AN ACT relating to the Cosmetology Licensure Compact.
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SB 57 — AN ACT relating to the Cosmetology Licensure Compact.
Last action — signed by Governor (Acts Ch. 64)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 06, 2023. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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Cleared a recorded vote
Passed 2 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Create a new section of KRS Chapter 317A to adopt the Cosmetology Licensure Compact; create definitions; establish requirements for member states; require licensees to apply to their home state for a multistate license; establish criteria for applicants to apply for a multistate license; limit a licensee from a home state to possessing a multistate license in only one member state at a time; require a member state's licensing authority to cooperate with the commission and with each entity exercising independent regulatory authority over the practice of cosmetology; authorize a home state to impose adverse actions against a licensees multistate license issued by the home state; establish powers of remote states participating in the compact; allow an active duty military service member or their spouse to retain their home state designation during any period of service when that individual is on active duty; create the Cosmetology Compact Commission; authorize the commission to establish an executive committee to act on behalf of the commission; establish the responsibilities of the commission and executive committee; require the commission to develop, maintain, operate, and utilize a coordinated database and reporting system that contains licensure, adverse actions, and the presence of current significant investigative information on all licensed individuals in member states; establish procedures for dispute resolution between the commission and licensees; establish withdrawal procedures for member states; provide for severability for any provision in the compact that is contrary to the constitution of any party state or of the United States of the applicability thereof to any government, agency, person, circumstance.
Bill Text
What changed in the latest version
741 added · 1001 removed741 line(s) added, 1001 removed.
UNOFFICIALCHAPTER COPY64 231 RSCHAPTER 64 ( SB 57/GA57 ) AN ACT relating to the Cosmetology Licensure Compact.
Page 1 of 34 SB005710.100 - 380 - XXXX 3/3/2023 11:02 AM GA UNOFFICIAL COPY 23 RS SB 57/GA ARTICLE 2.
"Charter Member State" means Member States who have enacted legislation to adopt this Compact where such legislation predates the effective date of this Page 2 of 34 SB005710.100 - 380 - XXXX 3/3/2023 11:02 AM GA UNOFFICIAL COPY 23 RS SB 57/GA Compact as defined in Article 13;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY G.
"Encumbered License" means a license in which an Adverse Action restricts the Page 3 of 34 SB005710.100 - 380 - XXXX 3/3/2023 11:02 AM GA UNOFFICIAL COPY 23 RS SB 57/GA Practice of Cosmetology by a Licensee, or where said Adverse Action has been reported to the Commission;
"Single-State License" means a Cosmetology license issued by a Member State Page 4 of 34 SB005710.100 - 380 - XXXX 3/3/2023 11:02 AM GA UNOFFICIAL COPY 23 RS SB 57/GA that authorizes the Practice of Cosmetology only within the issuing State and does not include any authorization outside of the issuing State;
MEMBER STATE REQUIREMENTS CHAPTER 64 3 A.
Share information related to Adverse Actions with the Commission and Page 5 of 34 SB005710.100 - 380 - XXXX 3/3/2023 11:02 AM GA UNOFFICIAL COPY 23 RS SB 57/GA other Member States, both through the Data System and otherwise;
Individuals not residing in a Member State shall continue to be able to apply for a Member State’s Single-StateSingle- State License as provided under the laws of each Member State.
Upon the receipt of an application for a Multistate License, according to the Page 6 of 34 SB005710.100 - 380 - XXXX 3/3/2023 11:02 AM GA UNOFFICIAL COPY 23 RS SB 57/GA 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.
A Multistate License to practice Cosmetology issued by a Member State’s State Licensing Authority shall be recognized by each Member State as authorizing the practice thereof as though that Licensee held a Single-StateSingle- State License to do so in each Member State, subject to the restrictions herein.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY E.
The Practice of Cosmetology under a Multistate License granted pursuant to this Compact will subject the Licensee to the jurisdiction of the State Licensing Page 7 of 34 SB005710.100 - 380 - XXXX 3/3/2023 11:02 AM GA UNOFFICIAL COPY 23 RS SB 57/GA Authority, the courts, and the laws of the Member State in which the Cosmetology Services are provided.
Notwithstanding any other provision of this Compact, if a Licensee does not meet the requirements set forth in this Compact for the reissuance of a Multistate License by the new Home State, then the Licensee shall be subject to the new Home State requirements for the issuance of a Single-Single-State State License in that State.
If a Licensee changes their primary state of residence by moving from a Member Page 8 of 34 SB005710.100 - 380 - XXXX 3/3/2023 11:02 AM GA UNOFFICIAL COPY 23 RS SB 57/GA State to a non-Member State, or from a non-Member State to a Member State, then the Licensee shall be subject to the State requirements for the issuance of a Single-State License in the new Home State.
Nothing in this Compact shall interfere with a Licensee’s ability to hold a Single-Single-State State License in multiple States;
CHAPTER 64 5 B.
ADVERSE ACTIONS Page 9 of 34 SB005710.100 - 380 - XXXX 3/3/2023 11:02 AM GA UNOFFICIAL COPY 23 RS SB 57/GA A.
Subpoenas issued by a State Licensing Authority in a Member Page 10 of 34 SB005710.100 - 380 - XXXX 3/3/2023 11:02 AM GA UNOFFICIAL COPY 23 RS SB 57/GA State for the attendance and testimony of witnesses or the production of evidence from another Member State shall be enforced in the latter State by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings before it.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY F.
A Licensee’s Multistate License shall be suspended for the duration of the Page 11 of 34 SB005710.100 - 380 - XXXX 3/3/2023 11:02 AM GA UNOFFICIAL COPY 23 RS SB 57/GA Licensee’s participation in any Alternative Program.
The Commission shall by Rule or bylaw establish a term of office for Page 12 of 34 SB005710.100 - 380 - XXXX 3/3/2023 11:02 AM GA UNOFFICIAL COPY 23 RS SB 57/GA delegates and may by Rule or bylaw establish term limits.
CHAPTER 64 7 9.
Page 13 of 34 SB005710.100 - 380 - XXXX 3/3/2023 11:02 AM GA UNOFFICIAL COPY 23 RS SB 57/GA 10.
Appoint committees, including standing committees, composed of members, Page 14 of 34 SB005710.100 - 380 - XXXX 3/3/2023 11:02 AM GA UNOFFICIAL COPY 23 RS SB 57/GA State regulators, State legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this Compact and the bylaws;
Ensuring Compact administration services are appropriately provided, Page 15 of 34 SB005710.100 - 380 - XXXX 3/3/2023 11:02 AM GA UNOFFICIAL COPY 23 RS SB 57/GA including by contract;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY e.
The Commission may remove any member of the Executive Committee as Page 16 of 34 SB005710.100 - 380 - XXXX 3/3/2023 11:02 AM GA UNOFFICIAL COPY 23 RS SB 57/GA provided in the Commission’s bylaws.
Notwithstanding Article 9.F.1, the Commission may convene an emergency public meeting by providing at least twenty-four (24) hours prior notice on the Commission’s website, and any other means as provided in the Commission’s Rules, for any of the reasons it may dispense with notice of Page 17 of 34 SB005710.100 - 380 - XXXX 3/3/2023 11:02 AM GA UNOFFICIAL COPY 23 RS SB 57/GA proposed rulemaking under Article 11.L.
CHAPTER 64 9 4.
Information related to any investigative reports prepared by or on behalf of or for use of the Commission or other committee charged Page 18 of 34 SB005710.100 - 380 - XXXX 3/3/2023 11:02 AM GA UNOFFICIAL COPY 23 RS SB 57/GA with responsibility of investigation or determination of compliance issues pursuant to the Compact;
The Commission may levy on and collect an annual assessment from each Member State and impose fees on Licensees of Member States to whom it grants a Multistate License to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not Page 19 of 34 SB005710.100 - 380 - XXXX 3/3/2023 11:02 AM GA UNOFFICIAL COPY 23 RS SB 57/GA provided by other sources.
All receipts and disbursements of funds handled by the Commission shall be subject to an annual financial review by a certified or licensed public accountant, and the Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY report of the financial review shall be included in and become part of the annual report of the Commission.
Page 20 of 34 SB005710.100 - 380 - XXXX 3/3/2023 11:02 AM GA UNOFFICIAL COPY 23 RS SB 57/GA 2.
Page 21 of 34 SB005710.100 - 380 - XXXX 3/3/2023 11:02 AM GA UNOFFICIAL COPY 23 RS SB 57/GA 6.
CHAPTER 64 11 6.
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 Page 22 of 34 SB005710.100 - 380 - XXXX 3/3/2023 11:02 AM GA UNOFFICIAL COPY 23 RS SB 57/GA relevant judicial, quasi-judicial or administrative proceedings in a Member State.
The Rules of the Commission shall have the force of law in each Member State, provided however that where the Rules of the Commission conflict with the laws of the Member State that establish the Member State’s scope of practice laws governing the Practice of Cosmetology as held by a court of competent jurisdiction, the Rules of the Commission shall be ineffective in that State to the Page 23 of 34 SB005710.100 - 380 - XXXX 3/3/2023 11:02 AM GA UNOFFICIAL COPY 23 RS SB 57/GA extent of the conflict.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 2.
If the hearing is held via telecommunication, video conference, or other Page 24 of 34 SB005710.100 - 380 - XXXX 3/3/2023 11:02 AM GA UNOFFICIAL COPY 23 RS SB 57/GA electronic means, the Commission shall include the mechanism for access to the hearing in the notice of proposed rulemaking;
Show all 53 changed lines (13 more)
Upon determination that an emergency exists, the Commission may consider and adopt an emergency Rule with five (5) days' notice, with opportunity to comment, provided that the usual rulemaking procedures provided in the Compact and in this Article shall be retroactively applied to the Rule as soon as reasonably Page 25 of 34 SB005710.100 - 380 - XXXX 3/3/2023 11:02 AM GA UNOFFICIAL COPY 23 RS SB 57/GA possible, in no event later than ninety (90) days after the effective date of the Rule.
Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction Page 26 of 34 SB005710.100 - 380 - XXXX 3/3/2023 11:02 AM GA UNOFFICIAL COPY 23 RS SB 57/GA where the principal office of the Commission is located.
CHAPTER 64 13 3.
A cure of the default does not relieve the offending Page 27 of 34 SB005710.100 - 380 - XXXX 3/3/2023 11:02 AM GA UNOFFICIAL COPY 23 RS SB 57/GA State of obligations or liabilities incurred during the period of default.
Upon request by a Member State, the Commission shall attempt to resolve disputes related to the Compact that arise among Member States and Page 28 of 34 SB005710.100 - 380 - XXXX 3/3/2023 11:02 AM GA UNOFFICIAL COPY 23 RS SB 57/GA between Member States and non-Member States.
The remedies herein shall not be the Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY exclusive remedies of the Commission.
EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT Page 29 of 34 SB005710.100 - 380 - XXXX 3/3/2023 11:02 AM GA UNOFFICIAL COPY 23 RS SB 57/GA A.
Page 30 of 34 SB005710.100 - 380 - XXXX 3/3/2023 11:02 AM GA UNOFFICIAL COPY 23 RS SB 57/GA B.
Provisions of the Compact CHAPTER 64 15 expressly authorizing or requiring the promulgation of Rules shall not be construed to limit the Commission’s rulemaking authority solely for those purposes.
Page 31 of 34 SB005710.100 - 380 - XXXX 3/3/2023 11:02 AM GA UNOFFICIAL COPY 23 RS SB 57/GA B.
APPLICABILITY OF KENTUCKY STATE GOVERNMENT In order to clarify the effect of certain provisions of this Compact and to ensure that the rights and responsibilities of the various branches of government are maintained, Page 32 of 34 SB005710.100 - 380 - XXXX 3/3/2023 11:02 AM GA UNOFFICIAL COPY 23 RS SB 57/GA the following shall be in effect in this state:
If a court of competent jurisdiction determines that the Cosmetology Licensure Compact Commission created by Article 9 of this Compact exercises its Rulemaking authority in a manner that is beyond the scope of Page 33 of 34 SB005710.100 - 380 - XXXX 3/3/2023 11:02 AM GA UNOFFICIAL COPY 23 RS SB 57/GA the purposes of this Compact, or the powers granted under this Compact, then such an action by the Commission shall be invalid and have no force or effect.
PageLegislative 34Research ofCommission 34PDF SB005710.100Version -ACTS 380OF -THE XXXXGENERAL 3/3/2023ASSEMBLY 11:02Signed AMby GAGovernor March 22, 2023.
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Action History
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signed by Governor (Acts Ch. 64)
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delivered to Governor
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enrolled, signed by Speaker of the House
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enrolled, signed by President of the Senate
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received in Senate
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3rd reading, passed 100-0
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posted for passage in the Regular Orders of the Day for Tuesday, March 14, 2023
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2nd reading, to Rules
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reported favorably, 1st reading, to Calendar
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to Licensing, Occupations, & Administrative Regulations (H)
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to Committee on Committees (H)
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received in House
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3rd reading, passed 33 -1 with Committee Substitute (1)
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posted for passage in the Consent Orders of the Day for Friday, March 03, 2023
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2nd reading, to Rules
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reported favorably, 1st reading, to Consent Calendar with Committee Substitute (1)
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to Licensing & Occupations (S)
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to Committee on Committees (S)
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introduced in Senate
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 0 co-sponsors · 138 not signed on
Sponsors (0)
None.
Co-sponsors (0)
None.
Not signed on (138)
138 members have not signed on to this bill.
Show all 138 →"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 |
|---|---|---|---|---|
| Democrat | 14 | 0 | 0 | 0 |
| Republican | 66 | 0 | 0 | 0 |
| Unaffiliated | 20 | 0 | 0 | 0 |
| Total | 100 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (100)
| Member | Party | Vote |
|---|---|---|
| Meredith | — | Yea |
| Dixon | — | Yea |
| Smith | — | Yea |
| Bentley | — | Yea |
| Nemes | — | Yea |
| Swann | — | Yea |
| Palumbo | — | Yea |
| Justice | — | Yea |
| Thomas | — | Yea |
| Pratt | — | Yea |
| Timoney | — | Yea |
| Bratcher S. | — | Yea |
| Webber | — | Yea |
| Raymond | — | Yea |
| Graham | — | Yea |
| Williams | — | Yea |
| Wilson | — | Yea |
| Heath | — | Yea |
| Bratcher K. | — | Yea |
| Stevenson C | — | Yea |
| Al Gentry | Democrat | Yea |
| Ashley Tackett Laferty | Democrat | Yea |
| Beverly Chester-Burton | Democrat | Yea |
| Chad Aull | Democrat | Yea |
| Daniel Grossberg | Democrat | Yea |
| George Brown Jr. | Democrat | Yea |
| Keturah J. Herron | Democrat | Yea |
| Lindsey Burke | Democrat | Yea |
| Lisa Willner | Democrat | Yea |
| Nima Kulkarni | Democrat | Yea |
| Pamela Stevenson | Democrat | Yea |
| Rachel Roarx | Democrat | Yea |
| Sarah Stalker | Democrat | Yea |
| Tina Bojanowski | Democrat | Yea |
| Aaron Reed | Republican | Yea |
| Adam Bowling | Republican | Yea |
| Amy Neighbors | Republican | Yea |
| Bill Wesley | Republican | Yea |
| Bobby McCool | Republican | Yea |
| Candy Massaroni | Republican | Yea |
| Chris Freeland | Republican | Yea |
| Chris Fugate | Republican | Yea |
| DJ Johnson | Republican | Yea |
| Daniel Elliott | Republican | Yea |
| Daniel Fister | Republican | Yea |
| David Hale | Republican | Yea |
| David Meade | Republican | Yea |
| David W. Osborne | Republican | Yea |
| Deanna Gordon | Republican | Yea |
| Derek Lewis | Republican | Yea |
| Emily Callaway | Republican | Yea |
| Felicia Rabourn | Republican | Yea |
| James Tipton | Republican | Yea |
| Jared Bauman | Republican | Yea |
| Jason Petrie | Republican | Yea |
| Jennifer Decker | Republican | Yea |
| Jim Gooch Jr. | Republican | Yea |
| John Blanton | Republican | Yea |
| John Hodgson | Republican | Yea |
| Josh Branscum | Republican | Yea |
| Josh Bray | Republican | Yea |
| Josh Calloway | Republican | Yea |
| Ken Fleming | Republican | Yea |
| Ken Upchurch | Republican | Yea |
| Kevin Jackson | Republican | Yea |
| Kim Banta | Republican | Yea |
| Kim King | Republican | Yea |
| Kimberly Poore Moser | Republican | Yea |
| Marianne Proctor | Republican | Yea |
| Mark Hart | Republican | Yea |
| Mary Beth Imes | Republican | Yea |
| Matt Lockett | Republican | Yea |
| Matthew Koch | Republican | Yea |
| Michael Sarge Pollock | Republican | Yea |
| Mike Clines | Republican | Yea |
| Myron Dossett | Republican | Yea |
| Nancy Tate | Republican | Yea |
| Patrick Flannery | Republican | Yea |
| Randy Bridges | Republican | Yea |
| Rebecca Raymer | Republican | Yea |
| Richard White | Republican | Yea |
| Robert Duvall | Republican | Yea |
| Ryan Dotson | Republican | Yea |
| Samara Heavrin | Republican | Yea |
| Savannah Maddox | Republican | Yea |
| Scott Lewis | Republican | Yea |
| Scott Sharp | Republican | Yea |
| Shane Baker | Republican | Yea |
| Shawn McPherson | Republican | Yea |
| Stephanie Dietz | Republican | Yea |
| Steve Rawlings | Republican | Yea |
| Steve Riley | Republican | Yea |
| Steven Doan | Republican | Yea |
| Steven Rudy | Republican | Yea |
| Susan Witten | Republican | Yea |
| Suzanne Miles | Republican | Yea |
| T.J. Roberts | Republican | Yea |
| Thomas Huff | Republican | Yea |
| Timmy Truett | Republican | Yea |
| William Lawrence | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 1 | 0 | 0 | 1 |
| Republican | 20 | 0 | 0 | 1 |
| Unaffiliated | 12 | 1 | 0 | 1 |
| Total | 33 | 1 | 0 | 3 |
| % of votes cast | 89% | 3% | 0% | 8% |
How each member voted (37)
| Member | Party | Vote |
|---|---|---|
| Nemes | — | Yea |
| Turner | — | Yea |
| Schickel | — | Yea |
| Smith | — | Yea |
| ChambersArmstrong | — | Yea |
| Williams | — | Yea |
| Meredith | — | Yea |
| Thayer | — | Yea |
| Wilson | — | Yea |
| Thomas | — | Yea |
| Yates | — | Yea |
| Southworth | — | Nay |
| Westerfield | — | Not Voting |
| Harper Angel | — | Yea |
| Gerald A. Neal | Democrat | Not Voting |
| Karen Berg | Democrat | Yea |
| Amanda Mays Bledsoe | Republican | Yea |
| Brandon J. Storm | Republican | Yea |
| Christian McDaniel | Republican | Yea |
| Danny Carroll | Republican | Yea |
| David P. Givens | Republican | Yea |
| Donald Douglas | Republican | Yea |
| Gary Boswell | Republican | Yea |
| Jared Carpenter | Republican | Yea |
| Jason Howell | Republican | Yea |
| Jimmy Higdon | Republican | Yea |
| Julie Raque Adams | Republican | Yea |
| Lindsey Tichenor | Republican | Yea |
| Matthew Deneen | Republican | Yea |
| Max Wise | Republican | Not Voting |
| Phillip Wheeler | Republican | Yea |
| Rick Girdler | Republican | Yea |
| Robby Mills | Republican | Yea |
| Robert Stivers | Republican | Yea |
| Robin L. Webb | Republican | Yea |
| Shelley Funke Frommeyer | Republican | Yea |
| Stephen West | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 57 do?
- Create a new section of KRS Chapter 317A to adopt the Cosmetology Licensure Compact; create definitions; establish requirements for member states; require licensees to apply to their home state for a multistate license; establish criteria for applicants to apply for a multistate license; limit a licensee from a home state to possessing a multistate license in only one member state at a time; require a member state's licensing authority to cooperate with the commission and with each entity exercising independent regulatory authority over the practice of cosmetology; authorize a home state to impose adverse actions against a licensees multistate license issued by the home state; establish powers of remote states participating in the compact; allow an active duty military service member or their spouse to retain their home state designation during any period of service when that individual is on active duty; create the Cosmetology Compact Commission; authorize the commission to establish an executive committee to act on behalf of the commission; establish the responsibilities of the commission and executive committee; require the commission to develop, maintain, operate, and utilize a coordinated database and reporting system that contains licensure, adverse actions, and the presence of current significant investigative information on all licensed individuals in member states; establish procedures for dispute resolution between the commission and licensees; establish withdrawal procedures for member states; provide for severability for any provision in the compact that is contrary to the constitution of any party state or of the United States of the applicability thereof to any government, agency, person, circumstance.
- What is the current status of SB 57?
- This bill has been enacted into law. Introduced January 06, 2023. Enacted.
- Where can I track SB 57?
- Track SB 57 free on One Click Politics — get push/email alerts when it moves.
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