Alabama Senate Bill SB205 Introduced / Bill

                    SB205INTRODUCED
Page 0
SB205
K3SLA5U-1
By Senators Kitchens, Jones, Smitherman, Hatcher, Butler,
Allen, Givhan, Melson, Sessions, Carnley, Bell, Kelley,
Shelnutt, Stutts, Roberts, Elliott, Waggoner, Gudger,
Williams, Price, Chesteen, Orr, Stewart, Coleman,
Coleman-Madison, Beasley
RFD: Veterans and Military Affairs
First Read: 06-Mar-24
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9 K3SLA5U-1 02/23/2024 MAP (L)ma 2024-876
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First Read: 06-Mar-24
SYNOPSIS:
This bill would allow the Board of Dental
Examiners to enter into the Dentist and Dental
Hygienist Compact by adopting Article 5 of Chapter 9 of
Title 34, Code of Alabama 1975, as a means of providing
uniformity in licensing requirements and interstate
practice throughout party states. 
A BILL
TO BE ENTITLED
AN ACT
Relating to the Board of Dental Examiners; to add
Article 5 to Chapter 9 of Title 34, Code of Alabama 1975, to
adopt the Dentist and Dental Hygienist Compact.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Article 5 is added to Chapter 9 of Title 34,
Code of Alabama 1975, to read as follows:
ARTICLE 5. DENTIST AND DENTAL HYGIENIST COMPACT.
§34-9-100. Title and Purpose.
This article 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
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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 dentists and
dental hygienists, through the state's authority to regulate
the practice of dentistry and dental hygiene in the state. The
compact does all of the following:
(1) 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.
(2) Promotes mobility and addresses workforce shortages
through each participating state's acceptance of a compact
privilege to practice in that state.
(3) Increases public access to qualified, licensed
dentists and dental hygienists by creating a responsible,
streamlined pathway for licensees to practice in participating
states.
(4) Enhances the ability of participating states to
protect the public's health and safety.
(5) Does not interfere with licensure requirements
established by a participating state.
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established by a participating state.
(6) Facilitates the sharing of licensure and
disciplinary information among participating states.
(7) 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.
(8) 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.
(9) Promotes the cooperation of participating states in
regulating the practice of dentistry and dental hygiene within
those states.
(10) Facilitates the relocation of military members and
their spouses who are licensed to practice dentistry or dental
hygiene.
§34-9-101. Definitions.
As used in this compact, the following terms have the
following meanings:
(1) ACTIVE MILITARY MEMBER. Any individual with
full-time duty status in the Armed Forces of the United
States, including members of the National Guard and Reserve.
(2) ADVERSE ACTION. Disciplinary action or encumbrance
imposed on a license or compact privilege by a state licensing
authority.
(3) ALTERNATIVE PROGRAM. A non-disciplinary monitoring
or practice remediation process applicable to a dentist or
dental hygienist approved by a state licensing authority of a
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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 state action.
(4) CLINICAL ASSESSMENT. 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.
(5) COMMISSIONER. The individual appointed by a
participating state to serve as the member of the commission
for that participating state.
(6) COMPACT. The dentist and dental hygienist compact.
(7) COMPACT PRIVILEGE. 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.
(8) CONTINUING PROFESSIONAL DEVELOPMENT. 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.
(9) CRIMINAL BACKGROUND CHECK. 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).
(10) DATA SYSTEM. The commission's repository of
information about licensees, including, but not limited to,
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information about licensees, including, but not limited to,
examination, licensure, investigative, compact privilege,
state action, and alternative program.
(11) DENTAL HYGIENIST. An individual who is licensed by
a state licensing authority to practice dental hygiene.
(12) DENTIST. An individual who is licensed by a state
licensing authority to practice dentistry.
(13) DENTIST AND DENTAL HYGIENIST COMPACT COMMISSION. 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.
(14) ENCUMBERED LICENSE. A license that a state
licensing authority has limited in any way other than through
an alternative program.
(15) EXECUTIVE BOARD. The chair, vice chair, secretary,
and treasurer, and any other commissioners as may be
determined by commission rule or bylaw.
(16) JURISPRUDENCE REQUIREMENT. 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.
(17) LICENSE. 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.
(18) LICENSEE. An individual who holds an unrestricted
license from a participating state to practice as a dentist or
dental hygienist in that state.
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dental hygienist in that state.
(19) 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.
(20) PARTICIPATING STATE. A state that has enacted the
compact and been admitted to the commission in accordance with
the provisions in this compact and commission rules.
(21) QUALIFYING LICENSE. A license that is not an
encumbered license issued by a participating state to practice
dentistry or dental hygiene.
(22) REMOTE STATE. 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.
(23) RULE. A regulation adopted by an entity that has
the force of law.
(24) SCOPE OF PRACTICE. 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. The procedures, actions,
and processes and the circumstances under which they may be
undertaken may be established through means, including, but
not limited to, statute, rules, case law, and other processes
available to the state licensing authority or other government
agency.
(25) SIGNIFICANT INVESTIGATIVE INFORMATION.
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
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which a determination has been made that there is probable
cause to believe that the licensee has violated a statute or
rule that is considered more than a minor infraction for which
the state licensing authority could pursue state action
against the licensee.
(26) STATE. Any state, commonwealth, district, or
territory of the United States of America that regulates the
practices of dentistry and dental hygiene.
(27) STATE LICENSING AUTHORITY. An agency or other
entity of a state that is responsible for the licensing and
regulation of dentists or dental hygienists.
§34-9-102. State Participation in the Compact.
(a) In order to join the compact and thereafter
continue as a participating state, a state must do all of the
following:
(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 state 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
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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.
(12) Pay a participation fee to the commission as
established by commission rule.
(b) A state is not disqualified from participating in
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(b) A state is not disqualified from participating in
the compact by providing alternative pathways for an
individual to obtain an unrestricted license.
(c) When conducting a criminal background check the
state licensing authority shall do all of the following:
(1) Consider the information disclosed in the criminal
background check 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.
(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.
§34-9-103. Compact Privilege.
(a) To obtain and exercise the compact privilege under
the terms and provisions of the compact, the licensee must do
all of the following:
(1) Possess 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).
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state in accordance with subsections (d), (g), and (h).
(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) Pass a National Board Examination of the Joint
Commission on National Dental Examinations or another
examination accepted by commission rule.
(7) For a dentist, be a 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.
(8) For a dental hygienist, be a 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.
(9) Successfully complete a clinical assessment for
licensure.
(10) Report to the commission state action taken by any
non-participating state when applying for a compact privilege
and, otherwise, within 30 days from the date the state action
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and, otherwise, within 30 days from the date the state 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.
(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) 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, in
accordance with due process and that state's laws, may by
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accordance with due process and that state's laws, may by
state 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 a
state action against a compact privilege that limits the
compact privilege, that state 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) 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 both of the following occur:
(1) The specific period of time for which the compact
privilege was removed has ended.
(2) All conditions for removal of the compact privilege
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(2) All conditions for removal of the compact privilege
have been satisfied.
(h) Once the requirements of subsection (g) have been
met, the licensee must meet the requirements in subsection (a)
to obtain a compact privilege in a remote state.
§34-9-104. Active Military Member or Their Spouse.
An active military member or his or her 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,
the state may choose to charge a reduced fee or no fee to an
active military member or his or her spouse for a compact
privilege.
§34-9-105. State Actions.
(a) A participating state in which a licensee is
licensed shall have exclusive authority to impose state action
against the qualifying license issued by that participating
state.
(b) A participating state may take state action based
on the significant investigative information of a remote
state, so long as the participating state follows its own
procedures for imposing state 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 state 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
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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 the
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 rules 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 do all
of the following:
(1) Take state actions as set forth in Section
34-9-103(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, the remote state
may 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
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other fees required by the service statutes of the state where
the witnesses or evidence are located.
(3) If otherwise permitted by state law, the remote
state may recover from the licensee the costs of
investigations and disposition of cases resulting from any
state 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 34-9-107(b)(6) as if
it was significant investigative information.
§34-9-106. Establishment and Operation of the
Commission.
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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
34-9-110(a).
(b) 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
the 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 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
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(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 power to do all of
the following:
(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 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
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(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 in this subdivision 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 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.
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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 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 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.
(24) Perform any other functions that 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 30 days prior to the public meeting.
(2) Notwithstanding subsection (d)(1), the commission
may convene an emergency public meeting by providing at least
24-hour prior notice on the commission's website, and any
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24-hour 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 34-9-108(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 any of the following:
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 individual of a crime or formally
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f. Accusing any individual of a crime or formally
censuring any individual.
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.
m. Other matters as adopted 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
that 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 supporting the actions taken, including a description
of the views expressed. All documents considered in connection
with an action shall be identified in the minutes. All minutes
and documents of a closed meeting shall remain under seal,
subject to release only by a majority vote of the commission
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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 all appropriate sources
of revenue, donations, 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 adopt by rule.
(4) The commission shall not incur obligations of any
kind prior to securing the funds adequate to meet those
obligations; 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
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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 all of the following:
a. 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.
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
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adopting or amending rules, adopting or amending bylaws, and
exercising any other powers and duties expressly reserved to
the commission by rule or bylaw.
i. Other duties as provided in the rules or bylaws of
the commission.
(2) The executive board shall be composed of up to
seven members. 
a. The chair, vice chair, secretary, and treasurer of
the commission, and any other members of the commission who
serve on the executive board shall be voting members of the
executive board.
b. Other than the chair, vice chair, secretary, and
treasurer, the commission may elect up to three 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 subdivision (d)(4).
b. The executive board shall give five 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 for any of the following
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when acting for the commission for any of the following
reasons:
a. Meet an imminent threat to public health, safety, or
welfare.
b. Prevent a loss of commission or participating state
funds.
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 individual 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 subdivision
shall be construed to protect any individual from suit or
liability for any damage, loss, injury, or liability caused by
the intentional, willful, or wanton misconduct of that
individual. The procurement of insurance of any type by the
commission shall not in any way compromise or limit the
immunity granted under this subdivision.
(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,
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that occurred within the scope of commission employment,
duties, or responsibilities, or as determined by the
commission that the person against whom the claim is made had
a reasonable basis for believing occurred within the scope of
commission employment, duties, or responsibilities; provided
that nothing in this subdivision shall be construed to
prohibit that individual from retaining his or her own counsel
at his or her own expense; and provided further, that the
actual or alleged act, error, or omission did not result from
that individual's intentional, willful, or wanton misconduct.
(3) Notwithstanding subdivision (1), 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 individual 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 the individual, provided that the
actual or alleged act, error, or omission did not result from
the intentional, willful, or wanton misconduct of the
individual.
(4) Nothing in this subdivision 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
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(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.
§34-9-107. Data System.
(a) The commission shall provide for the development,
maintenance, operation, and utilization of a coordinated
database and reporting system containing licensure, state
action, and the presence of significant investigative
information on all licensees and applicants for a license in
participating states.
(b) Notwithstanding any other provision of state law to
the contrary, a participating state shall submit a uniform
data set to the data system on all individuals to whom this
compact is applicable as required by the rules of the
commission, including all of the following:
(1) Identifying information.
(2) Licensure data.
(3) State 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
participation in the program, and other information related to
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participation in the program, and other information related to
participation.
(5) Any denial of an application for licensure, and the
reason for such denial, excluding the reporting of any
criminal history record information where prohibited by law.
(6) The presence of significant investigative
information.
(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 of
the commission 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 state
action has been taken against a licensee or license applicant.
State 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
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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.
§34-9-108. Rulemaking.
(a) The commission shall adopt 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
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(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 the rule shall have
no further force and effect in any participating state or to
any state applying to participate in the compact.
(e) Rules shall be adopted at a regular or special
meeting of the commission.
(f) Prior to adoption of a proposed rule, the
commission shall hold a public hearing and allow persons to
provide oral and written comments, data, facts, opinions, and
arguments.
(g) Prior to adoption of a proposed rule by the
commission, and at least 30 days in advance of the meeting at
which the commission will hold a public hearing on the
proposed rule, the commission shall provide a notice of
proposed rulemaking by all of the following:
(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.
(3) In other ways as the commission may by rule
specify.
(h) The notice of proposed rulemaking shall include all
of the following:
(1) The time, date, and location of the public hearing
at which the commission will hear public comments on the
proposed rule and, if different, the time, date, and location
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proposed rule and, if different, the time, date, and location
of the meeting where the commission will consider and vote on
the proposed rule.
(2) If the hearing is held via telecommunication, video
conference, or other electronic means, the commission shall
include the mechanism for access to the hearing in the notice
of proposed rulemaking.
(3) The text of the proposed rule and the reason for
its proposal.
(4) A request for comments on the proposed rule from
any interested person.
(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, by majority vote of all
commissioners, shall 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
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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 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 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 do any of the following:
(1) Meet an imminent threat to public health, safety,
or welfare.
(2) Prevent a loss of commission or participating state
funds.
(3) Meet a deadline for the adoption of a rule that is
established by federal law or rule.
(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
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notice of any revisions shall be posted on the website of the
commission. The revision shall be subject to challenge by any
individual for a period of 30 days after posting. The revision
may be challenged only on grounds that the revision results in
a material change to a rule. A challenge shall be made in
writing and delivered to the commission prior to the end of
the notice period. If no challenge is made, the revision will
take effect without further action. If the revision is
challenged, the revision may not take effect without the
approval of the commission.
(n) No participating state's rulemaking requirements
shall apply under this compact.
§34-9-109. 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 in this subdivision shall affect or limit
the selection or propriety of venue in any action against a
licensee for professional malpractice, misconduct, or any
similar matter.
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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 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 adopted 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 adopted 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
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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 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
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shall be awarded all costs of such litigation, including
reasonable attorney fees.
(i) Dispute resolution.
(1) Upon request by a participating state, the
commission shall attempt to resolve disputes related to the
compact that arise among participating states and between
participating states and non-participating states.
(2) The commission shall adopt 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 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
adopted 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 in this subdivision 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
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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 adopted 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 litigation, including
reasonable attorney fees.
(4) No individual or entity other than a participating
state may enforce this compact against the commission.
§34-9-110. 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, the charter participating states, to determine if
the statute enacted by each 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
34-9-109.
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.
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should be less than seven.
(2) Participating states enacting the compact
subsequent to the charter participating states shall be
subject to the process set forth in Section 34-9-106(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 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 state action
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authorities to comply with the investigative and state 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
the withdrawal to all licensees within that state.
Notwithstanding any subsequent statutory enactment to the
contrary, the withdrawing state shall continue to recognize
all compact privileges to practice within that state granted
pursuant to this compact for a minimum of 180 days after the
date of such notice of withdrawal.
(c) Nothing contained in this compact shall be
construed to invalidate or prevent any licensure agreement or
other cooperative arrangement between a participating state
and a 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.
§34-9-111. 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 adoption 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,
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(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, the commission may
deny a state's participation in the compact or, in accordance
with the requirements of Section 34-9-109(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.
§34-9-112. Consistent Effect and Conflict With Other
State Laws. 
(a) Nothing in this compact 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, rules, or other legal
requirements in a participating state in conflict with the
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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.
§34-9-113. Judicial Proceedings by Individuals.
Except as to judicial proceedings for the enforcement
of this compact among member states, individuals may pursue
judicial proceedings related to this compact in any Alabama
state or federal court that would otherwise have competent
jurisdiction.
Section 2. This act shall become effective on October
1, 2024.
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