As used in this compact, and except as otherwise provided, the following definitions govern the terms herein: (1) ACTIVE DUTY. Any individual in full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve. (2) ADVERSE ACTION. Any administrative, civil, equitable, or criminal action permitted by a member state’s laws which is imposed by a licensing authority or other regulatory body against an esthetician, 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 esthetics industry, including the issuance of a cease and desist order. (3) ALTERNATIVE PROGRAM. A non-disciplinary monitoring or prosecutorial diversion program approved by a member state’s licensing authority. (4) AUTHORIZATION TO PRACTICE. A legal authorization associated with a multistate license permitting the practice of esthetics in that remote state, which shall be subject to the enforcement jurisdiction of the licensing authority in that remote state. (5) BACKGROUND CHECK. The submission of information for an applicant for the purpose of obtaining that applicant’s criminal history record information, as further defined in 28 C.F.R. § 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. Member states who have enacted legislation to adopt this compact where such legislation predates the effective date of this compact as defined in Section 34-7B-92. (7) COMMISSION. The joint government agency whose membership consists of all states that have enacted this compact, which is known as the Esthetics Licensure Compact Commission, as defined in Section 34-7B-88, and which shall operate as an instrumentality of the member states. (8) CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION. Either of the following: a. Investigative information that a 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 esthetics. 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. (9) DATA SYSTEM. A repository of information about licensees including, but not limited to, license status, investigative information, and adverse actions. (10) DISQUALIFYING EVENT. Any event that shall disqualify an individual from holding a multistate license under this compact and which the commission, by rule or order, may specify. (11) ENCUMBERED LICENSE. A license in which an adverse action restricts the practice of esthetics by a licensee, or where the adverse action has been reported to the commission. (12) ENCUMBRANCE. A revocation or suspension of, or any limitation on, the full and unrestricted practice of esthetics by a licensing authority. (13) ESTHETICIAN. An individual licensed in his or her home state to engage in the practice of esthetics as defined in this section. (14) ESTHETICS. The skin care and services for cosmetic purposes provided by an esthetician in a member state as set forth in the relevant statutes and rules of a member state. The practice of esthetics occurs in the member state where the client is located at the time of service. (15) EXECUTIVE COMMITTEE. 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. The member state that is a licensee’s primary state of residence and where that licensee holds an active and unencumbered license to practice esthetics. (17) INVESTIGATIVE INFORMATION. Information, records, or documents received or generated by a licensing authority pursuant to an investigation or other inquiry. (18) JURISPRUDENCE REQUIREMENT. The assessment of an individual’s knowledge of the laws and rules governing the practice of esthetics in a state. (19) LICENSEE. An individual who currently holds a license from a member state to practice as an esthetician. (20) LICENSING AUTHORITY. A state’s administrative or regulatory body responsible for regulating the practice of esthetics, or which is responsible for issuing licenses to estheticians or otherwise overseeing the practice of esthetics in that state. (21) MEMBER STATE. Any state that has adopted this compact. (22) MULTISTATE LICENSE. A license issued and subject to the enforcement jurisdiction of the licensing authority in a licensee’s home state, which authorizes the practice of esthetics in member states and includes authorizations to practice esthetics in all remote states pursuant to this compact. (23) REMOTE STATE. Any member state, other than the licensee’s home state. (24) RULE. A regulation adopted by the commission under this compact, or an authorized entity, that has the force of law. (25) SINGLE-STATE LICENSE. A license issued by a member state which authorizes the practice of esthetics only within the issuing state and does not include any authorization outside of the issuing state. (26) STATE. A state, commonwealth, territory, or possession of the United States and the District of Columbia.
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