SB 331 — An Act authorizing the Commonwealth of Pennsylvania to join the Cosmetology Licensure Compact; and providing for the form of the compact.

PRINTER'S NO.   300

                   THE GENERAL ASSEMBLY OF PENNSYLVANIA



                       SENATE BILL
                       No. 331
                                              Session of
                                                2025

     INTRODUCED BY ARGALL, ROTHMAN, CULVER, VOGEL, FONTANA, COSTA AND
        SCHWANK, FEBRUARY 28, 2025

     REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
        FEBRUARY 28, 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
18   practice and regulation of Cosmetology with the goal of
 1   improving public access to, and the safety of, Cosmetology
 2   Services and reducing unnecessary burdens related to Cosmetology
 3   licensure. Through this Compact, the Member States seek to
 4   establish a regulatory framework which provides for a new
 5   multistate licensing program. Through this new licensing
 6   program, the Member States seek to provide increased value and
 7   mobility to licensed Cosmetologists in the Member States, while
 8   ensuring the provision of safe, effective, and reliable services
 9   to the public.
10      This Compact is designed to achieve the following objectives,
11   and the Member States hereby ratify the same intentions by
12   subscribing hereto:
13      A. Provide opportunities for interstate practice by
14   Cosmetologists who meet uniform requirements for multistate
15   licensure;
16      B. Enhance the abilities of Member States to protect public
17   health and safety, and prevent fraud and unlicensed activity
18   within the profession;
19      C. Ensure and encourage cooperation between Member States in
20   the licensure and regulation of the Practice of Cosmetology;
21      D. Support relocating military members and their spouses;
22      E. Facilitate the exchange of information between Member
23   States related to the licensure, investigation, and discipline
24   of the Practice of Cosmetology;
25      F. Provide for the licensure and mobility of the workforce in
26   the profession, while addressing the shortage of workers and
27   lessening the associated burdens on the Member States.
28   SECTION 2. DEFINITIONS
29      As used in this Compact, and except as otherwise provided,
30   the following definitions shall govern the terms herein:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

20250SB0331PN0300                    - 18 -
 1      4. The Executive Committee shall meet at least annually.
 2      a. Annual Executive Committee meetings, as well as any
 3   Executive Committee meeting at which it does not take or intend
 4   to take formal action on a matter for which a Commission vote
 5   would otherwise be required, shall be open to the public, except
 6   that the Executive Committee may meet in a closed, non-public
 7   session of a public meeting when dealing with any of the matters
 8   covered under Article 9.F.4.
 9      b. The Executive Committee shall give five business days
10   advance notice of its public meetings, posted on its website and
11   as determined to provide notice to persons with an interest in
12   the public matters the Executive Committee intends to address at
13   those meetings.
14      5. The Executive Committee may hold an emergency meeting when
15   acting for the Commission to:
16      a. Meet an imminent threat to public health, safety, or
17   welfare;
18      b. Prevent a loss of Commission or Member State funds; or
19      c. Protect public health and safety.
20      E. The Commission shall adopt and provide to the Member
21   States an annual report.
22      F. Meetings of the Commission
23      1. All meetings of the Commission that are not closed
24   pursuant to Article 9.F.4 shall be open to the public. Notice of
25   public meetings shall be posted on the Commission's website at
26   least thirty (30) days prior to the public meeting.
27      2. Notwithstanding Article 9.F.1, the Commission may convene
28   an emergency public meeting by providing at least twenty-four
29   (24) hours prior notice on the Commission's website, and any
30   other means as provided in the Commission's Rules, for any of

20250SB0331PN0300                    - 19 -
 1   the reasons it may dispense with notice of proposed rulemaking
 2   under Article 11.L. The Commission's legal counsel shall certify
 3   that one of the reasons justifying an emergency public meeting
 4   has been met.
 5      3. Notice of all Commission meetings shall provide the time,
 6   date, and location of the meeting, and if the meeting is to be
 7   held or accessible via telecommunication, video conference, or
 8   other electronic means, the notice shall include the mechanism
 9   for access to the meeting.
10      4. The Commission may convene in a closed, non-public meeting
11   for the Commission to discuss:
12      a. Non-compliance of a Member State with its obligations
13   under this Compact;
14      b. The employment, compensation, discipline or other matters,
15   practices or procedures related to specific employees or other
16   matters related to the Commission's internal personnel practices
17   and procedures;
18      c. Current or threatened discipline of a Licensee by the
19   Commission or by a Member State's Licensing Authority;
20      d. Current, threatened, or reasonably anticipated litigation;
21      e. Negotiation of contracts for the purchase, lease, or sale
22   of goods, services, or real estate;
23      f. Accusing any person of a crime or formally censuring any
24   person;
25      g. Trade secrets or commercial or financial information that
26   is privileged or confidential;
27      h. Information of a personal nature where disclosure would
28   constitute a clearly unwarranted invasion of personal privacy;
29      i. Investigative records compiled for law enforcement
30   purposes;

20250SB0331PN0300                 - 20 -
 1      j. Information related to any investigative reports prepared
 2   by or on behalf of or for use of the Commission or other
 3   committee charged with responsibility of investigation or
 4   determination of compliance issues pursuant to this Compact;
 5      k. Legal advice;
 6      l. Matters specifically exempted from disclosure to the
 7   public by federal or Member State law; or
 8      m. Other matters as promulgated by the Commission by Rule.
 9      5. If a meeting, or portion of a meeting, is closed, the
10   presiding officer shall state that the meeting will be closed
11   and reference each relevant exempting provision, and such
12   reference shall be recorded in the minutes.
13      6. The Commission shall keep minutes that fully and clearly
14   describe all matters discussed in a meeting and shall provide a
15   full and accurate summary of actions taken, and the reasons
16   therefore, including a description of the views expressed. All
17   documents considered in connection with an action shall be
18   identified in such minutes. All minutes and documents of a
19   closed meeting shall remain under seal, subject to release only
20   by a majority vote of the Commission or order of a court of
21   competent jurisdiction.
22      G. Financing of the Commission
23      1. The Commission shall pay, or provide for the payment of,
24   the reasonable expenses of its establishment, organization, and
25   ongoing activities.
26      2. The Commission may accept any and all appropriate sources
27   of revenue, donations, and grants of money, equipment, supplies,
28   materials, and services.
29      3. The Commission may levy on and collect an annual
30   assessment from each Member State and impose fees on Licensees

20250SB0331PN0300                 - 21 -
 1   of Member States to whom it grants a Multistate License to cover
 2   the cost of the operations and activities of the Commission and
 3   its staff, which must be in a total amount sufficient to cover
 4   its annual budget as approved each year for which revenue is not
 5   provided by other sources. The aggregate annual assessment
 6   amount for Member States shall be allocated based upon a formula
 7   that the Commission shall promulgate by Rule.
 8      4. The Commission shall not incur obligations of any kind
 9   prior to securing the funds adequate to meet the same; nor shall
10   the Commission pledge the credit of any Member States, except by
11   and with the authority of the Member State.
12      5. The Commission shall keep accurate accounts of all
13   receipts and disbursements. The receipts and disbursements of
14   the Commission shall be subject to the financial review and
15   accounting procedures established under its bylaws. All receipts
16   and disbursements of funds handled by the Commission shall be
17   subject to an annual financial review by a certified or licensed
18   public accountant, and the report of the financial review shall
19   be included in and become part of the annual report of the
20   Commission.
21      H. Qualified Immunity, Defense, and Indemnification
22      1. The members, officers, executive director, employees and
23   representatives of the Commission shall be immune from suit and
24   liability, both personally and in their official capacity, for
25   any claim for damage to or loss of property or personal injury
26   or other civil liability caused by or arising out of any actual
27   or alleged act, error, or omission that occurred, or that the
28   person against whom the claim is made had a reasonable basis for
29   believing occurred within the scope of Commission employment,
30   duties or responsibilities; provided that nothing in this

20250SB0331PN0300                 - 22 -
 1   paragraph shall be construed to protect any such person from
 2   suit or liability for any damage, loss, injury, or liability
 3   caused by the intentional or willful or wanton misconduct of
 4   that person. The procurement of insurance of any type by the
 5   Commission shall not in any way compromise or limit the immunity
 6   granted hereunder.
 7      2. The Commission shall defend any member, officer, executive
 8   director, employee, and representative of the Commission in any
 9   civil action seeking to impose liability arising out of any
10   actual or alleged act, error, or omission that occurred within
11   the scope of Commission employment, duties, or responsibilities,
12   or as determined by the Commission that the person against whom
13   the claim is made had a reasonable basis for believing occurred
14   within the scope of Commission employment, duties, or
15   responsibilities; provided that nothing herein shall be
16   construed to prohibit that person from retaining their own
17   counsel at their own expense; and provided further, that the
18   actual or alleged act, error, or omission did not result from
19   that person's intentional or willful or wanton misconduct.
20      3. The Commission shall indemnify and hold harmless any
21   member, officer, executive director, employee, and
22   representative of the Commission for the amount of any
23   settlement or judgment obtained against that person arising out
24   of any actual or alleged act, error, or omission that occurred
25   within the scope of Commission employment, duties, or
26   responsibilities, or that such person had a reasonable basis for
27   believing occurred within the scope of Commission employment,
28   duties, or responsibilities, provided that the actual or alleged
29   act, error, or omission did not result from the intentional or
30   willful or wanton misconduct of that person.

20250SB0331PN0300                 - 23 -
 1      4. Nothing herein shall be construed as a limitation on the
 2   liability of any Licensee for professional malpractice or
 3   misconduct, which shall be governed solely by any other
 4   applicable State laws.
 5      5. Nothing in this Compact shall be interpreted to waive or
 6   otherwise abrogate a Member State's State action immunity or
 7   State action affirmative defense with respect to antitrust
 8   claims under the Sherman Act, Clayton Act, or any other State or
 9   federal antitrust or anticompetitive law or regulation.
10      6. Nothing in this Compact shall be construed to be a waiver
11   of sovereign immunity by the Member States or by the Commission.
12   SECTION 10. DATA SYSTEM
13      A. The Commission shall provide for the development,
14   maintenance, operation, and utilization of a coordinated
15   database and reporting system.
16      B. The Commission shall assign each applicant for a
17   Multistate License a unique identifier, as determined by the
18   Rules of the Commission.
19      C. Notwithstanding any other provision of State law to the
20   contrary, a Member State shall submit a uniform data set to the
21   Data System on all individuals to whom this Compact is
22   applicable as required by the Rules of the Commission,
23   including:
24      1. Identifying information;
25      2. Licensure data;
26      3. Adverse Actions against a license and information related
27   thereto;
28      4. Non-confidential information related to Alternative
29   Program participation, the beginning and ending dates of such
30   participation, and other information related to such

20250SB0331PN0300                 - 24 -
 1   participation;
 2      5. Any denial of application for licensure, and the reason(s)
 3   for such denial (excluding the reporting of any criminal history
 4   record information where prohibited by law);
 5      6. The existence of Investigative Information;
 6      7. The existence of Current Significant Investigative
 7   Information; and
 8      8. Other information that may facilitate the administration
 9   of this Compact or the protection of the public, as determined
10   by the Rules of the Commission.
11      D. The records and information provided to a Member State
12   pursuant to this Compact or through the Data System, when
13   certified by the Commission or an agent thereof, shall
14   constitute the authenticated business records of the Commission,
15   and shall be entitled to any associated hearsay exception in any
16   relevant judicial, quasi-judicial or administrative proceedings
17   in a Member State.
18      E. The existence of Current Significant Investigative
19   Information and the existence of Investigative Information
20   pertaining to a Licensee in any Member State will only be
21   available to other Member States.
22      F. It is the responsibility of the Member States to monitor
23   the database to determine whether Adverse Action has been taken
24   against such a Licensee or License applicant. Adverse Action
25   information pertaining to a Licensee or License applicant in any
26   Member State will be available to any other Member State.
27      G. Member States contributing information to the Data System
28   may designate information that may not be shared with the public
29   without the express permission of the contributing State.
30      H. Any information submitted to the Data System that is

20250SB0331PN0300                 - 25 -
 1   subsequently expunged pursuant to federal law or the laws of the
 2   Member State contributing the information shall be removed from
 3   the Data System.
 4   SECTION 11. RULEMAKING
 5      A. The Commission shall promulgate reasonable Rules in order
 6   to effectively and efficiently implement and administer the
 7   purposes and provisions of this Compact. A Rule shall be invalid
 8   and have no force or effect only if a court of competent
 9   jurisdiction holds that the Rule is invalid because the
10   Commission exercised its rulemaking authority in a manner that
11   is beyond the scope and purposes of this Compact, or the powers
12   granted hereunder, or based upon another applicable standard of
13   review.
14      B. The Rules of the Commission shall have the force of law in
15   each Member State, provided however that where the Rules of the
16   Commission conflict with the laws of the Member State that
17   establish the Member State's scope of practice laws governing
18   the Practice of Cosmetology as held by a court of competent
19   jurisdiction, the Rules of the Commission shall be ineffective
20   in that State to the extent of the conflict.
21      C. The Commission shall exercise its rulemaking powers
22   pursuant to the criteria set forth in this Article and the Rules
23   adopted thereunder. Rules shall become binding as of the date
24   specified by the Commission for each Rule.
25      D. If a majority of the legislatures of the Member States
26   rejects a Rule or portion of a Rule, by enactment of a statute
27   or resolution in the same manner used to adopt this Compact
28   within four (4) years of the date of adoption of the Rule, then
29   such Rule shall have no further force and effect in any Member
30   State or to any State applying to participate in this Compact.

20250SB0331PN0300                 - 26 -
 1      E. Rules shall be adopted at a regular or special meeting of
 2   the Commission.
 3      F. Prior to adoption of a proposed Rule, the Commission shall
 4   hold a public hearing and allow persons to provide oral and
 5   written comments, data, facts, opinions, and arguments.
 6      G. Prior to adoption of a proposed Rule by the Commission,
 7   and at least thirty (30) days in advance of the meeting at which
 8   the Commission will hold a public hearing on the proposed Rule,
 9   the Commission shall provide a notice of proposed rulemaking:
10      1. On the website of the Commission or other publicly
11   accessible platform;
12      2. To persons who have requested notice of the Commission's
13   notices of proposed rulemaking; and
14      3. In such other way(s) as the Commission may by Rule
15   specify.
16      H. The notice of proposed rulemaking shall include:
17      1. The time, date, and location of the public hearing at
18   which the Commission will hear public comments on the proposed
19   Rule and, if different, the time, date, and location of the
20   meeting where the Commission will consider and vote on the
21   proposed Rule;
22      2. If the hearing is held via telecommunication, video
23   conference, or other electronic means, the Commission shall
24   include the mechanism for access to the hearing in the notice of
25   proposed rulemaking;
26      3. The text of the proposed Rule and the reason therefor;
27      4. A request for comments on the proposed Rule from any
28   interested person; and
29      5. The manner in which interested persons may submit written
30   comments.

20250SB0331PN0300                 - 27 -
 1      I. All hearings will be recorded. A copy of the recording and
 2   all written comments and documents received by the Commission in
 3   response to the proposed Rule shall be available to the public.
 4      J. Nothing in this Article shall be construed as requiring a
 5   separate hearing on each Rule. Rules may be grouped for the
 6   convenience of the Commission at hearings required by this
 7   Article.
 8      K. The Commission shall, by majority vote of all members,
 9   take final action on the proposed Rule based on the rulemaking
10   record and the full text of the Rule.
11      1. The Commission may adopt changes to the proposed Rule
12   provided the changes do not enlarge the original purpose of the
13   proposed Rule.
14      2. The Commission shall provide an explanation of the reasons
15   for substantive changes made to the proposed Rule as well as
16   reasons for substantive changes not made that were recommended
17   by commenters.
18      3. The Commission shall determine a reasonable effective date
19   for the Rule. Except for an emergency as provided in Article
20   11.L, the effective date of the Rule shall be no sooner than
21   forty-five (45) days after the Commission issuing the notice
22   that it adopted or amended the Rule.
23      L. Upon determination that an emergency exists, the
24   Commission may consider and adopt an emergency Rule with five
25   (5) days' notice, with opportunity to comment, provided that the
26   usual rulemaking procedures provided in this Compact and in this
27   Article shall be retroactively applied to the Rule as soon as
28   reasonably possible, in no event later than ninety (90) days
29   after the effective date of the Rule. For the purposes of this
30   provision, an emergency Rule is one that must be adopted

20250SB0331PN0300                 - 28 -
 1   immediately to:
 2      1. Meet an imminent threat to public health, safety, or
 3   welfare;
 4      2. Prevent a loss of Commission or Member State funds;
 5      3. Meet a deadline for the promulgation of a Rule that is
 6   established by federal law or rule; or
 7      4. Protect public health and safety.
 8      M. The Commission or an authorized committee of the
 9   Commission may direct revisions to a previously adopted Rule for
10   purposes of correcting typographical errors, errors in format,
11   errors in consistency, or grammatical errors. Public notice of
12   any revisions shall be posted on the website of the Commission.
13   The revision shall be subject to challenge by any person for a
14   period of thirty (30) days after posting. The revision may be
15   challenged only on grounds that the revision results in a
16   material change to a Rule. A challenge shall be made in writing
17   and delivered to the Commission prior to the end of the notice
18   period. If no challenge is made, the revision will take effect
19   without further action. If the revision is challenged, the
20   revision may not take effect without the approval of the
21   Commission.
22      N. No Member State's rulemaking requirements shall apply
23   under this Compact.
24   SECTION 12. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
25      A. Oversight
26      1. The executive and judicial branches of State government in
27   each Member State shall enforce this Compact and take all
28   actions necessary and appropriate to implement this Compact.
29      2. Venue is proper and judicial proceedings by or against the
30   Commission shall be brought solely and exclusively in a court of

20250SB0331PN0300                 - 29 -
 1   competent jurisdiction where the principal office of the
 2   Commission is located. The Commission may waive venue and
 3   jurisdictional defenses to the extent it adopts or consents to
 4   participate in alternative dispute resolution proceedings.
 5   Nothing herein shall affect or limit the selection or propriety
 6   of venue in any action against a Licensee for professional
 7   malpractice, misconduct or any such similar matter.
 8      3. The Commission shall be entitled to receive service of
 9   process in any proceeding regarding the enforcement or
10   interpretation of this Compact and shall have standing to
11   intervene in such a proceeding for all purposes. Failure to
12   provide the Commission service of process shall render a
13   judgment or order void as to the Commission, this Compact, or
14   promulgated Rules.
15      B. Default, Technical Assistance, and Termination
16      1. If the Commission determines that a Member State has
17   defaulted in the performance of its obligations or
18   responsibilities under this Compact or the promulgated Rules,
19   the Commission shall provide written notice to the defaulting
20   State. The notice of default shall describe the default, the
21   proposed means of curing the default, and any other action that
22   the Commission may take, and shall offer training and specific
23   technical assistance regarding the default.
24      2. The Commission shall provide a copy of the notice of
25   default to the other Member States.
26      3. If a State in default fails to cure the default, the
27   defaulting State may be terminated from this Compact upon an
28   affirmative vote of a majority of the delegates of the Member
29   States, and all rights, privileges and benefits conferred on
30   that State by this Compact may be terminated on the effective

20250SB0331PN0300                 - 30 -
 1   date of termination. A cure of the default does not relieve the
 2   offending State of obligations or liabilities incurred during
 3   the period of default.
 4      4. Termination of membership in this Compact shall be imposed
 5   only after all other means of securing compliance have been
 6   exhausted. Notice of intent to suspend or terminate shall be
 7   given by the Commission to the governor, the majority and
 8   minority leaders of the defaulting State's legislature, the
 9   defaulting State's State Licensing Authority and each of the
10   Member States' State Licensing Authority.
11      5. A State that has been terminated is responsible for all
12   assessments, obligations, and liabilities incurred through the
13   effective date of termination, including obligations that extend
14   beyond the effective date of termination.
15      6. Upon the termination of a State's membership from this
16   Compact, that State shall immediately provide notice to all
17   Licensees who hold a Multistate License within that State of
18   such termination. The terminated State shall continue to
19   recognize all licenses granted pursuant to this Compact for a
20   minimum of one hundred eighty (180) days after the date of said
21   notice of termination.
22      7. The Commission shall not bear any costs related to a State
23   that is found to be in default or that has been terminated from
24   this Compact, unless agreed upon in writing between the
25   Commission and the defaulting State.
26      8. The defaulting State may appeal the action of the
27   Commission by petitioning the United States District Court for
28   the District of Columbia or the federal district where the
29   Commission has its principal offices. The prevailing party shall
30   be awarded all costs of such litigation, including reasonable

20250SB0331PN0300                 - 31 -
 1   attorney's fees.
 2      C. Dispute Resolution
 3      1. Upon request by a Member State, the Commission shall
 4   attempt to resolve disputes related to this Compact that arise
 5   among Member States and between Member and non-Member States.
 6      2. The Commission shall promulgate a Rule providing for both
 7   mediation and binding dispute resolution for disputes as
 8   appropriate.
 9      D. Enforcement
10      1. The Commission, in the reasonable exercise of its
11   discretion, shall enforce the provisions of this Compact and the
12   Commission's Rules.
13      2. By majority vote as provided by Commission Rule, the
14   Commission may initiate legal action against a Member State in
15   default in the United States District Court for the District of
16   Columbia or the federal district where the Commission has its
17   principal offices to enforce compliance with the provisions of
18   this Compact and its promulgated Rules. The relief sought may
19   include both injunctive relief and damages. In the event
20   judicial enforcement is necessary, the prevailing party shall be
21   awarded all costs of such litigation, including reasonable
22   attorney's fees. The remedies herein shall not be the exclusive
23   remedies of the Commission. The Commission may pursue any other
24   remedies available under federal or the defaulting Member
25   State's law.
26      3. A Member State may initiate legal action against the
27   Commission in the United States District Court for the District
28   of Columbia or the federal district where the Commission has its
29   principal offices to enforce compliance with the provisions of
30   this Compact and its promulgated Rules. The relief sought may

20250SB0331PN0300                 - 32 -
 1   include both injunctive relief and damages. In the event
 2   judicial enforcement is necessary, the prevailing party shall be
 3   awarded all costs of such litigation, including reasonable
 4   attorney's fees.
 5      4. No individual or entity other than a Member State may
 6   enforce this Compact against the Commission.
 7   SECTION 13. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT
 8      A. This Compact shall come into effect on the date on which
 9   this Compact statute is enacted into law in the seventh Member
10   State.
11      1. On or after the effective date of this Compact, the
12   Commission shall convene and review the enactment of each of the
13   Charter Member States to determine if the statute enacted by
14   each such Charter Member State is materially different than the
15   model Compact statute.
16      a. A Charter Member State whose enactment is found to be
17   materially different from the model Compact statute shall be
18   entitled to the default process set forth in Article 12.
19      b. If any Member State is later found to be in default, or is
20   terminated or withdraws from this Compact, the Commission shall
21   remain in existence and this Compact shall remain in effect even
22   if the number of Member States should be less than seven (7).
23      2. Member States enacting this Compact subsequent to the
24   Charter Member States shall be subject to the process set forth
25   in Article 9.C.24 to determine if their enactments are
26   materially different from the model Compact statute and whether
27   they qualify for participation in this Compact.
28      3. All actions taken for the benefit of the Commission or in
29   furtherance of the purposes of the administration of this
30   Compact prior to the effective date of this Compact or the

20250SB0331PN0300                 - 33 -
 1   Commission coming into existence shall be considered to be
 2   actions of the Commission unless specifically repudiated by the
 3   Commission.
 4      4. Any State that joins this Compact shall be subject to the
 5   Commission's Rules and bylaws as they exist on the date on which
 6   this Compact becomes law in that State. Any Rule that has been
 7   previously adopted by the Commission shall have the full force
 8   and effect of law on the day this Compact becomes law in that
 9   State.
10      B. Any Member State may withdraw from this Compact by
11   enacting a statute repealing that State'

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