Struck = only in SB 217 ·
added = only in HB 246.
SPONSOR:HB246 ENROLLED RBATYM-3 By Representatives Paschal, Hassell RFD:
Sen.Boards, Agencies and Commissions First Read:
Buckson04-Apr-23 &2023 Rep.Regular Session Page 0 HB246 Enrolled Enrolled, An Act, 3 Relating to the licensed practice of cosmetology;
Harristo Sens.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;
Hoffner,to Huxtable,provide Lockman,eligibility Pettyjohn,requirements Richardson,for Wilson;licensed cosmetologists to practice cosmetology pursuant to the compact;
Reps.to provide for a coordinated licensure information system, joint investigations, and disciplinary actions;
Berry,to Carson,establish Yearickthe DELAWARECosmetology STATELicensure SENATECompact 153rdCommission; GENERAL ASSEMBLY SENATE BILL NO.
217to ANprovide ACTfor TOthe AMENDmembership, TITLEpowers, 24duties, OFand THErulemaking DELAWAREfunctions CODEof RELATINGthe TOcommission; THE COSMETOLOGY LICENSURE COMPACT.
BEand ITto ENACTEDprovide BYfor THEoversight GENERALof ASSEMBLYthe OFcompact, THEenforcement STATEof OFthe DELAWARE:compact, default procedures, dispute resolution, withdrawal of compact states, and amendments to the compact.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
AmendPurpose. Chapter 51, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
Subchapter(a) III.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.
CosmetologyThrough Licensurethis Compactcompact, §the 5140.member states seek to establish a regulatory framework which provides for a new multistate licensing program.
ShortThrough title.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.
(b) This Actcompact is knowndesigned asto achieve the “Cosmetologyfollowing Licensureobjectives, Compact”.and the member states ratify the same intentions, by subscribing to all of the following:
§ 5141.
Title and purpose.
The purpose of this Compact is to facilitate the interstate practice and regulation of cosmetology with the goal of improving public access to, and the safety of, cosmetology services and reducing unnecessary burdens related to cosmetology licensure.
Through this Compact, the member states seek to establish a regulatory framework that provides for a new multistate licensing program.
Through this new licensing program, the member states seek to provide increased value and mobility to licensed cosmetologists in the member states, while ensuring.
safe, effective, and reliable services are provided to the public.
This Compact is designed to achieve all of the following objectives, and the member states ratify the same intentions by subscribing to this Compact:
DLS(6) :Provide for the licensure and mobility of the workforce in the profession, while addressing the shortage of workers and lessening the associated burdens on the member states.
MDWSection :2.
AF Page 1 of 22 Released:
01/26/2026 03:28 PM (6) Provide for the licensure and mobility of the workforce in the profession, while addressing the shortage of workers and lessening the associated burdens on the member states.
§ 5142.
As used in this Compact:compact, and except as otherwise provided, the following definitions shall govern the terms herein:
(1) “ActiveACTIVE militaryDUTY member”MILITARY meansMEMBER. any person with full-time duty status in the armed forces of the United States, including members of the National Guard and Reserve.
(2)“AdverseAny action”individual meansin anyPage administrative,2 civil,HB246 equitable,Enrolled orfull-time criminalduty actionstatus permittedin bythe aactive memberunformed state’sservice lawsArmed whichForces isof imposedthe byUnited aStates stateincluding licensingmembers authorityof orthe otherNational regulatoryGuard bodyand againstReserve. a cosmetologist.
“Adverse(2) action”ADVERSE includesACTION. 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.
(3)Any “Alternativeadministrative, program”civil, meansequitable, or criminal action permitted by a non-disciplinarymember monitoringstate's laws which is imposed by a state licensing authority or prosecutorialother diversionregulatory programbody approvedagainst bya 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 memberlicense state’saffecting statean licensingindividual's authority.ability to participate in the cosmetology industry, including the issuance of a cease and desist order.
(4)(3) “AuthorizationALTERNATIVE toPROGRAM. practice” means a legal authorization associated with a multistate license permitting the practice of cosmetology in that remote state, which is subject to the enforcement jurisdiction of the state licensing authority in that remote state.
(5)A “Backgroundnon-disciplinary check”monitoring meansor theprosecutorial submissiondiversion ofprogram informationapproved forby ana applicantmember forstate's thestate purposelicensing ofauthority. obtaining that applicant’s criminal history record information, as further defined in 28 C.F.R.
§(4) 20.3(d),AUTHORIZATION fromTO thePRACTICE. Federal Bureau of Investigation and the agency responsible for retaining state criminal or disciplinary history in the applicant’s home state.
(6)A “Charterlegal memberauthorization state”associated meanswith a membermultistate statelicense whopermitting hasthe enactedpractice legislationof tocosmetology adoptin thisthat Compactremote beforestate, which shall be subject to the effectiveenforcement datejurisdiction of thisthe Compactstate aslicensing definedauthority in §that 5153remote ofstate. this title.
(7)(5) “Commission”BACKGROUND meansCHECK. 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 § 5149 of this title, and which operates as an instrumentality of the member states.
(8)The “Cosmetologist”submission meansof information for an individualapplicant licensedfor inthe theirpurpose homeof stateobtaining tothat practiceapplicant's cosmetology.criminal history record information, as further defined in 28 C.F.R.
(9)§ “Cosmetology”,20.33, “cosmetologyfrom services”, and the “practiceFederal Bureau of cosmetology”Investigation meanand the careagency andresponsible servicesfor providedretaining bystate acriminal cosmetologistor asdisciplinary sethistory forth in the memberapplicant's state’shome statutesstate. and regulations in the state where the services are being provided.
DLS(6) :CHARTER MEMBER STATE.
MDWMember :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.
AF(7) PageCOMMISSION. 2 of 22 Released:
01/26/2026The 03:28government PMagency (10)whose “Currentmembership significantconsists investigativeof information”all meansstates anythat have enacted this compact, which is known as the Cosmetology Licensure Compact Commission, as defined in Section 9, and which shall operate as an instrumentality of the following:member states.
(8) COSMETOLOGIST.
An individual licensed in his or her home state to practice cosmetology.
95 (9) COSMETOLOGY, COSMETOLOGY SERVICES, and the PRACTICE OF COSMETOLOGY.
The care and services provided by a cosmetologist as set forth in the member state's statutes and rules in the state where the services are being provided.
(10) CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION:
Either of the following:
Investigative information that a state licensing authority, after an inquiry or investigation that complies with a member state’sstate's due process requirements, has reason to believe is not groundless and, if proved true, would indicate a violation of that state’sstate's laws regarding fraud or the practice of cosmetology.
(11) “DataDATA system”SYSTEM. means a repository of information about licensees, including license status, investigative information, and adverse actions.
(12)A “Disqualifyingrepository event”of meansinformation anyabout eventlicensees thatincluding, disqualifiesbut annot individuallimited fromto, holding a multistate license understatus, thisPage Compact,4 whichHB246 theEnrolled Commissioninvestigative mayinformation, byand ruleadverse oractions. order specify.
(13)(12) “EncumberedDISQUALIFYING license”EVENT. means a license where an adverse action restricts the practice of cosmetology by a licensee, or where the adverse action has been reported to the Commission.
(14)Any “Encumbrance”event meanswhich ashall revocationdisqualify oran suspensionindividual of,from orholding anya limitationmultistate on,license theunder fullthis andcompact, unrestrictedwhich practicethe ofcommission cosmetologymay by arule stateor licensingorder authority.specify.
(15)(13) “ExecutiveENCUMBRANCE. Committee” means a group of delegates elected or appointed to act on behalf of, and within the powers granted to them by, the Commission.
(16)A “Homerevocation state”or meanssuspension theof, memberor stateany thatlimitation ison, athe licensee’sfull primary state of residence, and whereunrestricted thatpractice licenseeof holdscosmetology anby activea andstate unencumberedlicensing licenseauthority. to practice cosmetology.
(17)(14) “InvestigativeEXECUTIVE information”COMMITTEE. means information, records, or documents received or generated by a state licensing authority pursuant to an investigation or other inquiry.
(18)A “Jurisprudencegroup requirement”of meansdelegates theelected assessmentor ofappointed anto individual’sact knowledgeon ofbehalf theof, laws and ruleswithin governing the practicepowers ofgranted cosmetologyto inthem aby, state.the commission.
(19)(15) “Licensee”HOME meansSTATE. an individual who currently holds a license from a member state to practice as a cosmetologist.
(20)The “Membermember state”state meanswhich anyis a licensee's primary state of residence, and where that haslicensee adoptedholds thisan Compact.active and unencumbered license to practice cosmetology.
(21)(16) “MultistateINVESTIGATIVE license”INFORMATION. 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 under this Compact.
(22)Information, “Remoterecords, state”or meansdocuments anyreceived memberor generated by a state otherlicensing thanauthority thepursuant licensee’sto homean state.investigation or other inquiry.
DLS(17) :JURSIPRUDENCE REQUIREMENT.
MDWThe :assessment of an individual's knowledge of the laws and rules governing the practice of cosmetology in a state.
AF(18) PageLICENSEE. 3 of 22 Released:
01/26/2026An 03:28individual PMwho 83currently (23)holds “Rule”a meanslicense anyfrom rulea ormember regulationstate promulgatedto bypractice theas Commissiona undercosmetologist. this Compact which has the force of law.
(24)(19) “Single-stateMEMBER license”STATE. means a cosmetology license issued by a member state that authorizes the practice of cosmetology only within the issuing member state and does not include any authorization to practice outside of the issuing member state.
(25)Any “State”state meansthat ahas state,adopted territory,this orcompact. possession of the United States and the District of Columbia.
(26)(20) “StateMULTISTATE licensingLICENSE. authority” means a member state’s regulatory body responsible for issuing cosmetology licenses or otherwise overseeing the practice of cosmetology in that member state.
§A 5143.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.
(21) REMOTE STATE.
Any member state, other than the licensee's home state.
(22) RULE.
Any rule or regulation adopted by the commission under this compact which has the force of law.
(23) SINGLE-STATE LICENSE.
A cosmetology license issued by a member state that authorizes practice of cosmetology only within the issuing state and does not include any authorization outside of the issuing state.
(24) STATE.
A state, territory, or possession of the United States and the District of Columbia.
(25) STATE LICENSING AUTHORITY.
A member state's regulatory body responsible for issuing cosmetology licenses or otherwise overseeing the practice of cosmetology in that state.
Section 3.
(a) To be eligible to join this Compact,compact, and to maintain eligibility as a member state, a state must do all of the following:
(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.
(5) Implement procedures for considering 1one or more of the following categories of information from applicants for licensure:
criminalCriminal history,history; disciplinary history, or background check.
Thedisciplinary procedureshistory; may include the submission of information by applicants to obtain an applicant’s background check as defined in this Charter.
(6)or Participatebackground incheck. the data system, including by using unique identifiers.
(7)The Shareprocedures informationmay relatedinclude tothe adversesubmission actionsof withinformation theby Commissionapplicants andfor otherthe memberpurpose states,of bothobtaining throughan theapplicant's databackground systemcheck. and otherwise.
(8)(6) NotifyParticipate the Commission and other member states, in compliance with the termsdata ofsystem, thisincluding Compactthrough and the rules,use of theunique existenceidentifying ofnumbers. investigative information or current significant investigative information in the state’s possession regarding a licensee practicing in that state.
(9)(7) ComplyShare withinformation rulesrelated thatto adverse actions with the Commissioncommission mayand enactother tomember administerstates, thisboth Compact.through the data system and otherwise.
(10)(8) AcceptNotify licenseesthe fromcommission and other member statesstates, asin establishedcompliance inwith §the 5144terms of thisthe title.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 rules adopted by the commission to administer the compact.
(10) Accept licensees from other member states as established herein.
DLS(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.
MDWHowever, :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.
AF(d) PageNothing 4in this compact shall affect the requirements established by a member state for the issuance of 22a Released:single-state license.
01/26/2026(e) 03:28A PMmultistate (c)license Individualsissued notto residinga inlicensee by a memberhome state continue to bea ableresident toof applythat forstate ashall memberbe state’srecognized single-stateby licenseeach member state as providedauthorizing undera thelicensee lawsto ofpractice cosmetology in each member state.
However,(f) theAt single-stateno licensepoint grantedshall tothe thesecommission individualshave doesthe notpower grantto adefine multistatethe licenseeducational toor provideprofessional servicesrequirements infor anya otherlicense memberto state.practice cosmetology.
(d)The Nothingmember instates thisshall Compactretain affectssole thejurisdiction requirementsover established by a member state for the issuanceprovision of athese single-requirements. state license.
(e)Section A4. multistate license issued to a licensee by a home state to a resident of that state must be recognized by each member state as authorizing a licensee to practice cosmetology in each member state.
(f) At no point does the Commission have the power to define the educational or professional requirements for a license to practice cosmetology.
The member states retain sole jurisdiction over the provision of these requirements.
§ 5144.
(a) To be eligible to apply to theirhis or her home state’sstate's state licensing authority for an initial multistate license under this Compact,compact, a licensee must hold an active and unencumbered single-state license to practice cosmetology in theirhis or her home state.
(b) Upon the receipt of an application for a multistate license, according to the rules,rules of the commission, a member state’sstate's state licensing authority shall determineascertain ifwhether the applicant meets the requirements for a multistate license under this Compact.compact.
(c) If an applicant meets the requirements for a multistate license under this Compactcompact and any applicable rules,rules of the commission, the state licensing authority in receipt of thePage application8 shallHB246 grant,Enrolled the application, within a reasonable time, shall grant a multistate license to that applicantapplicant, and inform all member states of the grant of the multistate license.
(d) A multistate license to practice cosmetology issued by a member state’sstate's state licensing authority mustshall be recognized by each member state as authorizing the practice ofthereof cosmetology as though that licensee held a single-state license to practicedo cosmetologyso in each member state, subject to the restrictions inherein. this section.
(e) A multistate license granted underpursuant to this Compactcompact may be effective for a definite period,period of time, concurrent with the licensure renewal period in the home state.
(f) To maintain a multistate license under this Compact,compact, a licensee mustshall do all of the following:
(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 cosmetology services.
(2) Pay all required fees related to the application and process, and any other fees which the Commissioncommission may by rule require.
(3) Comply with any and all other requirements regarding multistate licenses which the Commissioncommission may by rule provide.
DLS(g) :A licensee practicing in a member state is subject to all scope of practice laws governing cosmetology services in that state.
MDWPage :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.
AFSection Page5. 5 of 22 Released:
01/26/2026 03:28 PM (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 under this Compact subjects 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.
§5145.
(a) A licensee may hold a multistate license, issued by theirhis or her home state, in only 1one member state at any given time.
(b)(1)(b) If a licensee changes theirhis or her home state by moving between 2two member states,states: the licensee shall immediately apply for the reissuance of their multistate license in their new home state.
(1) The licensee shall payimmediately allapply applicablefor feesthe andreissuance notifyof thehis prioror homeher statemultistate license in accordancehis withor theher rules.new home state.
(2)The Uponlicensee receiptshall ofpay anall applicationapplicable tofees reissueand anotify multistate license, the newprior home state shallin verifyaccordance thatwith the multistaterules license is active, unencumbered, and eligible for reissuance under the terms of this Compact and the rules.commission.
The(2) multistateUpon licensereceipt issuedof byan application to reissue a multistate license, the formernew home state mustshall beverify deactivatedthat the multistate license is active, unencumbered, and alleligible memberfor statesreissuance notifiedunder inthe accordanceterms withof the applicablecompact rulesand adoptedthe byrules of the Commission.commission.
(3)The Ifmultistate requiredlicense forissued initialby licensure, the newprior home state mayshall requirebe adeactivated backgroundand check,all asmember specifiedstates notified in theaccordance lawswith of the newapplicable homerules state,adopted orby the compliancecommission. with any jurisprudence requirements of the new home state.
(4)(3) NotwithstandingIf anyrequired otherfor provisioninitial oflicensure, thisthe Compact,new ifhome astate licenseemay doesrequire nota meetbackground thecheck requirementsas setspecified forth in this Compact for the reissuancelaws of athat multistate license by the new home state, thenor the licenseecompliance iswith subjectany tojurisprudence thePage new10 homeHB246 state’sEnrolled requirements forof the issuancenew ofhome a single-state license in that state.
(c)(4) IfNotwithstanding aany licenseeother changesprovision theirof primarythis statecompact, ofif residencea bylicensee movingdoes fromnot ameet memberthe staterequirements toset aforth nonmemberin state,this orcompact fromfor the reissuance of a nonmembermultistate statelicense toby athe membernew home state, then the licensee isshall be subject to the new home state requirements for the issuance of a single-single-state state license in thethat new home state.
(d)(c) NothingIf ina thislicensee Compactchanges interfereshis withor her primary state of residence by moving from a licensee’smember abilitystate to holda 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 multiplethe states;new home state.
however,(d) forNothing thein purposes of this Compact,compact ashall licenseeinterfere maywith havea onlylicensee's 1ability hometo statehold anda onlysingle-state 1license multistatein license.multiple states;
(e)however, Nothingfor inthe thispurposes Compactof interferesthis withcompact, thea requirementslicensee establishedshall byhave aonly memberone statehome forstate, theand issuanceonly ofone amultistate single-state license.
§(e) 5146.Nothing in this compact shall interfere with the requirements established by a member state for the issuance of a single-state license.
AuthoritySection of6. the Cosmetology Licensure Compact Commission and state licensing authorities.
(a)Authority Nothingof in this Compact, or any Commission rule or regulation, may be construed to limit, restrict, or in any way reduce the abilitycompact ofcommission aand member state tolicensing enactauthorities. and enforce laws, regulations, or other rules related to the practice of DLS :
MDW(a) :Nothing in this compact, nor any rule 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 this compact.
AF Page 611 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 22cosmetology Released:according to this compact.
01/26/2026(c) 03:28Discipline PMshall cosmetologybe inthe thatsole state,responsibility whereof thosethe laws,state regulations,in orwhich othercosmetology rulesservices are notprovided. inconsistent with the provisions of this Compact.
(b)Accordingly, Insofareach as practical, a member state’sstate's state licensing authority shall cooperatebe withresponsible thefor Commissionreceiving complaints about individuals practicing cosmetology in that state, and withfor eachcommunicating entityall exercisingrelevant independentinvestigative regulatoryinformation authorityabout overany adverse action to the practiceother ofmember cosmetologystates accordingthrough the data system in addition to any other methods the provisionscommission ofmay thisby Compact.rule require.
(c)Section Discipline7. is the sole responsibility of the state in which cosmetology services are provided.
Accordingly, each state licensing authority is responsible for receiving complaints about individuals practicing cosmetology in that state, and for communicating all relevant investigative information about any adverse action to the other member states through the data system in addition to any other methods the Commission may by rule require.
§ 5147.
(a) A licensee’slicensee's home state hasshall have exclusive power to impose an adverse action against a licensee’slicensee's multistate license issued by the home state.
(c) In addition to the powers conferred by state law, each remote state’sstate's state licensing authority hasshall have the power to do all of the following:
(1) Take adverse action against a licensee’slicensee's authorization to practice cosmetology through the multistate license in that member state, provided that:
Only the licensee’slicensee's home state hasshall have the power Page 12 HB246 Enrolled to take adverse action against the multistate license issued by the home state.state;
and b.
For the purposes of taking adverse action, the home state’sstate's state licensing authority shall give the same priority and effect to reported conduct received from a remote state as it would if the reported conduct had occurred within the home state.
(2) Issue cease and desist orders or impose an encumbrance on a licensee’slicensee's authorization to practice within that remotemember state.
(3) Complete any pending investigationinvestigations of a licensee who changes theirhis homeor her primary state of residence during the course of such an investigation.
The state licensing authority mayshall also be empowered to report the results of an investigation to the Commissioncommission through the data system as described inherein. § 5150 of this title.
DLS(4) :Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, as well as the production of evidence.
MDWSubpoenas :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 the court.
AFThe issuing state licensing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service Page 713 HB246 Enrolled statutes of 22the Released:state in which the witnesses or evidence are located.
01/26/2026 03:28 PM (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 must be enforced in the latter member 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.
(6) Take adverse action against the licensee’slicensee's authorization to practice in that state based on the factual findings of another remote state.
(d) A licensee’slicensee's home state shall complete any pending investigation of a cosmetologist who changes theirhis or her primary state of residence during the course of the investigation.
The home state mayshall also have the authority to take appropriate action and shall promptly report the conclusions of the investigations to the data system.
(e) If aan homeadverse stateaction takesis antaken adverseby actionthe home state against a licensee’slicensee's multistate license, the licensee’slicensee's authorization to practice in all other member states mustshall 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’slicensee's multistate license mustshall include a statement that the cosmetologist’scosmetologist's authorization to practice is deactivated in all member states during the pendency of the order.
(f) Nothing in this Compactcompact overridesshall override a member state’sstate's authority to accept a licensee’slicensee's participation in an alternative program in lieu of adverse action.
A licensee’slicensee's multistate license isshall be suspended for the duration of the licensee’sPage 14 HB246 Enrolled licensee's participation in any alternative program.
(2) Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under thisthe Compact.compact.
§Section 5148.8.
Active duty military members and their spouses.
DLSActive :duty military personnel military members, or their spouses, shall designate a home state where the individual has a current license to practice cosmetology in good standing.
MDWThe :individual may retain his or her home state designation during any period of service when that individual or his or her spouse is on active duty assignment.
AFSection Page9. 8 of 22 Released:
01/26/2026 03:28 PM An active military member, or their spouse, 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.
§ 5149.
(a) The Compactcompact member states hereby create and establish a joint government agency,agency known as the Cosmetology Licensure Compact Commission, whose membership consists of all member states that have enacted thisthe Compact.compact known as the Cosmetology Licensure Compact Commission.
The Commissioncommission is an instrumentality of thisthe Compactcompact member states acting jointly and not an instrumentality of any one state.
The Commissioncommission shall come into existence on or after the effective date of thisthe Compactcompact as set forth in §Section 515313. of this title.
Page 15 HB246 Enrolled (1) Each member state hasshall have and isbe limited to 1one delegate selected by that member state’sstate's state licensing authority.
(2) The delegate mustshall be an administrator of the member state’s state licensing authority of the member state or theirhis or her designee.
(3) The Commissioncommission shall by rule or bylaw establish a term of office for delegates and may by rule or bylaw establish term limits.
(4) The Commissioncommission may recommend removal or suspension of any delegate from office.
(5) A member state’sstate's state licensing authority shall fill any vacancy of its delegate occurring on the Commissioncommission within 60 days of the vacancy.
(6) Each delegate isshall be entitled to 1one vote on all matters that are voted on by the Commission.commission.
(7) The Commissioncommission shall meet at least once during each calendar year.
Additional meetings may be held as set forth in the Commission’s bylaws.
The Commissioncommission may meet by telecommunication, video conference,conference or other similar electronic means.
(c) The Commissioncommission hasshall do all of the followingfollowing: powers:
(1) Establish the fiscal year of the Commission.commission.
(5) Meet and take actions that are consistent with thethis provisionscompact, ofPage this16 Compact,HB246 Enrolled the commission's rules, and the Commission’s bylaws.
(6) Initiate and conclude legal proceedings or actions in the name of the Commission,commission; provided that the standing of any state licensing authority to sue or be sued under applicable law may not be affected.
DLSprovided :that the standing of any state licensing authority to sue or be sued under applicable law shall not be affected.
MDW(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.
AF Page 9 of 22 Released:
01/26/2026 03:28 PM (7) Maintain and certify records and information provided to a member state as the Commission’s authenticated business records and designate an agent to do so on the Commission's behalf.
(9) Borrow, accept, or contract for services of personnel,personnel includingincluding, but not limited to, employees of a member state.
(11) Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of thisthe Compact,compact, and establish the Commission’scommission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;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 inherein thisshall section may 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 Page 17 HB246 Enrolled requirement for the grant of a multistate license.
(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 Commissioncommission 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 intherein. such property.
(19) Appoint committees, including standing committees, composed of members, state regulators, state legislators or their representatives, and consumer representatives, and other interested personsindividuals as may be designated in this Compactcompact and the Commission’s bylaws.
(21) Elect a Chair,chair, Vicevice Chair,chair, Secretarysecretary, andtreasurer, Treasurer and other officers of the Commissioncommission as provided in the Commission’scommission's bylaw.bylaws.
(22) Establish and elect an Executiveexecutive Committee,committee, including a chair and a vice chair.
DLS(23) :Adopt and provide to the participating member Page 18 HB246 Enrolled states an annual report.
MDW(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.
AF(25) PagePerform 10other functions as may be necessary or appropriate to achieve the purposes of 22this Released:compact.
01/26/2026(d) 03:28The PMexecutive (23)committee. Adopt and provide an annual report to the member states.
(24)(1) DetermineThe whetherexecutive acommittee state’sshall adoptedhave languagethe ispower materiallyto differentact fromon thebehalf modelof Compactthe languagecommission suchaccording thatto the stateterms wouldof not qualify for participation in this Compact.compact.
(25)The Performpowers, otherduties, functionsand asresponsibilities mayof bethe necessaryexecutive orcommittee appropriateshall toinclude achieveall the purposes of thisthe Compact.following:
(d) The Executive Committee.
(1) The Executive Committee has 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 include all of the following:
Overseeing the day-to-day activities of the administration of thisthe Compactcompact including compliance with the provisionscompact, of this Compact, the Commission’scommission's rules and bylaws, and other such duties as deemed necessary.
Recommending to the Commissioncommission changes to the rules or bylaws, changes to this Compactcompact legislation, fees charged to Compactcompact member states, fees charged to licensees, and other fees.
Ensuring Compactcompact administration services are appropriately provided, including by contract.
Maintaining financial records on behalf of the Commission.commission.
Monitoring Compactcompact compliance of member states and providing compliance reports to the Commission.commission.
Exercising the powers and duties of the Commissioncommission Page 19 HB246 Enrolled during the interim between Commissioncommission meetings, except for adopting or amending rules, adopting or amending bylaws, and exercising any other powers and duties expressly reserved to the Commissioncommission by rule or bylaw.
Other duties as provided in the rules or thebylaws Commission’sof bylaws.the commission.
(2) The Executiveexecutive Committeecommittee isshall be composed of up to 7seven voting members.members:
The Chairchair and Vicevice Chairchair of the Commissioncommission and any other members of the Commissioncommission who serve on the Executiveexecutive Committeecommittee areshall be voting members of the Executiveexecutive Committee.committee.
Other than the Chair,chair, Vicevice Chair,chair, Secretarysecretary, and Treasurer,treasurer, the Commissioncommission shall elect 3three voting members from the current membership of the Commission.commission.
The Commissioncommission may elect ex-officio,ex officio, nonvoting members from a recognized national cosmetology professional association as approved by the Commission.commission.
The Commission’scommission's bylaws mustshall identify qualifying organizations and the manner of appointment if the number of organizations seeking to appoint an ex-officioex officio member exceeds the number of members specified in this section.
DLS(3) :The commission may remove any member of the executive committee as provided in the commission's bylaws.
MDW(4) :The executive committee shall meet at least annually.
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01/26/2026 03:28 PM (3) The Commission may remove any Executive Committee member as provided in the Commission’s bylaws.
(4) The Executive Committee shall meet at least annually.
Annual Executiveexecutive Committeecommittee meetings, as well as any Executiveexecutive Committeecommittee meeting at which itthe executive committee does not take or intend to take formal action on a matter for Page 20 HB246 Enrolled which a Commissioncommission vote would otherwise be required, mustshall be open to the public, except that the Executiveexecutive Committeecommittee may meet in a closed, nonpublicnon-public session of a public meeting when dealing with any of the matters covered under paragraphsubdivision (f)(4)(4) of thissubsection section.(f).
The Executiveexecutive Committeecommittee shall give 5five business daysdays' advance notice of its public meetings, posted on its website and as determined to provide notice to personsindividuals with an interest in the public matters the Executiveexecutive Committeecommittee intends to address at those meetings.
(5) The Executiveexecutive Committeecommittee may hold an emergency meeting when acting for the Commissioncommission to do any of the following:
Prevent a loss of Commissioncommission or participating member state funds.
(e) The Commissioncommission shall adopt and provide to the member states an annual report.
(f) Meetings of the Commission.commission.
(1) All Commission meetings of the commission that are not closed underpursuant paragraphto (f)(4)subdivision of(4) thisshall section must be open to the public.
Notice of public meetings mustshall be posted on the Commission’scommission's website at least 30 days prior to the public meeting.
(2) Notwithstanding paragraphsubdivision (f)(1)(1), of this section, the Commissioncommission may convene an emergency public meeting by providing at least 24 hourshours' prior notice on the Commission’scommission's website, and any other Page 21 HB246 Enrolled means as provided in the Commission’scommission's rules, for any of the reasons it may dispense with notice of proposed rulemaking under §subsection 5151(l)(l) of thisSection title.11.
The Commission’scommission's legal counsel shall certify that 1one of the reasons justifying an emergency public meeting has been met.
(3) TheNotice notice of aall Commissioncommission meetingmeetings mustshall 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.
If(4) theThe meetingcommission ismay toconvene bein helda orclosed, accessiblenon-public viameeting telecommunication,for video conference, or other electronic means, the noticecommission mustto includediscuss theany mechanismof for access to the meeting.following:
(4)a. The Commission may convene in a closed, nonpublic meeting for the Commission to discuss any of the following:
DLSNon-compliance :of a member state with its obligations under the compact.
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01/26/2026 03:28 PM a.
Non-compliance of a member state with its obligations under this Compact.
The employment, compensation, discipline, or other matters, practicespractices, or procedures related to specific employees or other matters related to the Commission’scommission's internal personnel practices and procedures.
Current or threatened discipline of a licensee by the Commissioncommission or by a statemember state's licensing authority.
Accusing any personindividual of a crime or formally censuring any person.individual.
Page 22 HB246 Enrolled h.
Information of a personal nature ifwhere disclosure of the information would constitute a clearly unwarranted invasion of personal privacy.
Investigative records compiled for law-enforcementlaw enforcement purposes.
Information related to any investigative reports prepared by,by or on behalf of,of or for use of the Commissioncommission or other committee charged with responsibility of investigation or determination of compliance issues underpursuant thisto Compact.the compact.
Other matters as promulgatedadopted by the Commissioncommission 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 suchthe reference mustshall be recorded in the minutes.
(6) The Commissioncommission 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 fortherefore, taking the actions, including a description of the views expressed.
All documents considered in connection with an action mustshall be identified in the minutes.
All minutes and documents of a closed meeting mustshall remain under seal, subject to release only by a majority vote of the Commissioncommission or order of a court of competent jurisdiction.
(g) Financing of the Commission.commission.
(1) The Commissioncommission shall pay, or provide for the Page 23 HB246 Enrolled payment of, the reasonable expenses of its establishment, organization, and ongoing activities.
(2) The Commissioncommission may accept any and all appropriate sources of revenue, donations, and grants of money, equipment, supplies, materials, and services.
DLS(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 shall be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources.
MDWThe :aggregate annual assessment amount for member states shall be allocated based upon a formula that the commission shall adopt by rule.
AF(4) PageThe 13commission shall not incur obligations of 22any Released:kind prior to securing the funds adequate to meet the same;
01/26/2026nor 03:28shall PMthe (3)commission Thepledge Commissionthe maycredit levyof onany andmember collectstates, anexcept annualby assessment from each member state and imposewith fees on licensees of member states to whom it grants a multistate license to cover the costauthority of the operationsmember andstate. activities of the Commission and its staff.
(5) The annualcommission assessmentshall andkeep feesaccurate mustaccounts beof inall areceipts totaland amountdisbursements. sufficient to cover the Commission’s annual budget, as approved each year, for which revenue is not provided by other sources.
The aggregatereceipts annualand assessmentdisbursements amountof forthe membercommission statesshall must be allocatedsubject basedto onthe afinancial formulareview thatand theaccounting Commissionprocedures shallestablished promulgateunder byits rule.bylaws.
(4)All Thereceipts Commissionand maydisbursements notof incurfunds obligationshandled ofby anythe kindcommission priorshall be subject to securingan annual financial review by a certified or licensed public accountant, and the fundsreport adequateof tothe meetfinancial review shall be included in and become part of the obligations.annual report of the commission.
ThePage Commission24 mayHB246 notEnrolled pledge(h) theQualified creditimmunity, ofdefense, any member states, except by and withindemnification. the authority of the member state.
(5)(1) The Commissionmembers, shallofficers, keepexecutive accuratedirector, accountsemployees, and representatives of allthe receiptscommission shall be immune from suit and disbursements.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 individual against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities;
Theprovided receiptsthat andnothing disbursementsin ofthis thesubdivision Commissionshall arebe subjectconstrued to protect any individual from suit or liability for any damage, loss, injury, or liability caused by the financialintentional reviewor andwillful accountingor procedureswanton establishedmisconduct underof itsthat bylaws.individual.
AllThe receiptsprocurement andof disbursementsinsurance of fundsany handledtype by the Commissioncommission areshall subjectnot toin anany annualway financialcompromise review by a certified or licensedlimit public accountant, and the reportimmunity ofgranted thehereunder. financial review must be included in and become part of the Commission’s annual report.
(h)(2) QualifiedThe immunity,commission defense,shall defend any member, officer, executive director, employee, and indemnification.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 individual against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities;
(1)provided Thethat members,nothing officers,herein executiveshall director,be employeesconstrued andto representativesprohibit ofthat theindividual Commission are immune from suitretaining andhis liability, both personally and in their official capacity, for any claim for damage to or lossher ofown property,counsel personalat injury,his orPage other25 civilHB246 liabilityEnrolled caused by or arisingher outown ofexpense; 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.
Nothingand inprovided thisfurther, paragraphthat maythe beactual construedor toalleged protectact, anyerror, such person from suit or liabilityomission fordid anynot damage,result loss,from injury,that orindividual's liability caused by the intentional or willful or wanton misconductmisconduct. of that person.
(3) The procurementcommission shall indemnify and hold harmless any member, officer, executive director, employee, and representative of insurancethe commission for the amount of any typesettlement byor thejudgment Commissionobtained doesagainst notthat inindividual arising out of any wayactual compromiseor alleged act, error, or limitomission that occurred within the immunityscope grantedof undercommission thisemployment, paragraphduties, (h)(1).or responsibilities, or that the individual 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 individual.
(2)(4) TheNothing Commissionherein shall defendbe anyconstrued member,as officer,a executivelimitation director,on employee, and representative of the Commission in any civil action seeking to impose liability arising out of any actuallicensee orfor allegedprofessional act,malpractice error, or omissionmisconduct, thatwhich occurredshall withinbe thegoverned scopesolely of Commission employment, duties, or responsibilities, or as determined by theany Commissionother thatapplicable thestate personlaws. against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities if the actual or alleged act, error, or omission did not result from that person’s intentional or willful or wanton misconduct.
(5) Nothing in this sectioncompact mayshall be construedinterpreted to prohibitwaive thator personotherwise fromabrogate retaininga theirmember ownstate's counselstate ataction theirimmunity ownor expense.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.
DLS(6) :Nothing in this compact shall be construed to be a waiver of sovereign immunity by the member states or by the commission.
MDWPage :26 HB246 Enrolled Section 10.
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01/26/2026 03:28 PM (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 the person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, if the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.
(4) Nothing in this section may be construed as a limitation on the liability of any licensee for professional malpractice or misconduct, which is governed solely by any other applicable state laws.
(5) Nothing in this Compact may 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 may be construed to be a waiver of sovereign immunity by the member states or by the Commission.
§ 5150.
(a) The Commissioncommission shall provide for the development, maintenance, operation, and utilization of a coordinated database and reporting system.
(b) The Commissioncommission shall assign each applicant for a multistate license a unique identifier, as determined by the rules.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 Compactcompact is applicable as required by the rules,rules including all of the following:commission, including:
(3) Adverse actions against a license and information related tothereto. the adverse actions.
(4) Non-confidential information related to alternative program participation, the beginning and ending dates of such participation, and other information related to such participation.
(5) Any denial of application for licensure, and the reasonreasons for the denial, excluding the reporting of any criminal history record information where prohibited by law.
DLS(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.
MDWPage :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.
AF(e) PageThe 15existence of 22current Released:significant investigative information and the existence of investigative information pertaining to a licensee in any member state shall only be available to other member states.
01/26/2026 03:28 PM (8) Other information that may facilitate the administration of this Compact or the protection of the public, as determined by the rules.
(d) When certified by the Commission or an agent of the Commission, the records and information provided to a member state under this Compact or through the data system constitute the authenticated business records of the Commission and are 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 is only available to other member states.
Adverse action information pertaining to a licensee or license applicant in any member state isshall 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 member state.
(h) Any information submitted to the data system that is subsequently expunged underpursuant to federal law or the laws of the member state contributing the information mustshall be removed from the data system.
§Section 5151.11.
(a) The Commissioncommission shall promulgateadopt reasonable rules in order to effectively and efficiently implement and administer Page 28 HB246 Enrolled the purposes and provisions of this Compact.compact.
A rule isshall be invalid and hashave no force or effect only if a court of competent jurisdiction holds that the rule is invalid because the Commissioncommission exercised its rulemaking authority in a manner that is beyond the scope and purposes of thisthe Compact,compact, or the powers granted underhereunder, this Compact, or based onupon another applicable standard of review.
(b) The rules of the commission shall have the force of law in each member state.
ButWhere if a court of competent jurisdiction holds that the rules of the Commissioncommission conflict with the laws of the member state that establish the member state’sstate's scope of practice laws governing the practice of cosmetology,cosmetology as held by a court of competent jurisdiction, the rules areof the commission shall be ineffective in that state to the extent of the conflict.
(c) The Commissioncommission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted underthereunder. this section.
Rules shall become binding as of the date specified by the Commissioncommission 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 thisthe Compactcompact within 4four years of the date of adoption of the rulerule, then the rule hasshall have no further force and effect in any member state or to any state applying to participate in thisthe Compact.compact.
(e) Rules mustshall be adopted at a regular or special meeting of the Commission.commission.
DLS(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.
MDW(g) :Prior to adoption of a proposed rule by the commission, and at least 30 days in advance of the meeting at which the commission shall hold a public hearing on the proposed rule, the commission shall provide a notice of proposed rulemaking to all of the following:
AF(1) PageOn 16the website of 22the Released:commission or other publicly accessible platform.
01/26/2026(2) 03:28To PMindividuals (f)who Priorhave torequested adoptionnotice of a proposed rule, the Commissioncommission's shallnotices holdof aproposed publicrulemaking. hearing and allow persons to provide oral and written comments, data, facts, opinions, and arguments.
(g)(3) PriorIn toother adoptionways ofas athe proposedcommission rulemay by therule Commission,specify. and at least 30 days in advance of the meeting at which the Commission will hold a public hearing on the proposed rule, the Commission shall provide a notice of proposed rulemaking as follows:
(1)(h) OnThe thenotice website of theproposed Commissionrulemaking orshall otherinclude publiclyall accessibleof platform.the following:
(2)(1) ToThe personstime, whodate, haveand requestedlocation notice of the Commission’spublic noticeshearing 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 rulemaking.rule.
(3)(2) InIf the hearing is held via telecommunication, video conference, or other wayselectronic asmeans, the Commissioncommission mayshall byinclude rulethe specify.mechanism for access to the hearing in the notice of proposed rulemaking.
(h)(3) The noticetext of the proposed rulemakingrule mustand include all of the following:reason therefor.
(1)(4) TheA time,request date,for and location of the public hearing at which the Commission will hear public comments on the proposed rule and,from ifPage different,30 theHB246 time,Enrolled date,any andinterested locationindividual. of the meeting where the Commission will consider and vote on the proposed rule.
(2)(5) IfThe themanner publicin hearingwhich isinterested heldindividuals viamay telecommunication,submit videowritten conference,comments. or other electronic means, the mechanism for access to the hearing.
(3)(i) TheAll texthearings ofshall thebe proposedrecorded. rule and the reason for the proposed rule.
(4) A requestcopy forof the recording and all written comments onand documents received by the commission in response to the proposed rule fromshall anybe interestedavailable person.to the public.
(5)(j) TheNothing manner in whichthis interestedsection personsshall maybe submitconstrued writtenas comments.requiring a separate hearing on each rule.
(i)Rules Allmay publicbe grouped for the convenience of the commission at hearings mustrequired beby recorded.this section.
A(k) copyThe ofcommission, theby recordingmajority andvote of all writtenmembers, commentsshall andtake documentsfinal receivedaction byon the Commissionproposed inrule responsebased toon the proposedrulemaking rulerecord mustand bethe availablefull totext of the public.rule.
(j)(1) NothingThe incommission thismay sectionadopt maychanges beto construedthe asproposed requiringrule aprovided separatethe hearingchanges ondo eachnot enlarge the original purpose of the proposed rule.
Rules(2) mayThe becommission groupedshall forprovide thean convenienceexplanation of the Commissionreasons atfor publicsubstantive hearingschanges requiredmade byto thisthe section.proposed rule as well as reasons for substantive changes not made that were recommended by commenters.
(k)(3) The Commissioncommission shall,shall bydetermine majoritya votereasonable ofeffective alldate members,for take final action on the proposed rule based on the rulemaking record and the full text of the rule.
(1)Except Thefor Commissionan mayemergency adoptas changesprovided toin subsection (l), the proposedeffective ruledate ifof the changesrule doshall notbe enlargeno thesooner originalthan purpose45 ofdays after the proposedcommission issuing the notice that it adopted or amended the rule.
(2)(l) TheUpon Commissiondetermination shallthat provide an explanationemergency ofexists, the reasonscommission formay substantiveconsider changesand madeadopt an emergency rule with five Page 31 HB246 Enrolled days' notice, with opportunity to comment, provided that the proposedusual rulerulemaking procedures provided in this compact and in this section shall be retroactively applied to the reasonsrule foras substantivesoon changesas notreasonably madepossible, thatin wereno recommendedevent bylater commenters.than 90 days after the effective date of the rule.
(3)For Thethe Commissionpurposes of this subsection, an emergency rule is one that shall determinebe aadopted reasonableimmediately effectiveto datedo forany of the rule.following:
Except for an emergency as provided in subsection (l) of this section, the effective date of the rule may not be sooner than 45 days after the Commission issuing the notice that it adopted or amended the rule.
DLS :
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01/26/2026 03:28 PM (l) Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule with 5 days’ notice, with opportunity to comment, if the usual rulemaking procedures provided in this Compact and in this section are retroactively applied to the rule as soon as reasonably possible, but not later than 90 days after the effective date of the rule.
For the purposes of this provision, an emergency rule is one that must be adopted immediately to do any of the following:
(2) Prevent a loss of Commissioncommission or member state funds.
(3) Meet a deadline for the promulgationadoption of a rule that is established by federal law or rule.
(m) The Commission,commission or an authorized committee of the Commission,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 mustshall be posted on the Commission’swebsite website.of the commission.
The revision isshall be subject to challenge by any personindividual for a period of 30 days after posting.
A challenge mustshall be made in writing and delivered to the Commissioncommission prior to the end of the notice period.
If no challenge is made, the revision takesshall take effect without further action.
If the revision is challenged, the revision may not take effect without the Commission’sapproval approval.of the commission.
(n) ANo member state’sstate's rulemaking requirements doshall notPage 32 HB246 Enrolled apply under this Compact.compact.
§Section 5152.12.
(1) The executive and judicial branches of state government in each member state shall enforce this Compactcompact and take all actions necessary and appropriate to implement this Compact.compact.
(2) Venue is proper and judicial proceedings by or against the Commissioncommission mustshall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commissioncommission is located.
The Commissioncommission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.
Nothing inherein thisshall subsectionaffect affects or limitslimit the selection or propriety of venue in any action against a licensee for professional malpractice, misconduct,misconduct or any similar matter.
(3) The Commissioncommission ismay entitled to receive service of process in any proceeding regarding the enforcement or interpretation of thisthe Compactcompact and hasshall have standing to intervene in suchany a proceeding for all purposes.
Failure to provide the Commissioncommission service of process rendersshall render a judgment or order void as to the Commission,commission, this Compact,compact, or promulgatedadopted rules.
DLS(b) :Default, technical assistance, and termination.
MDW(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.
AFThe Pagenotice 18of default shall describe the default, the proposed means of 22curing Released:the default, and any other action that the commission may take, and shall offer training and specific technical assistance regarding the default.
01/26/2026(2) 03:28The PMcommission (b)shall Default,provide technicala assistance,copy andof termination.the notice of default to the other member states.
(1)(3) If thea Commissionstate determinesin thatdefault afails memberto cure the default, the defaulting state hasmay defaultedbe interminated from the performancecompact ofupon itsan obligationsaffirmative orvote responsibilitiesof undera thismajority Compactof or the promulgateddelegates rules,of the Commissionmember shallstates, provideand writtenall noticerights, toprivileges and benefits conferred on that state by this compact may be terminated on the defaultingeffective state.date of termination.
TheA noticecure of the default mustdoes describenot therelieve default, the proposedoffending meansstate of curingobligations theor default,liabilities andincurred anyduring other action that the Commissionperiod mayof take, and must offer training and specific technical assistance regarding the default.
(2)(4) TheTermination Commissionof membership in the compact shall providebe aimposed copyonly ofafter theall noticeother means of defaultsecuring tocompliance thehave otherbeen memberexhausted. states.
(3)Notice Ifof aintent member state in default fails to curesuspend theor default,terminate theshall defaulting state may be terminatedgiven fromby thisthe Compactcommission uponto anthe affirmativegovernor, votethe of a majority ofand theminority delegatesleaders of the memberdefaulting states,state's andlegislature, allthe rights,defaulting privileges,state's and benefits conferred on that member state bylicensing thisauthority Compactand mayeach beof terminated on the effectivemember datestates' ofstate termination.licensing authority.
A cure of the default does not relieve the defaulting state of obligations or liabilities incurred during the period of default.
(4) Termination of membership in this Compact may be imposed only after all other means of securing compliance have been exhausted.
The Commission shall give notice of intent to suspend or terminate to the defaulting state’s 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 authorities.
(6) OnUpon the termination of a state’sstate's membership from this Compact,compact, that state shall immediately provide notice ofto thePage termination34 toHB246 Enrolled all licensees who hold a multistate license within that state.state of the termination.
The terminated state shall continue to recognize all licenses granted underpursuant to this Compactcompact for a minimum of 180 days after the date of the notice of termination.
(7) The Commissioncommission doesshall not bear any costs related to a state that is found to be in default or that has been terminated from thisthe Compact,compact, unless agreed upon in writing between the Commissioncommission and the defaulting state.
(8) The defaulting state may appeal the Commission’s action of the commission by petitioning the United States District Court for the District of Columbia or the federal district where the Commissioncommission has its principal offices.
The prevailing party mustshall be awarded all costs of the litigation, including reasonable attorney’sattorney's fees.
(1) OnUpon request by a member state, the Commissioncommission shall attempt to resolve disputes related to thisthe Compactcompact that arise among member states and between member and nonmembernon-member states.
DLS(2) :The commission shall adopt a rule providing for both mediation and binding dispute resolution for disputes as appropriate.
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01/26/2026 03:28 PM (2) The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.
(1) The Commission,commission, in the reasonable exercise of its discretion, shall enforce the provisions of this Compactcompact and the commission's rules.
(2) By majority vote as provided by commission rule, Page 35 HB246 Enrolled the Commissioncommission 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 Commissioncommission has its principal officesoffice to enforce compliance with the provisions of this Compactcompact and its promulgatedadopted rules.
IfIn the event judicial enforcement is necessary, the prevailing party mustshall be awarded all costs of the litigation, including reasonable attorney’sattorney's fees.
The remedies underherein thisshall paragraphnot (d)(2)be arethe notexclusive theremedies Commission’sof exclusivethe remedies.commission.
The Commissioncommission may 991 pursue any other remedies available under federal or the defaulting member state’sstate's law.
(3) A member state may initiate legal action against the Commissioncommission in the United States District Court for the District of Columbia or the federal district where the Commissioncommission has its principal officesoffice to enforce compliance with the provisions of this Compactcompact and its promulgatedadopted rules.
IfIn the event judicial enforcement is necessary, the prevailing party mustshall be awarded all costs of the litigation, including reasonable attorney’sattorney's fees.
(4) AnNo individual or entity other than a member state may not enforce this Compactcompact against the Commission.commission.
§Section 5153.13.
(a) ThisThe Compactcompact comesshall come into effect on the date on which the Compactcompact statute is enacted into law in the seventh member state.
(1) On or after the effective date of thisthe Compact,compact, the CommissionPage 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 fromthan the model Compactcompact statute.
A charter member state whose enactment is found to be materially different from the model Compactcompact statute isshall be entitled to the default process set forth in §Section 515212. of this title.
If any member state is later found to be in default, or is terminated or withdraws from thisthe Compact,compact, the Commissioncommission remainsshall remain in existence and thisthe Compactcompact remainsshall remain in effect even if the number of member states isshould be less than 7.seven.
DLS(2) :Member states enacting the compact subsequent to the charter member states shall be subject to the process set forth in subdivision (c)(24) of Section 9 to determine if their enactments are materially different from the model compact statute and whether they qualify for participation in the compact.
MDW(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.
AF(4) PageAny 20state ofthat 22joins Released: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.
01/26/2026Any 03:28rule PMthat (2)has Memberbeen statespreviously enactingadopted thisby Compact subsequent to the chartercommission membershall stateshave arethe subjectPage to37 theHB246 processEnrolled setfull forthforce inand §effect 5149(c)(24) of thislaw titleon tothe determineday if their enactments are materially different from the modelcompact Compactbecomes statutelaw and whether they qualify for participation in thisthat Compact.state.
(3)(b) AllAny actionsmember takenstate formay thewithdraw benefitfrom of the Commission or in furtherance of the purposes of the administration of this Compactcompact priorby toenacting thea effectivestatute daterepealing ofthat thisstate's Compactenactment or the Commission coming into existence are considered to be actions of the Commissioncompact. unless specifically repudiated by the Commission.
(4)(1) AnyA statemember thatstate's joinswithdrawal thisshall Compactnot istake subjecteffect tountil the180 rulesdays andafter theenactment Commission’sof bylaws as they exist on the daterepealing onstatute. which this Compact becomes law in that state.
Any(2) ruleWithdrawal thatshall hasnot beenaffect previouslythe adoptedcontinuing byrequirement of the Commissionwithdrawing hasstate's thestate fulllicensing forceauthority andto effectcomply ofwith lawthe oninvestigative theand dayadverse action reporting requirements of this Compactcompact becomesprior lawto inthe thateffective state.date of withdrawal.
(b)(3) AnyUpon memberthe stateenactment mayof withdrawa statute withdrawing from this Compactcompact, by enacting a statutestate repealingshall thatimmediately state’sprovide enactmentnotice of thisthe Compact.withdrawal to all licensees within that state.
(1)Notwithstanding Aany membersubsequent state’sstatutory withdrawalenactment mayto notthe takecontrary, effectthe untilwithdrawing state shall continue to recognize all licenses granted pursuant to this compact for a minimum of 180 days after enactmentthe date of thenotice repealingof statute.withdrawal.
(2)(c) WithdrawalNothing doescontained notin affectthis thecompact continuingshall requirementbe ofconstrued theto withdrawinginvalidate state’sor stateprevent licensingany authoritylicensure toagreement complyor withother thecooperative investigativearrangement andbetween adversea actionmember reportingstate requirementsand ofa thisnon-member Compactstate priorthat todoes thenot effectiveconflict datewith ofthis withdrawal.compact.
(3)(d) OnThis thecompact enactmentmay ofbe aamended statuteby withdrawing from this Compact, a state shall immediately provide notice of the withdrawalmember tostates. all licensees within that state.
NotwithstandingNo anyamendment subsequent statutory enactment to thethis contrary,compact the withdrawing state shall continuebecome toeffective recognizeand allbinding licensesupon grantedany undermember thisstate Compactuntil forit ais minimumenacted ofinto 180 days after the datelaws of theall noticemember ofstates. withdrawal.
(c)Section Nothing14. contained in this Compact may be construed to invalidate or prevent any licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this Compact.
(d) This Compact may be amended by the member states.
An amendment to this Compact does not become effective and binding upon any member state until it is enacted into the laws of all member states.
§ 5154.
Page 38 HB246 Enrolled (a) This Compactcompact and the Commission’scommission's rulemaking authority mustshall be liberally construed so as to effectuate the purposes, and the implementation and administration of thisthe Compact.compact.
Provisions of thisthe Compactcompact expressly authorizing or requiring the promulgationadoption of rules mayshall not be construed to limit the Commission’scommission's rulemaking authority solely for those purposes.
DLS(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, individual, 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, individual, or circumstance shall not be affected thereby.
MDW(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 constitutional requirement of a member state is a material departure from the compact.
AFOtherwise, Pageif 21this compact shall be held to be contrary to the constitution of 22any Released: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.
01/26/2026Page 03:2839 PMHB246 (b)Enrolled TheSection provisions15. of this Compact are severable.
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 this 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 may not be affected.
(c) Notwithstanding subsection (b) of this section, the Commission may deny a state’s participation in this Compact or, in accordance with the requirements of § 5152 of this title, terminate a member state’s participation in this Compact, if it determines that a constitutional requirement of a member state is a material departure from this Compact.
Otherwise, if this Compact is held to be contrary to the constitution of any member state, this Compact remains 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.
§ 5155.
(a) Nothing inherein thisshall Compactprevent prevents or inhibitsinhibit the enforcement of any other law of a member state that is not inconsistent with this Compact.compact.
(b) Any laws, statutes, regulations, or other legal requirements in a member state in conflict with this Compactcompact are superseded to the extent of the conflict.
(c) All permissible agreements between the Commissioncommission and the member states are binding in accordance with their terms.
SYNOPSISSection This16. Act adopts the Cosmetology Licensure Compact (“Compact”).
TheThis Compactact isshall activebecome becauseeffective enoughon statesthe havefirst enactedday legislationof tothe adoptthird month following its passage and approval by the Compact.Governor, or its otherwise becoming law.
ThePage purpose40 HB246 Enrolled ________________________________________________ Speaker of the CompactHouse isof toRepresentatives reduce________________________________________________ thePresident burdensand onPresiding stateOfficer governmentsof andthe toSenate facilitateHouse andof regulateRepresentatives I hereby certify that the interstatewithin practiceAct oforiginated cosmetologyin byand creatingwas apassed frameworkby forthe aHouse multistate25-May-23, licensingas program.amended.
TheJohn multistateTreadwell licensingClerk programSenate provides06-Jun-23 increasedPassed valuePage and41 mobility to licensed cosmetologists, including military members and their spouses, and ensures safe, competent, and reliable cosmetology services are provided to the public.
The Compact allows individuals residing in a state that joins the Compact (a “member state”) to apply, through the state, for a multistate license.
A multistate license allows a qualifying licensee to practice cosmetology in all member states.
Applicants for a multistate license must hold an unrestricted license to practice cosmetology in the applicant’s home state and must meet educational, national licensing examination, and background check requirements to qualify for a multistate license.
Licensees must meet continuing competency requirements to qualify for renewal of a multistate license.
Member states share information related to disciplinary actions against licensees, investigations of licensees, and anything that would disqualify a licensee from holding a multistate license so that each member state is aware if a licensee’s authority to practice is restricted or if the licensee is disqualified from practicing cosmetology.
Author:
Senator Buckson DLS :
MDW :
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