Tenn. Code Ann. § 62-4-204: Part definitions

As used in this compact, and except as otherwise provided, the following definitions govern the terms in this compact: (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 permitted 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 non-disciplinary 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 permitting the practice of cosmetology in that remote state, which 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 further defined in 28 CFR § 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 a member state who has enacted legislation to adopt this compact where such legislation predates the effective date of this compact as described in § 62-4-215 ; (7) "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 established by § 62-4-211 , and which operates as an instrumentality of the member states; (8) "Cosmetologist" means an individual licensed in their home state to practice cosmetology; (9) "Cosmetology", "cosmetology services", and the "practice of cosmetology" mean the care and services provided by a cosmetologist as set forth in the member state's statutes and regulations in the state where the services are being provided; (10) "Current significant investigative information" means: (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; or (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" means a repository of information about licensees, including, but not limited to, license status, investigative information, and adverse actions; (12) "Disqualifying event" means any event that disqualifies an individual from holding a multistate license under this compact, which the commission may by rule or order specify; (13) "Encumbered license" means a license in which an adverse action restricts the practice of cosmetology by a licensee, or where said adverse action has been reported to the commission; (14) "Encumbrance" means a revocation or suspension of, or any limitation on, the full and unrestricted practice of cosmetology by a state licensing authority; (15) "Executive committee" means a group of delegates elected or appointed to act on behalf of, and within the powers granted to them by, the commission; (16) "Home state" means the member state that is a licensee's primary state of residence, and where that l

eans a revocation or suspension of, or any limitation on, the full and unrestricted practice of cosmetology by a state licensing authority; (15) "Executive committee" means a group of delegates elected or appointed to act on behalf of, and within the powers granted to them by, the commission; (16) "Home state" means the member state that is a licensee's primary state of residence, and where that licensee holds an active and unencumbered license to practice cosmetology; (17) "Investigative information" means information, records, or documents received or generated by a state licensing authority pursuant to an investigation or other inquiry; (18) "Jurisprudence requirement" means the assessment of an individual's knowledge of the laws and rules governing the practice of cosmetology in a state; (19) "Licensee" means an individual who currently holds a license from a member state to practice as a cosmetologist; (20) "Member state" means any state that has adopted this compact; (21) "Multistate license" means 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; (22) "Remote state" means any member state, other than the licensee's home state; (23) "Rule" means any rule or regulation promulgated by the commission under this compact that has the force of law; (24) "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; (25) "State" means a state, territory, or possession of the United States and the District of Columbia; and (26) "State licensing authority" means a member state's regulatory body responsible for issuing cosmetology licenses or otherwise overseeing the practice of cosmetology in that state. Added by 2024 Tenn. Acts, ch. 1060,s 1, eff. 7/1/2024.

As used in this compact, and except as otherwise provided, the following definitions govern the terms in this compact:

(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 permitted 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 non-disciplinary 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 permitting the practice of cosmetology in that remote state, which 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 further defined in 28 CFR § 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 a member state who has enacted legislation to adopt this compact where such legislation predates the effective date of this compact as described in § 62-4-215 ;

information, as further defined in 28 CFR § 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 a member state who has enacted legislation to adopt this compact where such legislation predates the effective date of this compact as described in § 62-4-215 ;

(7) "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 established by § 62-4-211 , and which operates as an instrumentality of the member states;

(8) "Cosmetologist" means an individual licensed in their home state to practice cosmetology;

(9) "Cosmetology", "cosmetology services", and the "practice of cosmetology" mean the care and services provided by a cosmetologist as set forth in the member state's statutes and regulations in the state where the services are being provided;

(10) "Current significant investigative information" means: (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; or (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;

(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; or

(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" means a repository of information about licensees, including, but not limited to, license status, investigative information, and adverse actions;

(12) "Disqualifying event" means any event that disqualifies an individual from holding a multistate license under this compact, which the commission may by rule or order specify;

(13) "Encumbered license" means a license in which an adverse action restricts the practice of cosmetology by a licensee, or where said adverse action has been reported to the commission;

(14) "Encumbrance" means a revocation or suspension of, or any limitation on, the full and unrestricted practice of cosmetology by a state licensing authority;

(15) "Executive committee" means a group of delegates elected or appointed to act on behalf of, and within the powers granted to them by, the commission;

(16) "Home state" means the member state that is a licensee's primary state of residence, and where that licensee holds an active and unencumbered license to practice cosmetology;

(17) "Investigative information" means information, records, or documents received or generated by a state licensing authority pursuant to an investigation or other inquiry;

(18) "Jurisprudence requirement" means the assessment of an individual's knowledge of the laws and rules governing the practice of cosmetology in a state;

(19) "Licensee" means an individual who currently holds a license from a member state to practice as a cosmetologist;

(20) "Member state" means any state that has adopted this compact;

ing authority pursuant to an investigation or other inquiry;

(18) "Jurisprudence requirement" means the assessment of an individual's knowledge of the laws and rules governing the practice of cosmetology in a state;

(19) "Licensee" means an individual who currently holds a license from a member state to practice as a cosmetologist;

(20) "Member state" means any state that has adopted this compact;

(21) "Multistate license" means 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;

(22) "Remote state" means any member state, other than the licensee's home state;

(23) "Rule" means any rule or regulation promulgated by the commission under this compact that has the force of law;

(24) "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;

(25) "State" means a state, territory, or possession of the United States and the District of Columbia; and

(26) "State licensing authority" means a member state's regulatory body responsible for issuing cosmetology licenses or otherwise overseeing the practice of cosmetology in that state.