WEST VIRGINIA LEGISLATURE
2024 REGULAR SESSION
Introduced House Bill 5566
By Delegate Foster [Introduced February 12, 2024; Referred to the Committee on Government Organization]
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1 A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article,
2 designated §30-27A-1, §30-27A-2, §30-27A-3, §30-27A-4, §30-27A-5, §30-27A-6, §30-
3 27A-7, §30-27A-8, §30-27A-9, §30-27A-10, §30-27A-11, §30-27A-12, §30-27A-13, §30-
4 27A-14, and §30-27A-15, all relating to establishing the Interstate Cosmetology Licensure
5 Compact, defining terms, providing requirements for membership, establishing data
6 process, providing regulations for multistate licensures, establishing the Interstate
7 Cosmetology Licensure Compact Commission, establishing an effective date, providing
8 for oversight, dispute resolution, and enforcement powers, granting rulemaking authority,
9 establishing construction and severability, and providing for disputes with other states'
10 laws.
Be it enacted by the Legislature of West Virginia:
ARTICLE 27A. INTERSTATE COSMETOLOGY LICENSURE COMPACT.
§30-27A-1. Purpose.
1 The purpose of this compact is to facilitate the interstate practice and regulation of
2 cosmetology with the goal of improving public access to, and the safety of, cosmetology services
3 and reducing unnecessary burdens related to cosmetology licensure. Through this compact, the
4 member states seek to establish a regulatory framework which provides for a new multistate
5 licensing program. Through this new licensing program, the member states seek to provide
6 increased value and mobility to licensed cosmetologists in the member states, while ensuring the
7 provision of safe, effective, and reliable services to the public.
8 This compact is designed to achieve the following objectives, and the member states
9 hereby ratify the same intentions by subscribing hereto:
10 (a) Provide opportunities for interstate practice by cosmetologists who meet uniform
11 requirements for multistate licensure;
12 (b) Enhance the abilities of member states to protect public health and safety, and prevent
13 fraud and unlicensed activity within the profession;
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14 (c) Ensure and encourage cooperation between member states in the licensure and
15 regulation of the practice of cosmetology;
16 (d) Support relocating military members and their spouses;
17 (e) Facilitate the exchange of information between member states related to the licensure,
18 investigation, and discipline of the practice of cosmetology;
19 (f) Provide for the licensure and mobility of the workforce in the profession, while
20 addressing the shortage of workers and lessening the associated burdens on the member states.
§30-27A-2. Definitions.
1 As used in this compact, and except as otherwise provided, the following definitions shall
2 govern the terms herein:
3 (a) "Active military member" means any person with full-time duty status in the armed
4 forces of the United States, including members of the National Guard and Reserve.
5 (b) "Adverse action" means any administrative, civil, equitable, or criminal action permitted
6 by a member state’s laws which is imposed by a state licensing authority or other regulatory body
7 against a cosmetologist, including actions against an individual’s license or authorization to
8 practice such as revocation, suspension, probation, monitoring of the licensee, limitation of the
9 licensee’s practice, or any other encumbrance on a license affecting an individual’s ability to
10 participate in the cosmetology industry, including the issuance of a cease and desist order.
11 (c) "Authorization to practice" means a legal authorization associated with a multistate
12 license permitting the practice of cosmetology in that remote state, which shall be subject to the
13 enforcement jurisdiction of the state licensing authority in that remote state.
14 (d) "Alternative program" means a non-disciplinary monitoring or prosecutorial diversion
15 program approved by a member state’s state licensing authority.
16 (e) "Background check" means the submission of information for an applicant for the
17 purpose of obtaining that applicant’s criminal history record information, as further defined in 28
18 C.F.R. § 20.3(d), from the Federal Bureau of Investigation and the agency responsible for retaining
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19 state criminal or disciplinary history in the applicant’s home state.
20 (f) "Charter member state" means member states who have enacted legislation to adopt
21 this compact where such legislation predates the effective date of this compact as defined in §30-
22 27A-13 of this code.
23 (g) "Commission" means the government agency whose membership consists of all states
24 that have enacted this compact, which is known as the Cosmetology Licensure Compact
25 Commission, as defined in §30-27A-9 of this code, and which shall operate as an instrumentality
26 of the member states.
27 (h) "Cosmetologist" means an individual licensed in their home state to practice
28 cosmetology.
29 (i) "Cosmetology", "cosmetology services", and the "practice of cosmetology" mean the
30 care and services provided by a cosmetologist as set forth in the member state’s statutes and
31 regulations in the state where the services are being provided.
32 (j) "Current significant investigative information" means:
33 (1) Investigative information that a state licensing authority, after an inquiry or investigation
34 that complies with a member state’s due process requirements, has reason to believe is not
35 groundless and, if proved true, would indicate a violation of that state’s laws regarding fraud or the
36 practice of cosmetology; or
37 (2) Investigative information that indicates that a licensee has engaged in fraud or
38 represents an immediate threat to public health and safety, regardless of whether the licensee has
39 been notified and had an opportunity to respond.
40 (k) "Data system" means a repository of information about licensees, including, but not
41 limited to, license status, investigative information, and adverse actions.
42 (l) "Disqualifying event" means any event which shall disqualify an individual from holding
43 a multistate license under this compact, which the commission may by rule or order specify.
44 (m) "Encumbered license" means a license in which an adverse action restricts the
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45 practice of cosmetology by a licensee, or where said adverse action has been reported to the
46 commission.
47 (n) "Encumbrance" means a revocation or suspension of, or any limitation on, the full and
48 unrestricted practice of cosmetology by a state licensing authority.
49 (o) "Executive committee" means a group of delegates elected or appointed to act on
50 behalf of, and within the powers granted to them by, the commission.
51 (p) "Home state" means the member state which is a licensee’s primary state of residence,
52 and where that licensee holds an active and unencumbered license to practice cosmetology.
53 (q) "Investigative information" means information, records, or documents received or
54 generated by a state licensing authority pursuant to an investigation or other inquiry.
55 (r) "Jurisprudence requirement" means the assessment of an individual’s knowledge of the
56 laws and rules governing the practice of cosmetology in a state.
57 (s) "Licensee" means an individual who currently holds a license from a member state to
58 practice as a cosmetologist.
59 (t) "Member state" means any state that has adopted this compact.
60 (u) "Multistate license" means a license issued by and subject to the enforcement
61 jurisdiction of the state licensing authority in a licensee’s home state, which authorizes the practice
62 of cosmetology in member states and includes authorizations to practice cosmetology in all
63 remote states pursuant to this compact.
64 (v) "Remote state" means any member state, other than the licensee’s home state.
65 (w) "Rule" means any rule or regulation promulgated by the commission under this
66 compact which has the force of law.
67 (x) "Single-state license" means a cosmetology license issued by a member state that
68 authorizes practice of cosmetology only within the issuing state and does not include any
69 authorization outside of the issuing state.
70 (y) "State" means a state, territory, or possession of the United States and the District of
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71 Columbia.
72 (z) "State licensing authority" means a member state’s regulatory body responsible for
73 issuing cosmetology licenses or otherwise overseeing the practice of cosmetology in that state.
§30-27A-3. Member state requirements.
1 (a) To be eligible to join this compact, and to maintain eligibility as a member state, a state
2 must:
3 (1) License and regulate cosmetology;
4 (2) Have a mechanism or entity in place to receive and investigate complaints about
5 licensees practicing in that state;
6 (3) Require that licensees within the state pass a cosmetology competency examination
7 prior to being licensed to provide cosmetology services to the public in that state;
8 (4) Require that licensees satisfy educational or training requirements in cosmetology prior
9 to being licensed to provide cosmetology services to the public in that state;
10 (5) Implement procedures for considering one or more of the following categories of
11 information from applicants for licensure: criminal history; disciplinary history; or background
12 check. Such procedures may include the submission of information by applicants for the purpose
13 of obtaining an applicant’s background check as defined herein;
14 (6) Participate in the data system, including through the use of unique identifying numbers;
15 (7) Share information related to adverse actions with the commission and other member
16 states, both through the data system and otherwise;
17 (8) Notify the commission and other member states, in compliance with the terms of the
18 compact and rules of the commission, of the existence of investigative information or current
19 significant investigative information in the state’s possession regarding a licensee practicing in
20 that state;
21 (9) Comply with such rules as may be enacted by the commission to administer the
22 compact; and
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23 (10) Accept licensees from other member states as established herein.
24 (b) Member states may charge a fee for granting a license to practice cosmetology.
25 (c) Individuals not residing in a member state shall continue to be able to apply for a
26 member state’s single-state license as provided under the laws of each member state. However,
27 the single-state license granted to these individuals shall not be recognized as granting a
28 multistate license to provide services in any other member state.
29 (d) Nothing in this compact shall affect the requirements established by a member state for
30 the issuance of a single-state license.
31 (e) A multistate license issued to a licensee by a home state to a resident of that state shall
32 be recognized by each member state as authorizing a licensee to practice cosmetology in each
33 member state.
34 (f) At no point shall the commission have the power to define the educational or
35 professional requirements for a license to practice cosmetology. The member states shall retain
36 sole jurisdiction over the provision of these requirements.
§30-27A-4. Multi-state licenses.
1 (a) To be eligible to apply to their home state’s state licensing authority for an initial
2 multistate license under this compact, a licensee must hold an active and unencumbered single-
3 state license to practice cosmetology in their home state.
4 (b) Upon the receipt of an application for a multistate license, according to the rules of the
5 commission, a member state’s state licensing authority shall ascertain whether the applicant
6 meets the requirements for a multistate license under this compact.
7 (c) If an applicant meets the requirements for a multistate license under this compact and
8 any applicable rules of the commission, the state licensing authority in receipt of the application
9 shall, within a reasonable time, grant a multistate license to that applicant, and inform all member
10 states of the grant of said multistate license.
11 (d) A multistate license to practice cosmetology issued by a member state’s state licensing
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12 authority shall be recognized by each member state as authorizing the practice thereof as though
13 that licensee held a single-state license to do so in each member state, subject to the restrictions
14 herein.
15 (e) A multistate license granted pursuant to this compact may be effective for a definite
16 period of time, concurrent with the licensure renewal period in the home state.
17 (f) To maintain a multistate license under this compact, a licensee must:
18 (1) Agree to abide by the rules of the state licensing authority, and the state scope of
19 practice laws governing the practice of cosmetology, of any member state in which the licensee
20 provides services;
21 (2) Pay all required fees related to the application and process, and any other fees which
22 the commission may by rule require; and
23 (3) Comply with any and all other requirements regarding multistate licenses which the
24 commission may by rule provide.
25 (g) A licensee practicing in a member state is subject to all scope of practice laws
26 governing cosmetology services in that state.
27 (h) The practice of cosmetology under a multistate license granted pursuant to this
28 compact will subject the licensee to the jurisdiction of the state licensing authority, the courts, and
29 the laws of the member state in which the cosmetology services are provided.
§30-27A-5. Re-issuance of a new multi-state license by a new home state.
1 (a) A licensee may hold a multistate license, issued by their home state, in only one
2 member state at any given time.
3 (b) If a licensee changes their home state by moving between two member states:
4 (1) The licensee shall immediately apply for the reissuance of their multistate license in
5 their new home state. The licensee shall pay all applicable fees and notify the prior home state in
6 accordance with the rules of the commission.
7 (2) Upon receipt of an application to reissue a multistate license, the new home state shall
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8 verify that the multistate license is active, unencumbered, and eligible for reissuance under the
9 terms of the compact and the rules of the commission. The multistate license issued by the prior
10 home state will be deactivated and all member states notified in accordance with the applicable
11 rules adopted by the commission.
12 (3) If required for initial licensure, the new home state may require a background check as
13 specified in the laws of that state, or the compliance with any jurisprudence requirements of the
14 new home state.
15 (4) Notwithstanding any other provision of this compact, if a licensee does not meet the
16 requirements set forth in this compact for the reissuance of a multistate license by the new home
17 state, then the licensee shall be subject to the new home state requirements for the issuance of a
18 single-state license in that state.
19 (c) If a licensee changes their primary state of residence by moving from a member state to
20 a non-member state, or from a non-member state to a member state, then the licensee shall be
21 subject to the state requirements for the issuance of a single-state license in the new home state.
22 (d) Nothing in this compact shall interfere with a licensee’s ability to hold a single-state
23 license in multiple states; however, for the purposes of this compact, a licensee shall have only
24 one home state, and only one multistate license.
25 (e) Nothing in this compact shall interfere with the requirements established by a member
26 state for the issuance of a single-state license.
§30-27A-6. Authority of the Compact Commission and member licensing authorities.
1 (a) Nothing in this compact, nor any rule or regulation of the commission, shall be
2 construed to limit, restrict, or in any way reduce the ability of a member state to enact and enforce
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