Relating to the Dentist and Dental Hygienist Compact; authorizing fees.

89(R) HB 1803 - Engrossed version - Bill Text

89R2093 SCP-D

By: Harless

H.B. No. 1803

A BILL TO BE ENTITLED

AN ACT

relating to the Dentist and Dental Hygienist Compact; authorizing

fees.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle D, Title 3, Occupations Code, is

amended by adding Chapter 268 to read as follows:

CHAPTER 268. DENTIST AND DENTAL HYGIENIST COMPACT

Sec.

268.001.

DENTIST AND DENTAL HYGIENIST COMPACT. The

Dentist and Dental Hygienist Compact is enacted and entered into

with all other jurisdictions that legally join in the compact,

which reads as follows:

DENTIST AND DENTAL HYGIENIST COMPACT

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 a

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 State in

regulating the practice of dentistry and dental hygiene

within those States;

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 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. This includes, but is not limited

to, programs to which Licensees with substance abuse or

addiction issues are referred in lieu of Adverse Action.

D.

"Clinical Assessment" means examination or 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 this 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. § 20.3(d) from the Federal Bureau of

Investigation and the State's criminal history record

repository as defined in 28 C.F.R. § 20.3(f).

J.

"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.

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" 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. Such

procedures, actions and processes and the circumstances

under which they may be undertaken may be established

through means, including, but not limited to, 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.

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 must:

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 (D.D.S.) or Doctor of Dental

Medicine (D.M.D.) 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 to 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 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 (D.D.S.)

or Doctor of Dental Medicine (D.M.D.) 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 (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.

The Licensee must comply with the requirements of 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 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 THEIR SPOUSES

An Active Military Member and their spouse 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 non-public 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:

1.

Take Adverse Actions as set forth in Section 4.D 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 investigations 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 Section 8.B.6 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 Section 11A.

B. Participation, Voting, and Meetings

1.

Each Participating State shall have and be limited to one

(1) 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 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 sixty (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. 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, but not limited to, 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 the Commission Rules, charge 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, 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. 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 and/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, and 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. 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 website at least thirty (30) days prior to

the public meeting.

2.

Notwithstanding subsection D.1 of this section, the

Commission may convene an emergency public meeting by

providing at least twenty-four (24) hours prior notice on

the Commission's 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 Section

9.L. 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, non-public meeting

for the Commission to receive legal advice or to discuss:

a.

Non-compliance 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 therefore, 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 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. 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 its 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 this 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 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 (7)

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, the Commission may elect up to three (3)

voting members 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 it 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, non-public session of a public

meeting when dealing with any of the matters covered

under subsection D.4.

b.

The Executive Board shall give five (5) business

days' notice of its public meetings, posted 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.

5.

The Executive Board may hold an emergency meeting when

acting for the Commission to:

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 or 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 herein shall be

construed to prohibit that person from retaining their own

counsel at their own expense; 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.

3.

Notwithstanding subsection G.1 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.

4.

Nothing herein 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, 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:

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

reason(s) 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 (4) 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 (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:

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 way(s) 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 will 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.

1.

The Commission may adopt changes to the proposed Rule

provided the changes do not enlarge the original purpose

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, the effective date of the Rule shall be no

sooner than thirty (30) 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 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,

in no event later than ninety (90) 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 (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 does 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 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 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.

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

one hundred eighty (180) days after the date of said 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 U.S. 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's 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 non-Participating 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 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's 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 U.S. 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's 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 (“Charter Participating States”) to

determine if the statute enacted by each such Charter

Participating State is materially different than the Model

Compact.

a.

A Charter Participating State whose enactment is

found to be materially different from the Model

Compact shall be entitled to the default process set

forth in Section 10.

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 (7).

2.

Participating States enacting the Compact subsequent to

the Charter Participating States shall be subject to the

process set forth in Section 7.C.23 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 that State's enactment of the

Compact.

1.

A Participating State's withdrawal shall not take effect

until one hundred eighty (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 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 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 one

hundred eighty (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

non-Participating 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 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.B, 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.

Sec.

268.002.

ADMINISTRATION OF COMPACT. The board is the

Dentist and Dental Hygienist Compact administrator for this state.

Sec.

268.003.

RULES. The board may adopt rules necessary to

implement this chapter.

SECTION 2. This Act takes effect September 1, 2025.