AB 323

This bill ratifies and enters Wisconsin into the Cosmetology Licensure Compact, which provides for the ability of a cosmetologist to become eligible to practice in other compact states. Significant provisions of the compact include the following:

1. The creation of a Cosmetology Licensure Compact Commission, which includes one administrator of the cosmetology licensure authority of each member state. The commission has various powers and duties granted in the compact, including adopting bylaws, promulgating binding rules for the compact, appointing officers and hiring employees, and establishing and electing an executive committee. The commission may levy on and collect an annual assessment from each member state or impose fees on licensees who receive multistate licenses to cover the cost of the operations and activities of the commission and its staff.

2. The ability for a cosmetologist to obtain a “multistate license,” which allows a cosmetologist who satisfies certain criteria to practice cosmetology in other member states (remote states) under the remote state’s scope of practice laws and rules of the remote state’s licensing authority. The compact specifies a number of requirements in order for a cosmetologist to obtain a multistate license, including holding an unencumbered cosmetology license in his or her primary state of residence (home state) and paying any required fees. A remote state may, in accordance with that state’s laws, take adverse action against a cosmetologist’s authorization to practice cosmetology in the remote state. If a cosmetologist’s home state takes adverse action against the cosmetologist’s license, the cosmetologist’s authorization to practice in all other member states is deactivated until all encumbrances have been removed from the home state license.

3. The ability of member states to issue subpoenas that are enforceable in other states.

4. The creation of a coordinated database and reporting system containing licensure, adverse action, and the reporting of the existence of investigative information on a) cosmetologists and b) applicants denied a cosmetologist license. The compact requires information related to adverse actions to be shared with the commission and other member states, through the data system and otherwise. A member state must submit a uniform data set to the data system on all individuals to whom the compact is applicable as required by the rules of the commission.

5. Provisions regarding resolutions of disputes among member states and between member and nonmember states, including a process for termination of a state’s membership in the compact if the state defaults on its obligations under the compact.

The compact becomes effective upon enactment by seven states. The compact provides that it may be amended upon enactment of an amendment by all member states. A state may withdraw from the compact by repealing the statute authorizing the compact, but the compact provides that a withdrawal does not take effect until 180 days after the enactment of that repeal.