AN ACT relating to the Interstate Dental and Dental Hygiene Licensure Compact.

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AN ACT relating to the Interstate Dental and Dental Hygiene Licensure Compact. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 313 IS CREATED TO 3
READ AS FOLLOWS: 4
Section 1. PURPOSE. 5
This Compact shall be known as the Interstate Dental and Dental Hygiene Licensure 6
Compact and the purpose of the Compact is to expedit e licensure and increase access 7
to dental health care through licensure boards acting in cooperation. The Compact 8
adopts the existing structures most utilized by dental boards across the United States, 9
while ensuring the safety of the public through the sh aring of documents and 10
information. This Compact ensures that each state retains the right to impose an 11
adverse action on a licensee as a home state or as a practicing state. Each state has an 12
opportunity to share investigations and information with the ho me state of licensure. 13
The Compact is operated by state dental board members, administrators, and other 14
staff, thus allowing for each state to maintain its sovereignty. The Compact: 15
(a) Allows for expedited licensure portability and ease of movement of li censees 16
between states; 17
(b) Allows each state to continue to regulate the practice of dentistry and dental 18
hygiene within its borders; 19
(c) Creates a common goal of protecting the publi c by ensuring a uniform licensure 20
standard and sharing of information in the Compact; 21
(d) Allows for licensure in every participating state by requiring passage of the 22
uniform licensure examination that assesses psychomotor and cognitive dental 23
skills and is currently accepted in fifty (50) state licensing jurisdictions and 24
United States territories; 25
(e) Gives licensees one (1) location to maintain professional documentation to 26
expedite license transfers in states, hospitals, or institutional credentialing; 27
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(f) Facilitates a faster licensure process for relocation or separation of military 1
members and their dependent spouses; there are no compact fees for military 2
members or their spouses; 3
(g) Alleviates a duplicative process for licensure among multiple states; and 4
(h) Saves applicants money by not having to obtain duplicate documents from a 5
source that charges for the documents. 6
Section 2. DEFINITIONS 7
As used in this compact, and except as otherwise provided, the following definitions 8
shall apply: 9
(a) "AADB" means the American Association of Dental Boards (AADB) or its 10
named successor, formerly known as the American Association of Dental 11
Examiners (AADE), originally chartered on September 10, 1896, and renewed in 12
1944, comprised of state dental boards in the United States and its territories; 13
(b) "Attorneys’ Committee" means the committee of attorneys who currently 14
represent a member state dental board. The Attorneys’ Committee shall designate 15
one (1) of its members to participate in the commission as a nonvo ting member. 16
An attorney that has previously served as an attorney for a member state dental 17
board may be invited on a year-to-year basis to serve on the Attorneys’ Committee 18
if they have not engaged in an official case against a state dental board or have 19
any other conflict of interest. The Attorneys’ Committee may assist the 20
investigators in working through joint investigation issues between states; 21
(c) "Active duty military person or spouse" means a licensee in full -time active-duty 22
status in the active uniformed services of the United States, including members of 23
the National Guard and Reserves. The legal spouse of the military member must 24
be recognized by the military unit as a dependent while the service member is on 25
active duty. Spouses shall receive the same privileges as military members for the 26
purpose of this Compact; 27
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(d) "Active investigation" means an active investigation potentially resulting in 1
formal allegations or charges precipitating a judicial process by a state dental 2
board, oversight agency, or other law enforcement entity; 3
(e) "Adverse action" means an order issued by a state dental board or reported to the 4
clearinghouse pursuant to the commission’s bylaws and rules that disciplines a 5
licensee. Adverse action includes, and is not limited to, the suspension, limiting, 6
or revocation of a license or compact license privilege; the imposition of fees and 7
sanctions; and any temporary emergency order that may be later withdrawn by a 8
board; 9
(f) "ADEX examination" means the initial licensure exam inations developed by the 10
American Board of Dental Examiners, Inc. or its successor; 11
(g) "Bylaws" means the bylaws passed by the commission or its named successor 12
commission; 13
(h) "Clearinghouse" means the clearinghouse and databank that houses prior 14
adverse action documentations, orders and denials of licensure or permits from 15
state dental boards that is administered by the AADB or its successor; 16
(i) "CODA" means the Commission on Dental Accreditation or its successor as 17
approved by the United States Department of Education; 18
(j) "Commission" means the Interstate Dental and Dental Hygiene Compact 19
Licensure Commission created pursuant to Section 3 of this Compact. 20
(k) "Commissioners" means the two (2) members chosen by each member state 21
dental board to serve as the voting members of the commission; 22
(l) "Compact" means the Interstate Dental and Dental Hygiene Licensure Compact 23
created pursuant to Section 3 of this Compact; 24
(m) "Compact license privilege" means the expedited dental or dental hygiene license 25
to practice in a member state that is not the licensee’s home state; 26
(n) "Conviction" means an adjudication or formal judgment by a court that an 27
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individual is guilty through a plea of guilty or no contest, or a finding of guilt by 1
the court. Evidence of a conviction of a criminal offense by the court shall be 2
considered final for the purposes of considering or imposing disciplinary action 3
by a member state dental board; 4
(o) "Criminal background check" means a criminal background check using the 5
results of fingerprint or other biometric data checks compliant with the 6
requirements of the Federal Bureau of Investigation, with the exception of 7
federal employees who have suitability determination in accordance with 5 C.F.R. 8
sec. 731.202; 9
(p) "Dental hygienist" means any person who: 10
1. Has successfully graduated from a CODA-approved dental hygiene school; 11
2. Has successfully passed the ADEX dental hygiene licensure examination; 12
or has been in practice five (5) years or more and has successfully passed a 13
regional board examination or equivalent state -administered psychomotor 14
licensure examination prior to January 1, 2024; 15
3. Has successfully passed the written national dental hygiene board 16
examination administered by the Joint Commission on National Dental 17
Examinations; 18
4. Possesses a full and unrestricted dental hygiene license issued by a member 19
state; 20
5. Has never been convicted or received adjudication, deferred adjudication, 21
community supervision, or deferred disposition for any offense other than 22
traffic offenses by a court of appropriate jurisdiction; 23
6. Has never been a subject of discipline by a lic ensing agency through any 24
adverse action, order, or other restriction of the licensee by a licensing 25
agency, with the exception of failure to pay fees or failure to complete 26
continuing education; 27
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7. Is not currently under active investigation by a licensi ng agency or law 1
enforcement authority in any state, federal or foreign jurisdiction; and 2
8. Meets any jurisprudence requirement established by a member state dental 3
board of a member state in which a licensee is seeking a compact license 4
privilege; 5
(q) "Dental practice act" means the laws and regulations governing the practice of 6
dentistry within a member state; 7
(r) "Dentist" means any person who: 8
1. Has successfully graduated from a CODA-approved dental school; 9
2. Has successfully passed the ADEX dental l icensure exam; or has been in 10
practice five (5) years or more and has successfully passed a regional board 11
examination or equivalent state -administered psychomotor licensure 12
examination prior to January 1, 2024; 13
3. Has successfully passed the written natio nal dental board exam 14
administered by the Joint Commission on National Dental Examinations; 15
4. Possesses a full and unrestricted dental license issued by a member state 16
dental board; 17
5. Has never been convicted or received adjudication, deferred adjudica tion, 18
community supervision, or deferred disposition for any offense other than 19
traffic offenses by a court of appropriate jurisdiction; 20
6. Has never been a subject of discipline by a licensing agency through any 21
adverse action, order, or other restrictio n of the licensee by a licensing 22
agency, with the exception of failure to pay fees or failure to complete 23
continuing education; 24
7. Has never had a state or federal drug registration, permit, or license 25
restricted, suspended, or revoked by the United State s Drug Enforcement 26
Administration or any licensing agency that oversees scheduled drug 27
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registrations; 1
8. Is not currently under active investigation by a licensing agency or law 2
enforcement authority in any state, federal or foreign jurisdiction; and 3
9. Meets any jurisprudence requirement established by a member state dental 4
board in which a licensee is seeking a compact license privilege; 5
(s) "Home state" means the state of primary licensure of a licensee; 6
(t) "License" means the authorization by a licensing authority for a dentist or dental 7
hygienist to engage in the unrestricted practice of dentistry or dental hygiene, 8
which would be unlawful without such license; 9
(u) "Licensee" means a dentist or dental hygienist who holds an unrestricted license 10
to practice as a dentists or dental hygienist; 11
(v) "Licensing agency" means the agency or other entity of a state that is responsible 12
for the licensing of dentists and dental hygienists. If a member state dental board 13
has such responsibility, it shall be deemed a licensing agency; 14
(w) "Member state dental board" means a state agency in a member state that 15
protects the public through licensure, regulation, and the education of dentists 16
and dental hygienists, as directed by the state law. All actions taken by a me mber 17
state dental board shall be under the authority of the laws of its state and any 18
other rights conferred under this Compact; 19
(x) "Member state" means a state, the District of Colombia or any other United 20
States territory that has enacted this Compact; 21
(y) "Regional board examination" means initial licensure examinations 22
administered by the Western Regional Examining Board (WREB), the North East 23
Regional Board of Dental Examiners (NERB), the Commission on Dental 24
Competency Assessments (CDCA), Council of Interstate Testing Agencies 25
(CITA), Southern Regional Testing Agency (SRTA), or Central Regional Dental 26
Testing Services (CRDTS) that assess psychomotor skills; 27
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(z) "Repository" means the repository of original documents of a licensee that may 1
include original transcripts, certification documents, test scores, military training 2
records, previous or current licensing documents and other sources of materials 3
needed for applications and verification administered by the AADB or its 4
successor. The repository sha ll receive documents from primary or originating 5
sources and/or verify their authenticity; 6
(aa) "Scope of practice" means the dental -related procedures that require a license, 7
permit, or training, to undertake the treatment and procedure to be completed o n 8
a patient within the member state’s requirements; 9
(bb) "State" means a state within the United States or a United States territory; and 10
(cc) "State jurisprudence" means the knowledge of a member state’s laws and rules 11
of dentistry and dental hygiene. 12
Section 3. COMPACT AND COMMISSION 13
(a) The member s tates hereby create the Interstate Dental and Dental Hygiene 14
Licensure Compact and the commission. Each member state must enact a 15
compact that is not materially different from this Compact, as determined by the 16
commission. 17
(b) Each member state dental boar d shall have two (2) voting members who shall 18
serve as commissioners. Each commissioner shall have one (1) vote. Member 19
states with separate dental and dental hygiene licensing agencies shall appoint 20
one (1) commissioner from each licensing agency. One (1) commissioner shall be 21
a current member of a member state dental board. Commissioners may not 22
delegate votes or vote by proxy, however, if a commissioner is unable to attend, 23
the member state may substitute a commissioner who meets the same 24
requirements. 25
(c) Upon five (5) states joining the Compact, the Compact shall become active. The 26
commission shall adopt bylaws upon becoming active. 27
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(d) The commission shall meet at least once per calendar year, the annual meeting 1
and at additional times as necessary pursuant to the bylaws and rules. 2
(e) At each annual meeting, the commission shall elect a chair, vice chair, secretary, 3
and treasurer from the membership of the commission, as the officers. The 4
officers shall be members of the commission’s executive commit tee. The 5
commission shall also elect representatives from four (4) regional districts 6
established by the commission to serve on the executive committee. All officers 7
and executive committee representatives shall serve one (1) year terms. 8
(f) Quorum for pu rposes of conducting business shall be a majority of 9
commissioners attending in person or virtually. 10
(g) The commission shall provide notice of all meetings on its website and in other 11
communications to member state dental boards. 12
(h) A vote of two -thirds (2/3) of the commissioners present shall be required for an 13
executive session to discuss: 14
(1) Items specifically related to participation in a lawsuit or in anticipation of a 15
legal proceeding; 16
(2) Matters specifically exempted from disclosure by federal statute; 17
(3) Information or matters involving law enforcement agencies or information 18
that accuses a person of a crime or a public censure; 19
(4) Discussions that would include information of a personal nature that would 20
constitute an unwarranted invasion of personal privacy; 21
(5) Anything considered internal practices and procedures or a trade secret; 22
(6) Other items described in the commission bylaws allowing for executive 23
sessions to be called; or 24
(7) Advice of legal counsel. 25
(i) The commission shall keep minutes and make them available to all member 26
states. 27
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(j) The commission may establish other committees as needed. 1
(k) The commission shall prepare an annual report that shall be made available to 2
the legislatures and governors of the member states. The annual report shall 3
describe the activities of the commission during the preceding calendar year. 4
Such reports shall also include reports of the annual financial audit and any 5
actions taken by or rules that were adopted by the commission. 6
Section 4. DUTIES OF COMPACT MEMBER STATES 7
(a) Member states shall submit to the clearinghouse all member state dental board 8
actions and other documents and data as determined by the commission. 9
(b) Member states shall notify the commission of any adverse action taken by the 10
member state dental board, any active investigation by the member state dental 11
board, any active investigation involving pending criminal charges, or other 12
circumstance as determined by the commission. 13
(c) Any adverse action, order, restriction or den ial of a license or permit on a 14
licensee or compact license privilege holder shall be reported to the clearinghouse 15
by the member state dental board. 16
(d) Member state dental boards may submit to the clearinghouse nonpublic 17
complaints, or disciplinary or i nvestigatory information not required by Section 18
4(c) of this Compact. All investigatory material shall be considered confidential 19
and not part of a public record unless otherwise specifically required by state 20
statute. 21
(e) Members states shall accept cont inuing education credits as required or 22
recognized by any other member state. 23
(f) Documents in the repository shall be treated by a member state as the equivalent 24
of a primary or original source document for licensure. 25
(g) Member states shall accept a stan dardized application for a compact license 26
privilege. The standardized application shall be established by the rules enacted 27
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by the commission. 1
(h) Member states may agree to share information regarding ongoing investigations 2
and actions, including joint i nvestigations between states. All investigatory 3
material shall be considered confidential and not part of a public record unless 4
otherwise specifically required by state statute. 5
(i) As part of the Compact enforcement, participating member states may issue 6
subpoenas and seek testimony of witnesses, which subpoenas shall be enforced in 7
other member states and enforced by a court of competent jurisdiction where the 8
witnesses or evidence is located. 9
Section 5. POWERS AND DUTIES OF THE COMMISSION 10
(a) The commission shall have the duty and power to: 11
(1) Oversee and maintain the administration of the Compact, including the 12
organizational needs, the financial activities, the hiring of personnel and 13
ongoing activities or needs of the commission; 14
(2) Promulgate bylaws and rules to operate the Compact and the commission; 15
(3) Establish a budget and make expenditures; 16
(4) Have an annual financial audit performed by an independent certified 17
public accounting firm; 18
(5) Issue, upon the request of a member state dental board, advisory opinions 19
concerning the meaning or interpretation of the Compact and its bylaws, 20
rules, and actions; 21
(6) Enforce compliance with Compact provisions, the rules promulgated by the 22
commission, and the bylaws, using all necessary and proper means, 23
including but not limited to the use of judicial process; 24
(7) Hold an annual meeting for the commission where the elections of the 25
executive committee and other issues may be discussed and voted on; 26
(8) Establish personnel policies and programs relating to conflicts of interest, 27
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and the rates of compensation and qualifications of personnel; 1
(9) Accept donations and grants of money, equipment, supplies, materials, and 2
services, and to receive, util ize, and dispose of them in a manner consistent 3
with the conflict of interest policies established by the commission; 4
(10) Report annually to the legislatures and governors of the member state 5
dental boards concerning the activities of the commission durin g the 6
preceding calendar year. Such reports shall also include reports of annual 7
financial audits, all actions of the commission, rules adopted by the 8
commission, and any recommendations by the commission; and 9
(11) Coordinate education, training and public awareness regarding the 10
Compact, its implementation, and its operation. 11
(b) The executive committee shall have the power to act on behalf of the commission, 12
with the exception of rulemaking, during periods when the commission is not in 13
session. When acting on behalf of the commission, the executive committee shall 14
oversee the administration of the Compact, including enforcement of and 15
compliance with the Compact. 16
(c) The officers and employees of the commission shall be immune from suit and 17
liability, either personally or in their official capacity, for a claim for damage to 18
or loss of property or personal injury or other civil liability caused or arising out 19
of, or relating to, an actual or alleged act, error or omission that occurred, or that 20
such person had a reasonable basis for believing occurred, within the scope of 21
commission employment, duties or responsibilities; provided, that such person 22
shall not be protected from suit or liability for damage, loss, injury or liability 23
caused by the intentional or willful and wanton misconduct of such person. 24
(d) The liability of the executive director and employees of the commission or 25
representatives of the commission, acting within the scope of such person's 26
employment or duties for acts, errors or omissions occurring within such person's 27
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state may not exceed the limits of liability set forth under the constitution and 1
laws of that state for state officials, employees, and agents. The commission shall 2
be considered to be an instrumentality of the states for the purposes of any such 3
action. Nothing in this subsection shall be construed to protect such person from 4
suit or liability for damage, loss, injury, or liability caused by the intentional or 5
willful and wanton misconduct of such person. 6
(e) The commission s hall defend the commission’s executive director, its employees, 7
and, subject to the approval of the attorney general or other appropriate legal 8
counsel of the member state represented by a commission representative, shall 9
defend such commission representat ive in any civil action seeking to impose 10
liability arising out of an actual or alleged act, error or omission that occurred 11
within the scope of commission employment, duties or responsibilities, or that the 12
defendant had a reasonable basis for believing o ccurred within the scope of 13
commission employment, duties or responsibilities, provided that the actual or 14
alleged act, error or omission did not result from intentional or willful and 15
wanton misconduct on the part of such person. 16
(f) To the extent not cov ered by the state involved, member state, or the commission, 17
the representatives or employees of the commission shall be held harmless by the 18
commission in the amount of a settlement or judgment, including attorney's fees 19
and costs, obtained against such p ersons arising out of an actual or alleged act, 20
error or omission that occurred within the scope of commission employment, 21
duties or responsibilities, or that such persons had a reasonable basis for 22
believing occurred within the scope of commission employm ent, duties, or 23
responsibilities, provided that the actual or alleged act, error or omission did not 24
result from intentional or willful and wanton misconduct on the part of such 25
persons. 26
Section 6. APPLICATION, ELIGIBILITY, AND ISSUANCE OF COMPACT 27
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LICENSE PRIVILEGE TO A MEMBER STATE 1
(a) A dentist or dental hygienist applying for compact license privileges shall meet 2
the requirements of a dentist as listed in Section (2)(r) of this Compact or a dental 3
hygienist as listed in Section (2)(p) of this Compact and hold a current license in 4
a member state under this Compact. 5
(b) Each dentist or dental hygienist shall designate a home state of licensure. The 6
home state shall be determined by: 7
(1) The state of primary residence for the dentist or dental hygienist, whe re 8
twenty-five percent (25%) of their practice within one (1) year occurs. An 9
active duty military member or their spouse may choose a home state as 10
designated with the military but are not required to meet the requirement of 11
twenty-five percent (25%) practice being within their home state; or 12
(2) If no state qualifies under Section 6(b)(1) of this Compact, then the state 13
that the dentist or dental hygienist listed as their state of residence on the 14
previous year’s federal tax return. 15
(c) A dentist or dent al hygienist may redesignate a home state no more than one (1) 16
time in a calendar year if the qualifications of a home state are met. 17
(d) A dentist or dental hygienist seeking a compact license privilege, the applicant, 18
shall apply to their home state dent al board for a letter stating that the applicant 19
is eligible for compact license privileges. 20
(e) The home state dental board shall determine the eligibility of an application for a 21
compact license privilege and shall issue a letter of approval or denial of the 22
application for a compact license privilege. 23
(f) The letter from the applicant’s home state dental board approving the application 24
shall be submitted to the member state dental board for the member state in 25
which the applicant proposes to practice, and shall include: 26
(1) The Compact application packet; 27
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(2) Authorization to seek access to the applicant’s repository documents; 1
(3) Any additional information that may be requir ed by the proposed compact 2
license privilege state; and 3
(4) Any required fees. 4
The member state dental board shall review the application to confirm 5
compliance with the member state’s laws and regulations. Following such review, 6
if the member state dental board approves the application, it shall issue a compact 7
license privilege from the proposed member state to the applicant. 8
(g) Appeals of a denial of a compact license privilege application shall be filed with 9
the member state dental board making such d etermination, and shall be filed 10
within thirty (30) days of the days of the denial. 11
(h) A licensee holding a compact license privilege shall notify the commission within 12
ten (10) business days of any adverse action taken against a license held in a state 13
that is not a member state. 14
(i) A compact license privilege may be revoked, suspended, or limited by the issuing 15
member state dental board if at any time the licensee’s home state license is 16
revoked, suspended, or limited. 17
(j) The commission shall issue rul es on the duration of a compact license privilege, 18
the application and renewal process for a compact license privilege, and any 19
application fees. 20
(k) Eligibility or ineligibility to receive a compact license privilege shall not limit the 21
ability of a licen see to seek a state license through the regular process outside of 22
the Compact. 23
Section 7. JURISDICTION OVER COMPACT LICENSE PRIVILEGE HOLDERS 24
(a) Each licensee holding a compact license privilege shall be subject to and comply 25
with the laws and regulatio ns of the member state in which such licensee 26
practices under a compact license privilege. 27
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(b) Each licensee holding a compact license privilege shall be subject to the 1
jurisdiction and authority of the member state dental board of the state in which 2
such licensee practices, as if they held a license issued from such member state 3
dental board. Such compact license privilege holder shall be deemed a licensee of 4
the member state dental board for purposes of such board taking an adverse 5
action. 6
(c) Each licensee holding a compact license privilege shall list a current address with 7
the commission that shall serve as their official address of service. 8
(d) A licensee holding a compact license privilege may have an adverse action taken 9
against them by: 10
(1) The mem ber state dental board of the member state in which they are 11
practicing with a compact license privilege; 12
(2) The licensee’s home state; or 13
(3) The state licensing authority of a state that is not a member state from 14
which the licensee holds a license. 15
(e) A home state may take an adverse action against the holder of a compact license 16
privilege, regardless of where the actions giving rise to the adverse action 17
occurred. 18
(f) Any member state in which the compact licensee holds a compact license 19
privilege may investigate an allegation of a violation of the laws and rules of the 20
practice of dentistry or dental hygiene in any other state where the compact 21
licensee holds a compact license privilege. 22
Section 8. FEES AND MILITARY WAIVER 23
(a) The commission shall is sue rules regarding the use of the repository by each 24
holder of a compact license privilege. 25
(b) A member state dental board issuing a compact license privilege authorizing 26
practice in its state may impose a fee for a compact license privilege, for either 27
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initial issuance or any renewal. 1
(c) No compact fee shall be required of any active duty military member or their 2
spouse up to one (1) year after separation from the service. Each member state 3
issuing a compact license privilege may waive fees for active duty military 4
members and their spouse as required by each individual state statute. 5
(d) Active duty military may transfer military training records to the repository 6
without a fee. 7
Section 9. JOINT INVESTIGATIONS AND DISCIPLINARY ACTIONS 8
(a) Each member state shall name a point of contact for joint investigations between 9
member state dental boards. 10
(b) Member state dental boards may participate with other member state dental 11
boards in joint investigations of licensees that are subject to this compact. 12
(c) Member state dental boards may share investigative, litigation or other materials 13
in furtherance of any joint or individual investigation of a compact license 14
privilege holder. 15
(d) A subpoena issued by a member state or member state dental board shall be 16
enforceable in other member states as allowed by law. 17
(e) If a compact license privilege holder has an adverse action taken against them by 18
any member state dental board, the compac t license privilege holder, licensee 19
shall automatically be subject to similar discipline by other member state dental 20
boards. 21
(f) If a compact license privilege holder has an adverse action taken against their 22
home state license, including being revoked, surrendered, or relinquished in lieu 23
of discipline or suspended, then automatically all other compact license privileges 24
shall be placed in the same status. The home state dental board shall notify the 25
commission and the commission shall issue a notice to all member state dental 26
boards of such adverse action. 27
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(g) If discipline or an adverse action is taken against a compact license privilege 1
holder in a member state, the member state board shall notify the commission 2
and the home state of the compact licens e privilege holder. The home state may 3
deem the action conclusive as a matter of law and fact and may: 4
(1) Impose the same or lesser sanction consistent with the home state’s laws; or 5
(2) Pursue separate actions against the compact license privilege holder under 6
its laws, regardless of the sanctions pursued by the member state dental 7
board. 8
Section 10. OTHER REQUESTS FOR INFORMATION FROM THE REPOSITORY 9
AND THE CLEARINGHOUSE 10
(a) Insurance companies and entities verifying documents for the purpose of license s 11
extended to a dentist or dental hygienist may seek information from the 12
clearinghouse for public record documents; 13
(b) A dentist or dental hygienist may submit a request to the commission to allow any 14
hiring employer, entity, or insurance company to acce ss documents from the 15
repository for the purposes of credentialing, licensing, or other privileges. 16
(c) The commission shall set a fee schedule for these services. 17
Section 11. RULEMAKING FUNCTIONS OF THE COMMISSION 18
(a) The commission shall promulgate reaso nable rules in order to effectively and 19
efficiently implement and achieve the purposes and administration of the 20
Compact. Notwithstanding the foregoing, in the event the commission exercises 21
its rulemaking authority in a manner that is beyond the scope of the purposes of 22
the Compact or the powers granted hereunder, then such an action by the 23
commission may be determined to be invalid and have no force or effect. 24
(b) Rules validly issued by the commission shall have the force of law in each 25
member state. 26
(c) Rules deemed appropriate for the operations of the commission shall be made 27
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pursuant to a rulemaking process that substantially conforms to the Model State 1
Administrative Procedure Act of 2010, and subsequent amendments thereto. 2
Section 12. OVERSIGHT OF THE COMPACT 3
(a) The executive, legislative, and judicial branches of state government in each 4
member state shall enforce the Compact and shall take all actions necessary and 5
appropriate to effectuate the Compact's purposes and intent to allow for expedited 6
licensure for the purpose of mobility. The provisions of the Compact and the 7
rules promulgated hereunder shall have standing as statutory law but shall not 8
override existing state authority to regulate the practice of dentistry and dental 9
hygiene. 10
(b) All courts may take judicial notice of the Compact and the rules in any judicial or 11
administrative proceeding in a member state pertaining to the subject matter of 12
the Compact which may affect the powers, responsibilities, or actions of the 13
commission. 14
(c) The commission shall be entitled to receive all service of process in any such 15
proceeding and shall have standing to intervene in the proceeding for all 16
purposes. Except where the commission has intervened, failure to provide service 17
of process to the commiss ion shall render a judgment or order void as to the 18
commission, the Compact or promulgated rules. 19
Section 13. ENFORCEMENT AND DEFAULT PROCEDURES 20
(a) The commission, in the reasonable exercise of its discretion, shall enforce the 21
provisions and rules of the Compact. 22
(b) The grounds for default under this Compact by a member state include, but are 23
not limited to, failure of a member state to perform such obligations or 24
responsibilities imposed upon it by the Compact or by the rules and bylaws of the 25
commission promulgated under the Compact. 26
(c) If the commission determines that a member state has defaulted in the 27
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performance of its obligations or responsibilities under the Compact, or the 1
bylaws or promulgated rules, the commission shall: 2
(1) Provide written notice to the defaulting state and other member states of the 3
nature of the default, the means of curing the default and any action taken 4
by the commission. The commission shall specify the conditions by which 5
the defaulting state must cure its default; and 6
(2) Provide remedial training and specific technical assistance regarding the 7
default. 8
(d) If the defaulting state fails to cure the default, the defaulting state shall be 9
terminated from the Compact upon an affirmative vote of a majority of the 10
commissioners and all rights, privileges and benefits conferred by the Compact 11
shall terminate on the effective date of termination. A cure of the default does not 12
relieve the offending state of obligations or liabilities incurred during the period 13
of the default. 14
(e) Termination of membership in the Compact shall be imposed only after all other 15
means of securing compliance have been exhausted. Notice of intent to terminate 16
shall be given by the commission to the governor, the majority and minority 17
leaders of the defaulting state's legislature and each of the member states. 18
(f) The commission shall establish rules and procedures to address licensees and 19
compact license privilege holders that are materially impacted by the termination 20
of a member state or the withdrawal of a member state. 21
(g) The commission shall not bear any costs relating to any state that has been found 22
to be in default or which has been terminated from the Compact, unless otherwise 23
mutually agreed upon in writing between the commission and the defa ulting 24
state. 25
(h) The defaulting state may appeal the action of the commission by petitioning the 26
state court where the commission has its principal offices. The prevailing party 27
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shall be awarded all costs of such litigation, including reasonable attorney's fees. 1
(i) The commission shall not bear any costs relating to any state that has been found 2
to be in default or which has been terminated from the Compact, unless otherwise 3
mutually agreed upon in writing between the commission and the defaulting 4
state. 5
(j) The remedies h erein shall not be the exclusive remedies of the commission. The 6
commission may avail itself of any other remedies available under state law or the 7
regulation of a profession. 8
Section 14. DISPUTE RESOLUTION 9
(a) The commission shall attempt, upon the reques t of a member state dental board, 10
to resolve disputes which are subject to the compact and which may arise among 11
member state dental boards. 12
(b) The commission shall promulgate rules providing for both mediation and 13
voluntary binding dispute resolution, as appropriate. 14
Section 15. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT 15
(a) Any state is eligible to become a member state of the Compact. 16
(b) The Compact shall become effective and binding upon legislative enactment of 17
the Compact into law by no less than f ive (5) states. Thereafter, it shall become 18
effective and binding on a state upon enactment of the Compact into law by that 19
state. 20
(c) The governors of nonmember states, or their designees, shall be invited to 21
participate in the activities of the commissio n on a nonvoting basis prior to 22
adoption of the Compact by all states. 23
(d) The commission may propose amendments to the Compact for enactment by the 24
member states. No amendment shall become effective and binding upon the 25
commission and the member states un less and until it is enacted into law by 26
unanimous consent of the member states. 27
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Section 16. WITHDRAWAL 1
(a) Once effective, the Compact shall continue in force and remain binding upon 2
each and every member state; provided, however, that a member state may 3
withdraw from the Compact after giving appropriate notice by specifically 4
repealing the statute which enacted the Compact into law. 5
(b) The licensee’s compact license privilege shall remain in effect for six (6) months 6
from the date of the member state dental board withdrawal. 7
(c) The withdrawing state shall immediately notify the chairperson of the 8
commission in writing upon the introduction of legislation repealing the Compact 9
by the withdrawing state, and upon the enactment of such legislation. 10
(d) The commission shall notify the other member states within sixty (60) days of its 11
receipt of notice provided under Section 16(c) of this Compact. 12
(e) Reinstatement following withdrawal of a member state shall occur upon the 13
withdrawing state reenacting the Com pact or upon such later date as determined 14
by the commission. 15
(f) The commission shall issue rules to address the impact of the withdrawal of a 16
member state on licenses granted by other member states to dentists and dental 17
hygienists who designated the withdrawing member state as their home state. 18
Section 17. DISSOLUTION 19
(a) The Compact shall dissolve effective upon the date of the withdrawal or default of 20
the member state which reduces the membership in the Compact to one (1) 21
member state. 22
(b) Upon the dis solution of the Compact, the Compact shall become null and void 23
and shall be of no further force or effect, and the business and affairs of the 24
commission shall be concluded and surplus funds shall be distributed in 25
accordance with the bylaws. 26
Section 18. SEVERABILITY AND CONSTRUCTION 27
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(a) The provisions of the Compact shall be severable, and if any phrase, clause, 1
sentence, or provision is deemed unenforceable, the remaining provisions of the 2
Compact shall be enforceable. 3
(b) The provisions of the Compact s hall be liberally construed to effectuate its 4
purposes. 5
Section 19. BINDING EFFECT OF COMPACT AND OTHER LAWS 6
(a) Nothing herein prevents the enforcement of any other law of a member state that 7
is not inconsistent with the Compact. 8
(b) All lawful actions of the commission, including all rules and bylaws promulgated 9
by the commission, shall be binding upon the member states. 10
(c) All agreements between the commission and the member states shall be binding 11
in accordance with their terms. 12
(d) In the event any pr ovision of the Compact exceeds the constitutional limits 13
imposed on the legislature of any member state, such provision shall be 14
ineffective to the extent of the conflict with the constitutional provision in 15
question in that member state. 16
Section 20. RULES OF ORDER 17
The most current edition of the American Institute of Parliamentarians Standard Code 18
of Parliamentary Procedure shall be used for all meetings of the commission, 19
including its committees, in those situations not otherwise covered in the bylaws. 20