Enacts Dentist and Dental Hygienist Compact.

A1012

ASSEMBLY, No. 1012

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman CAROL A. MURPHY

District 7 (Burlington)

SYNOPSIS

���� Enacts Dentist and Dental Hygienist Compact.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
enacting the Dentist and Dental Hygienist Compact and
supplementing Title 45 of the Revised Statutes.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

����� 1.�� The
State of New Jersey enacts and enters into the Dentist and Dental Hygienist
Compact with all other jurisdictions that legally join the compact in the form
substantially as follows:

���� Section 1. Title and Purpose.

���� This compact shall be known
and may be cited as the �Interstate Dental and Dental Hygiene Licensure
Compact.�� The purpose of the compact is to expedite licensure and increase
access to dental health care through licensure boards acting in cooperation.� The
compact adopts the existing structures most utilized by dental boards across
the United States, while ensuring the safety of the public through the sharing
of documents and information. This compact ensures that each state retains the
right to impose an adverse action on a licensee as a home state or as a
practicing state.� Each state has an opportunity to share investigations and
information with the home state of licensure.� The compact is operated by state
dental board members, administrators and other staff, thus allowing for each
state to maintain its sovereignty.� The compact:

���� a.��� allows for expedited
licensure portability and ease of movement of licensees between states;

���� b.��� allows each state to
continue to regulate the practice of dentistry and dental hygiene within its
borders;

���� c.��� creates a common goal of
protecting the public by ensuring a uniform licensure standard and sharing of
information in the compact;

���� d.��� allows for licensure in
every participating state by requiring passage of the uniform licensure
examination that assesses psychomotor and cognitive dental skills and is
currently accepted in 50 state licensing jurisdictions and United States
territories;

���� e.��� gives licensees one
location to maintain professional documentation to expedite license transfers
in states, hospitals or institutional credentialing;

���� f.���� facilitates a faster
licensure process for relocation or separation of military members and their
dependent spouses; there are no compact fees for military members or their
spouses;

���� g.��� alleviates a duplicative
process for licensure among multiple states; and

���� h.��� saves applicants money
by not having to obtain duplicate documents from a source that charges for the
documents.

���� Section 2.� Definitions

���� �AADB� means the American
Association of Dental Boards (AADB) or its named successor, formerly known as
the American Association of Dental Examiners (AADE), originally chartered on
September 10, 1896 and renewed in 1944, comprised of state dental boards in the
United States and its territories.

���� �Attorneys� committee� means
the committee of attorneys who currently represent a member state dental
board.� The attorneys� committee shall designate one of its members to
participate in the commission as a non-voting member.� An attorney that has
previously served as an attorney for a member state dental board may be invited
on a year-to-year basis to serve on the attorneys� committee if they have not
engaged in an official case against a state dental board or have any other
conflict of interest.� The attorneys� committee may assist the investigators in
working through joint investigation issues between states.

���� �Active-duty military person
or spouse� means a licensee in full-time active-duty status in the active
uniformed services of the United States, including members of the National
Guard and Reserves.� The legal spouse of the military member shall be recognized
by the military unit as a dependent while the service member is on active
duty.� Spouses shall receive the same privileges as military members for the
purpose of this compact.

���� �Active investigation� means
an active investigation potentially resulting in formal allegations or charges
precipitating a judicial process by a state dental board, oversight agency, or
other law enforcement entity.

���� �Adverse action� means an
order issued by a state dental board or reported to the clearinghouse pursuant
to the commission�s bylaws and rules that disciplines a licensee.� Adverse
action shall include, and shall not be limited to, the suspension, limiting, or
revocation of a license or compact license privilege; the imposition of fees
and sanctions; and any temporary emergency order that may be later withdrawn by
a board.��

���� �ADEX examination� means the
initial licensure examinations developed by the American Board of Dental
Examiners, Inc. or its successor.

���� �Bylaws� means the bylaws
passed by the commission or its named successor commission.

���� �Clearinghouse� means the
clearinghouse and databank that houses prior adverse action documentations,
orders, and denials of licensure or permits from state dental boards that is
administered by the AADB or its successor.�

���� �CODA� means the Commission on
Dental Accreditation or its successor as approved by the United States
Department of Education.

���� �Commission� means the
Interstate Dental and Dental Hygiene Compact Licensure Commission created
pursuant to section 3 of this act.�

���� �Commissioners� means the two
members chosen by each member state dental board to serve as the voting members
of the commission.

���� �Compact� means the Interstate
Dental and Dental Hygiene Licensure Compact created pursuant to section 3 of
this act.

���� �Compact license privilege�
means the expedited dental or dental hygiene license to practice in a member
state that is not the licensee�s home state.

���� �Conviction� means an
adjudication or formal judgment by a court that an individual is guilty through
a plea of guilty or no contest, or a finding of guilt by the court.� Evidence
of a conviction of a criminal offense by the court shall be considered final
for the purposes of considering or imposing disciplinary action by a member
state dental board.

���� �Criminal background check�
means a criminal background check using the results of fingerprint or other
biometric data checks compliant with the requirements of the Federal Bureau of
Investigation, with the exception of federal employees who have suitability
determination in accordance with 5 C.F.R.731.202.

���� �Dental hygienist� means any
person who:

���� (1) has successfully graduated
from a CODA-approved dental hygiene school;

���� (2) has successfully passed
the ADEX dental hygiene licensure examination; or has been in practice five
years or more, and has successfully passed a regional board examination or
equivalent state-administered psychomotor licensure examination prior to January
1, 2024;

���� (3) has successfully passed
the written national dental hygiene board examination administered by the Joint
Commission on National Dental Examinations;

���� (4) possesses a full and
unrestricted dental hygiene license issued by a member state;�

���� (5) has never been convicted
or received adjudication, deferred adjudication, community supervision, or
deferred disposition for any offense, other than traffic offenses, by a court
of appropriate jurisdiction;�

���� (6) has never been a subject
of discipline by a licensing agency through any adverse action, order, or other
restriction of the licensee by a licensing agency, with the exception of
failure to pay fees or failure to complete continuing education;�

���� (7) is not currently under
active investigation by a licensing agency or law enforcement authority in any
state, federal, or foreign jurisdiction; and

���� (8) meets any jurisprudence
requirement established by a member state dental board of a member state in
which a licensee is seeking a compact license privilege.

���� �Dental practice act� means
the laws and regulations governing the practice of dentistry within a member
state.

���� �Dentist� means any person
who:

���� (1) has successfully graduated
from a CODA-approved dental school;�

���� (2) has successfully passed
the ADEX dental licensure exam; or has been in practice five years or more, and
has successfully passed a regional board examination or equivalent
state-administered psychomotor licensure examination prior to January 1, 2024;

���� (3) has successfully passed
the written National Dental Board Exam administered by the Joint Commission on
National Dental Examinations;

���� (4) possesses a full and
unrestricted dental license issued by a member state dental board;

���� (5) has never been convicted
or received adjudication, deferred adjudication, community supervision, or
deferred disposition for any offense, other than traffic offenses, by a court
of appropriate jurisdiction;

���� (6) has never been a subject
of discipline by a licensing agency through any adverse action, order, or other
restriction of the licensee by a licensing agency, with the exception of
failure to pay fees or failure to complete continuing education;

���� (7) has never had a state or
federal drug registration, permit, or license restricted, suspended, or revoked
by the United States Drug Enforcement Administration or any licensing agency
that oversees scheduled drug registrations;

���� (8) is not currently under
active investigation by a licensing agency or law enforcement authority in any
state, federal, or foreign jurisdiction; and

���� (9) meets any jurisprudence
requirement established by a member state dental board in which a licensee is
seeking a compact license privilege.

���� �Home state� means the state
of primary licensure of a licensee.�

���� �License� means the
authorization by a licensing authority for a dentist or dental hygienist to
engage in the unrestricted practice of dentistry or dental hygiene, which would
be unlawful without such license.

���� �Licensee� means a dentist or
dental hygienist who holds an unrestricted license to practice as a dentist or
dental hygienist.

���� �Licensing agency� means the
agency or other entity of a state that is responsible for the licensing of
dentists and dental hygienists.� If a member state dental board has such
responsibility, it shall be deemed a licensing agency.

���� �Member state dental board�
means a state agency in a member state that protects the public through
licensure, regulation, and the education of dentists and dental hygienists, as
directed by the state law.� All actions taken by a member state dental board
shall be under the authority of the laws its state and any other rights
conferred under this compact.

���� �Member state� means a state,
the District of Colombia or any other United States territory that has enacted
the compact.�

���� �Regional board examination�
means initial licensure examinations administered by the Western Regional
Examining Board (WREB), the North East Regional Board of Dental Examiners
(NERB), the Commission on Dental Competency Assessments (CDCA), Council of Interstate
Testing Agencies (CITA), Southern Regional Testing Agency (SRTA), or Central
Regional Dental Testing Services (CRDTS) that assess psychomotor skills.

���� �Repository� means the
repository of original documents of a licensee that may include original
transcripts, certification documents, test scores, military training records,
previous or current licensing documents, and other sources of materials needed
for applications and verification administered by the AADB or its successor.�
The repository shall receive documents from primary or originating sources and
verify their authenticity.

���� �Scope of practice� means the
dental-related procedures that require a license, permit, or training, to
undertake the treatment and procedure to be completed on a patient within the
member state�s requirements.

���� �State� means a state within
the United States or a United States Territory.

���� �State jurisprudence� means
the knowledge of a member state�s laws and rules of dentistry and dental
hygiene.�

���� Section 3.� Compact and
Commission�

���� a. The member states hereby
create the Interstate Dental and Dental Hygiene Licensure Compact and the
commission. Each member state shall enact a compact that is not materially
different from this compact, as determined by the commission.

���� b. Each member state dental
board shall have two voting members who shall serve as commissioners.� Each
commissioner shall have one vote.� Member states with separate dental and
dental hygiene licensing agencies shall appoint one commissioner from each licensing
agency.� One commissioner shall be a current member of a member state dental
board.� Commissioners may not delegate votes or vote by proxy, however, if a
commissioner is unable to attend, the member state may substitute a
commissioner who meets the same requirements.�

���� c. Upon five states joining
the compact, the compact shall become active.� The commission shall adopt
bylaws upon becoming active.�

���� d. The commission shall meet
at least once per calendar year, and at additional times as necessary pursuant
to the bylaws and rules.

���� e. At each annual meeting, the
commission shall elect officers, which shall be a chair, vice chair, secretary,
and treasurer from the membership of the commission.� The officers shall be
members of the commission�s executive committee.� The commission shall also
elect representatives from four regional districts established by the
commission to serve on the executive committee.� All officers and executive
committee representatives shall serve one-year terms.

���� f. Quorum for purposes of
conducting business shall be a majority of commissioners attending in person or
virtually.

���� g. The commission shall
provide notice of all meetings on its website and in other communications to
member state dental boards.

���� h. A vote of two-thirds of the
commissioners present shall be required for an executive session to discuss:�

���� (1) items specifically related
to participation in a lawsuit or in anticipation of a legal proceeding;

���� (2) matters specifically
exempted from disclosure by federal statute;�

���� (3) information or matters
involving law enforcement agencies or information that accuses a person of a
crime or a public censure;�

���� (4) discussions that would
include information of a personal nature that would constitute an unwarranted
invasion of personal privacy;

���� (5) anything considered
internal practices and procedures or a trade secret;

���� (6) other items described in
the commission bylaws allowing for executive sessions to be called; or

���� (7) advice of legal counsel.

���� i. The commission shall keep
minutes and make them available to all member states.��

���� j. The commission may
establish other committees as needed.�

���� k. The commission shall
prepare an annual report that shall be made available to the legislatures and
governors of the member states.� The annual report shall describe the
activities of the commission during the preceding calendar year.� Such reports
shall also include reports of the annual financial audit and any actions taken
or rules that were adopted by the commission.

���� Section 4. Duties of Compact
Member States

���� a. Member states shall submit
to the clearinghouse all member state dental board actions and other documents
and data as determined by the commission.�

���� b. Member states shall notify
the commission of any adverse action taken by the member state dental board,
any active investigation by the member state dental board, any active
investigation involving pending criminal charges, or other circumstance as determined
by the commission.

���� c. Any adverse action, order,
restriction, or denial of a license or permit on a licensee or compact license
privilege holder shall be reported to the clearinghouse by the member state
dental board.�

���� d. Member state dental boards
may submit to the clearinghouse nonpublic complaints, or disciplinary or
investigatory information not required by subsection c. of section 4 of this
act.� All investigatory material shall be considered confidential and not part
of a public record unless otherwise specifically required by state statute.�

���� e. Members states shall accept
continuing education credits as required or recognized by any other member
state.

���� f. Documents in the repository
shall be treated by a member state as the equivalent of a primary or original
source document for licensure.�

���� g. Member states shall accept
a standardized application for a compact license privilege.� The standardized
application shall be established by the rules enacted by the commission.

���� h. Member states may agree to
share information regarding ongoing investigations and actions, including joint
investigations between states.� All investigatory material shall be considered
confidential and not part of a public record unless otherwise specifically
required by state statute.

���� i. As part of the compact
enforcement, participating member states may issue subpoenas and seek testimony
of witnesses, which subpoenas shall be enforced in other member States and
enforced by a court of competent jurisdiction where the witnesses or evidence
is located.

���� Section 5. Powers and Duties
of the Commission�

���� a. The commission shall have
the duty and power to:

���� (1) oversee and maintain the
administration of the compact, including the organizational needs, the
financial activities, the hiring of personnel and ongoing activities or needs
of the commission;

���� (2) promulgate bylaws and
rules to operate the compact and the commission;

���� (3) establish a budget and
make expenditures;

���� (4) have an annual financial
audit performed by an independent certified public accounting firm;�

���� (5) issue, upon the request of
a member state dental board, advisory opinions concerning the meaning or
interpretation of the compact and its bylaws, rules, and actions;

���� (6) enforce compliance with
compact provisions, the rules promulgated by the commission, and the bylaws,
using all necessary and proper means, including but not limited to the use of
judicial process;

���� (7) hold an annual meeting for
the commission where the elections of the executive committee and other issues
may be discussed and voted on;

���� (8) establish personnel
policies and programs relating to conflicts of interest, and the rates of
compensation and qualifications of personnel;

���� (9) accept donations and
grants of money, equipment, supplies, materials and services, and to receive,
utilize, and dispose of them in a manner consistent with the
conflict-of-interest policies established by the commission;

���� (10) report annually to the
legislatures and governors of the member state dental boards concerning the
activities of the commission during the preceding calendar year.� Such reports
shall also include reports of annual financial audits, all actions of the
commission, rules adopted by the commission, and any recommendations made by
the commission; and

���� (11) coordinate education,
training, and public awareness regarding the compact, its implementation, and
its operation.

���� b.��� The executive committee
shall have the power to act on behalf of the commission, with the exception of
rulemaking, during periods when the commission is not in session.� When acting
on behalf of the commission, the executive committee shall oversee the administration
of the compact, including enforcement of and compliance with the compact.

���� c.��� The officers and
employees of the commission shall be immune from suit and liability, either
personally or in their official capacity, for a claim for damage to or loss of
property or personal injury or other civil liability caused or arising out of,
or relating to, an actual or alleged act, error, or omission that occurred, or
that such person had a reasonable basis for believing occurred, within the
scope of commission employment, duties, or responsibilities; provided, that
such person shall not be protected from suit or liability for damage, loss,
injury, or liability caused by the intentional or willful and wanton misconduct
of such person.�

���� d.��� The liability of the
executive director and employees of the commission or representatives of the
commission, acting within the scope of such person's employment or duties for
acts, errors, or omissions occurring within such person's state may not exceed
the limits of liability set forth under the constitution and laws of that state
for state officials, employees, and agents. The commission shall be considered
to be an instrumentality of the states for the purposes of any such action.�
Nothing in this subsection shall be construed to protect such person from suit
or liability for damage, loss, injury, or liability caused by the intentional
or willful and wanton misconduct of such person.

���� e. The commission shall defend
the commission�s executive director, its employees, and, subject to the
approval of the attorney general or other appropriate legal counsel of the
member state represented by an commission representative, shall defend such commission
representative in any civil action seeking to impose liability arising out of
an actual or alleged act, error or omission that occurred within the scope of
commission employment, duties, or responsibilities, or that the defendant had a
reasonable basis for believing occurred within the scope of commission
employment, duties or responsibilities, provided that the actual or alleged
act, error, or omission did not result from intentional or willful and wanton
misconduct on the part of such person.

���� f.� To the extent not covered
by the state involved, member state, or the commission, the representatives or
employees of the commission shall be held harmless by the commission in the
amount of a settlement or judgment, including attorney fees and costs, obtained
against such persons arising out of an actual or alleged act, error, or
omission that occurred within the scope of commission employment, duties, or
responsibilities, or that such persons had a reasonable basis for believing
occurred within the scope of commission employment, duties, or
responsibilities, provided that the actual or alleged act, error, or omission
did not result from intentional or willful and wanton misconduct on the part of
such persons.

���� Section 6. Application,
Eligibility, and Issuance of Compact License Privilege to a Member State

���� a. A dentist or dental
hygienist applying for compact license privileges shall meet the requirements
of a dentist as listed in subsection r. of section 2 of this act or a dental
hygienist as listed in subsection p. of section 2 of this act and hold a current
license in a member state under this compact.

���� b. Each dentist or dental
hygienist shall designate a home state of licensure.� The home state shall be
determined by:

���� (1) the state of primary
residence for the dentist or dental hygienist, where 25 percent of their
practice within one year occurs.� An active-duty military member or their
spouse may choose a home state as designated with the military but is not
required to meet the requirement of 25 percent practice being within their home
state; or

���� (2) if no state qualifies
under paragraph (1) of subsection b. of section 6 of this act, then the state
that the dentist or dental hygienist listed as their state of residence on the
previous year�s federal tax return.�

���� c. A dentist or dental
hygienist may redesignate a home state no more than one time in a calendar year
if the qualifications of a home state are met.

���� d. A dentist or dental
hygienist seeking a compact license privilege, the �applicant,� shall apply to
their home state dental board for a letter stating that the applicant is
eligible for compact license privileges.

���� e. The home state dental board
shall determine the eligibility of an application for a compact license
privilege and shall issue a letter of approval or denial of the application for
a compact license privilege.

���� f. The letter from the
applicant�s home state dental board approving the application shall be
submitted to the member state dental board for the member state in which the
applicant proposes to practice, and shall include:

���� (1) the compact application
packet;

���� (2) authorization to seek
access to the applicant�s repository documents;

���� (3) any additional information
that may be required by the proposed compact license privilege state; and

���� (4) any required fees. The
member state dental board shall review the application to confirm compliance
with the member state�s laws and regulations.� Following such review, if the
member state dental board approves the application, it shall issue a compact
license privilege from the proposed member state to the applicant.�

���� g. Appeals of a denial of a
compact license privilege application shall be filed with the member state
dental board making such determination, and shall be filed within 30 days of
the date of the denial.�

���� h. A licensee holding a
compact license privilege shall notify the commission within 10 business days
of any adverse action taken against a license held in a state that is not a
member state.�

���� i. A compact license privilege
may be revoked, suspended, or limited by the issuing member state dental board
if at any time the licensee�s home state license is revoked, suspended, or
limited.

���� j. The commission shall issue
rules on the duration of a compact license privilege, the application and
renewal process for a compact license privilege, and any application fees.

���� k. Eligibility or
ineligibility to receive a compact license privilege shall not limit the
ability of a licensee to seek a state license through the regular process
outside of the compact.�

���� Section 7.� Jurisdiction Over
Compact License Privilege Holders

���� a. Each licensee holding a
compact license privilege shall be subject to and comply with the laws and
regulations of the member state in which such licensee practices under a
compact license privilege.

���� b. Each licensee holding a
compact license privilege shall be subject to the jurisdiction and authority of
the member state dental board of the state in which such licensee practices, as
if they held a license issued from such member state dental board.� Such
compact license privilege holder shall be deemed a �licensee� of the member
state dental board for purposes of such board taking an adverse action.

���� c. Each licensee holding a
compact license privilege shall list a current address with the commission that
shall serve as their official address of service.

���� d. A licensee holding a
compact license privilege may have an adverse action taken against them by:

���� (1) the member state dental
board of the member state in which they are practicing with a compact license
privilege;

���� (2) the licensee�s home state;
or

���� (3) the state licensing
authority of a state that is not a member state from which the licensee holds a
license.

���� e. A home state may take an
adverse action against the holder of a compact license privilege, regardless of
where the actions giving rise to the adverse action occurred.

���� f. Any member state in which
the compact licensee holds a compact license privilege may investigate an
allegation of a violation of the laws and rules of the practice of dentistry or
dental hygiene in any other state where the compact licensee holds a compact
license privilege.

���� Section 8.� Fees and Military
Waiver

���� a. The commission shall issue
rules regarding the use of the repository by each holder of a compact license
privilege.

���� b. A member state dental board
issuing a compact license privilege authorizing practice in its state may
impose a fee for a compact license privilege, for either initial issuance or
any renewal.�

���� c. No compact fee shall be
required of any active-duty military member or their spouse up to one year
after separation from the service.� Each member state issuing a compact license
privilege may waive fees for active-duty military or their spouse as required
by each individual state statute.

���� d. Active-duty military may
transfer military training records to the repository without a fee.�

���� Section 9. Joint
Investigations and Disciplinary Actions

���� a. Each member state shall
name a point of contact for joint investigations between member state dental
boards.�

���� b. Member state dental boards
may participate with other member state dental boards in joint investigations
of licensees that are subject to this compact.�

���� c. Member state dental boards
may share investigative, litigation, or other materials in furtherance of any
joint or individual investigation of a compact license privilege holder.

���� d. A subpoena issued by a
member state or member state dental board shall be enforceable in other member
states as allowed by law.�

���� e. If a compact license
privilege holder has an adverse action taken against them by any member state
dental board, the compact license privilege holder, licensee shall
automatically be subject to similar discipline by other member state dental
boards.

���� f. If a compact license
privilege holder has an adverse action taken against their home state license,
including being revoked, surrendered, or relinquished in lieu of discipline or
suspended, then automatically all other compact license privileges shall be
placed in the same status.� The home state dental board shall notify the
commission and the commission shall issue a notice to all member state dental
boards of such adverse action.��

���� g. If discipline or an adverse
action is taken against a compact license privilege holder in a member state,
the member state board shall notify the commission and the home state of the
compact license privilege holder.� The home state may deem the action
conclusive as a matter of law and fact and may:

���� (1) impose the same or lesser
sanction consistent with the home state�s laws; or

���� (2) pursue separate actions
against the compact license privilege holder under its laws, regardless of the
sanctions pursued by the member state dental board.

���� Section 10. Other Requests for
Information from the Repository and the Clearinghouse

���� a. Insurance companies and
entities verifying documents for the purpose of licenses extended to a dentist
or dental hygienist may seek information from the clearinghouse for public
record documents.

���� b. A dentist or dental
hygienist may submit a request to the commission to allow any hiring employer,
entity, or insurance company to access documents from the repository for the
purposes of credentialing, licensing, or other privileges.

���� c. The commission shall set a
fee schedule for these services.

���� Section 11. Rulemaking
Functions of the Commission

���� a. The commission shall
promulgate reasonable rules in order to effectively and efficiently implement
and achieve the purposes and administration of the compact.� Notwithstanding
the foregoing, in the event the commission exercises its rulemaking authority
in a manner that is beyond the scope of the purposes of the compact or the
powers granted hereunder, then such an action by the commission may be
determined to be invalid and have no force or effect.

���� b. Rules validly issued by the
commission shall have the force of law in each member state.

���� c. Rules deemed appropriate
for the operations of the commission shall be made pursuant to a rulemaking
process that substantially conforms to the Model State Administrative Procedure
Act of 2010, and subsequent amendments thereto.

���� Section 12. Oversight of the
Compact

���� a. The executive, legislative,
and judicial branches of state government in each member state shall enforce
the compact and shall take all actions necessary and appropriate to effectuate
the compact's purposes and intent to allow for expedited licensure for the
purpose of mobility.� The provisions of the compact and the rules promulgated
hereunder shall have standing as statutory law but shall not override existing
state authority to regulate the practice of dentistry and dental hygiene.

���� b. All courts may take
judicial notice of the compact and the rules in any judicial or administrative
proceeding in a member state pertaining to the subject matter of the compact
which may affect the powers, responsibilities, or actions of the commission.

���� c. The commission shall be
entitled to receive all service of process in any such proceeding and shall
have standing to intervene in the proceeding for all purposes.� Except where
the commission has intervened, failure to provide service of process to the
commission shall render a judgment or order void as to the commission, the
compact or promulgated rules.

���� Section 13. Enforcement and
Default Procedures

���� a. The commission, in the
reasonable exercise of its discretion, shall enforce the provisions and rules
of the compact.

���� b. The grounds for default
under this compact by a member state include, but are not limited to, failure
of a member state to perform such obligations or responsibilities imposed upon
it by the compact or by the rules and bylaws of the commission promulgated
under the compact.

���� c. If the commission
determines that a member state has defaulted in the performance of its
obligations or responsibilities under the compact, or the bylaws or promulgated
rules, the commission shall:�

���� (1) provide written notice to
the defaulting state and other member states of the nature of the default, the
means of curing the default and any action taken by the commission.� The
commission shall specify the conditions by which the defaulting state must cure
its default; and

���� (2) provide remedial training
and specific technical assistance regarding the default.

���� d. If the defaulting state
fails to cure the default, the defaulting state shall be terminated from the
compact upon an affirmative vote of a majority of the commissioners and all
rights, privileges, and benefits conferred by the compact shall terminate on
the effective date of termination.� A cure of the default shall not relieve the
offending state of obligations or liabilities incurred during the period of the
default.

���� e. Termination of membership
in the compact shall be imposed only after all other means of securing
compliance have been exhausted.� Notice of intent to terminate shall be given
by the commission to the governor, the majority and minority leaders of the defaulting
state's legislature, and each of the member states.

���� f. The commission shall
establish rules and procedures to address licenses and compact license
privilege holders that are materially impacted by the termination of a member
state or the withdrawal of a member state.

���� g. The commission shall not
bear any costs relating to any state that has been found to be in default or
which has been terminated from the compact, unless otherwise mutually agreed
upon in writing between the commission and the defaulting state.

���� h. The defaulting state may
appeal the action of the commission by petitioning the state court where the
commission has its principal offices.� The prevailing party shall be awarded
all costs of such litigation, including reasonable attorneys� fees.

���� i. The commission shall not
bear any costs relating to any state that has been found to be in default or
which has been terminated from the compact, unless otherwise mutually agreed
upon in writing between the commission and the defaulting state.

���� j. The remedies herein shall
not be the exclusive remedies of the commission.� The commission may avail
itself of any other remedies available under state law or the regulation of a
profession.

���� Section 14. Dispute Resolution

���� a. The commission shall
attempt, upon the request of a member state dental board, to resolve disputes
which are subject to the compact and which may arise among member state dental
boards.

���� b. The commission shall
promulgate rules providing for both mediation and voluntary binding dispute
resolution, as appropriate.

���� Section 15. Member States,
Effective Date, and Amendments

���� a. Any state is eligible to
become a member state of the compact.

���� b. The compact shall become
effective and binding upon legislative enactment of the compact into law by no
less than five states. Thereafter, it shall become effective and binding on a
state upon enactment of the compact into law by that state.

���� c. The governors of non-member
states, or their designees, shall be invited to participate in the activities
of the commission on a nonvoting basis prior to adoption of the compact by all
states.

���� d. The commission may propose
amendments to the compact for enactment by the member states.� No amendment
shall become effective and binding upon the commission and the member states
unless and until it is enacted into law by unanimous consent of the member
states.

���� Section 16. Withdrawal�

���� a. Once effective, the compact
shall continue in force and remain binding upon each and every member state;
provided, however, that a member state may withdraw from the compact after
giving appropriate notice by specifically repealing the statute which enacted
the compact into law.

���� b. The licensee�s compact
license privilege shall remain in effect for six months from the date of the
member state dental board withdrawal.��

���� c. The withdrawing state shall
immediately notify the chairperson of the commission in writing upon the
introduction of legislation repealing the compact by the withdrawing state, and
upon the enactment of such legislation.

���� d. The commission shall notify
the other member states within 60 days of its receipt of notice provided under
subsection c. of this section.

���� e. Reinstatement following
withdrawal of a member state shall occur upon the withdrawing state reenacting
the compact or upon such later date as determined by the commission.

���� f. The commission shall issue
rules to address the impact of the withdrawal of a member state on licenses
granted by other member states to dentists and dental hygienists who designated
the withdrawing member state as their home state.

���� Section 17. Dissolution

���� a. The compact shall dissolve
effective upon the date of the withdrawal or default of the member state which
reduces the membership in the compact to one member state.

���� b. Upon the dissolution of the
compact, the compact shall become null and void and shall be of no further
force or effect, and the business and affairs of the commission shall be
concluded and surplus funds shall be distributed in accordance with the bylaws.

���� Section 18. Severability and
Construction

���� a. The provisions of the
compact shall be severable, and if any phrase, clause, sentence, or provision
is deemed unenforceable, the remaining provisions of the compact shall be
enforceable.

���� b. The provisions of the
compact shall be liberally construed to effectuate its purposes.

���� Section 19. Binding Effect of
Compact and Other Laws

���� a. Nothing herein prevents the
enforcement of any other law of a member state that is not inconsistent with
the compact.

���� b. All lawful actions of the
commission, including all rules and bylaws promulgated by the commission, shall
be binding upon the member states.

���� c. All agreements between the
commission and the member states shall be binding in accordance with their
terms.

���� d. In the event any provision
of the compact exceeds the constitutional limits imposed on the legislature of
any member state, such provision shall be ineffective to the extent of the
conflict with the constitutional provision in question in that member state.

���� Section 20. Rules of Order

���� The most current edition of
the American Institute of Parliamentarians Standard Code of Parliamentary
Procedure shall be followed at all meetings of the commission, including its
committees, in those situations not otherwise covered in the bylaws.

���� 2. This act shall take effect
immediately.

STATEMENT

���� This bill enacts the Dentist
and Dental Hygienist Compact in New Jersey, which is an interstate compact that
will authorize dentists and dental hygienists licensed in a member state to
practice in any other member state without being individually licensed in that
other state.

���� The compact is to be overseen
by a commission comprising two commissioners from each member state dental
board.� The commission is to meet at least once per calendar year.� At each
annual meeting, the commission is to choose a chair, vice chair, secretary, and
treasurer from the membership of the commission.� The commission is to prepare
an annual report that is to be made available to the legislatures and governors
of the member states.�

���� The commission is to have the
duty and power to: (1) oversee and maintain the administration of the compact,
including the organizational needs, the financial activities, the hiring of
personnel, and ongoing activities or needs of the commission; (2) promulgate
bylaws and rules to operate the compact and the commission; (3) establish a
budget and make expenditures; (4) have an annual financial audit performed by
an independent certified public accounting firm; (5) issue, upon the request of
a member state dental board, advisory opinions concerning the meaning or
interpretation of the compact and its bylaws, rules, and actions; (6) enforce
compliance with compact provisions, the rules promulgated by the commission,
and the bylaws, using all necessary and proper means, including but not limited
to the use of judicial process; (7) hold an annual meeting for the commission
where the elections of the executive committee and other issues may be
discussed and voted on; (8) establish personnel policies and programs relating
to conflicts of interest, and the rates of compensation and qualifications of
personnel; (9) accept donations and grants of money, equipment, supplies,
materials and services, and to receive, utilize, and dispose of them in a
manner consistent with the conflict-of-interest policies established by the
commission; (10) report annually to the legislatures and governors of the
member state dental boards concerning the activities of the commission during
the preceding calendar year; and (11) coordinate education, training, and
public awareness regarding the compact, its implementation, and its operation. �

���� Under the bill, member states
are to submit to the clearinghouse all member state dental board actions and
other documents and data as determined by the commission.� Member states are to
accept a standardized application for a compact license privilege.� The
standardized application is to be established by the rules enacted by the
commission.

���� The bill provides that each
licensee holding a compact license privilege is to be subject to and comply
with the laws and regulations of the member state in which the licensee
practices under a compact license privilege.� Each licensee holding a compact license
privilege is to be subject to the jurisdiction and authority of the member
state dental board of the state in which the licensee practices, as if they
held a license issued from the member state dental board.