dentists; dental hygienists; compact

SB1310 - 572R - I Ver

REFERENCE TITLE:
dentists; dental hygienists; compact

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SB 1310

Introduced by

Senator
Shope

AN
ACT

Amending title 32, chapter 11, arizona
revised statutes, by adding article 9; relating to dentists and dental
hygienists.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 32, chapter 11, Arizona
Revised Statutes, is amended by adding article 9, to read:

ARTICLE 9. DENTIST AND DENTAL
HYGIENIST COMPACT

START_STATUTE
32-1299.51.

Dentists and dental hygienists; compact

Section
1. Title and Purpose

This article shall be known and cited as the
"dentist and dental hygienist compact".� The purposes of this compact
are to facilitate the interstate practice of dentistry and dental hygiene and
improve public access to dentistry and dental hygiene services by providing
dentists and dental hygienists who are licensed in a participating state with
the ability to practice in participating states in which they are not
licensed.� This compact does this by establishing a pathway for dentists and
dental hygienists who are licensed in a participating state to obtain a compact
privilege that authorizes them to practice in another participating state in
which they are not licensed.� This compact enables participating states to
protect the public health and safety, with respect to the practice of such
dentists and dental hygienists, through the state's authority to regulate the
practice of dentistry and dental hygiene in the state.� This compact:

1. Enables dentists and dental
hygienists who qualify for a compact privilege to practice in other
participating states without satisfying burdensome and duplicative requirements
associated with securing a license to practice in those states.

2. Promotes mobility and addresses
workforce shortages through each participating state's acceptance of a compact
privilege to practice in that state.

3. Increases public access to
qualified licensed dentists and dental hygienists by creating a responsible,
streamlined pathway for licensees to practice in participating states.

4. Enhances the ability of
participating states to protect the public health and safety.

5. Does not interfere with licensure
requirements established by a participating state.

6. Facilitates the sharing of
licensure and disciplinary information among participating states.

7. Requires dentists and dental
hygienists who practice in a participating state pursuant to a compact
privilege to practice within the scope of practice authorized in that state.

8. Extends the authority of a
participating state to regulate the practices of dentistry and dental hygiene
within its borders to dentists and dental hygienists who practice in the state
through a compact privilege.

9. Promotes
the cooperation of participating states in regulating the practices of
dentistry and dental hygiene within those states.

10. Facilitates the relocation of
active military members and their spouses who are licensed to practice
dentistry or dental hygiene.

SECTION 2. DEFINITIONS

In this compact, unless the context otherwise
requires:

1. "Active military member"
means any person who has full-time duty status in the armed forces of the
United States, including members of the national guard and reserve.

2. "Adverse action" means a
disciplinary action or encumbrance imposed on a license or compact privilege by
a state licensing authority.

3. "Alternative program":

(
a
) Means a nondisciplinary monitoring or practice
remediation process that applies to a dentist or dental hygienist and that is
approved by the state licensing authority of a participating state in which the
dentist or dental hygienist is licensed.

(
b
) Includes but is not limited to programs to which
licensees with substance abuse or addiction issues are referred in lieu of
adverse action.

4. "Clinical assessment"
means an examination or process that is required for licensure as a dentist or
dental hygienist, as applicable, and that provides evidence of clinical
competence in the practice of dentistry or dental hygiene.

5. "Commissioner" means the
individual who is appointed by a participating state to serve as the member of
the commission for that participating state.

6. "Compact" means this
dentist and dental hygienist compact.

7. "Compact privilege"
means the authorization granted by a remote state to allow a licensee from a
participating state to practice as a dentist or dental hygienist in a remote
state.

8. "Continuing professional
development" means a requirement, as a condition of license renewal, to
provide evidence of successful participation in educational or professional
activities relevant to the licensee's practice or area of work.

9. "Criminal background
check" means the submission of fingerprints or other biometric-based
information of a license applicant to obtain that applicant's criminal history
record information, as defined in 28 Code of Federal Regulations section 20.3(
d
), from the federal bureau of INVESTIGATION and the state's criminal
history record repository as defined in 28 Code of Federal Regulations section
20.3(
f
).

10. "Data system" means the
commission's repository of information about licensees, including examination,
licensure, investigative, compact privilege, adverse action and alternative
program information.

11. "Dental
hygienist" means an individual who is licensed by a state licensing
authority to practice dental hygiene.

12. "Dentist" means an
individual who is licensed by a state licensing authority to practice
dentistry.

13. "Dentist and dental
hygienist compact commission" or "commission" means the joint
government agency established by this compact that is composed of each state
that has enacted this compact and a national administrative body that is
composed of a commissioner from each state that has enacted this compact.

14. "Encumbered license"
means a license that a state licensing authority has limited in any way other
than through an alternative program.

15. "Executive board" means
the chairperson, vice chairperson, secretary and treasurer and any other
commissioners as may be determined by commission rule or bylaw.

16. "Jurisprudence
requirement" means the assessment of an individual's knowledge of the laws
and rules governing that practice of dentistry or dental hygiene, as
applicable, in a state.

17. "License" means current
authorization by a state, other than authorization pursuant to a compact
privilege, or other privilege, for an individual to practice as a dentist or
dental hygienist in that state.

18. "Licensee" means an
individual who holds an unrestricted license from a participating state to
practice as a dentist or dental hygienist in that state.

19. "Model compact" means
the model for the dentist and dental hygienist compact on file with the council
of state governments or other entity as designated by the commission.

20. "Participating state"
means a state that has enacted this compact and that has been admitted to the
commission in accordance with the provisions of this compact and commission
rules.

21. "Qualifying license"
means a license that is not an encumbered license issued by a participating
state to practice dentistry or dental hygiene.

22. "Remote state" means a
participating state where a licensee who is not licensed as a dentist or dental
hygienist is exercising or seeking to exercise the compact privilege.

23. "Rule" means a
regulation adopted by an entity that has the force of law.

24. "Scope of practice":

(
a
) means the
procedures, actions and processes that a dentist or dental hygienist who is
licensed in a state is allowed to undertake in that state and the circumstances
under which the licensee is allowed to undertake those procedures, actions and
processes.

(
b
) Includes procedures, actions and processes and the
circumstances under which they may be undertaken, that are established through
means that include statutes, regulations, case law and other processes
available to the state licensing authority or other government agency.

25. "significant investigative
information" means information, records and documents that are received or
generated by a state licensing AUTHORITY pursuant to an investigation for which
a determination has been made that there is probable cause to believe that the
licensee has violated a statute or rule that is considered more than a minor
infraction for which the state licensing authority could pursue adverse action
against the licensee.

26. "State" means any
state, commonwealth, district or territory of the United States of America that
regulates the practices of dentistry and dental hygiene.

27. "State licensing
authority" means an agency or other entity of a state that is responsible
for the licensing and regulation of dentists or dental hygienists, or both.

SECTION 3. STATE PARTICIPATION IN THE COMPACT

A. In order to join this compact and
thereafter continue as a participating state, a state must do all of the
following:

1. Enact a compact that is not
materially different from the model compact as determined in accordance with
commission rules.

2. Participate fully in the
commission's data system.

3. Have a mechanism in place for
receiving and investigating complaints about its licensees and license
applicants.

4. Notify the commission, in
compliance with the terms of the compact and commission rules, of any adverse
action or the availability of significant investigative information regarding a
licensee or license applicant.

5. Fully implement a criminal
background check requirement, within a time frame established by commission
rule, by receiving the results of a qualifying criminal background check.

6. Comply with the commission rules
applicable to a participating state.

7. Accept the national board
examinations of the joint commission on national dental examinations or another
examination accepted by commission rule as a licensure examination.

8. Accept for licensure that
applicants for a dentist license graduate from a predoctoral dental education
program accredited by the commission on dental accreditation, or another
accrediting agency recognized by the United States department of education for
the accreditation of dentistry and dental hygiene education programs, leading
to a doctor of dental surgery or doctor of dental medicine degree.

9. Accept for licensure that
applicants for a dental hygienist license graduate from a dental hygiene
education program accredited by the commission on dental accreditation or
another accrediting agency recognized by the United States department of
education for the accreditation of dentistry and dental hygiene education
programs.

10. Require for licensure that
applicants successfully complete a clinical assessment.

11. Have continuing professional
development requirements as a condition for license renewal.

12. Pay a participation fee to the
commission as established by commission rule.

B. Providing alternative pathways for
an individual to obtain an unrestricted license does not disqualify a state
from participating in this compact.

C. When conducting a criminal
background check, the state licensing authority shall do all of the following:

1. Consider that information in
making a licensure decision.

2. Maintain documentation of
completion of the criminal background check and background check information to
the extent allowed by state and federal law.

3. Report to the commission whether
the state licensing authority has completed the criminal background check and
whether the individual was granted or denied a license.

D. A licensee of a participating
state who has a qualifying license in that state and who does not hold an
encumbered license in any other participating state shall be issued a compact
privilege in a remote state in accordance with the terms of this compact and
commission rules.� If a remote state has a jurisprudence requirement, a compact
privilege will not be issued to the licensee unless the licensee has satisfied
the jurisprudence requirement.

SECTION
4. COMPACT PRIVILEGE

A. To obtain and exercise the compact
privilege under the terms and provisions of this compact, a licensee shall meet
all of the following:

1. Have a qualifying license as a
dentist or dental hygienist in a participating state.

2. Be eligible for a compact
privilege in any remote state in accordance with subsections D, G and H of this
section.

3. Submit to an application process
whenever the licensee is seeking a compact privilege.

4. Pay any applicable commission and
remote state fees for a compact privilege in the remote state.

5. Meet any jurisprudence requirement
established by a remote state in which the licensee is seeking a compact
privilege.

6. Have passed a national board
examination of the joint commission on national dental examinations or another
examination accepted by commission rule.

7. For a dentist, have graduated from
a predoctoral dental education program accredited by the commission on dental
accreditation, or another accrediting agency recognized by the United States
department of education for the accreditation of dentistry and dental hygiene
education programs, leading to a doctor of dental surgery or doctor of dental
medicine degree.

8. For a dental hygienist, have
graduated from a dental hygiene education program accredited by the commission
on dental accreditation or another accrediting agency recognized by the United
States department of education for the accreditation of dentistry and dental
hygiene education programs.

9. Have successfully completed a
clinical assessment for licensure.

10. Report to the commission any
adverse action taken by a nonparticipating state when applying for a compact
privilege and otherwise within thirty days after the date the adverse action is
taken.

11. Report to the commission when
applying for a compact privilege the address of the licensee's primary
residence and thereafter immediately report to the commission any change in the
address of the licensee's primary residence.

12. Consent to accept service of
process by mail at the licensee's primary residence on record with the
commission with respect to any action brought against the licensee by the
COMMISSION or a participating state and consent to accept service of a subpoena
by mail at the licensee's primary residence on record with the commission with
respect to any action brought or investigation conducted by the commission or a
participating state.

B. The licensee must comply with the
requirements of subsection A of this section to maintain the compact privilege
in the remote state.� If those requirements are met, the compact privilege will
continue as long as the licensee maintains a qualifying license in the state
through which the licensee applied for the compact privilege and pays any
applicable compact privilege renewal fees.

C. A licensee who provides dentistry
or dental hygiene services in a remote state under the compact privilege shall
function within the scope of practice authorized by the remote state for a
dentist or dental hygienist licensed in that state.

D. A licensee who provides dentistry
or dental hygiene services pursuant to a compact privilege in a remote state is
subject to the state's regulatory authority.� A remote state may, in accordance
with due process and that state's laws, by adverse action revoke or remove a
licensee's compact privilege in the remote state for a specific period of time
and impose fines or take any other necessary action to protect the health and
safety of its citizens.� If a remote state imposes an adverse action against a
compact privilege that limits the compact privilege, that adverse action
applies to all compact privileges in all remote states.� A licensee whose
compact privilege in a remote state is removed for a specified period of time
is not eligible for a compact privilege in any other remote state until the
specific time for removal of the compact privilege has passed and all
encumbrance requirements are satisfied.

E. If a license in a participating
state is an encumbered license, the licensee shall lose the compact privilege
in a remote state and is not eligible for a compact privilege in any remote
state until the license is no longer encumbered.

F. Once an encumbered license in a
participating state is restored to good standing, the licensee must meet the
requirements of subsection A of this section to obtain a compact privilege in a
remote state.

G. If a licensee's compact privilege
in a remote state is removed by the remote state, the individual shall lose or
be ineligible for the compact privilege in any remote state until both of the
following occur:

1. The specific period of time for
which the compact privilege was removed has ended.

2. All conditions for removal of the
compact privilege have been satisfied.

H. Once the requirements of
subsection G of this section have been met, the licensee must meet the
requirements prescribed in subsection A of this section to obtain a compact
privilege in a remote state.

SECTION
5. ACTIVE MILITARY MEMBERS AND SPOUSES

An active military member and that person's
spouse shall not be required to pay to the commission for a compact privilege
the fee that is otherwise charged by the commission.� If a remote state chooses
to charge a fee for a compact privilege, it may choose to charge a reduced fee
or no fee to an active military member and that person's spouse for a compact
privilege.

SECTION 6. ADVERSE ACTIONS

A. A participating state in which a
licensee is licensed shall have exclusive authority to impose adverse action
against the qualifying license issued by that participating state.

B. A participating state may take
adverse action based on the significant investigative information of a remote
state so long as the participating state follows its own procedures for
imposing adverse action.

C. This compact does not override a
participating state's decision that participation in an alternative program may
be used in lieu of adverse action and that such participation shall remain
nonpublic if required by the participating state's laws.� Participating states
must require licensees who enter any alternative program in lieu of discipline
to agree not to practice pursuant to a compact privilege in any other
participating state during the term of the alternative program without prior authorization
from such other participating state.

D. Any participating state in which a
licensee is applying to practice or is practicing pursuant to a compact
privilege may investigate actual or alleged violations of the statutes and
rules authorizing the practice of dentistry or dental hygiene in any other
participating state in which the dentist or dental hygienist holds a license or
compact privilege.

E. A remote state shall have
authority to do all of the following:

1. Take adverse action as set forth
in section 4, subsection D of THIS compact against a licensee's compact
privilege in the state.

2. In furtherance of the remote
state's rights and responsibilities under this compact and the commission's
rules, issue subpoenas for both hearings and investigations that require the
attendance and testimony of witnesses and the production of evidence.�
Subpoenas issued by a state licensing authority in a participating state for
the attendance and testimony of witnesses or the production of evidence from
another participating state shall 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 pending before it.� The issuing
authority shall pay any witness fees, travel expenses, mileage and other fees
required by the service statutes of the state where the witness or evidence is
located.

3. If otherwise allowed by state law,
recover from the licensee the costs of investigations and disposition of cases
resulting from any adverse action taken against the licensee.

F. Joint investigations are as
follows:

1. In addition to the authority
granted to a participating state by its dentist or dental hygienist licensure
act or other applicable state law, a participating state may jointly
investigate licensees with other participating states.

2. Participating states shall share
any significant investigative information or litigation or compliance materials
in furtherance of any joint or individual investigation initiated under this
compact.

G. The authority to continue an
investigation is as follows:

1. After a licensee's compact
privilege in a remote state is terminated, the remote state may continue an
investigation of the licensee that began when the licensee had a compact
privilege in that remote state.

2. If the investigation yields what
would be significant investigative information had the licensee continued to
have a compact privilege in that remote state, the remote state shall report
the presence of such information to the data system as required by section 8,
subsection B, paragraph 6 of this compact as if it were significant
investigative information.

SECTION 7. ESTABLISHMENT AND OPERATION OF THE COMMISSION

A. The compact participating states hereby create and
establish a joint government agency whose membership consists of all
participating states that have enacted this compact. The commission
is an instrumentality of the participating states acting jointly and not an
instrumentality of any one state. The commission shall come into
existence on or after the effective date of this compact as set forth in
section 11, subsection A of this Compact.

B. Participation, voting and meetings
of the commission are as follows:

1. Each participating state shall
have and be limited to one commissioner who is selected by that participating
state's state licensing authority or, if the state has more than one state
licensing authority, selected collectively by the state licensing authorities.

2. The commissioner shall be a member
or designee of the state licensing authority or authorities.

3. The commission by rule or bylaw
may establish a term of office for commissioners and by rule or bylaw may
establish term limits.

4. The commission may recommend to a
state licensing authority or authorities, as applicable, the removal or
suspension of an individual as the state's commissioner.

5. A participating state's state
licensing authority or authorities, as applicable, shall fill any vacancy of
its commissioner on the commission within sixty days after the vacancy.

6. Each commissioner shall be
entitled to one vote on all matters that are voted on by the commission.

7. The commission shall meet at least
once during each calendar year. Additional meetings may be held as
set forth in the bylaws. The commission may meet by
telecommunication, video conference or other similar electronic means.

C. The commission shall have power to
do all of the following:

1. Establish the fiscal year of the
commission.

2. Establish a code of conduct and
conflict of interest policies.

3. Adopt rules and bylaws.

4. Maintain its financial records in
accordance with the bylaws.

5. Meet and take such actions as are
consistent with this compact, the commission's rules and the bylaws.

6. Initiate and conclude legal
proceedings or actions in the name of the commission provided that the standing
of any state licensing authority to sue or be sued under applicable law shall
not be affected.

7. Maintain and certify records and
information provided to a participating state as the authenticated business
records of the commission and designate a person to do so on the commission's
behalf.

8. Purchase and maintain insurance
and bonds.

9. Borrow, accept or contract for
services of personnel, including employees of a participating state.

10. Conduct an annual financial
review.

11. Hire employees, elect or appoint
officers, fix compensation, define duties, grant such individuals appropriate
authority to carry out the purposes of this compact and establish the
commission's personnel policies and programs relating to conflicts of interest,
qualifications of personnel and other related personnel matters.

12. As set forth in commission rules,
charge a fee to a licensee for granting a compact privilege in a remote state
and thereafter, as may be established by commission rule, and charge the
licensee a compact privilege renewal fee for each renewal period in which that
licensee exercises or intends to exercise the compact privilege in that remote
state.� This paragraph does not prevent a remote state from charging a licensee
a fee for a compact privilege or renewal of a compact privilege or a fee for
the jurisprudence requirement if the remote state imposes such a requirement
for granting a compact privilege.

13. Accept any appropriate gift,
donation, grant of monies, other source of revenue, equipment, supplies,
materials and services and receive, use and dispose of the same if the
commission at all times avoids any appearance of impropriety or conflict of
interest.

14. Lease, purchase, retain, own,
hold, improve or use any property, real, personal or mixed, or any undivided
interest therein.

15. SEll, convey, mortgage, pledge,
lease, exchange, abandon or otherwise dispose of any property, real, personal
or mixed.

16. Establish a budget and make
expenditures.

17. Borrow monies.

18. Appoint committees, including
standing committees, which may be composed of members, state regulators, state
legislators or their representatives, and consumer representatives, and such
other interested persons as may be designated in this compact and the bylaws.

19. Provide and receive information
from and cooperate with law enforcement agencies.

20. Elect a chairperson, vice
chairperson, secretary and treasurer and such other officers of the commission
as provided in the commission's bylaws.

21. Establish and elect an executive
board.

22. Adopt and provide an annual
report to the participating states.

23. Determine whether a state's
enacted compact is materially different from the model compact language such
that the state would not qualify for participation in this compact.

24. Perform such other functions as
may be necessary or appropriate to achieve the purposes of this compact.

D. Meetings
of the commission are as follows:

1. All
meetings of the commission that are not closed pursuant to this subsection are
open to the public. Notice of public meetings shall be posted on the
commission's website at least thirty days before the public meeting.

2. Notwithstanding paragraph 1 of
this subsection, the commission may convene an emergency public meeting by
providing at least twenty-four hours' prior notice on the commission's website
and by any other means provided in commission rules, and for any of the reasons
it may dispense with notice of proposed rulemaking under section 9, subsection
L of this compact.� The commission's legal counsel shall certify that one of
the reasons justifying an emergency public meeting has been met.

3. Notice of each commission meeting
shall provide the time, date and location of the meeting, and if the meeting is
to be held or accessible via telecommunication, video conference or other
electronic means, the notice shall include the mechanism for accessing the
meeting through such means.

4. The commission may convene in a
closed, nonpublic meeting for the commission to receive legal advice or to
discuss any of the following:

(
a
) Noncompliance
of a participating state with its obligations under this compact.

(
b
) The
employment, compensation or discipline or any other matter, practice or
procedure related to a specific employee or any other matter related to the
commission's internal personnel practices and procedures.

(
c
) Current or
threatened discipline of a licensee or compact privilege holder by the
commission or by a participating state's licensing authority.

(
d
) Current,
threatened or reasonably anticipated litigation.

(
e
) Negotiation
of contracts for the purchase, lease or sale of goods, services or real estate.

(
f
) An
accusation of any person of a crime or the formal censure of any person.

(
g
) Trade
secrets or commercial or financial information that is privileged or
confidential.

(
h
) Information
of a personal nature if disclosure would constitute a clearly unwarranted
invasion of personal privacy.

(
i
) Investigative
records compiled for law enforcement purposes.

(
j
) Information
related to any investigative report prepared by or on behalf of or for use of
the commission or another committee charged with responsibility of an
investigation or determination of compliance issued pursuant to this compact.

(
k
) Legal
advice.

(
l
) Any matter
specifically exempted from disclosure to the public by federal or participating
state law.

(
m
) Any other
matter adopted by the commission by rule.

5. If a meeting or portion of a
meeting is closed, the presiding officer shall state that the meeting will be
closed and reference each relevant exempting provision, and the reference shall
be recorded in the minutes.

6. The commission shall keep minutes
that fully and clearly describe all matters discussed in a meeting and shall
provide a full and accurate summary of actions taken and the reasons therefore,
including a description of the views expressed. All documents
considered in connection with an action shall be identified in such
minutes. All minutes and documents of a closed meeting shall remain
under seal, subject to release only by a majority vote of the commission or
order of a court of competent jurisdiction.

E. Financing of the commission is as
follows:

1. The commission shall pay or
provide for the payment of the reasonable expenses of its establishment,
organization and ongoing activities.

2. The commission may accept any
appropriate source of revenue, donation and grant of monies, equipment,
supplies, materials and services.

3. The commission may levy on and
collect an annual assessment from each participating state and impose fees on
licensees of participating states when a compact privilege is granted to cover
the cost of the operations and activities of the commission and its staff,
which must be in a total amount sufficient to cover its annual budget as
approved each fiscal year for which sufficient revenue is not provided by other
sources. The aggregate annual assessment amount for participating states shall
be allocated based on a formula that the commission adopts by rule.

4. The commission shall not incur
obligations of any kind before securing the monies adequate to meet the
obligations, and the commission shall not pledge the credit of any
participating state except by and with the authority of the participating
state.

5. The commission shall keep accurate
accounts of all of its receipts and disbursements, which are subject to the
financial review and accounting procedures established under the bylaws.� All
receipts and disbursements of monies handled by the commission are subject to
an annual financial review by a certified or licensed public accountant, and
the report of the financial review shall be included in and become part of the
annual report of the commission.

F. The executive board shall be
governed as follows:

1. The executive board shall have the
power to act on behalf of the commission according to the terms of this
compact. The powers, duties and responsibilities of the executive board
include:

(
a
) Overseeing
the day-to-day activities of administering this compact, including compliance
with this compact, commission rules and the bylaws.

(
b
) Recommending
to the commission changes to the rules or bylaws, changes to this compact
legislation, fees charged to participating states, fees charged to licensees
and other fees.

(
c
) Ensuring
that compact administration services are appropriately provided, including by
contract.

(
d
) Preparing
and recommending the budget.

(
e
) Maintaining
financial records on behalf of the commission.

(
f
) Monitoring
compact compliance of participating states and providing compliance reports to
the commission.

(
g
) Establishing
additional committees as necessary.

(
h
) Exercising
the powers and duties of the commission during the interim between commission
meetings, except for adopting or amending rules, adopting or amending bylaws
and exercising any other powers and duties expressly reserved to the commission
by rule or bylaw.

(
i
) Performing
any other duty as provided in the rules or bylaws of the commission.

2. The executive board shall be
composed of up to seven members as follows:

(
a
) The
chairperson, vice chairperson, secretary and treasurer of the commission and
any other members of the commission who serve on the executive board shall be
voting members of the executive board.

(
b
) Other than
the chairperson, vice chairperson, secretary and treasurer, the commission may
elect up to three voting members from the current membership of the commission.

3. The commission may remove any
member of the executive board as provided in the commission's bylaws.

4. The executive board shall meet at
least annually as follows:

(
a
) An
executive board meeting at which it takes or intends to take formal action on a
matter shall be open to the public, except that the executive board may meet in
a closed, nonpublic session of a public meeting when dealing with any of the
matters covered under subsection D, paragraph 4 of this section.

(
b
) The
executive board shall give five business days' notice of its public meetings,
posted on its website and as it may otherwise determine to provide notice to
persons with an interest in the public matters the executive board intends to
address at those meetings.

5. The executive board may hold an
emergency meeting when acting for the commission to do any of the following:

(
a
) Meet an
imminent threat to public health, safety or welfare.

(
b
) Prevent a
loss of commission or participating state monies.

(
c
) Protect
public health and safety.

G. Qualified immunity, defense and
indemnification are as follows:

1. The members, officers, executive
director, employees and representatives of the commission are immune from suit
and liability, both personally and in their official capacity, for any claim
for damage to or loss of property or personal injury or other civil liability
caused by or arising out of any actual or alleged act, error or omission that
occurred, or that the person against whom the claim is made had a reasonable
basis for believing occurred within the scope of commission employment, duties
or responsibilities.� This paragraph does not protect any person from suit or
liability for any damage, loss, injury or liability caused by the intentional
or wilful or wanton misconduct of that person. The procurement of
insurance of any type by the commission shall not in any way compromise or
limit the immunity granted hereunder.

2. The commission shall defend any
member, officer, executive director, employee and representative of the
commission in any civil action seeking to impose liability arising out of any
actual or alleged act, error or omission that occurred within the scope of
commission employment, duties or responsibilities or as determined by the
commission that the person against whom the claim is made had a reasonable
basis for believing occurred within the scope of commission employment, duties
or responsibilities, provided that this paragraph does not prohibit the person
from retaining the person's own counsel at the person's own expense and
provided further that the actual or alleged act, error or omission did not
result from that person's intentional or wilful or wanton misconduct.

3. Notwithstanding paragraph 1 of
this subsection, if any member, officer, executive director, employee or
representative of the commission is held liable for the amount of any
settlement or judgment arising out of any actual or alleged act, error or
omission that occurred within the scope of that individual's employment, duties
or responsibilities for the commission, or that the person to whom that
individual is liable had a reasonable basis for believing occurred within the
scope of the individual's employment, duties or responsibilities for the
commission, the commission shall indemnify and hold harmless that individual if
the actual or alleged act, error or omission did not result from the
intentional or wilful or wanton misconduct of the individual.

4. Nothing herein shall be construed
as a limitation on the liability of any licensee for professional malpractice
or misconduct, which shall be governed solely by any other applicable state
laws.

5. Nothing in this Compact shall be
interpreted to waive or otherwise abrogate a Participating State's state action
immunity or state action affirmative defense with respect to antitrust claims
under the Sherman Act, the Clayton Act or any other State or federal antitrust
or anticompetitive law or regulation.

6. Nothing in this Compact shall be
construed to be a waiver of sovereign immunity by the Participating States or
by the Commission.

SECTION
8. DATA SYSTEM

A. The Commission shall provide for
the development, maintenance, operation and utilization of a coordinated
database and reporting system containing licensure and Adverse Action
information and the presence of significant investigative information on all
licensees and applicants for a license in Participating States.

B. Notwithstanding any other
provision of State law to the contrary, a Participating State shall submit a
uniform data set to the Data System on all individuals to whom this Compact is
applicable as required by the Rules of the Commission, including all of the
following:

1. Identifying information.

2. Licensure data.

3. Adverse Actions against a
Licensee, License applicant or Compact Privilege holder and information related
thereto.

4. Nonconfidential information
related to Alternative Program participation, the beginning and ending dates of
such participation and other information related to such participation.

5. Any denial of an application for
licensure and the reason or reasons for such denial, excluding the reporting of
any criminal history record information where prohibited by law.

6. The presence of Significant
Investigative Information.

7. Other information that may
facilitate the administration of this Compact or the protection of the public,
as determined by the Rules of the Commission.

C. The records and information
provided to a Participating State pursuant to this Compact or through the Data
System, when certified by the Commission or an agent thereof, shall constitute
the authenticated business records of the Commission and shall be entitled to
any associated hearsay exception in any relevant judicial, quasi-judicial or
administrative proceeding in a Participating State.

D. Significant Investigative
Information pertaining to a Licensee in any Participating State will be
available only to other Participating States.

E. It is the responsibility of the
Participating States to monitor the database to determine whether Adverse
Action has been taken against a Licensee or License applicant.� Adverse Action
information pertaining to a Licensee or License applicant in any Participating
State will be available to any other Participating State.

F. Participating States contributing
information to the Data System may designate information that may not be shared
with the public without the express permission of the contributing State.

G. Any information submitted to the
Data System that is subsequently expunged pursuant to federal law or the laws
of the Participating State contributing the information shall be removed from
the Data System.

SECTION 9. RULEMAKING

A. The Commission shall adopt
reasonable Rules in order to effectively and efficiently implement and
administer the purposes and provisions of this Compact.� A Commission Rule
shall be invalid and have no force or effect only if a court of competent
jurisdiction holds that the Rule is invalid because the Commission exercised
its rulemaking authority in a manner that is beyond the scope and purposes of
this Compact, or the powers granted hereunder, or based on another applicable
standard of review.

B. The Rules of the Commission shall
have the force of law in each Participating State, provided however that where
the Rules of the Commission conflict with the laws of the Participating State
that establish the Participating State's Scope of Practice as held by a court
of competent jurisdiction, the Rules of the Commission shall be ineffective in
that State to the extent of the conflict.

C. The Commission shall exercise its
Rulemaking powers pursuant to the criteria set forth in this section and the
Rules adopted thereunder. Rules shall become binding as of the date specified
by the Commission for each Rule.

D. If a majority of the legislatures
of the Participating States reject a Commission Rule or portion of a Commission
Rule by enacting a statute or resolution in the same manner used to adopt this
Compact, within four years after the date of adoption of the Rule such Rule
shall have no further force and effect in any Participating State or to any
State applying to participate in this Compact.

E. Rules shall be adopted at a
regular or special meeting of the Commission.

F. Before adoption of a proposed
Rule, the Commission shall hold a public hearing and allow persons to provide
oral and written comments, data, facts, opinions and arguments.

G. Before adoption of a proposed Rule
by the Commission, and at least thirty days before the meeting at which the
Commission will hold a public hearing on the proposed rule, the Commission
shall provide a Notice of Proposed Rulemaking:

1. On the website of the Commission
or another publicly accessible platform.

2. To persons who have requested
notice of the Commission's notices of proposed rulemaking.

3. In any other way the Commission
may by Rule specify.

H. The Notice of Proposed Rulemaking
shall include all of the following:

1. The time, date and location of the
public hearing at which the Commission will hear public comments on the
proposed Rule and, if different, the time, date and location of the meeting
where the Commission will consider and vote on the proposed Rule.

2. If the hearing is held via
telecommunication, video conference or other electronic means, the mechanism
for access to the hearing in the Notice of Proposed Rulemaking.

3. The text of the proposed Rule and
the reason therefor.

4. A request for comments on the
proposed Rule from any interested person.

5. The manner in which interested
persons may submit written comments.

I. All hearings will be recorded.� A
copy of the recording and all written comments and documents received by the
Commission in response to the proposed Rule shall be available to the public.

J. This section does not require a
separate hearing on each Commission Rule. Rules may be grouped for
the convenience of the Commission at hearings required by this section.

K. The Commission, by majority vote
of all Commissioners, shall take final action on each proposed rule based on
the rulemaking record as follows:

1. The Commission may adopt changes
to the proposed Rule if the changes do not enlarge the original purpose of the
proposed Rule.

2. The Commission shall provide an
explanation of the reasons for substantive changes made to the proposed Rule as
well as reasons for substantive changes not made that were recommended by
commenters.

3. The Commission shall determine a
reasonable effective date for the Rule.� Except for an emergency as provided in
subsection L of this section, the effective date of the Rule shall be not
sooner than thirty days after the Commission issues the notice that it adopted
or amended the Rule.

L. On a determination that an
emergency exists, the Commission may consider and adopt an emergency Rule with
twenty-four hours' notice, with opportunity to comment, provided that the
usual rulemaking procedures provided in the Compact and in this section shall
be retroactively applied to the Rule as soon as reasonably possible, in no
event later than ninety days after the effective date of the Rule.� For the
purposes of this subsection, an emergency Rule is one that must be adopted
immediately in order to do any of the following:

1. Meet an imminent threat to public
health, safety or welfare.

2. Prevent a loss of Commission or
Participating State monies.

3. Meet a deadline for the adoption
of a Rule that is established by federal law or rule.

4. Protect public health and safety.

M. The Commission or an authorized
committee of the Commission may direct revisions to a previously adopted Rule
for purposes of correcting typographical errors, errors in format, errors in
consistency or grammatical errors.� Public notice of any revisions shall be
posted on the website of the Commission.� The revision shall be subject to
challenge by any person for a period of thirty days after posting. The revision
may be challenged only on grounds that the revision results in a material change
to a Rule.� A challenge shall be made in writing and delivered to the
Commission before the end of the notice period.� If no challenge is made, the
revision will take effect without further action. If the revision is
challenged, the revision may not take effect without the approval of the
Commission.

N. A Participating State's rulemaking
requirements do not apply under this Compact.

SECTION
10. OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT

A. Oversight
is as follows:

1. The
executive and judicial branches of State government in each Participating State
shall enforce this Compact and take all actions necessary and appropriate to
implement this Compact.

2. Venue is proper and judicial
proceedings by or against the Commission shall be brought solely and
exclusively in a court of competent jurisdiction where the principal office of
the Commission is located.� The Commission may waive venue and jurisdictional
defenses to the extent it adopts or consents to participate in alternative
dispute resolution proceedings. This paragraph does not affect or
limit the selection or propriety of venue in any action against a Licensee for
professional malpractice, misconduct or any such similar matter.

3. The Commission shall be entitled
to receive service of process in any proceeding regarding the enforcement or
interpretation of this Compact or a Commission Rule and shall have standing to
intervene in such a proceeding for all purposes.� Failure to provide the
Commission service of process shall render a judgment or order void as to the
Commission, this Compact or its adopted Rules.

B. Default, Technical Assistance and
Termination are as follows:

1. If the Commission determines that
a Participating State has defaulted in the performance of its obligations or
responsibilities under this Compact or its adopted Rules, the Commission shall
provide written notice to the defaulting State. The notice of
default shall describe the default, the proposed means of curing the default
and any other action that the Commission may take and shall offer training and
specific technical assistance regarding the default.

2. The Commission shall provide a
copy of the notice of default to the other Participating States.

C. If a State in default fails to
cure the default, the defaulting State may be terminated from the Compact on an
affirmative vote of a majority of the Commissioners, and all rights, privileges
and benefits conferred on that State by this Compact may be terminated on the
effective date of termination.� A cure of the default does not relieve the
offending State of obligations or liabilities incurred during the period of
default.

D. Termination of participation in
this Compact shall be imposed only after all other means of securing compliance
have been exhausted. Notice of intent to suspend or terminate shall be given by
the Commission to the governor of the defaulting state, the majority and
minority leaders of the defaulting State's legislature, the defaulting State's
State Licensing Authority or Authorities, as applicable, and each of the
Participating States' State Licensing Authority or Authorities, as applicable.

E. A State that has been terminated
is responsible for all assessments, obligations and liabilities incurred
through the effective date of termination, including obligations that extend
beyond the effective date of termination.

F. On the termination of a State's
participation in this Compact, that terminated State shall immediately provide
notice to all Licensees of the terminated State, including Licensees of other
Participating States issued a Compact Privilege to practice within that
terminated State, of such termination. The terminated State shall
continue to recognize all Compact Privileges then in effect in that State for a
minimum of one hundred eighty days after the date of the notice of termination.

G. The Commission shall not bear any
costs related to a State that is found to be in default or that has been
terminated from this Compact, unless agreed on in writing between the
Commission and the defaulting or terminated State.

H. The defaulting State may appeal
the action of the Commission by petitioning the United States District Court
for the District of Columbia or the federal district where the Commission has
its principal offices.� The prevailing party shall be awarded all costs of such
litigation, including reasonable attorney fees.

I. Dispute Resolution is as follows:

1. On request by a Participating
State, the Commission shall attempt to resolve disputes related to this Compact
that arise among Participating States and between Participating States and
nonParticipating States.

2. The Commission shall adopt a Rule
providing for both mediation and binding dispute resolution for disputes as
appropriate.

J. Enforcement is as follows:

1. The Commission, in the reasonable
exercise of its discretion, shall enforce the provisions of this Compact and
the Commission's adopted Rules.

2. By majority vote, the Commission
may initiate legal action against a Participating State in default in the
United States District Court for the District of Columbia or the federal
district where the Commission has its principal offices to enforce compliance
with the provisions of this Compact and its adopted Rules.� The relief sought
may include both injunctive relief and damages.� If judicial enforcement is
necessary, the prevailing party shall be awarded all costs of such litigation,
including reasonable attorney fees. The remedies prescribed in this subsection
are not the exclusive remedies of the Commission. The Commission may
pursue any other remedies available under federal or the defaulting
Participating State's law.

3. A Participating State may initiate
legal action against the Commission in the United States District Court for the
District of Columbia or the federal district where the Commission has its
principal offices to enforce compliance with this Compact and its adopted
Rules. The relief sought may include both injunctive relief and
damages.� If judicial enforcement is necessary, the prevailing party shall be
awarded all costs of such litigation, including reasonable attorney fees.

4. No individual or entity other than
a Participating State may enforce this Compact against the Commission.

SECTION 11. EFFECTIVE DATE,
WITHDRAWAL AND AMENDMENT

A. This Compact shall come into
effect on the date on which the Compact statute is enacted into law in the
seventh Participating State as follows:

1. On or after the effective date of
this Compact, the Commission shall convene and review the enactment of each of
the States that enacted this Compact before the Commission convening
("Charter Participating States") to determine whether the statute
enacted by each such Charter Participating State is materially different than
the Model Compact as follows:

(
a
) A Charter
Participating State whose enactment is found to be materially different from
the Model Compact shall be entitled to the default process set forth in Section
10 of this compact.

(
b
) If any
Participating State is later found to be in default or is terminated or
withdraws from this Compact, the Commission shall remain in existence and this
Compact shall remain in effect even if the number of Participating States is
less than seven.

2. Participating States enacting this
Compact after the Charter Participating States shall be subject to the process
set forth in Section 7, subsection C, paragraph 23 of this compact to determine
whether their enactments are materially different from the Model Compact and
whether they qualify for participation in this Compact.

3. All actions taken for the benefit
of the Commission or in furtherance of the purposes of the administration of
this Compact before the effective date of this Compact or the Commission coming
into existence shall be considered to be actions of the Commission unless
specifically repudiated by the Commission.

4. Any State that joins this Compact
after the Commission's initial adoption of the Rules and bylaws shall be
subject to the Commission's Rules and bylaws as they exist on the date on which
this Compact becomes law in that State.� Any Rule that has been previously
adopted by the Commission shall have the full force and effect of law on the
day this Compact becomes law in that State.

B. Any
Participating State may withdraw from this Compact by enacting a statute
repealing that State's enactment of this Compact as follows:

1. A
Participating State's withdrawal shall not take effect until one hundred eighty
days after enactment of the repealing statute.

2. Withdrawal shall not affect the
continuing requirement of the withdrawing State's Licensing Authority or
Authorities to comply with the investigative and Adverse Action reporting
requirements of this Compact before the effective date of withdrawal.

3. On the enactment of a statute
withdrawing from this Compact, the State shall immediately provide notice of
such withdrawal to all Licensees within that State. Notwithstanding
any subsequent statutory enactment to the contrary, such withdrawing State
shall continue to recognize all Compact Privileges to practice within that
State granted pursuant to this Compact for a minimum of one hundred eighty days
after the date of such notice of withdrawal.

C. This Compact does not invalidate
or prevent any licensure agreement or other cooperative arrangement between a
Participating State and a nonParticipating State that does not conflict with
the provisions of this Compact.

D. This Compact may be amended by the
Participating States. An amendment to this Compact does not become
effective and binding on any Participating State until the amendment is enacted
into the laws of all Participating States.

SECTION
12. CONSTRUCTION AND SEVERABILITY

A. This Compact and the Commission's
rulemaking authority shall be liberally construed so as to effectuate the
purposes and the implementation and administration of this
Compact. the Provisions of this Compact expressly authorizing or
requiring the adoption of Rules shall not be construed to limit the
Commission's rulemaking authority solely for those purposes.

B. The provisions of this Compact
shall be severable and if any phrase, clause, sentence or provision of this
Compact is held by a court of competent jurisdiction to be contrary to the
constitution of any Participating State, a State seeking participation in this
Compact or the United States, or the applicability thereof to any government,
agency, person or circumstance is held to be unconstitutional by a court of
competent jurisdiction, the validity of the remainder of this Compact and the applicability
thereof to any other government, agency, person or circumstance shall not be
affected thereby.

C. Notwithstanding subsection B of
this section, the Commission may deny a State's participation in this Compact
or, in accordance with the requirements of Section 10, subsection B of this
compact, terminate a Participating State's participation in this Compact, if it
determines that a constitutional requirement of a Participating State is a
material departure from this Compact.� Otherwise, if this Compact is held to be
contrary to the constitution of any Participating State, this Compact shall
remain in full force and effect as to the remaining Participating States and in
full force and effect as to the Participating State affected as to all
severable matters.

SECTION 13. CONSISTENT EFFECT AND

CONFLICT WITH OTHER STATE LAWS

A. This
compact does not prevent or inhibit the enforcement of any other law of a
Participating State that is not inconsistent with this Compact.

B. Any laws, statutes, regulations or
other legal requirements in a Participating State that are in conflict with
this Compact are superseded to the extent of the conflict.

C. All permissible agreements between
the Commission and the Participating States are binding in accordance with
their terms.
END_STATUTE