Sponsored by:
Assemblyman STERLEY S. STANLEY
District 18 (Middlesex)
Assemblyman WILLIAM B. SAMPSON, IV
District 31 (Hudson)
Co-Sponsored by:
Assemblywoman Morales
SYNOPSIS
Enters NJ in Cosmetology Licensure Compact.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the Cosmetology Licensure Compact and supplementing Title 45 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The State of New Jersey enacts and enters into the Cosmetology Licensure Compact with all other jurisdictions that legally join in the compact in the form substantially as follows:
ARTICLE I: Purpose and Objectives
1. 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, 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.
2. 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; and
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 II: Definitions
1. 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 states laws which is imposed by a state licensing authority or other regulatory body against a cosmetologist, including actions against an individuals license or authorization to practice such as revocation, suspension, probation, monitoring of the licensee, limitation of the licensees practice, or any other encumbrance on a license affecting an individuals 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 states state licensing authority.
e. Background check means the submission of information for an applicant for the purpose of obtaining that applicants criminal history record information, as further defined in 28 C.F.R. 20.3(d), and the Division of Consumer Affairs in the Department of Law and Public Safety.
f. Charter member state means member states who have enacted legislation to adopt this compact where the legislation predates the effective date of this compact as defined in Article XIII.
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 IX, and which shall operate as an instrumentality of the member states.
h. Cosmetologist means an individual licensed in their home state to practice cosmetology. For purposes of this compact, cosmetologist shall mean the same as cosmetologist-hairstylist, as defined pursuant to section 3 of P.L.1984, c.205 (C.45:5B-3).
i. Cosmetology, cosmetology services, and the practice of cosmetology mean the care and services provided by a cosmetologist as set forth in the member states statutes and regulations in the state where the services are being provided. For the purposes of this compact, cosmetology, cosmetology services, and the practice of cosmetology shall mean the same as cosmetology and hairstyling, as defined pursuant to subsection 3 of P.L.1984, c.205 (C.45:5B-3).
j. Current significant investigative information means investigative information that a state licensing authority, after an inquiry or investigation that complies with a member states due process requirements, has reason to believe is not groundless and, if proved true, would indicate a violation of that states laws regarding fraud or the practice of cosmetology; or 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 licensees primary state of residence, and where that licensee holds an active and unencumbered license to practice cosmetology.