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Councilmember Anita Bonds Councilmember Wendell Felder 4
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Councilmember Matthew Frumin Councilmember Brooke Pinto 10
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A BILL 13
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 17
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To authorize the Mayor to enter the District of Columbia into the Interstate Dental and Dental 20
Hygiene Licensure Compact; to allow for expedited licensure and access to dental health 21
care through licensure boards acting in cooperation with the Compact; to adopt the 22
existing licensure, information sharing, and investigatory structures utilized by Dental 23
Boards across the United States; to allow for the sharing among Compact Member States 24
of ongoing investigations, non-public complaints, and disciplinary actions against 25
licensees in the Compact Member States; to clarify that the District retains the right to 26
impose an adverse action on a licensee as a home state or as a practicing state; to clarify 27
that the District has an opportunity to share investigations and information with the home 28
state of licensure; to establish the Interstate Dental and Dental Hygiene Compact 29
Licensure Commission operated by state dental board members, administrators and other 30
staff. 31
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BE IT ENACTED BY THE COUNCIL OF THE DISTICT OF COLUMBIA, That this 33
act may be cited by the “Interstate Dental and Dental Hygiene License Act of 2026.” 34
Sec. 2. Definitions. 35
As used in this Compact: 36
(1) “AADB” means the American Association of Dental Boards (AADB) or its named 37
successor, formerly known as the American Association of Dental Examiners (AADE), 38
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originally chartered on September 10th, 1896 and renewed in 1944, comprised of State Dental 39
Boards in the United States and its territories; 40
(2) “Attorneys’ Committee” means the committee of attorneys who currently represent a 41
Member State Dental Board. The Attorneys’ Committee shall designate one of its members to 42
participate in the Commission as a non-voting member. An attorney that has previously served as 43
an attorney for a Member State Dental Board may be invited on a year-to-year basis to serve on 44
the Attorneys’ Committee if they have not engaged in an official case against a State Dental 45
Board or have any other conflict of interest. The Attorneys’ Committee may assist the 46
investigators in working through joint investigation issues between states; 47
(3) “Active-duty military person or spouse” means a Licensee in full-time active-duty 48
status in the active uniformed services of the United States, including members of the National 49
Guard and Reserves. The legal spouse of the military member must be recognized by the military 50
unit as a dependent while the service member is on active duty. Spouses shall receive the same 51
privileges as military members for the purpose of this Compact; 52
(4) “Active Investigation” means an active investigation potentially resulting in formal 53
allegations or charges precipitating a judicial process by a State Dental Board, oversight agency, 54
or other law enforcement entity; 55
(5) “Adverse Action” means an order issued by a State Dental Board or reported to the 56
clearinghouse pursuant to the Commission’s Bylaws and rules that disciplines a Licensee. 57
Adverse Action includes, and is not limited to, the suspension, limiting, or revocation of a 58
License or Compact License Privilege; the imposition of fees and sanctions; and any temporary 59
emergency order that may be later withdrawn by a Board; 60
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(6) “ADEX examination” means the initial licensure examinations developed by the 61
American Board of Dental Examiners, Inc. or its successor; 62
(7) “Bylaws” means the bylaws passed by the Commission or its named successor 63
commission; 64
(8) “Clearinghouse” means the clearinghouse and databank that houses prior Adverse 65
Action documentations, orders and denials of licensure or permits from State Dental Boards that 66
is administered by the AADB or its successor; 67
(9) “CODA” means the Commission on Dental Accreditation or its successor as approved 68
by the United States Department of Education; 69
(10) “Commission” means the Interstate Dental and Dental Hygiene Compact Licensure 70
Commission created pursuant to Section 3 of this Act. 71
(11) “Commissioners” means the 2 members chosen by each Member State Dental Board 72
to serve as the voting members of the Commission; 73
(12) “Compact” means the Interstate Dental and Dental Hygiene Licensure Compact 74
created pursuant to Section 3 of this Act; 75
(13) “Compact License Privilege” means the expedited dental or dental hygiene license to 76
practice in a Member State that is not the Licensee’s Home State; 77
(14) “Conviction” means an adjudication or formal judgment by a court that an individual 78
is guilty through a plea of guilty or no contest, or a finding of guilt by the court. Evidence of a 79
conviction of a criminal offense by the court shall be considered final for the purposes of 80
considering or imposing disciplinary action by a Member State Dental Board; 81
(15) “Criminal background check” means a criminal background check using the results 82
of fingerprint or other biometric data checks compliant with the requirements of the Federal 83
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Bureau of Investigation, with the exception of federal employees who have suitability 84
determination in accordance with 5 C.F.R. 731.202; 85
(16) “Dental hygienist” means any person who: 86
(A) Has successfully graduated from a CODA-approved dental hygiene school; 87
(B) Has successfully passed the ADEX dental hygiene licensure examination; or 88
has been in practice 5 years or more and has successfully passed a Regional Board Examination 89
or equivalent state- administered psychomotor licensure examination prior to January 1, 2024; 90
(C) Has successfully passed the written national dental hygiene board 91
examination administered by the Joint Commission on National Dental Examinations; 92
(D) Possesses a full and unrestricted dental hygiene license issued by a Member 93
State; 94
(E) Has never been convicted or received adjudication, deferred adjudication, 95
community supervision or deferred disposition for any offense (other than traffic offenses) by a 96
court of appropriate jurisdiction; 97
(F) Has never been a subject of discipline by a Licensing Agency through any 98
Adverse Action, order, or other restriction of the Licensee by a Licensing Agency, with the 99
exception of failure to pay fees or failure to complete continuing education; 100
(G) Is not currently under Active Investigation by a Licensing Agency or law 101
enforcement authority in any state, federal or foreign jurisdiction; and 102
(H) Meets any jurisprudence requirement established by a Member State Dental 103
Board of a Member State in which a Licensee is seeking a Compact License Privilege. 104
(17) “Dental Practice Act” means the laws and regulations governing the practice of 105
dentistry within a Member State; 106
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(18) “Dentist” means any person who: 107
(A) Has successfully graduated from a CODA-approved dental school; 108
(B) Has successfully passed the ADEX dental licensure exam; or has been in 109
practice 5 years or more and has successfully passed a Regional Board Examination or 110
equivalent state-administered psychomotor licensure examination prior to January 1, 2024; 111
(C) Has successfully passed the written National Dental Board Exam 112
administered by the Joint Commission on National Dental Examinations; 113
(D) Possesses a full and unrestricted dental license issued by a Member State 114
Dental Board; 115
(E) Has never been convicted or received adjudication, deferred adjudication, 116
community supervision, or deferred disposition for any offense (other than traffic offenses) by a 117
court of appropriate jurisdiction; 118
(F) Has never been a subject of discipline by a Licensing Agency through any 119
Adverse Action, order, or other restriction of the Licensee by a Licensing Agency, with the 120
exception of failure to pay fees or failure to complete continuing education; 121
(G) Has never had a state or federal drug registration, permit, or license restricted, 122
suspended, or revoked by the United States Drug Enforcement Administration or any Licensing 123
Agency that oversees scheduled drug registrations; 124
(H) Is not currently under Active Investigation by a Licensing Agency or law 125
enforcement authority in any state, federal or foreign jurisdiction; and 126
(I) Meets any jurisprudence requirement established by a Member State Dental 127
Board in which a Licensee is seeking a Compact License Privilege; 128
(19) “Home State” means the state of primary licensure of a Licensee; 129
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(20) “License” means the authorization by a Licensing Authority for a dentist or dental 130
hygienist to engage in the unrestricted practice of dentistry or dental hygiene, which would be 131
unlawful without such license; 132
(21) “Licensee” means a Dentist or Dental Hygienist who holds an unrestricted License 133
to practice as a dentists or dental hygienist; 134
(22) “Licensing Agency” means the agency or other entity of a State that is responsible 135
for the licensing of Dentists and Dental Hygienists. If a Member State Dental Board has such 136
responsibility, it shall be deemed a Licensing Agency. 137
(23) “Member State Dental Board” means a state agency in a Member State that protects 138
the public through licensure, regulation, and the education of dentist and dental hygienists, as 139
directed by the state law. All actions taken by a Member State Dental Board shall be under the 140
authority of the laws its State and any other rights conferred under this Compact; 141
(24) “Member State” means a state, the District of Colombia or any other United States 142
territory that has enacted the Compact; 143
(25) “Regional Board Examination” means initial licensure examinations administered by 144
the Western Regional Examining Board (WREB), the North East Regional Board of Dental 145
Examiners (NERB), the Commission on Dental Competency Assessments (CDCA), Council of 146
Interstate Testing Agencies (CITA), Southern Regional Testing Agency (SRTA), or Central 147
Regional Dental Testing Services (CRDTS) that assess psychomotor skills; 148
(26) “Repository” means the repository of original documents of a Licensee that may 149
include original transcripts, certification documents, test scores, military training records, 150
previous or current licensing documents and other sources of materials needed for applications 151
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and verification administered by the AADB or its successor. The Repository shall receive 152
documents from primary or originating sources and/or verify their authenticity; 153
(27) “Scope of practice” means the dental-related procedures that require a License, 154
permit, or training, undertake the treatment and procedure to be completed on a patient within 155
the Member State’s requirements; 156
(28) “State” means a state within the United States or a United States Territory; and 157
(29) “State jurisprudence” means the knowledge of a Member State’s laws and rules of 158
dentistry and hygiene. 159
Sec. 3. Compact and Commission. 160
(a) The Member States hereby create the Interstate Dental and Dental Hygiene Licensure 161
Compact and the Commission. Each Member State must enact a compact that is not materially 162
different from this Compact, as determined by the Commission. 163
(b) Each Member State Dental Board shall have 2 voting members who shall serve as 164
Commissioners. Each Commissioner shall have one vote. Member States with separate dental 165
and dental hygiene Licensing Agencies shall appoint one Commissioner from each licensing 166
agency. One Commissioner shall be a current member of a Member State Dental Board. 167
Commissioners may not delegate votes or vote by proxy, however, if a Commissioner is unable 168
to attend, the Member State may substitute a Commissioner who meets the same requirements. 169
(c) Upon 5 states joining the Compact, the Compact shall become active. The 170
Commission shall adopt Bylaws upon becoming active. 171
(d) The Commission shall meet at least once per calendar year (the “Annual Meeting”) 172
and at additional times as necessary pursuant to the Bylaws and rules. 173
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(e) At each Annual Meeting, the Commission shall elect a Chair, Vice Chair, Secretary, 174
and Treasurer from the membership of the Commission (the “Officers”). The Officers shall be 175
members of the Commission’s Executive Committee (the “Executive Committee”). The 176
Commission shall also elect representatives from 4 regional districts established by the 177
Commission to serve on the Executive Committee. All Officers and Executive Committee 178
representatives shall serve one year terms. 179
(f) Quorum for purposes of conducting business shall be a majority of Commissioners 180
attending in person or virtually. 181
(g) The Commission shall provide notice of all meetings on its website and in other 182
communications to Member State Dental Boards. 183
(h) A vote of 2/3 of the Commissioners present shall be required for an executive session 184
to discuss: 185
(1) Items specifically related to participation in a lawsuit or in anticipation of a 186
legal proceeding; 187
(2) Matters specifically exempted from disclosures; 188
(3) Information allowing for law enforcement agencies or information that 189
accuses a person of a crime or a public censure; 190
(4) Discussions that would include information of a personal nature that would 191
constitute an unwarranted invasion of personal privacy; 192
(5) Anything considered internal practices and procedures or a trade secret; 193
(6) Other items described in the Commission Bylaws allowing for executive 194
sessions to be called; or 195
(7) Advice of legal counsel. 196
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(i) The Commission shall keep minutes and make them available to all Member States. 197
(j) The Commission may establish other committees as needed 198
(k) The Commission shall prepare an annual report that shall be made available to the 199
legislatures and governors of the Member States. The annual report shall describe the activities 200
of the Commission during the preceding calendar year. Such reports shall also include reports of 201
the annual financial audit and any actions taken by or rules that were adopted by the 202
Commission. 203
Sec. 4. Duties of Compact Member States. 204
(a) Member States shall submit to the Clearinghouse all Member State Dental Board 205
actions and other documents and data as determined by the Commission; 206
(b) Member States shall notify the Commission of any Adverse Action taken by the 207
Member State Dental Board, any Active Investigation by the Member State Dental Board, any 208
Active Investigation involving pending criminal charges, or other circumstance as determined by 209
the Commission; 210
(c) Any Adverse Action, order, restriction or denial of a license or permit on a Licensee 211
or Compact License Privilege holder shall be reported to the Clearinghouse by the Member State 212
Dental Board; 213
(d) Member State Dental Boards may submit to the Clearinghouse nonpublic complaints, 214
or disciplinary or investigatory information not required by Section 4(c). All investigatory 215
material shall be considered confidential and not part of a public record unless otherwise 216
specifically required by state statute; 217
(e) Members States shall except continuing education credits as required or recognized by 218
any other Member State; 219
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(f) Documents in the Repository shall be treated by a Member State as the equivalent of a 220
primary or original source document for licensure; 221
(g) Member States shall accept a standardized application for a Compact License 222
Privilege. The standardized application shall be established by the rules enacted by the 223
Commission; 224
(h) Member States may agree to share information regarding ongoing investigations and 225
actions, including joint investigations between states. All investigatory material shall be 226
considered confidential and not part of a public record unless otherwise specifically required by 227
state statute; and 228
(i) As part of the Compact enforcement, participating Member States may issue 229
subpoenas and seek testimony of witnesses, which subpoenas shall be enforced in other Member 230
States and enforced by a court of competent jurisdiction where the witnesses or evidence is 231
located. 232
Sec. 5. Powers and duties of the commission. 233
(a) The Commission shall have the duty and power to: 234
(1) Oversee and maintain the administration of the Compact, including the 235
organizational needs, the financial activities, the hiring of personnel and ongoing activities or 236
needs of the Commission; 237
(2) Promulgate Bylaws and rules to operate the Compact and the Commission; 238
(3) Establish a budget and make expenditures; 239
(4) Have an annual financial audit performed by an independent certified public 240
accounting firm; 241
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(5) Issue, upon the request of a Member State Dental Board, advisory opinions 242
concerning the meaning or interpretation of the Compact and its Bylaws, rules, and actions; 243
(6) Enforce compliance with Compact provisions, the rules promulgated by the 244
Commission, and the Bylaws, using all necessary and proper means, including but not limited to 245
the use of judicial process; 246
(7) Hold an Annual Meeting for the Commission where the elections of the 247
Executive Committee and other issues may be discussed and voted on; 248
(8) Establish personnel policies and programs relating to conflicts of interest, and 249
the rates of compensation and qualifications of personnel; 250
(9) Accept donations and grants of money, equipment, supplies, materials and 251
services, and to receive, utilize and dispose of them in a manner consistent with the conflict-of-252
interest policies established by the Commission; 253
(10) Report annually to the legislatures and governors of the Member State Dental 254
Boards concerning the activities of the Commission during the preceding calendar year. Such 255
reports shall also include reports of annual financial audits, all actions of the Commission, rules 256
adopted by the Commission, and any recommendations by the Commission; and 257
(11) Coordinate education, training and public awareness regarding the Compact, 258
its implementation, and its operation. 259
(b) The Executive Committee shall have the power to act on behalf of the Commission, 260
with the exception of rulemaking, during periods when the Commission is not in session. When 261
acting on behalf of the Commission, the Executive Committee shall oversee the administration of 262
the Compact, including enforcement of and compliance with the Compact. 263
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(c) The officers and employees of the Commission shall be immune from suit and 264
liability, either personally or in their official capacity, for a claim for damage to or loss of 265
property or personal injury or other civil liability caused or arising out of, or relating to, an actual 266
or alleged act, error or omission that occurred, or that such person had a reasonable basis for 267
believing occurred, within the scope of Commission employment, duties or responsibilities; 268
provided, that such person shall not be protected from suit or liability for damage, loss, injury or 269
liability caused by the intentional or willful and wanton misconduct of such person. 270
(d) The liability of the executive director and employees of the Commission or 271
representatives of the Commission, acting within the scope of such person’s employment or 272
duties for acts, errors or omissions occurring within such person’s state may not exceed the limits 273
of liability set forth under the constitution and laws of that state for state officials, employees and 274
agents. The Commission shall be considered to be an instrumentality of the states for the 275
purposes of any such action. Nothing in this subsection shall be construed to protect such person 276
from suit or liability for damage, loss, injury or liability caused by the intentional or willful and 277
wanton misconduct of such person. 278
(e) The Commission shall defend the Commission’s executive director, its employees, 279
and, subject to the approval of the attorney general or other appropriate legal counsel of the 280
Member State represented by an Commission representative, shall defend such Commission 281
representative in any civil action seeking to impose liability arising out of an actual or alleged 282
act, error or omission that occurred within the scope of Commission employment, duties, or 283
responsibilities, or that the defendant had a reasonable basis for believing occurred within the 284
scope of Commission employment duties, or responsibilities, provided that the actual or alleged 285
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act, error or omission did not result from intentional or willful and wanton misconduct on the 286
part of such person. 287
(f) To the extent not covered by the state involved, Member State, or the Commission, the 288
representatives or employees of the Commission shall be held harmless by the Commission in 289
the amount of a settlement or judgment, including attorney fees and costs, obtained against such 290
persons arising out of an actual or 291
alleged act, error or omission that occurred within the scope of Commission employment, duties, 292
or responsibilities, or that such persons had a reasonable basis for believing occurred within the 293
scope of Commission employment, duties, or responsibilities, provided that the actual or alleged 294
act, error or omission did not result from intentional or willful and wanton misconduct on the 295
part of such persons. 296
Sec. 6. Application, eligibility, and issuance of compact license privilege to a member 297
state. 298
(a) A dentist or dental hygienist applying for Compact License Privileges shall meet the 299
requirements of a Dentist as listed in Section (2)(r) of this Compact or a Dental Hygienist as 300
listed in Section (2)(p) of this Compact and hold a current License in a Member State under this 301
Compact. 302
(b) Each Dentist or Dental Hygienist shall designate a Home State of licensure. The 303
Home State shall be determined by: 304
(1) The State of primary residence for the Dentist or Dental Hygienist, where 25% 305
of their practice within one year occurs. An active-duty military member or their spouse may 306
choose a Home State as designated with the military but are not required to meet the requirement 307
of 25% practice being within their Home State; or 308
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(2) If no State qualifies under Section 6(b)(1), then the State that the Dentist or 309
Dental Hygienist listed as their state of residence on the previous year’s federal tax return. 310
(c) A Dentist or Dental Hygienist may redesignate a Home State no more than one time 311
in a calendar year if the qualifications of a Home State are met. 312
(d) A Dentist or Dental hygienist seeking a Compact License Privilege (the “Applicant”) 313
shall apply to their Home State Dental Board for a letter stating that the Applicant is eligible for 314
Compact License Privileges. 315
(e) The Home State Dental Board shall determine the eligibility of an application for a 316
Compact License Privilege and shall issue a letter of approval or denial of the application for a 317
Compact License Privilege. 318
(f)(1) The letter from the Applicant’s Home State Dental Board approving the application 319
shall be submitted to the Member State Dental Board for the Member State in which the 320
Applicant proposes to practice, and shall include: 321
(A) the Compact application packet; 322
(B) authorization to seek access to the Applicant’s Repository documents; 323
(C) any additional information that may be required by the proposed 324
Compact License Privilege state; and 325
(D) any required fees. 326
(2) The Member State Dental Board shall review the application to confirm 327
compliance with the Member State’s laws and regulations. Following such review, if the 328
Member State Dental Board approves the application, it shall issue a Compact License Privilege 329
from the proposed Member State to the Applicant. 330
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(g) Appeals of a denial of a Compact License Privilege application shall be filed with the 331
Member State Dental Board making such determination, and shall be filed within 30 dates of the 332
date of the denial. 333
(h) A Licensee holding a Compact License Privilege shall notify the Commission within 334
10 business days of any Adverse Action taken against a License held in a state that is not a 335
Member State. 336
(i) A Compact License Privilege may be revoked, suspended or limited by the issuing 337
Member State Dental Board if at any time the Licensee’s Home State license is revoked, 338
suspended or limited. 339
(j) The Commission shall issue rules on the duration of a Compact License Privilege, the 340
application and renewal process for a Compact License Privilege, and any application fees. 341
(k) Eligibility or ineligibility to receive a Compact License Privilege shall not limit the 342
ability of a Licensee to seek a state license through the regular process outside of the Compact. 343
Sec. 7. Jurisdiction over compact license privilege holders. 344
(a) Each Licensee holding a Compact License Privilege shall be subject to and comply 345
with the laws and regulations of the Member State in which such Licensee practices under a 346
Compact License Privilege. 347
(b) Each Licensee holding a Compact License Privilege shall be subject to the 348
jurisdiction and authority of the Member State Dental Board of the state in which such Licensee 349
practices, as if they held a license issued from such Member State Dental Board. Such Compact 350
License Privilege holder shall be deemed a “Licensee” of the Member State Dental Board for 351
purposes of such board taking an Adverse Action. 352
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(c) Each Licensee holding a Compact License Privilege shall list a current address with 353
the Commission that shall serve as their official address of service. 354
(d) A Licensee holding a Compact License Privilege may have an Adverse Action taken 355
against them by: 356
(1) The Member State Dental Board of the Member State in which they are 357
practicing with a Compact License Privilege; 358
(2) The Licensee’s Home State; or 359
(3) The State Licensing Authority of a State that is not a Member State from 360
which the Licensee holds a License. 361
(e) A Home State may take an Adverse Action against the holder of a Compact License 362
Privilege, regardless of where the actions giving rise to the Adverse Action occurred. 363
(f) Any Member State in which the Compact Licensee holds a Compact License Privilege 364
may investigate an allegation of a violation of the laws and rules of the practice of dentistry or 365
dental hygiene in any other State where the Compact Licensee holds a Compact License 366
Privilege. 367
Sec. 8. Fees and military waiver. 368
(a) The Commission shall issue rules regarding the use of the Repository by each holder 369
of a Compact License Privilege. 370
(b) A Member State Dental Board issuing a Compact License Privilege authorizing 371
practice in its State may impose a fee for a Compact License Privilege, for either initial issuance 372
or any renewal. 373
(c) No Compact fee shall be required of any active-duty military member and/or their 374
spouse up to one year after separation from the service. Each Member State issuing a Compact 375
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License Privilege may waive fees for active-duty military and/or their spouse as required by each 376
individual state statute. 377
(d) Active-duty military may transfer military training records to the Repository without a 378
fee 379
Sec. 9. Joint investigations and disciplinary actions. 380
(a) Each Member State shall name a point of contact for joint investigations between 381
Member State Dental Boards. 382
(b) Member State Dental Boards may participate with other Member State Dental Boards 383
in joint investigations of Licensees that are subject to this Compact. 384
(c) Member State Dental Boards may share investigative, litigation or other materials in 385
furtherance any joint or individual investigation of a Compact License Privilege holder. 386
(d) A subpoena issued by a Member State or Member State Dental Board shall be 387
enforceable in other Member States as allowed by law. 388
(e) If a Compact License Privilege holder has an Adverse Action taken against them by 389
any Member Dental Board, the Compact License Privilege holder, Licensee shall automatically 390
be subject to similar discipline by other Member State Dental Boards. 391
(f) If a Compact License Privilege holder has an Adverse Action taken against their 392
Home State license, including being revoked, surrendered, or relinquished in lieu of discipline or 393
suspended, then automatically all other Compact License Privileges shall be placed in the same 394
status. The Home State Dental Board shall notify the Commission and the Commission shall 395
issue a notice to all Member State Dental Boards of such Adverse Action. 396
(g) If discipline or an Adverse Action is taken against a Compact License Privilege 397
holder in a Member State, the Member State Board shall notify the Commission and the Home 398
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State of the Compact License Privilege holder. The Home State may deem the action conclusive 399
as a matter of law and fact and may: 400
(1) Impose the same or lesser sanction consistent with the Home State’s laws; or 401
(2) Pursue separate actions against the Compact License Privilege holder under its 402
laws, regardless of the sanctions pursued by the Member State Dental Board. 403
Sec. 10. Other requests for information from the repository and the clearinghouse. 404
(a) Insurance companies and entities verifying documents for the purpose of licenses 405
extended to a Dentist or Dental Hygienist may seek information from the Clearinghouse for 406
public record documents; 407
(b) A Dentist or Dental Hygienist may submit a request to the Commission to allow any 408
hiring employer, entity, or insurance company to access documents from the Repository for the 409
purposes of credentialing, licensing or other privileges; 410
(c) The Commission shall set a fee schedule for these services. 411
Sec. 11. Rulemaking functions of the commission. 412
(a) The Commission shall promulgate reasonable rules to effectively and efficiently 413
implement and achieve the purposes and administration of the Compact. Notwithstanding the 414
foregoing, in the event Commission exercises its rulemaking authority in a manner that is beyond 415
the scope of the purposes of the Compact or the powers granted hereunder, then such an action 416
by the Commission may be determined to be invalid and have no force or effect. 417
(b) Rules validly issued by the Commission shall have the force of law in each Member 418
State. 419
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(c) Rules deemed appropriate for the operations of the Commission shall be made 420
pursuant to a rulemaking process that substantially conforms to the Model State Administrative 421
Procedure Act of 2010, and subsequent amendments thereto. 422
Sec. 12. Oversight of the compact. 423
(a) The executive, legislative, and judicial branches of state government in each Member 424
State shall enforce the Compact and shall take all actions necessary and appropriate to effectuate 425
the Compact’s purposes and intent to allow for expedited licensure for the purpose of mobility. 426
The provisions of the Compact and the rules promulgated hereunder shall have standing as 427
statutory law but shall not override existing state authority to regulate the practice of dentistry 428
and dental hygiene. 429
(b) All courts may take judicial notice of the Compact and the rules in any judicial or 430
administrative proceeding in a Member State pertaining to the subject matter of the Compact 431
which may affect the powers, responsibilities or actions of the Commission. 432
(c) The Commission shall be entitled to receive all service of process in any such 433
proceeding and shall have standing to intervene in the proceeding for all purposes. Except where 434
the Commission has intervened, failure to provide service of process to the Commission shall 435
render a judgment or order void as to the Commission, the Compact or promulgated rules. 436
Sec. 13. Enforcement and default procedures. 437
(a) The Commission, in the reasonable exercise of its discretion, shall enforce the 438
provisions and rules of the Compact. 439
(b) The grounds for default under this Compact by a Member State include, but are not 440
limited to, failure of a Member State to perform such obligations or responsibilities imposed 441
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upon it by the Compact or by the rules and Bylaws of the Commission promulgated under the 442
Compact. 443
(c) If the Commission determines that a Member State has defaulted in the performance 444
of its obligations or responsibilities under the Compact, or the Bylaws or promulgated rules, the 445
Commission shall: 446
(1) provide written notice to the defaulting state and other Member States of the 447
nature of the default, the means of curing the default and any action taken by the Commission. 448
The Commission shall specify the conditions by which the defaulting state must cure its default; 449
and 450
(2) provide remedial training and specific technical assistance regarding the 451
default. 452
(d) If the defaulting state fails to cure the default, the defaulting state shall be terminated 453
from the Compact upon an affirmative vote of a majority of the Commissioners and all rights, 454
privileges and benefits conferred by the Compact shall terminate on the effective date of 455
termination. A cure of the default does not relieve the offending state of obligations or liabilities 456
incurred during the period of the default. 457
(e) Termination of membership in the Compact shall be imposed only after all other 458
means of securing compliance have been exhausted. Notice of intent to terminate shall be given 459
by the Commission to the Governor, the majority and minority leaders of the defaulting state’s 460
legislature and each of the Member States. 461
(f) The Commission shall establish rules and procedures to address licenses and Compact 462
License Privilege holders that are materially impacted by the termination of a Member State or 463
the withdrawal of a Member State. 464
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(g) The Commission shall not bear any costs relating to any state that has been found to 465
be in default or which has been terminated from the Compact, unless otherwise mutually agreed 466
upon in writing between the Commission and the defaulting state. 467
(h) The defaulting state may appeal the action of the Commission by petitioning the state 468
court where the Commission has its principal offices. The prevailing party shall be awarded all 469
costs of such litigation, including reasonable attorneys’ fees. 470
(i) The Commission shall not bear any costs relating to any state that has been found to 471
be in default or which has been terminated from the Compact, unless otherwise mutually agreed 472
upon in writing between the Commission and the defaulting state. 473
(j) The remedies herein shall not be the exclusive remedies of the Commission. The 474
Commission may avail itself of any other remedies available under state law or the regulation of 475
a profession. 476
Sec. 14. Dispute resolution. 477
(a) The Commission shall attempt, upon the request of a Member State Dental Board, to 478
resolve disputes which are subject to the Compact and which may arise among Member State 479
Dental Boards. 480
(b) The Commission shall promulgate rules providing for both mediation and voluntary 481
binding dispute resolution, as appropriate. 482
Sec. 15. Member states, effective date and amendment. 483
(a) Any state is eligible to become a Member State of the Compact. 484
(b) The Compact shall become effective and binding upon legislative enactment of the 485
Compact into law by no less than 5 states. Thereafter, it shall become effective and binding on a 486
state upon enactment of the Compact into law by that State. 487
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(c) The governors of non-member states, or their designees, shall be invited to participate 488
in the activities the Commission on a non-voting basis prior to adoption of the Compact by all 489
States. 490
(d) The Commission may propose amendments to the Compact for enactment by the 491
Member States. No amendment shall become effective and binding upon the Commission and 492
the Member States unless and until it is enacted into law by unanimous consent of the Member 493
States. 494
Sec. 16. Withdrawal. 495
(a) Once effective, the Compact shall continue in force and remain binding upon each 496
and every Member State; provided, however, that a Member State may withdraw from the 497
Compact after giving appropriate notice by specifically repealing the statute which enacted the 498
Compact into law. 499
(b) The Licensee’s Compact License Privilege shall remain in effect for 6 months from 500
the date of the Member State Dental Board withdrawal. 501
(c) The withdrawing State shall immediately notify the chairperson of the Commission in 502
writing upon the introduction of legislation repealing the Compact by the withdrawing State, and 503
upon the enactment of such legislation. 504
(d) The Commission shall notify the other Member States within 60 days of its receipt of 505
notice provided under Section 16(c) of this section. 506
(e) Reinstatement following withdrawal of a Member State shall occur upon the 507
withdrawing state reenacting the Compact or upon such later date as determined by the 508
Commission. 509
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(f) The Commission shall issue rules to address the impact of the withdrawal of a 510
Member State on Licenses granted by other Member States to dentists and dental hygienists who 511
designated the withdrawing Member State as their Home State. 512
Sec. 17. Dissolution. 513
(a) The dissolution of the Compact shall be effective upon the date of the withdrawal or 514
default of the Member State which reduces the membership in the Compact to one Member 515
State. 516
(b) Upon the dissolution of the Compact, the Compact shall become null and void and 517
shall be of no further force or effect, and the business and affairs of the Commission shall be 518
concluded and surplus funds shall be distributed in accordance with the Bylaws. 519
Sec. 18. Severability and construction. 520
(a) The provisions of the Compact shall be severable, and if any phrase, clause, sentence 521
or provision is deemed unenforceable, the remaining provisions of the Compact shall be 522
enforceable. 523
(b) The provisions of the Compact shall be liberally construed to effectuate its purposes. 524
Sec. 19. Binding effect of compact and other laws. 525
(a) Nothing herein prevents the enforcement of any other law of a Member State that is 526
not inconsistent with the Compact. 527
(b) All lawful actions of the Commission, including all rules and Bylaws promulgated by 528
the Commission, shall be binding upon the Member States. 529
(c) All agreements between the Commission and the Member States shall be binding in 530
accordance with their terms. 531
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(d) In the event that any provision of the Compact exceeds the constitutional limits 532
imposed on the legislature of any Member State, such provision shall be ineffective to the extent 533
of the conflict with the constitutional provision in question in that Member State. 534
Sec. 20. Rules of order. 535
The most current edition of the American Institute of Parliamentarians Standard Code of 536
Parliamentary Procedure shall govern all meetings of the Commission, including its 537
committees, in those situations not otherwise covered in the Bylaws. 538
Sec. 21. Fiscal impact statement. 539
The Council adopts the fiscal impact statement in the committee report as the fiscal impact 540
statement required by section 4a of the General Legislative Procedures Act of 1975, approved 541
October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 542
Sec. 22. Effective date. 543
This act shall take effect following approval by the Mayor (or in the event of veto by the 544
Mayor, action by the Council to override the veto), and a 30-day period of congressional review 545
as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved 546
December 24, 1973 (87 Stat. 813; D.C. Official Code §1 -206.02(c)(1)). 547