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HB-4935, As Passed House, May 14, 2026
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HOUSE BILL NO. 4935
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 16601 (MCL 333.16601), as amended by 2018 PA
463, and by adding sections 16187b and 16611a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 16187b. (1) The dentist and dental hygienist compact is 1
enacted into law and entered into by this state as a party with all 2
jurisdictions that legally join in the compact, in the form 3
substantially as follows: 4
September 11, 2025, Introduced by Reps. Fairbairn, Prestin, Bohnak, Cavitt, Markkanen, Beson,
Linting, Thompson, Wortz, Paquette and VanderWall and referred to Committee on Health
Policy.
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SECTION 1. TITLE AND PURPOSE 1
This statute shall be known and cited as the Dentist and 2
Dental Hygienist Compact. The purposes of this Compact are to 3
facilitate the interstate practice of dentistry and dental hygiene 4
and improve public access to dentistry and dental hygiene services 5
by providing Dentists and Dental Hygienists licensed in a 6
Participating State the ability to practice in Participating States 7
in which they are not licensed. The Compact does this by 8
establishing a pathway for a Dentists and Dental Hygienists 9
licensed in a Participating State to obtain a Compact Privilege 10
that authorizes them to practice in another Participating State in 11
which they are not licensed. The Compact enables Participating 12
States to protect the public health and safety with respect to the 13
practice of such Dentists and Dental Hygienists, through the 14
State's authority to regulate the practice of dentistry and dental 15
hygiene in the State. The Compact: 16
A. Enables Dentists and Dental Hygienists who qualify for a 17
Compact Privilege to practice in other Participating States without 18
satisfying burdensome and duplicative requirements associated with 19
securing a License to practice in those States. 20
B. Promotes mobility and addresses workforce shortages through 21
each Participating State's acceptance of a Compact Privilege to 22
practice in that State. 23
C. Increases public access to qualified, licensed Dentists and 24
Dental Hygienists by creating a responsible, streamlined pathway 25
for Licensees to practice in Participating States. 26
D. Enhances the ability of Participating States to protect the 27
public's health and safety. 28
E. Does not interfere with licensure requirements established 29
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by a Participating State. 1
F. Facilitates the sharing of licensure and disciplinary 2
information among Participating States. 3
G. Requires Dentists and Dental Hygienists who practice in a 4
Participating State pursuant to a Compact Privilege to practice 5
within the Scope of Practice authorized in that State. 6
H. Extends the authority of a Participating State to regulate 7
the practice of dentistry and dental hygiene within its borders to 8
Dentists and Dental Hygienists who practice in the State through a 9
Compact Privilege. 10
I. Promotes the cooperation of Participating State in 11
regulating the practice of dentistry and dental hygiene within 12
those States. 13
J. Facilitates the relocation of military members and their 14
spouses who are licensed to practice dentistry or dental hygiene. 15
SECTION 2. DEFINITIONS 16
As used in this Compact, unless the context requires 17
otherwise, the following definitions shall apply: 18
A. "Active Military Member" means any person with full-time 19
duty status in the Armed Forces of the United States, including 20
members of the National Guard and Reserve. 21
B. "Adverse Action" means disciplinary action or encumbrance 22
imposed on a License or Compact Privilege by a State Licensing 23
Authority. 24
C. "Alternative Program" means a non-disciplinary monitoring 25
or practice remediation process applicable to a Dentist or Dental 26
Hygienist approved by a State Licensing Authority of a 27
Participating State in which the Dentist or Dental Hygienist is 28
licensed. This includes, but is not limited to, programs to which 29
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Licensees with substance abuse or addiction issues are referred in 1
lieu of Adverse Action. 2
D. "Clinical Assessment" means examination or process, 3
required for licensure as a Dentist or Dental Hygienist as 4
applicable, that provides evidence of clinical competence in 5
dentistry or dental hygiene. 6
E. "Commissioner" means the individual appointed by a 7
Participating State to serve as the member of the Commission for 8
that Participating State. 9
F. "Compact" means this Dentist and Dental Hygienist Compact. 10
G. "Compact Privilege" means the authorization granted by a 11
Remote State to allow a Licensee from a Participating State to 12
practice as a Dentist or Dental Hygienist in a Remote State. 13
H. "Continuing Professional Development" means a requirement, 14
as a condition of License renewal to provide evidence of successful 15
participation in educational or professional activities relevant to 16
practice or area of work. 17
I. "Criminal Background Check" means the submission of 18
fingerprints or other biometric-based information for a License 19
applicant for the purpose of obtaining that applicant's criminal 20
history record information, as defined in 28 CFR 20.3(d) from the 21
Federal Bureau of Investigation and the State's criminal history 22
record repository as defined in 28 CFR 20.3(f). 23
J. "Data System" means the Commission's repository of 24
information about Licensees, including but not limited to 25
examination, licensure, investigative, Compact Privilege, Adverse 26
Action, and Alternative Program. 27
K. "Dental Hygienist" means an individual who is licensed by a 28
State Licensing Authority to practice dental hygiene. 29
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L. "Dentist" means an individual who is licensed by a State 1
Licensing Authority to practice dentistry. 2
M. "Dentist and Dental Hygienist Compact Commission" or 3
"Commission" means a joint government agency established by this 4
Compact comprised of each State that has enacted the Compact and a 5
national administrative body comprised of a Commissioner from each 6
State that has enacted the Compact. 7
N. "Encumbered License" means a License that a State Licensing 8
Authority has limited in any way other than through an Alternative 9
Program. 10
O. "Executive Board" means the Chair, Vice Chair, Secretary 11
and Treasurer and any other Commissioners as may be determined by 12
Commission Rule or bylaw. 13
P. "Jurisprudence Requirement" means the assessment of an 14
individual's knowledge of the laws and Rules governing the practice 15
of dentistry or dental hygiene, as applicable, in a State. 16
Q. "License" means current authorization by a State, other 17
than authorization pursuant to a Compact Privilege, or other 18
privilege, for an individual to practice as a Dentist or Dental 19
Hygienist in that State. 20
R. "Licensee" means an individual who holds an unrestricted 21
License from a Participating State to practice as a Dentist or 22
Dental Hygienist in that State. 23
S. "Model Compact" the model for the Dentist and Dental 24
Hygienist Compact on file with the Council of State Governments or 25
other entity as designated by the Commission. 26
T. "Participating State" means a State that has enacted the 27
Compact and been admitted to the Commission in accordance with the 28
provisions herein and Commission Rules. 29
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U. "Qualifying License" means a License that is not an 1
Encumbered License issued by a Participating State to practice 2
dentistry or dental hygiene. 3
V. "Remote State" means a Participating State where a Licensee 4
who is not licensed as a Dentist or Dental Hygienist is exercising 5
or seeking to exercise the Compact Privilege. 6
W. "Rule" means a regulation promulgated by an entity that has 7
the force of law. 8
X. "Scope of Practice" means the procedures, actions, and 9
processes a Dentist or Dental Hygienist licensed in a State is 10
permitted to undertake in that State and the circumstances under 11
which the Licensee is permitted to undertake those procedures, 12
actions and processes. Such procedures, actions and processes and 13
the circumstances under which they may be undertaken may be 14
established through means, including, but not limited to, statute, 15
regulations, case law, and other processes available to the State 16
Licensing Authority or other government agency. 17
Y. "Significant Investigative Information" means information, 18
records, and documents received or generated by a State Licensing 19
Authority pursuant to an investigation for which a determination 20
has been made that there is probable cause to believe that the 21
Licensee has violated a statute or regulation that is considered 22
more than a minor infraction for which the State Licensing 23
Authority could pursue Adverse Action against the Licensee. 24
Z. "State" means any state, commonwealth, district, or 25
territory of the United States of America that regulates the 26
practices of dentistry and dental hygiene. 27
AA. "State Licensing Authority" means an agency or other 28
entity of a State that is responsible for the licensing and 29
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regulation of Dentists or Dental Hygienists. 1
SECTION 3. STATE PARTICIPATION IN THE COMPACT 2
A. In order to join the Compact and thereafter continue as a 3
Participating State, a State must: 4
1. Enact a compact that is not materially different from the 5
Model Compact as determined in accordance with Commission Rules; 6
2. Participate fully in the Commission's Data System; 7
3. Have a mechanism in place for receiving and investigating 8
complaints about its Licensees and License applicants; 9
4. Notify the Commission, in compliance with the terms of the 10
Compact and Commission Rules, of any Adverse Action or the 11
availability of Significant Investigative Information regarding a 12
Licensee and License applicant; 13
5. Fully implement a Criminal Background Check requirement, 14
within a time frame established by Commission Rule, by receiving 15
the results of a qualifying Criminal Background Check; 16
6. Comply with the Commission Rules applicable to a 17
Participating State; 18
7. Accept the National Board Examinations of the Joint 19
Commission on National Dental Examinations or another examination 20
accepted by Commission Rule as a licensure examination; 21
8. Accept for licensure that applicants for a Dentist License 22
graduate from a predoctoral dental education program accredited by 23
the Commission on Dental Accreditation, or another accrediting 24
agency recognized by the United States Department of Education for 25
the accreditation of dentistry and dental hygiene education 26
programs, leading to the Doctor of Dental Surgery (D.D.S.) or 27
Doctor of Dental Medicine (D.M.D.) degree; 28
9. Accept for licensure that applicants for a Dental Hygienist 29
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License graduate from a dental hygiene education program accredited 1
by the Commission on Dental Accreditation or another accrediting 2
agency recognized by the United States Department of Education for 3
the accreditation of dentistry and dental hygiene education 4
programs; 5
10. Require for licensure that applicants successfully 6
complete a Clinical Assessment; 7
11. Have Continuing Professional Development requirements as a 8
condition for License renewal; and 9
12. Pay a participation fee to the Commission as established 10
by Commission Rule. 11
B. Providing alternative pathways for an individual to obtain 12
an unrestricted License does not disqualify a State from 13
participating in the Compact. 14
C. When conducting a Criminal Background Check the State 15
Licensing Authority shall: 16
1. Consider that information in making a licensure decision; 17
2. Maintain documentation of completion of the Criminal 18
Background Check and background check information to the extent 19
allowed by State and federal law; and 20
3. Report to the Commission whether it has completed the 21
Criminal Background Check and whether the individual was granted or 22
denied a License. 23
D. A Licensee of a Participating State who has a Qualifying 24
License in that State and does not hold an Encumbered License in 25
any other Participating State, shall be issued a Compact Privilege 26
in a Remote State in accordance with the terms of the Compact and 27
Commission Rules. If a Remote State has a Jurisprudence Requirement 28
a Compact Privilege will not be issued to the Licensee unless the 29
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Licensee has satisfied the Jurisprudence Requirement. 1
SECTION 4. COMPACT PRIVILEGE 2
A. To obtain and exercise the Compact Privilege under the 3
terms and provisions of the Compact, the Licensee shall: 4
1. Have a Qualifying License as a Dentist or Dental Hygienist 5
in a Participating State; 6
2. Be eligible for a Compact Privilege in any Remote State in 7
accordance with D, G and H of this section; 8
3. Submit to an application process whenever the Licensee is 9
seeking a Compact Privilege; 10
4. Pay any applicable Commission and Remote State fees for a 11
Compact Privilege in the Remote State; 12
5. Meet any Jurisprudence Requirement established by a Remote 13
State in which the Licensee is seeking a Compact Privilege; 14
6. Have passed a National Board Examination of the Joint 15
Commission on National Dental Examinations or another examination 16
accepted by Commission Rule; 17
7. For a Dentist, have graduated from a predoctoral dental 18
education program accredited by the Commission on Dental 19
Accreditation, or another accrediting agency recognized by the 20
United States Department of Education for the accreditation of 21
dentistry and dental hygiene education programs, leading to the 22
Doctor of Dental Surgery (D.D.S.) or Doctor of Dental Medicine 23
(D.M.D.) degree; 24
8. For a Dental Hygienist, have graduated from a dental 25
hygiene education program accredited by the Commission on Dental 26
Accreditation or another accrediting agency recognized by the 27
United States Department of Education for the accreditation of 28
dentistry and dental hygiene education programs; 29
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9. Have successfully completed a Clinical Assessment for 1
licensure; 2
10. Report to the Commission Adverse Action taken by any non-3
Participating State when applying for a Compact Privilege and, 4
otherwise, within thirty (30) days from the date the Adverse Action 5
is taken; 6
11. Report to the Commission when applying for a Compact 7
Privilege the address of the Licensee's primary residence and 8
thereafter immediately report to the Commission any change in the 9
address of the Licensee's primary residence; and 10
12. Consent to accept service of process by mail at the 11
Licensee's primary residence on record with the Commission with 12
respect to any action brought against the Licensee by the 13
Commission or a Participating State, and consent to accept service 14
of a subpoena by mail at the Licensee's primary residence on record 15
with the Commission with respect to any action brought or 16
investigation conducted by the Commission or a Participating State. 17
B. The Licensee must comply with the requirements of 18
subsection A of this section to maintain the Compact Privilege in 19
the Remote State. If those requirements are met, the Compact 20
Privilege will continue as long as the Licensee maintains a 21
Qualifying License in the State through which the Licensee applied 22
for the Compact Privilege and pays any applicable Compact Privilege 23
renewal fees. 24
C. A Licensee providing dentistry or dental hygiene in a 25
Remote State under the Compact Privilege shall function within the 26
Scope of Practice authorized by the Remote State for a Dentist or 27
Dental Hygienist licensed in that State. 28
D. A Licensee providing dentistry or dental hygiene pursuant 29
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to a Compact Privilege in a Remote State is subject to that State's 1
regulatory authority. A Remote State may, in accordance with due 2
process and that State's laws, by Adverse Action revoke or remove a 3
Licensee's Compact Privilege in the Remote State for a specific 4
period of time and impose fines or take any other necessary actions 5
to protect the health and safety of its citizens. If a Remote State 6
imposes an Adverse Action against a Compact Privilege that limits 7
the Compact Privilege, that Adverse Action applies to all Compact 8
Privileges in all Remote States. A Licensee whose Compact Privilege 9
in a Remote State is removed for a specified period of time is not 10
eligible for a Compact Privilege in any other Remote State until 11
the specific time for removal of the Compact Privilege has passed 12
and all encumbrance requirements are satisfied. 13
E. If a License in a Participating State is an Encumbered 14
License, the Licensee shall lose the Compact Privilege in a Remote 15
State and shall not be eligible for a Compact Privilege in any 16
Remote State until the License is no longer encumbered. 17
F. Once an Encumbered License in a Participating State is 18
restored to good standing, the Licensee must meet the requirements 19
of subsection A of this section to obtain a Compact Privilege in a 20
Remote State. 21
G. If a Licensee's Compact Privilege in a Remote State is 22
removed by the Remote State, the individual shall lose or be 23
ineligible for the Compact Privilege in any Remote State until the 24
following occur: 25
1. The specific period of time for which the Compact Privilege 26
was removed has ended; and 27
2. All conditions for removal of the Compact Privilege have 28
been satisfied. 29
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H. Once the requirements of subsection G of this section have 1
been met, the Licensee must meet the requirements in subsection A 2
of this section to obtain a Compact Privilege in a Remote State. 3
SECTION 5. ACTIVE MILITARY MEMBER OR THEIR SPOUSES 4
An Active Military Member and their spouse shall not be 5
required to pay to the Commission for a Compact Privilege the fee 6
otherwise charged by the Commission. If a Remote State chooses to 7
charge a fee for a Compact Privilege, it may choose to charge a 8
reduced fee or no fee to an Active Military Member and their spouse 9
for a Compact Privilege. 10
SECTION 6. ADVERSE ACTIONS 11
A. A Participating State in which a Licensee is licensed shall 12
have exclusive authority to impose Adverse Action against the 13
Qualifying License issued by that Participating State. 14
B. A Participating State may take Adverse Action based on the 15
Significant Investigative Information of a Remote State, so long as 16
the Participating State follows its own procedures for imposing 17
Adverse Action. 18
C. Nothing in this Compact shall override a Participating 19
State's decision that participation in an Alternative Program may 20
be used in lieu of Adverse Action and that such participation shall 21
remain non-public if required by the Participating State's laws. 22
Participating States must require Licensees who enter any 23
Alternative Program in lieu of discipline to agree not to practice 24
pursuant to a Compact Privilege in any other Participating State 25
during the term of the Alternative Program without prior 26
authorization from such other Participating State. 27
D. Any Participating State in which a Licensee is applying to 28
practice or is practicing pursuant to a Compact Privilege may 29
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investigate actual or alleged violations of the statutes and 1
regulations authorizing the practice of dentistry or dental hygiene 2
in any other Participating State in which the Dentist or Dental 3
Hygienist holds a License or Compact Privilege. 4
E. A Remote State shall have the authority to: 5
1. Take Adverse Actions as set forth in Section 4.D against a 6
Licensee's Compact Privilege in the State; 7
2. In furtherance of its rights and responsibilities under the 8
Compact and the Commission's Rules issue subpoenas for both 9
hearings and investigations that require the attendance and 10
testimony of witnesses, and the production of evidence. Subpoenas 11
issued by a State Licensing Authority in a Participating State for 12
the attendance and testimony of witnesses, or the production of 13
evidence from another Participating State, shall be enforced in the 14
latter State by any court of competent jurisdiction, according to 15
the practice and procedure of that court applicable to subpoenas 16
issued in proceedings pending before it. The issuing authority 17
shall pay any witness fees, travel expenses, mileage, and other 18
fees required by the service statutes of the State where the 19
witnesses or evidence are located; and 20
3. If otherwise permitted by State law, recover from the 21
Licensee the costs of investigations and disposition of cases 22
resulting from any Adverse Action taken against that Licensee. 23
F. Joint Investigations. 24
1. In addition to the authority granted to a Participating 25
State by its Dentist or Dental Hygienist licensure act or other 26
applicable State law, a Participating State may jointly investigate 27
Licensees with other Participating States. 28
2. Participating States shall share any Significant 29
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Investigative Information, litigation, or compliance materials in 1
furtherance of any joint or individual investigation initiated 2
under the Compact. 3
G. Authority to Continue Investigation. 4
1. After a Licensee's Compact Privilege in a Remote State is 5
terminated, the Remote State may continue an investigation of the 6
Licensee that began when the Licensee had a Compact Privilege in 7
that Remote State. 8
2. If the investigation yields what would be Significant 9
Investigative Information had the Licensee continued to have a 10
Compact Privilege in that Remote State, the Remote State shall 11
report the presence of such information to the Data System as 12
required by Section 8.B.6 as if it was Significant Investigative 13
Information. 14
SECTION 7. ESTABLISHMENT AND OPERATION OF THE COMMISSION 15
A. The Compact Participating States hereby create and 16
establish a joint government agency whose membership consists of 17
all Participating States that have enacted the Compact. The 18
Commission is an instrumentality of the Participating States acting 19
jointly and not an instrumentality of any one State. The Commission 20
shall come into existence on or after the effective date of the 21
Compact as set forth in Section 11A. 22
B. Participation, Voting, and Meetings. 23
1. Each Participating State shall have and be limited to one 24
(1) Commissioner selected by that Participating State's State 25
Licensing Authority or, if the State has more than one State 26
Licensing Authority, selected collectively by the State Licensing 27
Authorities. 28
2. The Commissioner shall be a member or designee of such 29
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Authority or Authorities. 1
3. The Commission may by Rule or bylaw establish a term of 2
office for Commissioners and may by Rule or bylaw establish term 3
limits. 4
4. The Commission may recommend to a State Licensing Authority 5
or Authorities, as applicable, removal or suspension of an 6
individual as the State's Commissioner. 7
5. A Participating State's State Licensing Authority, or 8
Authorities, as applicable, shall fill any vacancy of its 9
Commissioner on the Commission within sixty (60) days of the 10
vacancy. 11
6. Each Commissioner shall be entitled to one vote on all 12
matters that are voted upon by the Commission. 13
7. The Commission shall meet at least once during each 14
calendar year. Additional meetings may be held as set forth in the 15
bylaws. The Commission may meet by telecommunication, video 16
conference or other similar electronic means. 17
C. The Commission shall have the following powers: 18
1. Establish the fiscal year of the Commission; 19
2. Establish a code of conduct and conflict of interest 20
policies; 21
3. Adopt Rules and bylaws; 22
4. Maintain its financial records in accordance with the 23
bylaws; 24
5. Meet and take such actions as are consistent with the 25
provisions of this Compact, the Commission's Rules, and the bylaws; 26
6. Initiate and conclude legal proceedings or actions in the 27
name of the Commission, provided that the standing of any State 28
Licensing Authority to sue or be sued under applicable law shall 29
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not be affected; 1
7. Maintain and certify records and information provided to a 2
Participating State as the authenticated business records of the 3
Commission, and designate a person to do so on the Commission's 4
behalf; 5
8. Purchase and maintain insurance and bonds; 6
9. Borrow, accept, or contract for services of personnel, 7
including, but not limited to, employees of a Participating State; 8
10. Conduct an annual financial review; 9
11. Hire employees, elect or appoint officers, fix 10
compensation, define duties, grant such individuals appropriate 11
authority to carry out the purposes of the Compact, and establish 12
the Commission's personnel policies and programs relating to 13
conflicts of interest, qualifications of personnel, and other 14
related personnel matters; 15
12. As set forth in the Commission Rules, charge a fee to a 16
Licensee for the grant of a Compact Privilege in a Remote State and 17
thereafter, as may be established by Commission Rule, charge the 18
Licensee a Compact Privilege renewal fee for each renewal period in 19
which that Licensee exercises or intends to exercise the Compact 20
Privilege in that Remote State. Nothing herein shall be construed 21
to prevent a Remote State from charging a Licensee a fee for a 22
Compact Privilege or renewals of a Compact Privilege, or a fee for 23
the Jurisprudence Requirement if the Remote State imposes such a 24
requirement for the grant of a Compact Privilege; 25
13. Accept any and all appropriate gifts, donations, grants of 26
money, other sources of revenue, equipment, supplies, materials, 27
and services, and receive, utilize, and dispose of the same; 28
provided that at all times the Commission shall avoid any 29
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appearance of impropriety and/or conflict of interest; 1
14. Lease, purchase, retain, own, hold, improve, or use any 2
property, real, personal, or mixed, or any undivided interest 3
therein; 4
15. Sell, convey, mortgage, pledge, lease, exchange, abandon, 5
or otherwise dispose of any property real, personal, or mixed; 6
16. Establish a budget and make expenditures; 7
17. Borrow money; 8
18. Appoint committees, including standing committees, which 9
may be composed of members, State regulators, State legislators or 10
their representatives, and consumer representatives, and such other 11
interested persons as may be designated in this Compact and the 12
bylaws; 13
19. Provide and receive information from, and cooperate with, 14
law enforcement agencies; 15
20. Elect a Chair, Vice Chair, Secretary and Treasurer and 16
such other officers of the Commission as provided in the 17
Commission's bylaws; 18
21. Establish and elect an Executive Board; 19
22. Adopt and provide to the Participating States an annual 20
report; 21
23. Determine whether a State's enacted compact is materially 22
different from the Model Compact language such that the State would 23
not qualify for participation in the Compact; 24
24. Perform such other functions as may be necessary or 25
appropriate to achieve the purposes of this Compact. 26
D. Meetings of the Commission. 27
1. All meetings of the Commission that are not closed pursuant 28
to this subsection shall be open to the public. Notice of public 29
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meetings shall be posted on the Commission's website at least 1
thirty (30) days prior to the public meeting. 2
2. Notwithstanding subsection D.1 of this section, the 3
Commission may convene an emergency public meeting by providing at 4
least twenty-four (24) hours prior notice on the Commission's 5
website, and any other means as provided in the Commission's Rules, 6
for any of the reasons it may dispense with notice of proposed 7
rulemaking under Section 9.L. The Commission's legal counsel shall 8
certify that one of the reasons justifying an emergency public 9
meeting has been met. 10
3. Notice of all Commission meetings shall provide the time, 11
date, and location of the meeting, and if the meeting is to be held 12
or accessible via telecommunication, video conference, or other 13
electronic means, the notice shall include the mechanism for access 14
to the meeting through such means. 15
4. The Commission may convene in a closed, non-public meeting 16
for the Commission to receive legal advice or to discuss: 17
a. Non-compliance of a Participating State with its 18
obligations under the Compact; 19
b. The employment, compensation, discipline or other matters, 20
practices or procedures related to specific employees or other 21
matters related to the Commission's internal personnel practices 22
and procedures; 23
c. Current or threatened discipline of a Licensee or Compact 24
Privilege holder by the Commission or by a Participating State's 25
Licensing Authority; 26
d. Current, threatened, or reasonably anticipated litigation; 27
e. Negotiation of contracts for the purchase, lease, or sale 28
of goods, services, or real estate; 29
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f. Accusing any person of a crime or formally censuring any 1
person; 2
g. Trade secrets or commercial or financial information that 3
is privileged or confidential; 4
h. Information of a personal nature where disclosure would 5
constitute a clearly unwarranted invasion of personal privacy; 6
i. Investigative records compiled for law enforcement 7
purposes; 8
j. Information related to any investigative reports prepared 9
by or on behalf of or for use of the Commission or other committee 10
charged with responsibility of investigation or determination of 11
compliance issues pursuant to the Compact; 12
k. Legal advice; 13
l. Matters specifically exempted from disclosure to the public 14
by federal or Participating State law; 15
m. Other matters as promulgated by the Commission by Rule. 16
5. If a meeting, or portion of a meeting, is closed, the 17
presiding officer shall state that the meeting will be closed and 18
reference each relevant exempting provision, and such reference 19
shall be recorded in the minutes. 20
6. The Commission shall keep minutes that fully and clearly 21
describe all matters discussed in a meeting and shall provide a 22
full and accurate summary of actions taken, and the reasons 23
therefore, including a description of the views expressed. All 24
documents considered in connection with an action shall be 25
identified in such minutes. All minutes and documents of a closed 26
meeting shall remain under seal, subject to release only by a 27
majority vote of the Commission or order of a court of competent 28
jurisdiction. 29
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EMR H03505'25_HB4935_APH_1 f9kva6
E. Financing of the Commission. 1
1. The Commission shall pay, or provide for the payment of, 2
the reasonable expenses of its establishment, organization, and 3
ongoing activities. 4
2. The Commission may accept any and all appropriate sources 5
of revenue, donations, and grants of money, equipment, supplies, 6
materials, and services. 7
3. The Commission may levy on and collect an annual assessment 8
from each Participating State and impose fees on Licensees of 9
Participating States when a Compact Privilege is granted, to cover 10
the cost of the operations and activities of the Commission and its 11
staff, which must be in a total amount sufficient to cover its 12
annual budget as approved each fiscal year for which sufficient 13
revenue is not provided by other sources. The aggregate annual 14
assessment amount for Participating States shall be allocated based 15
upon a formula that the Commission shall promulgate by Rule. 16
4. The Commission shall not incur obligations of any kind 17
prior to securing the funds adequate to meet the same; nor shall 18
the Commission pledge the credit of any Participating State, except 19
by and with the authority of the Participating State. 20
5. The Commission shall keep accurate accounts of all receipts 21
and disbursements. The receipts and disbursements of the Commission 22
shall be subject to the financial review and accounting procedures 23
established under its bylaws. All receipts and disbursements of 24
funds handled by the Commission shall be subject to an annual 25
financial review by a certified or licensed public accountant, and 26
the report of the financial review shall be included in and become 27
part of the annual report of the Commission. 28
F. The Executive Board. 29
21
EMR H03505'25_HB4935_APH_1 f9kva6
1. The Executive Board shall have the power to act on behalf 1
of the Commission according to the terms of this Compact. The 2
powers, duties, and responsibilities of the Executive Board shall 3
include: 4
a. Overseeing the day-to-day activities of the administration 5
of the Compact including compliance with the provisions of the 6
Compact, the Commission's Rules and bylaws; 7
b. Recommending to the Commission changes to the Rules or 8
bylaws, changes to this Compact legislation, fees charged to 9
Compact Participating States, fees charged to Licensees, and other 10
fees; 11
c. Ensuring Compact administration services are appropriately 12
provided, including by contract; 13
d. Preparing and recommending the budget; 14
e. Maintaining financial records on behalf of the Commission; 15
f. Monitoring Compact compliance of Participating States and 16
providing compliance reports to the Commission; 17
g. Establishing additional committees as necessary; 18
h. Exercising the powers and duties of the Commission during 19
the interim between Commission meetings, except for adopting or 20
amending Rules, adopting or amending bylaws, and exercising any 21
other powers and duties expressly reserved to the Commission by 22
Rule or bylaw; 23
i. Other duties as provided in the Rules or bylaws of the 24
Commission. 25
2. The Executive Board shall be composed of up to seven (7) 26
members: 27
a. The Chair, Vice Chair, Secretary and Treasurer of the 28
Commission and any other members of the Commission who serve on the 29
22
EMR H03505'25_HB4935_APH_1 f9kva6
Executive Board shall be voting members of the Executive Board; 1
b. Other than the Chair, Vice Chair, Secretary, and Treasurer, 2
the Commission may elect up to three (3) voting members from the 3
current membership of the Commission. 4
3. The Commission may remove any member of the Executive Board 5
as provided in the Commission's bylaws. 6
4. The Executive Board shall meet at least annually. 7
a. An Executive Board meeting at which it takes or intends to 8
take formal action on a matter shall be open to the public, except 9
that the Executive Board may meet in a closed, non-public session 10
of a public meeting when dealing with any of the matters covered 11
under subsection D. 12
b. The Executive Board shall give five (5) business days' 13
notice of its public meetings, posted on its website and as it may 14
otherwise determine to provide notice to persons with an interest 15
in the public matters the Executive Board intends to address at 16
those meetings. 17
5. The Executive Board may hold an emergency meeting when 18
acting for the Commission to: 19
a. Meet an imminent threat to public health, safety, or 20
welfare; 21
b. Prevent a loss of Commission or Participating State funds; 22
c. Protect public health and safety. 23
G. Qualified Immunity, Defense, and Indemnification. 24
1. The members, officers, executive director, employees and 25
representatives of the Commission shall be immune from suit and 26
liability, both personally and in their official capacity, for any 27
claim for damage to or loss of property or personal injury or other 28
civil liability caused by or arising out of any actual or alleged 29
23
EMR H03505'25_HB4935_APH_1 f9kva6
act, error, or omission that occurred, or that the person against 1
whom the claim is made had a reasonable basis for believing 2
occurred within the scope of Commission employment, duties or 3
responsibilities; provided that nothing in this paragraph shall be 4
construed to protect any such person from suit or liability for any 5
damage, loss, injury, or liability caused by the intentional or 6
willful or wanton misconduct of that person. The procurement of 7
insurance of any type by the Commission shall not in any way 8
compromise or limit the immunity granted hereunder. 9
2. The Commission shall defend any member, officer, executive 10
director, employee, and representative of the Commission in any 11
civil action seeking to impose liability arising out of any actual 12
or alleged act, error, or omission that occurred within the scope 13
of Commission employment, duties, or responsibilities, or as 14
determined by the Commission that the person against whom the claim 15
is made had a reasonable basis for believing occurred within the 16
scope of Commission employment, duties, or responsibilities; 17
provided that nothing herein shall be construed to prohibit that 18
person from retaining their own counsel at their own expense; and 19
provided further, that the actual or alleged act, error, or 20
omission did not result from that person's intentional or willful 21
or wanton misconduct. 22
3. Notwithstanding subsection G.1 of this section, should any 23
member, officer, executive director, employee, or representative of 24
the Commission be held liable for the amount of any settlement or 25
judgment arising out of any actual or alleged act, error, or 26
omission that occurred within the scope of that individual's 27
employment, duties, or responsibilities for the Commission, or that 28
the person to whom that individual is liable had a reasonable basis 29
24
EMR H03505'25_HB4935_APH_1 f9kva6
for believing occurred within the scope of the individual's 1
employment, duties, or responsibilities for the Commission, the 2
Commission shall indemnify and hold harmless such individual, 3
provided that the actual or alleged act, error, or omission did not 4
result from the intentional or willful or wanton misconduct of the 5
individual. 6
4. Nothing herein shall be construed as a limitation on the 7
liability of any Licensee for professional malpractice or 8
misconduct, which shall be governed solely by any other applicable 9
State laws. 10
5. Nothing in this Compact shall be interpreted to waive or 11
otherwise abrogate a Participating State's state action immunity or 12
state action affirmative defense with respect to antitrust claims 13
under the Sherman Act, Clayton Act, or any other State or federal 14
antitrust or anticompetitive law or regulation. 15
6. Nothing in this Compact shall be construed to be a waiver 16
of sovereign immunity by the Participating States or by the 17
Commission. 18
SECTION 8. DATA SYSTEM 19
A. The Commission shall provide for the development, 20
maintenance, operation, and utilization of a coordinated database 21
and reporting system containing licensure, Adverse Action, and the 22
presence of Significant Investigative Information on all Licensees 23
and applicants for a License in Participating States. 24
B. Notwithstanding any other provision of State law to the 25
contrary, a Participating State shall submit a uniform data set to 26
the Data System on all individuals to whom this Compact is 27
applicable as required by the Rules of the Commission, including: 28
1. Identifying information; 29
25
EMR H03505'25_HB4935_APH_1 f9kva6
2. Licensure data; 1
3. Adverse Actions against a Licensee, License applicant or 2
Compact Privilege and information related thereto; 3
4. Non-confidential information related to Alternative Program 4
participation, the beginning and ending dates of such 5
participation, and other information related to such participation; 6
5. Any denial of an application for licensure, and the 7
reason(s) for such denial, (excluding the reporting of any criminal 8
history record information where prohibited by law); 9
6. The presence of Significant Investigative Information; 10
7. Other information that may facilitate the administration of 11
this Compact or the protection of the public, as determined by the 12
Rules of the Commission. 13
C. The records and information provided to a Participating 14
State pursuant to this Compact or through the Data System, when 15
certified by the Commission or an agent thereof, shall constitute 16
the authenticated business records of the Commission, and shall be 17
entitled to any associated hearsay exception in any relevant 18
judicial, quasi-judicial or administrative proceedings in a 19
Participating State. 20
D. Significant Investigative Information pertaining to a 21
Licensee in any Participating State will only be available to other 22
Participating States. 23
E. It is the responsibility of the Participating States to 24
monitor the database to determine whether Adverse Action has been 25
taken against a Licensee or License applicant. Adverse Action 26
information pertaining to a Licensee or License applicant in any 27
Participating State will be available to any other Participating 28
State. 29
26
EMR H03505'25_HB4935_APH_1 f9kva6
F. Participating States contributing information to the Data 1
System may designate information that may not be shared with the 2
public without the express permission of the contributing State. 3
G. Any information submitted to the Data System that is 4
subsequently expunged pursuant to federal law or the laws of the 5
Participating State contributing the information shall be removed 6
from the Data System. 7
SECTION 9. RULE MAKING 8
A. The Commission shall promulgate reasonable Rules in order 9
to effectively and efficiently implement and administer the 10
purposes and provisions of the Compact. A Commission Rule shall be 11
invalid and have no force or effect only if a court of competent 12
jurisdiction holds that the Rule is invalid because the Commission 13
exercised its rulemaking authority in a manner that is beyond the 14
scope and purposes of the Compact, or the powers granted hereunder, 15
or based upon another applicable standard of review. 16
B. The Rules of the Commission shall have the force of law in 17
each Participating State, provided however that where the Rules of 18
the Commission conflict with the laws of the Participating State 19
that establish the Participating State's Scope of Practice as held 20
by a court of competent jurisdiction, the Rules of the Commission 21
shall be ineffective in that State to the extent of the conflict. 22
C. The Commission shall exercise its Rulemaking powers 23
pursuant to the criteria set forth in this section and the Rules 24
adopted thereunder. Rules shall become binding as of the date 25
specified by the Commission for each Rule. 26
D. If a majority of the legislatures of the Participating 27
States rejects a Commission Rule or portion of a Commission Rule, 28
by enactment of a statute or resolution in the same manner used to 29
27
EMR H03505'25_HB4935_APH_1 f9kva6
adopt the Compact, within four (4) years of the date of adoption of 1
the Rule, then such Rule shall have no further force and effect in 2
any Participating State or to any State applying to participate in 3
the Compact. 4
E. Rules shall be adopted at a regular or special meeting of 5
the Commission. 6
F. Prior to adoption of a proposed Rule, the Commission shall 7
hold a public hearing and allow persons to provide oral and written 8
comments, data, facts, opinions, and arguments. 9
G. Prior to adoption of a proposed Rule by the Commission, and 10
at least thirty (30) days in advance of the meeting at which the 11
Commission will hold a public hearing on the proposed Rule, the 12
Commission shall provide a Notice of Proposed Rulemaking: 13
1. On the website of the Commission or other publicly 14
accessible platform; 15
2. To persons who have requested notice of the Commission's 16
notices of proposed Rulemaking; and 17
3. In such other way(s) as the Commission may by Rule specify. 18
H. The Notice of Proposed Rulemaking shall include: 19
1. The time, date, and location of the public hearing at which 20
the Commission will hear public comments on the proposed Rule and, 21
if different, the time, date, and location of the meeting where the 22
Commission will consider and vote on the proposed Rule; 23
2. If the hearing is held via telecommunication, video 24
conference, or other electronic means, the Commission shall include 25
the mechanism for access to the hearing in the Notice of Proposed 26
Rulemaking; 27
3. The text of the proposed Rule and the reason therefor; 28
4. A request for comments on the proposed Rule from any 29
28
EMR H03505'25_HB4935_APH_1 f9kva6
interested person; 1
5. The manner in which interested persons may submit written 2
comments. 3
I. All hearings will be recorded. A copy of the recording and 4
all written comments and documents received by the Commission in 5
response to the proposed Rule shall be available to the public. 6
J. Nothing in this section shall be construed as requiring a 7
separate hearing on each Commission Rule. Rules may be grouped for 8
the convenience of the Commission at hearings required by this 9
section. 10
K. The Commission shall, by majority vote of all 11
Commissioners, take final action on the proposed Rule based on the 12
rulemaking record. 13
1. The Commission may adopt changes to the proposed Rule 14
provided the changes do not enlarge the original purpose of the 15
proposed Rule. 16
2. The Commission shall provide an explanation of the reasons 17
for substantive changes made to the proposed Rule as well as 18
reasons for substantive changes not made that were recommended by 19
commenters. 20
3. The Commission shall determine a reasonable effective date 21
for the Rule. Except for an emergency as provided in subsection L, 22
the effective date of the Rule shall be no sooner than thirty (30) 23
days after the Commission issuing the notice that it adopted or 24
amended the Rule. 25
L. Upon determination that an emergency exists, the Commission 26
may consider and adopt an emergency Rule with 24 hours' notice, 27
with opportunity to comment, provided that the usual rulemaking 28
procedures provided in the Compact and in this section shall be 29
29
EMR H03505'25_HB4935_APH_1 f9kva6
retroactively applied to the Rule as soon as reasonably possible, 1
in no event later than ninety (90) days after the effective date of 2
the Rule. For the purposes of this provision, an emergency Rule is 3
one that must be adopted immediately in order to: 4
1. Meet an imminent threat to public health, safety, or 5
welfare; 6
2. Prevent a loss of Commission or Participating State funds; 7
3. Meet a deadline for the promulgation of a Rule that is 8
established by federal law or rule; 9
4. Protect public health and safety. 10
M. The Commission or an authorized committee of the Commission 11
may direct revisions to a previously adopted Rule for purposes of 12
correcting typographical errors, errors in format, errors in 13
consistency, or grammatical errors. Public notice of any revisions 14
shall be posted on the website of the Commission. The revision 15
shall be subject to challenge by any person for a period of thirty 16
(30) days after posting. The revision may be challenged only on 17
grounds that the revision results in a material change to a Rule. A 18
challenge shall be made in writing and delivered to the Commission 19
prior to the end of the notice period. If no challenge is made, the 20
revision will take effect without further action. If the revision 21
is challenged, the revision may not take effect without the 22
approval of the Commission. 23
N. No Participating State's rulemaking requirements shall 24
apply under this Compact. 25
SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 26
A. Oversight. 27
1. The executive and judicial branches of State government in 28
each Participating State shall enforce this Compact and take all 29
30
EMR H03505'25_HB4935_APH_1 f9kva6
actions necessary and appropriate to implement the Compact. 1
2. Venue is proper and judicial proceedings by or against the 2
Commission shall be brought solely and exclusively in a court of 3
competent jurisdiction where the principal office of the Commission 4
is located. The Commission may waive venue and jurisdictional 5
defenses to the extent it adopts or consents to participate in 6
alternative dispute resolution proceedings. Nothing herein shall 7
affect or limit the selection or propriety of venue in any action 8
against a Licensee for professional malpractice, misconduct or any 9
such similar matter. 10
3. The Commission shall be entitled to receive service of 11
process in any proceeding regarding the enforcement or 12
interpretation of the Compact or Commission Rule and shall have 13
standing to intervene in such a proceeding for all purposes. 14
Failure to provide the Commission service of process shall render a 15
judgment or order void as to the Commission, this Compact, or 16
promulgated Rules. 17
B. Default, Technical Assistance, and Termination. 18
1. If the Commission determines that a Participating State has 19
defaulted in the performance of its obligations or responsibilities 20
under this Compact or the promulgated Rules, the Commission shall 21
provide written notice to the defaulting State. The notice of 22
default shall describe the default, the proposed means of curing 23
the default, and any other action that the Commission may take, and 24
shall offer training and specific technical assistance regarding 25
the default. 26
2. The Commission shall provide a copy of the notice of 27
default to the other Participating States. 28
C. If a State in default fails to cure the default, the 29
31
EMR H03505'25_HB4935_APH_1 f9kva6
defaulting State may be terminated from the Compact upon an 1
affirmative vote of a majority of the Commissioners, and all 2
rights, privileges and benefits conferred on that State by this 3
Compact may be terminated on the effective date of termination. A 4
cure of the default does not relieve the offending State of 5
obligations or liabilities incurred during the period of default. 6
D. Termination of participation in the Compact shall be 7
imposed only after all other means of securing compliance have been 8
exhausted. Notice of intent to suspend or terminate shall be given 9
by the Commission to the governor, the majority and minority 10
leaders of the defaulting State's legislature, the defaulting 11
State's State Licensing Authority or Authorities, as applicable, 12
and each of the Participating States' State Licensing Authority or 13
Authorities, as applicable. 14
E. A State that has been terminated is responsible for all 15
assessments, obligations, and liabilities incurred through the 16
effective date of termination, including obligations that extend 17
beyond the effective date of termination. 18
F. Upon the termination of a State's participation in this 19
Compact, that State shall immediately provide notice to all 20
Licensees of the State, including Licensees of other Participating 21
States issued a Compact Privilege to practice within that State, of 22
such termination. The terminated State shall continue to recognize 23
all Compact Privileges then in effect in that State for a minimum 24
of one hundred eighty (180) days after the date of said notice of 25
termination. 26
G. The Commission shall not bear any costs related to a State 27
that is found to be in default or that has been terminated from the 28
Compact, unless agreed upon in writing between the Commission and 29
32
EMR H03505'25_HB4935_APH_1 f9kva6
the defaulting State. 1
H. The defaulting State may appeal the action of the 2
Commission by petitioning the United States District Court for the 3
District of Columbia or the federal district where the Commission 4
has its principal offices. The prevailing party shall be awarded 5
all costs of such litigation, including reasonable attorney's fees. 6
I. Dispute Resolution. 7
1. Upon request by a Participating State, the Commission shall 8
attempt to resolve disputes related to the Compact that arise among 9
Participating States and between Participating States and non-10
Participating States. 11
2. The Commission shall promulgate a Rule providing for both 12
mediation and binding dispute resolution for disputes as 13
appropriate. 14
J. Enforcement. 15
1. The Commission, in the reasonable exercise of its 16
discretion, shall enforce the provisions of this Compact and the 17
Commission's Rules. 18
2. By majority vote, the Commission may initiate legal action 19
against a Participating State in default in the United States 20
District Court for the District of Columbia or the federal district 21
where the Commission has its principal offices to enforce 22
compliance with the provisions of the Compact and its promulgated 23
Rules. The relief sought may include both injunctive relief and 24
damages. In the event judicial enforcement is necessary, the 25
prevailing party shall be awarded all costs of such litigation, 26
including reasonable attorney's fees. The remedies herein shall not 27
be the exclusive remedies of the Commission. The Commission may 28
pursue any other remedies available under federal or the defaulting 29
33
EMR H03505'25_HB4935_APH_1 f9kva6
Participating State's law. 1
3. A Participating State may initiate legal action against the 2
Commission in the United States District Court for the District of 3
Columbia or the federal district where the Commission has its 4
principal offices to enforce compliance with the provisions of the 5
Compact and its promulgated Rules. The relief sought may include 6
both injunctive relief and damages. In the event judicial 7
enforcement is necessary, the prevailing party shall be awarded all 8
costs of such litigation, including reasonable attorney's fees. 9
4. No individual or entity other than a Participating State 10
may enforce this Compact against the Commission. 11
SECTION 11. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT 12
A. The Compact shall come into effect on the date on which the 13
Compact statute is enacted into law in the seventh Participating 14
State. 15
1. On or after the effective date of the Compact, the 16
Commission shall convene and review the enactment of each of the 17
States that enacted the Compact prior to the Commission convening 18
("Charter Participating States") to determine if the statute 19
enacted by each such Charter Participating State is materially 20
different than the Model Compact. 21
a. A Charter Participating State whose enactment is found to 22
be materially different from the Model Compact shall be entitled to 23
the default process set forth in Section 10. 24
b. If any Participating State is later found to be in default, 25
or is terminated or withdraws from the Compact, the Commission 26
shall remain in existence and the Compact shall remain in effect 27
even if the number of Participating States should be less than 28
seven (7). 29
34
EMR H03505'25_HB4935_APH_1 f9kva6
2. Participating States enacting the Compact subsequent to the 1
Charter Participating States shall be subject to the process set 2
forth in Section 7.C.23 to determine if their enactments are 3
materially different from the Model Compact and whether they 4
qualify for participation in the Compact. 5
3. All actions taken for the benefit of the Commission or in 6
furtherance of the purposes of the administration of the Compact 7
prior to the effective date of the Compact or the Commission coming 8
into existence shall be considered to be actions of the Commission 9
unless specifically repudiated by the Commission. 10
4. Any State that joins the Compact subsequent to the 11
Commission's initial adoption of the Rules and bylaws shall be 12
subject to the Commission's Rules and bylaws as they exist on the 13
date on which the Compact becomes law in that State. Any Rule that 14
has been previously adopted by the Commission shall have the full 15
force and effect of law on the day the Compact becomes law in that 16
State. 17
B. Any Participating State may withdraw from this Compact by 18
enacting a statute repealing that State's enactment of the Compact. 19
1. A Participating State's withdrawal shall not take effect 20
until one hundred eighty (180) days after enactment of the 21
repealing statute. 22
2. Withdrawal shall not affect the continuing requirement of 23
the withdrawing State's Licensing Authority or Authorities to 24
comply with the investigative and Adverse Action reporting 25
requirements of this Compact prior to the effective date of 26
withdrawal. 27
3. Upon the enactment of a statute withdrawing from this 28
Compact, the State shall immediately provide notice of such 29
35
EMR H03505'25_HB4935_APH_1 f9kva6
withdrawal to all Licensees within that State. Notwithstanding any 1
subsequent statutory enactment to the contrary, such withdrawing 2
State shall continue to recognize all Compact Privileges to 3
practice within that State granted pursuant to this Compact for a 4
minimum of one hundred eighty (180) days after the date of such 5
notice of withdrawal. 6
C. Nothing contained in this Compact shall be construed to 7
invalidate or prevent any licensure agreement or other cooperative 8
arrangement between a Participating State and a non-Participating 9
State that does not conflict with the provisions of this Compact. 10
D. This Compact may be amended by the Participating States. No 11
amendment to this Compact shall become effective and binding upon 12
any Participating State until it is enacted into the laws of all 13
Participating States. 14
SECTION 12. CONSTRUCTION AND SEVERABILITY 15
A. This Compact and the Commission's rulemaking authority 16
shall be liberally construed so as to effectuate the purposes, and 17
the implementation and administration of the Compact. Provisions of 18
the Compact expressly authorizing or requiring the promulgation of 19
Rules shall not be construed to limit the Commission's rulemaking 20
authority solely for those purposes. 21
B. The provisions of this Compact shall be severable and if 22
any phrase, clause, sentence or provision of this Compact is held 23
by a court of competent jurisdiction to be contrary to the 24
constitution of any Participating State, a State seeking 25
participation in the Compact, or of the United States, or the 26
applicability thereof to any government, agency, person or 27
circumstance is held to be unconstitutional by a court of competent 28
jurisdiction, the validity of the remainder of this Compact and the 29
36
EMR H03505'25_HB4935_APH_1 f9kva6
applicability thereof to any other government, agency, person or 1
circumstance shall not be affected thereby. 2
C. Notwithstanding subsection B of this section, the 3
Commission may deny a State's participation in the Compact or, in 4
accordance with the requirements of Section 10.B, terminate a 5
Participating State's participation in the Compact, if it 6
determines that a constitutional requirement of a Participating 7
State is a material departure from the Compact. Otherwise, if this 8
Compact shall be held to be contrary to the constitution of any 9
Participating State, the Compact shall remain in full force and 10
effect as to the remaining Participating States and in full force 11
and effect as to the Participating State affected as to all 12
severable matters. 13
SECTION 13. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS 14
A. Nothing herein shall prevent or inhibit the enforcement of 15
any other law of a Participating State that is not inconsistent 16
with the Compact. 17
B. Any laws, statutes, regulations, or other legal 18
requirements in a Participating State in conflict with the Compact 19
are superseded to the extent of the conflict. 20
C. All permissible agreements between the Commission and the 21
Participating States are binding in accordance with their terms. 22
(2) Subsection (1) may be known as the "dentist and dental 23
hygienist compact". 24
Sec. 16601. (1) As used in this part: 25
(a) "Assignment" means that a dentist has designated a patient 26
of record on whom services are to be performed and has described 27
the procedures to be performed. The dentist need not be physically 28
present in the office or in the treatment room at the time the 29
37
EMR H03505'25_HB4935_APH_1 f9kva6
procedures are being performed. 1
(b) "Dental laboratory" means a dental workroom that is 2
operated as a part of a dental office or otherwise, by a person, 3
other than a dentist, who that is engaged in, or holds himself, 4
herself, oneself or itself out as being directly or indirectly 5
engaged in, constructing, repairing, or altering prosthetic 6
dentures, bridges, orthodontic or other appliances, or structures 7
to be used as substitutes for or as a part of human teeth or jaws 8
or associated structures, or for the correction of malocclusions or 9
deformities. 10
(c) "Dentist" means an individual who is licensed or otherwise 11
authorized under this article to engage in the practice of 12
dentistry. 13
(d) "Practice of dentistry" means the diagnosis, treatment, 14
prescription, or operation for a disease, pain, deformity, 15
deficiency, injury, or physical condition of the human tooth, 16
teeth, alveolar process, gums or jaws, or their dependent tissues, 17
or an offer, undertaking, attempt to do, or holding oneself out as 18
able to do any of these acts. 19
(e) "Practice as a dental assistant" means assistance in the 20
clinical practice of dentistry based on formal education, 21
specialized knowledge, and skill at the assignment and under the 22
supervision of a dentist. 23
(f) "Practice as a dental hygienist" means practice at the 24
assignment of a dentist in that specific area of dentistry based on 25
specialized knowledge, formal education, and skill with particular 26
emphasis on preventive services and oral health education. 27
(g) "Practice as a dental therapist" means providing any of 28
the care and services, and performing any of the duties, described 29
38
Final Page
EMR H03505'25_HB4935_APH_1 f9kva6
in section 16656. 1
(2) In addition, article 1 contains general definitions and 2
principles of construction applicable to all articles in this code 3
and part 161 contains definitions applicable to this part. 4
Sec. 16611a. (1) An individual who holds a compact privilege 5
to practice as a dentist under the dentist and dental hygienist 6
compact is authorized to engage in the practice of dentistry under 7
this article. For purposes of this article, including the 8
obligations of an individual who is licensed as a dentist, an 9
individual who holds a compact privilege to practice as a dentist 10
under the dentist and dental hygienist compact is considered a 11
dentist who is licensed under this part. 12
(2) An individual who holds a compact privilege to practice as 13
a dental hygienist under the dentist and dental hygienist compact 14
is authorized to engage in the practice as a dental hygienist under 15
this article. For purposes of this article, including the 16
obligations of an individual who is licensed as a dental hygienist, 17
an individual who holds a compact privilege to practice as a dental 18
hygienist under the dentist and dental hygienist compact is 19
considered a dental hygienist who is licensed under this part. 20
(3) As used in this section, "dentist and dental hygienist 21
compact" means the dentist and dental hygienist compact as enacted 22
in section 16187b. 23