As used in this compact, and except as otherwise provided, the following definitions shall govern the terms herein:
- (1) ACTIVE DUTY MILITARY MEMBER. Any individual in full-time duty status in the Armed Forces of the United States including members of the National Guard and Reserve.
- (2) ADVERSE ACTION. 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.
- (3) ALTERNATIVE PROGRAM. A non-disciplinary monitoring or prosecutorial diversion program approved by a member state’s state licensing authority.
- (4) AUTHORIZATION TO PRACTICE. 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.
- (5) BACKGROUND CHECK. 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. § 20.33, from the Federal Bureau of Investigation and the agency responsible for retaining state criminal or disciplinary history in the applicant’s home state.
- (6) CHARTER MEMBER STATE. Member states that have enacted legislation to adopt this compact where the legislation predates the effective date of this compact as defined in Section 34-7B-62.
- (7) COMMISSION. 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 Section 34-7B-58, and which shall operate as an instrumentality of the member states.
- (8) COSMETOLOGIST. An individual licensed in his or her home state to practice cosmetology.
- (9) COSMETOLOGY, COSMETOLOGY SERVICES, and THE PRACTICE OF COSMETOLOGY. The care and services provided by a cosmetologist as set forth in the member state’s statutes and rules in the state where the services are being provided.
(10) CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION. Either of the following:
- a. Investigative information that a state licensing authority, after an inquiry or investigation that complies with a member state’s due process requirements, has reason to believe is not groundless and, if proved true, would indicate a violation of that state’s laws regarding fraud or the practice of cosmetology.
- b. 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.
- (11) DATA SYSTEM. A repository of information about licensees including, but not limited to, license status, investigative information, and adverse actions.
- (12) DISQUALIFYING EVENT. Any event which shall disqualify an individual from holding a multistate license under this compact, which the commission may by rule or order specify.
- (13) ENCUMBRANCE. A revocation or suspension of, or any limitation on, the full and unrestricted practice of cosmetology by a state licensing authority.
- (14) EXECUTIVE COMMITTEE. A group of delegates elected or appointed to act on behalf of, and within the powers granted to them by, the commission.
- (15) HOME STATE. The member state which is a licensee’s primary state of residence, and where that licensee holds an active and unencumbered license to practice cosmetology.
- (16) INVESTIGATIVE INFORMATION. Information, records, or documents received or generated by a state licensing authority pursuant to an investigation or other inquiry.
- (17) JURSIPRUDENCE REQUIREMENT. The assessment of an individual’s knowledge of the laws and rules governing the practice of cosmetology in a state.
- (18) LICENSEE. An individual who currently holds a license from a member state to practice as a cosmetologist.
- (19) MEMBER STATE. Any state that has adopted this compact.
- (20) MULTISTATE LICENSE. A license issued by and subject to the enforcement jurisdiction of the state licensing authority in a licensee’s home state, which authorizes the practice of cosmetology in member states and includes authorizations to practice cosmetology in all remote states pursuant to this compact.
- (21) REMOTE STATE. Any member state, other than the licensee’s home state.
- (22) RULE. Any rule or regulation adopted by the commission under this compact which has the force of law.
- (23) SINGLE-STATE LICENSE. A cosmetology license issued by a member state that authorizes practice of cosmetology only within the issuing state and does not include any authorization outside of the issuing state.
- (24) STATE. A state, territory, or possession of the United States and the District of Columbia.
- (25) STATE LICENSING AUTHORITY. A member state’s regulatory body responsible for issuing cosmetology licenses or otherwise overseeing the practice of cosmetology in that state.
(Act 2023-488, §2.)