Interstate Dental and Dental Hygiene Licensure Compact; enact.

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To: Public Health and
Welfare
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Hickman, Gillespie Isom,
Simmons (13th)

SENATE BILL NO. 2543

AN ACT TO ENACT INTO LAW THE INTERSTATE DENTAL AND DENTAL 1
HYGIENE LICENSURE COMPACT AND PROVIDE THAT THE STATE OF 2
MISSISSIPPI ENTERS THE COMPACT WITH OTHER STATES AND JURISDICTIONS 3
THAT JOIN IN THE COMPACT; TO PROVIDE THAT THE PURPOSE OF THE 4
COMPACT IS TO EXPEDITE LICENSURE AND INCREASE ACCESS TO DENTAL 5
HEALTH CARE THROUGH LICENSURE BOARDS ACTING IN COOPERATION; TO 6
DEFINE TERMS; TO CREATE A COMPACT AND COMMISSION; TO SET FORTH 7
DUTIES OF COMPACT MEMBER STATES AND POWERS AND DUTIES OF THE 8
COMMISSION; TO SET FORTH APPLICATION AND ELIGIBILITY REQUIREMENTS 9
AND MATTERS RELATED TO COMPACT LICENSE PRIVILEGE ISSUANCE; TO 10
PROVIDE FOR JURISDICTION OVER COMPACT LICENSE PRIVILEGE HOLDERS, 11
FEES, MILITARY WAIVER, INVESTIGATIONS, INFORMATION REQUESTS, 12
RULEMAKING FUNCTIONS OF THE COMMISSION, COMPACT OVERSIGHT, 13
ENFORCEMENT AND PROCEDURES, DISPUTE RESOLUTION, MEMBER STATE 14
ELIGIBILITY, EFFECTIVE DATE OF THE COMPACT, WITHDRAWAL, COMPACT 15
DISSOLUTION, SEVERABILITY AND CONSTRUCTION OF THE COMPACT 16
PROVISIONS, BINDING EFFECT OF THE COMPACT AND RULES OF ORDER TO BE 17
APPLIED AT MEETINGS; TO AMEND SECTIONS 73-9-1, 73-9-23, 73-9-35 18
AND 73-9-41, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE 19
PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES. 20
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 21
SECTION 1. The Interstate Dental and Dental Hygiene 22
Licensure Compact is enacted into law and entered into by this 23
state with any and all states and other jurisdictions legally 24
joining in the compact in accordance with its terms, in the form 25
substantially as follows: 26
INTERSTATE DENTAL AND DENTAL HYGIENE LICENSURE COMPACT 27
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SECTION 2. 28
PURPOSE 29
(1) This compact shall be known as the "Interstate Dental 30
and Dental Hygiene Licensure Compact," and the purpose of the 31
compact is to expedite licensure and increase access to dental 32
health care through licensure boards acting in cooperation. The 33
compact adopts the existing structures most utilized by dental 34
boards across the United States, while ensuring the safety of the 35
public through the sharing of documents and information. This 36
compact ensures that each state retains the right to impose an 37
adverse action on a licensee as a home state or as a practicing 38
state. Each state has an opportunity to share investigations and 39
information with the home state of licensure. The compact is 40
operated by state dental board members, administrators and other 41
staff, thus allowing for each state to maintain its sovereignty. 42
(2) The compact: 43
(a) Allows for expedited licensure portability and ease 44
of movement of licensees between states; 45
(b) Allows each state to continue to regulate the 46
practice of dentistry and dental hygiene within its borders; 47
(c) Creates a common goal of protecting the public by 48
ensuring a uniform licensure standard and sharing of information 49
in the compact; 50
(d) Allows for licensure in every participating state 51
by requiring passage of the uniform licensure examination that 52
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assesses psychomotor and cognitive dental skills and is currently 53
accepted in fifty (50) state licensing jurisdictions and United 54
States territories; 55
(e) Gives licensees one (1) location to maintain 56
professional documentation to expedite license transfers in 57
states, hospitals or institutional credentialing; 58
(f) Facilitates a faster licensure process for 59
relocation or separation of military members and their dependent 60
spouses; there are no compact fees for military members or their 61
spouses; 62
(g) Alleviates a duplicative process for licensure 63
among multiple states; and 64
(h) Saves applicants money by not having to obtain 65
duplicate documents from a source that charges for the documents. 66
SECTION 3. 67
DEFINITIONS 68
As used in this compact, and except where otherwise provided, 69
the following definitions shall apply: 70
(1) "AADB" means the American Association of Dental Boards 71
(AADB) or its named successor, formerly known as the American 72
Association of Dental Examiners (AADE), originally chartered on 73
September 10th, 1896, and renewed in 1944, comprised of state 74
dental boards in the United States and its territories. 75
(2) "Attorneys' committee" means the committee of attorneys 76
who currently represents a member state dental board. The 77
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attorneys' committee shall designate one of its members to 78
participate in the commission as a nonvoting member. An attorney 79
that has previously served as an attorney for a member state 80
dental board may be invited on a year-to-year basis to serve on 81
the attorneys' committee if he or she has not engaged in an 82
official case against a state dental board or does not have any 83
other conflict of interest. The attorneys' committee may assist 84
the investigators in working through joint investigation issues 85
between states. 86
(3) "Active duty military person or spouse" means a licensee 87
in full-time active duty status in the active uniformed services 88
of the United States, including members of the National Guard and 89
Reserves. The legal spouse of the military member must be 90
recognized by the military unit as a dependent while the service 91
member is on active duty. Spouses shall receive the same 92
privileges as military members for the purpose of this compact. 93
(4) "Active investigation" means an active investigation 94
potentially resulting in formal allegations or charges 95
precipitating a judicial process by a state dental board, 96
oversight agency, or other law enforcement entity. 97
(5) "Adverse action" means an order issued by a state dental 98
board or reported to the clearinghouse pursuant to the 99
commission's bylaws and rules that disciplines a licensee. 100
Adverse action includes, and is not limited to, the suspension, 101
limiting, or revocation of a license or compact license privilege; 102
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the imposition of fees and sanctions; and any temporary emergency 103
order that may be later withdrawn by a board. 104
(6) "ADEX examination" means the initial licensure 105
examinations developed by the American Board of Dental Examiners, 106
Inc., or its successor. 107
(7) "Bylaws" means the bylaws passed by the commission or 108
its named successor commission. 109
(8) "Clearinghouse" means the clearinghouse and databank 110
that houses prior adverse action documentations, orders and 111
denials of licensure or permits from state dental boards that is 112
administered by the AADB or its successor. 113
(9) "CODA" means the Commission on Dental Accreditation or 114
its successor as approved by the United States Department of 115
Education. 116
(10) "Commission" means the Interstate Dental and Dental 117
Hygiene Compact Licensure Commission created pursuant to Section 3 118
of this act. 119
(11) "Commissioners" means the two (2) members chosen by 120
each member state dental board to serve as the voting members of 121
the commission. 122
(12) "Compact" means the Interstate Dental and Dental 123
Hygiene Licensure Compact created pursuant to Section 3 of this 124
act. 125
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(13) "Compact license privilege" means the expedited dental 126
or dental hygiene license to practice in a member state that is 127
not the licensee's home state. 128
(14) "Conviction" means an adjudication or formal judgment 129
by a court that an individual is guilty through a plea of guilty 130
or no contest, or a finding of guilt by the court. Evidence of a 131
conviction of a criminal offense by the court shall be considered 132
final for the purposes of considering or imposing disciplinary 133
action by a member state dental board. 134
(15) "Criminal background check" means a criminal background 135
check using the results of fingerprint or other biometric data 136
checks compliant with the requirements of the Federal Bureau of 137
Investigation, with the exception of federal employees who have 138
suitability determination in accordance with 5 CFR 731.202. 139
(16) "Dental hygienist" means any person who: 140
(a) Has successfully graduated from a CODA-approved 141
dental hygiene school; 142
(b) Has successfully passed the ADEX Dental Hygiene 143
Licensure Examination; or has been in practice five (5) years or 144
more and has successfully passed a regional board examination or 145
equivalent state-administered psychomotor licensure examination 146
prior to January 1, 2024; 147
(c) Has successfully passed the written national dental 148
hygiene board examination administered by the Joint Commission on 149
National Dental Examinations; 150
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(d) Possesses a full and unrestricted dental hygiene 151
license issued by a member state; 152
(e) Has never been convicted or received adjudication, 153
deferred adjudication, community supervision or deferred 154
disposition for any offense (other than traffic offenses) by a 155
court of appropriate jurisdiction; 156
(f) Has never been a subject of discipline by a 157
licensing agency through any adverse action, order, or other 158
restriction of the licensee by a licensing agency, with the 159
exception of failure to pay fees or failure to complete continuing 160
education; 161
(g) Is not currently under active investigation by a 162
licensing agency or law enforcement authority in any state, 163
federal or foreign jurisdiction; and 164
(h) Meets any jurisprudence requirement established by 165
a member state dental board of a member state in which a licensee 166
is seeking a compact license privilege. 167
(17) "Dental practice act" means the laws and regulations 168
governing the practice of dentistry within a member state. 169
(18) "Dentist" means any person who: 170
(a) Has successfully graduated from a CODA-approved 171
dental school; 172
(b) Has successfully passed the ADEX Dental Licensure 173
Exam; or has been in practice five (5) years or more and has 174
successfully passed a regional board examination or equivalent 175
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state-administered psychomotor licensure examination prior to 176
January 1, 2024; 177
(c) Has successfully passed the written National Dental 178
Board Exam administered by the Joint Commission on National Dental 179
Examinations; 180
(d) Possesses a full and unrestricted dental license 181
issued by a member state dental board; 182
(e) Has never been convicted or received adjudication, 183
deferred adjudication, community supervision, or deferred 184
disposition for any offense (other than traffic offenses) by a 185
court of appropriate jurisdiction; 186
(f) Has never been a subject of discipline by a 187
licensing agency through any adverse action, order, or other 188
restriction of the licensee by a licensing agency, with the 189
exception of failure to pay fees or failure to complete continuing 190
education; 191
(g) Has never had a state or federal drug registration, 192
permit, or license restricted, suspended, or revoked by the United 193
States Drug Enforcement Administration or any licensing agency 194
that oversees scheduled drug registrations; 195
(h) Is not currently under active investigation by a 196
licensing agency or law enforcement authority in any state, 197
federal or foreign jurisdiction; and 198
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(i) Meets any jurisprudence requirement established by 199
a member state dental board in which a licensee is seeking a 200
compact license privilege. 201
(19) "Home state" means the state of primary licensure of a 202
licensee. 203
(20) "License" means the authorization by a licensing 204
authority for a dentist or dental hygienist to engage in the 205
unrestricted practice of dentistry or dental hygiene, which would 206
be unlawful without such license. 207
(21) "Licensee" means a dentist or dental hygienist who 208
holds an unrestricted license to practice as a dentist or dental 209
hygienist. 210
(22) "Licensing agency" means the agency or other entity of 211
a state that is responsible for the licensing of dentists and 212
dental hygienists. If a member state dental board has such 213
responsibility, it shall be deemed a licensing agency. 214
(23) "Member state dental board" means a state agency in a 215
member state that protects the public through licensure, 216
regulation, and the education of dentists and dental hygienists, 217
as directed by the state law. All actions taken by a member state 218
dental board shall be under the authority of the laws its state 219
and any other rights conferred under this compact. 220
(24) "Member state" means a state, the District of Colombia 221
or any other United States territory that has enacted the compact. 222
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(25) "Regional board examination" means initial licensure 223
examinations administered by the Western Regional Examining Board 224
(WREB), the North East Regional Board of Dental Examiners (NERB), 225
the Commission on Dental Competency Assessments (CDCA), Council of 226
Interstate Testing Agencies (CITA), Southern Regional Testing 227
Agency (SRTA), or Central Regional Dental Testing Services (CRDTS) 228
that assess psychomotor skills. 229
(26) "Repository" means the repository of original documents 230
of a licensee that may include original transcripts, certification 231
documents, test scores, military training records, previous or 232
current licensing documents and other sources of materials needed 233
for applications and verification administered by the AADB or its 234
successor. The repository shall receive documents from primary or 235
originating sources and/or verify their authenticity. 236
(27) "Scope of practice" means the dental-related procedures 237
that require a license, permit, or training, to undertake the 238
treatment and procedure to be completed on a patient within the 239
member state's requirements. 240
(28) "State" means a state within the United States or a 241
United States Territory. 242
(29) "State jurisprudence" means the knowledge of a member 243
state's laws and rules of dentistry and dental hygiene. 244
SECTION 4. 245
COMPACT AND COMMISSION 246
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(1) The member states hereby create the Interstate Dental 247
and Dental Hygiene Licensure Compact and the commission. Each 248
member state must enact a compact that is not materially different 249
from this compact, as determined by the commission. 250
(2) Each member state dental board shall have two (2) voting 251
members who shall serve as commissioners. Each commissioner shall 252
have one (1) vote. Member states with separate dental and dental 253
hygiene licensing agencies shall appoint one (1) commissioner from 254
each licensing agency. One (1) commissioner shall be a current 255
member of a member state dental board. Commissioners may not 256
delegate votes or vote by proxy; however, if a commissioner is 257
unable to attend, the member state may substitute a commissioner 258
who meets the same requirements. 259
(3) Upon five (5) states joining the compact, the compact 260
shall become active. The commission shall adopt bylaws upon 261
becoming active. 262
(4) The commission shall meet at least once per calendar 263
year (the "annual meeting") and at additional times as necessary 264
pursuant to the bylaws and rules. 265
(5) At each annual meeting, the commission shall elect a 266
chair, vice chair, secretary, and treasurer from the membership of 267
the commission (the "officers"). The officers shall be members of 268
the commission's executive committee (the "executive committee"). 269
The commission shall also elect representatives from four (4) 270
regional districts established by the commission to serve on the 271
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executive committee. All officers and executive committee 272
representatives shall serve one-year terms. 273
(6) Quorum for purposes of conducting business shall be a 274
majority of commissioners attending in person or virtually. 275
(7) The commission shall provide notice of all meetings on 276
its website and in other communications to member state dental 277
boards. 278
(8) A vote of two-thirds (2/3) of the commissioners present 279
shall be required for an executive session to discuss: 280
(a) Items specifically related to participation in a 281
lawsuit or in anticipation of a legal proceeding; 282
(b) Matters specifically exempted from disclosure by 283
federal statute; 284
(c) Information or matters involving law enforcement 285
agencies or information that accuses a person of a crime or a 286
public censure; 287
(d) Discussions that would include information of a 288
personal nature that would constitute an unwarranted invasion of 289
personal privacy; 290
(e) Anything considered internal practices and 291
procedures or a trade secret; 292
(f) Other items described in the commission bylaws 293
allowing for executive sessions to be called; or 294
(g) Advice of legal counsel. 295
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(9) The commission shall keep minutes and make them 296
available to all member states. 297
(10) The commission may establish other committees as 298
needed. 299
(11) The commission shall prepare an annual report that 300
shall be made available to the legislatures and governors of the 301
member states. The annual report shall describe the activities of 302
the commission during the preceding calendar year. Such reports 303
shall also include reports of the annual financial audit and any 304
actions taken by or rules that were adopted by the commission. 305
SECTION 5. 306
DUTIES OF COMPACT MEMBER STATES 307
(1) Member states shall submit to the clearinghouse all 308
member state dental board actions and other documents and data as 309
determined by the commission. 310
(2) Member states shall notify the commission of any adverse 311
action taken by the member state dental board, any active 312
investigation by the member state dental board, any active 313
investigation involving pending criminal charges, or other 314
circumstance as determined by the commission. 315
(3) Any adverse action, order, restriction or denial of a 316
license or permit on a licensee or compact license privilege 317
holder shall be reported to the clearinghouse by the member state 318
dental board. 319
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(4) Member state dental boards may submit to the 320
clearinghouse nonpublic complaints, or disciplinary or 321
investigatory information not required by paragraph (c) of this 322
section. All investigatory material shall be considered 323
confidential and not part of a public record unless otherwise 324
specifically required by state statute. 325
(5) Members states shall accept continuing education credits 326
as required or recognized by any other member state. 327
(6) Documents in the repository shall be treated by a member 328
state as the equivalent of primary or original source documents 329
for licensure. 330
(7) Member states shall accept a standardized application 331
for a compact license privilege. The standardized application 332
shall be established by the rules enacted by the commission. 333
(8) Member states may agree to share information regarding 334
ongoing investigations and actions, including joint investigations 335
between states. All investigatory material shall be considered 336
confidential and not part of a public record unless otherwise 337
specifically required by state statute. 338
(9) As part of the compact enforcement, participating member 339
states may issue subpoenas and seek testimony of witnesses, which 340
subpoenas shall be enforced in other member states and enforced by 341
a court of competent jurisdiction where the witnesses or evidence 342
is located. 343
SECTION 6. 344
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POWERS AND DUTIES OF THE COMMISSION 345
(1) The commission shall have the duty and power to: 346
(a) Oversee and maintain the administration of the 347
compact, including the organizational needs, the financial 348
activities, the hiring of personnel and ongoing activities or 349
needs of the commission; 350
(b) Promulgate bylaws and rules to operate the compact 351
and the commission; 352
(c) Establish a budget and make expenditures; 353
(d) Have an annual financial audit performed by an 354
independent certified public accounting firm; 355
(e) Issue, upon the request of a member state dental 356
board, advisory opinions concerning the meaning or interpretation 357
of the compact and its bylaws, rules, and actions; 358
(f) Enforce compliance with compact provisions, the 359
rules promulgated by the commission, and the bylaws, using all 360
necessary and proper means, including, but not limited to, the use 361
of judicial process; 362
(g) Hold an annual meeting for the commission where the 363
elections of the executive committee and other issues may be 364
discussed and voted on; 365
(h) Establish personnel policies and programs relating 366
to conflicts of interest, and the rates of compensation and 367
qualifications of personnel; 368
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(i) Accept donations and grants of money, equipment, 369
supplies, materials and services, and to receive, utilize and 370
dispose of them in a manner consistent with the 371
conflict-of-interest policies established by the commission; 372
(j) Report annually to the legislatures and governors 373
of the member state dental boards concerning the activities of the 374
commission during the preceding calendar year. Such reports shall 375
also include reports of annual financial audits, all actions of 376
the commission, rules adopted by the commission, and any 377
recommendations by the commission; and 378
(k) Coordinate education, training and public awareness 379
regarding the compact, its implementation, and its operation. 380
(2) The executive committee shall have the power to act on 381
behalf of the commission, with the exception of rulemaking, during 382
periods when the commission is not in session. When acting on 383
behalf of the commission, the executive committee shall oversee 384
the administration of the compact, including enforcement of and 385
compliance with the compact. 386
(3) The officers and employees of the commission shall be 387
immune from suit and liability, either personally or in their 388
official capacity, for a claim for damage to or loss of property 389
or personal injury or other civil liability caused or arising out 390
of, or relating to, an actual or alleged act, error or omission 391
that occurred, or that such person had a reasonable basis for 392
believing occurred, within the scope of commission employment, 393
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duties or responsibilities; provided, that such person shall not 394
be protected from suit or liability for damage, loss, injury or 395
liability caused by the intentional or willful and wanton 396
misconduct of such person. 397
(4) The liability of the executive director and employees of 398
the commission or representatives of the commission, acting within 399
the scope of such person's employment or duties for acts, errors 400
or omissions occurring within such person's state may not exceed 401
the limits of liability set forth under the constitution and laws 402
of that state for state officials, employees and agents. The 403
commission shall be considered to be an instrumentality of the 404
states for the purposes of any such action. Nothing in this 405
subsection shall be construed to protect such person from suit or 406
liability for damage, loss, injury or liability caused by the 407
intentional or willful and wanton misconduct of such person. 408
(5) The commission shall defend the commission's executive 409
director, its employees, and, subject to the approval of the 410
attorney general or other appropriate legal counsel of the member 411
state represented by a commission representative, shall defend 412
such commission representative in any civil action seeking to 413
impose liability arising out of an actual or alleged act, error or 414
omission that occurred within the scope of commission employment, 415
duties or responsibilities, or that the defendant had a reasonable 416
basis for believing occurred within the scope of commission 417
employment, duties or responsibilities, provided that the actual 418
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or alleged act, error or omission did not result from intentional 419
or willful and wanton misconduct on the part of such person. 420
(6) To the extent not covered by the state involved, member 421
state, or the commission, the representatives or employees of the 422
commission shall be held harmless by the commission in the amount 423
of a settlement or judgment, including attorneys' fees and costs, 424
obtained against such persons arising out of an actual or alleged 425
act, error or omission that occurred within the scope of 426
commission employment, duties or responsibilities, or that such 427
persons had a reasonable basis for believing occurred within the 428
scope of commission employment, duties or responsibilities, 429
provided that the actual or alleged act, error or omission did not 430
result from intentional or willful and wanton misconduct on the 431
part of such persons. 432
SECTION 7. 433
APPLICATION, ELIGIBILITY, AND ISSUANCE OF 434
COMPACT LICENSE PRIVILEGE TO A MEMBER STATE 435
(1) A dentist or dental hygienist applying for compact 436
license privileges shall meet the requirements of a dentist as 437
listed in Section 2(r) of this compact or a dental hygienist as 438
listed in Section 2(p) of this compact and hold a current license 439
in a member state under this compact. 440
(2) Each dentist or dental hygienist shall designate a home 441
state of licensure. The home state shall be determined by: 442
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(a) The state of primary residence for the dentist or 443
dental hygienist, where twenty-five percent (25%) of his or her 444
practice within one (1) year occurs. An active-duty military 445
member or his or her spouse may choose a home state as designated 446
with the military but is not required to meet the requirement of 447
twenty-five percent (25%) practice being within his or her home 448
state; or 449
(b) If no state qualifies under paragraph (a) of this 450
subsection (2), then the state that the dentist or dental 451
hygienist listed as his or her state of residence on the previous 452
year's federal tax return. 453
(3) A dentist or dental hygienist may redesignate a home 454
state no more than one (1) time in a calendar year if the 455
qualifications of a home state are met. 456
(4) A dentist or dental hygienist seeking a compact license 457
privilege (the "applicant") shall apply to his or her home state 458
dental board for a letter stating that the applicant is eligible 459
for compact license privileges. 460
(5) The home state dental board shall determine the 461
eligibility of an application for a compact license privilege and 462
shall issue a letter of approval or denial of the application for 463
a compact license privilege. 464
(6) The letter from the applicant's home state dental board 465
approving the application shall be submitted to the member state 466
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dental board for the member state in which the applicant proposes 467
to practice, and shall include: 468
(a) The compact application packet; 469
(b) Authorization to seek access to the applicant's 470
repository documents; 471
(c) Any additional information that may be required by 472
the proposed compact license privilege state; and 473
(d) Any required fees. 474
The member state dental board shall review the application to 475
confirm compliance with the member state's laws and regulations. 476
Following such review, if the member state dental board approves 477
the application, it shall issue a compact license privilege from 478
the proposed member state to the applicant. 479
(7) Appeals of a denial of a compact license privilege 480
application shall be filed with the member state dental board 481
making such determination, and shall be filed within thirty (30) 482
days of the date of the denial. 483
(8) A licensee holding a compact license privilege shall 484
notify the commission within ten (10) business days of any adverse 485
action taken against a licensee held in a state that is not a 486
member state. 487
(9) A compact license privilege may be revoked, suspended or 488
limited by the issuing member state dental board if at any time 489
the licensee's home state license is revoked, suspended or 490
limited. 491
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(10) The commission shall issue rules on the duration of a 492
compact license privilege, the application and renewal process for 493
a compact license privilege, and any application fees. 494
(11) Eligibility or ineligibility to receive a compact 495
license privilege shall not limit the ability of a licensee to 496
seek a state license through the regular process outside of the 497
compact. 498
SECTION 8. 499
JURISDICTION OVER COMPACT LICENSE PRIVILEGE HOLDERS 500
(1) Each licensee holding a compact license privilege shall 501
be subject to and comply with the laws and regulations of the 502
member state in which such licensee practices under a compact 503
license privilege. 504
(2) Each licensee holding a compact license privilege shall 505
be subject to the jurisdiction and authority of the member state 506
dental board of the state in which such licensee practices, as if 507
he or she held a license issued from such member state dental 508
board. Such compact license privilege holder shall be deemed a 509
"licensee" of the member state dental board for purposes of such 510
board taking an adverse action. 511
(3) Each licensee holding a compact license privilege shall 512
list a current address with the commission that shall serve as his 513
or her official address of service. 514
(4) A licensee holding a compact license privilege may have 515
an adverse action taken against him or her by: 516
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(a) The member state dental board of the member state 517
in which he or she is practicing with a compact license privilege; 518
(b) The licensee's home state; or 519
(c) The state licensing authority of a state that is 520
not a member state from which the licensee holds a license. 521
(5) A home state may take an adverse action against the 522
holder of a compact license privilege, regardless of where the 523
actions giving rise to the adverse action occurred. 524
(6) Any member state in which the compact licensee holds a 525
compact license privilege may investigate an allegation of a 526
violation of the laws and rules of the practice of dentistry or 527
dental hygiene in any other state where the compact licensee holds 528
a compact license privilege. 529
SECTION 9. 530
FEES AND MILITARY WAIVER 531
(1) The commission shall issues rules regarding the use of 532
the repository by each holder of a compact license privilege. 533
(2) A member state dental board issuing a compact license 534
privilege authorizing practice in its state may impose a fee for a 535
compact license privilege, for either initial issuance or any 536
renewal. 537
(3) No compact fee shall be required of any active-duty 538
military member and/or his or her spouse up to one (1) year after 539
separation from the service. Each member state issuing a compact 540
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license privilege may waive fees for active-duty military and/or 541
his or her spouse as required by each individual state statute. 542
(4) Active-duty military may transfer military training 543
records to the repository without a fee. 544
SECTION 10. 545
JOINT INVESTIGATIONS AND DISCIPLINARY ACTIONS 546
(1) Each member state shall name a point of contact for 547
joint investigations between member state dental boards. 548
(2) Member state dental boards may participate with other 549
member state dental boards in joint investigations of licensees 550
that are subject to this compact. 551
(3) Member state dental boards may share investigative, 552
litigation or other materials in furtherance of any joint or 553
individual investigation of a compact license privilege holder. 554
(4) A subpoena issued by a member state or member state 555
dental board shall be enforceable in other member states as 556
allowed by law. 557
(5) If a compact license privilege holder has an adverse 558
action taken against him or her by any member state dental board, 559
the compact license privilege holder shall automatically be 560
subject to similar discipline by other member state dental boards. 561
(6) If a compact license privilege holder has an adverse 562
action taken against his or her home state license, including 563
being revoked, surrendered, or relinquished in lieu of discipline 564
or suspended, then automatically all other compact license 565
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privileges shall be placed in the same status. The home state 566
dental board shall notify the commission, and the commission shall 567
issue a notice to all member state dental boards of such adverse 568
action. 569
(7) If discipline or an adverse action is taken against a 570
compact license privilege holder in a member state, the member 571
state board shall notify the commission and the home state of the 572
compact license privilege holder. The home state may deem the 573
action conclusive as a matter of law and fact and may: 574
(a) Impose the same or lesser sanction consistent with 575
the home state's laws; or 576
(b) Pursue separate actions against the compact license 577
privilege holder under its laws, regardless of the sanctions 578
pursued by the member state dental board. 579
SECTION 11. 580
OTHER REQUESTS FOR INFORMATION FROM THE 581
REPOSITORY AND THE CLEARINGHOUSE 582
(1) Insurance companies and entities verifying documents for 583
the purpose of licenses extended to a dentist or dental hygienist 584
may seek information from the clearinghouse for public record 585
documents. 586
(2) A dentist or dental hygienist may submit a request to 587
the commission to allow any hiring employer, entity, or insurance 588
company to access documents from the repository for the purposes 589
of credentialing, licensing or other privileges. 590
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(3) The commission shall set a fee schedule for these 591
services. 592
SECTION 12. 593
RULEMAKING FUNCTIONS OF THE COMMISSION 594
(1) The commission shall promulgate reasonable rules in 595
order to effectively and efficiently implement and achieve the 596
purposes and administration of the compact. Notwithstanding the 597
foregoing, in the event the commission exercises its rulemaking 598
authority in a manner that is beyond the scope of the purposes of 599
the compact or the powers granted hereunder, then such an action 600
by the commission may be determined to be invalid and have no 601
force or effect. 602
(2) Rules validly issued by the commission shall have the 603
force of law in each member state. 604
(3) Rules deemed appropriate for the operations of the 605
commission shall be made pursuant to a rulemaking process that 606
substantially conforms to the Model State Administrative Procedure 607
Act of 2010, and subsequent amendments thereto. 608
SECTION 13. 609
OVERSIGHT OF THE COMPACT 610
(1) The executive, legislative, and judicial branches of 611
state government in each member state shall enforce the compact 612
and shall take all actions necessary and appropriate to effectuate 613
the compact's purposes and intent to allow for expedited licensure 614
for the purpose of mobility. The provisions of the compact and 615
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the rules promulgated hereunder shall have standing as statutory 616
law, but shall not override existing state authority to regulate 617
the practice of dentistry and dental hygiene. 618
(2) All courts may take judicial notice of the compact and 619
the rules in any judicial or administrative proceeding in a member 620
state pertaining to the subject matter of the compact which may 621
affect the powers, responsibilities or actions of the commission. 622
(3) The commission shall be entitled to receive all service 623
of process in any such proceeding and shall have standing to 624
intervene in the proceeding for all purposes. Except where the 625
commission has intervened, failure to provide service of process 626
to the commission shall render a judgment or order void as to the 627
commission, the compact or promulgated rules. 628
SECTION 14. 629
ENFORCEMENT AND DEFAULT PROCEDURES 630
(1) The commission, in the reasonable exercise of its 631
discretion, shall enforce the provisions and rules of the compact. 632
(2) The grounds for default under this compact by a member 633
state include, but are not limited to, failure of a member state 634
to perform such obligations or responsibilities imposed upon it by 635
the compact or by the rules and bylaws of the commission 636
promulgated under the compact. 637
(3) If the commission determines that a member state has 638
defaulted in the performance of its obligations or 639
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responsibilities under the compact, or the bylaws or promulgated 640
rules, the commission shall: 641
(a) Provide written notice to the defaulting state and 642
other member states of the nature of the default, the means of 643
curing the default and any action taken by the commission. The 644
commission shall specify the conditions by which the defaulting 645
state must cure its default; and 646
(b) Provide remedial training and specific technical 647
assistance regarding the default. 648
(4) If the defaulting state fails to cure the default, the 649
defaulting state shall be terminated from the compact upon an 650
affirmative vote of a majority of the commissioners and all 651
rights, privileges and benefits conferred by the compact shall 652
terminate on the effective date of termination. A cure of the 653
default does not relieve the offending state of obligations or 654
liabilities incurred during the period of the default. 655
(5) Termination of membership in the compact shall be 656
imposed only after all other means of securing compliance have 657
been exhausted. Notice of intent to terminate shall be given by 658
the commission to the governor, the majority and minority leaders 659
of the defaulting state's legislature and each of the member 660
states. 661
(6) The commission shall establish rules and procedures to 662
address licenses and compact license privilege holders that are 663
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materially impacted by the termination of a member state or the 664
withdrawal of a member state. 665
(7) The commission shall not bear any costs relating to any 666
state that has been found to be in default or which has been 667
terminated from the compact, unless otherwise mutually agreed upon 668
in writing between the commission and the defaulting state. 669
(8) The defaulting state may appeal the action of the 670
commission by petitioning the state court where the commission has 671
its principal offices. The prevailing party shall be awarded all 672
costs of such litigation, including reasonable attorneys' fees. 673
(9) The commission shall not bear any costs relating to any 674
state that has been found to be in default or which has been 675
terminated from the compact, unless otherwise mutually agreed upon 676
in writing between the commission and the defaulting state. 677
(10) The remedies herein shall not be the exclusive remedies 678
of the commission. The commission may avail itself of any other 679
remedies available under state law or the regulation of a 680
profession. 681
SECTION 15. 682
DISPUTE RESOLUTION 683
(1) The commission shall attempt, upon the request of a 684
member state dental board, to resolve disputes which are subject 685
to the compact and which may arise among member state dental 686
boards. 687
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(2) The commission shall promulgate rules providing for both 688
mediation and voluntary binding dispute resolution, as 689
appropriate. 690
SECTION 16. 691
MEMBER STATES, EFFECTIVE DATE AND AMENDMENT 692
(1) Any state is eligible to become a member state of the 693
compact. 694
(2) The compact shall become effective and binding upon 695
legislative enactment of the compact into law by no less than five 696
(5) states. Thereafter, it shall become effective and binding on 697
a state upon enactment of the compact into law by that state. 698
(3) The governors of non-member states, or their designees, 699
shall be invited to participate in the activities of the 700
commission on a nonvoting basis prior to adoption of the compact 701
by all states. 702
(4) The commission may propose amendments to the compact for 703
enactment by the member states. No amendment shall become 704
effective and binding upon the commission and the member states 705
unless and until it is enacted into law by unanimous consent of 706
the member states. 707
SECTION 17. 708
WITHDRAWAL 709
(1) Once effective, the compact shall continue in force and 710
remain binding upon each and every member state; provided, 711
however, that a member state may withdraw from the compact after 712
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giving appropriate notice by specifically repealing the statute 713
which enacted the compact into law. 714
(2) The licensee's compact license privilege shall remain in 715
effect for six (6) months from the date of the member state dental 716
board withdrawal. 717
(3) The withdrawing state shall immediately notify the 718
chairperson of the commission in writing upon the introduction of 719
legislation repealing the compact by the withdrawing state, and 720
upon the enactment of such legislation. 721
(4) The commission shall notify the other member states 722
within sixty (60) days of its receipt of notice provided under 723
subsection (3) of this section. 724
(5) Reinstatement following withdrawal of a member state 725
shall occur upon the withdrawing state reenacting the compact or 726
upon such later date as determined by the commission. 727
(6) The commission shall issue rules to address the impact 728
of the withdrawal of a member state on licenses granted by other 729
member states to dentists and dental hygienists who designated the 730
withdrawing member state as their home state. 731
SECTION 18. 732
DISSOLUTION 733
(1) The compact shall dissolve effective upon the date of 734
the withdrawal or default of the member state which reduces the 735
membership in the compact to one (1) member state. 736
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(2) Upon the dissolution of the compact, the compact shall 737
become null and void and shall be of no further force or effect, 738
and the business and affairs of the commission shall be concluded 739
and surplus funds shall be distributed in accordance with the 740
bylaws. 741
SECTION 19. 742
SEVERABILITY AND CONSTRUCTION 743
(1) The provisions of the compact shall be severable, and if 744
any phrase, clause, sentence or provision is deemed unenforceable, 745
the remaining provisions of the compact shall be enforceable. 746
(2) The provisions of the compact shall be liberally 747
construed to effectuate its purposes. 748
SECTION 20. 749
BINDING EFFECT OF COMPACT AND OTHER LAWS 750
(1) Nothing herein prevents the enforcement of any other law 751
of a member state that is not inconsistent with the compact. 752
(2) All lawful actions of the commission, including all 753
rules and bylaws promulgated by the commission, shall be binding 754
upon the member states. 755
(3) All agreements between the commission and the member 756
states shall be binding in accordance with their terms. 757
(4) In the event any provision of the compact exceeds the 758
constitutional limits imposed on the legislature of any member 759
state, such provision shall be ineffective to the extent of the 760
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conflict with the constitutional provision in question in that 761
member state. 762
SECTION 21. 763
RULES OF ORDER 764
The most current edition of the American Institute of 765
Parliamentarians Standard Code of Parliamentary Procedure shall 766
apply to all meetings of the commission, including its committees, 767
in those situations not otherwise covered in the bylaws. 768
SECTION 22. Section 73-9-1, Mississippi Code of 1972, is 769
amended as follows: 770
73-9-1. Every person who desires to practice dentistry or 771
dental hygiene in this state must obtain a license to do so as 772
hereinafter provided or must hold a compact license privilege 773
under Section 1 of this act; but this section shall not apply to 774
dentists or dental hygienists now holding permanent licenses to 775
practice provided the same have been recorded as required by law. 776
SECTION 23. Section 73-9-23, Mississippi Code of 1972, is 777
amended as follows: 778
73-9-23. (1) No person who desires to practice dentistry or 779
dental hygiene in the State of Mississippi shall be licensed until 780
that person has passed an examination by the board or holds a 781
compact license privilege under Section 1 of this act. Applicants 782
for examination shall apply in writing to the board for an 783
examination at least thirty (30) days before the examination and 784
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shall upon application pay a nonrefundable fee as elsewhere 785
provided in this chapter. 786
(2) An applicant for licensure by examination as a dentist 787
who is a graduate of a dental school accredited by the Commission 788
on Dental Accreditation of the American Dental Association (ADA), 789
or its successor commission, shall: 790
(a) Be of good moral character, be possessed of a high 791
school education, and have attained the age of twenty-one (21) 792
years; 793
(b) Exhibit with the application a diploma or 794
certificate of graduation from the ADA accredited dental school; 795
and 796
(c) Have successfully completed Parts I and II of the 797
National Board Examinations of the Joint Commission on National 798
Dental Examinations, or its successor commission, unless the 799
applicant graduated from an accredited dental school before 1960. 800
(3) An applicant for licensure by examination as a dentist 801
who is a graduate of a non-ADA accredited foreign country dental 802
school shall: 803
(a) Be of good moral character and have attained the 804
age of twenty-one (21) years; 805
(b) Be proficient in oral and written communications in 806
the English language; 807
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(c) Have completed not less than six (6) academic years 808
of postsecondary study and graduated from a foreign dental school 809
that is recognized by the licensure authorities in that country; 810
(d) Have been licensed as a dentist or admitted to the 811
practice of dentistry in the foreign country in which the 812
applicant received foreign dental school training; 813
(e) Present documentation of having completed at least 814
two (2) or more years of full-time postdoctoral dental education 815
in a dental school accredited by the Commission on Dental 816
Accreditation of the American Dental Association, or its successor 817
commission, and has been certified by the dean of the accredited 818
dental school as having achieved the same level of didactic and 819
clinical competence as expected of a graduate of the school; and 820
(f) Have successfully completed Parts I and II of the 821
National Board Examinations of the Joint Commission on National 822
Dental Examinations, or its successor commission, unless the 823
applicant graduated from an approved dental school before 1960. 824
(4) An applicant for licensure by examination as a dental 825
hygienist who is a graduate of a dental hygiene school accredited 826
by the Commission on Dental Accreditation of the American Dental 827
Association (ADA), or its successor commission, shall: 828
(a) Be of good moral character, be possessed of a high 829
school education and have attained the age of eighteen (18) years; 830
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(b) Exhibit with the application a diploma or 831
certificate of graduation from the ADA accredited dental hygiene 832
school; and 833
(c) Have successfully completed the National Board 834
Dental Hygiene Examinations of the Joint Commission on National 835
Dental Examinations, or its successor commission. 836
(5) An applicant for licensure by examination as a dental 837
hygienist who is a graduate of a non-ADA accredited foreign 838
country dental hygiene school shall: 839
(a) Be of good moral character and have attained the 840
age of eighteen (18) years; 841
(b) Be proficient in oral and written communications in 842
the English language; 843
(c) Have completed not less than two (2) academic years 844
of postsecondary study and graduated from a foreign dental hygiene 845
school that is recognized by the licensure authorities in that 846
country; 847
(d) Have been licensed as a dental hygienist or 848
admitted to the practice of dental hygiene in the foreign country 849
in which the applicant received foreign dental hygiene school 850
training; 851
(e) Present documentation of having completed at least 852
one or more years of full-time postgraduate clinical education in 853
a dental hygiene school accredited by the Commission on Dental 854
Accreditation of the American Dental Association, or its successor 855
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commission, and has been certified by the dean of the accredited 856
dental hygiene school as having achieved the same level of 857
didactic and clinical competence as expected of a graduate of the 858
school; and 859
(f) Have successfully completed the National Board 860
Dental Hygiene Examinations of the Joint Commission on National 861
Dental Examinations, or its successor commission. 862
(6) Applications shall be made in the form and content as 863
required in this section and as shall be prescribed by the board, 864
and each applicant shall submit upon request such proof as the 865
board may require as to age, character and qualifications. 866
Applications must be signed by two (2) citizens of the state of 867
which the applicant is a resident, attesting under oath that the 868
applicant is of good moral character. All applicants for 869
licensure shall submit an endorsement from all states in which he 870
or she is currently licensed or has ever been licensed to practice 871
dentistry or dental hygiene. The board may disallow the licensure 872
examination to any applicant who has been found guilty of any of 873
the grounds for disciplinary action as enumerated in Section 874
73-9-61. 875
(7) Examination shall be as elsewhere provided in this 876
chapter and the board may by its rules and regulations prescribe 877
reasonable professional standards for oral, written, clinical and 878
other examinations given to applicants, and, if deemed necessary 879
by the board, include a requirement that licensure examinations of 880
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applicants be conducted utilizing live human subjects. Each 881
applicant shall appear before the board and be examined to 882
determine his or her learning and skill in dentistry or dental 883
hygiene. If found by the members of the board conducting the 884
examination to possess sufficient learning and skill therein and 885
to be of good moral character, the board shall, as early as 886
practicable, grant to the person a license to practice dentistry 887
or dental hygiene, as the case may be, which shall be signed by 888
each member of the board who attended the examination and approved 889
the issuance of a license. 890
(8) The Board of Dental Examiners may, at its own 891
discretion, accept certification of a licensure applicant, either 892
dentist or dental hygienist, by the National Board Examinations of 893
the Joint Commission on National Dental Examinations, or its 894
successor commission, in lieu of the written examination. 895
However, in all such instances the board shall retain the right to 896
administer such further written and practical examinations and 897
demonstrations as it deems necessary. 898
(9) Each application or filing made under this section shall 899
include the social security number(s) of the applicant in 900
accordance with Section 93-11-64. 901
SECTION 24. Section 73-9-35, Mississippi Code of 1972, is 902
amended as follows: 903
73-9-35. The holder of either of the licenses provided for 904
in this chapter, or the holder of a compact license privilege 905
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under Section 1 of this act, shall at all times, upon request, 906
exhibit same to any member of the Board of Dental Examiners, or 907
his authorized agent or to any officer of the law. 908
SECTION 25. Section 73-9-41, Mississippi Code of 1972, is 909
amended as follows: 910
73-9-41. (1) No person shall practice, attempt to practice 911
or offer to practice dentistry or dental hygiene within the state 912
without first having been authorized and issued a license by the 913
board or without first holding a compact license privilege under 914
Section 1 of this act; nor shall any person practice, attempt to 915
practice, or offer to practice dentistry or dental hygiene within 916
the state during any period of suspension of his or her license by 917
the board or after revocation or being voided for failure to 918
reregister by the board of any license previously issued to the 919
offending person. 920
(2) A person who has never been issued a license to practice 921
dentistry or dental hygiene, who does not hold a compact license 922
privilege under Section 1 of this act, or whose license has been 923
suspended, voided or revoked by action of the board, shall not 924
perform any act that would constitute the practice of dentistry or 925
dental hygiene as defined in Sections 73-9-3 and 73-9-5, 926
including, but not limited to, the following: 927
(a) Making impressions or casts of the human mouth or 928
teeth; 929
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(b) Constructing or supplying dentures without the work 930
authorization or prescription of a person licensed under the laws 931
of this state to practice dentistry; and 932
(c) Constructing or supplying dentures from impressions 933
or casts without the work authorization or prescription of a 934
person licensed under the laws of this state to practice 935
dentistry. 936
(3) The fact that any person engages in or performs or 937
offers to engage in or performs any of the practices, acts or 938
operations set forth in Section 73-9-3 or Section 73-9-5 is prima 939
facie evidence that the person is engaged in the practice of 940
dentistry or dental hygiene. 941
(4) In addition to any other civil remedy or criminal 942
penalty provided for by law, the executive director or the 943
secretary of the board may issue a summons to appear before the 944
board to any person or persons who the executive director or any 945
member of the board has probable cause to believe has violated 946
this section by practicing, attempting to practice, or offering to 947
practice dentistry or dental hygiene without a current, valid 948
license or permit and any necessary witnesses. The summons issued 949
by the board shall command each person to whom it is directed to 950
attend and give testimony at a time and place specified in the 951
summons. The summons shall be served upon the individual 952
personally or by any type of mailing requiring a return receipt 953
and shall include a statement of the charges and an explanation of 954
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the manner in which the unlicensed person shall be required to 955
respond to the board. 956
(5) In proceedings conducted pursuant to subsection (4) of 957
this section, the board may levy for each and every violation a 958
civil penalty upon any unlicensed person who after a hearing is 959
found to have practiced dentistry or dental hygiene without the 960
benefit of a current, valid license having been issued by the 961
board under the provisions of this chapter, as follows: 962
(a) For the first violation, a monetary penalty of not 963
more than Five Hundred Dollars ($500.00). 964
(b) For the second violation, a monetary penalty of not 965
more than One Thousand Dollars ($1,000.00). 966
(c) For the third and any subsequent violations, a 967
monetary penalty of not more than Five Thousand Dollars 968
($5,000.00). 969
(d) For any violation, the board may assess those 970
reasonable costs that are expended by the board in the 971
investigation and conduct of the hearing as provided in subsection 972
(4) of this section, including, but not limited to, the cost of 973
process service, court reporters, expert witnesses and other 974
witness expenses paid by the board, and investigators. Appeals 975
from the board's decision may be taken as provided in Section 976
73-9-65. Any monetary penalty or assessment levied under this 977
section shall be paid to the board by the illegal practitioner 978
upon the expiration of the period allowed for appealing those 979
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ST: Interstate Dental and Dental Hygiene
Licensure Compact; enact.
penalties or may be paid sooner if the illegal practitioner 980
elects. Monetary penalties collected by the board under this 981
section shall be deposited to the credit of the General Fund of 982
the State Treasury. Any monies collected for assessment of costs 983
by the board shall be deposited into the special fund of the 984
board. 985
(6) No person practicing dentistry or dental hygiene without 986
a current valid license or compact license privilege under Section 987
1 of this act shall have the right to receive any compensation for 988
services so rendered. In addition to any other penalties imposed 989
under this section, any person who practices dentistry or dental 990
hygiene without a license or compact license privilege under 991
Section 1 of this act shall return any fees collected for 992
practicing dentistry or dental hygiene and shall be liable for any 993
damages resulting from negligent conduct. The board or any 994
patient shall have the right to enforce the obligation provided in 995
this section. 996
SECTION 26. This act shall take effect and be in force from 997
and after July 1, 2026. 998