OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
S.B. 89 Bill Analysis
135th General Assembly
Click here for S.B. 89’s Fiscal Note
Version: As Passed by the Senate
Primary Sponsor: Sen. Roegner
Effective date:
Paul Luzzi, Attorney
SUMMARY
 Enters Ohio as a party to the Cosmetology Licensure Compact, the purpose of which is to
facilitate the interstate practice and regulation of cosmetology and improve public access
to and safety of cosmetology services.
 As a member of the Compact, requires Ohio to allow a cosmetologist licensed in another
member state to practice in Ohio, subject to Ohio’s laws and rules governing the practice
of cosmetology.
 Requires the State Cosmetology and Barber Board to appoint a member to the
Cosmetology Licensure Compact Commission, a joint public agency created by the
Compact to enforce the provisions and rules of the Compact.
 Requires Ohio to submit data regarding cosmetology licensees to the Commission’s data
system, including information related to licensure, adverse action, and the presence of
investigative information.
DETAILED ANALYSIS
Cosmetology Licensure Compact
The bill enters Ohio into the Cosmetology Licensure Compact. The Compact is an
agreement between member states to improve public access to and safety of cosmetology
services, and reduce unnecessary burdens related to cosmetology licensure, by permitting
eligible cosmetologists to work in multiple states.1 It applies to a licensed cosmetologist in Ohio
authorized to engage in all branches of cosmetology (which includes the practice of esthetics,
1 R.C. 4713.33; Article 1 (“Article” references in this analysis are to the Compact enacted in R.C. 4713.33).
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hair design, manicuring, natural hair styling, and boutique services), but not an individual licensed
to practice only a branch of cosmetology.2
The Compact goes into effect when it is enacted by the seventh member state; currently,
five states (Arizona, Alabama, Kentucky, Virginia, and Maryland) have enacted legislation
entering into the Compact. Each state’s enacting statute cannot be materially different from the
model Compact.3 Nothing in the Compact affects Ohio’s requirements for a license to practice as
a cosmetologist.4
State participation in the Compact
To participate in the Cosmetology Licensure Compact, a state must:
1. License and regulate cosmetology;
2. Have a mechanism for receiving and investigating complaints;
3. Require that licensees pass a cosmetology competency examination and satisfy
educational or training requirements in cosmetology before being licensed to provide
cosmetology services;
4. Implement procedures for considering an applicant’s criminal or disciplinary history or
background check when making a licensing decision in accordance with the Compact;
5. Participate in the Cosmetology Licensure Compact Commission’s data system (see
“Cosmetology Licensure Compact Commission” and “Data system”
below);
6. Share information regarding adverse actions with the Commission and other member
states (see “Adverse actions” below);
7. Notify the Commission and other member states of the availability of investigative
information about a licensee;
8. Comply with the Commission’s rules;
9. Accept licensees from other member states.5
Home state licensure
Under the Compact, a “home state” is the member state that is a licensee’s primary state
of residence where the licensee holds an active and unencumbered license to practice
cosmetology. Active military members, or their spouses, must designate a home state where they
have a current license in good standing. That home state designation can remain for as long as
2 Article 2.H and 2.I and R.C. 4713.01, not in the bill.
3 Article 13.A and Cosmetology Licensure Compact Map, which may be accessed by clicking on the
“Compact Map” tab on the Cosmetology Licensure Compact website: cosmetologycompact.org.
4 Article 3.D.
5 Article 3.A.
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the member or spouse is on active duty assignment, regardless of the location of that
assignment.6
Nothing in the Compact is to be construed to limit, restrict, or in any way reduce a
member state’s ability to enact and enforce laws and rules relating to the practice of cosmetology
that are not inconsistent with the Compact.7
Multistate license to practice cosmetology
A multistate license is a license issued by a home state authorizing the practice of
cosmetology in member states and that includes authorizations to practice cosmetology in all
member states that are not a licensee’s home state (referred to as remote states), subject to the
enforcement jurisdiction of the licensing authority in the home state.8
To be eligible for a multistate license under the Compact, an applicant must hold an active
and unencumbered license in the applicant’s home state. The home state may charge a fee for
the license. A cosmetologist practicing in a remote state is subject to the scope of practice laws
and jurisdiction of that state. A multistate license may be valid for the same licensing term as the
home state’s single-state license. A licensee must pay any applicable renewal fees and comply
with the Commission’s rules and the rules and scope of practice laws in any member state where
the licensee practices cosmetology to maintain the multistate license.9
A licensee can hold a multistate license, issued by their home state, in only one member
state at a time. If the licensee changes their home state by moving between two member states,
the Compact provides a process for a multistate license to be reissued to that cosmetologist. If a
licensee moves to a nonmember state, the licensee must get a regular state license from that
state to practice.10
If a home state takes adverse action against a licensee’s multistate license, the licensee’s
authorization to practice is deactivated in all member states until all encumbrances have been
removed.11
If an individual who does not reside in a member state applies for a license in a member
state, that individual is to receive a nonmultistate license and cannot use that license to practice
in other member states.12
6 Article 2.P and 8.
7 Article 6.A.
8 Article 2.U and 2.V.
9 Article 4.
10 Article 5.
11 Article 7.E.
12 Article 3.C.
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Temporary special occasion work permits
Continuing law allows an individual licensed to practice cosmetology in another state or
country to apply to the State Cosmetology and Barber Board for a temporary special occasion
work permit to practice cosmetology in Ohio as part of a promotional or instructional program
for a specified period of time. Under the bill, an individual practicing in Ohio in accordance with
the compact privilege under the Compact does not need to obtain a temporary special occasion
work permit.13
Adverse actions
The Compact provides that a home state has the exclusive power to impose adverse
action against a licensee’s multistate license it issues. “Adverse action” is defined as any
administrative, civil, equitable, or criminal action permitted by a member state’s laws which is
imposed by a licensing authority or other regulatory body against a licensee.14
A home state may take adverse action on a multistate license based on investigative
information or adverse action from a remote state. Joint investigations between member states
also are permissible. While states that are not the home state that issued the multistate license
cannot impose adverse action against the license, a remote state may take adverse action against
a licensee’s authorization to practice in that specific state. Additionally, a remote state may issue
cease and desist orders or limit a licensee’s authorization to practice, issue subpoenas for
hearings and investigations, and recover from the licensee the costs related to the adverse action
against the licensee (if authorized by state law).15
The Compact preserves a state’s ability to permit participation in an alternative program
in lieu of adverse action, but a licensee’s multistate license is suspended for the duration of the
licensee’s participation in the alternative program. “Alternative program” is defined as a
nondisciplinary monitoring or prosecutorial diversion program approved by a state licensing
authority.16
A licensee may be subject to discipline by the state licensing authority of the state where
the licensee is providing cosmetology services. If a member state receives and investigates a
complaint or imposes adverse action against a licensee, it must submit information regarding
that investigation or adverse action to the Commission’s data system (see “Data system”
below).17
13 R.C. 4713.37.
14 Article 7.A and 2.B.
15 Article 7.
16 Article 7.F and 2.D.
17 Article 6.C and 10.C.
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Cosmetology Licensure Compact Commission
The bill requires states participating in the Cosmetology Licensure Compact to establish a
joint government agency known as the Cosmetology Licensure Compact Commission. Each
member state must appoint one delegate, who must be an administrator of the state licensing
authority or the administrator’s designee. The delegate is entitled to one vote regarding all
matters that are voted on by the Commission.
As a party to the Compact, the State Cosmetology and Barber Board must select one
delegate to the Commission within 60 days of Ohio entering the Compact and fill any subsequent
vacancy within 60 days.18
Powers and duties
The Commission must enforce the provisions and rules of the Compact.19 The Commission
has numerous powers and duties specified in the bill, some of which include:
1. Establishing bylaws and a code of conduct for the Commission;
2. Electing a chair, vice chair, secretary, and treasurer, and any other officer provided by
the Commission’s bylaws;
3. Maintaining financial records, establishing a budget, making expenditures, and
borrowing money;
4. Adopting rules to effectively and efficiently implement and administer the Compact,
including emergency rules;
5. Hiring employees and performing matters related to personnel;
6. Assessing and collecting fees and purchasing and maintaining insurance and bonds;
7. Accepting donations and gifts and taking actions regarding real and personal property;
8. Prosecuting legal proceedings;
9. Electing an Executive Committee (see “Executive Committee” below) and
appointing other committees;
10. Determining whether a state’s adopted language is materially different from the model
Compact language to an extent that it disqualifies that state from participation;
11. Performing other functions as necessary and appropriate to achieve the purposes of the
Compact.20
Data system
The Commission must provide for the development, maintenance, operation, and use of
a coordinated database and reporting system containing licensure, adverse action, and
18 Article 9 and R.C. 4713.331.
19 Article 12.D.
20 Article 9.C.
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significant investigative information regarding licensed individuals in member states. All member
states must submit a uniform data set to the data system regarding licensees that are subject to
the Compact. The data set includes: (1) identifying information, (2) licensure data, (3) adverse
actions against a licensee, (4) nonconfidential information related to alternative program
participation, (5) any denial of an application for licensure and reasons for the denial, (6) the
presence of significant investigative information, and (7) other information specified by
Commission rules.
Member states contributing information to the data system may designate information
that may not be shared with the public without express permission from that state. Investigative
information received by a cosmetology licensing board pertaining to the investigation of a
licensee in a member state will be available only to other member states. Member states are
required to monitor the database to determine if adverse action has been taken against a
licensee. If information submitted to the data system is later expunged under federal or member
state law, the information is to be removed from the data system.21
Commission finances
The Commission is required to pay the reasonable expenses of its establishment,
organization, and ongoing activities. The Commission may accept monetary and nonmonetary
donations and grants. It may impose annual assessments on member states and fees on the
multistate license holders of member states to cover the costs of the Commission’s operations
and activities. The Commission must keep accurate records of receipts and disbursements, which
must be reviewed annually.
The Commission is not permitted to incur obligations before securing funds to meet those
obligations and it may not pledge the credit of member states without authority.22
Executive Committee
The Compact creates a Cosmetology Licensure Compact Commission Executive
Committee, and provides that the Executive Committee has the power to act on behalf of the
Commission. The Executive Committee consists of the following seven members:
 The chair, vice chair, secretary, and treasurer of the Commission;
 Three other voting members from the Commission, elected by the Commission.
The Commission also may elect ex-officio, nonvoting members from recognized national
cosmetology professional associations identified in the Commission’s bylaws.
Duties and responsibilities of the Executive Committee include:
1. Overseeing the day-to-day activities of the administration of the Compact;
21 Article 10.
22 Article 9.G.
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2. Recommending changes to rules, bylaws, Compact legislation, and fees charged to
member states and licensees;
3. Ensuring Compact administration services are appropriately provided;
4. Preparing and recommending the budget;
5. Maintaining financial records;
6. Monitoring Compact compliance of member states and providing compliance reports;
7. Establishing additional committees as necessary;
8. Exercising the powers and duties of the Commission during the interim period between
Commission meetings;
9. Any other duties provided in the bylaws.23
Meetings
The Commission and the Executive Committee are required to meet at least annually.
Meetings may take place by telecommunication, video conference, or other similar electronic
means. Generally, meetings must be open to the public. The Compact permits closed, nonpublic
meetings of the Commission, the Executive Committee, or other committees in limited
circumstances, such as to discuss noncompliance of member states, employment matters,
licensee discipline, litigation, contract negotiation, criminal accusations, trade secrets,
investigative records, and legal advice.24
Rulemaking
The Commission has the power to adopt rules by majority vote pursuant to the criteria
and processes set forth in the Compact. The Commission must hold a public hearing before
adopting a rule and allow for public comments, with advanced notice of the proposed rulemaking
and other specified information. Commission rules have the force of law in each member state;
however, if such a rule conflicts with member state scope of practice laws, as held by a court of
competent jurisdiction, the Commission rule is ineffective in that state to the extent of the
conflict.
The Commission may adopt emergency rules in limited circumstances, such as in the case
of an imminent threat to public health or safety or