SB335: Bill Text

SB335,11 Section 11. 454.04 (1) (d) of the statutes is renumbered 454.04 (1) (d) (intro.) and amended to read:

SB335,5,13 454.04 (1) (d) (intro.) No person may engage in manicuring unless the any of the following applies:

SB335,5,16 1. The person has received training in the areas of service provided and holds a current manicurist license or cosmetologist license issued by the examining board that is not an inactive license or.

SB335,5,18 3. The person has received training in the areas of service provided and holds a temporary permit or training permit issued by the examining board or.

SB335,5,19 4. The person is an apprentice under s. 454.10 or.

SB335,5,21 5. The person is a student in a manicuring or cosmetology course of instruction.

SB335,12 Section 12. 454.04 (1) (d) 2. of the statutes is created to read:

SB335,6,2 454.04 (1) (d) 2. The person has received training in the areas of service provided and holds a multistate license granted in another state that is a party to the compact.

SB335,13 Section 13. 454.04 (2) (a) of the statutes is amended to read:

SB335,6,7 454.04 (2) (a) No person may use the title “cosmetologist” or any other similar title unless the person holds a current cosmetologist license issued by the examining board that is not an inactive license or holds a multistate license granted in another state that is a party to the compact.

SB335,14 Section 14. 454.04 (2) (b) of the statutes is amended to read:

SB335,6,12 454.04 (2) (b) No person may use the title “aesthetician” or any other similar title unless the person holds a current aesthetician license or cosmetologist license issued by the examining board that is not an inactive license or holds a multistate license granted in another state that is a party to the compact.

SB335,15 Section 15. 454.04 (2) (d) of the statutes is amended to read:

SB335,6,17 454.04 (2) (d) No person may use the title “manicurist” or any other similar title unless the person holds a current manicurist license or cosmetologist license issued by the examining board that is not an inactive license or holds a multistate license granted in another state that is a party to the compact.

SB335,16 Section 16. 454.06 (6m) of the statutes is created to read:

SB335,6,20 454.06 (6m) Multistate license. The examining board shall grant a multistate license to any of the following:

SB335,6,22 (a) A person who holds a single-state license, satisfies the conditions in sub. (1), and satisfies the applicable requirements under s. 454.50 (4).

SB335,7,3 (b) A person who holds a multistate license granted in another state that is a party to the compact, changes his or her primary state of residence to this state, satisfies the conditions in sub. (1), and satisfies the applicable requirements under s. 454.50 (5).

SB335,17 Section 17. 454.06 (8) of the statutes is amended to read:

SB335,7,10 454.06 (8) Expiration and renewal. The renewal date for licenses issued under subs. (2) to (6) (6m) is specified under s. 440.08 (2) (a), and the renewal fees for such licenses are determined by the department under s. 440.03 (9) (a). The examining board may not renew a license issued to a person under subs. (2) to (6) (6m) unless the person certifies to the examining board that the person has reviewed the current digest under s. 454.125.

SB335,18 Section 18. 454.06 (8m) (a) of the statutes is renumbered 454.06 (8m) (a) 1. and amended to read:

SB335,7,19 454.06 (8m) (a) 1. Any Except as provided in subd. 2., a person who has been issued a license under subs. (2) to (6) may apply to the examining board to classify that license as inactive. Upon application under this paragraph subdivision, the examining board may classify a license as inactive if the examining board determines that the person who holds that license is in good standing with the examining board and intends to refrain from the practice that is authorized under the license during the period that the license is an inactive license.

SB335,19 Section 19. 454.06 (8m) (a) 2. of the statutes is created to read:

SB335,7,24 454.06 (8m) (a) 2. A multistate license may not be classified as inactive under subd. 1. The examining board may allow a person who holds a multistate license to convert his or her license to a single-state license for the purpose of classifying the license as inactive under subd. 1.

SB335,20 Section 20. 454.125 (1) of the statutes is amended to read:

SB335,8,5 454.125 (1) At the time the department gives notice of renewal under s. 440.08 (1), the department shall send, by electronic mail, to each person granted a license under s. 454.06 (2) to (6) (6m) a digest that describes changes to statutes and rules that affect the practice of cosmetology, aesthetics, manicuring, or electrology.

SB335,21 Section 21. 454.15 (2) (intro.) of the statutes is amended to read:

SB335,8,13 454.15 (2) (intro.) Subject to the rules promulgated under s. 440.03 (1) and this subchapter, the examining board may revoke, limit, suspend, or refuse to issue or renew, in accordance with the severity of the violation, a license or permit issued under this subchapter or an authorization to practice or reprimand the holder of a license or permit issued under this subchapter or an individual who is exercising an authorization to practice if it finds that the holder or, applicant, or individual has done any of the following:

SB335,22 Section 22. 454.20 (10) of the statutes is amended to read:

SB335,8,17 454.20 (10) “Licensed cosmetologist” means a person licensed by the cosmetology examining board under s. 454.06 (2) or (6m) whose license is not an inactive license under s. 454.06 (8m).

SB335,23 Section 23. 454.22 (1) (k) of the statutes is created to read:

SB335,8,20 454.22 (1) (k) An individual who is exercising an authorization to practice, as defined in s. 454.01 (4).

SB335,24 Section 24. 454.22 (2) of the statutes is amended to read:

SB335,9,2 454.22 (2) No person may use the title “barber” or “hairstylist” or any other similar title unless the person is a licensed barber or licensed cosmetologist person specified in sub. (1) (a), (f), or (k).

SB335,25 Section 25. Subchapter III of chapter 454 [precedes 454.50] of the statutes is created to read:

SB335,9,5 CHAPTER 454

SB335,9,6 SUBCHAPTER III

SB335,9,7 COSMETOLOGY LICENSURE COMPACT

SB335,9,18 454.50 Cosmetology licensure compact. (1) Article 1 - purpose. The purpose of this compact is to facilitate the interstate practice and regulation of cosmetology with the goal of improving public access to, and the safety of, cosmetology services and reducing unnecessary burdens related to cosmetology licensure. Through this compact, the member states seek to establish a regulatory framework which provides for a new multistate licensing program. Through this new licensing program, the member states seek to provide increased value and mobility to licensed cosmetologists in the member states, while ensuring the provision of safe, effective, and reliable services to the public. This compact is designed to achieve the following objectives, and the member states hereby ratify the same intentions by subscribing hereto:

SB335,9,20 (a) Provide opportunities for interstate practice by cosmetologists who meet uniform requirements for multistate licensure;

SB335,9,22 (b) Enhance the abilities of member states to protect public health and safety, and prevent fraud and unlicensed activity within the profession;

SB335,10,2 (c) Ensure and encourage cooperation between member states in the licensure and regulation of the practice of cosmetology;

SB335,10,3 (d) Support relocating military members and their spouses;

SB335,10,5 (e) Facilitate the exchange of information between member states related to the licensure, investigation, and discipline of the practice of cosmetology;

SB335,10,8 (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.

SB335,10,10 (2) Article 2 - definitions. As used in this compact, and except as otherwise provided, the following definitions shall govern the terms:

SB335,10,13 (a) “Active duty military” means any individual in full-time duty status in the active uniformed service of the United States including members of the national guard and reserve.

SB335,10,21 (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.

SB335,11,2 (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.

SB335,11,4 (d) “Alternative program” means a monitoring or prosecutorial diversion program approved by a member state’s state licensing authority.

SB335,11,9 (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 CFR 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.

SB335,11,12 (f) “Charter member state” means member states who have enacted legislation to adopt this compact where such legislation predates the effective date of this compact as defined in sub. (13).

SB335,11,16 (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 sub. (9), and which shall operate as an instrumentality of the member states.

SB335,11,18 (h) “Cosmetologist” means an individual licensed in their home state to practice cosmetology.

SB335,11,21 (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.

SB335,11,22 (j) “Current significant investigative information” means:

SB335,12,3 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

SB335,12,6 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.

SB335,12,9 (k) “Data system” means a repository of information about licensees, including, but not limited to, license status, investigative information, and adverse actions.

SB335,12,12 (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.

SB335,12,15 (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.

SB335,12,17 (n) “Encumbrance” means a revocation or suspension of, or any limitation on, the full and unrestricted practice of cosmetology by a state licensing authority.

SB335,12,19 (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.

SB335,12,22 (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.

SB335,13,2 (q) “Investigative information” means information, records, or documents received or generated by a state licensing authority pursuant to an investigation or other inquiry.

SB335,13,4 (r) “Jurisprudence requirement” means the assessment of an individual’s knowledge of the laws and rules governing the practice of cosmetology in a state.

SB335,13,6 (s) “Licensee” means an individual who currently holds a license from a member state to practice as a cosmetologist.

SB335,13,7 (t) “Member state” means any state that has adopted this compact.

SB335,13,12 (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.

SB335,13,14 (v) “Remote state” means any member state, other than the licensee’s home state.

SB335,13,16 (w) “Rule” means any rule or regulation promulgated by the commission under this compact which has the force of law.

SB335,13,19 (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.

SB335,13,21 (y) “State” means a state, territory, or possession of the United States and the District of Columbia.

SB335,14,2 (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.

SB335,14,4 (3) Article 3 - member state requirements. (a) To be eligible to join this compact, and to maintain eligibility as a member state, a state must:

SB335,14,5 1. License and regulate cosmetology;

SB335,14,7 2. Have a mechanism or entity in place to receive and investigate complaints about licensees practicing in that state;

SB335,14,10 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;

SB335,14,13 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;

SB335,14,18 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;

SB335,14,20 6. Participate in the data system, including through the use of unique identifying numbers;

SB335,14,22 7. Share information related to adverse actions with the commission and other member states, both through the data system and otherwise;

SB335,15,3 8. Notify the commission and other member states, in compliance with the terms of the compact and rules of the commission, of the existence of investigative information or current significant investigative information in the state’s possession regarding a licensee practicing in that state;

SB335,15,5 9. Comply with such rules as may be enacted by the commission to administer the compact; and

SB335,15,6 10. Accept licensees from other member states as established herein.

SB335,15,8 (b) Member states may charge a fee for granting a license to practice cosmetology.

SB335,15,13 (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.

SB335,15,15 (d) Nothing in this compact shall affect the requirements established by a member state for the issuance of a single-state license.

SB335,15,18 (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.