HB 365 — An Act authorizing the Commonwealth of Pennsylvania to join the Cosmetology Licensure Compact; and providing for the form of the compact.

PRINTER'S NO.   321

                   THE GENERAL ASSEMBLY OF PENNSYLVANIA



                       HOUSE BILL
                       No. 365
                                              Session of
                                                2025

     INTRODUCED BY SOLOMON, MAKO, GIRAL, HANBIDGE, VENKAT, GROVE,
        KENYATTA, SANCHEZ, BURGOS, HILL-EVANS, MARCELL, CEPEDA-
        FREYTIZ, MENTZER, FREEMAN, CERRATO, ABNEY AND GREEN,
        JANUARY 27, 2025

     REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE,
        JANUARY 27, 2025


                                   AN ACT
 1   Authorizing the Commonwealth of Pennsylvania to join the
 2      Cosmetology Licensure Compact; and providing for the form of
 3      the compact.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6   Section 1.   Short title.
 7      This act shall be known and may be cited as the Cosmetology
 8   Licensure Compact Act.
 9   Section 2.   Authority to execute compact.
10      The Governor, on behalf of the Commonwealth, is hereby
11   authorized to execute a compact in substantially the following
12   form with any one or more of the states of the United States and
13   the General Assembly hereby signifies in advance its approval
14   and ratification of the compact:
15                        COSMETOLOGY LICENSURE COMPACT
16   SECTION 1. PURPOSE
17      The purpose of this Compact is to facilitate the interstate
 1   practice and regulation of Cosmetology with the goal of
 2   improving public access to, and the safety of, Cosmetology
 3   Services and reducing unnecessary burdens related to Cosmetology
 4   licensure. Through this Compact, the Member States seek to
 5   establish a regulatory framework which provides for a new
 6   multistate licensing program. Through this new licensing
 7   program, the Member States seek to provide increased value and
 8   mobility to licensed Cosmetologists in the Member States, while
 9   ensuring the provision of safe, effective, and reliable services
10   to the public.
11      This Compact is designed to achieve the following objectives,
12   and the Member States hereby ratify the same intentions by
13   subscribing hereto:
14      A. Provide opportunities for interstate practice by
15   Cosmetologists who meet uniform requirements for multistate
16   licensure;
17      B. Enhance the abilities of Member States to protect public
18   health and safety, and prevent fraud and unlicensed activity
19   within the profession;
20      C. Ensure and encourage cooperation between Member States in
21   the licensure and regulation of the Practice of Cosmetology;
22      D. Support relocating military members and their spouses;
23      E. Facilitate the exchange of information between Member
24   States related to the licensure, investigation, and discipline
25   of the Practice of Cosmetology;
26      F. Provide for the licensure and mobility of the workforce in
27   the profession, while addressing the shortage of workers and
28   lessening the associated burdens on the Member States.
29   SECTION 2. DEFINITIONS
30      As used in this Compact, and except as otherwise provided,

20250HB0365PN0321                 - 2 -
 1   the following definitions shall govern the terms herein:
 2      A. "Active Military Member" means any person with full-time
 3   duty status in the armed forces of the United States, including
 4   members of the National Guard and Reserve.
 5      B. "Adverse Action" means any administrative, civil,
 6   equitable, or criminal action permitted by a Member State's laws
 7   which is imposed by a State Licensing Authority or other
 8   regulatory body against a Cosmetologist, including actions
 9   against an individual's license or Authorization to Practice
10   such as revocation, suspension, probation, monitoring of the
11   Licensee, limitation of the Licensee's practice, or any other
12   Encumbrance on a license affecting an individual's ability to
13   participate in the Cosmetology industry, including the issuance
14   of a cease and desist order.
15      C. "Authorization to Practice" means a legal authorization
16   associated with a Multistate License permitting the Practice of
17   Cosmetology in that Remote State, which shall be subject to the
18   enforcement jurisdiction of the State Licensing Authority in
19   that Remote State.
20      D. "Alternative Program" means a non-disciplinary monitoring
21   or prosecutorial diversion program approved by a Member State's
22   State Licensing Authority.
23      E. "Background Check" means the submission of information for
24   an applicant for the purpose of obtaining that applicant's
25   criminal history record information, as further defined in 28
26   C.F.R. § 20.3(d), from the Federal Bureau of Investigation and
27   the agency responsible for retaining State criminal or
28   disciplinary history in the applicant's Home State.
29      F. "Charter Member State" means Member States who have
30   enacted legislation to adopt this Compact where such legislation

20250HB0365PN0321                   - 3 -
 1   predates the effective date of this Compact as defined in
 2   Article 13.
 3      G. "Commission" means the government agency whose membership
 4   consists of all States that have enacted this Compact, which is
 5   known as the Cosmetology Licensure Compact Commission, as
 6   defined in Article 9, and which shall operate as an
 7   instrumentality of the Member States.
 8      H. "Cosmetologist" means an individual licensed in their Home
 9   State to practice Cosmetology.
10      I. "Cosmetology", "Cosmetology Services", and the "Practice
11   of Cosmetology" mean the care and services provided by a
12   Cosmetologist as set forth in the Member State's statutes and
13   regulations in the State where the services are being provided.
14      J. "Current Significant Investigative Information" means:
15      1. Investigative Information that a State Licensing
16   Authority, after an inquiry or investigation that complies with
17   a Member State's due process requirements, has reason to believe
18   is not groundless and, if proved true, would indicate a
19   violation of that State's laws regarding fraud or the Practice
20   of Cosmetology; or
21      2. Investigative Information that indicates that a Licensee
22   has engaged in fraud or represents an immediate threat to public
23   health and safety, regardless of whether the Licensee has been
24   notified and had an opportunity to respond.
25      K. "Data System" means a repository of information about
26   Licensees, including, but not limited to, license status,
27   Investigative Information, and Adverse Actions.
28      L. "Disqualifying Event" means any event which shall
29   disqualify an individual from holding a Multistate License under
30   this Compact, which the Commission may by Rule or order specify.

20250HB0365PN0321                 - 4 -
 1      M. "Encumbered License" means a license in which an Adverse
 2   Action restricts the Practice of Cosmetology by a Licensee, or
 3   where said Adverse Action has been reported to the Commission.
 4      N. "Encumbrance" means a revocation or suspension of, or any
 5   limitation on, the full and unrestricted Practice of Cosmetology
 6   by a State Licensing Authority.
 7      O. "Executive Committee" means a group of delegates elected
 8   or appointed to act on behalf of, and within the powers granted
 9   to them by, the Commission.
10      P. "Home State" means the Member State which is a Licensee's
11   primary State of residence, and where that Licensee holds an
12   active and unencumbered license to practice Cosmetology.
13      Q. "Investigative Information" means information, records, or
14   documents received or generated by a State Licensing Authority
15   pursuant to an investigation or other inquiry.
16      R. "Jurisprudence Requirement" means the assessment of an
17   individual's knowledge of the laws and rules governing the
18   Practice of Cosmetology in a State.
19      S. "Licensee" means an individual who currently holds a
20   license from a Member State to practice as a Cosmetologist.
21      T. "Member State" means any State that has adopted this
22   Compact.
23      U. "Multistate License" means a license issued by and subject
24   to the enforcement jurisdiction of the State Licensing Authority
25   in a Licensee's Home State, which authorizes the Practice of
26   Cosmetology in Member States and includes Authorizations to
27   Practice Cosmetology in all Remote States pursuant to this
28   Compact.
29      V. "Remote State" means any Member State, other than the
30   Licensee's Home State.

20250HB0365PN0321                  - 5 -
 1      W. "Rule" means any rule or regulation promulgated by the
 2   Commission under this Compact which has the force of law.
 3      X. "Single-State License" means a Cosmetology license issued
 4   by a Member State that authorizes practice of Cosmetology only
 5   within the issuing State and does not include any authorization
 6   outside of the issuing State.
 7      Y. "State" means a State, territory, or possession of the
 8   United States and the District of Columbia.
 9      Z. "State Licensing Authority" means a Member State's
10   regulatory body responsible for issuing Cosmetology licenses or
11   otherwise overseeing the Practice of Cosmetology in that State.
12   SECTION 3. MEMBER STATE REQUIREMENTS
13      A. To be eligible to join this Compact, and to maintain
14   eligibility as a Member State, a State must:
15      1. License and regulate Cosmetology;
16      2. Have a mechanism or entity in place to receive and
17   investigate complaints about Licensees practicing in that State;
18      3. Require that Licensees within the State pass a Cosmetology
19   competency examination prior to being licensed to provide
20   Cosmetology Services to the public in that State;
21      4. Require that Licensees satisfy educational or training
22   requirements in Cosmetology prior to being licensed to provide
23   Cosmetology Services to the public in that State;
24      5. Implement procedures for considering one or more of the
25   following categories of information from applicants for
26   licensure: criminal history; disciplinary history; or Background
27   Check. Such procedures may include the submission of information
28   by applicants for the purpose of obtaining an applicant's
29   Background Check as defined herein;
30      6. Participate in the Data System, including through the use

20250HB0365PN0321                    - 6 -
 1   of unique identifying numbers;
 2      7. Share information related to Adverse Actions with the
 3   Commission and other Member States, both through the Data System
 4   and otherwise;
 5      8. Notify the Commission and other Member States, in
 6   compliance with the terms of this Compact and Rules of the
 7   Commission, of the existence of Investigative Information or
 8   Current Significant Investigative Information in the State's
 9   possession regarding a Licensee practicing in that State;
10      9. Comply with such Rules as may be enacted by the Commission
11   to administer this Compact; and
12      10. Accept Licensees from other Member States as established
13   herein.
14      B. Member States may charge a fee for granting a license to
15   practice Cosmetology.
16      C. Individuals not residing in a Member State shall continue
17   to be able to apply for a Member State's Single-State License as
18   provided under the laws of each Member State. However, the
19   Single-State License granted to these individuals shall not be
20   recognized as granting a Multistate License to provide services
21   in any other Member State.
22      D. Nothing in this Compact shall affect the requirements
23   established by a Member State for the issuance of a Single-State
24   License.
25      E. A Multistate License issued to a Licensee by a Home State
26   to a resident of that State shall be recognized by each Member
27   State as authorizing a Licensee to practice Cosmetology in each
28   Member State.
29      F. At no point shall the Commission have the power to define
30   the educational or professional requirements for a license to

20250HB0365PN0321                 - 7 -
 1   practice Cosmetology. The Member States shall retain sole
 2   jurisdiction over the provision of these requirements.
 3   SECTION 4. MULTISTATE LICENSE
 4      A. To be eligible to apply to their Home State's State
 5   Licensing Authority for an initial Multistate License under this
 6   Compact, a Licensee must hold an active and unencumbered Single-
 7   State License to practice Cosmetology in their Home State.
 8      B. Upon the receipt of an application for a Multistate
 9   License, according to the Rules of the Commission, a Member
10   State's State Licensing Authority shall ascertain whether the
11   applicant meets the requirements for a Multistate License under
12   this Compact.
13      C. If an applicant meets the requirements for a Multistate
14   License under this Compact and any applicable Rules of the
15   Commission, the State Licensing Authority in receipt of the
16   application shall, within a reasonable time, grant a Multistate
17   License to that applicant, and inform all Member States of the
18   grant of said Multistate License.
19      D. A Multistate License to practice Cosmetology issued by a
20   Member State's State Licensing Authority shall be recognized by
21   each Member State as authorizing the practice thereof as though
22   that Licensee held a Single-State License to do so in each
23   Member State, subject to the restrictions herein.
24      E. A Multistate License granted pursuant to this Compact may
25   be effective for a definite period of time, concurrent with the
26   licensure renewal period in the Home State.
27      F. To maintain a Multistate License under this Compact, a
28   Licensee must:
29      1. Agree to abide by the rules of the State Licensing
30   Authority, and the State scope of practice laws governing the

20250HB0365PN0321                    - 8 -
 1   Practice of Cosmetology, of any Member State in which the
 2   Licensee provides services;
 3      2. Pay all required fees related to the application and
 4   process, and any other fees which the Commission may by Rule
 5   require; and
 6      3. Comply with any and all other requirements regarding
 7   Multistate Licenses which the Commission may by Rule provide.
 8      G. A Licensee practicing in a Member State is subject to all
 9   scope of practice laws governing Cosmetology Services in that
10   State.
11      H. The Practice of Cosmetology under a Multistate License
12   granted pursuant to this Compact will subject the Licensee to
13   the jurisdiction of the State Licensing Authority, the courts,
14   and the laws of the Member State in which the Cosmetology
15   Services are provided.
16   SECTION 5. REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME
17   STATE
18      A. A Licensee may hold a Multistate License, issued by their
19   Home State, in only one Member State at any given time.
20      B. If a Licensee changes their Home State by moving between
21   two Member States:
22      1. The Licensee shall immediately apply for the reissuance of
23   their Multistate License in their new Home State. The Licensee
24   shall pay all applicable fees and notify the prior Home State in
25   accordance with the Rules of the Commission.
26      2. Upon receipt of an application to reissue a Multistate
27   License, the new Home State shall verify that the Multistate
28   License is active, unencumbered and eligible for reissuance
29   under the terms of this Compact and the Rules of the Commission.
30   The Multistate License issued by the prior Home State will be

20250HB0365PN0321                  - 9 -
 1   deactivated and all Member States notified in accordance with
 2   the applicable Rules adopted by the Commission.
 3      3. If required for initial licensure, the new Home State may
 4   require a Background Check as specified in the laws of that
 5   State, or the compliance with any Jurisprudence Requirements of
 6   the new Home State.
 7      4. Notwithstanding any other provision of this Compact, if a
 8   Licensee does not meet the requirements set forth in this
 9   Compact for the reissuance of a Multistate License by the new
10   Home State, then the Licensee shall be subject to the new Home
11   State requirements for the issuance of a Single-State License in
12   that State.
13      C. If a Licensee changes their primary state of residence by
14   moving from a Member State to a non-Member State, or from a non-
15   Member State to a Member State, then the Licensee shall be
16   subject to the State requirements for the issuance of a Single-
17   State License in the new Home State.
18      D. Nothing in this Compact shall interfere with a Licensee's
19   ability to hold a Single-State License in multiple States;
20   however, for the purposes of this Compact, a Licensee shall have
21   only one Home State, and only one Multistate License.
22      E. Nothing in this Compact shall interfere with the
23   requirements established by a Member State for the issuance of a
24   Single-State License.
25   SECTION 6. AUTHORITY OF THE COMMISSION AND MEMBER STATE
26   LICENSING AUTHORITIES
27      A. Nothing in this Compact, nor any Rule or regulation of the
28   Commission, shall be construed to limit, restrict, or in any way
29   reduce the ability of a Member State to enact and enforce laws,
30   regulations, or other rules related to the Practice of

20250HB0365PN0321                 - 10 -
 1   Cosmetology in that State, where those laws, regulations, or
 2   other rules are not inconsistent with the provisions of this
 3   Compact.
 4         B. Insofar as practical, a Member State's State Licensing
 5   Authority shall cooperate with the Commission and with each
 6   entity exercising independent regulatory authority over the
 7   Practice of Cosmetology according to the provisions of this
 8   Compact.
 9         C. Discipline shall be the sole responsibility of the State
10   in which Cosmetology Services are provided. Accordingly, each
11   Member State's State Licensing Authority shall be responsible
12   for receiving complaints about individuals practicing
13   Cosmetology in that State, and for communicating all relevant
14   Investigative Information about any such Adverse Action to the
15   other Member States through the Data System in addition to any
16   other methods the Commission may by Rule require.
17   SECTION 7. ADVERSE ACTIONS
18         A. A Licensee's Home State shall have exclusive power to
19   impose an Adverse Action against a Licensee's Multistate License
20   issued by the Home State.
21         B. A Home State may take Adverse Action on a Multistate
22   License based on the Investigative Information, Current
23   Significant Investigative Information, or Adverse Action of a
24   Remote State.
25         C. In addition to the powers conferred by State law, each
26   Remote State's State Licensing Authority shall have the power
27   to:
28         1. Take Adverse Action against a Licensee's Authorization to
29   Practice Cosmetology through the Multistate License in that
30   Member State, provided that:

20250HB0365PN0321                    - 11 -
 1      a. Only the Licensee's Home State shall have the power to
 2   take Adverse Action against the Multistate License issued by the
 3   Home State; and
 4      b. For the purposes of taking Adverse Action, the Home
 5   State's State Licensing Authority shall give the same priority
 6   and effect to reported conduct received from a Remote State as
 7   it would if such conduct had occurred within the Home State. In
 8   so doing, the Home State shall apply its own State laws to
 9   determine the appropriate action.
10      2. Issue cease and desist orders or impose an Encumbrance on
11   a Licensee's Authorization to Practice within that Member State.
12      3. Complete any pending investigations of a Licensee who
13   changes their primary state of residence during the course of
14   such an investigation. The State Licensing Authority shall also
15   be empowered to report the results of such an investigation to
16   the Commission through the Data System as described herein.
17      4. Issue subpoenas for both hearings and investigations that
18   require the attendance and testimony of witnesses, as well as
19   the production of evidence. Subpoenas issued by a State
20   Licensing Authority in a Member State for the attendance and
21   testimony of witnesses or the production of evidence from
22   another Member State shall be enforced in the latter State by
23   any court of competent jurisdiction, according to the practice
24   and procedure of that court applicable to subpoenas issued in
25   proceedings before it. The issuing State Licensing Authority
26   shall pay any witness fees, travel expenses, mileage, and other
27   fees required by the service statutes of the State in which the
28   witnesses or evidence are located.
29      5. If otherwise permitted by State law, recover from the
30   affected Licensee the costs of investigations and disposition of

20250HB0365PN0321                 - 12 -
 1   cases resulting from any Adverse Action taken against that
 2   Licensee.
 3      6. Take Adverse Action against the Licensee's Authorization
 4   to Practice in that State based on the factual findings of
 5   another Remote State.
 6      D. A Licensee's Home State shall complete any pending
 7   investigation(s) of a Cosmetologist who changes their primary
 8   state of residence during the course of the investigation(s).
 9   The Home State shall also have the authority to take appropriate
10   action(s) and shall promptly report the conclusions of the
11   investigations to the Data System.
12      E. 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
15   all Encumbrances have been removed from the Home State license.
16   All Home State disciplinary orders that impose an Adverse Action
17   against a Licensee's Multistate License shall include a
18   statement that the Cosmetologist's Authorization to Practice is
19   deactivated in all Member States during the pendency of the
20   order.
21      F. Nothing in this Compact shall override a Member State's
22   authority to accept a Licensee's participation in an Alternative
23   Program in lieu of Adverse Action. A Licensee's Multistate
24   License shall be suspended for the duration of the Licensee's
25   participation in any Alternative Program.
26      G. Joint Investigations
27      1. In addition to the authority granted to a Member State by
28   its respective scope of practice laws or other applicable State
29   law, a Member State may participate with other Member States in
30   joint investigations of Licensees.

20250HB0365PN0321                 - 13 -
 1      2. Member States shall share any investigative, litigation,
 2   or compliance materials in furtherance of any joint or
 3   individual investigation initiated under this Compact.
 4   SECTION 8. ACTIVE MILITARY MEMBERS AND THEIR SPOUSES
 5      Active Military Members, or their spouses, shall designate a
 6   Home State where the individual has a current license to
 7   practice Cosmetology in good standing. The individual may retain
 8   their Home State designation during any period of service when
 9   that individual or their spouse is on active duty assignment.
10   SECTION 9. ESTABLISHMENT AND OPERATION OF THE COSMETOLOGY
11   LICENSURE COMPACT COMMISSION
12      A. The Member States hereby create and establish a joint
13   government agency whose membership consists of all Member States
14   that have enacted this Compact known as the Cosmetology
15   Licensure Compact Commission. The Commission is an
16   instrumentality of the Member States acting jointly and not an
17   instrumentality of any one State. The Commission shall come into
18   existence on or after the effective date of this Compact as set
19   forth in Article 13.
20      B. Membership, Voting, and Meetings
21      1. Each Member State shall have and be limited to one (1)
22   delegate selected by that Member State's State Licensing
23   Authority.
24      2. The delegate shall be an administrator of the State
25   Licensing Authority of the Member State or their designee.
26      3. The Commission shall by Rule or bylaw establish a term of
27   office for delegates and may by Rule or bylaw establish term
28   limits.
29      4. The Commission may recommend removal or suspension of any
30   delegate from office.

20250HB0365PN0321                   - 14 -
 1      5. A Member State's State Licensing Authority shall fill any
 2   vacancy of its delegate occurring on the Commission within 60
 3   days of the vacancy.
 4      6. Each delegate shall be entitled to one vote on all matters
 5   that are voted on by the Commission.
 6      7. The Commission shall meet at least once during each
 7   calendar year. Additional meetings may be held as set forth in
 8   the bylaws. The Commission may meet by telecommunication, video
 9   conference or other similar electronic means.
10      C.     The Commission shall have the following powers:
11      1. Establish the fiscal year of the Commission;
12      2. Establish code of conduct and conflict of interest
13   policies;
14      3. Adopt Rules and bylaws;
15      4. Maintain its financial records in accordance with the
16   bylaws;
17      5. Meet and take such actions as are consistent with the
18   provisions of this Compact, the Commission's Rules, and the
19   bylaws;
20      6. Initiate and conclude legal proceedings or actions in the
21   name of the Commission, provided that the standing of any State
22   Licensing Authority to sue or be sued under applicable law shall
23   not be affected;
24      7. Maintain and certify records and information provided to a
25   Member State as the authenticated business records of the
26   Commission, and designate an agent to do so on the Commission's
27   behalf;
28      8. Purchase and maintain insurance and bonds;
29      9. Borrow, accept, or contract for services of personnel,
30   including, but not limited to, employees of a Member State;

20250HB0365PN0321                    - 15 -
 1      10. Conduct an annual financial review;
 2      11. Hire employees, elect or appoint officers, fix
 3   compensation, define duties, grant such individuals appropriate
 4   authority to carry out the purposes of this Compact, and
 5   establish the Commission's personnel policies and programs
 6   relating to conflicts of interest, qualifications of personnel,
 7   and other related personnel matters;
 8      12. As set forth in the Commission Rules, charge a fee to a
 9   Licensee for the grant of a Multistate License and thereafter,
10   as may be established by Commission Rule, charge the Licensee a
11   Multistate License renewal fee for each renewal period. Nothing
12   herein shall be construed to prevent a Home State from charging
13   a Licensee a fee for a Multistate License or renewals of a
14   Multistate License, or a fee for the jurisprudence requirement
15   if the Member State imposes such a requirement for the grant of
16   a Multistate License;
17      13. Assess and collect fees;
18      14. Accept any and all appropriate gifts, donations, grants
19   of money, other sources of revenue, equipment, supplies,
20   materials, and services, and receive, utilize, and dispose of
21   the same; provided that at all times the Commission shall avoid
22   any appearance of impropriety or conflict of interest;
23      15. Lease, purchase, retain, own, hold, improve, or use any
24   property, real, personal, or mixed, or any undivided interest
25   therein;
26      16. Sell, convey, mortgage, pledge, lease, exchange, abandon,
27   or otherwise dispose of any property real, personal, or mixed;
28      17. Establish a budget and make expenditures;
29      18. Borrow money;
30      19. Appoint committees, including standing committees,

20250HB0365PN0321                 - 16 -
 1   composed of members, State regulators, State legislators or
 2   their representatives, and consumer representatives, and such
 3   other interested persons as may be designated in this Compact
 4   and the bylaws;
 5         20. Provide and receive information from, and cooperate with,
 6   law enforcement agencies;
 7         21. Elect a Chair, Vice Chair, Secretary and Treasurer and
 8   such other officers of the Commission as provided in the
 9   Commission's bylaws;
10         22. Establish and elect an Executive Committee, including a
11   chair and a vice chair;
12         23. Adopt and provide to the Member States an annual report;
13         24. Determine whether a State's adopted language is
14   materially different from the model Compact language such that
15   the State would not qualify for participation in this Compact;
16   and
17         25. Perform such other functions as may be necessary or
18   appropriate to achieve the purposes of this Compact.
19         D. The Executive Committee
20         1. The Executive Committee shall have the power to act on
21   behalf of the Commission according to the terms of this Compact.
22   The powers, duties, and responsibilities of the Executive
23   Committee shall include:
24         a. Overseeing the day-to-day activities of the administration
25   of this Compact including compliance with the provisions of this
26   Compact, the Commission's Rules and bylaws, and other such
27   duties as deemed necessary;
28         b. Recommending to the Commission changes to the Rules or
29   bylaws, changes to this Compact legislation, fees charged to
30   Compact Member States, fees charged to Licensees, and other

20250HB0365PN0321                       - 17 -
 1   fees;
 2      c. Ensuring Compact administration services are appropriately
 3   provided, including by contract;
 4      d. Preparing and recommending the budget;
 5      e. Maintaining financial records on behalf of the Commission;
 6      f. Monitoring Compact compliance of Member States and
 7   providing compliance reports to the Commission;
 8      g. Establishing additional committees as necessary;
 9      h. Exercising the powers and duties of the Commission during
10   the interim between Commission meetings, except for adopting or
11   amending Rules, adopting or amending bylaws, and exercising any
12   other powers and duties expressly reserved to the Commission by
13   Rule or bylaw; and
14      i. Other duties as provided in the Rules or bylaws of the
15   Commission.
16      2. The Executive Committee shall be composed of up to seven
17   voting members:
18      a. The chair and vice chair of the Commission and any other
19   members of the Commission who serve on the Executive Committee
20   shall be voting members of the Executive Committee; and
21      b. Other than the chair, vice-chair, secretary and treasurer,
22   the Commission shall elect three voting members from the current
23   membership of the Commission.
24      c. The Commission may elect ex-officio, nonvoting members
25   from a recognized national Cosmetology professional association
26   as approved by the Commission. The Commission's bylaws shall
27   identify qualifying organizations and the manner of appointment
28   if the number of organizations seeking to appoint an ex officio
29   member exceeds the number of members specified in this Article.
30      3. The Commission may remove any member of the Executive

20250HB0365PN0321                    - 18 -
 1   Committee as provided in the Commission's bylaws.
 2      4. The Executive Committee shall meet at least annually.
 3      a. Annual Executive Committee meetings, as well as any
 4   Executive Committee meeting at which it does not take or intend
 5   to take formal action on a matter for which a Commission vote
 6   would otherwise be required, shall be open to the public, except
 7   that the Executive Committee may meet in a closed, non-public
 8   session of a public meeting when dealing with any of the matters
 9   covered under Article 9.F.4.
10      b. The Executive Committee shall give five business days
11   advance notice of its public meetings, posted on its website and
12   as determined to provide notice to persons with an interest in
13   the public matters the Executive Committee intends to address at
14   those meetings.
15      5. The Executive Committee may hold an emergency meeting when
16   acting for the Commission to:
17      a. Meet an imminent threat to public health, safety, or
18   welfare;
19      b. Prevent a loss of Commission or Member State funds; or
20      c. Protect public health and safety.
21      E. The Commission shall adopt and provide to the Member
22   States an annual report.
23      F. Meetings of the Commission
24      1. All meetings of the Commission that are not closed
25   pursuant to Article 9.F.4 shall be open to the public. Notice of
26   public meetings shall be posted on the Commission's website at
27   least thirty (30) days prior to the public meeting.
28      2. Notwithstanding Article 9.F.1, the Commission may convene
29   an emergency public meeting by providing at least twenty-four
30   (24) hours prior notice on the Commission's website, and any

20250HB0365PN0321                    - 19 -
 1   other means as provided in the Commission's Rules, for any of
 2   the reasons it may dispense with notice of proposed rulemaking
 3   under Article 11.L. The Commission's legal counsel shall certify
 4   that one of the reasons justifying an emergency public meeting
 5   has been met.
 6      3. Notice of all Commission meetings shall provide the time,
 7   date, and location of the meeting, and if the meeting is to be
 8   held or accessible via telecommunication, video conference, or
 9   other electronic means, the notice shall include the mechanism
10   for access to the meeting.
11      4. The Commission may convene in a closed, non-public meeting
12   for the Commission to discuss:
13      a. Non-compliance of a Member State with its obligations
14   under this Compact;
15      b. The employment, compensation, discipline or other matters,
16   practices or procedures related to specific employees or other
17   matters related to the Commission's internal personnel practices
18   and procedures;
19      c. Current or threatened discipline of a Licensee by the
20   Commission or by a Member State's Licensing Authority;
21      d. Current, threatened, or reasonably anticipated litigation;
22      e. Negotiation of contracts for the purchase, lease, or sale
23   of goods, services, or real estate;
24      f. Accusing any person of a crime or formally censuring any
25   person;
26      g. Trade secrets or commercial or financial information that
27   is privileged or confidential;
28      h. Information of a personal nature where disclosure would
29   constitute a clearly unwarranted invasion of personal privacy;
30      i. Investigative records compiled for law enforcement

20250HB0365PN0321                 - 20 -
 1   purposes;
 2      j. Information related to any investigative reports prepared
 3   by or on behalf of or for use of the Commission or other
 4   committee charged with responsibility of investigation or
 5   determination of compliance issues pursuant to this Compact;
 6      k. Legal advice;
 7      l. Matters specifically exempted from disclosure to the
 8   public by federal or Member State law; or
 9      m. Other matters as promulgated by the Commission by Rule.
10      5. If a meeting, or portion of a meeting, is closed, the
11   presiding officer shall state that the meeting will be closed
12   and reference each relevant exempting provision, and such
13   reference shall be recorded in the minutes.
14      6. The Commission shall keep minutes that fully and clearly
15   describe all matters discussed in a meeting and shall provide a
16   full and accurate summary of actions taken, and the reasons
17   therefore, including a description of the views expressed. All
18   documents considered in connection with an action shall be
19   identified in such minutes. All minutes and documents of a
20   closed meeting shall remain under seal, subject to release only
21   by a majority vote of the Commission or order of a court of
22   competent jurisdiction.
23      G. Financing of the Commission
24      1. The Commission shall pay, or provide for the payment of,
25   the reasonable expenses of its establishment, organization, and
26   ongoing activities.
27      2. The Commission may accept any and all appropriate sources
28   of revenue, donations, and grants of money, equipment, supplies,
29   materials, and services.
30      3. The Commission may levy on and collect an annual

20250HB0365PN0321                 - 21 -
 1   assessment from each Member State and impose fees on Licensees
 2   of Member States to whom it grants a Multistate License to cover
 3   the cost of the operations and activities of the Commission and
 4   its staff, which must be in a total amount sufficient to cover
 5   its annual budget as approved each year for which revenue is not
 6   provided by other sources. The aggregate annual assessment
 7   amount for Member States shall be allocated based upon a formula
 8   that the Commission shall promulgate by Rule.
 9      4. The Commission shall not incur obligations of any kind
10   prior to securing the funds adequate to meet the same; nor shall
11   the Commission pledge the credit of any Member States, except by
12   and with the authority of the Member State.
13      5. The Commission shall keep accurate accounts of all
14   receipts and disbursements. The receipts and disbursements of
15   the Commission shall be subject to the financial review and
16   accounting procedures established under its bylaws. All receipts
17   and disbursements of funds handled by the Commission shall be
18   subject to an annual financial review by a certified or licensed
19   public accountant, and the report of the financial review shall
20   be included in and become part of the annual report of the
21   Commission.
22      H. Qualified Immunity, Defense, and Indemnification
23      1. The members, officers, executive director, employees and
24   representatives of the Commission shall be immune from suit and
25   liability, both personally and in their official capacity, for
26   any claim for damage to or loss of property or personal injury
27   or other civil liability caused by or arising out of any actual
28   or alleged act, error, or omission that occurred, or that the
29   person against whom the claim is made had a reasonable basis for
30   believing occurred within the scope of Commission employment,

20250HB0365PN0321                 - 22 -
 1   duties or responsibilities; provided that nothing in this
 2   paragraph shall be construed to protect any such person from
 3   suit or liability for any damage, loss, injury, or liability
 4   caused by the intentional or willful or wanton misconduct of
 5   that person. The procurement of insurance of any type by the
 6   Commission shall not in any way compromise or limit the immunity
 7   granted hereunder.
 8      2. The Commission shall defend any member, officer, executive
 9   director, employee, and representative of the Commission in any
10   civil action seeking to impose liability arising out of any
11   actual or alleged act, error, or omission that occurred within
12   the scope of Commission employment, duties, or responsibilities,
13   or as determined by the Commission that the person against whom
14   the claim is made had a reasonable basis for believing occurred
15   within the scope of Commission employment, duties, or
16   responsibilities; provided that nothing herein shall be
17   construed to prohibit that person from retaining their own
18   counsel at their own expense; and provided further, that the
19   actual or alleged act, error, or omission did not result from
20   that person's intentional or willful or wanton misconduct.
21      3. The Commission shall indemnify and hold harmless any
22   member, officer, executive director, employee, and
23   representative of the Commission for the amount of any
24   settlement or judgment obtained against that person arising out
25   of any actual or alleged act, error, or omission that occurred
26   within the scope of Commission employment, duties, or
27   responsibilities, or that such person had a reasonable basis for
28   believing occurred within the scope of Commission employment,
29   duties, or responsibilities, provided that the actual or alleged
30   act, error, or omission did not result from the intentional or

20250HB0365PN0321                 - 23 -
 1   willful or wanton misconduct of that person.
 2      4. Nothing herein shall be construed as a limitation on the
 3   liability of any Licensee for professional malpractice or
 4   misconduct, which shall be governed solely by any other
 5   applicable State laws.
 6      5. Nothing in this Compact shall be interpreted to waive or
 7   otherwise abrogate a Member State's State action immunity or
 8   State action affirmative defense with respect to antitrust
 9   claims under the Sherman Act, Clayton Act, or any other State or
10   federal antitrust or anticompetitive law or regulation.
11      6. Nothing in this Compact shall be construed to be a waiver
12   of sovereign immunity by the Member States or by the Commission.
13   SECTION 10. DATA SYSTEM
14      A. The Commission shall provide for the development,
15   maintenance, operation, and utilization of a coordinated
16   database and reporting system.
17      B. The Commission shall assign each applicant for a
18   Multistate License a unique identifier, as determined by the
19   Rules of the Commission.
20      C. Notwithstanding any other provision of State law to the
21   contrary, a Member State shall submit a uniform data set to the
22   Data System on all individuals to whom this Compact is
23   applicable as required by the Rules of the Commission,
24   including:
25      1. Identifying information;
26      2. Licensure data;
27      3. Adverse Actions against a license and information related
28   thereto;
29      4. Non-confidential information related to Alternative
30   Program participation, the beginning and ending dates of such

20250HB0365PN0321                 - 24 -
 1   participation, and other information related to such
 2   participation;
 3      5. Any denial of application for licensure, and the reason(s)
 4   for such denial (excluding the reporting of any criminal history
 5   record information where prohibited by law);
 6      6. The existence of Investigative Information;
 7      7. The existence of Current Significant Investigative
 8   Information; and
 9      8. Other information that may facilitate the administration
10   of this Compact or the protection of the public, as determined
11   by the Rules of the Commission.
12      D. The records and information provided to a Member State
13   pursuant to this Compact or through the Data System, when
14   certified by the Commission or an agent thereof, shall
15   constitute the authenticated business records of the Commission,
16   and shall be entitled to any associated hearsay exception in any
17   relevant judicial, quasi-judicial or administrative proceedings
18   in a Member State.
19      E. The existence of Current Significant Investigative
20   Information and the existence of Investigative Information
21   pertaining to a Licensee in any Member State will only be
22   available to other Member States.
23      F. It is the responsibility of the Member States to monitor
24   the database to determine whether Adverse Action has been taken
25   against such a Licensee or License applicant. Adverse Action
26   information pertaining to a Licensee or License applicant in any
27   Member State will be available to any other Member State.
28      G. Member States contributing information to the Data System
29   may designate information that may not be shared with the public
30   without the express permission of the contributing State.

20250HB0365PN0321                 - 25 -
 1      H. Any information submitted to the Data System that is
 2   subsequently expunged pursuant to federal law or the laws of the
 3   Member State contributing the information shall be removed from
 4   the Data System.
 5   SECTION 11. RULEMAKING
 6      A. The Commission shall promulgate reasonable Rules in order
 7   to effectively and efficiently implement and administer the
 8   purposes and provisions of this Compact. A Rule shall be invalid
 9   and have no force or effect only if a court of competent
10   jurisdiction holds that the Rule is invalid because the
11   Commission exercised its rulemaking authority in a manner that
12   is beyond the scope and purposes of this Compact, or the powers
13   granted hereunder, or based upon another applicable standard of
14   review.
15      B. The Rules of the Commission shall have the force of law in
16   each Member State, provided however that where the Rules of the
17   Commission conflict with the laws of the Member State that
18   establish the Member State's scope of practice laws governing
19   the Practice of Cosmetology as held by a court of competent
20   jurisdiction, the Rules of the Commission shall be ineffective
21   in that State to the extent of the conflict.
22      C. The Commission shall exercise its rulemaking powers
23   pursuant to the criteria set forth in this Article and the Rules
24   adopted thereunder. Rules shall become binding as of the date
25   specified by the Commission for each Rule.
26      D. If a majority of the legislatures of the Member States
27   rejects a Rule or portion of a Rule, by enactment of a statute
28   or resolution in the same manner used to adopt this Compact
29   within four (4) years of the date of adoption of the Rule, then
30   such Rule shall have no further force and effect in any Member

20250HB0365PN0321                 - 26 -
 1   State or to any State applying to participate in this Compact.
 2      E. Rules shall be adopted at a regular or special meeting of
 3   the Commission.
 4      F. Prior to adoption of a proposed Rule, the Commission shall
 5   hold a public hearing and allow persons to provide oral and
 6   written comments, data, facts, opinions, and arguments.
 7      G. Prior to adoption of a proposed Rule by the Commission,
 8   and at least thirty (30) days in advance of the meeting at which
 9   the Commission will hold a public hearing on the proposed Rule,
10   the Commission shall provide a notice of proposed rulemaking:
11      1. On the website of the Commission or other publicly
12   accessible platform;
13      2. To persons who have requested notice of the Commission's
14   notices of proposed rulemaking; and
15      3. In such other way(s) as the Commission may by Rule
16   specify.
17      H. The notice of proposed rulemaking shall include:
18      1. The time, date, and location of the public hearing at
19   which the Commission will hear public comments on the proposed
20   Rule and, if different, the time, date, and location of the
21   meeting where the Commission will consider and vote on the
22   proposed Rule;
23      2. If the hearing is held via telecommunication, video
24   conference, or other electronic means, the Commission shall
25   include the mechanism for access to the hearing in the notice of
26   proposed rulemaking;
27      3. The text of the proposed Rule and the reason therefor;
28      4. A request for comments on the proposed Rule from any
29   interested person; and
30      5. The manner in which interested persons may submit written

20250HB0365PN0321                 - 27 -
 1   comments.
 2      I. 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      J. 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
 8   Article.
 9      K. The Commission shall, by majority vote of all members,
10   take final action on the proposed Rule based on the rulemaking
11   record and the full text of the Rule.
12      1. The Commission may adopt changes to the proposed Rule
13   provided the changes do not enlarge the original purpose of the
14   proposed Rule.
15      2. The Commission shall provide an explanation of the reasons
16   for substantive changes made to the proposed Rule as well as
17   reasons for substantive changes not made that were recommended
18   by commenters.
19      3. The Commission shall determine a reasonable effective date
20   for the Rule. Except for an emergency as provided in Article
21   11.L, the effective date of the Rule shall be no sooner than
22   forty-five (45) days after the Commission issuing the notice
23   that it adopted or amended the Rule.
24      L. Upon determination that an emergency exists, the
25   Commission may consider and adopt an emergency Rule with five
26   (5) days' notice, with opportunity to comment, provided that the
27   usual rulemaking procedures provided in this Compact and in this
28   Article shall be retroactively applied to the Rule as soon as
29   reasonably possible, in no event later than ninety (90) days
30   after the effective date of the Rule. For the purposes of this

20250HB0365PN0321                 - 28 -
 1   provision, an emergency Rule is one that must be adopted
 2   immediately to:
 3      1. Meet an imminent threat to public health, safety, or
 4   welfare;
 5      2. Prevent a loss of Commission or Member State funds;
 6      3. Meet a deadline for the promulgation of a Rule that is
 7   established by federal law or rule; or
 8      4. Protect public health and safety.
 9      M. The Commission or an authorized committee of the
10   Commission may direct revisions to a previously adopted Rule for
11   purposes of correcting typographical errors, errors in format,
12   errors in consistency, or grammatical errors. Public notice of
13   any revisions shall be posted on the website of the Commission.
14   The revision shall be subject to challenge by any person for a
15   period of thirty (30) days after posting. The revision may be
16   challenged only on grounds that the revision results in a
17   material change to a Rule. A challenge shall be made in writing
18   and delivered to the Commission prior to the end of the notice
19   period. If no challenge is made, the revision will take effect
20   without further action. If the revision is challenged, the
21   revision may not take effect without the approval of the
22   Commission.
23      N. No Member State's rulemaking requirements shall apply
24   under this Compact.
25   SECTION 12. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
26      A. Oversight
27      1. The executive and judicial branches of State government in
28   each Member State shall enforce this Compact and take all
29   actions necessary and appropriate to implement this Compact.
30      2. Venue is proper and judicial proceedings by or against the

20250HB0365PN0321                 - 29 -
 1   Commission shall be brought solely and exclusively in a court of
 2   competent jurisdiction where the principal office of the
 3   Commission is located. The Commission may waive venue and
 4   jurisdictional defenses to the extent it adopts or consents to
 5   participate in alternative dispute resolution proceedings.
 6   Nothing herein shall affect or limit the selection or propriety
 7   of venue in any action against a Licensee for professional
 8   malpractice, misconduct or any such similar matter.
 9      3. The Commission shall be entitled to receive service of
10   process in any proceeding regarding the enforcement or
11   interpretation of this Compact and shall have standing to
12   intervene in such a proceeding for all purposes. Failure to
13   provide the Commission service of process shall render a
14   judgment or order void as to the Commission, this Compact, or
15   promulgated Rules.
16      B. Default, Technical Assistance, and Termination
17      1. If the Commission determines that a Member State has
18   defaulted in the performance of its obligations or
19   responsibilities under this Compact or the promulgated Rules,
20   the Commission shall provide written notice to the defaulting
21   State. The notice of default shall describe the default, the
22   proposed means of curing the default, and any other action that
23   the Commission may take, and shall offer training and specific
24   technical assistance regarding the default.
25      2. The Commission shall provide a copy of the notice of
26   default to the other Member States.
27      3. If a State in default fails to cure the default, the
28   defaulting State may be terminated from this Compact upon an
29   affirmative vote of a majority of the delegates of the Member
30   States, and all rights, privileges and benefits conferred on

20250HB0365PN0321                 - 30 -
 1   that State by this Compact may be terminated on the effective
 2   date of termination. A cure of the default does not relieve the
 3   offending State of obligations or liabilities incurred during
 4   the period of default.
 5      4. Termination of membership in this Compact shall be imposed
 6   only after all other means of securing compliance have been
 7   exhausted. Notice of intent to suspend or terminate shall be
 8   given by the Commission to the governor, the majority and
 9   minority leaders of the defaulting State's legislature, the
10   defaulting State's State Licensing Authority and each of the
11   Member States' State Licensing Authority.
12      5. A State that has been terminated is responsible for all
13   assessments, obligations, and liabilities incurred through the
14   effective date of termination, including obligations that extend
15   beyond the effective date of termination.
16      6. Upon the termination of a State's membership from this
17   Compact, that State shall immediately provide notice to all
18   Licensees who hold a Multistate License within that State of
19   such termination. The terminated State shall continue to
20   recognize all licenses granted pursuant to this Compact for a
21   minimum of one hundred eighty (180) days after the date of said
22   notice of termination.
23      7. The Commission shall not bear any costs related to a State
24   that is found to be in default or that has been terminated from
25   this Compact, unless agreed upon in writing between the
26   Commission and the defaulting State.
27      8. The defaulting State may appeal the action of the
28   Commission by petitioning the United States District Court for
29   the District of Columbia or the federal district where the
30   Commission has its principal offices. The prevailing party shall

20250HB0365PN0321                 - 31 -
 1   be awarded all costs of such litigation, including reasonable
 2   attorney's fees.
 3      C. Dispute Resolution
 4      1. Upon request by a Member State, the Commission shall
 5   attempt to resolve disputes related to this Compact that arise
 6   among Member States and between Member and non-Member States.
 7      2. The Commission shall promulgate a Rule providing for both
 8   mediation and binding dispute resolution for disputes as
 9   appropriate.
10      D. Enforcement
11      1. The Commission, in the reasonable exercise of its
12   discretion, shall enforce the provisions of this Compact and the
13   Commission's Rules.
14      2. By majority vote as provided by Commission Rule, the
15   Commission may initiate legal action against a Member State in
16   default in the United States District Court for the District of
17   Columbia or the federal district where the Commission has its
18   principal offices to enforce compliance with the provisions of
19   this Compact and its promulgated Rules. The relief sought may
20   include both injunctive relief and damages. In the event
21   judicial enforcement is necessary, the prevailing party shall be
22   awarded all costs of such litigation, including reasonable
23   attorney's fees. The remedies herein shall not be the exclusive
24   remedies of the Commission. The Commission may pursue any other
25   remedies available under federal or the defaulting Member
26   State's law.
27      3. A Member State may initiate legal action against the
28   Commission in the United States District Court for the District
29   of Columbia or the federal district where the Commission has its
30   principal offices to enforce compliance with the provisions of

20250HB0365PN0321                 - 32 -
 1   this Compact and its promulgated Rules. The relief sought may
 2   include both injunctive relief and damages. In the event
 3   judicial enforcement is necessary, the prevailing party shall be
 4   awarded all costs of such litigation, including reasonable
 5   attorney's fees.
 6      4. No individual or entity other than a Member State may
 7   enforce this Compact against the Commission.
 8   SECTION 13. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT
 9      A. This Compact shall come into effect on the date on which
10   this Compact statute is enacted into law in the seventh Member
11   State.
12      1. On or after the effective date of this Compact, the
13   Commission shall convene and review the enactment of each of the
14   Charter Member States to determine if the statute enacted by
15   each such Charter Member State is materially different than the
16   model Compact statute.
17      a. A Charter Member State whose enactment is found to be
18   materially different from the model Compact statute shall be
19   entitled to the default process set forth in Article 12.
20      b. If any Member State is later found to be in default, or is
21   terminated or withdraws from this Compact, the Commission shall
22   remain in existence and this Compact shall remain in effect even
23   if the number of Member States should be less than seven (7).
24      2. Member States enacting this Compact subsequent to the
25   Charter Member States shall be subject to the process set forth
26   in Article 9.C.24 to determine if their enactments are
27   materially different from the model Compact statute and whether
28   they qualify for participation in this Compact.
29      3. All actions taken for the benefit of the Commission or in
30   furtherance of the purposes of the administration of this

20250HB0365PN0321                 - 33 -
 1   Compact prior to the effective date of this Compact or the
 2   Commission coming into existence shall be considered to be
 3   actions of the Commission unless specifically repudiated by the
 4   Commission.
 5      4. Any State that joins this Compact shall be subject to the
 6   Commission's Rules and bylaws as they exist on the date on which
 7   this Compact becomes law in that State. Any Rule that has been
 8   previously adopted by the Commission shall have the full force
 9   and effect of law on the day this Compact becomes law in that
10   State.
11      B. A

…  [truncated — open the source document for the complete text]