SB335: Bill Text

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.

SB335,22,20 2. The delegate shall be an administrator of the state licensing authority of the member state or their designee.

SB335,22,22 3. The commission shall by rule or bylaw establish a term of office for delegates and may by rule or bylaw establish term limits.

SB335,23,2 4. The commission may recommend removal or suspension of any delegate from office.

SB335,23,4 5. A member state’s state licensing authority shall fill any vacancy of its delegate occurring on the commission within 60 days of the vacancy.

SB335,23,6 6. Each delegate shall be entitled to one vote on all matters that are voted on by the commission.

SB335,23,9 7. The commission shall meet at least once during each calendar year. Additional meetings may be held as set forth in the bylaws. The commission may meet by telecommunication, video conference or other similar electronic means.

SB335,23,10 (c) The commission shall have the following powers:

SB335,23,11 1. Establish the fiscal year of the commission;

SB335,23,12 2. Establish code of conduct and conflict of interest policies;

SB335,23,13 3. Adopt rules and bylaws;

SB335,23,14 4. Maintain its financial records in accordance with the bylaws;

SB335,23,16 5. Meet and take such actions as are consistent with the provisions of this compact, the commission’s rules, and the bylaws;

SB335,23,19 6. Initiate and conclude legal proceedings or actions in the name of the commission, provided that the standing of any state licensing authority to sue or be sued under applicable law shall not be affected;

SB335,23,22 7. Maintain and certify records and information provided to a member state as the authenticated business records of the commission, and designate an agent to do so on the commission’s behalf;

SB335,23,23 8. Purchase and maintain insurance and bonds;

SB335,24,2 9. Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state;

SB335,24,3 10. Conduct an annual financial review;

SB335,24,8 11. Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the compact, and establish the commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;

SB335,24,15 12. As set forth in the commission rules, charge a fee to a licensee for the grant of a multistate license and thereafter, as may be established by commission rule, charge the licensee a multistate license renewal fee for each renewal period. Nothing herein shall be construed to prevent a home state from charging a licensee a fee for a multistate license or renewals of a multistate license, or a fee for the jurisprudence requirement if the member state imposes such a requirement for the grant of a multistate license;

SB335,24,16 13. Assess and collect fees;

SB335,24,20 14. Accept any and all appropriate gifts, donations, grants of money, other sources of revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same; provided that at all times the commission shall avoid any appearance of impropriety or conflict of interest;

SB335,24,22 15. Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or mixed, or any undivided interest therein;

SB335,25,2 16. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed;

SB335,25,3 17. Establish a budget and make expenditures;

SB335,25,4 18. Borrow money;

SB335,25,8 19. Appoint committees, including standing committees, composed of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this compact and the bylaws;

SB335,25,10 20. Provide and receive information from, and cooperate with, law enforcement agencies;

SB335,25,12 21. Elect a chair, vice chair, secretary and treasurer and such other officers of the commission as provided in the commission’s bylaws;

SB335,25,14 22. Establish and elect an executive committee, including a chair and a vice chair;

SB335,25,15 23. Adopt and provide to the member states an annual report.

SB335,25,18 24. Determine whether a state’s adopted language is materially different from the model compact language such that the state would not qualify for participation in the compact; and

SB335,25,20 25. Perform such other functions as may be necessary or appropriate to achieve the purposes of this compact.

SB335,25,23 (d) The executive committee. 1. The executive committee shall have the power to act on behalf of the commission according to the terms of this compact. The powers, duties, and responsibilities of the executive committee shall include:

SB335,26,3 a. Overseeing the day-to-day activities of the administration of the compact including compliance with the provisions of the compact, the commission’s rules and bylaws, and other such duties as deemed necessary;

SB335,26,6 b. Recommending to the commission changes to the rules or bylaws, changes to this compact legislation, fees charged to compact member states, fees charged to licensees, and other fees;

SB335,26,8 c. Ensuring compact administration services are appropriately provided, including by contract;

SB335,26,9 d. Preparing and recommending the budget;

SB335,26,10 e. Maintaining financial records on behalf of the commission;

SB335,26,12 f. Monitoring compact compliance of member states and providing compliance reports to the commission;

SB335,26,13 g. Establishing additional committees as necessary;

SB335,26,17 h. Exercising the powers and duties of the commission during the interim between commission meetings, except for adopting or amending rules, adopting or amending bylaws, and exercising any other powers and duties expressly reserved to the commission by rule or bylaw; and

SB335,26,18 i. Other duties as provided in the rules or bylaws of the commission.

SB335,26,19 2. The executive committee shall be composed of up to 7 voting members:

SB335,26,22 a. The chair and vice chair of the commission and any other members of the commission who serve on the executive committee shall be voting members of the executive committee; and

SB335,27,2 b. Other than the chair, vice chair, secretary and treasurer, the commission shall elect 3 voting members from the current membership of the commission.

SB335,27,7 c. The commission may elect ex officio, nonvoting members from a recognized national cosmetology professional association as approved by the commission. The commission’s bylaws shall identify qualifying organizations and the manner of appointment if the number of organizations seeking to appoint an ex officio member exceeds the number of members specified in this subsection.

SB335,27,9 3. The commission may remove any member of the executive committee as provided in the commission’s bylaws.

SB335,27,10 4. The executive committee shall meet at least annually.

SB335,27,15 a. Annual executive committee meetings, as well as any executive committee meeting at which it does not take or intend to take formal action on a matter for which a commission vote would otherwise be required, shall be open to the public, except that the executive committee may meet in a closed, nonpublic session of a public meeting when dealing with any of the matters covered under par. (f) 4.

SB335,27,19 b. The executive committee shall give 5 business days advance notice of its public meetings, posted on its website and as determined to provide notice to persons with an interest in the public matters the executive committee intends to address at those meetings.

SB335,27,21 5. The executive committee may hold an emergency meeting when acting for the commission to:

SB335,27,22 a. Meet an imminent threat to public health, safety, or welfare;

SB335,27,23 b. Prevent a loss of commission or member state funds; or