DENTAL & DENTAL HYGIENIST COMPACT

HB0044

HOUSE BILL 44

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Gail Armstrong
and
Nicole Chavez
and
Elaine Sena Cortez

and
Catherine J. Cullen
and
Jenifer Jones

AN ACT

RELATING TO LICENSURE; ENACTING THE DENTIST AND DENTAL
HYGIENIST COMPACT; AMENDING THE DENTAL HEALTH CARE ACT TO
PROVIDE FOR STATE AND FEDERAL CRIMINAL HISTORY BACKGROUND
CHECKS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1.
[
NEW MATERIAL
] DENTIST AND DENTAL HYGIENIST
COMPACT ENTERED INTO.--The "Dentist and Dental Hygienist
Compact" is entered into law and entered into with all other
jurisdictions legally joining therein in a form substantially
as follows:

"DENTIST AND DENTAL HYGIENIST COMPACT

SECTION 1 - Purpose

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 shall:

A. enable 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. promote mobility and address workforce shortages
through each participating state's acceptance of a compact
privilege to practice in that state;

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

D. enhance the ability of participating states to
protect the public's health and safety;

E. not interfere with licensure requirements
established by a participating state;

F. facilitate the sharing of licensure and
disciplinary information among participating states;

G. require 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. extend 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. promote the cooperation of a participating state
in regulating the practice of dentistry and dental hygiene
within those states; and

J. facilitate the relocation of military members
and their spouses who are licensed to practice dentistry or
dental hygiene.

SECTION 2 - Definitions

As used in the Dentist and Dental Hygienist Compact,
unless the context requires otherwise, the following
definitions shall apply:

A. "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;

B. "adverse action" means disciplinary action or
encumbrance imposed on a license or compact privilege by a
state licensing authority;

C. "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, including programs to which
licensees with substance abuse or addiction issues are referred
in lieu of adverse action;

D. "clinical assessment" means an examination or a
process, required for licensure as a dentist or dental
hygienist as applicable, that provides evidence of clinical
competence in dentistry or dental hygiene;

E. "commissioner" means the individual appointed by
a participating state to serve as the member of the commission
for that participating state;

F. "compact" means the Dentist and Dental Hygienist
Compact;

G. "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;

H. "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;

I. "criminal background check" means the submission
of fingerprints or other biometric-based information for a
license applicant for the purpose of obtaining that applicant's
criminal history record information, as defined in 28 C.F.R.
Section 20.3(d), from the federal bureau of investigation and
the state's criminal history record repository as defined in 28
C.F.R. Section 20.3;

J. "data system" means the commission's repository
of information about licensees, including examination,
licensure, investigative, compact privilege, adverse action and
alternative program;

K. "dental hygienist" means an individual who is
licensed by a state licensing authority to practice dental
hygiene;

L. "dentist" means an individual who is licensed by
a state licensing authority to practice dentistry;

M. "dentist and dental hygienist compact
commission" or "commission" means a joint government agency
established by this compact comprised of each state that has

enacted the compact and a national administrative body
comprised of a commissioner from each state that has enacted
the compact;

N. "encumbered license" means a license that a
state licensing authority has limited in any way other than
through an alternative program;

O. "executive board" means the chair, vice chair,
secretary and treasurer and any other commissioners as may be
determined by commission rule or bylaw;

P. "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;

Q. "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;

R. "licensee" means an individual who holds an
unrestricted license from a participating state to practice as
a dentist or dental hygienist in that state;

S. "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;

T. "participating state" means a state that has
enacted the compact and been admitted to the commission in
accordance with the provisions herein and commission rules;

U. "qualifying license" means a license that is not
an encumbered license issued by a participating state to
practice dentistry or dental hygiene;

V. "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;

W. "rule" means a regulation promulgated by an
entity that has the force of law;

X. "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, which may be
established through means including statute, regulations, case
law and other processes available to the state licensing
authority or other government agency;

Y. "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 adverse action
against the licensee;

Z. "state" means any state, commonwealth, district
or territory of the United States of America that regulates the
practices of dentistry and dental hygiene; and

AA. "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 and 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 the 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
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;

(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 for the
commission as established by commission rule.

B. Providing alternative pathways for an individual
to obtain an unrestricted license does 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 completion 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 it 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 will 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, the 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 adverse action
taken by any non-participating state when applying for a compact
privilege and otherwise, within thirty 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. The licensee shall comply with the requirements
of Subsection A of this section to maintain the compact
privilege in the remote state, and if those requirements are
met, the compact privilege shall 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 the 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 is 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 and 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 applies 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 is not
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 must 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 the following occur:

(1) the specific 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 must meet the requirements
in Subsection A of this section to obtain a compact privilege in
a remote state.

SECTION 5 - Active Military Member or Military Spouse

An active military member and the spouse of an active
military member 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 an active military member and their spouse 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 the significant investigative information of a remote
state, so long as 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 must
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 take
adverse actions as set forth in Subsection D of Section 4 of
this compact against a licensee's compact privilege in the
state.

F. 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.

G. If otherwise permitted by state law, recover from
the licensee the costs of investigations and disposition of
cases resulting from any adverse action taken against that
licensee.

H. The following conditions shall apply to 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;
and

(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.

I. The following conditions shall apply to the
authority to continue an 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; and

(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 this 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 whose membership
consists of all participating states that have enacted the
compact. The commission is 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. The following conditions shall apply to
participation, voting and meetings:

(1) each participating state shall have and be
limited to one commissioner selected by that 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 authority or authorities;

(3) the commission may by rule or bylaw
establish a term of office for commissioners and 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 sixty days of the
vacancy;

(6) each commissioner shall be entitled to one
vote on all matters that are voted upon by the commission; and

(7) the commission shall meet at least once
during each calendar year.

C. The commission shall have the following powers:

(1) establish the fiscal year of the
commission;

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

(3) adopt rules and bylaws;

(4) maintain its financial records in
accordance with the bylaws;

(5) meet and take such actions as are
consistent with the provisions of this compact, the commission's
rules and the bylaws;

(6) initiate and conclude legal proceedings or
actions in the name of the commission; provided that the
standing of any state licensing authority to sue or be sued
under applicable law shall not be affected;

(7) maintain and certify records and
information provided to a participating state as the

authenticated business records of the commission and designate a
person to do so on the commission's behalf;

(8) purchase and maintain insurance and bonds;

(9) borrow, accept or contract for services of
personnel, including employees of a participating state;

(10) conduct an annual financial review;

(11) hire employees, elect or appoint
officers, fix compensation, define duties, grant such
individuals appropriate authority to carry out the purposes of
the compact and establish 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 commission rules, charge
a fee to a licensee for the grant of a compact privilege in a
remote state, and thereafter, charge 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; provided that 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) accept any and all appropriate gifts,
donations, grants of money, other sources of revenue, equipment,
supplies, materials and services; and receive, utilize and
dispose of the same; provided that at all times the commission
shall avoid any appearance of impropriety or conflict of
interest;

(14) lease, purchase, retain, own, hold,
improve or use any property, real, personal or mixed or any
undivided interest therein;

(15) sell, convey, mortgage, pledge, lease,
exchange, abandon or otherwise dispose of any property, real,
personal or mixed;

(16) establish a budget and make expenditures;

(17) borrow money;

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

(19) provide and receive information from, and
cooperate with, law enforcement agencies;

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

(21) establish and elect an executive board;

(22) adopt and provide to the participating
states an annual report;

(23) determine 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) perform such other functions as may be
necessary or appropriate to achieve the purposes of this
compact.

D. The following conditions apply to meetings of the
commission:

(1) all meetings that are not closed pursuant
to this subsection shall be open to the public, and notice of
public meetings shall be posted on the commission's website at
least thirty days prior to the public meeting;

(2) notwithstanding Paragraph (1) of this
subsection, the commission may convene an emergency public
meeting by providing at least twenty-four hours prior notice on
the commission's website or any other means pursuant to the
commission's rules; provided that the commission's legal counsel
certify the that the emergency public meeting was called for a
permissible reason for which it may dispense with notice of
proposed rulemaking under Subsection H of Section 9 of this
compact;

(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; and

(4) a closed, nonpublic meeting may be held
for the commission to receive legal advice or to discuss matters
including:

(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) accusations that any person has
committed a crime or the formal censure of 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.

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

F. The commission shall keep minutes that fully and
clearly describe all matters discussed in a meeting and provide
a full and accurate summary of actions taken and the reasons
therefore, including a description of the views expressed, and
all documents considered in connection with an action shall be
identified in such minutes and the 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.

G. The financing of the commission shall be carried
out as follows. The commission:

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

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

(3) 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 must 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 with the aggregate annual assessment amount for
participating states allocated based upon a formula that the
commission shall promulgate by rule;

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

(5) shall keep accurate accounts of all
receipts and disbursements, subject to the financial review and
accounting procedures established under its bylaws and subject
to an annual financial review by a certified or licensed public
accountant, the report of which shall be included in the annual
report of the commission.

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

(1) overseeing the day-to-day activities of
the administration of the compact, including compliance with the
provisions of the compact and the commission's rules and bylaws;

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

(3) ensuring compact administration services
are appropriately provided, including by contract;

(4) preparing and recommending the budget;

(5) maintaining financial records on behalf of
the commission;

(6) monitoring compact compliance of
participating states and providing compliance reports to the
commission;

(7) establishing additional committees as
necessary;

(8) 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

(9) other duties as provided in the rules or
bylaws of the commission.

I. The executive board of the commission shall be
composed of up to seven voting members, including:

(1) the chair, vice chair, secretary and
treasurer; and

(2) up to three additional members who may be
elected by the commission from the current membership of the
commission.

J. The executive board of the commission may remove
any member of the executive board as provided in the
commission's bylaws.

K. The executive board of the commission shall meet
at least annually and ensure that:

(1) meetings at which the executive board of
the commission takes or intends to take formal action on a
matter be open to the public, except when dealing with any of
the matters covered under Paragraph (4) of Subsection D of this
section; and

(2) five business days' notice of public
meetings are provided, by posting notice on its 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.

L. The executive board of the commission may hold an
emergency meeting when acting for the commission to:

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

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

(3) protect public health and safety.

M. 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 subsection shall be construed to protect any
such person from suit or liability for any damage, loss, injury
or liability caused by the intentional or willful or wanton
misconduct of that person; and provided further that the
procurement of insurance of any type by the commission shall not
compromise or limit the immunity granted by this subsection.

N. The commission shall defend any member, officer,
executive director, employee or 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 herein shall
be construed to prohibit that person from retaining that
person's own counsel; and provided further that the actual or
alleged act, error or omission did not result from that person's
intentional or willful or wanton misconduct.

O. Notwithstanding the provisions of Subsection M of
this section, 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
that 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 or willful or wanton misconduct of the individual.

P. Nothing in this compact shall be:

(1) 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;

(2) 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
federal Sherman Act, the federal Clayton Act (Antitrust) or any
other state or federal antitrust or anticompetitive law or
regulation; and

(3) 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
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:

(1) identifying information;

(2) licensure data;

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

(4) non-confidential 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 reasons 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 will only be available
to other participating states.

E. It is 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 will 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 thirty 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:

(1) on the 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:

(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 therefor;

(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 the convenience of the commission at hearings
required by this section.

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

(1) may adopt changes to the proposed rule
provided the changes do not enlarge the original purpose of the
proposed rule;

(2) 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; and

(3) 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 thirty days after the commission issuing
the 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 twenty-four 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, in no event later than ninety days

after the effective date of the rule. For the purposes of this
provision, an emergency rule is one that must be adopted
immediately in order to:

(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 website of the commission.
The revision shall be subject to challenge by any person for a
period of thirty 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. 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.

B. 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.

C. 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.

D. Default, technical assistance and termination
shall be addressed by the commission.

E. 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 offer training and specific
technical assistance regarding the default.

F. The commission shall provide a copy of the notice
of default to the other participating states.

G. 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.

H. 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 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 applicable.

I. A state that has been terminated is responsible
for all assessments, obligations and liabilities incurred
through the effective date of termination, including obligations
that extend beyond the effective date of termination.

J. 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 one hundred eighty days
after the date of said notice of termination.

K. 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.

L. 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.

M. 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 non-participating states. The
commission shall promulgate a rule providing for both mediation
and binding dispute resolution for disputes as appropriate.

N. Enforcement of the compact shall be conducted by
the commission. The commission, in the reasonable exercise of
its discretion, shall enforce the provisions of this compact and
the commission's rules.

O. By 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.

P. 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.

Q. 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.

B. On or after the effective date of the compact,
the commission shall convene and review the enactment of the
compact by each of the states that enacted the compact to
determine if the statute enacted by each state is materially
different than the model compact. If the commission finds the
enactment of a participating state is materially different from
the model compact, the participating state shall be entitled to
the default process set forth in Section 10 of this compact.

C. If the commission later determines that a
participating state is in default or terminated or withdrew 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.

D. Participating states shall be subject to the
process set forth in Subsection B of this section to determine
if their enactments are materially different from the model
compact and whether they qualify for participation in the
compact.

E. 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.

F. 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.

G. Any participating state may withdraw from this
compact by enacting a statute repealing that state's enactment
of the compact; however:

(1) a participating state's withdrawal shall
not take effect until one hundred eighty days after enactment of
the repealing statute;

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

(3) upon the enactment of a statute
withdrawing from this compact, the state shall immediately
provide notice of such withdrawal to all licensees within that
state, and 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 one hundred

eighty days after the date of such notice of withdrawal.

H. 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 non-participating state that does not conflict with the
provisions of this compact.

I. 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
Subsection E 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.".

SECTION 2.
Section 61-5A-10 NMSA 1978 (being Laws 1994,
Chapter 55, Section 10, as amended) is amended to read:

"61-5A-10. POWERS AND DUTIES OF THE BOARD AND
COMMITTEE.--In addition to any other authority provided by law,
the board and the committee, when designated, shall:

A. enforce and administer the provisions of the
Dental Health Care Act and the Dental Amalgam Waste Reduction
Act;

B. promulgate in accordance with the State Rules
Act, all rules as necessary to:

(1) regulate the examination and licensure of
dentists and dental therapists and, through the committee,
regulate the examination and licensure of dental hygienists;

(2) provide for the examination and
certification of dental assistants by the board;

(3) provide for the regulation of dental
technicians by the board;

(4) regulate the practice of dentistry, dental
therapy and dental assisting and, through the committee,
regulate the practice of dental hygiene; and

(5) provide for the regulation and licensure
of non-dentist owners by the board;

C. adopt and use a seal;

D. administer oaths to all applicants, witnesses and
others appearing before the board or the committee, as
appropriate;

E. keep an accurate record of all meetings, receipts
and disbursements;

F. grant, deny, review, suspend and revoke licenses
and certificates to practice dentistry, dental therapy, dental
assisting and, through the committee, dental hygiene and
censure, reprimand, fine and place on probation and stipulation
dentists, dental therapists, dental assistants and, through the
committee, dental hygienists, in accordance with the Uniform
Licensing Act for any cause stated in the Dental Health Care Act
and the Dental Amalgam Waste Reduction Act;

G. grant, deny, review, suspend and revoke licenses
to own dental practices and censure, reprimand, fine and place
on probation and stipulation non-dentist owners, in accordance
with the Uniform Licensing Act, for any cause stated in the
Dental Health Care Act and the Dental Amalgam Waste Reduction
Act;

H. maintain records of the name, address, license
number and such other demographic data as may serve the needs
of the board of licensees, together with a record of license
renewals, suspensions, revocations, probations, stipulations,
censures, reprimands and fines. The board shall make available
composite reports of demographic data but shall limit public
access to information regarding individuals to their names,
addresses, license numbers and license actions or as required by
statute;

I. hire and contract for services from persons as
necessary to carry out the board's duties;

J. establish ad hoc committees whose members shall
be appointed by the chair with the advice and consent of the
board or committee and shall include at least one member of the
board or committee as it deems necessary for carrying on its
business;

K. have the authority to pay per diem and mileage to
persons who are appointed by the board or the committee to serve
on ad hoc committees;

L. have the authority to hire or contract with
investigators to investigate possible violations of the Dental
Health Care Act and the Dental Amalgam Waste Reduction Act;

M. have the authority to issue investigative
subpoenas prior to the issuance of a notice of contemplated
action for the purpose of investigating complaints against
dentists, dental therapists, dental assistants and, through the
committee, dental hygienists licensed under the Dental Health
Care Act and the Dental Amalgam Waste Reduction Act;

N. have the authority to sue or be sued and to
retain the services of an attorney at law for counsel and
representation regarding the carrying out of the board's duties;

O. have the authority to create and maintain a
formulary, in consultation with the board of pharmacy, of
medications that a dental therapist or dental hygienist may
prescribe, administer or dispense in accordance with rules the
board has promulgated; [
and
]

P. establish continuing education or continued
competency requirements for dentists, dental therapists,
certified dental assistants in expanded functions, dental
technicians and, through the committee, dental hygienists;

Q. prescribe the procedures, forms and manner of

submitting an applicant's full set of fingerprints for state

and federal criminal history background reports that the board
or committee uses to evaluate the applicant's qualification for
licensure; and

R. require an applicant, as a condition of
eligibility for initial licensure or initial privilege to
practice under the Dentist and Dental Hygienist Compact, to
submit a full set of fingerprints to the department of public
safety to obtain state and national criminal history record
information on the applicant. State and national criminal
history record reports are confidential and not public records.

The board and the committee shall not disseminate criminal
history record information across state lines
."

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