Current through L. 2024, ch. 259
Section 32-581 - DefinitionsIn this compact, unless the context otherwise requires:
1. "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.2. "Adverse action" means any administrative, civil, equitable or criminal action allowed by a member state's laws that 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" means a nondisciplinary monitoring or prosecutorial diversion program approved by a member state's state licensing authority.4. "Authorization to practice" means a legal authorization associated with a multistate license allowing the practice of cosmetology in that remote state that is subject to the enforcement jurisdiction of the state licensing authority in that remote state.5. "Background check" means the submission of information for an applicant for the purpose of obtaining that applicant's criminal history record information, as defined in 28 Code of Federal Regulations section 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.6. "Charter member state" means member states that have enacted legislation to adopt this compact where the legislation predates the effective date of this compact as described in section 32-596.7. "Commission" or "cosmetology licensure compact commission" means a government agency whose membership consists of all states that have enacted this compact and that operates as an instrumentality of the member states.8. "Cosmetologist" means an individual who is licensed in the individual's home state to practice cosmetology.9. "Cosmetology", "cosmetology services" and "practice of cosmetology" mean 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" means either of the following: (a) 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) Information that indicates 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" means a repository of information about licensees, including license status, investigative information and adverse actions.12. "Encumbrance" means a revocation or suspension of, or any limit on, the full and unrestricted practice of cosmetology by a state licensing authority.13. "Executive committee" means a group of delegates elected or appointed to act on behalf of, and within the powers granted to the group by, the commission.14. "Home state" means the member state that is a licensee's primary state of residence and where the licensee holds an active license to practice cosmetology, and the license does not have an adverse action restricting the practice of cosmetology or have an adverse action has been reported to the commission.15. "Investigative information" means information, records or documents received or generated by a state licensing authority pursuant to an investigation or other inquiry.16. "Jurisprudence requirement" means the assessment of an individual's knowledge of the laws governing the practice of cosmetology in a state.17. "Licensee" means an individual who currently holds a license from a member state to practice as a cosmetologist.18. "Member state" means any state that has adopted this compact.19. "Multistate license" means a license that is issued and subject to the enforcement jurisdiction of the state licensing authority in a licensee's home state, that authorizes the licensee to practice cosmetology in member states and that includes authorizations for the licensee to practice cosmetology in all remote states pursuant to this compact.20. "Remote state" means any member state other than the licensee's home state.21. "Rule" means any rule that is adopted by the commission under this compact and that has the force of law.22. "Single-state license" means a cosmetology license issued by a member state that authorizes the practice of cosmetology only within the issuing state and does not include any authorization outside of the issuing state.23. "State" means a state, territory or possession of the United States and the District of Columbia.24. "State licensing authority" means a member state's regulatory body that is responsible for issuing cosmetology licenses or otherwise overseeing the practice of cosmetology in that state. Added by L. 2023, ch. 93,s. 1, eff. 7/1/2024.