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LEGISLATURE OF NEBRASKA
ONE HUNDRED EIGHTH LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 561
Introduced by Blood, 3.
Read first time January 17, 2023
Committee: Health and Human Services
1 A BILL FOR AN ACT relating to public health; to amend section 38-1015,
2 Reissue Revised Statutes of Nebraska, and sections 38-1001, 38-1004,
3 38-1058, and 38-1061, Revised Statutes Cumulative Supplement, 2022;
4 to adopt the Cosmetology Licensure Compact; to define a term; to
5 harmonize provisions; and to repeal the original sections.
6 Be it enacted by the people of the State of Nebraska,
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1 Section 1. COSMETOLOGY LICENSURE COMPACT
2 ARTICLE 1- PURPOSE
3 The purpose of this Compact is to facilitate the interstate practice
4 and regulation of Cosmetology with the goal of improving public access
5 to, and the safety of, Cosmetology Services and reducing unnecessary
6 burdens related to Cosmetology licensure. Through this Compact, the
7 Member States seek to establish a regulatory framework which provides for
8 a new multistate licensing program. Through this new licensing program,
9 the Member States seek to provide increased value and mobility to
10 licensed Cosmetologists in the Member States, while ensuring the
11 provision of safe, effective, and reliable services to the public.
12 This Compact is designed to achieve the following objectives, and
13 the Member States hereby ratify the same intentions by subscribing
14 hereto:
15 A. Provide opportunities for interstate practice by Cosmetologists
16 who meet uniform requirements for multistate licensure;
17 B. Enhance the abilities of Member States to protect public health
18 and safety, and prevent fraud and unlicensed activity within the
19 profession;
20 C. Ensure and encourage cooperation between Member States in the
21 licensure and regulation of the Practice of Cosmetology;
22 D. Support relocating military members and their spouses;
23 E. Facilitate the exchange of information between Member States
24 related to the licensure, investigation, and discipline of the Practice
25 of Cosmetology;
26 F. Provide for the licensure and mobility of the workforce in the
27 profession, while addressing the shortage of workers and lessening the
28 associated burdens on the Member States.
29 ARTICLE 2- DEFINITIONS
30 As used in this Compact, and except as otherwise provided, the
31 following definitions shall govern the terms herein:
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1 A. "Active Duty Military" means any individual in full-time duty
2 status in the active uniformed service of the United States including
3 members of the National Guard and Reserve.
4 B. "Adverse Action" means any administrative, civil, equitable, or
5 criminal action permitted by a Member State's laws which is imposed by a
6 State Licensing Authority or other regulatory body against a
7 Cosmetologist, including actions against an individual's license or
8 Authorization to Practice such as revocation, suspension, probation,
9 monitoring of the Licensee, limitation of the Licensee's practice, or any
10 other Encumbrance on a license affecting an individual's ability to
11 participate in the Cosmetology industry, including the issuance of a
12 cease and desist order.
13 C. "Authorization to Practice" means a legal authorization
14 associated with a Multistate License permitting the Practice of
15 Cosmetology in a Remote State, which shall be subject to the enforcement
16 jurisdiction of the State Licensing Authority in that Remote State.
17 D. "Alternative Program" means a non-disciplinary monitoring or
18 prosecutorial diversion program approved by a Member State's State
19 Licensing Authority.
20 E. "Background Check" means the submission of information for an
21 applicant for the purpose of obtaining that applicant's criminal history
22 record information, as further defined in 28 C.F.R. § 20.3(d), from the
23 Federal Bureau of Investigation and the agency responsible for retaining
24 State criminal or disciplinary history in the applicant's Home State.
25 F. "Charter Member State" means Member States who have enacted
26 legislation to adopt this Compact where such legislation predates the
27 effective date of this Compact as defined in Article 13.
28 G. "Commission" means the government agency whose membership
29 consists of all States that have enacted this Compact, which is known as
30 the Cosmetology Licensure Compact Commission, as defined in Article 9,
31 and which shall operate as an instrumentality of the Member States.
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1 H. "Cosmetologist" means an individual licensed in their Home State
2 to practice Cosmetology.
3 I. "Cosmetology", "Cosmetology Services", and the "Practice of
4 Cosmetology" mean the care and services provided by a Cosmetologist as
5 set forth in the Member State's statutes and regulations in the State
6 where the services are being provided.
7 J. "Current Significant Investigative Information" means:
8 1. Investigative Information that a State Licensing Authority, after
9 an inquiry or investigation that complies with a Member State's due
10 process requirements, has reason to believe is not groundless and, if
11 proved true, would indicate a violation of that State's laws regarding
12 fraud or the Practice of Cosmetology; or
13 2. Investigative Information that indicates that a Licensee has
14 engaged in fraud or represents an immediate threat to public health and
15 safety, regardless of whether the Licensee has been notified and had an
16 opportunity to respond.
17 K. "Data System" means a repository of information about Licensees,
18 including, but not limited to, license status, Investigative Information,
19 and Adverse Actions.
20 L. "Disqualifying Event" means any event which shall disqualify an
21 individual from holding a Multistate License under this Compact, which
22 the Commission may by Rule or order specify.
23 M. "Encumbered License" means a license in which an Adverse Action
24 restricts the Practice of Cosmetology by a Licensee, or where said
25 Adverse Action has been reported to the Commission.
26 N. "Encumbrance" means a revocation or suspension of, or any
27 limitation on, the full and unrestricted Practice of Cosmetology by a
28 State Licensing Authority.
29 O. "Executive Committee" means a group of delegates elected or
30 appointed to act on behalf of, and within the powers granted to them by,
31 the Commission.
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1 P. "Home State" means the Member State which is a Licensee's primary
2 State of residence, and where that Licensee holds an active and
3 unencumbered license to practice Cosmetology.
4 Q. "Investigative Information" means information, records, or
5 documents received or generated by a State Licensing Authority pursuant
6 to an investigation or other inquiry.
7 R. "Jurisprudence Requirement" means the assessment of an
8 individual's knowledge of the laws and rules governing the Practice of
9 Cosmetology in a State.
10 S. "Licensee" means an individual who currently holds a license from
11 a Member State to practice as a Cosmetologist.
12 T. "Member State" means any State that has adopted this Compact.
13 U. "Multistate License" means a license issued by and subject to the
14 enforcement jurisdiction of the State Licensing Authority in a Licensee's
15 Home State, which authorizes the Practice of Cosmetology in Member States
16 and includes Authorizations to Practice Cosmetology in all Remote States
17 pursuant to this Compact.
18 V. "Remote State" means any Member State, other than the Licensee's
19 Home State.
20 W. "Rule" means any rule or regulation promulgated by the Commission
21 under this Compact which has the force of law.
22 X. "Single-State License" means a Cosmetology license issued by a
23 Member State that authorizes practice of Cosmetology only within the
24 issuing State and does not include any authorization outside of the
25 issuing State.
26 Y. "State" means a State, territory, or possession of the United
27 States and the District of Columbia.
28 Z. "State Licensing Authority" means a Member State's regulatory
29 body responsible for issuing Cosmetology licenses or otherwise overseeing
30 the Practice of Cosmetology in that State.
31 ARTICLE 3- MEMBER STATE REQUIREMENTS
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1 A. To be eligible to join this Compact, and to maintain eligibility
2 as a Member State, a State must:
3 1. License and regulate Cosmetology;
4 2. Have a mechanism or entity in place to receive and investigate
5 complaints about Licensees practicing in that State;
6 3. Require that Licensees within the State pass a Cosmetology
7 competency examination prior to being licensed to provide Cosmetology
8 Services to the public in that State;
9 4. Require that Licensees satisfy educational or training
10 requirements in Cosmetology prior to being licensed to provide
11 Cosmetology Services to the public in that State;
12 5. Implement procedures for considering one or more of the following
13 categories of information from applicants for licensure: criminal
14 history; disciplinary history; or Background Check. Such procedures may
15 include the submission of information by applicants for the purpose of
16 obtaining an applicant's Background Check as defined herein;
17 6. Participate in the Data System, including through the use of
18 unique identifying numbers;
19 7. Share information related to Adverse Actions with the Commission
20 and other Member States, both through the Data System and otherwise;
21 8. Notify the Commission and other Member States, in compliance with
22 the terms of the Compact and Rules of the Commission, of the existence of
23 Investigative Information or Current Significant Investigative
24 Information in the State's possession regarding a Licensee practicing in
25 that State;
26 9. Comply with such Rules as may be enacted by the Commission to
27 administer the Compact; and
28 10. Accept Licensees from other Member States as established herein.
29 B. Member States may charge a fee for granting a license to practice
30 Cosmetology.
31 C. Individuals not residing in a Member State shall continue to be
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1 able to apply for a Member State's Single-State License as provided under
2 the laws of each Member State. However, the Single-State License granted
3 to these individuals shall not be recognized as granting a Multistate
4 License to provide services in any other Member State.
5 D. Nothing in this Compact shall affect the requirements established
6 by a Member State for the issuance of a Single-State License.
7 E. A Multistate License issued to a Licensee by a Home State to a
8 resident of that State shall be recognized by each Member State as
9 authorizing a Licensee to practice Cosmetology in each Member State.
10 F. At no point shall the Commission have the power to define the
11 educational or professional requirements for a license to practice
12 Cosmetology. The Member States shall retain sole jurisdiction over the
13 provision of these requirements.
14 ARTICLE 4- MULTISTATE LICENSE
15 A. To be eligible to apply to their Home State's State Licensing
16 Authority for an initial Multistate License under this Compact, a
17 Licensee must hold an active and unencumbered Single-State License to
18 practice Cosmetology in their Home State.
19 B. Upon the receipt of an application for a Multistate License,
20 according to the Rules of the Commission, a Member State's State
21 Licensing Authority shall ascertain whether the applicant meets the
22 requirements for a Multistate License under this Compact.
23 C. If an applicant meets the requirements for a Multistate License
24 under this Compact and any applicable Rules of the Commission, the State
25 Licensing Authority in receipt of the application shall, within a
26 reasonable time, grant a Multistate License to that applicant, and inform
27 all Member States of the grant of said Multistate License.
28 D. A Multistate License to practice Cosmetology issued by a Member
29 State's State Licensing Authority shall be recognized by each Member
30 State as authorizing the practice thereof as though that Licensee held a
31 Single-State License to do so in each Member State, subject to the
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1 restrictions herein.
2 E. A Multistate License granted pursuant to this Compact may be
3 effective for a definite period of time, concurrent with the licensure
4 renewal period in the Home State.
5 F. To maintain a Multistate License under this Compact, a Licensee
6 must:
7 1. Agree to abide by the rules of the State Licensing Authority, and
8 the State scope of practice laws governing the Practice of Cosmetology,
9 of any Member State in which the Licensee provides services;
10 2. Pay all required fees related to the application and process, and
11 any other fees which the Commission may by Rule require; and
12 3. Comply with any and all other requirements regarding Multistate
13 Licenses which the Commission may by Rule provide.
14 G. A Licensee practicing in a Member State is subject to all scope
15 of practice laws governing Cosmetology Services in that State.
16 H. The Practice of Cosmetology under a Multistate License granted
17 pursuant to this Compact will subject the Licensee to the jurisdiction of
18 the State Licensing Authority, the courts, and the laws of the Member
19 State in which the Cosmetology Services are provided.
20 ARTICLE 5- REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME STATE
21 A. A Licensee may hold a Multistate License, issued by their Home
22 State, in only one Member State at any given time.
23 B. If a Licensee changes their Home State by moving between two
24 Member States:
25 1. The Licensee shall immediately apply for the reissuance of their
26 Multistate License in their new Home State. The Licensee shall pay all
27 applicable fees and notify the prior Home State in accordance with the
28 Rules of the Commission.
29 2. Upon receipt of an application to reissue a Multistate License,
30 the new Home State shall verify that the Multistate License is active,
31 unencumbered and eligible for reissuance under the terms of the Compact
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1 and the Rules of the Commission. The Multistate License issued by the
2 prior Home State will be deactivated and all Member States notified in
3 accordance with the applicable Rules adopted by the Commission.
4