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ARIZONA HOUSE OF REPRESENTATIVESFifty-sixth Legislature First Regular Session |
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HB 2542: cosmetology licensure interstate compact
Sponsor: Representative Dunn, LD 25
Committee on Regulatory Affairs
Overview
Includes Arizona in a multistate Compact for Cosmetologists (the Compact) for the creation of a multistate license usable in associated member states and details the functions of the Compact and the regulatory bodies under it.
History
A licensed cosmetologist may perform: 1) the application of beautifying products by either hand or electronic appliance; 2) arching eyebrows or tinting eyebrows and eyelashes; 3) removing superfluous hairs through electrolysis and threading; 4) nail technology; and 5) hairstyling (A.R.S. 32-501).
The Board of Barbering and Cosmetology (state licensing authority) licenses and administers licensing examinations for cosmetologists. They also conduct inspections of salons, barber establishments and schools and investigate sanitation requirements and procedures. In addition, they may also conduct hearings and impose enforcement actions when appropriate (A.R.S. 32-504).
Statute further outlines the standards, qualifications and requirements for cosmetologists (A.R.S. 32-511).
Provisions
Purpose and General Overview
1. Declares that member states seek to establish a regulatory framework to provide for a new multistate licensing program through an interstate Compact. (Sec. 2)
2. States the purpose of the interstate Compact is to improve public access and the safety of cosmetology services and to reduce unnecessary burdens relating to cosmetology licensure. (Sec. 2)
3. Allows for a better exchange of information and ensures cooperation between states in regulating and licensing cosmetology. (Sec. 2)
4. Allows for the creation of a regulatory government agency designated as the Cosmetology Licensure Compact Commission (the Commission) to function as an instrumentality of the states within the compact. (Sec. 1)
5. Asserts that this article may only take effect if at least seven states enact language substantially similar to this. (Sec. 1)
6. Contains a delayed effective date of July 1st, 2024. (Sec. 3)
7.
Defines terms. (Sec. 1)
Member State Requirements
8. Allows Arizona to join in a multistate compact for cosmetology and highlights the requirements for a member state as:
a) licensing and regulating cosmetology;
b) being able to receive and investigate complaints about licensure;
c) requiring applicants to meet training and educational requirements and have a passing score on a cosmetology competency examination;
d) implementing procedures and systems for background checks;
e) developing a central data system;
f) sharing information related to adverse actions as well as investigative information on a licensee;
g) complying with the rules enacted by the Commission and accepting licensees from other member states;
h) allowing other member states to charge a fee for granting Compact privileges;
i) allowing the multistate license to be independent of the single-state license and not infringing on an individual's ability to apply for a single-state license;
j) ensuring that multistate license is accepted by all member states within the compact; and
k) maintaining sole jurisdiction over the educational and professional requirements for a license to practice cosmetology. (Sec. 1)
Multistate Licenses
9. Outlines the member state directives for multistate licenses as:
a) requiring an individual to hold a single-state license from a licensee's home state before being eligible to apply for a multistate license;
b) allowing the member states licensing authority to determine whether the applicant meets qualifications for a multistate license;
c) notifying all member states if an applicant receives a multistate license and recognizing that license as applicable in other member states; and
d) setting the effective period of the license concurrently with the single-state license of the home state. (Sec. 1)
10. Lists the requirements for licensees to maintain a multistate license as paying all the associated fees, abiding by the rules and regulations of the member state in which the licensee is practicing and those of the Commission. (Sec. 1)
11. Specifies that the licensee is subject to the laws, licensing authority and the courts of the member state in which the services are provided. (Sec. 1)
Reissuance of a Multistate License in a New Home State
12. Stipulates that a licensee must apply for reissuance of a multistate license if they move to a new home state within the Compact permanently. (Sec. 1)
13. Asserts that this Compact does not interfere with a licensee's ability to obtain multiple single-state licenses or with the single-state licensure requirements for a member state. (Sec. 1)
14. Requires the new home state to verify that the multistate license is eligible for reissuance and deactivate the previous multistate license as a licensee may only have one multistate license and one home state. (Sec. 1)
Adverse Actions
15. Describes that a home state has exclusive power to impose an adverse action against a resident licensee's multistate license and allows the home state to use any investigative information from other member states. (Sec. 1)
16. Mandates that a multistate license be deactivated if the licensee is having an adverse action taken against them until all encumbrances have been removed. (Sec. 1)
17. Clarifies that the Compact does not prohibit a member state from allowing a licensee to participate in an alternative program instead of adverse action, however, the licensee's multistate license will be suspended while in the program. (Sec. 1)
Active-Duty Military
18. Stipulates that active-duty military and their spouses must designate a home state where the individual has a license to practice in good standing and may retain this designation while on active duty. (Sec. 1)
Establishment and Operation of the Cosmetology Licensure Compact Commission
19. Outlines the creation of the Commission and details its administrative functions, duties and that membership consists of all states that have enacted the Compact. (Sec. 1)
20. Instructs each state's licensing authority to appoint one delegate to serve on the Commission and highlights the Commission's ability to determine the rules for terms of office. (Sec. 1)
21. Designates one vote to each delegate on matters voted on by the Commission. (Sec. 1)
22. Mandates that the Commission meets at least once a year and describes its duties and functions and allows for an additional meeting if necessary. (Sec. 1)
23. Maintains that the Commission shall adopt and provide an annual report to the member states. (Sec. 1)
Executive Committee
24. Establishes the Executive Committee of the Commission (Executive Committee) and stipulates that the committee may act on behalf of the Commission. (Sec. 1)
25. Requires the Executive Committee to be composed of up to seven voting members consisting of a chairperson, vice chairperson, secretary, treasurer and three members from the Commission. (Sec. 1)
Commission Meetings
26. Stipulates that all meetings that are not closed to the public must be open and notice must be posted on the Commission's website thirty days before the meeting. (Sec.1)
27. Asserts that the Commission must keep minutes for all matters discussed within any meetings and must provide a summary of actions discussed and taken. (Sec. 1)
Financing of the Commission
28. Directs the Commission to pay for its expenses and allows for it to accept revenue, donations, grants, monies, equipment, supplies, materials and services. (Sec. 1)
29. Allows the Commission to levy and collect an annual assessment from each member state and impose any fees on multistate licenses to cover the costs in its annual budget based on a formula adopted by the Commission. (Sec. 1)
Qualified Immunity
30. Provides qualified immunity to individuals under Commission employment and engaging in Commission-related duties and requires the Commission to defend any individual in a civil action involving an occurrence under Commission employment, not including intentional willful or wanton misconduct. (Sec. 1)
31. Asserts that this does not limit the liability for a licensee that has engaged in professional malpractice or misconduct governed by state laws.
Data System
32. Directs the Commission to develop a data system that functions as a coordinated database and reporting system. (Sec. 1)
33. Mandates that a member state must provide data sets for applicants to the system and details the required information. (Sec. 1)
Rulemaking
34. Requires the Commission to adopt rules to implement and administer the Compact unless a court of competent jurisdiction holds a rule invalid or if the rule exceeds the scope and purpose of the Compact and the powers granted by it. (Sec. 1)
35. Eliminates a rule if the majority of legislatures in the member states reject a rule by enacting legislation within four years following the adoption of the rule. (Sec. 1)
36. Stipulates that rules must be adopted at either a regular or special meeting and requires a public hearing for oral and written comments before adoption. (Sec. 1)
37. Makes the adoption requirement for proposed rules a majority vote of all members and allows the Commission to adopt changes to proposed rules if it does not enlarge its original purpose. (Sec. 1)
38. Allows the Commission to set the effective date at least 45 days after the notice of the adopted rule. (Sec. 1)
39. Grants the Commission the ability to consider and adopt emergency rules with a five-day public notice and the opportunity to provide comment if the rulemaking procedures are retroactively applied as soon as possible and before 90 days after the rule's effective date.
40. Asserts that a member state's rulemaking requirements do not apply under the Compact. (Sec. 1)
Oversight
41. Mandates that the Executive and Judicial branches of each member states' government must enforce and take all actions necessary to implement the Compact. (Sec. 1)
42. Directs the Commission to provide a copy of a notice of a defaulting member state to the other member states. (Sec. 1)
43. Specifies that if a defaulting member state is unable to comply, the Commission must provide notice of intent to suspend or terminate to the Governor, Majority and Minority Leaders of the Legislature, the licensing authority of the defaulting member state and all member states licensing authorities within the Compact. (Sec. 1)
44. Requires a terminated state to be responsible for all assessment, obligations and liabilities incurred through and beyond the effective date of termination. (Sec. 1)
45. Deactivates all multistate licenses within the terminated member state after 180 days following the termination. (Sec. 1)
46. Allows the defaulting member state the ability to appeal to the U.S. District Court for the District of Columbia or whichever district the Commission has its principal office. (Sec. 1)
47. Authorizes the Commission, with a majority vote of the body, to initiate legal action against a defaulting member state in the U.S. District Court for the District of Columbia or whichever district the Commission has its principal office. (Sec. 1)
48. Enables the member states to pursue legal action against the Commission with the sole authority to enforce compliance with the Compact and its rules. (Sec. 1)
49. Designates mediation and dispute resolution for the Compact to the Commission. (Sec. 1)
50. Grants authority to the Commission to exercise its discretion and enforce its rules and the Compact's rules. (Sec. 1)
Effective Date and Amendment of Compact
51. Requires that the Commission meet and review enactment of each of the charters of a member state to determine whether it is materially different than the model Compact language following the enactment of the seven states. (Sec. 1)
52. Contains that a state's enactment being materially different than the model Compact language sets the state to the default process and requires approval from the Commission to join the Compact. (Sec. 1)
53. Clarifies that if a state withdraws, terminates or defaults from the Compact, even if the number falls below seven, it remains in existence. (Sec. 1)
54. Enacts Compact rule and bylaw on the day the Compact becomes state law. (Sec. 1)
55. Grants a member state the authority to withdraw from the Compact by enacting statute repealing the enactment of the Compact and allows for 180 days before the withdrawal takes effect. (Sec. 1)
56. Stipulates that the withdrawn state must notify all multistate licenses within the state and continue to recognize all licenses of other member states for 180 days. (Sec. 1)
Construction and Severability
57. Maintains that the provisions of the Compact are severable and do not affect its total applicability. (Sec. 1)
58. Authorizes the Commission to deny the participation of a state in the Compact if a state's constitutional requirement is a material departure from the Compact. (Sec. 1)
59. Asserts that if the Compact is contrary to a member state's constitution, the Compact must remain in full force in the state on all severable matters. (Sec. 1)
Consistent Effect and Conflict with other States
60. Maintains that the Compact must not affect the enforcement of laws within the member states. (Sec. 1)
61. Allows any laws within the member states that conflict with the Compact to be superseded. (Sec. 1)
62. Establishes that all agreements between the Commission and member states are binding based on their terms. (Sec. 1)
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HB 2542
Initials DC/TM Page 0 Regulatory Affairs
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