Bill Summary – FastDemocracy

      
            88S30076 SCP-F
         
		By: Zaffirini
            S.B. No. 16
         
               A BILL TO BE ENTITLED
            
               AN ACT
            
            relating to the Cosmetology Licensure Compact; authorizing fees.
         
                   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         
                   SECTION 1.  Title 9, Occupations Code, is amended by adding 
         
            Chapter 1604 to read as follows:
         
            CHAPTER 1604.  COSMETOLOGY LICENSURE COMPACT
         
                   Sec. 1604.001.  COSMETOLOGY LICENSURE COMPACT.  The 
         
            Cosmetology Licensure Compact is enacted and entered into with all 
         
            other jurisdictions that legally join the compact, which reads as 
         
            follows:
         
            COSMETOLOGY LICENSURE COMPACT
         
            ARTICLE 1- PURPOSE
         
            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, the 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.
         
            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;
         
            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 2- DEFINITIONS
         
            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 State's laws which is 
         
            imposed by a State Licensing Authority or other regulatory body 
         
            against a Cosmetologist, including actions against an 
         
            individual's license or Authorization to Practice such as 
         
            revocation, suspension, probation, monitoring of the Licensee, 
         
            limitation of the Licensee's practice, or any other Encumbrance 
         
            on a license affecting an individual's 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 State's 
         
            State Licensing Authority.
         
            E. "Background Check" means the submission of information for an 
         
            applicant for the purpose of obtaining that applicant's criminal 
         
            history record information, as further defined in 28 C.F.R.  
         
            20.3(d), from the Federal Bureau of Investigation and the agency 
         
            responsible for retaining State criminal or disciplinary history 
         
            in the applicant's Home State.
         
            F. "Charter Member State" means Member States who have enacted 
         
            legislation to adopt this Compact where such legislation 
         
            predates the effective date of this Compact as defined in Article 
         
            13.
         
            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 9, and which shall operate as an 
         
            instrumentality of the Member States.
         
            H. "C
Statutes affected: 
Introduced:  ()



	A BILL TO BE ENTITLED
	AN ACT
	relating to the Cosmetology Licensure Compact; authorizing fees.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Title 9, Occupations Code, is amended by adding
	Chapter 1604 to read as follows:
	CHAPTER 1604. COSMETOLOGY LICENSURE COMPACT
	Sec. 1604.001. COSMETOLOGY LICENSURE COMPACT. The
	Cosmetology Licensure Compact is enacted and entered into with all
	other jurisdictions that legally join the compact, which reads as
	follows:
	COSMETOLOGY LICENSURE COMPACT
	ARTICLE 1- PURPOSE
	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, the 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.
	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;
	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 2- DEFINITIONS
	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 State's laws which is
	imposed by a State Licensing Authority or other regulatory body
	against a Cosmetologist, including actions against an
	individual's license or Authorization to Practice such as
	revocation, suspension, probation, monitoring of the Licensee,
	limitation of the Licensee's practice, or any other Encumbrance
	on a license affecting an individual's 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 State's
	State Licensing Authority.
	E. "Background Check" means the submission of information for an
	applicant for the purpose of obtaining that applicant's criminal
	history record information, as further defined in 28 C.F.R.
	20.3(d), from the Federal Bureau of Investigation and the agency
	responsible for retaining State criminal or disciplinary history
	in the applicant's Home State.
	F. "Charter Member State" means Member States who have enacted
	legislation to adopt this Compact where such legislation
	predates the effective date of this Compact as defined in Article
	13.
	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 9, and which shall operate as an
	instrumentality of the Member States.
	H. "C Statutes affected: Introduced: ()