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 62-4-209 - Adverse actions

(a)
A licensee's home state has exclusive power to impose an adverse action against a licensee's multistate license issued by the home state.
(b)
A home state may take adverse action on a multistate license based on the investigative information, current significant investigative information, or adverse action of a remote state.
(c)
In addition to the powers conferred by state law, each remote state's state licensing authority has the power to:
(1)
Take adverse action against a licensee's authorization to practice cosmetology through the multistate license in that member state; provided, that:
(A)
Only the licensee's home state has the power to take adverse action against the multistate license issued by the home state; and
(B)
For the purposes of taking adverse action, the home state's state licensing authority shall give the same priority and effect to reported conduct received from a remote state as it would if such conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine the appropriate action;
(2)
Issue cease and desist orders or impose an encumbrance on a licensee's authorization to practice within that member state;
(3)
Complete any pending investigations of a licensee who changes their primary state of residence during the course of such an investigation. The state licensing authority is also empowered to report the results of such an investigation to the commission through the data system as described in this compact;
(4)
Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, as well as the production of evidence. Subpoenas issued by a state licensing authority in a member state for the attendance and testimony of witnesses or the production of evidence from another member state must be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings before it. The issuing state licensing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located;
(5)
If otherwise permitted by state law, recover from the affected licensee the costs of investigations and disposition of cases resulting from any adverse action taken against that licensee; and
(6)
Take adverse action against the licensee's authorization to practice in that state based on the factual findings of another remote state.
(d)
A licensee's home state shall complete any pending investigation of a cosmetologist who changes their primary state of residence during the course of any investigation. The home state also has the authority to take appropriate actions and promptly report the conclusions of any investigation to the data system.
(e)
If an adverse action is taken by the home state against a licensee's. multistate license, then the licensee's authorization to practice in all other member states must be deactivated until all encumbrances have been removed from the home state license. All home state disciplinary orders that impose an adverse action against a licensee's multistate license must include a statement that the cosmetologist's authorization to practice is deactivated in all member states during the pendency of the order.
(f)
Nothing in this compact overrides a member state's authority to accept a licensee's participation in an alternative program in lieu of adverse action. A licensee's multistate license must be suspended for the duration of the licensee's participation in any alternative program.
(g)
Joint investigations.
(1)
In addition to the authority granted to a member state by its respective scope of practice laws or other applicable state law, a member state may participate with other member states in joint investigations of licensees.
(2)
Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under this compact.
Added by 2024 Tenn. Acts, ch. 1060,s 1, eff. 7/1/2024.