317A.105 Cosmetology Licensure Compact.
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/ky/chapter-317a/317a-105A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
ARTICLE 1. 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 which 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: A. Provide opportunities for interstate practice by Cosmetologists who meet uniform
requirements for multistate licensure; B. Enhance the abilities of Member States to protect public health and safety, and
prevent fraud and unlicensed activity within the profession; C. Ensure and encourage cooperation between Member States in the licensure and
regulation of the Practice of Cosmetology; D. Support relocating Active Military Members and their spouses; E. Facilitate the exchange of information between Member States related to the
licensure, investigation, and discipline of the Practice of Cosmetology; and F. Provide for the licensure and mobility of the workforce in the profession, while
addressing the shortage of workers and lessening the associated burdens on the
Member States. ARTICLE 2. DEFINITIONS As used in this Compact, and except as otherwise provided, the following definitions shall govern the terms herein: A. "Active Military Member" means any person with full-time duty status in the
Armed Forces of the United States, including members of the National Guard and
Reserve; B. "Adverse Action" means any administrative, civil, equitable, or criminal action
permitted by a Member State’s laws which is imposed by a State Licensing
Authority or other regulatory body against a Cosmetologist, including actions
against an individual’s license or Authorization to Practice such as revocation,
suspension, probation, monitoring of the Licensee, limitation of the Licensee’s
practice, or any other Encumbrance on a license affecting an individual’s ability to
participate in the Cosmetology industry, including the issuance of a cease and desist
order; C. "Authorization to Practice" means a legal authorization associated with a Multistate
License permitting the Practice of Cosmetology in that Remote State, which shall
be subject to the enforcement jurisdiction of the State Licensing Authority in that
Remote State; D. "Alternative Program" means a nondisciplinary monitoring or prosecutorial
diversion program approved by a Member State’s State Licensing Authority; E. "Background Check" means the submission of information for an applicant for the
purpose of obtaining that applicant’s criminal history record information, as further
defined in 28 C.F.R. sec. 20.3(d), from the Federal Bureau of Investigation and the
agency responsible for retaining State criminal or disciplinary history in the
applicant’s Home State; F. "Charter Member State" means Member States who have enacted legislation to
adopt this Compact where such legislation predates the effective date of this
Compact as defined in Article 13; G. "Commission" means the government agency whose membership consists of all
States that have enacted this Compact, which is known as the Cosmetology
Licensure Compact Commission, as defined in Article 9, and which shall operate as
an instrumentality of the Member States; H. "Cosmetologist" means an individual licensed in their Home State to practice
Cosmetology; I. "Cosmetology," "Cosmetology Services," and the "Practice of Cosmetology" mean
the care and services provided by a Cosmetologist as set forth in the Member
State’s statutes and regulations in the State where the services are being provided; J. "Current Significant Investigative Information" means:
1. Investigative Information that a State Licensing Authority, after an inquiry or
investigation that complies with a Member State’s due process requirements,
has reason to believe is not groundless and if proved true, would indicate a
violation of that State’s laws regarding fraud or the Practice of Cosmetology;
or
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; K. "Data System" means a repository of information about Licensees, including but
not limited to license status, Investigative Information, and Adverse Actions; L. "Disqualifying Event" means any event which shall disqualify an individual from
holding a Multistate License under this Compact, which the Commission may by
Rule or order specify; M. "Encumbered License" means a license in which an Adverse Action restricts the
Practice of Cosmetology by a Licensee, or where said Adverse Action has been
reported to the Commission; N. "Encumbrance" means a revocation or suspension of, or any limitation on, the full
and unrestricted Practice of Cosmetology by a State Licensing Authority; O. "Executive Committee" means a group of delegates elected or appointed to act on
behalf of, and within the powers granted to them by, the Commission; P. "Home State" means the Member State which is a Licensee’s primary State of
residence, and where that Licensee holds an active and unencumbered license to
practice Cosmetology; Q. "Investigative Information" means information, records, or documents received or
generated by a State Licensing Authority pursuant to an investigation or other
inquiry; R. "Jurisprudence Requirement" means the assessment of an individual’s knowledge
of the laws and rules governing the Practice of Cosmetology in a State; S. "Licensee" means an individual who currently holds a license from a Member State
to practice as a Cosmetologist; T. "Member State" means any State that has adopted this Compact; U. "Multistate License" means a license issued by and subject to the enforcement
jurisdiction of the State Licensing Authority in a Licensee’s Home State, which
authorizes the Practice of Cosmetology in Member States and includes
Authorizations to Practice Cosmetology in all Remote States pursuant to this
Compact; V. "Remote State" means any Member State, other than the Licensee’s Home State; W. "Rule" means any rule or regulation promulgated by the Commission under this
Compact which has the force of law; X. "Single-State License" 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; Y. "State" means a State, territory, or possession of the United States and the District
of Columbia; and Z. "State Licensing Authority" means a Member State’s regulatory body responsible
for issuing Cosmetology licenses or otherwise overseeing the Practice of
Cosmetology in that State. ARTICLE 3. MEMBER STATE REQUIREMENTS A. To be eligible to join this Compact, and to maintain eligibility as a Member State, a
State shall:
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 in
Cosmetology prior to being licensed to provide Cosmetology Services to the
public in that State;
5. Implement procedures for considering one
(1)or more of the following
categories of information from applicants for licensure: criminal history;
disciplinary history; or Background Check. Such procedures may include the
submission of information by applicants for the purpose of obtaining an
applicant’s Background Check as defined 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’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’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 4. MULTISTATE LICENSE A. To be eligible to apply to their Home State’s State Licensing Authority for an initial
Multistate License under this Compact, a Licensee shall hold an active and
unencumbered Single-State License to practice Cosmetology in their Home State. B. Upon the receipt of an application for a Multistate License, according to the Rules
of the Commission, a Member State’s State Licensing Authority shall ascertain
whether the applicant meets the requirements for a Multistate License under this
Compact. C. If an applicant meets the requirements for a Multistate License under this Compact
and any applicable Rules of the Commission, the State Licensing Authority in
receipt of the application shall, within a reasonable time, grant a Multistate License
to that applicant, and inform all Member States of the grant of said Multistate
License. D. A Multistate License to practice Cosmetology issued by a Member State’s State
Licensing Authority shall be recognized by each Member State as authorizing the
practice thereof as though that Licensee held a Single-State License to do so in each
Member State, subject to the restrictions herein. E. A Multistate License granted pursuant to this Compact may be effective for a
definite period of time, concurrent with the licensure renewal period in the Home
State. F. To maintain a Multistate License under this Compact, a Licensee must:
1. Agree to abide by the rules of the State Licensing Authority, and the State
scope of practice laws governing the Practice of Cosmetology, of any Member
State in which the Licensee provides services;
2. Pay all required fees related to the application and process, and any other fees
which the Commission may by Rule require; and
3. Comply with any and all other requirements regarding Multistate Licenses
which 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 State Licensing
Authority, the courts, and the laws of the Member State in which the Cosmetology
Services are provided. ARTICLE 5. REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME STATE A. A Licensee may hold a Multistate License, issued by their Home State, in only one
(1)Member State at any given time. B. If a Licensee changes their Home State by moving between two
(2)Member States:
1. The Licensee shall immediately apply for the reissuance of their Multistate
License in their new Home State. The Licensee shall pay all applicable fees
and notify the prior Home State in accordance with the Rules of the
Commission.
2. Upon receipt of an application to reissue a Multistate License, the new Home
State shall verify that the Multistate License is active, unencumbered, and
eligible for reissuance under the terms of the Compact and the Rules of the
Commission. The Multistate License issued by the prior Home State will be
deactivated and all Member States notified in accordance with the applicable
Rules adopted by the Commission.
3. If required for initial licensure, the new Home State may require a
Background Check as specified in the laws of that State, or the compliance
with any Jurisprudence Requirements of the new Home State.
4. Notwithstanding any other provision of this Compact, if a Licensee does not
meet the requirements set forth in this Compact for the reissuance of a
Multistate License by the new Home State, then the Licensee shall be subject
to the new Home State requirements for the issuance of a Single-State License
in that State. C. If a Licensee changes their 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’s ability to hold a Single-
State License in multiple States; however, for the purposes of this Compact, a
Licensee shall have only one
(1)Home State, and only one
(1)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 6. AUTHORITY OF THE COSMETOLOGY LICENSURE COMPACT COMMISSION AND MEMBER STATES 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’s State Licensing Authority shall cooperate
with the Commission and with each entity exercising independent regulatory
authority over the Practice of Cosmetology according to the provisions of this
Compact. C. Discipline shall be the sole responsibility of the State in which Cosmetology
Services are provided. Accordingly, each Member State’s State Licensing Authority
shall be responsible for receiving complaints about individuals practicing
Cosmetology in that State, and for communicating all relevant Investigative
Information about any such Adverse Action to the other Member States through the
Data System in addition to any other methods the Commission may by Rule
require. ARTICLE 7. ADVERSE ACTIONS A. A Licensee’s Home State shall have exclusive power to impose an Adverse Action
against a Licensee’s Multistate License issued by the Home State. 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’s State
Licensing Authority shall have the power to:
1. Take Adverse Action against a Licensee’s Authorization to Practice
Cosmetology through the Multistate License in that Member State, provided
that:
a. Only the Licensee’s Home State shall have the power to take Adverse
Action against the Multistate License issued by the Home State; and
b. For the purposes of taking Adverse Action, the Home State’s State
Licensing Authority shall give the same priority and effect to reported
conduct received from a Remote State as it would if such conduct had
occurred within the Home State. In so doing, the Home State shall apply
its own State laws to determine the appropriate action;
2. Issue cease and desist orders or impose an Encumbrance on a Licensee’s
Authorization to Practice within that Member State;
3. Complete any pending investigations of a Licensee who changes their primary
State of residence during the course of such an investigation. The State
Licensing Authority shall also be empowered to report the results of such an
investigation to the Commission through the Data System as described herein;
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; and
6. Take Adverse Action against the Licensee’s Authorization to Practice in that
State based on the factual findings of another Remote State. D. A Licensee’s Home State shall complete any pending investigation(s) of a
Cosmetologist who changes their primary State of residence during the course of
the investigation(s). The Home State shall also have the authority to take
appropriate action(s) and shall promptly report the conclusions of the investigations
to the Data System. E. If an Adverse Action is taken by the Home State against a Licensee’s Multistate
License, the Licensee’s Authorization to Practice in all other Member States shall
be deactivated until all Encumbrances have been removed from the Home State
license. All Home State disciplinary orders that impose an Adverse Action against a
Licensee’s Multistate License shall include a statement that the Cosmetologist’s
Authorization to Practice is deactivated in all Member States during the pendency
of the order. F. Nothing in this Compact shall override a Member State’s authority to accept a
Licensee’s participation in an Alternative Program in lieu of Adverse Action. A
Licensee’s Multistate License shall be suspended for the duration of the Licensee’s
participation in any Alternative Program. 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 8. ACTIVE MILITARY MEMBERS AND THEIR SPOUSES Active Military Members, or their spouses, shall designate a Home State where the individual has a current license to practice Cosmetology in good standing. The individual may retain their Home State designation during any period of service when that individual or their spouse is on active duty assignment. ARTICLE 9. ESTABLISHMENT OF THE COSMETOLOGY LICENSURE COMPACT COMMISSION A. The Compact Member States hereby create and establish a joint government agency
whose membership consists of all Member States that have enacted the Compact
known as the Cosmetology Licensure Compact Commission. The Commission is an
instrumentality of the Compact Member States acting jointly and not an
instrumentality of any one
(1)State. The Commission shall come into existence on
or after the effective date of the Compact as set forth in Article 13. B. Membership, Voting, and Meetings.
1. Each Member State shall have and be limited to one
(1)delegate selected by
that Member State’s State Licensing Authority.
2. The delegate shall be an administrator of the State Licensing Authority of the
Member State or their 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’s State Licensing Authority shall fill any vacancy of its
delegate occurring on the Commission within sixty
(60)days of the vacancy.
6. Each delegate shall be entitled to one
(1)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. Establish and amend 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’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's behalf;
8. Purchase and maintain insurance and bonds;
9. Borrow, accept, or contract for services of personnel, including but not limited
to 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’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 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’s bylaws;
22. Establish and elect an Executive Committee, including a chair and a vice
chair;
23. Adopt and provide to the Member States an annual report;
24. Determine whether a State’s adopted language is materially different from the
model Compact language such that the State would not qualify for
participation in the Compact; and
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'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 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
(7)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
sixteen
(16)members of the Executive Committee; and
b. Other than the chair, vice-chair, secretary and treasurer, the Commission
shall elect three voting members from the current membership of the
Commission.
c. The Commission may elect ex officio, nonvoting members from a
recognized national Cosmetology professional association as approved
by the Commission. The Commission’s bylaws shall identify qualifying
organizations and the manner of appointment if the number of
organizations seeking to appoint an ex officio member exceeds the
number of members specified in this Article. 3. The Commission may remove any member of the Executive Committee as
provided in the Commission’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 session of a public meeting
when dealing with any of the matters covered under Article 9.F.4.
b. The Executive Committee shall give five
(5)business days advance
notice of its public meetings, posted on its website and as determined to
provide notice to persons with an interest in the public matters the
Executive Committee intends to address at those meetings.
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 Article 9.F.4
shall be open to the public. Notice of public meetings shall be posted on the
Commission’s website at least thirty
(30)days prior to the public meeting.
2. Notwithstanding Article 9.F.1, the Commission may convene an emergency
public meeting by providing at least twenty-four
(24)hours prior notice on the
Commission’s website, and any other means as provided in the Commission’s
Rules, for any of the reasons it may dispense with notice of proposed
rulemaking under Article 11.L. The Commission’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, discipline, or other matters, practices,
or procedures related to specific employees or other matters related to
the Commission’s internal personnel practices and procedures;
c. Current or threatened discipline of a Licensee by the Commission or by
a Member State’s State 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 sources of 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. 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’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’s State action immunity or State action affirmative defense
with respect to antitrust claims under the Sherman Act, Clayton Act, 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 10. DATA SYSTEM A. The Commission shall provide for the development, maintenance, operation, and
utilization of a coordinated database and reporting system. 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. Nonconfidential 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 such a Licensee or License
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 11. 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’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 by the Commission for 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
(4)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 thirty
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’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 Commission shall include the mechanism for access to
the hearing in the notice of proposed rulemaking;
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 Article 11.L., the effective date of the
Rule shall be no sooner than forty-five
(45)days after issuing 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
(5)days' 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 ninety
(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 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 thirty
(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’s rulemaking requirements shall apply under this Compact. ARTICLE 12. 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.
3. 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.
4. 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’s legislature, the
defaulting State’s State Licensing Authority, and each of the Member States’
State Licensing Authority.
5. 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.
6. Upon the termination of a State’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 one hundred eighty
days after the date of said notice of termination.
7. 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.
8. 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’s fees. C. 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 States and non-Member States.
2. The Commission shall promulgate a Rule providing for both mediation and
binding dispute resolution for disputes as appropriate. D. Enforcement.
1. The Commission, in the reasonable exercise of its discretion, shall enforce the
provisions of this Compact and the Commission’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 United States
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’s 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’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’s fees.
4. No person other than a Member State may enforce this Compact against the
Commission. ARTICLE 13. 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 12.
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 (7).
2. Member States enacting the Compact subsequent to the Charter Member
States shall be subject to the process set forth in Article 9.C.24 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 Commission’s 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 the same.
1. A Member State’s withdrawal shall not take effect until one hundred eighty
(180)days after enactment of the repealing statute.
2. Withdrawal shall not affect the continuing requirement of the withdrawing
State’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 six
(6)months 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 14. CONSTRUCTION AND SEVERABILITY A. This Compact and the Commission’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’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, 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 Article 14.B., the Commission may deny a State’s participation in
the Compact or, in accordance with the requirements of Article 12, terminate a
Member State’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 15. 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. ARTICLE 16. APPLICABILITY OF KENTUCKY STATE GOVERNMENT In order to clarify the effect of certain provisions of this Compact and to ensure that the rights and responsibilities of the various branches of government are maintained, the following shall be in effect in this state: A. By entering into this Compact, this State authorizes the State Licensing Authority
as defined in Article 2.S. of this Compact and as created by KRS Chapter 317A to
implement the provisions of this Compact. B. Notwithstanding any provision of this Compact to the contrary:
1. When a Rule is adopted pursuant to Article 11 of this Compact, the State
Licensing Authority of this State as defined by Article 2.Z. of this Compact
shall have sixty
(60)days to review the Rule for the purpose of filing the Rule
as an emergency administrative regulation pursuant to KRS 13A.190 and for
filing the Rule as an accompanying ordinary administrative regulation,
following the requirements of KRS Chapter 13A. Failure by the State
Licensing Authority of this State as defined by Article 2.Z. of this Compact to
promulgate a Rule adopted by the Cosmetology Licensure Compact
Commission as an administrative regulation pursuant to KRS Chapter 13A
shall result in withdrawal as set forth in Article 13 of this Compact. Nothing
in these provisions shall negate the applicability of a Commission Rule or
Article 11 of this Compact to this state.
2. If the proposed administrative regulation is found deficient and the deficiency
is not resolved pursuant to KRS 13A.330 or 13A.335, the provisions of
Article 12 of this Compact shall apply. If the deficiency is resolved in a
manner determined by the Commission to be inconsistent with this Compact
or its Rules, or if the procedures under Article 12 of this Compact fail to
resolve an issue, the withdrawal provisions of Article 13 of this Compact shall
apply.
3. If a court of competent jurisdiction determines that the Cosmetology
Licensure Compact Commission created by Article 9 of this Compact
exercises its rulemaking authority in a manner that is beyond the scope of the
purposes of this Compact, or the powers granted under this Compact, then
such an action by the Commission shall be invalid and have no force or effect. C. Article 9.G. of this Compact pertaining to the financing of the Commission shall
not be interpreted to obligate the general fund of this State. Any funds used to
finance this Compact shall be from money collected pursuant to KRS 317A.080. D. This Compact shall apply only to those licensed Cosmetologists who practice or
work under a Compact privilege.