Establishes the Interstate Dental and Dental Hygiene Licensure Compact

SECOND REGULAR SESSION
SENATE BILL NO. 1533
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR BROWN (16).
6572S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 332, RSMo, by adding thereto one new section relating to licensure of dentists
and dental hygienists.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 332, RSMo, is amended by adding thereto 1
one new section, to be known as section 332.800, to read as 2
follows:3
332.800. The Interstate Dental and Dental Hygiene 1
Licensure Compact is hereby enacted into law and the 2
Governor shall enter into a Compact on behalf of the State 3
of Missouri with any jurisdiction legally joined therein, in 4
the form substantially as set forth in this Act. 5
SECTION 1. PURPOSE 6
This Compact shall be known as the Interstate Dental 7
and Dental Hygiene Licensure Compact and the purpose of the 8
Compact is to expedite licensure and increase access to 9
dental health care through licensure boards acting in 10
cooperation. The Compact adopts the existing structures 11
most utilized by Dental Boards across the United States, 12
while ensuring the safety of the public through the sharing 13
of documents and information. This Compact ensures that 14
each state retains the right to impose an adverse action on 15
a licensee as a home state or as a practicing state. Each 16
state has an opportunity to share investigations and 17
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information with the home state of licensure. The Compact 18
is operated by state dental board members, administrators 19
and other staff, thus allowing for each state to maintain 20
its sovereignty. 21
The Compact: 22
(a) Allows for expedited licensure portability and 23
ease of movement of licensees between states; 24
(b) Allows each state to continue to regulate the 25
practice of dentistry and dental hygiene within its borders; 26
(c) Creates a common goal of protecting the public by 27
ensuring a uniform licensure standard and sharing of 28
information in the Compact; 29
(d) Allows for licensure in every participating state 30
by requiring passage of the uniform licensure examination 31
that assesses psychomotor and cognitive dental skills and is 32
currently accepted in fifty (50) state licensing 33
jurisdictions and United States territories; 34
(e) Gives licensees one (1) location to maintain 35
professional documentation to expedite license transfers in 36
states, hospitals or institutional credentialing; 37
(f) Facilitates a faster licensure process for 38
relocation or separation of military members and their 39
dependent spouses; there are no Compact fees for military 40
members or their spouses; 41
(g) Alleviates a duplicative process for licensure 42
among multiple states; and 43
(h) Saves applicants money by not having to obtain 44
duplicate documents from a source that charges for the 45
documents. 46
SECTION 2. DEFINITIONS 47
(a) "AADB" means the American Association of Dental 48
Boards (AADB) or its named successor, formerly known as the 49
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American Association of Dental Examiners (AADE), originally 50
chartered on September 10th, 1896 and renewed in 1944, 51
comprised of State Dental Boards in the United States and 52
its territories; 53
(b) "Attorneys' Committee" means the committee of 54
attorneys who currently represent a Member State Dental 55
Board. The Attorneys' Committee shall designate one of its 56
members to participate in the Commission as a non-voting 57
member. An attorney that has previously served as an 58
attorney for a Member State Dental Board may be invited on a 59
year-to-year basis to serve on the Attorneys' Committee if 60
they have not engaged in an official case against a State 61
Dental Board or have any other conflict of interest. The 62
Attorneys' Committee may assist the investigators in working 63
through joint investigation issues between states; 64
(c) "Active-duty military person or spouse" means a 65
Licensee in full-time active-duty status in the active 66
uniformed services of the United States, including members 67
of the National Guard and Reserves. The legal spouse of the 68
military member must be recognized by the military unit as a 69
dependent while the service member is on active duty. 70
Spouses shall receive the same privileges as military 71
members for the purpose of this Compact; 72
(d) "Active Investigation" means an active 73
investigation potentially resulting in formal allegations or 74
charges precipitating a judicial process by a State Dental 75
Board, oversight agency, or other law enforcement entity; 76
(e) "Adverse Action" means an order issued by a State 77
Dental Board or reported to the clearinghouse pursuant to 78
the Commission's Bylaws and rules that disciplines a 79
Licensee. Adverse Action includes, and is not limited to, 80
the suspension, limiting, or revocation of a License or 81
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Compact License Privilege; the imposition of fees and 82
sanctions; and any temporary emergency order that may be 83
later withdrawn by a Board; 84
(f) "ADEX examination" means the initial licensure 85
examinations developed by the American Board of Dental 86
Examiners, Inc. or its successor; 87
(g) "Bylaws" means the bylaws passed by the Commission 88
or its named successor commission; 89
(h) "Clearinghouse" means the clearinghouse and 90
databank that houses prior Adverse Action documentations, 91
orders and denials of licensure or permits from State Dental 92
Boards that is administered by the AADB or its successor; 93
(i) "CODA" means the Commission on Dental 94
Accreditation or its successor as approved by the United 95
States Department of Education; 96
(j) "Commission" means the Interstate Dental and 97
Dental Hygiene Compact Licensure Commission created pursuant 98
to Section 3 of this Act; 99
(k) "Commissioners" means the two (2) members chosen 100
by each Member State Dental Board to serve as the voting 101
members of the Commission; 102
(l) "Compact" means the Interstate Dental and Dental 103
Hygiene Licensure Compact created pursuant to Section 3 of 104
this Act; 105
(m) "Compact License Privilege" means the expedited 106
dental or dental hygiene license to practice in a Member 107
State that is not the Licensee's Home State; 108
(n) "Conviction" means an adjudication or formal 109
judgment by a court that an individual is guilty through a 110
plea of guilty or no contest, or a finding of guilt by the 111
court. Evidence of a conviction of a criminal offense by 112
the court shall be considered final for the purposes of 113
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considering or imposing disciplinary action by a Member 114
State Dental Board; 115
(o) "Criminal background check" means a criminal 116
background check using the results of fingerprint or other 117
biometric data checks compliant with the requirements of the 118
Federal Bureau of Investigation, with the exception of 119
federal employees who have suitability determination in 120
accordance with 5 C.F.R. § 731.202; 121
(p) "Dental hygienist" means any person who: 122
(1) Has successfully graduated from a CODA-approved 123
dental hygiene school; 124
(2) Has successfully passed the ADEX dental hygiene 125
licensure examination; or has been in practice five (5) 126
years or more and has successfully passed a Regional Board 127
Examination or equivalent state-administered psychomotor 128
licensure examination prior to January 1, 2024; 129
(3) Has successfully passed the written national 130
dental hygiene board examination administered by the Joint 131
Commission on National Dental Examinations; 132
(4) Possesses a full and unrestricted dental hygiene 133
license issued by a Member State; 134
(5) Has never been convicted or received adjudication, 135
deferred adjudication, community supervision or deferred 136
disposition for any offense (other than traffic offenses) by 137
a court of appropriate jurisdiction; 138
(6) Has never been a subject of discipline by a 139
Licensing Agency through any Adverse Action, order, or other 140
restriction of the Licensee by a Licensing Agency, with the 141
exception of failure to pay fees or failure to complete 142
continuing education; 143
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(7) Is not currently under Active Investigation by a 144
Licensing Agency or law enforcement authority in any state, 145
federal or foreign jurisdiction; and 146
(8) Meets any jurisprudence requirement established by 147
a Member State Dental Board in which a Licensee is seeking a 148
Compact License Privilege; 149
(q) "Dental Practice Act" means the laws and 150
regulations governing the practice of dentistry within a 151
Member State; 152
(r) "Dentist" means any person who: 153
(1) Has successfully graduated from a CODA-approved 154
dental school; 155
(2) Has successfully passed the ADEX dental licensure 156
exam; or has been in practice five (5) years or more and has 157
successfully passed a Regional Board Examination or 158
equivalent state-administered psychomotor licensure 159
examination prior to January 1, 2024; 160
(3) Has successfully passed the written National 161
Dental Board Exam administered by the Joint Commission on 162
National Dental Examinations; 163
(4) Possesses a full and unrestricted dental license 164
issued by a Member State Dental Board; 165
(5) Has never been convicted or received adjudication, 166
deferred adjudication, community supervision, or deferred 167
disposition for any offense (other than traffic offenses) by 168
a court of appropriate jurisdiction; 169
(6) Has never been a subject of discipline by a 170
Licensing Agency through any Adverse Action, order, or other 171
restriction of the Licensee by a Licensing Agency, with the 172
exception of failure to pay fees or failure to complete 173
continuing education; 174
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(7) Has never had a state or federal drug 175
registration, permit, or license restricted, suspended, or 176
revoked by the United States Drug Enforcement Administration 177
or any Licensing Agency that oversees scheduled drug 178
registrations; 179
(8) Is not currently under Active Investigation by a 180
Licensing Agency or law enforcement authority in any state, 181
federal or foreign jurisdiction; and 182
(9) Meets any jurisprudence requirement established by 183
a Member State Dental Board in which a Licensee is seeking a 184
Compact License Privilege; 185
(s) "Home State" means the state of primary licensure 186
of a Licensee; 187
(t) "License" means the authorization by a Licensing 188
Authority for a dentist or dental hygienist to engage in the 189
unrestricted practice of dentistry or dental hygiene, which 190
would be unlawful without such license; 191
(u) "Licensee" means a Dentist or Dental Hygienist who 192
holds an unrestricted License to practice as a dentist or 193
dental hygienist; 194
(v) "Licensing Agency" means the agency or other 195
entity of a State that is responsible for the licensing of 196
Dentists and Dental Hygienists. If a Member State Dental 197
Board has such responsibility, it shall be deemed a 198
Licensing Agency; 199
(w) "Member State Dental Board" means a state agency 200
in a Member State that protects the public through 201
licensure, regulation, and the education of dentists and 202
dental hygienists, as directed by the state law. All 203
actions taken by a Member State Dental Board shall be under 204
the authority of the laws of its State and any other rights 205
conferred under this Compact; 206
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(x) "Member State" means a state, the District of 207
Columbia, or any other United States territory that has 208
enacted the Compact; 209
(y) "Regional Board Examination" means initial 210
licensure examinations administered by the Western Regional 211
Examining Board (WREB), the North East Regional Board of 212
Dental Examiners (NERB), the Commission on Dental Competency 213
Assessments (CDCA), Council of Interstate Testing Agencies 214
(CITA), Southern Regional Testing Agency (SRTA), or Central 215
Regional Dental Testing Services (CRDTS) that assess 216
psychomotor skills; 217
(z) "Repository" means the repository of original 218
documents of a Licensee that may include original 219
transcripts, certification documents, test scores, military 220
training records, previous or current licensing documents 221
and other sources of materials needed for applications and 222
verification administered by the AADB or its successor. The 223
Repository shall receive documents from primary or 224
originating sources and/or verify their authenticity; 225
(aa) "Scope of practice" means the dental-related 226
procedures that require a License, permit, or training, to 227
undertake the treatment and procedure to be completed on a 228
patient within the Member State's requirements; 229
(bb) "State" means a state within the United States or 230
a United States Territory; and 231
(cc) "State jurisprudence" means the knowledge of a 232
Member State's laws and rules of dentistry and dental 233
hygiene. 234
SECTION 3. COMPACT AND COMMISSION 235
(a) The Member States hereby create the Interstate 236
Dental and Dental Hygiene Licensure Compact and the 237
Commission. Each Member State must enact a compact that is 238
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not materially different from this Compact, as determined by 239
the Commission. 240
(b) Each Member State Dental Board shall have two (2) 241
voting members who shall serve as Commissioners. Each 242
Commissioner shall have one (1) vote. Member States with 243
separate dental and dental hygiene Licensing Agencies shall 244
appoint one (1) Commissioner from each licensing agency. 245
One Commissioner shall be a current member of a Member State 246
Dental Board. Commissioners may not delegate votes or vote 247
by proxy, however, if a Commissioner is unable to attend, 248
the Member State may substitute a Commissioner who meets the 249
same requirements. 250
(c) Upon five (5) states joining the Compact, the 251
Compact shall become active. The Commission shall adopt 252
Bylaws upon becoming active. 253
(d) The Commission shall meet at least once per 254
calendar year (the "Annual Meeting") and at additional times 255
as necessary pursuant to the Bylaws and rules. 256
(e) At each Annual Meeting, the Commission shall elect 257
a Chair, Vice Chair, Secretary, and Treasurer from the 258
membership of the Commission (the "Officers"). The Officers 259
shall be members of the Commission's Executive Committee 260
(the "Executive Committee"). The Commission shall also 261
elect representatives from four (4) regional districts 262
established by the Commission to serve on the Executive 263
Committee. All Officers and Executive Committee 264
representatives shall serve one (1) year terms. 265
(f) Quorum for purposes of conducting business shall 266
be a majority of Commissioners attending in person or 267
virtually. 268
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(g) The Commission shall provide notice of all 269
meetings on its website and in other communications to 270
Member State Dental Boards. 271
(h) A vote of two-thirds (2/3) of the Commissioners 272
present shall be required for an executive session to 273
discuss: 274
(1) Items specifically related to participation in a 275
lawsuit or in anticipation of a legal proceeding; 276
(2) Matters specifically exempted from disclosure by 277
federal statute; 278
(3) Information or matters involving law enforcement 279
agencies or information that accuses a person of a crime or 280
a public censure; 281
(4) Discussions that would include information of a 282
personal nature that would constitute an unwarranted 283
invasion of personal privacy; 284
(5) Anything considered internal practices and 285
procedures or a trade secret; 286
(6) Other items described in the Commission Bylaws 287
allowing for executive sessions to be called; or 288
(7) Advice of Legal Counsel. 289
(i) The Commission shall keep minutes and make them 290
available to all Member States. 291
(j) The Commission may establish other committees as 292
needed. 293
(k) The Commission shall prepare an annual report that 294
shall be made available to the legislatures and governors of 295
the Member States. The annual report shall describe the 296
activities of the Commission during the preceding calendar 297
year. Such reports shall also include reports of the annual 298
financial audit and any actions taken by or rules that were 299
adopted by the Commission. 300
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SECTION 4. DUTIES OF COMPACT MEMBER STATES 301
(a) Member States shall submit to the Clearinghouse 302
all Member State Dental Board actions and other documents 303
and data as determined by the Commission; 304
(b) Member States shall notify the Commission of any 305
Adverse Action taken by the Member State Dental Board, any 306
Active Investigation by the Member State Dental Board, any 307
Active Investigation involving pending criminal charges, or 308
other circumstance as determined by the Commission; 309
(c) Any Adverse Action, order, restriction or denial 310
of a license or permit on a Licensee or Compact License 311
Privilege holder shall be reported to the Clearinghouse by 312
the Member State Dental Board; 313
(d) Member State Dental Boards may submit to the 314
Clearinghouse nonpublic complaints, or disciplinary or 315
investigatory information not required by Section 4(c). All 316
investigatory material shall be considered confidential and 317
not part of a public record unless otherwise specifically 318
required by state statute; 319
(e) Member States shall accept continuing education 320
credits as required or recognized by any other Member State; 321
(f) Documents in the Repository shall be treated by a 322
Member State as the equivalent of a primary or original 323
source document for licensure; 324
(g) Member States shall accept a standardized 325
application for a Compact License Privilege. The 326
standardized application shall be established by the rules 327
enacted by the Commission; 328
(h) Member States may agree to share information 329
regarding ongoing investigations and actions, including 330
joint investigations between states. All investigatory 331
material shall be considered confidential and not part of a 332
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public record unless otherwise specifically required by 333
state statute; and 334
(i) As part of the Compact enforcement, participating 335
Member States may issue subpoenas and seek testimony of 336
witnesses, which subpoenas shall be enforced in other Member 337
States and enforced by a court of competent jurisdiction 338
where the witnesses or evidence is located. 339
SECTION 5. POWERS AND DUTIES OF THE COMMISSION 340
(a) The Commission shall have the duty and power to: 341
(1) Oversee and maintain the administration of the 342
Compact, including the organizational needs, the financial 343
activities, the hiring of personnel and ongoing activities 344
or needs of the Commission; 345
(2) Promulgate Bylaws and rules to operate the Compact 346
and the Commission; 347
(3) Establish a budget and make expenditures; 348
(4) Have an annual financial audit performed by an 349
independent certified public accounting firm; 350
(5) Issue, upon the request of a Member State Dental 351
Board, advisory opinions concerning the meaning or 352
interpretation of the Compact and its Bylaws, rules, and 353
actions; 354
(6) Enforce compliance with Compact provisions, the 355
rules promulgated by the Commission, and the Bylaws, using 356
all necessary and proper means, including but not limited to 357
the use of judicial process; 358
(7) Hold an Annual Meeting for the Commission where 359
the elections of the Executive Committee and other issues 360
may be discussed and voted on; 361
(8) Establish personnel policies and programs relating 362
to conflicts of interest, and the rates of compensation and 363
qualifications of personnel; 364
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(9) Accept donations and grants of money, equipment, 365
supplies, materials and services, and to receive, utilize 366
and dispose of them in a manner consistent with the conflict- 367
of-interest policies established by the Commission; 368
(10) Report annually to the legislatures and governors 369
of the Member State Dental Boards concerning the activities 370
of the Commission during the preceding calendar year. Such 371
reports shall also include reports of annual financial 372
audits, all actions of the Commission, rules adopted by the 373
Commission, and any recommendations by the Commission; and 374
(11) Coordinate education, training and public 375
awareness regarding the Compact, its implementation, and its 376
operation. 377
(b) The Executive Committee shall have the power to 378
act on behalf of the Commission, with the exception of 379
rulemaking, during periods when the Commission is not in 380
session. When acting on behalf of the Commission, the 381
Executive Committee shall oversee the administration of the 382
Compact, including enforcement of and compliance with the 383
Compact. 384
(c) The officers and employees of the Commission shall 385
be immune from suit and liability, either personally or in 386
their official capacity, for a claim for damage to or loss 387
of property or personal injury or other civil liability 388
caused or arising out of, or relating to, an actual or 389
alleged act, error or omission that occurred, or that such 390
person had a reasonable basis for believing occurred, within 391
the scope of Commission employment, duties or 392
responsibilities; provided, that such person shall not be 393
protected from suit or liability for damage, loss, injury or 394
liability caused by the intentional or willful and wanton 395
misconduct of such person. 396
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(d) The liability of the executive director and 397
employees of the Commission or representatives of the 398
Commission, acting within the scope of such person's 399
employment or duties for acts, errors or omissions occurring 400
within such person's state may not exceed the limits of 401
liability set forth under the constitution and laws of that 402
state for state officials, employees and agents. The 403
Commission shall be considered to be an instrumentality of 404
the states for the purposes of any such action. Nothing in 405
this subsection shall be construed to protect such person 406
from suit or liability for damage, loss, injury or liability 407
caused by the intentional or willful and wanton misconduct 408
of such person. 409
(e) The Commission shall defend the Commission's 410
executive director, its employees, and, subject to the 411
approval of the attorney general or other appropriate legal 412
counsel of the Member State represented by a Commission 413
representative, shall defend such Commission representative 414
in any civil action seeking to impose liability arising out 415
of an actual or alleged act, error or omission that occurred 416
within the scope of Commission employment, duties or 417
responsibilities, or that the defendant had a reasonable 418
basis for believing occurred within the scope of Commission 419
employment, duties or responsibilities, provided that the 420
actual or alleged act, error or omission did not result from 421
intentional or willful and wanton misconduct on the part of 422
such person. 423
(f) To the extent not covered by the state involved, 424
Member State, or the Commission, the representatives or 425
employees of the Commission shall be held harmless by the 426
Commission in the amount of a settlement or judgment, 427
including attorney fees and costs, obtained against such 428
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persons arising out of an actual or alleged act, error or 429
omission that occurred within the scope of Commission 430
employment, duties or responsibilities, or that such persons 431
had a reasonable basis for believing occurred within the 432
scope of Commission employment, duties or responsibilities, 433
provided that the actual or alleged act, error or omission 434
did not result from intentional or willful and wanton 435
misconduct on the part of such persons. 436
SECTION 6. APPLICATION, ELIGIBILITY, AND ISSUANCE OF 437
COMPACT LICENSE PRIVILEGE TO A MEMBER STATE 438
(a) A dentist or dental hygienist applying for Compact 439
License Privileges shall meet the requirements of a Dentist 440
as listed in Section 2(r) of this Compact or a Dental 441
Hygienist as listed in Section 2(p) of this Compact and hold 442
a current License in a Member State under this Compact. 443
(b) Each Dentist or Dental Hygienist shall designate a 444
Home State of licensure. The Home State shall be determined 445
by: 446
(1) The State of primary residence for the Dentist or 447
Dental Hygienist, where twenty-five percent (25%) of their 448
practice within one year occurs. An active-duty military 449
member or their spouse may choose a Home State as designated 450
with the military but are not required to meet the 451
requirement of twenty-five percent (25%) practice being 452
within their Home State; or 453
(2) If no State qualifies under Section 6(b)(1), then 454
the State that the Dentist or Dental Hygienist listed as 455
their state of residence on the previous year's federal tax 456
return. 457
(c) A Dentist or Dental Hygienist may redesignate a 458
Home State no more than one time in a calendar year if the 459
qualifications of a Home State are met. 460
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(d) A Dentist or Dental hygienist seeking a Compact 461
License Privilege (the "Applicant") shall apply to their 462
Home State Dental Board for a letter stating that the 463
Applicant is eligible for Compact License Privileges. 464
(e) The Home State Dental Board shall determine the 465
eligibility of an application for a Compact License 466
Privilege and shall issue a letter of approval or denial of 467
the application for a Compact License Privilege. 468
(f) The letter from the Applicant's Home State Dental 469
Board approving the application shall be submitted to the 470
Member State Dental Board for the Member State in which the 471
Applicant proposes to practice, and shall include: (i) the 472
Compact application packet; (ii) authorization to seek 473
access to the Applicant's Repository documents; (iii) any 474
additional information that may be required by the proposed 475
Compact License Privilege state; and (iv) any required 476
fees. The Member State Dental Board shall review the 477
application to confirm compliance with the Member State's 478
laws and regulations. Following such review, if the Member 479
State Dental Board approves the application, it shall issue 480
a Compact License Privilege from the proposed Member State 481
to the Applicant. 482
(g) Appeals of a denial of a Compact License Privilege 483
application shall be filed with the Member State Dental 484
Board making such determination, and shall be filed within 485
thirty (30) days of the date of the denial. 486
(h) A Licensee holding a Compact License Privilege 487
shall notify the Commission within ten (10) business days of 488
any Adverse Action taken against a License held in a state 489
that is not a Member State. 490
(i) A Compact License Privilege may be revoked, 491
suspended or limited by the issuing Member State Dental 492
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Board if at any time the Licensee's Home State license is 493
revoked, suspended or limited. 494
(j) The Commission shall issue rules on the duration 495
of a Compact License Privilege, the application and renewal 496
process for a Compact License Privilege, and any application 497
fees. 498
(k) Eligibility or ineligibility to receive a Compact 499
License Privilege shall not limit the ability of a Licensee 500
to seek a state license through the regular process outside 501
of the Compact. 502
SECTION 7. JURISDICTION OVER COMPACT LICENSE PRIVILEGE 503
HOLDERS 504
(a) Each Licensee holding a Compact License Privilege 505
shall be subject to and comply with the laws and regulations 506
of the Member State in which such Licensee practices under a 507
Compact License Privilege. 508
(b) Each Licensee holding a Compact License Privilege 509
shall be subject to the jurisdiction and authority of the 510
Member State Dental Board of the state in which such 511
Licensee practices, as if they held a license issued from 512
such Member State Dental Board. Such Compact License 513
Privilege holder shall be deemed a "Licensee" of the Member 514
State Dental Board for purposes of such board taking an 515
Adverse Action. 516
(c) Each Licensee holding a Compact License Privilege 517
shall list a current address with the Commission that shall 518
serve as their official address of service. 519
(d) A Licensee holding a Compact License Privilege may 520
have an Adverse Action taken against them by: 521
(1) The Member State Dental Board of the Member State 522
in which they are practicing with a Compact License 523
Privilege; 524
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(2) The Licensee's Home State; or 525
(3) The State Licensing Authority of a State that is 526
not a Member State from which the Licensee holds a License. 527
(e) A Home State may take an Adverse Action against 528
the holder of a Compact License Privilege, regardless of 529
where the actions giving rise to the Adverse Action occurred. 530
(f) Any Member State in which the Compact Licensee 531
holds a Compact License Privilege may investigate an 532
allegation of a violation of the laws and rules of the 533
practice of dentistry or dental hygiene in any other State 534
where the Compact Licensee holds a Compact License Privilege. 535
SECTION 8. FEES AND MILITARY WAIVER 536
(a) The Commission shall issue rules regarding the use 537
of the Repository by each holder of a Compact License 538
Privilege. 539
(b) A Member State Dental Board issuing a Compact 540
License Privilege authorizing practice in its State may 541
impose a fee for a Compact License Privilege, for either 542
initial issuance or any renewal. 543
(c) No Compact fee shall be required of any active- 544
duty military member and/or their spouse up to one (1) year 545
after separation from the service. Each Member State 546
issuing a Compact License Privilege may waive fees for 547
active-duty military and/or their spouse as required by each 548
individual state statute. 549
(d) Active-duty military may transfer military 550
training records to the Repository without a fee. 551
SECTION 9. JOINT INVESTIGATIONS AND DISCIPLINARY ACTIONS 552
(a) Each Member State shall name a point of contact 553
for joint investigations between Member State Dental Boards. 554
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(b) Member State Dental Boards may participate with 555
other Member State Dental Boards in joint investigations of 556
Licensees that are subject to this Compact. 557
(c) Member State Dental Boards may share 558
investigative, litigation or other materials in furtherance 559
of any joint or individual investigation of a Compact 560
License Privilege holder. 561
(d) A subpoena issued by a Member State or Member 562
State Dental Board shall be enforceable in other Member 563
States as allowed by law. 564
(e) If a Compact License Privilege holder has an 565
Adverse Action taken against them by any Member State Dental 566
Board, the Compact License Privilege holder shall 567
automatically be subject to similar discipline by other 568
Member State Dental Boards. 569
(f) If a Compact License Privilege holder has an 570
Adverse Action taken against their Home State license, 571
including being revoked, surrendered, or relinquished in 572
lieu of discipline or suspended, then automatically all 573
other Compact License Privileges shall be placed in the same 574
status. The Home State Dental Board shall notify the 575
Commission and the Commission shall issue a notice to all 576
Member State Dental Boards of such Adverse Action. 577
(g) If discipline or an Adverse Action is taken 578
against a Compact License Privilege holder in a Member 579
State, the Member State Board shall notify the Commission 580
and the Home State of the Compact License Privilege holder. 581
The Home State may deem the action conclusive as a matter of 582
law and fact and may: 583
(1) Impose the same or lesser sanction consistent with 584
the Home State's laws; or 585
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(2) Pursue separate actions against the Compact 586
License Privilege holder under its laws, regardless of the 587
sanctions pursued by the Member State Dental Board. 588
SECTION 10. OTHER REQUESTS FOR INFORMATION FROM THE 589
REPOSITORY AND THE CLEARINGHOUSE 590
(a) Insurance companies and entities verifying 591
documents for the purpose of licenses extended to a Dentist 592
or Dental Hygienist may seek information from the 593
Clearinghouse for public record documents; 594
(b) A Dentist or Dental Hygienist may submit a request 595
to the Commission to allow any hiring employer, entity, or 596
insurance company to access documents from the Repository 597
for the purposes of credentialing, licensing or other 598
privileges; 599
(c) The Commission shall set a fee schedule for these 600
services. 601
SECTION 11. RULEMAKING FUNCTIONS OF THE COMMISSION 602
(a) The Commission shall promulgate reasonable rules 603
in order to effectively and efficiently implement and 604
achieve the purposes and administration of the Compact. 605
Notwithstanding the foregoing, in the event the Commission 606
exercises its rulemaking authority in a manner that is 607
beyond the scope of the purposes of the Compact or the 608
powers granted hereunder, then such an action by the 609
Commission may be determined to be invalid and have no force 610
or effect. 611
(b) Rules validly issued by the Commission shall have 612
the force of law in each Member State. 613
(c) Rules deemed appropriate for the operations of the 614
Commission shall be made pursuant to a rulemaking process 615
that substantially conforms to the Model State 616
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Administrative Procedure Act of 2010, and subsequent 617
amendments thereto. 618
SECTION 12. OVERSIGHT OF THE COMPACT 619
(a) The executive, legislative, and judicial branches 620
of state government in each Member State shall enforce the 621
Compact and shall take all actions necessary and appropriate 622
to effectuate the Compact's purposes and intent to allow for 623
expedited licensure for the purpose of mobility. The 624
provisions of the Compact and the rules promulgated 625
hereunder shall have standing as statutory law but shall not 626
override existing state authority to regulate the practice 627
of dentistry and dental hygiene. 628
(b) All courts may take judicial notice of the Compact 629
and the rules in any judicial or administrative proceeding 630
in a Member State pertaining to the subject matter of the 631
Compact which may affect the powers, responsibilities or 632
actions of the Commission. 633
(c) The Commission shall be entitled to receive all 634
service of process in any such proceeding and shall have 635
standing to intervene in the proceeding for all purposes. 636
Except where the Commission has intervened, failure to 637
provide service of process to the Commission shall render a 638
judgment or order void as to the Commission, the Compact or 639
promulgated rules. 640
SECTION 13. ENFORCEMENT AND DEFAULT PROCEDURES 641
(a) The Commission, in the reasonable exercise of its 642
discretion, shall enforce the provisions and rules of the 643
Compact. 644
(b) The grounds for default under this Compact by a 645
Member State include, but are not limited to, failure of a 646
Member State to perform such obligations or responsibilities 647
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imposed upon it by the Compact or by the rules and Bylaws of 648
the Commission promulgated under the Compact. 649
(c) If the Commission determines that a Member State 650
has defaulted in the performance of its obligations or 651
responsibilities under the Compact, or the Bylaws or 652
promulgated rules, the Commission shall: 653
(1) Provide written notice to the defaulting state and 654
other Member States of the nature of the default, the means 655
of curing the default and any action taken by the 656
Commission. The Commission shall specify the conditions by 657
which the defaulting state must cure its default; and 658
(2) Provide remedial training and specific technical 659
assistance regarding the default. 660
(d) If the defaulting state fails to cure the default, 661
the defaulting state shall be terminated from the Compact 662
upon an affirmative vote of a majority of the Commissioners 663
and all rights, privileges and benefits conferred by the 664
Compact shall terminate on the effective date of 665
termination. A cure of the default does not relieve the 666
offending state of obligations or liabilities incurred 667
during the period of the default. 668
(e) Termination of membership in the Compact shall be 669
imposed only after all other means of securing compliance 670
have been exhausted. Notice of intent to terminate shall be 671
given by the Commission to the Governor, the majority and 672
minority leaders of the defaulting state's legislature and 673
each of the Member States. 674
(f) The Commission shall establish rules and 675
procedures to address licenses and Compact License Privilege 676
holders that are materially impacted by the termination of a 677
Member State or the withdrawal of a Member State. 678
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(g) The Commission shall not bear any costs relating 679
to any state that has been found to be in default or which 680
has been terminated from the Compact, unless otherwise 681
mutually agreed upon in writing between the Commission and 682
the defaulting state. 683
(h) The defaulting state may appeal the action of the 684
Commission by petitioning the state court where the 685
Commission has its principal offices. The prevailing party 686
shall be awarded all costs of such litigation, including 687
reasonable attorneys' fees. 688
(i) The Commission shall not bear any costs relating 689
to any state that has been found to be in default or which 690
has been terminated from the Compact, unless otherwise 691
mutually agreed upon in writing between the Commission and 692
the defaulting state. 693
(j) The remedies herein shall not be the exclusive 694
remedies of the Commission. The Commission may avail itself 695
of any other remedies available under state law or the 696
regulation of a profession. 697
SECTION 14. DISPUTE RESOLUTION 698
(a) The Commission shall attempt, upon the request of 699
a Member State Dental Board, to resolve disputes which are 700
subject to the Compact and which may arise among Member 701
State Dental Boards. 702
(b) The Commission shall promulgate rules providing 703
for both mediation and voluntary binding dispute resolution, 704
as appropriate. 705
SECTION 15. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT 706
(a) Any state is eligible to become a Member State of 707
the Compact. 708
(b) The Compact shall become effective and binding 709
upon legislative enactment of the Compact into law by no 710
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less than five (5) states. Thereafter, it shall become 711
effective and binding on a state upon enactment of the 712
Compact into law by that State. 713
(c) The governors of non-member states, or their 714
designees, shall be invited to participate in the activities 715
of the Commission on a nonvoting basis prior to adoption of 716
the Compact by all States. 717
(d) The Commission may propose amendments to the 718
Compact for enactment by the Member States. No amendment 719
shall become effective and binding upon the Commission and 720
the Member States unless and until it is enacted into law by 721
unanimous consent of the Member States. 722
SECTION 16. WITHDRAWAL 723
(a) Once effective, the Compact shall continue in 724
force and remain binding upon each and every Member State; 725
provided, however, that a Member State may withdraw from the 726
Compact after giving appropriate notice by specifically 727
repealing the statute which enacted the Compact into law. 728
(b) The Licensee's Compact License Privilege shall 729
remain in effect for six (6) months from the date of the 730
Member State Dental Board withdrawal. 731
(c) The withdrawing State shall immediately notify the 732
chairperson of the Commission in writing upon the 733
introduction of legislation repealing the Compact by the 734
withdrawing State, and upon the enactment of such 735
legislation. 736
(d) The Commission shall notify the other Member 737
States within sixty (60) days of its receipt of notice 738
provided under Section 16(c) of this Act. 739
(e) Reinstatement following withdrawal of a Member 740
State shall occur upon the withdrawing state reenacting the 741
SB 1533 25
Compact or upon such later date as determined by the 742
Commission. 743
(f) The Commission shall issue rules to address the 744
impact of the withdrawal of a Member State on Licenses 745
granted by other Member States to dentists and dental 746
hygienists who designated the withdrawing Member State as 747
their Home State. 748
SECTION 17. DISSOLUTION 749
(a) The Compact shall dissolve effective upon the date 750
of the withdrawal or default of the Member State which 751
reduces the membership in the Compact to one (1) Member 752
State. 753
(b) Upon the dissolution of the Compact, the Compact 754
shall become null and void and shall be of no further force 755
or effect, and the business and affairs of the Commission 756
shall be concluded and surplus funds shall be distributed in 757
accordance with the Bylaws. 758
SECTION 18. SEVERABILITY AND CONSTRUCTION 759
(a) The provisions of the Compact shall be severable, 760
and if any phrase, clause, sentence or provision is deemed 761
unenforceable, the remaining provisions of the Compact shall 762
be enforceable. 763
(b) The provisions of the Compact shall be liberally 764
construed to effectuate its purposes. 765
SECTION 19. BINDING EFFECT OF COMPACT AND OTHER LAWS 766
(a) Nothing herein prevents the enforcement of any 767
other law of a Member State that is not inconsistent with 768
the Compact. 769
(b) All lawful actions of the Commission, including 770
all rules and Bylaws promulgated by the Commission, shall be 771
binding upon the Member States. 772
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(c) All agreements between the Commission and the 773
Member States shall be binding in accordance with their 774
terms. 775
(d) In the event any provision of the Compact exceeds 776
the constitutional limits imposed on the legislature of any 777
Member State, such provision shall be ineffective to the 778
extent of the conflict with the constitutional provision in 779
question in that Member State. 780
SECTION 20. RULES OF ORDER 781
The most current edition of the American Institute of 782
Parliamentarians Standard Code of Parliamentary Procedure 783
shall govern all meetings of the Commission, including its 784
committees, in those situations not otherwise covered in the 785
Bylaws. 786
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