32-586. Adverse actions

A. A licensee's home state has exclusive power to impose an adverse action against a licensee's multistate license issued by the home state.

B. A home state may take adverse action on a multistate license based on the investigative information, current significant investigative information or adverse action of a remote state.

C. In addition to the powers conferred by state law, each remote state's state licensing authority may:

1. Take adverse action against a licensee's authorization to practice cosmetology through the multistate license in that member state if both of the following apply:

(a) Only the licensee's home state may take adverse action against the multistate license issued by the home state.

(b) For the purposes of taking adverse action, the home state's state licensing authority gives the same priority and effect to reported conduct received from a remote state as it would if the conduct had occurred within the home state and the home state applies its own state laws to determine the appropriate action.

2. Issue cease and desist orders or impose an encumbrance on a licensee's authorization to practice within that member state.

3. Complete any pending investigations of a licensee who changes the licensee's primary state of residence during the course of the investigation.  The state licensing authority may report the results of the investigation to the commission through the data system as described in this compact.

4. Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses and 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 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.  The issuing state licensing authority shall pay any witness fees, travel expenses, mileage fees and other fees required by the service statutes of the state in which the witnesses or evidence is located.

5. If otherwise allowed by state law, recover from the affected licensee the costs of investigations and disposition of cases resulting from any adverse action taken against that licensee.

6. Take adverse action against the licensee's authorization to practice in that state based on the factual findings of another remote state.

D. A licensee's home state shall complete any pending investigation of a cosmetologist who changes the licensee's primary state of residence during the course of the investigation. The home state may take appropriate action and shall promptly report the conclusions of the investigation to the data system.

E. If an adverse action is taken by the home state against a licensee's multistate license, the licensee's authorization to practice in all other member states shall 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's multistate license shall include a statement that the cosmetologist's authorization to practice is deactivated in all member states during the pendency of the order.

F. This compact does not override a member state's authority to accept a licensee's participation in an alternative program in lieu of adverse action.  A licensee's multistate license shall be suspended for the duration of the licensee's participation in any alternative program.

G. In addition to the authority granted to a member state by its respective scope of practice laws or other applicable state law, a member state may participate with other member states in joint investigations of licensees.

H. Member states shall share any investigative, litigation or compliance materials in furtherance of any joint or individual investigation initiated under this compact.