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

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300 THEPRINTER'S GENERALNO. ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

3311426 2025THE INTRODUCEDGENERAL BYASSEMBLY ARGALL,OF ROTHMAN,PENNSYLVANIA CULVER,SENATE VOGEL,BILL FONTANA,Session COSTAof ANDNo. SCHWANK, FEBRUARY 28, 2025 REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, FEBRUARY 28, 2025 AN ACT AutCosmetology Licensure Compact;

331 2025 INTRODUCED BY ARGALL, ROTHMAN, CULVER, VOGEL, FONTANA, COSTA, SCHWANK AND BROWN, FEBRUARY 28, 2025 SENATOR STEFANO, CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, AS AMENDED, FEBRUARY 4, 2026 AN ACT AutCosmetology Licensure Compact;

20250SB0331PN030020250SB0331PN1426 - 2 - A.

"Charter Member State" means Member States who have enacted legislation to adopt this Compact where such legislation predates the effective date of this Compact as defined in 20250SB0331PN030020250SB0331PN1426 - 3 - Article 13.

"Encumbered License" means a license in which an Adverse 20250SB0331PN030020250SB0331PN1426 - 4 - Action restricts the Practice of Cosmetology by a Licensee, or where said Adverse Action has been reported to the Commission.

"Rule" means any rule or regulation promulgated by the 20250SB0331PN030020250SB0331PN1426 - 5 - Commission under this Compact which has the force of law.

20250SB0331PN030020250SB0331PN1426 - 6 - 7.

The Member States shall retain sole 20250SB0331PN030020250SB0331PN1426 - 7 - jurisdiction over the provision of these requirements.

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 20250SB0331PN030020250SB0331PN1426 - 8 - Licensee provides services;

The Multistate License issued by the prior Home State will be deactivated and all Member States notified in accordance with 20250SB0331PN030020250SB0331PN1426 - 9 - the applicable Rules adopted by the Commission.

Nothing in this Compact, nor any Rule or regulation of the Commission, shall be construed to limit, restrict, or in any way reduce the ability of a Member State to enact and enforce laws, regulations, or other rules related to the Practice of Cosmetology in that State, where those laws, regulations, or 20250SB0331PN030020250SB0331PN1426 - 10 - other rules are not inconsistent with the provisions of this Compact.

Only the Licensee's Home State shall have the power to 20250SB0331PN030020250SB0331PN1426 - 11 - take Adverse Action against the Multistate License issued by the Home State;

If otherwise permitted by State law, recover from the affected Licensee the costs of investigations and disposition of cases resulting from any Adverse Action taken against that 20250SB0331PN030020250SB0331PN1426 - 12 - Licensee.

Member States shall share any investigative, litigation, 20250SB0331PN030020250SB0331PN1426 - 13 - or compliance materials in furtherance of any joint or individual investigation initiated under this Compact.

A Member State's State Licensing Authority shall fill any 20250SB0331PN030020250SB0331PN1426 - 14 - vacancy of its delegate occurring on the Commission within 60 days of the vacancy.

20250SB0331PN030020250SB0331PN1426 - 15 - 11.

Appoint committees, including standing committees, composed of members, State regulators, State legislators or 20250SB0331PN030020250SB0331PN1426 - 16 - their representatives, and consumer representatives, and such other interested persons as may be designated in this Compact and the bylaws;

20250SB0331PN030020250SB0331PN1426 - 17 - c.

20250SB0331PN030020250SB0331PN1426 - 18 - 4.

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 20250SB0331PN030020250SB0331PN1426 - 19 - the reasons it may dispense with notice of proposed rulemaking under Article 11.L.

20250SB0331PN030020250SB0331PN1426 - 20 - j.

The Commission may levy on and collect an annual assessment from each Member State and impose fees on Licensees 20250SB0331PN030020250SB0331PN1426 - 21 - of Member States to whom it grants a Multistate License to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources.

provided that nothing in this 20250SB0331PN030020250SB0331PN1426 - 22 - paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.

20250SB0331PN030020250SB0331PN1426 - 23 - 4.

Non-confidential information related to Alternative Program participation, the beginning and ending dates of such participation, and other information related to such 20250SB0331PN030020250SB0331PN1426 - 24 - participation;

Any information submitted to the Data System that is 20250SB0331PN030020250SB0331PN1426 - 25 - subsequently expunged pursuant to federal law or the laws of the Member State contributing the information shall be removed from the Data System.

20250SB0331PN030020250SB0331PN1426 - 26 - E.

20250SB0331PN030020250SB0331PN1426 - 27 - I.

For the purposes of this provision, an emergency Rule is one that must be adopted 20250SB0331PN030020250SB0331PN1426 - 28 - immediately to:

Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of 20250SB0331PN030020250SB0331PN1426 - 29 - competent jurisdiction where the principal office of the Commission is located.

If a State in default fails to cure the default, the defaulting State may be terminated from this Compact upon an affirmative vote of a majority of the delegates of the Member States, and all rights, privileges and benefits conferred on that State by this Compact may be terminated on the effective 20250SB0331PN030020250SB0331PN1426 - 30 - date of termination.

The prevailing party shall be awarded all costs of such litigation, including reasonable 20250SB0331PN030020250SB0331PN1426 - 31 - attorney's fees.

The relief sought may 20250SB0331PN030020250SB0331PN1426 - 32 - include both injunctive relief and damages.

All actions taken for the benefit of the Commission or in furtherance of the purposes of the administration of this Compact prior to the effective date of this Compact or the 20250SB0331PN030020250SB0331PN1426 - 33 - Commission coming into existence shall be considered to be actions of the Commission unless specifically repudiated by the Commission.

Nothing contained in this Compact shall be construed to invalidate or prevent any licensure agreement or other cooperative arrangement between a Member State and a non-Member State that does not conflict with the provisions of this 20250SB0331PN030020250SB0331PN1426 - 34 - Compact.

Otherwise, if this Compact shall be held to be contrary to the constitution of any Member State, this Compact shall remain in full force and effect as to the 20250SB0331PN030020250SB0331PN1426 - 35 - remaining Member States and in full force and effect as to the Member State affected as to all severable matters.

(C) IMPLEMENTATION.--THE STATE BOARD OF COSMETOLOGY SHALL <-- 20250SB0331PN1426 - 36 - HAVE THE FOLLOWING DUTIES:

(1) PROMULGATE TEMPORARY REGULATIONS NECESSARY TO IMPLEMENT THIS ACT UNDER 63 PA.C.S.