or alleged act, error, 36
or omission that occurred within the scope of commission employment, 37
duties, or responsibilities, or that such person had a reasonable 38
basis for believing occurred within the scope of commission 39
employment, duties, or responsibilities, provided that the actual or 40
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alleged act, error, or omission did not result from the intentional 1
or willful or wanton misconduct of that person. 2
(d) Nothing herein shall be construed as a limitation on the 3
liability of any licensee for professional malpractice or misconduct, 4
which shall be governed solely by any other applicable state laws.5
(e) Nothing in this compact shall be interpreted to waive or 6
otherwise abrogate a member state's state action immunity or state 7
action affirmative defense with respect to antitrust claims under the 8
Sherman act, Clayton act, or any other state or federal antitrust or 9
anticompetitive law or regulation. 10
(f) Nothing in this compact shall be construed to be a waiver of 11
sovereign immunity by the member states or by the commission.12
ARTICLE 1013
DATA SYSTEM14
(1) The commission shall provide for the development, 15
maintenance, operation, and utilization of a coordinated database and 16
reporting system. 17
(2) The commission shall assign each applicant for a multistate 18
license a unique identifier, as determined by the rules of the 19
commission. 20
(3) Notwithstanding any other provision of state law to the 21
contrary, a member state shall submit a uniform data set to the data 22
system on all individuals to whom this compact is applicable as 23
required by the rules of the commission, including:24
(a) Identifying information; 25
(b) Licensure data; 26
(c) Adverse actions against a license and information related 27
thereto; 28
(d) Nonconfidential information related to alternative program 29
participation, the beginning and ending dates of such participation, 30
and other information related to such participation;31
(e) Any denial of application for licensure, and the reason (s) 32
for such denial (excluding the reporting of any criminal history 33
record information where prohibited by law); 34
(f) The existence of investigative information;35
(g) The existence of current significant investigative 36
information; and 37
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(h) Other information that may facilitate the administration of 1
this compact or the protection of the public, as determined by the 2
rules of the commission. 3
(4) The records and information provided to a member state 4
pursuant to this compact or through the data system, when certified 5
by the commission or an agent thereof, shall constitute the 6
authenticated business records of the commission, and shall be 7
entitled to any associated hearsay exception in any relevant 8
judicial, quasi-judicial, or administrative proceedings in a member 9
state. 10
(5) The existence of current significant investigative 11
information and the existence of investigative information pertaining 12
to a licensee in any member state will only be available to other 13
member states. 14
(6) It is the responsibility of the member states to monitor the 15
database to determine whether adverse action has been taken against 16
such a licensee or license applicant. Adverse action information 17
pertaining to a licensee or license applicant in any member state 18
will be available to any other member state. 19
(7) Member states contributing information to the data system may 20
designate information that may not be shared with the public without 21
the express permission of the contributing state. 22
(8) Any information submitted to the data system that is 23
subsequently expunged pursuant to federal law or the laws of the 24
member state contributing the information shall be removed from the 25
data system. 26
ARTICLE 1127
RULE MAKING28
(1) The commission shall promulgate reasonable rules in order to 29
effectively and efficiently implement and administer the purposes and 30
provisions of this compact. A rule shall be invalid and have no force 31
or effect only if a court of competent jurisdiction holds that the 32
rule is invalid because the commission exercised its rule-making 33
authority in a manner that is beyond the scope and purposes of the 34
compact, or the powers granted hereunder, or based upon another 35
applicable standard of review. 36
(2) The rules of the commission shall have the force of law in 37
each member state, provided however that where the rules of the 38
commission conflict with the laws of the member state that establish 39
p. 19 HB 1023
the member state's scope of practice laws governing the practice of 1
cosmetology as held by a court of competent jurisdiction, the rules 2
of the commission shall be ineffective in that state to the extent of 3
the conflict. 4
(3) The commission shall exercise its rule-making powers pursuant 5
to the criteria set forth in this Article and the rules adopted 6
thereunder. Rules shall become binding as of the date specified by 7
the commission for each rule. 8
(4) If a majority of the legislatures of the member states 9
rejects a rule or portion of a rule, by enactment of a statute or 10
resolution in the same manner used to adopt the compact within four 11
years of the date of adoption of the rule, then such rule shall have 12
no further force and effect in any member state or to any state 13
applying to participate in the compact. 14
(5) Rules shall be adopted at a regular or special meeting of the 15
commission. 16
(6) Prior to adoption of a proposed rule, the commission shall 17
hold a public hearing and allow persons to provide oral and written 18
comments, data, facts, opinions, and arguments. 19
(7) Prior to adoption of a proposed rule by the commission, and 20
at least 30 days in advance of the meeting at which the commission 21
will hold a public hearing on the proposed rule, the commission shall 22
provide a notice of proposed rule making: 23
(a) On the website of the commission or other publicly accessible 24
platform; 25
(b) To persons who have requested notice of the commission's 26
notices of proposed rule making; and 27
(c) In such other way(s) as the commission may by rule specify.28
(8) The notice of proposed rule making shall include:29
(a) The time, date, and location of the public hearing at which 30
the commission will hear public comments on the proposed rule and, if 31
different, the time, date, and location of the meeting where the 32
commission will consider and vote on the proposed rule;33
(b) If the hearing is held via telecommunication, 34
videoconference, or other electronic means, the commission shall 35
include the mechanism for access to the hearing in the notice of 36
proposed rule making; 37
(c) The text of the proposed rule and the reason therefor;38
(d) A request for comments on the proposed rule from any 39
interested person; and 40
p. 20 HB 1023
(e) The manner in which interested persons may submit written 1
comments. 2
(9) All hearings will be recorded. A copy of the recording and 3
all written comments and documents received by the commission in 4
response to the proposed rule shall be available to the public.5
(10) Nothing in this Article shall be construed as requiring a 6
separate hearing on each rule. Rules may be grouped for the 7
convenience of the commission at hearings required by this Article.8
(11) The commission shall, by majority vote of all members, take 9
final action on the proposed rule based on the rule-making record and 10
the full text of the rule. 11
(a) The commission may adopt changes to the proposed rule 12
provided the changes do not enlarge the original purpose of the 13
proposed rule. 14
(b) The commission shall provide an explanation of the reasons 15
for substantive changes made to the proposed rule as well as reasons 16
for substantive changes not made that were recommended by commenters.17
(c) The commission shall determine a reasonable effective date 18
for the rule. Except for an emergency as provided in Article 11 (12) 19
of this compact, the effective date of the rule shall be no sooner 20
than 45 days after the commission issuing the notice that it adopted 21
or amended the rule. 22
(12) Upon determination that an emergency exists, the commission 23
may consider and adopt an emergency rule with five days' notice, with 24
opportunity to comment, provided that the usual rule-making 25
procedures provided in the compact and in this Article shall be 26
retroactively applied to the rule as soon as reasonably possible, in 27
no event later than 90 days after the effective date of the rule. For 28
the purposes of this provision, an emergency rule is one that must be 29
adopted immediately to: 30
(a) Meet an imminent threat to public health, safety, or welfare;31
(b) Prevent a loss of commission or member state funds;32
(c) Meet a deadline for the promulgation of a rule that is 33
established by federal law or rule; or 34
(d) Protect public health and safety. 35
(13) The commission or an authorized committee of the commission 36
may direct revisions to a previously adopted rule for purposes of 37
correcting typographical errors, errors in format, errors in 38
consistency, or grammatical errors. Public notice of any revisions 39
shall be posted on the website of the commission. The revision shall 40
p. 21 HB 1023
be subject to challenge by any person for a period of 30 days after 1
posting. The revision may be challenged only on grounds that the 2
revision results in a material change to a rule. A challenge shall be 3
made in writing and delivered to the commission prior to the end of 4
the notice period. If no challenge is made, the revision will take 5
effect without further action. If the revision is challenged, the 6
revision may not take effect without the approval of the commission.7
(14) No member state's rule-making requirements shall apply under 8
this compact. 9
ARTICLE 1210
OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT11
(1) Oversight. 12
(a) The executive and judicial branches of state government in 13
each member state shall enforce this compact and take all actions 14
necessary and appropriate to implement the compact.15
(b) Venue is proper and judicial proceedings by or against the 16
commission shall be brought solely and exclusively in a court of 17
competent jurisdiction where the principal office of the commission 18
is located. The commission may waive venue and jurisdictional 19
defenses to the extent it adopts or consents to participate in 20
alternative dispute resolution proceedings. Nothing herein shall 21
affect or limit the selection or propriety of venue in any action 22
against a licensee for professional malpractice, misconduct, or any 23
such similar matter. 24
(c) The commission shall be entitled to receive service of 25
process in any proceeding regarding the enforcement or interpretation 26
of the compact and shall have standing to intervene in such a 27
proceeding for all purposes. Failure to provide the commission 28
service of process shall render a judgment or order void as to the 29
commission, this compact, or promulgated rules. 30
(2) Default, technical assistance, and termination.31
(a) If the commission determines that a member state has 32
defaulted in the performance of its obligations or responsibilities 33
under this compact or the promulgated rules, the commission shall 34
provide written notice to the defaulting state. The notice of default 35
shall describe the default, the proposed means of curing the default, 36
and any other action that the commission may take, and shall offer 37
training and specific technical assistance regarding the default.38
p. 22 HB 1023
(b) The commission shall provide a copy of the notice of default 1
to the other member states. 2
(c) If a state in default fails to cure the default, the 3
defaulting state may be terminated from the compact upon an 4
affirmative vote of a majority of the delegates of the member states, 5
and all rights, privileges, and benefits conferred on that state by 6
this compact may be terminated on the effective date of termination. 7
A cure of the default does not relieve the offending state of 8
obligations or liabilities incurred during the period of default.9
(d) Termination of membership in the compact shall be imposed 10
only after all other means of securing compliance have been 11
exhausted. Notice of intent to suspend or terminate shall be given by 12
the commission to the governor, the majority and minority leaders of 13
the defaulting state's legislature, the defaulting state's state 14
licensing authority, and each of the member states' state licensing 15
authority. 16
(e) A state that has been terminated is responsible for all 17
assessments, obligations, and liabilities incurred through the 18
effective date of termination, including obligations that extend 19
beyond the effective date of termination. 20
(f) Upon the termination of a state's membership from this 21
compact, that state shall immediately provide notice to all licensees 22
who hold a multistate license within that state of such termination. 23
The terminated state shall continue to recognize all licenses granted 24
pursuant to this compact for a minimum of 180 days after the date of 25
said notice of termination. 26
(g) The commission shall not bear any costs related to a state 27
that is found to be in default or that has been terminated from the 28
compact, unless agreed upon in writing between the commission and the 29
defaulting state. 30
(h) The defaulting state may appeal the action of the commission 31
by petitioning the United States district court for the District of 32
Columbia or the federal district where the commission has its 33
principal offices. The prevailing party shall be awarded all costs of 34
such litigation, including reasonable attorneys' fees.35
(3) Dispute resolution. 36
(a) Upon request by a member state, the commission shall attempt 37
to resolve disputes related to the compact that arise among member 38
states and between member and nonmember states. 39
p. 23 HB 1023
(b) The commission shall promulgate a rule providing for both 1
mediation and binding dispute resolution for disputes as appropriate.2
(4) Enforcement. 3
(a) The commission, in the reasonable exercise of its discretion, 4
shall enforce the provisions of this compact and the commission's 5
rules. 6
(b) By majority vote as provided by commission rule, the 7
commission may initiate legal action against a member state in 8
default in the United States district court for the District of 9
Columbia or the federal district where the commission has its 10
principal offices to enforce compliance with the provisions of the 11
compact and its promulgated rules. The relief sought may include both 12
injunctive relief and damages. In the event judicial enforcement is 13
necessary, the prevailing party shall be awarded all costs of such 14
litigation, including reasonable attorneys' fees. The remedies herein 15
shall not be the exclusive remedies of the commission. The commission 16
may pursue any other remedies available under federal or the 17
defaulting member state's law. 18
(c) A member state may initiate legal action against the 19
commission in the United States District Court for the District of 20
Columbia or the federal district where the commission has its 21
principal offices to enforce compliance with the provisions of the 22
compact and its promulgated rules. The relief sought may include both 23
injunctive relief and damages. In the event judicial enforcement is 24
necessary, the prevailing party shall be awarded all costs of such 25
litigation, including reasonable attorneys' fees. 26
(d) No individual or entity other than a member state may enforce 27
this compact against the commission. 28
ARTICLE 1329
EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT30
(1) The compact shall come into effect on the date on which the 31
compact statute is enacted into law in the seventh member state.32
(a) On or after the effective date of the compact, the commission 33
shall convene and review the enactment of each of the charter member 34
states to determine if the statute enacted by each such charter 35
member state is materially different than the model compact statute.36
(i) A charter member state whose enactment is found to be 37
materially different from the model compact statute shall be entitled 38
to the default process set forth in Article 12 of this compact.39
p. 24 HB 1023
(ii) If any member state is later found to be in default, or is 1
terminated or withdraws from the compact, the commission shall remain 2
in existence and the compact shall remain in effect even if the 3
number of member states should be less than seven. 4
(b) Member states enacting the compact subsequent to the charter 5
member states shall be subject to the process set forth in Article 6
9(3)(x) of this compact to determine if their enactments are 7
materially different from the model compact statute and whether they 8
qualify for participation in the compact. 9
(c) All actions taken for the benefit of the commission or in 10
furtherance of the purposes of the administration of the compact 11
prior to the effective date of the compact or the commission coming 12
into existence shall be considered to be actions of the commission 13
unless specifically repudiated by the commission. 14
(d) Any state that joins the compact shall be subject to the 15
commission's rules and bylaws as they exist on the date on which the 16
compact becomes law in that state. Any rule that has been previously 17
adopted by the commission shall have the full force and effect of law 18
on the day the compact becomes law in that state. 19
(2) Any member state may withdraw from this compact by enacting a 20
statute repealing that state's enactment of the compact.21
(a) A member state's withdrawal shall not take effect until 180 22
days after enactment of the repealing statute. 23
(b) Withdrawal shall not affect the continuing requirement of the 24
withdrawing state's state licensing authority to comply with the 25
investigative and adverse action reporting requirements of this 26
compact prior to the effective date of withdrawal.27
(c) Upon the enactment of a statute withdrawing from this 28
compact, a state shall immediately provide notice of such withdrawal 29
to all licensees within that state. Notwithstanding any subsequent 30
statutory enactment to the contrary, such withdrawing state shall 31
continue to recognize all licenses granted pursuant to this compact 32
for a minimum of 180 days after the date of such notice of 33
withdrawal. 34
(3) Nothing contained in this compact shall be construed to 35
invalidate or prevent any licensure agreement or other cooperative 36
arrangement between a member state and a nonmember state that does 37
not conflict with the provisions of this compact. 38
p. 25 HB 1023
(4) This compact may be amended by the member states. No 1
amendment to this compact shall become effective and binding upon any 2
member state until it is enacted into the laws of all member states.3
ARTICLE 144
CONSTRUCTION AND SEVERABILITY5
(1) This compact and the commission's rule-making authority shall 6
be liberally construed so as to effectuate the purposes and the 7
implementation and administration of the compact. Provisions of the 8
compact expressly authorizing or requiring the promulgation of rules 9
shall not be construed to limit the commission's rule-making 10
authority solely for those purposes. 11
(2) The provisions of this compact shall be severable and if any 12
phrase, clause, sentence, or provision of this compact is held by a 13
court of competent jurisdiction to be contrary to the Constitution of 14
any member state, a state seeking participation in the compact, or of 15
the United States, or the applicability thereof to any government, 16
agency, person, or circumstance is held to be unconstitutional by a 17
court of competent jurisdiction, the validity of the remainder of 18
this compact and the applicability thereof to any other government, 19
agency, person, or circumstance shall not be affected thereby.20
(3) Notwithstanding subsection (2) of this Article, the 21
commission may deny a state's participation in the compact or, in 22
accordance with the requirements of Article 12 of this compact, 23
terminate a member state's participation in the compact, if it 24
determines that a constitutional requirement of a member state is a 25
material departure from the compact. Otherwise, if this compact shall 26
be held to be contrary to the Constitution of any member state, the 27
compact shall remain in full force and effect as to the remaining 28
member states and in full force and effect as to the member state 29
affected as to all severable matters. 30
ARTICLE 1531
CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS32
(1) Nothing herein shall prevent or inhibit the enforcement of 33
any other law of a member state that is not inconsistent with the 34
compact. 35
(2) Any laws, statutes, regulations, or other legal requirements 36
in a member state in conflict with the compact are superseded to the 37
extent of the conflict. 38
p. 26 HB 1023
(3) All permissible agreements between the commission and the 1
member states are binding in accordance with their terms.2
NEW SECTION. Sec. 2. This act may be known and cited as the 3
cosmetology licensure compact.4
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