Adopts Dentist and Dental Hygienist Compact.

A1702

ASSEMBLY, No. 1702

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman VERLINA REYNOLDS-JACKSON

District 15 (Hunterdon and Mercer)

Co-Sponsored by:

Assemblywomen Speight, McCoy, Assemblymen Stanley,
Scharfenberger, Assemblywoman Haider, Assemblymen Sampson and Calabrese

SYNOPSIS

���� Adopts Dentist and Dental Hygienist Compact.

CURRENT VERSION OF TEXT

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

��

An Act

adopting 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
statute shall be known and cited as the Dentist and Dental Hygienist Compact.�
The purposes of this compact are to facilitate the interstate practice of
dentistry and dental hygiene and improve public access to dentistry and dental
hygiene services by providing dentists and dental hygienists licensed in a
participating state the ability to practice in participating states in which
they are not licensed.� The compact does this by establishing a pathway for
dentists and dental hygienists licensed in a participating state to obtain a
compact privilege that authorizes them to practice in another participating
state in which they are not licensed.� The compact enables participating states
to protect the public health and safety with respect to the practice of such
dentists and dental hygienists, through the state�s authority to regulate the
practice of dentistry and dental hygiene in the state.� The compact:

����� a.�� Enables
dentists and dental hygienists who qualify for a compact privilege to practice
in other participating states without satisfying burdensome and duplicative
requirements associated with securing a license to practice in those states;

����� b.�� Promotes
mobility and addresses workforce shortages through each participating state�s
acceptance of a compact privilege to practice in that state;

����� c.�� Increases
public access to qualified, licensed dentists and dental hygienists by creating
a responsible, streamlined pathway for licensees to practice in participating
states;

����� d.�� Enhances
the ability of participating states to protect the public�s health and safety;

����� e.�� Does
not interfere with licensure requirements established by a participating state;

����� f.��� Facilitates
the sharing of licensure and disciplinary information among participating
states;

����� g.�� Requires
dentists and dental hygienists who practice in a participating state pursuant
to a compact privilege to practice within the scope of practice authorized in
that state;

����� h.�� Extends
the authority of a participating state to regulate the practice of dentistry
and dental hygiene within its borders to dentists and dental hygienists who
practice in the state through a compact privilege;

����� i.��� Promotes
the cooperation of participating states in regulating the practice of dentistry
and dental hygiene within those states; and

����� j.��� Facilitates
the relocation of military members and their spouses who are licensed to
practice dentistry or dental hygiene.

Section
2.� Definitions.

����� As
used in this compact, unless context requires otherwise:

����� �Active
military member� means any person with full-time duty status in the Armed
Forces of the United States, including members of the National Guard and
Reserve components.

����� �Adverse
action� means disciplinary action or encumbrance imposed on a license or
compact privilege by a state licensing authority.

����� �Alternative
program� means a non-disciplinary monitoring or practice remediation process
applicable to a dentist or dental hygienist approved by a state licensing
authority of a participating state in which the dentist or dental hygienist is
licensed.� �Alternative program� shall include, but not be limited to, programs
to which licensees with a substance use disorder are referred in lieu of
adverse action.

����� �Clinical
assessment� means an examination or process required for licensure as a dentist
or dental hygienist, as applicable, which examination or process provides
evidence of clinical competence in dentistry or dental hygiene, as applicable.

����� �Commissioner�
means the individual appointed by a participating state to serve as the member
of the commission for that participating state.

����� �Compact�
means this Dentist and Dental Hygienist

Compact.

����� �Compact
privilege� means the authorization granted by a remote state to allow a
licensee from a participating state to practice as a dentist or dental
hygienist in a remote state.

����� �Continuing
professional development� means a requirement, as a condition of license
renewal, to provide evidence of successful participation in educational or
professional activities relevant to practice or area of work.

����� �Criminal
background check� means the submission of fingerprints or other biometric-based
information for an applicant for licensure for the purpose of obtaining the
applicant�s criminal history record information, as defined in 28 C.F.R.
s.20.3(d), from the Federal Bureau of Investigation and the state�s criminal
history record repository, as defined in 28 C.F.R. s.20.3(f).

����� �Data
system� means the commission�s repository of information about licensees,
including, but not limited to, examination, licensure, investigative, compact
privilege, adverse action, and alternative program information.

����� �Dental
hygienist� means an individual who is licensed by a state licensing authority
to practice dental hygiene.

����� �Dentist�
means an individual who is licensed by a state licensing authority to practice
dentistry.

����� �Dentist
and Dental Hygienist Compact Commission� or �commission� means the joint
government agency established under the compact comprising each state that has
enacted the compact and a national administrative body comprising a
commissioner from each state that has enacted the compact.

����� �Encumbered
license� means a license that a state licensing authority has limited in any
way other than through an alternative program.

����� �Executive
board� means the chair, vice chair, secretary, and treasurer of the commission,
as well as any other commissioners as may be determined by commission rule or
bylaw.

����� �Jurisprudence
requirement� means the assessment of an individual�s knowledge of the laws and
rules governing the practice of dentistry or dental hygiene, as applicable, in
a state.

����� �License�
means current authorization by a state, other than authorization pursuant to a
compact privilege, or other privilege, for an individual to practice as a
dentist or dental hygienist in that state.

����� �Licensee�
means an individual who holds an unrestricted license from a participating
state to practice as a dentist or dental hygienist in that state.

����� �Model
compact� means the model for the Dentist and Dental Hygienist Compact on file
with the Council of State Governments or other entity as designated by the
commission.

����� �Participating
state� means a state that has enacted the compact and been admitted to the
commission in accordance with the provisions of the compact and commission
rules.

����� �Qualifying
license� means a license that is not an encumbered license issued by a
participating state to practice dentistry or dental hygiene.

����� �Remote
state� means a participating state where a licensee who is not licensed as a
dentist or dental hygienist is exercising or seeking to exercise the compact
privilege.

����� �Rule�
means a regulation promulgated by an entity that has the force of law.

����� �Scope
of practice� means the procedures, actions, and processes a dentist or dental
hygienist licensed in a state is permitted to undertake in that state and the
circumstances under which the licensee is permitted to undertake those
procedures, actions, and processes. Such procedures, actions, and processes and
the circumstances under which they may be established through means, including,
but not limited to, statutes, regulations, case law, and other processes
available to the state licensing authority or other government agency.

����� �Significant
investigative information� means information, records, and documents received
or generated by a state licensing authority pursuant to an investigation for
which a determination has been made that there is probable cause to believe
that the licensee has violated a statute or regulation that is considered more
than a minor infraction for which the state licensing authority could pursue an
adverse action against the licensee.

����� �State�
means a state, commonwealth, district, or territory of the United States that
regulates the practices of dentistry and dental hygiene.

����� �State
licensing authority� means an agency or other entity of a state that is
responsible for the licensing and regulation of dentists or dental hygienists.

Section
3.� State Participation in the Compact.

����� a.�� In
order to join the compact and thereafter continue as a participating state, a
state shall:

����� (1)� Enact
a compact that is not materially different from the model compact, as
determined in accordance with commission rules;

����� (2)� Participate
fully in the commission�s data system;

����� (3)� Have
a mechanism in place for receiving and investigating complaints about its
licensees and license applicants;

����� (4)� Notify
the commission, in compliance with the terms of the compact and commission
rules, of any adverse action or the availability of significant investigative
information regarding a licensee or license applicant;

����� (5)� Fully
implement a criminal background check requirement, within a time frame
established by commission rule, by receiving the results of a qualifying
criminal background check;

����� (6)� Comply
with commission rules applicable to a participating state;

����� (7)� Accept
the national board examinations of the Joint Commission on National Dental
Examinations or another examination accepted by commission rule as a licensure
examination;

����� (8)� Accept
for licensure that applicants for a dentist license graduate from a predoctoral
dental education program accredited by the Commission on Dental Accreditation,
or another accrediting agency recognized by the United States Department of
Education for the accreditation of dentistry and dental hygiene education
programs, leading to the doctor of dental surgery or doctor of dental medicine
degree;

����� (9)� Accept
for licensure that applicants for a dental hygienist license graduate from a
dental hygiene program accredited by the Commission on Dental Accreditation, or
another accrediting agency recognized by the United States Department of
Education for the accreditation of dentistry and dental hygiene education
programs;

����� (10)�
Require for licensure that applicants successfully complete a clinical
assessment;

����� (11)�
Have continuing professional development requirements as a condition for
license renewal; and

����� (12)�
Pay a participation fee to the commission as established by commission rule.

����� b.�� Providing
alternative pathways for an individual to obtain an unrestricted license shall
not disqualify a state from participating in the compact.

����� c.�� When
conducting a criminal background check, the state licensing authority shall:

����� (1)� Consider
that information in making a licensure decision;

����� (2)� Maintain
documentation of the criminal background check and background check information
to the extent allowed by state and federal law; and

����� (3)� Report
to the commission whether a state has completed the criminal background check
and whether the individual was granted or denied a license.

����� d.�� A
licensee of a participating state who has a qualifying license in that state
and does not hold an encumbered license in any other participating state shall
be issued a compact privilege in a remote state in accordance with the terms of
the compact and commission rules.� If a remote state has a jurisprudence
requirement, a compact privilege shall not be issued to the licensee unless the
licensee has satisfied the jurisprudence requirement.

Section
4.� Compact Privilege.

����� a.�� To
obtain and exercise the compact privilege under the terms and provisions of the
compact, a licensee shall:

����� (1)� Have
a qualifying license as a dentist or dental hygienist in a participating state;

����� (2)� Be
eligible for a compact privilege in any remote state in accordance with
subsections d., g., and h. of this section;

����� (3)� Submit
to an application process whenever the licensee is seeking a compact privilege;

����� (4)� Pay
any applicable commission and remote state fees for a compact privilege in the
remote state;

����� (5)� Meet
any jurisprudence requirement established by a remote state in which the
licensee is seeking a compact privilege;

����� (6)� Have
passed a national board examination of the Joint Commission on National Dental
Examinations or another examination accepted by commission rule;

����� (7)� For
a dentist, have graduated from a predoctoral dental education program
accredited by the Commission on Dental Accreditation, or another accrediting
agency recognized by the United States Department of Education for the
accreditation of dentistry and dental hygiene education programs, leading to
the doctor of dental surgery or doctor of dental medicine degree;

����� (8)� For
a dental hygienist, have graduated from a dental hygiene education program
accredited by the Commission on Dental Accreditation or another accrediting
agency recognized by the United States Department of Education for the
accreditation of dentistry and dental hygiene education programs;

����� (9)� Have
successfully completed a clinical assessment for licensure;

����� (10)�
Report to the commission any adverse action taken by any nonparticipating state
when applying for a compact privilege and, otherwise, within 30 days from the
date the adverse action is taken;

����� (11)�
Report to the commission when applying for a compact privilege the address of
the licensee�s primary residence, and thereafter immediately report to the
commission any change in the address of the licensee�s primary residence; and

����� (12)�
Consent to accept service of process by mail at the licensee�s primary
residence on record with the commission with respect to any action brought
against the licensee by the commission or a participating state, and consent to
accept service of a subpoena by mail at the licensee�s primary residence on
record with the commission with respect to any action brought or investigation
conducted by the commission or a participating state.

����� b.�� A
licensee shall comply with the requirements set forth in subsection a. of this
section to maintain the compact privilege in the remote state.� If those
requirements are met, the compact privilege will continue as long as the
licensee maintains a qualifying license in the state through which the licensee
applied for the compact privilege and pays any applicable compact privilege
renewal fees.

����� c.�� A
licensee providing dentistry or dental hygiene in a remote state under a
compact privilege shall function within the scope of practice authorized by the
remote state for a dentist or dental hygienist licensed in that state.

����� d.�� A
licensee providing dentistry or dental hygiene pursuant to a compact privilege
in a remote state shall be subject to that state�s regulatory authority.� A
remote state may, in accordance with due process and that state�s laws, by
adverse action revoke or remove a licensee�s compact privilege in the remote
state for a specific period of time, impose fines, or take any other necessary
actions to protect the health and safety of its citizens.� If a remote state
imposes an adverse action against a compact privilege that limits the compact
privilege, that adverse action shall apply to all compact privileges in all
remote states.� A licensee whose compact privilege in a remote state is removed
for a specified period of time shall not be eligible for a compact privilege in
any other remote state until the specific time for removal of the compact
privilege has passed and all encumbrance requirements are satisfied.

����� e.�� If
a license in a participating state is an encumbered license, the licensee shall
lose the compact privilege in a remote state and shall not be eligible for a
compact privilege in any remote state until the license is no longer
encumbered.

����� f.��� Once
an encumbered license in a participating state is restored to good standing,
the licensee shall meet the requirements of subsection a. of this section to
obtain a compact privilege in a remote state.

����� g.�� If
a licensee�s compact privilege in a remote state is removed by the remote
state, the individual shall lose or be ineligible for the compact privilege in
any remote state until:

����� (1)� The
specified period of time for which the compact privilege was removed has ended;
and

����� (2)� All
conditions for removal of the compact privilege have been satisfied.

����� h.�� Once
the requirements of subsection g. of this section have been met, the licensee
shall be required to meet the requirements of subsection a. of this section to
obtain a compact privilege in a remote state.

Section
5.� Active Military Members and Their Spouses.

����� Active
military members and the spouses of active military members shall not be
required to pay to the commission for a compact privilege the fee otherwise
charged by the commission.� If a remote state chooses to charge a fee for a
compact privilege, it may choose to charge a reduced fee or no fee to active
military members and spouses of active military members for a compact
privilege.

Section
6.� Adverse Actions.

����� a.�� A
participating state in which a licensee is licensed shall have exclusive
authority to impose adverse action against the qualifying license issued by
that participating state.

����� b.�� A
participating state may take adverse action based on significant investigative
information of a remote state, provided the participating state follows its own
procedures for imposing adverse action.

����� c.�� Nothing
in this compact shall override a participating state�s decision that
participation in an alternative program may be used in lieu of adverse action
and that such participation shall remain nonpublic if required by the
participating state�s laws.� Participating states shall require licensees who
enter any alternative program in lieu of discipline to agree not to practice
pursuant to a compact privilege in any other participating state during the
term of the alternative program without prior authorization from such other
participating state.

����� d.�� Any
participating state in which a licensee is applying to practice or is
practicing pursuant to a compact privilege may investigate actual or alleged
violations of the statutes and regulations authorizing the practice of
dentistry or dental hygiene in any other participating state in which the
dentist or dental hygienist holds a license or compact privilege.

����� e.�� A
remote state shall have the authority to:

����� (1)� Take
adverse actions as set forth in subsection d. of section 4 of the compact
against a licensee�s compact privilege in the state;

����� (2)� In
furtherance of its rights and responsibilities under the compact and the
commission�s rules, issue subpoenas for both hearings and investigations that
require the attendance and testimony of witnesses and the production of
evidence.� Subpoenas issued by a state licensing authority in a participating
state for the attendance and testimony of witnesses, or the production of
evidence from another participating state, shall be enforced in the latter
state by any court of competent jurisdiction according to the practice and
procedure of that court applicable to subpoenas issued in proceedings pending
before it.� The issuing authority shall pay any witness fees, travel expenses,
mileage, and other fees required by the service statutes of the state where the
witnesses or evidence are located; and

����� (3)� If
otherwise permitted by state law, recover from the licensee the costs of
investigation and disposition of cases resulting from any adverse action taken
against that licensee.

����� f.��� Joint
Investigations.

����� (1)� In
addition to the authority granted to a participating state by its dentist or
dental hygienist licensure act or other applicable state law, a participating
state may jointly investigate licensees with other participating states.

����� (2)� Participating
states shall share any significant investigative information, litigation, or
compliance materials in furtherance of any joint or individual investigation
initiated under the compact.

����� g.�� Authority
to Continue Investigation.

����� (1)� After
a licensee�s compact privilege in a remote state is terminated, the remote
state may continue an investigation of the licensee that began when the
licensee had a compact privilege in that remote state.

����� (2)� If
the investigation yields what would be significant investigative information
had the licensee continued to have a compact privilege in that remote state,
the remote state shall report the presence of such information to the data
system as required by paragraph (6) of subsection b. of section 8 of the
compact as if it was significant investigative information.

Section
7.� Establishment and Operation of the Commission.

����� a.�� The
compact participating states hereby create and establish a joint government
agency, the membership of which shall comprise all participating states that
have enacted the compact.� The commission shall be an instrumentality of the
participating states acting jointly and not an instrumentality of any one
state.� The commission shall come into existence on or after the effective date
of the compact as set forth in subsection a. of section 11 of this compact.

����� b.�� Participation,
Voting, and Meetings.

����� (1)� Each
participating state shall have and be limited to one commissioner selected by
the participating state�s state licensing authority or, if the state has more
than one state licensing authority, selected collectively by the state
licensing authorities.

����� (2)� The
commissioner shall be a member or designee of such licensing authority or
authorities, as applicable.

����� (3)� The
commission may by rule or bylaw establish a term of office for commissioners
and may by rule or bylaw establish term limits.

����� (4)� The
commission may recommend to a state licensing authority or authorities, as
applicable, removal or suspension of an individual as the state�s commissioner.

����� (5)� A
participating state�s state licensing authority or authorities, as applicable,
shall fill any vacancy of its commissioner on the commission within 60 days of
the vacancy.

����� (6)� Each
commissioner shall be entitled to one vote on all matters that are voted upon
by the commission.

����� (7)� The
commission shall meet at least once during each calendar year.� Additional
meetings may be held as set forth in the bylaws.� The commission may meet by
telecommunication, video conference, or other similar electronic means.

����� c.�� The
commission shall have the following powers:

����� (1)� Establishing
the fiscal year of the commission;

����� (2)� Establishing
a code of conduct and conflict of interest policies;

����� (3)� Adopting
rules and bylaws;

����� (4)� Maintaining
the commission�s financial records in accordance with the bylaws;

����� (5)� Meeting
and taking such actions as are consistent with the provisions of the compact,
the commission�s rules, and the bylaws;

����� (6)� Initiating
and concluding legal proceedings or actions in the name of the commission,
provided that the standing of a state licensing authority to sue or be sued
under applicable law shall not be affected;

����� (7)� Maintaining
and certifying records and information provided to a participating state as the
authenticated business records of the commission, and designating a person to
do so on the commission�s behalf;

����� (8)� Purchasing
and maintaining insurance and bonds;

����� (9)� Borrowing,
accepting, or contracting for services of personnel, including, but not limited
to, employees of a participating state;

����� (10)�
Conducting an annual financial review;

����� (11)�
Hiring employees, electing or appointing officers, fixing compensation,
defining duties, granting such individuals appropriate authority to carry out
the purposes of the compact, and establishing the commission�s personnel
policies and programs relating to conflicts of interest, qualifications of
personnel, and other related personnel matters;

����� (12)�
As set forth in the commission rules, charging a fee to a licensee for the
grant of a compact privilege in a remote state and thereafter, as may be
established by commission rule, charging the licensee a compact privilege
renewal fee for each renewal period in which that licensee exercises or intends
to exercise the compact privilege in that remote state.� Nothing herein shall
be construed to prevent a remote state from charging a licensee a fee for a
compact privilege or renewals of a compact privilege, or a fee for the
jurisprudence requirement if the remote state imposes such a requirement for
the grant of a compact privilege;

����� (13)�
Accepting any and all appropriate gifts, donations, grants of money, other
sources of revenue, equipment, supplies, materials, and services, and
receiving, utilizing, and disposing of the same, provided that at all times the
commission shall avoid any appearance of impropriety or conflict of interest;

����� (14)�
Leasing, purchasing, retaining, owning, holding, improving, or using any
property, real, personal, or mixed, or any undivided interest therein;

����� (15)
�Selling, conveying, mortgaging, pledging, leasing, exchanging, abandoning, or
otherwise disposing of any property, real, personal, or mixed;

����� (16)�
Establishing a budget or making expenditures;

����� (17)�
Borrowing money;

����� (18)
�Appointing committees, including standing committees, which may be composed of
members, state regulators, state legislators or their representatives, and
consumer representatives, and such other interested persons as may be
designated in this compact and the bylaws;

����� (19)�
Providing and receiving information from, and cooperating with, law enforcement
agencies;

����� (20)
�Electing a chair, vice chair, secretary, and treasurer, and such other
officers of the commission as provided in the commission�s bylaws;

����� (21)�
Establishing and electing an executive board;

����� (22)�
Adopting and providing to the participating states an annual report;

����� (23)�
Determining whether a state�s enacted compact is materially different from the
model compact language such that the state would not qualify for participation
in the compact; and

����� (24)�
Performing such other functions as may be necessary or appropriate to achieve
the purposes of this compact.

����� d.�� Meetings
of the Commission.

����� (1)� All
meetings of the commission that are not closed pursuant to this subsection
shall be open to the public.� Notice of public meetings shall be posted on the
commission�s Internet website at least 30 days prior to the public meeting.

����� (2)� Notwithstanding
the provisions of paragraph (1) of this subsection, the commission may convene
an emergency public meeting by providing at least 24 hours� prior notice on the
commission�s Internet website, and any other means as provided in the commission�s
rules, for any of the reasons it may dispense with notice of proposed
rulemaking under subsection l. of section 9 of this compact.� The commission�s
legal counsel shall certify that one of the reasons justifying an emergency
public meeting has been met.

����� (3)� Notice
of all commission meetings shall provide the time, date, and location of the
meeting, and if the meeting is to be held or accessible via telecommunication,
video conference, or other electronic means, the notice shall include the
mechanism for access to the meeting through such means.

����� (4)� The
commission may convene in a closed, nonpublic meeting for the commission to
receive legal advice or to discuss any of the following:

����� (a)� Noncompliance
of a participating state with its obligations under the compact;

����� (b)� The
employment, compensation, discipline, or other matters, practices, or
procedures related to specific employees or other matters related to the
commission�s internal personnel practices and procedures;

����� (c)� Current
or threatened discipline of a licensee or compact privilege holder by the
commission or by a participating state�s licensing authority;

����� (d) Current,
threatened, or reasonably anticipated litigation;

����� (e)� Negotiation
of contracts for the purchase, lease, or sale of goods, services, or real
estate;

����� (f)� Accusing
any person of a crime or formally censuring any person;

����� (g)� Trade
secrets or commercial or financial information that is privileged or
confidential;

����� (h)� Information
of a personal nature where disclosure would constitute a clearly unwarranted
invasion of personal privacy;

����� (i)�� Investigative
records compiled for law enforcement purposes;

����� (j)�� Information
related to any investigative reports prepared by or on behalf of or for use of
the commission or other committee charged with responsibility of investigation
or determination of compliance issues pursuant to the compact;

����� (k)� Legal
advice;

����� (l)�� Matters
specifically exempted from disclosure to the public by federal or participating
state law; and

����� (m) Other
matters as promulgated by the commission by rule.

����� (5)� If
a meeting, or portion of a meeting, is closed, the presiding officer shall
state that the meeting will be closed and reference each relevant exempting
provision, and such reference shall be recorded in the minutes.

����� (6)� The
commission shall keep minutes that fully and clearly describe all matters
discussed in a meeting and shall provide a full and accurate summary of actions
taken, and the reasons therefor, including a description of the views
expressed.� All documents considered in connection with an action shall be
identified in such minutes.� All minutes and documents of a closed meeting
shall remain under seal, subject to release only by a majority vote of the
commission or order of a court of competent jurisdiction.

����� e.�� Financing
of the Commission.

����� (1)� The
commission shall pay or provide for the payment of the reasonable expenses of
its establishment, organization, and ongoing activities.

����� (2)� The
commission may accept any and all appropriate sources of revenue, donations,
and grants of money, equipment, supplies, materials, and services.

����� (3)� The
commission may levy on and collect an annual assessment from each participating
state and impose fees on licensees of participating states when a compact
privilege is granted to cover the cost of the operations and activities of the
commission and its staff, which assessment and fees shall be in a total amount
sufficient to cover its annual budget as approved each fiscal year for which
sufficient revenue is not provided by other sources.� The aggregate annual
assessment amount for participating states shall be allocated based upon a
formula that the commission shall promulgate by rule.

����� (4)� The
commission shall not incur obligations of any kind prior to securing the funds
adequate to meet the same, nor shall the commission pledge the credit of any
participating state, except by and with the authority of the participating
state.

����� (5)� The
commission shall keep accurate accounts of all receipts and disbursements.� The
receipts and disbursements of the commission shall be subject to the financial
review and accounting procedures established under the commission�s bylaws.�
All receipts and disbursements of funds handled by the commission shall be
subject to an annual financial review by a certified or licensed public
accountant, and the report of the financial review shall be included in and
become part of the annual report of the commission.

����� f.��� The
Executive Board.

����� (1)� The
executive board shall have the power to act on behalf of the commission
according to the terms of the compact.� The powers, duties, and
responsibilities of the executive board shall include:

����� (a)
Overseeing the day-to-day activities of the administration of the compact,
including compliance with the provisions of the compact, the commission�s
rules, and bylaws;

����� (b)� Recommending
to the commission changes to the rules or bylaws, changes to this compact
legislation, fees charged to the compact participating states, fees charged to
licensees, and other fees;

����� (c)� Ensuring
compact administration services are appropriately provided, including by
contract;

����� (d) Preparing
and recommending the budget;

����� (e)� Maintaining
financial records on behalf of the commission;

����� (f)� Monitoring
compact compliance of participating states and providing compliance reports to
the commission;

����� (g)� Establishing
additional committees as necessary;

����� (h)� Exercising
the powers and duties of the commission during the interim between commission
meetings, except for adopting or amending rules, adopting or amending bylaws,
and exercising any other powers and duties expressly reserved to the commission
by rule or bylaw; and

����� (i)�� Other
duties as provided in the rules or bylaws of the commission.

����� (2)� The
executive board shall be composed of up to seven members:

����� (a)� The
chair, vice chair, secretary, and treasurer of the commission, and any other
members of the commission who serve on the executive board shall be voting
members of the executive board; and

����� (b)� Other
than the chair, vice chair, secretary, and treasurer of the commission, the
commission may elect up to three voting members to the executive board from the
current membership of the commission.

����� (3)� The
commission may remove any member of the executive board as provided in the
commission�s bylaws.

����� (4)� The
executive board shall meet at least annually.

����� (a)� An
executive board meeting at which the executive board takes or intends to take
formal action on a matter shall be open to the public, except that the
executive board may meet in a closed, nonpublic session of a public meeting
when dealing with any of the matters covered under paragraph (4) of subsection
d. of this section.

����� (b)� The
executive board shall give five business days� notice of its public meetings,
posted on its Internet website and as it may otherwise determine to provide
notice to persons with an interest in the public matters the executive board
intends to address at those meetings.

����� (5)� The
executive board may hold an emergency meeting when acting for the commission to
do any of the following:

����� (a)� Meet
an imminent threat to public health, safety, or welfare;

����� (b)� Prevent
a loss of commission or participating state funds; or

����� (c)� Protect
public health and safety.

����� g.�� Qualified
Immunity, Defense, and Indemnification.

����� (1)� The
members, officers, executive director, employees, and representatives of the
commission shall be immune from suit and liability, both personally and in
their official capacity, for any claim for damage to or loss of property or
personal injury or other civil liability caused by or arising out of any actual
or alleged act, error, or omission that occurred, or that the person against
whom the claim is made had a reasonable basis for believing occurred, within
the scope of commission employment, duties, or responsibilities; provided that
nothing in this paragraph shall be construed to protect any such person from
suit or liability for any damage, loss, injury, or liability caused by the
intentional, willful, or wanton misconduct of that person.� The procurement of
insurance of any type by the commission shall not in any way compromise or
limit the immunity granted hereunder.

����� (2)� The
commission shall defend any member, officer, executive director, employee, and
representative of the commission in any civil action seeking to impose
liability arising out of any actual or alleged act, error, or omission that
occurred within the scope of commission employment, duties, or
responsibilities, or as determined by the commission that the person against
whom the claim is made had a reasonable basis for believing occurred within the
scope of commission employment, duties, or responsibilities; provided that
nothing in this paragraph shall be construed to prohibit that person from
retaining counsel at that person�s own expense; and provided further that the
actual or alleged act, error, or omission did not result from that person�s
intentional, willful, or wanton misconduct.

����� (3)� Notwithstanding
the provisions of paragraph (1) of this subsection, should any member, officer,
executive director, employee, or representative of the commission be held
liable for the amount of any settlement or judgment arising out of any actual
or alleged act, error, or omission that occurred within the scope of that
individual�s employment, duties, or responsibilities for the commission, or
that the person to whom the individual is liable had a reasonable basis for
believing occurred within the scope of the individual�s employment, duties, or
responsibilities for the commission, the commission shall indemnify and hold
harmless such individual, provided that the actual or alleged act, error, or
omission did not result from the intentional, willful, or wanton misconduct of
the individual.

����� (4)� Nothing
in this compact shall be construed as a limitation on the liability of any
licensee for professional malpractice or misconduct, which shall be governed
solely by any other applicable state laws.

����� (5)� Nothing
in this compact shall be interpreted to waive or otherwise abrogate a
participating state�s state action immunity or state action affirmative defense
with respect to antitrust claims under the Sherman Act, the Clayton Act, or any
other state or federal antitrust or anticompetitive law or regulation.

����� (6)� Nothing
in this compact shall be construed to be a waiver of sovereign immunity by the
participating states or by the commission.

Section
8. Data System.

����� a.�� The
commission shall provide for the development, maintenance, operation, and
utilization of a coordinated database and reporting system containing
licensure, adverse action, and the presence of significant investigative
information on all licensees and applicants for a license in participating
states.

����� b.�� Notwithstanding
any other provision of state law to the contrary, a participating state shall
submit a uniform data set to the data system on all individuals to whom this
compact is applicable as required by the rules of the commission, including all
of the following:

����� (1)� Identifying
information;

����� (2)� Licensure
data;

����� (3)� Adverse
actions against a licensee, license applicant, or compact privilege, and
information related thereto;

����� (4)� Nonconfidential
information related to alternative program participation, the beginning and
ending dates of such participation, and other information related to such
participation���� ;

����� (5)� Any
denial of an application for licensure and the reason for such denial,
excluding the reporting of any criminal history record information where
prohibited by law;

����� (6)� The
presence of significant investigative information; and

����� (7)� Other
information that may facilitate the administration of this compact or the
protection of the public, as determined by the rules of the commission.

����� c.�� The
records and information provided to a participating state pursuant to this
compact or through the data system, when certified by the commission or an
agent thereof, shall constitute the authenticated business records of the
commission, and shall be entitled to any associated hearsay exception in any
relevant judicial, quasi-judicial, or administrative proceedings in a
participating state.

����� d.�� Significant
investigative information pertaining to a licensee in any participating state
shall only be available to other participating states.

����� e.�� It
shall be the responsibility of the participating states to monitor the database
to determine whether adverse action has been taken against a licensee or
license applicant.� Adverse action information pertaining to a licensee or
license applicant in any participating state shall be available to any other
participating state.

����� f.��� Participating
states contributing information to the data system may designate information
that may not be shared with the public without the express permission of the
contributing state.

����� g.�� Any
information submitted to the data system that is subsequently expunged pursuant
to federal law or the laws of the participating state contributing the
information shall be removed from the data system.

Section
9. Rulemaking.

����� a.�� The
commission shall promulgate reasonable rules in order to effectively and
efficiently implement and administer the purposes and provisions of the
compact.� A commission rule shall be invalid and have no force or effect only
if a court of competent jurisdiction holds that the rule is invalid because the
commission exercised its rulemaking authority in a manner that is beyond the
scope and purposes of the compact or the powers granted hereunder, or based
upon another applicable standard of review.

����� b.�� The
rules of the commission shall have the force of law in each participating
state, provided, however, that where the rules of the commission conflict with
the laws of the participating state that establish the participating state�s
scope of practice as held by a court of competent jurisdiction, the rules of
the commission shall be ineffective in that state to the extent of the
conflict.

����� c.�� The
commission shall exercise its rulemaking powers pursuant to the criteria set
forth in this section and the rules adopted thereunder.� Rules shall become
binding as of the date specified by the commission for each rule.

����� d.�� If
a majority of the legislatures of the participating states rejects a commission
rule or portion of a commission rule, by enactment of a statute or resolution
in the same manner used to adopt the compact, within four years of the date of
adoption of the rule, then such rule shall have no further force and effect in
any participating state or to any state applying to participate in the compact.

����� e.�� Rules
shall be adopted at a regular or special meeting of the commission.

����� f.��� Prior
to adoption of a proposed rule, the commission shall hold a public hearing and
allow persons to provide oral and written comments, data, facts, opinions, and
arguments.

����� g.�� Prior
to adoption of a proposed rule by the commission, and at least 30 days in
advance of the meeting at which the commission will hold a public hearing on
the proposed rule, the commission shall provide a notice of proposed rulemaking
as follows:

����� (1)� On
the Internet website of the commission or other publicly accessible platform;

����� (2)� To
persons who have requested notice of the commission�s notices of proposed
rulemaking; and

����� (3)� In
such other ways as the commission may by rule specify.

����� h.�� The
notice of proposed rulemaking shall include all of the following:

����� (1)� The
time, date, and location of the public hearing at which the commission will
hear public comments on the proposed rule and, if different, the time, date,
and location of the meeting where the commission will consider and vote on the
proposed rule;

����� (2)� If
the hearing is held via telecommunication, video conference, or other
electronic means, the commission shall include the mechanism for access to the
hearing in the notice of proposed rulemaking;

����� (3)� The
text of the proposed rule and the reason for the proposed rule;

����� (4)� A
request for comments on the proposed rule from any interested person; and

����� (5)� The
manner in which interested persons may submit written comments.

����� i.��� All
hearings shall be recorded.� A copy of the recording and all written comments
and documents received by the commission in response to the proposed rule shall
be available to the public.

����� j.��� Nothing
in this section shall be construed as requiring a separate hearing on each
commission rule.� Rules may be grouped for convenience of the commission at
hearings required by this section.

����� k.�� The
commission shall, by a majority vote of all commissioners, take final action on
the proposed rule based on the rulemaking record.

����� (1)� The
commission may adopt changes to the proposed rule, provided the changes do not
enlarge the original purposes of the proposed rule.

����� (2)� The
commission shall provide an explanation of the reasons for substantive changes
made to the proposed rule as well as reasons for substantive changes not made
that were recommended by commenters.

����� (3)� The
commission shall determine a reasonable effective date for the rule.� Except
for an emergency as provided in subsection l. of this section, the effective
date of the rule shall be no sooner than 30 days after the commission issues
notice that it adopted or amended the rule.

����� l.��� Upon
determination that an emergency exists, the commission may consider and adopt
an emergency rule with 24 hours� notice, with opportunity to comment, provided
that the usual rulemaking procedures provided in the compact and in this
section shall be retroactively applied to the rule as soon as reasonably
possible, but in no event later than 90 days after the effective date of the
rule.� For the purposes of this subsection, an emergency rule is one that must
be adopted immediately in order to do any of the following:

����� (1)� Meet
an imminent threat to public health, safety, or welfare;

����� (2)� Prevent
a loss of commission or participating state funds;

����� (3)� Meet
a deadline for the promulgation of a rule that is established by federal law or
rule; or

����� (4)� Protect
public health and safety.

����� m.� The
commission or an authorized committee of the commission may direct revisions to
a previously adopted rule for purposes of correcting typographical errors,
errors in format, errors in consistency, or grammatical errors.� Public notice
of any revisions shall be posted on the Internet website of the commission.�
The revision shall be subject to challenge by any person for a period of 30
days after posting.� The revision may be challenged only on grounds that the
revision results in a material change to a rule.� A challenge shall be made in
writing and delivered to the commission prior to the end of the notice period.�
If no challenge is made, the revision will take effect without further action.�
If the revision is challenged, the revision may not take effect without the
approval of the commission.

����� n.�� No
participating state�s rulemaking requirements shall apply under this compact.

Section
10.� Oversight, Dispute Resolution, and Enforcement.

����� a.�� Oversight.

����� (1)� The
executive and judicial branches of state government in each participating state
shall enforce this compact and take all actions necessary and appropriate to
implement the compact.

����� (2)� Venue
is proper and judicial proceedings by or against the commission shall be
brought solely and exclusively in a court of competent jurisdiction where the
principal office of the commission is located.� The commission may waive venue
and jurisdictional defenses to the extent it adopts or consents to participate
in alternative dispute resolution proceedings.� Nothing herein shall affect or
limit the selection or propriety of venue in any action against a licensee for
professional malpractice, misconduct, or any such similar matter.

����� (3)� The
commission shall be entitled to receive service of process in any proceeding
regarding the enforcement or interpretation of the compact or commission rule
and shall have standing to intervene in such a proceeding for all purposes.�
Failure to provide the commission service of process shall render a judgment or
order void as to the commission, this compact, or promulgated rules.

����� b.�� Default,
Technical Assistance, and Termination.

����� (1)� If
the commission determines that a participating state has defaulted in the
performance of its obligations or responsibilities under this compact or the
promulgated rules, the commission shall provide written notice to the
defaulting state.� The notice of default shall describe the default, the
proposed means of curing the default, and any other action that the commission
may take, and shall offer training and specific technical assistance regarding
the default.

����� (2)� The
commission shall provide a copy of the notice of default to the other
participating states.

����� c.�� If
a state in default fails to cure the default, the defaulting state may be
terminated from the compact upon an affirmative vote of a majority of the
commissioners, and all rights, privileges, and benefits conferred on that state
by this compact may be terminated 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 default.

����� d.�� Termination
of participation in the compact shall be imposed only after all other means of
securing compliance have been exhausted.� Notice of intent to suspend or
terminate shall be given by the commission to the defaulting state�s governor,
the majority and minority leaders of the defaulting state�s legislature, the
defaulting state�s state licensing authority or authorities, as applicable, and
each of the participating states� state licensing authority or authorities, as
applicable.

����� e.�� A
state that has been terminated from participation in the compact shall be
responsible for all assessments, obligations, and liabilities incurred through
the effective date of termination, including obligations that extend beyond the
effective date of termination.

����� f.��� Upon
the termination of a state�s participation in this compact, that state shall
immediately provide notice to all licensees of the state, including licensees
of other participating states issued a compact privilege to practice within
that state, of such termination.� The terminated state shall continue to
recognize all compact privileges then in effect in that state for a minimum of
180 days after the date of the notice of termination.

����� g.�� The
commission shall not bear any costs related to a state that is found to be in
default or that has been terminated from the compact unless 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
United States District Court for the District of Columbia or the federal
district where the commission has its principal offices.� The prevailing party
shall be awarded all costs of such litigation, including reasonable attorney
fees.

����� i.��� Dispute
Resolution.

����� (1)� Upon
request by a participating state, the commission shall attempt to resolve
disputes related to the compact that arise among participating states and
between participating states and nonparticipating states.

����� (2)� The
commission shall promulgate a rule providing for both mediation and binding
dispute resolution for disputes, as appropriate.

����� j.��� Enforcement.

����� (1)� The
commission, in the reasonable exercise of its discretion, shall enforce the
provisions of this compact and the commission�s rules.

����� (2)� By
a majority vote, the commission may initiate legal action against a
participating state in default in the United States District Court for the
District of Columbia or the federal district where the commission has its
principal offices to enforce compliance with the provisions of the compact and
its promulgated rules.� The relief sought may include both injunctive relief
and damages.� In the event judicial enforcement is necessary, the prevailing
party shall be awarded all costs of such litigation, including reasonable
attorney fees.� The remedies herein shall not be the exclusive remedies of the
commission.� The commission may pursue any other remedies available under
federal or the defaulting participating state�s law.

����� (3)� A
participating state may initiate legal action against the commission in the
United States District Court for the District of Columbia or the federal
district where the commission has its principal offices to enforce compliance
with the provisions of the compact and its promulgated rules.� The relief
sought may include both injunctive relief and damages.� In the event judicial
enforcement is necessary, the prevailing party shall be awarded all costs of
such litigation, including reasonable attorney fees.

����� (4)� No
individual or entity other than a participating state may enforce this compact
against the commission.

Section
11.� Effective Date, Withdrawal, and Amendment.

����� a.�� The
compact shall come into effect on the date on which the compact statute is
enacted into law in the seventh participating state.

����� (1)� On
or after the effective date of the compact, the commission shall convene and
review the enactment of each of the states that enacted the compact prior to
the commission convening, which shall be known as charter participating states,
to determine if the statute enacted by each such charter participating state is
materially different from the model compact.

����� (a)� If
the enactment of a charter participating state is found to be materially
different from the model compact, the charter participating state shall be
entitled to the default process set forth in section 10 of this compact.

����� (b)� If
any participating state is later found to be in default, or is terminated or
withdraws from the compact, the commission shall remain in existence and the
compact shall remain in effect even if the number of participating states
should be less than seven.

����� (2)� Participating
states enacting the compact subsequent to the charter participating states
shall be subject to the process set forth in paragraph (23) of subsection c. of
section 7 of this compact to determine if their enactments are materially
different from the model compact and whether they qualify for participation in
the compact.

����� (3)� All
actions taken for the benefit of the commission or in furtherance of the
purposes of the administration of the compact prior to the effective date of
the compact or the commission coming into existence shall be considered to be
actions of the commission unless specifically repudiated by the commission.

����� (4)� Any
state that joins the compact subsequent to the commission�s initial adoption of
the rules and bylaws shall be subject to the commission�s rules and bylaws as
they exist on the date on which the compact becomes law in that state.� Any
rule that has been previously adopted by the commission shall have the full
force and effect of law on the day the compact becomes law in that state.

����� b.�� Any
participating state may withdraw from this compact by enacting a statute
repealing the state�s enactment of the compact.

����� (1)� A
participating state�s withdrawal shall not take effect until 180 days after
enactment of the repealing statute.

����� (2)� Withdrawal
shall not affect the continuing requirement of the withdrawing state�s
licensing authority or authorities, as applicable, to comply with the
investigative and adverse action reporting requirements of this compact prior
to the effective date of withdrawal.

����� (3)� Upon
the enactment of a statute withdrawing from this compact, the withdrawing state
shall immediately provide notice of such withdrawal to all licensees within
that state.� Notwithstanding any subsequent statutory enactment to the
contrary, such withdrawing state shall continue to recognize all compact
privileges to practice within that state granted pursuant to this compact for a
minimum of 180 days after the date of such notice of withdrawal.

����� c.�� Nothing
contained in this compact shall be construed to invalidate or prevent any
licensure agreement or other cooperative arrangement between a participating
state and a nonparticipating state that does not conflict with the provisions
of this compact.

����� d.�� This
compact may be amended by the participating states.� No amendment to this
compact shall become effective and binding upon any participating state until
it is enacted into the laws of all participating states.

Section
12.� Construction and Severability.

����� a.�� This
compact and the commission�s rulemaking authority shall be liberally construed
so as to effectuate the purposes and the implementation and administration of
the compact.� Provisions of the compact expressly authorizing or requiring the
promulgation of rules shall not be construed to limit the commission�s
rulemaking authority solely for those purposes.

����� b.�� The
provisions of this compact shall be severable, and if any phrase, clause,
sentence, or provision of this compact is held by a court of competent
jurisdiction to be contrary to the constitution of any participating state, a
state seeking participation in the compact, or of the United States, or the
applicability thereof to any government, agency, person, or circumstance is
held to be unconstitutional by a court of competent jurisdiction, the validity
of the remainder of this compact and the applicability thereof to any other
government, agency, person, or circumstance shall not be affected thereby.

����� c.�� Notwithstanding
the provisions of subsection b. of this section, the commission may deny a
state�s participation in the compact or, in accordance with the requirements of
section 10 of this compact, terminate a participating state�s participation in
the compact, if it determines that a constitutional requirement of a
participating state is a material departure from the compact.� Otherwise, if
this compact shall be held to be contrary to the constitution of any
participating state, the compact shall remain in full force and effect as to
the remaining participating states and in full force and effect as to the
participating state affected as to all severable matters.

Section
13.� Consistent Effect and Conflict with Other State Laws.

����� a.�� Nothing
herein shall prevent or inhibit the enforcement of any other law of a
participating state that is not inconsistent with the compact.

����� b.�� Any
laws, statutes, regulations, or other legal requirements in a participating
state in conflict with the compact are superseded to the extent of the
conflict.

���� c.���� All
permissible agreements between the commission and the participating states are
binding in accordance with their terms.

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

STATEMENT

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

����� Licensees in a compact state seeking to practice
dentistry or dental hygiene in another compact state will be required to apply
for a compact privilege to practice in the other state, including paying any
applicable fees.� States participating in the compact are required to meet
certain requirements related to the licensure of dentists and dental
hygienists, require criminal background checks of licensees and applicants for
licensure, and participate in a data system that is used to track adverse
actions taken against licensees in states participating in the compact.� An
adverse action against a licensee in a compact state will suspend the
licensee�s authorization to practice in all other compact states.� Licensees
are subject to the practice laws and jurisdiction of the state in which the
licensee is practicing.

����� The compact will be overseen by a commission
comprising one commissioner appointed from each member state.� An executive
board made up of the chair, vice chair, secretary, and treasurer of the
commission, as well as up to three additional commissioners, will be charged
with the day-to-day administration of the compact.� The bill sets forth
specific requirements concerning the operations and authorities of the
commission and the executive board, as well as procedures for enforcing
compliance with the compact.

����� The compact takes effect when it is adopted in at
least seven states.� As of January 2024, Iowa, Tennessee, Washington, and
Wisconsin have enacted legislation adopting the Dentist and Dental Hygienist
Compact.