SB335: Bill Text

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.

SB335,15,21 (f) At no point shall the commission have the power to define the educational or professional requirements for a license to practice cosmetology. The member states shall retain sole jurisdiction over the provision of these requirements.

SB335,16,2 (4) Article 4 - multistate license. (a) To be eligible to apply to their home state’s state licensing authority for an initial multistate license under this compact, a licensee must hold an active and unencumbered single-state license to practice cosmetology in their home state.

SB335,16,6 (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.

SB335,16,11 (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.

SB335,16,15 (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.

SB335,16,18 (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.

SB335,16,19 (f) To maintain a multistate license under this compact, a licensee must:

SB335,16,22 1. Agree to abide by the rules of the state licensing authority, and the state scope of practice laws governing the practice of cosmetology, of any member state in which the licensee provides services;

SB335,17,2 2. Pay all required fees related to the application and process, and any other fees which the commission may by rule require; and

SB335,17,4 3. Comply with any and all other requirements regarding multistate licenses which the commission may by rule provide.

SB335,17,6 (g) A licensee practicing in a member state is subject to all scope of practice laws governing cosmetology services in that state.

SB335,17,10 (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.

SB335,17,13 (5) Article 5 - reissuance of a multistate license by a new home state. (a) A licensee may hold a multistate license, issued by their home state, in only one member state at any given time.

SB335,17,15 (b) If a licensee changes their home state by moving between two member states:

SB335,17,18 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.

SB335,18,2 2. Upon receipt of an application to reissue a multistate license, the new home state shall verify that the multistate license is active, unencumbered and eligible for reissuance under the terms of the compact and the rules of the commission. The multistate license issued by the prior home state will be deactivated and all member states notified in accordance with the applicable rules adopted by the commission.

SB335,18,5 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.

SB335,18,9 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.

SB335,18,13 (c) If a licensee changes their primary state of residence by moving from a member state to a nonmember state, or from a nonmember state to a member state, then the licensee shall be subject to the state requirements for the issuance of a single-state license in the new home state.

SB335,18,16 (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.

SB335,18,18 (e) Nothing in this compact shall interfere with the requirements established by a member state for the issuance of a single-state license.

SB335,19,2 (6) Article 6 - authority of the compact commission and member state licensing authorities. (a) Nothing in this compact, nor any rule or regulation of the commission, shall be construed to limit, restrict, or in any way reduce the ability of a member state to enact and enforce laws, regulations, or other rules related to the practice of cosmetology in that state, where those laws, regulations, or other rules are not inconsistent with the provisions of this compact.

SB335,19,6 (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.

SB335,19,12 (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.

SB335,19,15 (7) Article 7 - adverse actions. (a) A licensee’s home state shall have exclusive power to impose an adverse action against a licensee’s multistate license issued by the home state.

SB335,19,18 (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.

SB335,19,20 (c) In addition to the powers conferred by state law, each remote state’s state licensing authority shall have the power to:

SB335,19,22 1. Take adverse action against a licensee’s authorization to practice cosmetology through the multistate license in that member state, provided that:

SB335,20,2 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

SB335,20,7 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.

SB335,20,9 2. Issue cease and desist orders or impose an encumbrance on a licensee’s authorization to practice within that member state.

SB335,20,13 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.

SB335,20,22 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.

SB335,21,2 5. If otherwise permitted by state law, recover from the affected licensee the costs of investigations and disposition of cases resulting from any adverse action taken against that licensee.

SB335,21,4 6. Take adverse action against the licensee’s authorization to practice in that state based on the factual findings of another remote state.

SB335,21,9 (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.

SB335,21,16 (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.

SB335,21,20 (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.

SB335,21,23 (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.

SB335,22,3 2. Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the compact.

SB335,22,8 (8) Article 8 - active duty military and their spouses. Active duty military personnel, 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.

SB335,22,16 (9) Article 9 - establishment and operation of the cosmetology licensure compact commission. (a) The compact member states hereby create and establish a joint government agency whose membership consists of all member states that have enacted the compact known as the cosmetology licensure compact commission. The commission is an instrumentality of the compact member states acting jointly and not an instrumentality of any one state. The commission shall come into existence on or after the effective date of the compact as set forth in sub. (13).

SB335,22,18 (b) Membership, voting, and meetings. 1. Each member state shall have and be limited to one delegate selected by that member state’s state licensing authority.