                                 CODE OF VIRGINIA

COSMETOLOGY COMPACT (§ 54.1-700.1)

The General Assembly hereby enacts, and the Commonwealth of Virginia hereby
enters into, the Cosmetology Compact with any and all states legally joining
therein according to its terms, in the form substantially as follows:
		Cosmetology compact
		Article I. Purpose.
		The purpose of this Compact is to facilitate the interstate practice and
regulation of cosmetology with the goal of improving public access to, and the
safety of, cosmetology services and reducing unnecessary burdens related to
cosmetology licensure. Through this Compact, the member states seek to establish
a regulatory framework that provides for a new multistate licensing program.
Through this new licensing program, the member states seek to provide increased
value and mobility to licensed cosmetologists in the member states, while
ensuring the provision of safe, effective, and reliable services to the public.
		This Compact is designed to achieve the following objectives, and the member
states hereby ratify the same intentions by subscribing hereto:

1. Provide opportunities for interstate practice by cosmetologists who meet
uniform requirements for multistate licensure;

2. Enhance the abilities of member states to protect public health and safety
and prevent fraud and unlicensed activity within the profession;

3. Ensure and encourage cooperation between member states in the licensure and
regulation of the practice of cosmetology;

4. Support relocating military members and their spouses;

5. Facilitate the exchange of information between member states related to the
licensure, investigation, and discipline of the practice of cosmetology; and

6. 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.
			Article II. Definitions.
			As used in this Compact, and except as otherwise provided, the following
definitions shall govern the terms herein:
			&#8220;Active military member&#8221; means any individual in full-time duty
status in the armed forces of the United States, including members of the
National Guard and Reserve.
			&#8220;Adverse action&#8221; means any administrative, civil, equitable, or
criminal action permitted by a member state&#8217;s laws that is imposed by a
state licensing authority or other regulatory body against a cosmetologist,
including actions against an individual&#8217;s license or authorization to
practice, such as revocation, suspension, probation, monitoring of the licensee,
limitation of the licensee&#8217;s practice, or any other encumbrance on a
license affecting an individual&#8217;s ability to participate in the
cosmetology industry, including the issuance of a cease and desist order.
			&#8220;Alternative program&#8221; means a non-disciplinary monitoring or
prosecutorial diversion program approved by a member state&#8217;s licensing
authority.
			&#8220;Authorization to practice&#8221; 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
licensing authority in that remote state.
			&#8220;Background check&#8221; means the submission of information for an
applicant for the purpose of obtaining that applicant&#8217;s criminal history
record information, as further defined in 28 C.F.R. &#xA7; 20.3(d), from the
Federal Bureau of Investigation and the agency responsible for retaining state
criminal or disciplinary history in the applicant&#8217;s home state.
			&#8220;Charter member state&#8221; means any member state that has enacted
legislation to adopt this Compact where such legislation predates the effective
date of this Compact as defined in Article XIII.
			&#8220;Commission&#8221; 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 Article IX, and which
shall operate as an instrumentality of the member states.
			&#8220;Cosmetologist&#8221; means an individual licensed in such
individual&#8217;s home state to practice cosmetology.
			&#8220;Cosmetology,&#8221; &#8220;cosmetology services,&#8221; or
&#8220;practice of cosmetology&#8221; means the care and services provided by a
cosmetologist as set forth in the member state&#8217;s statutes and regulations
in the state where the services are being provided.
			&#8220;Current significant investigative information&#8221; means:

1. Investigative Information that a state licensing authority, after an inquiry
or investigation that complies with a member state&#8217;s due process
requirements, has reason to believe is not groundless and, if proved true, would
indicate a violation of that state&#8217;s laws regarding fraud or the practice
of cosmetology; or

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.
			&#8220;Data system&#8221; means a repository of information about licensees,
including license status, investigative information, and adverse actions.
			&#8220;Disqualifying event&#8221; means any event that shall disqualify an
individual from holding a multistate license under this Compact, which the
Commission may by rule or order specify.
			&#8220;Encumbered license&#8221; means a license in which an adverse action
restricts the practice of cosmetology by a licensee or where such adverse action
has been reported to the Commission.
			&#8220;Encumbrance&#8221; means a revocation or suspension of, or any
limitation on, the full and unrestricted practice of cosmetology by a state
licensing authority.
			&#8220;Executive Committee&#8221; means a group of delegates elected or
appointed to act on behalf of, and within the powers granted to them by, the
Commission.
			&#8220;Home state&#8221; means the member state that is a licensee&#8217;s
primary state of residence and where that licensee holds an active and
unencumbered license to practice cosmetology.
			&#8220;Investigative information&#8221; means information, records, or
documents received or generated by a state licensing authority pursuant to an
investigation or other inquiry.
			&#8220;Jurisprudence requirement&#8221; means the assessment of an
individual&#8217;s knowledge of the laws and rules governing the practice of
cosmetology in a state.
			&#8220;Licensee&#8221; means an individual who currently holds a license from
a member state to practice as a cosmetologist.
			&#8220;Member state&#8221; means any state that has adopted this Compact.
			&#8220;Multistate license&#8221; means a license issued by and subject to the
enforcement jurisdiction of the state licensing authority in a licensee&#8217;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.
			&#8220;Remote state&#8221; means any member state other than the
licensee&#8217;s home state.
			&#8220;Rule&#8221; means any rule or regulation promulgated by the Commission
under this Compact that has the force of law.
			&#8220;Single-state license&#8221; means a cosmetology license issued by a
member state that authorizes the practice of cosmetology only within the issuing
state and does not include any authorization outside of the issuing State.
			&#8220;State&#8221; means a state, territory, or possession of the United
States and the District of Columbia.
			&#8220;State licensing authority&#8221; means a member state&#8217;s
regulatory body responsible for issuing cosmetology licenses or otherwise
overseeing the practice of cosmetology in that state.
			Article III. Member State Requirements.

   A. To be eligible to join this Compact, and to maintain eligibility as a
   member state, a state must:

1. License and regulate cosmetology;

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

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;

4. Require that licensees satisfy educational or training requirements prior to
being licensed to provide cosmetology services to the public in that state;

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&#8217;s
background check as defined herein;

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

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

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&#8217;s possession regarding a licensee practicing in that state;

9. Comply with such rules as may be enacted by the Commission to administer the
Compact; and

10. Accept licensees from other member states as established herein.

   B. Member states may charge a fee for granting a license to practice
   cosmetology.

   C. Individuals not residing in a member state shall continue to be able to
   apply for a member state&#8217;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.

   D. Nothing in this Compact shall affect the requirements established by a
   member state for the issuance of a single-state license.

   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.

   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.
   				Article IV. Multistate License.

   A. To be eligible to apply to his home state&#8217;s 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 his
   home state.

   B. Upon the receipt of an application for a multistate license, according to
   the rules of the Commission, a member state&#8217;s licensing authority shall
   ascertain whether the applicant meets the requirements for a multistate
   license under this Compact.

   C. If an applicant meets the requirements for a multistate license under this
   Compact and any applicable rules of the Commission, the 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 such
   multistate license.

   D. A multistate license to practice cosmetology issued by a member
   state&#8217;s 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.

   E. A multistate license granted pursuant to this Compact may be effective for
   a definite period of time, concurrent with renewal of the home state license.

   F. To maintain a multistate license under this Compact, a licensee must:

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

2. Pay all required fees related to the application and process and any other
fees that the Commission may by rule require; and

3. Comply with any and all other requirements regarding multistate licenses that
the Commission may by rule provide.

   G. A licensee practicing in a member state is subject to all scope of practice
   laws governing cosmetology services in that state.

   H. The practice of cosmetology under a multistate license granted pursuant to
   this Compact will subject the licensee to the jurisdiction of the licensing
   authority, the courts, and the laws of the Member state in which the
   cosmetology services are provided.
   				Article V. Reissuance of a Multistate License by a New Home State.

   A. A licensee may hold a multistate license, issued by the licensee&#8217;s
   home state, in only one member state at any given time.

   B. If a licensee changes the licensee&#8217;s home state by moving between two
   member states:

1. The licensee shall immediately apply for the reissuance of his multistate
license in his new home state. The licensee shall pay all applicable fees and
notify the prior home state in accordance with the rules of the Commission.

2. Upon receipt of an application to reissue a multistate license, the new home
state shall verify that the multistate licensee 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.

3. If required for initial licensure, the new home state may require a
background check as specified in the laws of that state, or compliance with any
jurisprudence requirements of the new home state.

4. Notwithstanding any other provision of this Compact, if a licensee does not
meet the criteria 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.

   C. If a licensee changes the licensee&#8217;s primary state of residence by
   moving from a member state to a non-member state, or from a non-member 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.

   D. Nothing in this Compact shall interfere with a licensee&#8217;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.

   E. Nothing in this Compact shall interfere with the requirements established
   by a member state for the issuance of a single-state license.
   				Article VI. 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.

   B. Insofar as practical, a member state&#8217;s 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.

   C. Discipline shall be the sole responsibility of the state in which
   cosmetology services are provided. Accordingly, each member state&#8217;s
   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.
   				Article VII. Adverse Actions.

   A. A licensee&#8217;s home state shall have exclusive power to impose an
   adverse action against licensee&#8217;s multistate license issued by the home
   state.

   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.

   C. In addition to the powers conferred by state law, each remote state&#8217;s
   licensing authority shall have the power to:

1. Take adverse action against a licensee&#8217;s authorization to practice
cosmetology through the multistate license in that member state, provided that:
			a. Only the licensee&#8217;s home state shall have the power to take adverse
action against the multistate license issued by the home state; and
			b. For the purposes of taking adverse action, the home state&#8217;s
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.

2. Issue cease and desist orders or impose an encumbrance on a licensee&#8217;s
authorization to practice within that member state.

3. Complete any pending investigations of a licensee who changes the
licensee&#8217;s primary state of residence during the course of such an
investigation. The licensing authority shall also be empowered to report the
results of such an investigation to the Commission through the data system as
described herein.

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.

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.

6. Take adverse action against the licensee&#8217;s authorization to practice in
that state based on the factual findings of another remote state.

   D. A licensee&#8217;s home state shall complete any pending investigation(s)
   of a cosmetologist who changes his 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.

   E. If an adverse action is taken by the home state against a licensee&#8217;s
   multistate license, the licensee&#8217;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&#8217;s multistate license shall
   include a statement that the cosmetologist&#8217;s authorization to practice
   is deactivated in all member states during the pendency of the order.

   F. Nothing in this Compact shall override a member state&#8217;s authority to
   accept a licensee&#8217;s participation in an alternative program in lieu of
   adverse action. A licensee&#8217;s multistate license shall be suspended for
   the duration of the licensee&#8217;s participation in any alternative program.

   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.

2. Member states shall share any investigative, litigation, or compliance
materials in furtherance of any joint or individual investigation initiated
under the Compact.
			Article VIII. Active Military and Their Spouses.
			Active military members, or the spouses thereof, shall designate a home state
where the individual has a current license to practice cosmetology in good
standing. The individual may retain the home state designation during any period
of service when that individual is on active duty assignment.
			Article IX. 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 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 Article XIII.

   B. Membership, voting, and meetings.

1. Each member state shall have and be limited to one delegate selected by that
member state&#8217;s licensing authority.

2. The delegate shall be an administrator of the licensing authority of the
member state or such administrator&#8217;s designee.

3. The Commission shall by rule or bylaw establish a term of office for
delegates and may by rule or bylaw establish term limits.

4. The Commission may recommend removal or suspension of any delegate from
office.

5. A member state&#8217;s licensing authority shall fill any vacancy of its
delegate occurring on the Commission within 60 days of the occurrence of such
vacancy.

6. Each delegate shall be entitled to one vote on all matters that are voted on
by the Commission.

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.

   C. The Commission shall have the following powers:

1. Establish the fiscal year of the Commission;

2. Establish code of conduct and conflict of interest policies;

3. Adopt rules and bylaws;

4. Maintain its financial records in accordance with the bylaws;

5. Meet and take such actions as are consistent with the provisions of this
Compact, the Commission&#8217;s rules, and the bylaws;

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;

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&#8217;s behalf;

8. Purchase and maintain insurance and bonds;

9. Borrow, accept, or contract for services of personnel, including employees of
a member state;

10. Conduct an annual financial review;

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&#8217;s personnel policies and programs
relating to conflicts of interest, qualifications of personnel, and other
related personnel matters;

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;

13. Assess and collect fees;

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;

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

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

17. Establish a budget and make expenditures;

18. Borrow money;

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;

20. Provide and receive information from, and cooperate with, law-enforcement
agencies;

21. Elect a chair, vice-chair, secretary, and treasurer and such other officers
of the Commission as provided in the Commission&#8217;s bylaws;

22. Establish and elect an Executive Committee, including a chair and
vice-chair;

23. Adopt and provide to the member states an annual report;

24. Determine whether a state&#8217;s adopted language is materially different
from the model Compact language such that the state would not qualify for
participation in the Compact; and

25. Perform such other functions as may be necessary or appropriate to achieve
the purposes of this Compact.

   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:
			a. Overseeing the day-to-day activities of the administration of the Compact,
including compliance with the provisions of the Compact, the Commission&#8217;s
rules and bylaws, and other such duties as deemed necessary;
			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;
			c. Ensuring that Compact administration services are appropriately provided,
including by contract;
			d. Preparing and recommending the budget;
			e. Maintaining financial records on behalf of the Commission;
			f. Monitoring Compact compliance of member states and providing compliance
reports to the Commission;
			g. Establishing additional committees as necessary;
			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
			i. Other duties as provided in the rules or bylaws of the Commission.

2. The Executive Committee shall be composed of up to seven voting members:
			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;
			b. Other than the chair, vice-chair, secretary, and treasurer, the Commission
shall elect three voting members from the current membership of the Commission;
and
			c. The Commission may elect ex officio, nonvoting members from a recognized
national cosmetology professional association as approved by the Commission. The
Commission&#8217;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 article.

3. The Commission may remove any member of the Executive Committee as provided
in the Commission&#8217;s bylaws.

4. The Executive Committee shall meet at least annually.
			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
meeting when dealing with any of the matters covered under subsection F.
			b. The Executive Committee shall give five business days&#8217; 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.

5. The Executive Committee may hold an emergency meeting when acting for the
Commission to:
			a. Meet an imminent threat to public health, safety, or welfare;
			b. Prevent a loss of Commission or member state funds; or
			c. Protect public health and safety.

   E. The Commission shall adopt and provide to the member states an annual
   report.

   F. Meetings of the Commission.

1. All meetings of the Commission that are not closed pursuant to subdivision F
4 shall be open to the public. Notice of public meetings shall be posted on the
Commission&#8217;s website at least 30 days prior to the public meeting.

2. Notwithstanding subdivision F 1, the Commission may convene an emergency
public meeting by providing at least 24 hours&#8217; prior notice on the
Commission&#8217;s website, and any other means a provided in the
Commission&#8217;s rules, for any of the reasons it may dispense with notice of
proposed rulemaking under subsection L of Article XI. The Commission&#8217;s
legal counsel shall certify that one of the reasons justifying an emergency
public meeting has been met.

3. Notice of all Commission meetings shall provide the time, date, and location
of the meeting, and if the meeting is to be held or accessible via
telecommunication, video conference, or other electronic means, the notice shall
include the mechanism for access to the meeting.

4. The Commission may convene in a closed, nonpublic meeting for the Commission
to discuss:
			a. Noncompliance of a member state with its obligations under the Compact;
			b. The employment, compensation, or discipline of, or other matters,
practices, or procedures related to, specific employees or other matters related
to the Commission&#8217;s internal personnel practices and procedures;
			c. Current or threatened discipline of a licensee by the Commission or by a
member state&#8217;s licensing authority;
			d. Current, threatened, or reasonably anticipated litigation;
			e. Negotiation of contracts for the purchase, lease, or sale of goods,
services, or real estate;
			f. Accusing any person of a crime or formally censuring any person;
			g. Trade secrets or commercial or financial information that is privileged or
confidential;
			h. Information of a personal nature where disclosure would constitute a
clearly unwarranted invasion of personal privacy;
			i. Investigative records compiled for law-enforcement purposes;
			j. Information related to any investigative reports prepared by or on behalf
of or for use of the Commission or other committee charged with responsibility
of investigation or determination of compliance issues pursuant to the Compact;
			k. Legal advice;
			l. Matters specifically exempted from disclosure by federal or member state
law; or
			m. Other matters as promulgated by the Commission by rule.

5. If a meeting, or portion of a meeting, is closed, the presiding officer shall
state that the meeting will be closed and reference each relevant exempting
provision, and such reference shall be recorded in the minutes.

6. The Commission shall keep minutes that fully and clearly describe all matters
discussed in a meeting and shall provide a full and accurate summary of actions
taken, and the reasons therefor, including a description of the views expressed.
All documents considered in connection with an action shall be identified in
such minutes. All minutes and documents of a closed meeting shall remain under
seal, subject to release only by a majority vote of the Commission or order of a
court of competent jurisdiction.

   G. Financing of the Commission.

1. The Commission shall pay, or provide for the payment of, the reasonable
expenses of its establishment, organization, and ongoing activities.

2. The Commission may accept any and all appropriate revenue, donations, and
grants of money, equipment, supplies, materials, and services.

3. The Commission may levy on and collect an annual assessment from each member
state and impose fees on licensees of member states to whom it grants a
multistate license to cover the cost of the operations and activities of the
Commission and its staff, which must be in a total amount sufficient to cover
its annual budget as approved each year for which revenue is not provided by
other sources. The aggregate annual assessment amount for member states shall be
allocated based upon a formula that the Commission shall promulgate by rule.

4. The Commission shall not incur obligations of any kind prior to securing the
funds adequate to meet the same, nor shall the Commission pledge the credit of
any of the member states, except by and with the authority of the member state.

5. The Commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the Commission shall be subject
to the financial review and accounting procedures established under its bylaws.
However, all receipts and disbursements of funds handled by the Commission shall
be subject to an annual financial review by a certified or licensed public
accountant, and the report of the financial review shall be included in and
become part of the annual report of the Commission.

   H. Qualified immunity, defense, and indemnification.

1. The members, officers, executive director, employees, and representatives of
the Commission shall be immune from suit and liability, both personally and in
their official capacity, for any claim for damage to or loss of property or
personal injury or other civil liability caused by or arising out of any actual
or alleged act, error, or omission that occurred, or that the person against
whom the claim is made had a reasonable basis for believing occurred within the
scope of Commission employment, duties, or responsibilities, provided that
nothing in this paragraph shall be construed to protect any such person from
suit or liability for any damage, loss, injury, or liability caused by the
intentional or willful or wanton misconduct of that person. The procurement of
insurance of any type by the Commission shall not in any way compromise or limit
the immunity granted hereunder.

2. The Commission shall defend any member, officer, executive director,
employee, and representative of the Commission in any civil action seeking to
impose liability arising out of any actual or alleged act, error, or omission
that occurred within the scope of Commission employment, duties, or
responsibilities, or as determined by the Commission that the person against
whom the claim is made had a reasonable basis for believing occurred within the
scope of Commission employment, duties, or responsibilities, provided that
nothing herein shall be construed to prohibit that person from retaining their
own counsel at their own expense and provided further that the actual or alleged
act, error, or omission did not result from that person&#8217;s intentional or
willful or wanton misconduct.

3. The Commission shall indemnify and hold harmless any member, officer,
executive director, employee, and representative of the Commission for the
amount of any settlement or judgment obtained against that person arising out of
any actual or alleged act, error, or omission that occurred within the scope of
Commission employment, duties, or responsibilities, or that such person had a
reasonable basis for believing occurred within the scope of Commission
employment, duties, or responsibilities, provided that the actual or alleged
act, error, or omission did not result from the intentional or willful or wanton
misconduct of that person.

4. Nothing herein shall be construed as a limitation on the liability of any
licensee for professional malpractice or misconduct, which shall be governed
solely by any other applicable state laws.

5. Nothing in this Compact shall be interpreted to waive or otherwise abrogate a
member state&#8217;s state action immunity or state action affirmative defense
with respect to antitrust claims under the federal Sherman Act (15 U.S.C. &#xA7;
1 et seq.), the federal Clayton Act (15 U.S.C. &#xA7; 12 et seq.), or any other
state or federal antitrust or anticompetitive law or regulation.

6. Nothing in this Compact shall be construed to be a waiver of sovereign
immunity by the member states or by the Commission.
			Article X. Data System.

   A. The Commission shall provide for the development, maintenance, operation,
   and utilization of a coordinated database and reporting.

   B. The Commission shall assign each applicant for a multistate license a
   unique identifier, as determined by the rules of the Commission.

   C. Notwithstanding any other provision of state law to the contrary, a member
   state shall submit a uniform data set to the data system on all individuals to
   whom this Compact is applicable as required by the rules of the Commission,
   including:

1. Identifying information;

2. Licensure data;

3. Adverse actions against a license and information related thereto;

4. Non-confidential information related to alternative program participation,
the beginning and ending dates of such participation, and other information
related to such participation;

5. Any denial of application for licensure and the reason(s) for such denial
(excluding the reporting of any criminal history record information where
prohibited by law);

6. The existence of investigative information;

7. The existence of current significant investigative information; and

8. Other information that may facilitate the administration of this Compact or
the protection of the public, as determined by the rules of the Commission.

   D. The records and information provided to a member state pursuant to this
   Compact or through the data system, when certified by the Commission or an
   agent thereof, shall constitute the authenticated business records of the
   Commission and shall be entitled to any associated hearsay exception in any
   relevant judicial, quasi-judicial or administrative proceedings in a member
   state.

   E. The existence of current significant investigative information and the
   existence of investigative information pertaining to a licensee in any member
   state will only be available to other member states.

   F. It is the responsibility of the member states to monitor the database to
   determine whether adverse action has been taken against a licensee or licensee
   applicant. Adverse action information pertaining to a licensee or license
   applicant in any member state will be available to any other member state.

   G. Member states contributing information to the data system may designate
   information that may not be shared with the public without the express
   permission of the contributing state.

   H. Any information submitted to the data system that is subsequently expunged
   pursuant to federal law or the laws of the member state contributing the
   information shall be removed from the data system.
   				Article XI. Rulemaking.

   A. The Commission shall promulgate reasonable rules in order to effectively
   and efficiently implement and administer the purposes and provisions of the
   Compact. A rule shall be invalid and have no force or effect only if a court
   of competent jurisdiction holds that the rule is invalid because the
   Commission exercised its rulemaking authority in a manner that is beyond the
   scope and purposes of the Compact, or the powers granted hereunder, or based
   upon another applicable standard of review.

   B. The rules of the Commission shall have the force of law in each member
   state, provided, however, that where the rules of the Commission conflict with
   the laws of the member state that establish the member state&#8217;s scope of
   practice laws governing the practice of cosmetology as held by a court of
   competent jurisdiction, the rules of the Commission shall be ineffective in
   that state to the extent of the conflict.

   C. The Commission shall exercise its rulemaking powers pursuant to the
   criteria set forth in this article and the rules adopted thereunder. Rules
   shall become binding as of the date specified in each rule.

   D. If a majority of the legislatures of the member states rejects a rule or
   portion of a rule, by enactment of a statute or resolution in the same manner
   used to adopt the Compact within four years of the date of adoption of the
   rule, then such Rule shall have no further force and effect in any member
   state or to any state applying to participate in the Compact.

   E. Rules shall be adopted at a regular or special meeting of the Commission.

   F. Prior to adoption of a proposed rule, the Commission shall hold a public
   hearing and allow persons to provide oral and written comments, data, facts,
   opinions, and arguments.

   G. Prior to adoption of a proposed rule by the Commission, and at least 30
   days in advance of the meeting at which the Commission will hold a public
   hearing on the proposed rule, the Commission shall provide a notice of
   proposed rulemaking:

1. On the website of the Commission or other publicly accessible platform;

2. To persons who have requested notice of the Commission&#8217;s notices of
proposed rulemaking; and

3. In such other way(s) as the Commission may by rule specify.

   H. The notice of proposed rulemaking shall include:

1. The time, date, and location of the public hearing at which the Commission
will hear public comments on the proposed rule and, if different, the time,
date, and location of the meeting where the Commission will consider and vote on
the proposed rule;

2. If the hearing is held via telecommunication, video conference, or other
electronic means, the mechanism for access to the hearing;

3. The text of the proposed rule and the reason therefor;

4. A request for comments on the proposed rule from any interested person; and

5. The manner in which interested persons may submit written comments.

   I. All hearings will be recorded. A copy of the recording and all written
   comments and documents received by the Commission in response to the proposed
   rule shall be available to the public.

   J. Nothing in this article shall be construed as requiring a separate hearing
   on each rule. Rules may be grouped for the convenience of the Commission at
   hearings required by this article.

   K. The Commission shall, by majority vote of all members, take final action on
   the proposed rule based on the rulemaking record and the full text of the
   rule.

1. The Commission may adopt changes to the proposed rule, provided the changes
do not enlarge the original purpose of the proposed rule.

2. The Commission shall provide an explanation of the reasons for substantive
changes made to the proposed rule as well as reasons for substantive changes not
made that were recommended by commenters.

3. The Commission shall determine a reasonable effective date for the rule.
Except for an emergency as provided in subsection L, the effective date of the
rule shall be no sooner than 45 days after the Commission issues the notice that
it adopted or amended the rule.

   L. Upon determination that an emergency exists, the Commission may consider
   and adopt an emergency rule with five days&#8217; notice, with opportunity to
   comment, provided that the usual rulemaking procedures provided in the Compact
   and in this article shall be retroactively applied to the rule as soon as
   reasonably possible, in no event later than 90 days after the effective date
   of the rule. For the purposes of this provision, an emergency rule is one that
   must be adopted immediately in order to:

1. Meet an imminent threat to public health, safety, or welfare;

2. Prevent a loss of Commission or member state funds;

3. Meet a deadline for the promulgation of a rule that is established by federal
law or rule; or

4. Protect public health and safety.

   M. The Commission or an authorized committee of the Commission may direct
   revisions to a previously adopted rule for purposes of correcting
   typographical errors, errors in format, errors in consistency, or grammatical
   errors. Public notice of any revisions shall be posted on the website of the
   Commission. The revision shall be subject to challenge by any person for a
   period of 30 days after posting. The revision may be challenged only on
   grounds that the revision results in a material change to a rule. A challenge
   shall be made in writing and delivered to the Commission prior to the end of
   the notice period. If no challenge is made, the revision will take effect
   without further action. If the revision is challenged, the revision may not
   take effect without the approval of the Commission.

   N. No member state&#8217;s rulemaking requirements shall apply under this
   Compact.
   				Article XII. Oversight, Dispute Resolution, and Enforcement.

   A. Oversight.

1. The executive and judicial branches of state government in each member state
shall enforce this Compact and take all actions necessary and appropriate to
implement the Compact.

2. Venue is proper and judicial proceedings by or against the Commission shall
be brought solely and exclusively in a court of competent jurisdiction where the
principal office of the Commission is located. The Commission may waive venue
and jurisdictional defenses to the extent it adopts or consents to participate
in alternative dispute resolution proceedings. Nothing herein shall affect or
limit the selection or propriety of venue in any action against a licensee for
professional malpractice, misconduct, or any such similar matter.

3. The Commission shall be entitled to receive service of process in any
proceeding regarding the enforcement or interpretation of the Compact and shall
have standing to intervene in such a proceeding for all purposes. Failure to
provide the Commission service of process shall render a judgment or order void
as to the Commission, this Compact, or promulgated rules.

   B. Default, technical assistance, and termination.

1. If the Commission determines that a member state has defaulted in the
performance of its obligations or responsibilities under this Compact or the
promulgated rules, the Commission shall provide written notice to the defaulting
state. The notice of default shall describe the default, the proposed means of
curing the default, and any other action that the Commission may take, and shall
offer training and specific technical assistance regarding the default.

2. The Commission shall provide a copy of the notice of default to the other
member states.

   C. If a state in default fails to cure the default, the defaulting state may
   be terminated from the Compact upon an affirmative vote of a majority of the
   delegates of the member states, and all rights, privileges, and benefits
   conferred on that state by this Compact may be terminated on the effective
   date of termination. A cure of the default does not relieve the offending
   state of obligations or liabilities incurred during the period of default.

   D. Termination of membership in the Compact shall be imposed only after all
   other means of securing compliance have been exhausted. Notice of intent to
   suspend or terminate shall be given by the Commission to the governor, the
   majority and minority leaders of the defaulting state&#8217;s legislature, the
   defaulting state&#8217;s licensing authority, and each member state&#8217;s
   licensing authority.

   E. A state that has been terminated is responsible for all assessments,
   obligations, and liabilities incurred through the effective date of
   termination, including obligations that extend beyond the effective date of
   termination.

   F. Upon the termination of a state&#8217;s membership from this Compact, that
   state shall immediately provide notice to all licensees within that state of
   such termination. The terminated state shall continue to recognize all
   licenses granted pursuant to this Compact for a minimum of 180 days after the
   date of said notice of termination.

   G. The Commission shall not bear any costs related to a state that is found to
   be in default or that has been terminated from the Compact, unless agreed upon
   in writing between the Commission and the defaulting state.

   H. The defaulting State may appeal the action of the Commission by petitioning
   the U.S. District Court for the District of Columbia or the federal district
   where the Commission has its principal offices. The prevailing party shall be
   awarded all costs of such litigation, including reasonable attorney fees.

   I. Dispute resolution.

1. Upon request by a member state, the Commission shall attempt to resolve
disputes related to the Compact that arise among member states and between
member and non-member states.

2. The Commission shall promulgate a rule providing for both mediation and
binding dispute resolution for disputes as appropriate.

   J. Enforcement.

1. The Commission, in the reasonable exercise of its discretion, shall enforce
the provisions of this Compact and the Commission&#8217;s rules.

2. By majority vote as provided by Commission rule, the Commission may initiate
legal action against a member state in default in the U.S. District Court for
the District of Columbia or the federal district where the Commission has its
principal offices to enforce compliance with the provisions of the Compact and
its promulgated rules. The relief sought may include both injunctive relief and
damages. In the event that judicial enforcement is necessary, the prevailing
party shall be awarded all costs of such litigation, including reasonable
attorney fees. The remedies herein shall not be the exclusive remedies of the
Commission. The Commission may pursue any other remedies available under federal
or the defaulting member state&#8217;s law.

3. A member state may initiate legal action against the Commission in the U.S.
District Court for the District of Columbia or the federal district where the
Commission has its principal offices to enforce compliance with the provisions
of the Compact and its promulgated rules. The relief sought may include both
injunctive relief and damages. In the event judicial enforcement is necessary,
the prevailing party shall be awarded all costs of such litigation, including
reasonable attorney fees.

4. No individual or entity other than a member state may enforce this Compact
against the Commission.
			Article XIII. Effective Date, Withdrawal, and Amendment.

   A. The Compact shall come into effect on the date on which the Compact statute
   is enacted into law in the seventh member state.

1. On or after the effective date of the Compact, the Commission shall convene
and review the enactment of each of the charter member states to determine if
the statute enacted by each such charter member state is materially different
than the model Compact statute.
			a. A charter member state whose enactment is found to be materially different
from the model Compact statute shall be entitled to the default process set
forth in Article XII.
			b. If any member state is later found to be in default, or is terminated or
withdraws from the Compact, the Commission shall remain in existence and the
Compact shall remain in effect even if the number of member states should be
less than seven.

2. Member states enacting the Compact subsequent to the charter member states
shall be subject to the process set forth in subdivision C 24 of Article IX to
determine if their enactments are materially different from the model Compact
statute and whether they qualify for participation in the Compact.

3. All actions taken for the benefit of the Commission or in furtherance of the
purposes of the administration of the Compact prior to the effective date of the
Compact or the Commission coming into existence shall be considered to be
actions of the Commission unless specifically repudiated by the Commission.

4. Any State that joins the Compact shall be subject to the rules and bylaws as
they exist on the date on which the Compact becomes law in that state. Any rule
that has been previously adopted by the Commission shall have the full force and
effect of law on the day the Compact becomes law in that state.

   B. Any member state may withdraw from this Compact by enacting a statute
   repealing that state&#8217;s enactment of the Compact.

1. A member state&#8217;s withdrawal shall not take effect until 180 days after
enactment of the repealing statute.

2. Withdrawal shall not affect the continuing requirement of the withdrawing
state&#8217;s licensing authority to comply with the investigative and adverse
action reporting requirements of this Compact prior to the effective date of
withdrawal.

3. Upon the enactment of a statute withdrawing from this Compact, a state shall
immediately provide notice of such withdrawal to all licensees within that
state. Notwithstanding any subsequent statutory enactment to the contrary, such
withdrawing state shall continue to recognize all licenses granted pursuant to
this Compact for a minimum of 180 days after the date of such notice of
withdrawal.

   C. Nothing contained in this Compact shall be construed to invalidate or
   prevent any licensure agreement or other cooperative arrangement between a
   member state and a non-member state that does not conflict with the provisions
   of this Compact.

   D. This Compact may be amended by the member states. No amendment to this
   Compact shall become effective and binding upon any member state until it is
   enacted into the laws of all member states.
   				Article XIV. Construction and Severability.

   A. This Compact and the Commission&#8217;s rulemaking authority shall be
   liberally construed so as to effectuate the purposes and the implementation
   and administration of the Compact. Provisions of the Compact expressly
   authorizing or requiring the promulgation of rules shall not be construed to
   limit the Commission&#8217;s rulemaking authority solely for those purposes.

   B. The provisions of this Compact shall be severable, and if any phrase,
   clause, sentence, or provision of this Compact is held by a court of competent
   jurisdiction to be contrary to the constitution of any member state, of a
   state seeking participation in the Compact, or of the United States, or the
   applicability thereof to any government, agency, person, or circumstance is
   held to be unconstitutional by a court of competent jurisdiction, the validity
   of the remainder of this Compact and the applicability thereof to any other
   government, agency, person, or circumstance shall not be affected thereby.

   C. Notwithstanding subsection B, the Commission may deny a state&#8217;s
   participation in the Compact or, in accordance with the requirements of
   Article XII, terminate a member state&#8217;s participation in the Compact, if
   it determines that a constitutional requirement of a member state is a
   material departure from the Compact. Otherwise, if this Compact shall be held
   to be contrary to the constitution of any member state, the Compact shall
   remain in full force and effect as to the remaining member states and in full
   force and effect as to the member state affected as to all severable matters.
   				Article XV. Consistent Effect and Conflict with Other State Laws.

   A. Nothing herein shall prevent or inhibit the enforcement of any other law of
   a member state that is not inconsistent with the Compact.

   B. Any laws, statutes, regulations, or other legal requirements in a member
   state in conflict with the Compact are superseded to the extent of the
   conflict.

   C. All permissible agreements between the Commission and the member states are
   binding in accordance with their terms.

HISTORY: 2024, c. 281.