2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 4 - TENNESSEE COSMETOLOGY ACT OF 1986 (§§ 62-4-101 — 62-4-217) › Part 2 - COSMETOLOGY LICENSURE COMPACT (§§ 62-4-201 — 62-4-217) › Section 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 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.