HB705 - Relating to the Cosmetology Licensure Compact; authorizing fees.

      H.B. No. 705         AN ACT   relating to the Cosmetology Licensure Compact; authorizing fees.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Title 9, Occupations Code, is amended by adding   Chapter 1604 to read as follows:   CHAPTER 1604. COSMETOLOGY LICENSURE COMPACT           Sec.   1604.001.     COSMETOLOGY LICENSURE COMPACT. The   Cosmetology Licensure Compact is enacted and entered into with all   other jurisdictions that legally join the compact, which reads as   follows:   COSMETOLOGY LICENSURE COMPACT   ARTICLE 1- PURPOSE   The purpose of this Compact is to facilitate the interstate   practice and regulation of Cosmetology with the goal of improving   public access to, and the safety of, Cosmetology Services and   reducing unnecessary burdens related to Cosmetology licensure.   Through this Compact, the Member States seek to establish a   regulatory framework which provides for a new multistate licensing   program. Through this new licensing program, the Member States   seek to provide increased value and mobility to licensed   Cosmetologists in the Member States, while ensuring the provision   of safe, effective, and reliable services to the public.   This Compact is designed to achieve the following objectives, and   the Member States hereby ratify the same intentions by subscribing   hereto:   A.   Provide opportunities for interstate practice by Cosmetologists   who meet uniform requirements for multistate licensure;   B.   Enhance the abilities of Member States to protect public health   and safety, and prevent fraud and unlicensed activity within the   profession;   C.   Ensure and encourage cooperation between Member States in the   licensure and regulation of the Practice of Cosmetology;   D. Support relocating military members and their spouses;   E.   Facilitate the exchange of information between Member States   related to the licensure, investigation, and discipline of the   Practice of Cosmetology;   F.   Provide for the licensure and mobility of the workforce in the   profession, while addressing the shortage of workers and   lessening the associated burdens on the Member States.   ARTICLE 2- DEFINITIONS   As used in this Compact, and except as otherwise provided, the   following definitions shall govern the terms herein:   A.   "Active Military Member" means any person with full-time duty   status in the armed forces of the United States, including   members of the National Guard and Reserve.   B.   "Adverse Action" means any administrative, civil, equitable, or   criminal action permitted by a Member State's laws which is   imposed by a State Licensing Authority or other regulatory body   against a Cosmetologist, including actions against an   individual's license or Authorization to Practice such as   revocation, suspension, probation, monitoring of the Licensee,   limitation of the Licensee's practice, or any other Encumbrance   on a license affecting an individual's ability to participate in   the Cosmetology industry, including the issuance of a cease and   desist order.   C.   "Authorization to Practice" means a legal authorization   associated with a Multistate License permitting the Practice of   Cosmetology in that Remote State, which shall be subject to the   enforcement jurisdiction of the State Licensing Authority in   that Remote State.   D.   "Alternative Program" means a non-disciplinary monitoring or   prosecutorial diversion program approved by a Member State's   State Licensing Authority.   E.   "Background Check" means the submission of information for an   applicant for the purpose of obtaining that applicant's criminal   history record information, as further defined in 28 C.F.R. §   20.3(d), from the Federal Bureau of Investigation and the agency   responsible for retaining State criminal or disciplinary history   in the applicant's Home State.   F.   "Charter Member State" means Member States who have enacted   legislation to adopt this Compact where such legislation   predates the effective date of this Compact as defined in Article   13.   G.   "Commission" means the government agency whose membership   consists of all States that have enacted this Compact, which is   known as the Cosmetology Licensure Compact Commission, as   defined in Article 9, and which shall operate as an   instrumentality of the Member States.   H.   "Cosmetologist" means an individual licensed in their Home State   to practice Cosmetology.   I.   "Cosmetology", "Cosmetology Services", and the "Practice of   Cosmetology" mean the care and services provided by a   Cosmetologist as set forth in the Member State's statutes and   regulations in the State where the services are being provided.   J. "Current Significant Investigative Information" means:              1.   Investigative Information that a State Licensing   Authority, after an inquiry or investigation that   complies with a Member State's due process   requirements, has reason to believe is not groundless   and, if proved true, would indicate a violation of that   State's laws regarding fraud or the Practice of   Cosmetology; or              2.   Investigative Information that indicates that a   Licensee has engaged in fraud or represents an   immediate threat to public health and safety,   regardless of whether the Licensee has been notified   and had an opportunity to respond.   K.   "Data System" means a repository of information about Licensees,   including, but not limited to, license status, Investigative   Information, and Adverse Actions.   L.   "Disqualifying Event" means any event which shall disqualify an   individual from holding a Multistate License under this Compact,   which the Commission may by Rule or order specify.   M.   "Encumbered License" means a license in which an Adverse Action   restricts the Practice of Cosmetology by a Licensee, or where   said Adverse Action has been reported to the Commission.   N.   "Encumbrance" means a revocation or suspension of, or any   limitation on, the full and unrestricted Practice of Cosmetology   by a State Licensing Authority.   O.   "Executive Committee" means a group of delegates elected or   appointed to act on behalf of, and within the powers granted to   them by, the Commission.   P.   "Home State" means the Member State which is a Licensee's   primary State of residence, and where that Licensee holds an   active and unencumbered license to practice Cosmetology.   Q.   "Investigative Information" means information, records, or   documents received or generated by a State Licensing Authority   pursuant to an investigation or other inquiry.   R.   "Jurisprudence Requirement" means the assessment of an   individual's knowledge of the laws and rules governing the   Practice of Cosmetology in a State.   S.   "Licensee" means an individual who currently holds a license   from a Member State to practice as a Cosmetologist.   T. "Member State" means any State that has adopted this Compact.   U.   "Multistate License" means a license issued by and subject to   the enforcement jurisdiction of the State Licensing Authority in   a Licensee's Home State, which authorizes the Practice of   Cosmetology in Member States and includes Authorizations to   Practice Cosmetology in all Remote States pursuant to this   Compact.   V.   "Remote State" means any Member State, other than the Licensee's   Home State.   W.   "Rule" means any rule or regulation promulgated by the   Commission under this Compact which has the force of law.   X.   "Single-State License" means a Cosmetology license issued by a   Member State that authorizes practice of Cosmetology only within   the issuing State and does not include any authorization outside   of the issuing State.   Y.   "State" means a State, territory, or possession of the United   States and the District of Columbia.   Z.   "State Licensing Authority" means a Member State's regulatory   body responsible for issuing Cosmetology licenses or otherwise   overseeing the Practice of Cosmetology in that State.   ARTICLE 3- MEMBER STATE REQUIREMENTS   A.   To be eligible to join this Compact, and to maintain eligibility   as a Member State, a State must:              1. License and regulate Cosmetology;              2.   Have a mechanism or entity in place to receive and   investigate complaints about Licensees practicing in   that State;              3.   Require that Licensees within the State pass a   Cosmetology competency examination prior to being   licensed to provide Cosmetology Services to the public   in that State;              4.   Require that Licensees satisfy educational or training   requirements in Cosmetology prior to being licensed to   provide Cosmetology Services to the public in that   State;              5.   Implement procedures for considering one or more of the   following categories of information from applicants for   licensure: criminal history; disciplinary history; or   Background Check. Such procedures may include the   submission of information by applicants for the purpose   of obtaining an applicant's Background Check as defined   herein;              6.   Participate in the Data System, including through the   use of unique identifying numbers;              7.   Share information related to Adverse Actions with the   Commission and other Member States, both through the   Data System and otherwise;              8.   Notify the Commission and other Member States, in   compliance with the terms of the Compact and Rules of   the Commission, of the existence of Investigative   Information or Current Significant Investigative   Information in the State's possession regarding a   Licensee practicing in that State;              9.   Comply with such Rules as may be enacted by the   Commission to administer the Compact; and             10.   Accept Licensees from other Member States as   established herein.   B.   Member States may charge a fee for granting a license to practice   Cosmetology.   C.   Individuals not residing in a Member State shall continue to be   able to apply for a Member State's Single-State License as   provided under the laws of each Member State. However, the   Single-State License granted to these individuals shall not be   recognized as granting a Multistate License to provide services   in any other Member State.   D.   Nothing in this Compact shall affect the requirements   established by a Member State for the issuance of a Single-State   License.   E.   A Multistate License issued to a Licensee by a Home State to a   resident of that State shall be recognized by each Member State   as authorizing a Licensee to practice Cosmetology in each Member   State.   F.   At no point shall the Commission have the power to define the   educational or professional requirements for a license to   practice Cosmetology. The Member States shall retain sole   jurisdiction over the provision of these requirements.   ARTICLE 4- MULTISTATE LICENSE   A.   To be eligible to apply to their Home State's State Licensing   Authority for an initial Multistate License under this Compact,   a Licensee must hold an active and unencumbered Single-State   License to practice Cosmetology in their Home State.   B.   Upon the receipt of an application for a Multistate License,   according to the Rules of the Commission, a Member State's State   Licensing Authority shall ascertain whether the applicant meets   the requirements for a Multistate License under this Compact.   C.   If an applicant meets the requirements for a Multistate License   under this Compact and any applicable Rules of the Commission,   the State Licensing Authority in receipt of the application   shall, within a reasonable time, grant a Multistate License to   that applicant, and inform all Member States of the grant of said   Multistate License.   D.   A Multistate License to practice Cosmetology issued by a Member   State's State Licensing Authority shall be recognized by each   Member State as authorizing the practice thereof as though that   Licensee held a Single-State License to do so in each Member   State, subject to the restrictions herein.   E.   A Multistate License granted pursuant to this Compact may be   effective for a definite period of time, concurrent with the   licensure renewal period in the Home State.   F.   To maintain a Multistate License under this Compact, a Licensee   must:              1.   Agree to abide by the rules of the State Licensing   Authority, and the State scope of practice laws   governing the Practice of Cosmetology, of any Member   State in which the Licensee provides services;              2.   Pay all required [Text truncated for display. 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