HB 246 — Relating to the licensed practice of cosmetology; to provide and adopt the Cosmetology Licensure Compact to allow licensed cosmetologists to practice pursuant to a multistate license among compact states in a limited manner; to provide eligibility requirements for licensed cosmetologists to practice cosmetology pursuant to the compact; to provide for a coordinated licensure information system, joint investigations, and disciplinary actions; to establish the Cosmetology Licensure Compact Commission; to provide for the membership, powers, duties, and rulemaking functions of the commission; and to provide for oversight of the compact, enforcement of the compact, default procedures, dispute resolution, withdrawal of compact states, and amendments to the compact.
Last action — Enacted as 2023-488
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced April 04, 2023. Enacted.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 R).
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Cleared a recorded vote
Passed 3 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Summary
Cosmetology Licensure Compact, allows the practice of cosmetology by licensed cosmetologists among compact states
Bill Text
What changed in the latest version
1177 added · 1182 removedPlain-language change summary
The updated version of Bill HB 246 adds more detailed provisions about the Cosmetology Licensure Compact, which will allow licensed cosmetologists to practice across multiple states with a single license. This includes establishing a commission to oversee the compact, manage disputes, and enforce regulations. Overall, these changes aim to enhance the mobility of cosmetologists, improve access to services, and ensure public safety through better oversight of practices across state lines.
HB246 INTRODUCEDENROLLED RBATYM-1RBATYM-3 By Representatives Paschal, Hassell RFD:
04-Apr-23 2023 Regular Session Page 0 RBATYM-1HB246 03/22/2023Enrolled KMSEnrolled, (L)crAn 2023-211Act, 23 4Relating SYNOPSIS:to the licensed practice of cosmetology;
This bill would establish the Cosmetology Licensure Compact.
This bill would allow the practice of cosmetology by licensed cosmetologists among compact states.
This bill would authorize state cosmetology regulatory authorities in compact states, which would include the Alabama Board of Cosmetology and Barbering, to legally recognize, in a manner consistent with terms of the compact, cosmetologists licensed within those states.
This bill would provide eligibility requirements for licensed cosmetologists to practice cosmetology services pursuant to the compact and a multistate license.
This bill would provide accommodations for licensed cosmetologists who are active duty personnel and their spouses.
This bill would provide for a coordinated licensure database for reporting licensure, investigative information, and disciplinary actions.
This bill would establish the Cosmetology Licensure Compact Commission, and would provide for the membership, powers, and duties of the commission.
Page 1 HB246 INTRODUCED This bill would also provide for rulemaking functions of the commission, oversight of the compact, enforcement of the compact, default procedures, dispute resolution, withdrawal of compact states, and amendments to the compact.
A BILL TO BE ENTITLED AN ACT Relating to the licensed practice of cosmetology;
(a) The purpose of this compact is to facilitate the Page 2 HB246 INTRODUCED 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 new licensing program, the member states seek to provide increased value and mobility to licensed cosmetologists in the member Page 1 HB246 Enrolled states, while ensuring the provision of safe, effective, and reliable services to the public.
(6) Provide for the licensure and mobility of the Page 3 HB246 INTRODUCED workforce in the profession, while addressing the shortage of workers and lessening the associated burdens on the member states.
(1) ACTIVE DUTY MILITARY.MILITARY MEMBER.
Any individual in Page 2 HB246 Enrolled full-time duty status in the active uniformedunformed service Armed Forces of the United States including members of the National Guard and Reserve.
95 (2) ADVERSE ACTION.
Page 4 HB246 INTRODUCED (5) BACKGROUND CHECK.
Member states that have Page 3 HB246 Enrolled enacted legislation to adopt this compact where the legislation predates the effective date of this compact as defined in Section 13.
95 (9) COSMETOLOGY, COSMETOLOGY SERVICES, and the PRACTICE OF COSMETOLOGY.
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 Page 5 HB246 INTRODUCED practice of cosmetology.
A repository of information about licensees including, but not limited to, license status, Page 4 HB246 Enrolled investigative information, and adverse actions.
An individual who currently holds a Page 6 HB246 INTRODUCED license from a member state to practice as a cosmetologist.
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 Page 5 HB246 Enrolled authorizations to practice cosmetology in all remote states pursuant to this compact.
Page 7 HB246 INTRODUCED (2) Have a mechanism or entity in place to receive and investigate complaints about licensees practicing in that state.
(4) Require that licensees satisfy educational or Page 6 HB246 Enrolled training requirements in cosmetology prior to being licensed to provide cosmetology services to the public in that state.
(10) Accept licensees from other member states as Page 8 HB246 INTRODUCED established herein.
However, the single-state license granted to these individuals Page 7 HB246 Enrolled shall not be recognized as granting a multistate license to provide services in any other member state.
(b) Upon the receipt of an application for a multistate Page 9 HB246 INTRODUCED 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 Page 8 HB246 Enrolled the application, within a reasonable time, shall grant a multistate license to that applicant, and inform all member states of the grant of the multistate license.
(2) Pay all required fees related to the application and process, and any other fees which the commission may by Page 10 HB246 INTRODUCED rule require.
Page 9 HB246 Enrolled (h) The practice of cosmetology under a multistate license granted pursuant to this compact shall 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.
(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 Page 11 HB246 INTRODUCED 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 Page 10 HB246 Enrolled requirements of the new home state.
Authority of the compact commission and Page 12 HB246 INTRODUCED member state licensing authorities.
Page 11 HB246 Enrolled (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 this compact.
Page 13 HB246 INTRODUCED (c) In addition to the powers conferred by state law, each remote state's state licensing authority shall have the power to do all of the following:
Only the licensee's home state shall have the power Page 12 HB246 Enrolled to take adverse action against the multistate license issued by the home state;
Subpoenas issued by a state licensing authority in a member state for Page 14 HB246 INTRODUCED 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 the court.
The issuing state licensing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service Page 13 HB246 Enrolled statutes of the state in which the witnesses or evidence are located.
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All home state disciplinary orders that impose an adverse action against a licensee's multistate Page 15 HB246 INTRODUCED license shall include a statement that the cosmetologist's authorization to practice is deactivated in all member states during the pendency of the order.
A licensee's multistate license shall be suspended for the duration of the Page 14 HB246 Enrolled licensee's participation in any alternative program.
Active duty military members and their spouses.
Active duty military personnel,personnel military members, or their spouses, shall designate a home state where the individual has a current license to practice cosmetology in good standing.
(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 Page 16 HB246 INTRODUCED the Cosmetology Licensure Compact Commission.
Page 15 HB246 Enrolled (1) Each member state shall have and be limited to one delegate selected by that member state's state licensing authority.
Page 17 HB246 INTRODUCED (2) Establish code of conduct and conflict of interest policies.
(5) Meet and take actions consistent with this compact, Page 16 HB246 Enrolled the commission's rules, and the bylaws.
(12) As set forth in the commission rules, charge a fee to a licensee for the grant of a multistate license and Page 18 HB246 INTRODUCED 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 a Page 17 HB246 Enrolled requirement for the grant of a multistate license.
Page 19 HB246 INTRODUCED (21) Elect a chair, vice chair, secretary, treasurer, and other officers of the commission as provided in the commission's bylaws.
(23) Adopt and provide to the participating member Page 18 HB246 Enrolled states an annual report.
Page 20 HB246 INTRODUCED e.
Exercising the powers and duties of the commission Page 19 HB246 Enrolled 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.
(3) The commission may remove any member of the Page 21 HB246 INTRODUCED executive committee as provided in the commission's bylaws.
Annual executive committee meetings, as well as any executive committee meeting at which the executive committee does not take or intend to take formal action on a matter for Page 20 HB246 Enrolled which a commission vote would otherwise be required, shall be open to the public, except that the executive committee may meet in a closed, non-public session of a public meeting when dealing with any of the matters covered under subdivision (4) of subsection (f).
Prevent a loss of commission or participating member state funds.
(1) All meetings of the commission that are not closed Page 22 HB246 INTRODUCED pursuant to subdivision (4) shall be open to the public.
(2) Notwithstanding subdivision (1), the commission may convene an emergency public meeting by providing at least 24 hours' prior notice on the commission's website, and any other Page 21 HB246 Enrolled means as provided in the commission's rules, for any of the reasons it may dispense with notice of proposed rulemaking under subsection (l) of Section 11.
Page 23 HB246 INTRODUCED e.
Page 22 HB246 Enrolled h.
All documents considered in connection with an Page 24 HB246 INTRODUCED action shall be identified in the minutes.
(1) The commission shall pay, or provide for the Page 23 HB246 Enrolled payment of, the reasonable expenses of its establishment, organization, and ongoing activities.
The receipts and disbursements of the commission shall be subject to the financial review and Page 25 HB246 INTRODUCED accounting procedures established under its bylaws.
Page 24 HB246 Enrolled (h) Qualified immunity, defense, and indemnification.
(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, Page 26 HB246 INTRODUCED duties, or responsibilities, or as determined by the commission that the individual 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 individual from retaining his or her own counsel at his Page 25 HB246 Enrolled or her own expense;
(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 Page 27 HB246 INTRODUCED antitrust claims under the Sherman Act, Clayton Act, or any other state or federal antitrust or anticompetitive law or regulation.
Page 26 HB246 Enrolled Section 10.
Page 28 HB246 INTRODUCED (6) The existence of investigative information.
Page 27 HB246 Enrolled (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.
(h) Any information submitted to the data system that Page 29 HB246 INTRODUCED is subsequently expunged pursuant to federal law or the laws of the member state contributing the information shall be removed from the data system.
(a) The commission shall adopt reasonable rules in order to effectively and efficiently implement and administer Page 28 HB246 Enrolled the purposes and provisions of this compact.
(d) If a majority of the legislatures of the member states rejects a rule or portion of a rule, by enactment of a statute or resolution in the same manner used to adopt the compact within four years of the date of adoption of the rule, Page 30 HB246 INTRODUCED then the rule shall have no further force and effect in any member state or to any state applying to participate in the compact.
(f) Prior to adoption of a proposed rule, the Page 29 HB246 Enrolled commission shall hold a public hearing and allow individuals to provide oral and written comments, data, facts, opinions, and arguments.
(2) If the hearing is held via telecommunication, video Page 31 HB246 INTRODUCED conference, or other electronic means, the commission shall include the mechanism for access to the hearing in the notice of proposed rulemaking.
(4) A request for comments on the proposed rule from Page 30 HB246 Enrolled any interested individual.
(3) The commission shall determine a reasonable Page 32 HB246 INTRODUCED effective date for the rule.
(l) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule with five Page 31 HB246 Enrolled days' notice, with opportunity to comment, provided that the usual rulemaking procedures provided in this compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule.
A challenge shall be made in Page 33 HB246 INTRODUCED writing and delivered to the commission prior to the end of the notice period.
(n) No member state's rulemaking requirements shall Page 32 HB246 Enrolled apply under this compact.
Failure to provide the commission Page 34 HB246 INTRODUCED service of process shall render a judgment or order void as to the commission, this compact, or adopted rules.
(1) If the commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or the adopted rules, the Page 33 HB246 Enrolled commission shall provide written notice to the defaulting state.
Page 35 HB246 INTRODUCED (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 Page 34 HB246 Enrolled all licensees who hold a multistate license within that state of the termination.
The terminated state shall continue to recognize all licenses granted pursuant to this compact for a minimum of 180 days after the date of the notice of 991 termination.
(2) The commission shall adopt a rule providing for both mediation and binding dispute resolution for disputes as Page 36 HB246 INTRODUCED appropriate.
(2) By majority vote as provided by commission rule, Page 35 HB246 Enrolled 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 office to enforce compliance with this compact and its adopted rules.
The commission may 991 pursue any other remedies available under federal or the defaulting member state's law.
(4) No individual or entity other than a member state Page 37 HB246 INTRODUCED may enforce this compact against the commission.
(1) On or after the effective date of the compact, the Page 36 HB246 Enrolled commission shall convene and review the enactment of each of the charter member states to determine if the statute enacted by each charter member state is materially different than the model compact statute.
(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 Page 38 HB246 INTRODUCED actions of the commission unless specifically repudiated by the commission.
Any rule that has been previously adopted by the commission shall have the Page 37 HB246 Enrolled full force and effect of law on the day the compact becomes law in that state.
(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 Page 39 HB246 INTRODUCED non-member state that does not conflict with this compact.
Page 38 HB246 Enrolled (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.
(c) Notwithstanding subsection (b), the commission may deny a state's participation in the compact or, in accordance with the requirements of Section 12, terminate a member state's participation in the compact, if it determines that a Page 40 HB246 INTRODUCED constitutional requirement of a member state is a material departure from the compact.
Page 39 HB246 Enrolled Section 15.
Page 4140 HB246 Enrolled ________________________________________________ Speaker of the House of Representatives ________________________________________________ President and Presiding Officer of the Senate House of Representatives I hereby certify that the within Act originated in and was passed by the House 25-May-23, as amended.
John Treadwell Clerk Senate 06-Jun-23 Passed Page 41
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Amendments
2 amendmentsClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Enrolled
Sponsors
- Kenneth Paschal · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 139 not signed on
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (139)
139 members have not signed on to this bill.
Show all 139 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| R | 22 | 0 | 0 | 3 |
| D | 6 | 0 | 0 | 2 |
| Unaffiliated | 1 | 0 | 0 | 0 |
| Total | 29 | 0 | 0 | 5 |
| % of votes cast | 85% | 0% | 0% | 15% |
How each member voted (34)
| Member | Party | Vote |
|---|---|---|
| Greg J. Reed | — | Yea |
| Bobby D. Singleton | D | Yea |
| Kirk Hatcher | D | Yea |
| Linda Coleman-Madison | D | Yea |
| Merika Coleman | D | Yea |
| Robert Stewart | D | Yea |
| Rodger M. Smitherman | D | Yea |
| Vivian Davis Figures | D | Not Voting |
| William M. Beasley | D | Not Voting |
| Andrew Jones | R | Yea |
| April Weaver | R | Yea |
| Arthur Orr | R | Yea |
| Chris Elliott | R | Not Voting |
| Clyde Chambliss | R | Yea |
| Dan Roberts | R | Yea |
| David Sessions | R | Yea |
| Donnie Chesteen | R | Yea |
| Garlan Gudger | R | Yea |
| Gerald H. Allen | R | Yea |
| Greg Albritton | R | Yea |
| J. T. 'Jabo' Waggoner | R | Yea |
| Jack W. Williams | R | Not Voting |
| Jay Hovey | R | Yea |
| Josh Carnley | R | Yea |
| Keith Kelley | R | Yea |
| Lance Bell | R | Yea |
| Larry Stutts | R | Not Voting |
| Randy Price | R | Yea |
| Sam Givhan | R | Yea |
| Shay Shelnutt | R | Yea |
| Steve Livingston | R | Yea |
| Tim Melson | R | Yea |
| Tom Butler | R | Yea |
| Will Barfoot | R | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 0 | 0 | 0 |
| R | 70 | 0 | 0 | 1 |
| D | 25 | 0 | 0 | 1 |
| Total | 100 | 0 | 0 | 2 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (102)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 0 | 0 | 0 |
| R | 70 | 0 | 0 | 1 |
| D | 25 | 0 | 0 | 1 |
| Total | 100 | 0 | 0 | 2 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (102)
Subjects
Frequently asked questions
- What does HB 246 do?
- Cosmetology Licensure Compact, allows the practice of cosmetology by licensed cosmetologists among compact states
- Who sponsors HB 246?
- HB 246 is sponsored by Kenneth Paschal (R).
- What is the current status of HB 246?
- This bill has been enacted into law. Introduced April 04, 2023. Enacted.
- Where can I track HB 246?
- Track HB 246 free on One Click Politics — get push/email alerts when it moves.
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