Arkansas 2025 Regular Session

Arkansas Senate Bill SB111 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 395 of the Regular Session
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4		-
5		-	State of Arkansas As Engrossed: H3/12/25 1
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	3	+	State of Arkansas 1
6	4		95th General Assembly A Bill 2
7	5		Regular Session, 2025 SENATE BILL 111 3
8	6		4
9	7		By: Senator K. Hammer 5
10	8		By: Representative L. Johnson 6
11	9		7
12	10		For An Act To Be Entitled 8
13	11		AN ACT TO ESTABLISH THE DENTIST AND DENTAL HYGIENIST 9
14	12		COMPACT; AND FOR OTHER PURPOSES. 10
15	13		11
16	14		12
17	15		Subtitle 13
18	16		TO ESTABLISH THE DENTIST AND DENTAL 14
19	17		HYGIENIST COMPACT. 15
20	18		16
21	19		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 17
22	20		18
23	21		SECTION 1. Arkansas Code Title 17, Chapter 82, is amended to add an 19
24	22		additional subchapter to read as follows: 20
25	23		Subchapter 9 — Dentist and Dental Hygienist Compact 21
26	24		22
27	25		17-82-901. Text of compact. 23
28	26		The Dentist and Dental Hygienist Compact is enacted into law and 24
29	27		entered into by this state with all states legally joining therein and in the 25
30	28		form substantially as follows: 26
31	29		27
32	30		DENTIST AND DENTAL HYGIENIST COMPACT 28
33	31		29
34	32		SECTION 1. TITLE AND PURPOSE 30
35	33		This statute shall be known and cited as the Dentist and Dental 31
36	34		Hygienist Compact. The purposes of this Compact are to facilitate the 32
37	35		interstate practice of dentistry and dental hygiene and improve public access 33
38	36		to dentistry and dental hygiene services by providing Dentists and Dental 34
39	37		Hygienists licensed in a Participating State the ability to practice in 35
40		-	Participating States in which they are not licensed. The Compact does this by 36 ~~As Engrossed: H3/12/25~~ SB111
	38	+	Participating States in which they are not licensed. The Compact does this by 36 SB111
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45	41		establishing a pathway for Dentists and Dental Hygienists licensed in a 1
46	42		Participating State to obtain a Compact Privilege that authorizes them to 2
47	43		practice in another Participating State in which they are not licensed. The 3
48	44		Compact enables Participating States to protect the public health and safety 4
49	45		with respect to the practice of such Dentists and Dental Hygienists, through 5
50	46		the State’s authority to regulate the practice of dentistry and dental 6
51	47		hygiene in the State. The Compact: 7
52	48		A. Enables Dentists and Dental Hygienists who qualify for a Compact 8
53	49		Privilege to practice in other Participating States without satisfying 9
54	50		burdensome and duplicative requirements associated with securing a License to 10
55	51		practice in those States; 11
56	52		B. Promotes mobility and addresses workforce shortages through each 12
57	53		Participating State’s acceptance of a Compact Privilege to practice in that 13
58	54		State; 14
59	55		C. Increases public access to qualified, licensed Dentists and Dental 15
60	56		Hygienists by creating a responsible, streamlined pathway for Licensees to 16
61	57		practice in Participating States; 17
62	58		D. Enhances the ability of Participating States to protect the 18
63	59		public’s health and safety; 19
64	60		E. Does not interfere with licensure requirements established by a 20
65	61		Participating State; 21
66	62		F. Facilitates the sharing of licensure and disciplinary information 22
67	63		among Participating States; 23
68	64		G. Requires Dentists and Dental Hygienists who practice in a 24
69	65		Participating State pursuant to a Compact Privilege to practice within the 25
70	66		Scope of Practice authorized in that State; 26
71	67		H. Extends the authority of a Participating State to regulate the 27
72	68		practice of dentistry and dental hygiene within its borders to Dentists and 28
73	69		Dental Hygienists who practice in the State through a Compact Privilege; 29
74	70		I. Promotes the cooperation of Participating States in regulating the 30
75	71		practice of dentistry and dental hygiene within those States; 31
76	72		J. Facilitates the relocation of military members and their spouses 32
77	73		who are licensed to practice dentistry or dental hygiene. 33
78	74		34
79	75		SECTION 2. DEFINITIONS 35
80		-	As used in this Compact, unless the context requires otherwise, the 36 ~~As Engrossed: H3/12/25~~ SB111
	76	+	As used in this Compact, unless the context requires otherwise, the 36 SB111
81	77
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85	79		following definitions shall apply: 1
86	80		A. “Active Military Member” means any person with full -time duty 2
87	81		status in the armed forces of the United States, including members of the 3
88	82		National Guard and Reserve. 4
89	83		B. “Adverse Action” means disciplinary action or encumbrance imposed 5
90	84		on a License or Compact Privilege by a State Licensing Authority. 6
91	85		C. “Alternative Program” means a non -disciplinary monitoring or 7
92	86		practice remediation process applicable to a Dentist or Dental Hygienist 8
93	87		approved by a State Licensing Authority of a Participating State in which the 9
94	88		Dentist or Dental Hygienist is licensed. This includes, but is not limited 10
95	89		to, programs to which Licensees with substance abuse or addiction issues are 11
96	90		referred in lieu of Adverse Action. 12
97	91		D. “Clinical Assessment” means examination or process, required for 13
98	92		licensure as a Dentist or Dental Hygienist as applicable, that provides 14
99	93		evidence of clinical competence in dentistry or dental hygiene. 15
100	94		E. “Commissioner” means the individual appointed by a Participating 16
101	95		State to serve as the member of the Commission for that Participating State. 17
102	96		F. “Compact” means this Dentist and Dental Hygienist Compact. 18
103	97		G. “Compact Privilege” means the authorization granted by a Remote 19
104	98		State to allow a Licensee from a Participating State to practice as a Dentist 20
105	99		or Dental Hygienist in a Remote State. 21
106	100		H. “Continuing Professional Development” means a requirement, as a 22
107	101		condition of License renewal to provide evidence of successful participation 23
108	102		in educational or professional activities relevant to practice or area of 24
109	103		work. 25
110	104		I. “Criminal Background Check” means the submission of fingerprints or 26
111	105		other biometric-based information for a License applicant for the purpose of 27
112	106		obtaining that applicant’s criminal history record information, as defined in 28
113	107		28 C.F.R. § 20.3(d) from the Federal Bureau of Investigation and the State’s 29
114	108		criminal history record repository as defined in 28 C.F.R. § 20.3(f). 30
115	109		J. “Data System” means the Commission’s repository of information 31
116	110		about Licensees, including but not limited to examination, licensure, 32
117	111		investigative, Compact Privilege, Adverse Action, and Alternative Program. 33
118	112		K. “Dental Hygienist” means an individual who is licensed by a State 34
119	113		Licensing Authority to practice dental hygiene. 35
120		-	L. “Dentist” means an individual who is licensed by a State Licensing 36 ~~As Engrossed: H3/12/25~~ SB111
	114	+	L. “Dentist” means an individual who is licensed by a State Licensing 36 SB111
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125	117		Authority to practice dentistry. 1
126	118		M. “Dentist and Dental Hygienist Compact Commission” or “Commission” 2
127	119		means a joint government agency established by this Compact comprised of each 3
128	120		State that has enacted the Compact and a national administrative body 4
129	121		comprised of a Commissioner from each State that has enacted the Compact. 5
130	122		N. “Encumbered License” means a License that a State Licensing 6
131	123		Authority has limited in any way other than through an Alternative Program. 7
132	124		O. “Executive Board” means the Chair, Vice Chair, Secretary and 8
133	125		Treasurer and any other Commissioners as may be determined by Commission Rule 9
134	126		or bylaw. 10
135	127		P. “Jurisprudence Requirement” means the assessment of an individual’s 11
136	128		knowledge of the laws and Rules governing the practice of dentistry or dental 12
137	129		hygiene, as applicable, in a State. 13
138	130		Q. “License” means current authorization by a State, other than 14
139	131		authorization pursuant to a Compact Privilege, or other privilege, for an 15
140	132		individual to practice as a Dentist or Dental Hygienist in that State. 16
141	133		R. “Licensee” means an individual who holds an unrestricted License 17
142	134		from a Participating State to practice as a Dentist or Dental Hygienist in 18
143	135		that State. 19
144	136		S. “Model Compact” means the model for the Dentist and Dental 20
145	137		Hygienist Compact on file with the Council of State Governments or other 21
146	138		entity as designated by the Commission. 22
147	139		T. “Participating State” means a State that has enacted the Compact 23
148	140		and been admitted to the Commission in accordance with the provisions herein 24
149	141		and Commission Rules. 25
150	142		U. “Qualifying License” means a License that is not an Encumbered 26
151	143		License issued by a Participating State to practice dentistry or dental 27
152	144		hygiene. 28
153	145		V. “Remote State” means a Participating State where a Licensee who is 29
154	146		not licensed as a Dentist or Dental Hygienist is exercising or seeking to 30
155	147		exercise the Compact Privilege. 31
156	148		W. “Rule” means a regulation promulgated by an entity that has the 32
157	149		force of law. 33
158	150		X. “Scope of Practice” means the procedures, actions, and processes a 34
159	151		Dentist or Dental Hygienist licensed in a State is permitted to undertake in 35
160		-	that State and the circumstances under which the Licensee is permitted to 36 ~~As Engrossed: H3/12/25~~ SB111
	152	+	that State and the circumstances under which the Licensee is permitted to 36 SB111
161	153
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165	155		undertake those procedures, actions and processes. Such procedures, actions 1
166	156		and processes and the circumstances under which they may be undertaken may be 2
167	157		established through means, including, but not limited to, statute, 3
168	158		regulations, case law, and other processes available to the State Licensing 4
169	159		Authority or other government agency. 5
170	160		Y. “Significant Investigative Information” means information, records, 6
171	161		and documents received or generated by a State Licensing Authority pursuant 7
172	162		to an investigation for which a determination has been made that there is 8
173	163		probable cause to believe that the Licensee has violated a statute or 9
174	164		regulation that is considered more than a minor infraction for which the 10
175	165		State Licensing Authority could pursue Adverse Action against the Licensee. 11
176	166		Z. “State” means any state, commonwealth, district, or territory of 12
177	167		the United States of America that regulates the practices of dentistry and 13
178	168		dental hygiene. 14
179	169		AA. “State Licensing Authority” means an agency or other entity of a 15
180	170		State that is responsible for the licensing and regulation of Dentists or 16
181	171		Dental Hygienists. 17
182	172		18
183	173		SECTION 3. STATE PARTICIPATION IN THE COMPACT 19
184	174		A. In order to join the Compact and thereafter continue as a 20
185	175		Participating State, a State must: 21
186	176		1. Enact a compact that is not materially different from the 22
187	177		Model Compact as determined in accordance with Commission Rules; 23
188	178		2. Participate fully in the Commission’s Data System; 24
189	179		3. Have a mechanism in place for receiving and investigating 25
190	180		complaints about its Licensees and License applicants; 26
191	181		4. Notify the Commission, in compliance with the terms of the 27
192	182		Compact and Commission Rules, of any Adverse Action or the availability of 28
193	183		Significant Investigative Information regarding a Licensee and License 29
194	184		applicant; 30
195	185		5. Fully implement a Criminal Background Check requirement, 31
196	186		within a time frame established by Commission Rule, by receiving the results 32
197	187		of a qualifying Criminal Background Check; 33
198	188		6. Comply with the Commission Rules applicable to a 34
199	189		Participating State; 35
200		-	7. Accept the National Board Examinations of the Joint 36 ~~As Engrossed: H3/12/25~~ SB111
	190	+	7. Accept the National Board Examinations of the Joint 36 SB111
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205	193		Commission on National Dental Examinations or another examination accepted by 1
206	194		Commission Rule as a licensure examination; 2
207	195		8. Accept for licensure those applicants for a Dentist License 3
208	196		who have graduated from a predoctoral dental education program accredited by 4
209	197		the Commission on Dental Accreditation, or another accrediting agency 5
210	198		recognized by the United States Department of Education for the accreditation 6
211	199		of dentistry and dental hygiene education programs, leading to the Doctor of 7
212	200		Dental Surgery (D.D.S.) or Doctor of Dental Medicine (D.M.D.) degree; 8
213	201		9. Accept for licensure those applicants for a Dental Hygienist 9
214	202		License who have graduated from a dental hygiene education program accredited 10
215	203		by the Commission on Dental Accreditation or another accrediting agency 11
216	204		recognized by the United States Department of Education for the accreditation 12
217	205		of dentistry and dental hygiene education programs; 13
218	206		10. Require for licensure that applicants successfully complete 14
219	207		a Clinical Assessment; 15
220	208		11. Have Continuing Professional Development requirements as a 16
221	209		condition for License renewal; and 17
222	210		12. Pay a participation fee to the Commission as established by 18
223	211		Commission Rule. 19
224	212		B. Providing alternative pathways for an individual to obtain an 20
225	213		unrestricted License does not disqualify a State from participating in the 21
226	214		Compact. 22
227	215		C. When conducting a Criminal Background Check the State Licensing 23
228	216		Authority shall: 24
229	217		1. Consider that information in making a licensure decision; 25
230	218		2. Maintain documentation of completion of the Criminal 26
231	219		Background Check and background check information to the extent allowed by 27
232	220		State and federal law; and 28
233	221		3. Report to the Commission whether it has completed the 29
234	222		Criminal Background Check and whether the individual was granted or denied a 30
235	223		License. 31
236	224		D. A Licensee of a Participating State who has a Qualifying License in 32
237	225		that State and does not hold an Encumbered License in any other Participating 33
238	226		State, shall be issued a Compact Privilege in a Remote State in accordance 34
239	227		with the terms of the Compact and Commission Rules. If a Remote State has a 35
240		-	Jurisprudence Requirement a Compact Privilege will not be issued to the 36 ~~As Engrossed: H3/12/25~~ SB111
	228	+	Jurisprudence Requirement a Compact Privilege will not be issued to the 36 SB111
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245	231		Licensee unless the Licensee has satisfied the Jurisprudence Requirement. 1
246	232		2
247	233		SECTION 4. COMPACT PRIVILEGE 3
248	234		A. To obtain and exercise the Compact Privilege under the terms and 4
249	235		provisions of the Compact, the Licensee shall: 5
250	236		1. Have a Qualifying License as a Dentist or Dental Hygienist in 6
251	237		a Participating State; 7
252	238		2. Be eligible for a Compact Privilege in any Remote State in 8
253	239		accordance with D, G and H of this section; 9
254	240		3. Submit to an application process whenever the Licensee is 10
255	241		seeking a Compact Privilege; 11
256	242		4. Pay any applicable Commission and Remote State fees for a 12
257	243		Compact Privilege in the Remote State; 13
258	244		5. Meet any Jurisprudence Requirement established by a Remote 14
259	245		State in which the Licensee is seeking a Compact Privilege; 15
260	246		6. Have passed a National Board Examination of the Joint 16
261	247		Commission on National Dental Examinations or another examination accepted by 17
262	248		Commission Rule; 18
263	249		7. For a Dentist, have graduated from a predoctoral dental 19
264	250		education program accredited by the Commission on Dental Accreditation, or 20
265	251		another accrediting agency recognized by the United States Department of 21
266	252		Education for the accreditation of dentistry and dental hygiene education 22
267	253		programs, leading to the Doctor of Dental Surgery (D.D.S.) or Doctor of 23
268	254		Dental Medicine (D.M.D.) degree; 24
269	255		8. For a Dental Hygienist, have graduated from a dental hygiene 25
270	256		education program accredited by the Commission on Dental Accreditation or 26
271	257		another accrediting agency recognized by the United States Department of 27
272	258		Education for the accreditation of dentistry and dental hygiene education 28
273	259		programs; 29
274	260		9. Have successfully completed a Clinical Assessment for 30
275	261		licensure; 31
276	262		10. Report to the Commission Adverse Action taken by any non -32
277	263		Participating State when applying for a Compact Privilege and, otherwise, 33
278	264		within thirty (30) days from the date the Adverse Action is taken; 34
279	265		11. Report to the Commission when applying for a Compact 35
280		-	Privilege the address of the Licensee’s primary residence and thereafter 36 ~~As Engrossed: H3/12/25~~ SB111
	266	+	Privilege the address of the Licensee’s primary residence and thereafter 36 SB111
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285	269		immediately report to the Commission any change in the address of the 1
286	270		Licensee’s primary residence; and 2
287	271		12. Consent to accept service of process by mail at the 3
288	272		Licensee’s primary residence on record with the Commission with respect to 4
289	273		any action brought against the Licensee by the Commission or a Participating 5
290	274		State, and consent to accept service of a subpoena by mail at the Licensee’s 6
291	275		primary residence on record with the Commission with respect to any action 7
292	276		brought or investigation conducted by the Commission or a Participating 8
293	277		State. 9
294	278		B. The Licensee must comply with the requirements of subsection A of 10
295	279		this section to maintain the Compact Privilege in the Remote State. If those 11
296	280		requirements are met, the Compact Privilege will continue as long as the 12
297	281		Licensee maintains a Qualifying License in the State through which the 13
298	282		Licensee applied for the Compact Privilege and pays any applicable Compact 14
299	283		Privilege renewal fees. 15
300	284		C. A Licensee providing dentistry or dental hygiene in a Remote State 16
301	285		under the Compact Privilege shall function within the Scope of Practice 17
302	286		authorized by the Remote State for a Dentist or Dental Hygienist licensed in 18
303	287		that State. 19
304	288		D. A Licensee providing dentistry or dental hygiene pursuant to a 20
305	289		Compact Privilege in a Remote State is subject to that State’s regulatory 21
306	290		authority. A Remote State may, in accordance with due process and that 22
307	291		State’s laws, by Adverse Action revoke or remove a Licensee’s Compact 23
308	292		Privilege in the Remote State for a specific period of time and impose fines 24
309	293		or take any other necessary actions to protect the health and safety of its 25
310	294		citizens. If a Remote State imposes an Adverse Action against a Compact 26
311	295		Privilege that limits the Compact Privilege, that Adverse Action applies to 27
312	296		all Compact Privileges in all Remote States. A Licensee whose Compact 28
313	297		Privilege in a Remote State is removed for a specified period of time is not 29
314	298		eligible for a Compact Privilege in any other Remote State until the specific 30
315	299		time for removal of the Compact Privilege has passed and all encumbrance 31
316	300		requirements are satisfied. 32
317	301		E. If a License in a Participating State is an Encumbered License, the 33
318	302		Licensee shall lose the Compact Privilege in a Remote State and shall not be 34
319	303		eligible for a Compact Privilege in any Remote State until the License is no 35
320		-	longer encumbered. 36 ~~As Engrossed: H3/12/25~~ SB111
	304	+	longer encumbered. 36 SB111
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325	307		F. Once an Encumbered License in a Participating State is restored to 1
326	308		good standing, the Licensee must meet the requirements of subsection A of 2
327	309		this section to obtain a Compact Privilege in a Remote State. 3
328	310		G. If a Licensee’s Compact Privilege in a Remote State is removed by 4
329	311		the Remote State, the individual shall lose or be ineligible for the Compact 5
330	312		Privilege in any Remote State until the following occur: 6
331	313		1. The specific period of time for which the Compact Privilege 7
332	314		was removed has ended; and 8
333	315		2. All conditions for removal of the Compact Privilege have been 9
334	316		satisfied. 10
335	317		H. Once the requirements of subsection G of this section have been 11
336	318		met, the Licensee must meet the requirements in subsection A of this section 12
337	319		to obtain a Compact Privilege in a Remote State. 13
338	320		14
339	321		SECTION 5. ACTIVE MILITARY MEMBER OR THEIR SPOUSES 15
340	322		An Active Military Member and their spouse shall not be required to pay 16
341	323		to the Commission for a Compact Privilege the fee otherwise charged by the 17
342	324		Commission. If a Remote State chooses to charge a fee for a Compact 18
343	325		Privilege, it may choose to charge a reduced fee or no fee to an Active 19
344	326		Military Member and their spouse for a Compact Privilege. 20
345	327		21
346	328		SECTION 6. ADVERSE ACTIONS 22
347	329		A. A Participating State in which a Licensee is licensed shall have 23
348	330		exclusive authority to impose Adverse Action against the Qualifying License 24
349	331		issued by that Participating State. 25
350	332		B. A Participating State may take Adverse Action based on the 26
351	333		Significant Investigative Information of a Remote State, so long as the 27
352	334		Participating State follows its own procedures for imposing Adverse Action. 28
353	335		C. Nothing in this Compact shall override a Participating State’s 29
354	336		decision that participation in an Alternative Program may be used in lieu of 30
355	337		Adverse Action and that such participation shall remain non -public if 31
356	338		required by the Participating State’s laws. Participating States must require 32
357	339		Licensees who enter any Alternative Program in lieu of discipline to agree 33
358	340		not to practice pursuant to a Compact Privilege in any other Participating 34
359	341		State during the term of the Alternative Program without prior authorization 35
360		-	from such other Participating State. 36 ~~As Engrossed: H3/12/25~~ SB111
	342	+	from such other Participating State. 36 SB111
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365	345		D. Any Participating State in which a Licensee is applying to practice 1
366	346		or is practicing pursuant to a Compact Privilege may investigate actual or 2
367	347		alleged violations of the statutes and regulations authorizing the practice 3
368	348		of dentistry or dental hygiene in any other Participating State in which the 4
369	349		Dentist or Dental Hygienist holds a License or Compact Privilege. 5
370	350		E. A Remote State shall have the authority to: 6
371	351		1. Take Adverse Actions as set forth in Section 4.D against a 7
372	352		Licensee’s Compact Privilege in the State; 8
373	353		2. In furtherance of its rights and responsibilities under the 9
374	354		Compact and the Commission’s Rules issue subpoenas for both hearings and 10
375	355		investigations that require the attendance and testimony of witnesses, and 11
376	356		the production of evidence. Subpoenas issued by a State Licensing Authority 12
377	357		in a Participating State for the attendance and testimony of witnesses, or 13
378	358		the production of evidence from another Participating State, shall be 14
379	359		enforced in the latter State by any court of competent jurisdiction, 15
380	360		according to the practice and procedure of that court applicable to subpoenas 16
381	361		issued in proceedings pending before it. The issuing authority shall pay any 17
382	362		witness fees, travel expenses, mileage, and other fees required by the 18
383	363		service statutes of the State where the witnesses or evidence are located; 19
384	364		and 20
385	365		3. If otherwise permitted by State law, recover from the 21
386	366		Licensee the costs of investigations and disposition of cases resulting from 22
387	367		any Adverse Action taken against that Licensee. 23
388	368		F. Joint Investigations 24
389	369		1. In addition to the authority granted to a Participating State 25
390	370		by its Dentist or Dental Hygienist licensure act or other applicable State 26
391	371		law, a Participating State may jointly investigate Licensees with other 27
392	372		Participating States. 28
393	373		2. Participating States shall share any Significant 29
394	374		Investigative Information, litigation, or compliance materials in furtherance 30
395	375		of any joint or individual investigation initiated under the Compact. 31
396	376		G. Authority to Continue Investigation 32
397	377		1. After a Licensee's Compact Privilege in a Remote State is 33
398	378		terminated, the Remote State may continue an investigation of the Licensee 34
399	379		that began when the Licensee had a Compact Privilege in that Remote State. 35
400		-	2. If the investigation yields what would be Significant 36 ~~As Engrossed: H3/12/25~~ SB111
	380	+	2. If the investigation yields what would be Significant 36 SB111
401	381
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403		-
404		-
	382	+	11 01/24/2025 8:35:23 AM JMB127
405	383		Investigative Information had the Licensee continued to have a Compact 1
406	384		Privilege in that Remote State, the Remote State shall report the presence of 2
407	385		such information to the Data System as required by Section 8.B.6 as if it was 3
408	386		Significant Investigative Information. 4
409	387		5
410	388		SECTION 7. ESTABLISHMENT AND OPERATION OF THE COMMISSION. 6
411	389		A. The Compact Participating States hereby create and establish a 7
412	390		joint government agency whose membership consists of all Participating States 8
413	391		that have enacted the Compact. The Commission is an instrumentality of the 9
414	392		Participating States acting jointly and not an instrumentality of any one 10
415	393		State. The Commission shall come into existence on or after the effective 11
416	394		date of the Compact as set forth in Section 11A. 12
417	395		B. Participation, Voting, and Meetings 13
418	396		1. Each Participating State shall have and be limited to one (1) 14
419	397		Commissioner selected by that Participating State’s State Licensing Authority 15
420	398		or, if the State has more than one State Licensing Authority, selected 16
421	399		collectively by the State Licensing Authorities. 17
422	400		2. The Commissioner shall be a member or designee of such 18
423	401		Authority or Authorities. 19
424	402		3. The Commission may by Rule or bylaw establish a term of 20
425	403		office for Commissioners and may by Rule or bylaw establish term limits. 21
426	404		4. The Commission may recommend to a State Licensing Authority 22
427	405		or Authorities, as applicable, removal or suspension of an individual as the 23
428	406		State’s Commissioner. 24
429	407		5. A Participating State’s State Licensing Authority, or 25
430	408		Authorities, as applicable, shall fill any vacancy of its Commissioner on the 26
431	409		Commission within sixty (60) days of the vacancy. 27
432	410		6. Each Commissioner shall be entitled to one vote on all 28
433	411		matters that are voted upon by the Commission. 29
434	412		7. The Commission shall meet at least once during each calendar 30
435	413		year. Additional meetings may be held as set forth in the bylaws. The 31
436	414		Commission may meet by telecommunication, video conference or other similar 32
437	415		electronic means. 33
438	416		C. The Commission shall have the following powers: 34
439	417		1. Establish the fiscal year of the Commission; 35
440		-	2. Establish a code of conduct and conflict of interest 36 ~~As Engrossed: H3/12/25~~ SB111
	418	+	2. Establish a code of conduct and conflict of interest 36 SB111
441	419
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443		-
444		-
	420	+	12 01/24/2025 8:35:23 AM JMB127
445	421		policies; 1
446	422		3. Adopt Rules and bylaws; 2
447	423		4. Maintain its financial records in accordance with the bylaws; 3
448	424		5. Meet and take such actions as are consistent with the 4
449	425		provisions of this Compact, the Commission’s Rules, and the bylaws; 5
450	426		6. Initiate and conclude legal proceedings or actions in the 6
451	427		name of the Commission, provided that the standing of any State Licensing 7
452	428		Authority to sue or be sued under applicable law shall not be affected; 8
453	429		7. Maintain and certify records and information provided to a 9
454	430		Participating State as the authenticated business records of the Commission, 10
455	431		and designate a person to do so on the Commission's behalf; 11
456	432		8. Purchase and maintain insurance and bonds; 12
457	433		9. Borrow, accept, or contract for services of personnel, 13
458	434		including, but not limited to, employees of a Participating State; 14
459	435		10. Conduct an annual financial review; 15
460	436		11. Hire employees, elect or appoint officers, fix compensation, 16
461	437		define duties, grant such individuals appropriate authority to carry out the 17
462	438		purposes of the Compact, and establish the Commission’s personnel policies 18
463	439		and programs relating to conflicts of interest, qualifications of personnel, 19
464	440		and other related personnel matters; 20
465	441		12. As set forth in the Commission Rules, charge a fee to a 21
466	442		Licensee for the grant of a Compact Privilege in a Remote State and 22
467	443		thereafter, as may be established by Commission Rule, charge the Licensee a 23
468	444		Compact Privilege renewal fee for each renewal period in which that Licensee 24
469	445		exercises or intends to exercise the Compact Privilege in that Remote State. 25
470	446		Nothing herein shall be construed to prevent a Remote State from charging a 26
471	447		Licensee a fee for a Compact Privilege or renewals of a Compact Privilege, or 27
472	448		a fee for the Jurisprudence Requirement if the Remote State imposes such a 28
473	449		requirement for the grant of a Compact Privilege; 29
474	450		13. Accept any and all appropriate gifts, donations, grants of 30
475	451		money, other sources of revenue, equipment, supplies, materials, and 31
476	452		services, and receive, utilize, and dispose of the same; provided that at all 32
477	453		times the Commission shall avoid any appearance of impropriety and/or 33
478	454		conflict of interest; 34
479	455		14. Lease, purchase, retain, own, hold, improve, or use any 35
480		-	property, real, personal, or mixed, or any undivided interest therein; 36 ~~As Engrossed: H3/12/25~~ SB111
	456	+	property, real, personal, or mixed, or any undivided interest therein; 36 SB111
481	457
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483		-
484		-
	458	+	13 01/24/2025 8:35:23 AM JMB127
485	459		15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or 1
486	460		otherwise dispose of any property real, personal, or mixed; 2
487	461		16. Establish a budget and make expenditures; 3
488	462		17. Borrow money; 4
489	463		18. Appoint committees, including standing committees, which may 5
490	464		be composed of members, State regulators, State legislators or their 6
491	465		representatives, and consumer representatives, and such other interested 7
492	466		persons as may be designated in this Compact and the bylaws; 8
493	467		19. Provide and receive information from, and cooperate with, 9
494	468		law enforcement agencies; 10
495	469		20. Elect a Chair, Vice Chair, Secretary and Treasurer and such 11
496	470		other officers of the Commission as provided in the Commission’s bylaws; 12
497	471		21. Establish and elect an Executive Board; 13
498	472		22. Adopt and provide to the Participating States an annual 14
499	473		report; 15
500	474		23. Determine whether a State’s enacted compact is materially 16
501	475		different from the Model Compact language such that the State would not 17
502	476		qualify for participation in the Compact; and 18
503	477		24. Perform such other functions as may be necessary or 19
504	478		appropriate to achieve the purposes of this Compact. 20
505	479		D. Meetings of the Commission 21
506	480		1. All meetings of the Commission that are not closed pursuant 22
507	481		to this subsection shall be open to the public. Notice of public meetings 23
508	482		shall be posted on the Commission’s website at least thirty (30) days prior 24
509	483		to the public meeting. 25
510	484		2. Notwithstanding subsection D.1 of this section, the 26
511	485		Commission may convene an emergency public meeting by providing at least 27
512	486		twenty-four (24) hours prior notice on the Commission’s website, and any 28
513	487		other means as provided in the Commission’s Rules, for any of the reasons it 29
514	488		may dispense with notice of proposed rulemaking under Section 9.L. The 30
515	489		Commission’s legal counsel shall certify that one of the reasons justifying 31
516	490		an emergency public meeting has been met. 32
517	491		3. Notice of all Commission meetings shall provide the time, 33
518	492		date, and location of the meeting, and if the meeting is to be held or 34
519	493		accessible via telecommunication, video conference, or other electronic 35
520		-	means, the notice shall include the mechanism for access to the meeting 36 ~~As Engrossed: H3/12/25~~ SB111
	494	+	means, the notice shall include the mechanism for access to the meeting 36 SB111
521	495
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523		-
524		-
	496	+	14 01/24/2025 8:35:23 AM JMB127
525	497		through such means. 1
526	498		4. The Commission may convene in a closed, non -public meeting 2
527	499		for the Commission to receive legal advice or to discuss: 3
528	500		a. Non-compliance of a Participating State with its 4
529	501		obligations under the Compact; 5
530	502		b. The employment, compensation, discipline or other 6
531	503		matters, practices or procedures related to specific employees or other 7
532	504		matters related to the Commission’s internal personnel practices and 8
533	505		procedures; 9
534	506		c. Current or threatened discipline of a Licensee or 10
535	507		Compact Privilege holder by the Commission or by a Participating State’s 11
536	508		State Licensing Authority; 12
537	509		d. Current, threatened, or reasonably anticipated 13
538	510		litigation; 14
539	511		e. Negotiation of contracts for the purchase, lease, or 15
540	512		sale of goods, services, or real estate; 16
541	513		f. Accusing any person of a crime or formally censuring 17
542	514		any person; 18
543	515		g. Trade secrets or commercial or financial information 19
544	516		that is privileged or confidential; 20
545	517		h. Information of a personal nature where disclosure would 21
546	518		constitute a clearly unwarranted invasion of personal privacy; 22
547	519		i. Investigative records compiled for law enforcement 23
548	520		purposes; 24
549	521		j. Information related to any investigative reports 25
550	522		prepared by or on behalf of or for use of the Commission or other committee 26
551	523		charged with responsibility of investigation or determination of compliance 27
552	524		issues pursuant to the Compact; 28
553	525		k. Legal advice; 29
554	526		l. Matters specifically exempted from disclosure to the 30
555	527		public by federal or Participating State law; and 31
556	528		m. Other matters as promulgated by the Commission by Rule. 32
557	529		5. If a meeting, or portion of a meeting, is closed, the 33
558	530		presiding officer shall state that the meeting will be closed and reference 34
559	531		each relevant exempting provision, and such reference shall be recorded in 35
560		-	the minutes. 36 ~~As Engrossed: H3/12/25~~ SB111
	532	+	the minutes. 36 SB111
561	533
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563		-
564		-
	534	+	15 01/24/2025 8:35:23 AM JMB127
565	535		6. The Commission shall keep minutes that fully and clearly 1
566	536		describe all matters discussed in a meeting and shall provide a full and 2
567	537		accurate summary of actions taken, and the reasons therefore, including a 3
568	538		description of the views expressed. All documents considered in connection 4
569	539		with an action shall be identified in such minutes. All minutes and documents 5
570	540		of a closed meeting shall remain under seal, subject to release only by a 6
571	541		majority vote of the Commission or order of a court of competent 7
572	542		jurisdiction. 8
573	543		E. Financing of the Commission 9
574	544		1. The Commission shall pay, or provide for the payment of, the 10
575	545		reasonable expenses of its establishment, organization, and ongoing 11
576	546		activities. 12
577	547		2. The Commission may accept any and all appropriate sources of 13
578	548		revenue, donations, and grants of money, equipment, supplies, materials, and 14
579	549		services. 15
580	550		3. The Commission may levy on and collect an annual assessment 16
581	551		from each Participating State and impose fees on Licensees of Participating 17
582	552		States when a Compact Privilege is granted, to cover the cost of the 18
583	553		operations and activities of the Commission and its staff, which must be in a 19
584	554		total amount sufficient to cover its annual budget as approved each fiscal 20
585	555		year for which sufficient revenue is not provided by other sources. The 21
586	556		aggregate annual assessment amount for Participating States shall be 22
587	557		allocated based upon a formula that the Commission shall promulgate by Rule. 23
588	558		4. The Commission shall not incur obligations of any kind prior 24
589	559		to securing the funds adequate to meet the same; nor shall the Commission 25
590	560		pledge the credit of any Participating State, except by and with the 26
591	561		authority of the Participating State. 27
592	562		5. The Commission shall keep accurate accounts of all receipts 28
593	563		and disbursements. The receipts and disbursements of the Commission shall be 29
594	564		subject to the financial review and accounting procedures established under 30
595	565		its bylaws. All receipts and disbursements of funds handled by the Commission 31
596	566		shall be subject to an annual financial review by a certified or licensed 32
597	567		public accountant, and the report of the financial review shall be included 33
598	568		in and become part of the annual report of the Commission. 34
599	569		F. The Executive Board 35
600		-	1. The Executive Board shall have the power to act on behalf of 36 ~~As Engrossed: H3/12/25~~ SB111
	570	+	1. The Executive Board shall have the power to act on behalf of 36 SB111
601	571
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603		-
604		-
	572	+	16 01/24/2025 8:35:23 AM JMB127
605	573		the Commission according to the terms of this Compact. The powers, duties, 1
606	574		and responsibilities of the Executive Board shall include: 2
607	575		a. Overseeing the day -to-day activities of the 3
608	576		administration of the Compact including compliance with the provisions of the 4
609	577		Compact, the Commission’s Rules and bylaws; 5
610	578		b. Recommending to the Commission changes to the Rules or 6
611	579		bylaws, changes to this Compact legislation, fees charged to Compact 7
612	580		Participating States, fees charged to Licensees, and other fees; 8
613	581		c. Ensuring Compact administration services are 9
614	582		appropriately provided, including by contract; 10
615	583		d. Preparing and recommending the budget; 11
616	584		e. Maintaining financial records on behalf of the 12
617	585		Commission; 13
618	586		f. Monitoring Compact compliance of Participating States 14
619	587		and providing compliance reports to the Commission; 15
620	588		g. Establishing additional committees as necessary; 16
621	589		h. Exercising the powers and duties of the Commission 17
622	590		during the interim between Commission meetings, except for adopting or 18
623	591		amending Rules, adopting or amending bylaws, and exercising any other powers 19
624	592		and duties expressly reserved to the Commission by Rule or bylaw; and 20
625	593		i. Other duties as provided in the Rules or bylaws of the 21
626	594		Commission. 22
627	595		2. The Executive Board shall be composed of up to seven (7) 23
628	596		members: 24
629	597		a. The Chair, Vice Chair, Secretary and Treasurer of the 25
630	598		Commission and any other members of the Commission who serve on the Executive 26
631	599		Board shall be voting members of the Executive Board; and 27
632	600		b. Other than the Chair, Vice Chair, Secretary, and 28
633	601		Treasurer, the Commission may elect up to three (3) voting members from the 29
634	602		current membership of the Commission. 30
635	603		3. The Commission may remove any member of the Executive Board 31
636	604		as provided in the Commission’s bylaws. 32
637	605		4. The Executive Board shall meet at least annually. 33
638	606		a. An Executive Board meeting at which it takes or intends 34
639	607		to take formal action on a matter shall be open to the public, except that 35
640		-	the Executive Board may meet in a closed, non -public session of a public 36 ~~As Engrossed: H3/12/25~~ SB111
	608	+	the Executive Board may meet in a closed, non -public session of a public 36 SB111
641	609
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643		-
644		-
	610	+	17 01/24/2025 8:35:23 AM JMB127
645	611		meeting when dealing with any of the matters covered under subsection D.4. 1
646	612		b. The Executive Board shall give five (5) business days’ 2
647	613		notice of its public meetings, posted on its website and as it may otherwise 3
648	614		determine to provide notice to persons with an interest in the public matters 4
649	615		the Executive Board intends to address at those meetings. 5
650	616		5. The Executive Board may hold an emergency meeting when acting 6
651	617		for the Commission to: 7
652	618		a. Meet an imminent threat to public health, safety, or 8
653	619		welfare; 9
654	620		b. Prevent a loss of Commission or Participating State 10
655	621		funds; or 11
656	622		c. Protect public health and safety. 12
657	623		G. Qualified Immunity, Defense, and Indemnification 13
658	624		1. The members, officers, executive director, employees and 14
659	625		representatives of the Commission shall be immune from suit and liability, 15
660	626		both personally and in their official capacity, for any claim for damage to 16
661	627		or loss of property or personal injury or other civil liability caused by or 17
662	628		arising out of any actual or alleged act, error, or omission that occurred, 18
663	629		or that the person against whom the claim is made had a reasonable basis for 19
664	630		believing occurred within the scope of Commission employment, duties or 20
665	631		responsibilities; provided that nothing in this paragraph shall be construed 21
666	632		to protect any such person from suit or liability for any damage, loss, 22
667	633		injury, or liability caused by the intentional or willful or wanton 23
668	634		misconduct of that person. The procurement of insurance of any type by the 24
669	635		Commission shall not in any way compromise or limit the immunity granted 25
670	636		hereunder. 26
671	637		2. The Commission shall defend any member, officer, executive 27
672	638		director, employee, and representative of the Commission in any civil action 28
673	639		seeking to impose liability arising out of any actual or alleged act, error, 29
674	640		or omission that occurred within the scope of Commission employment, duties, 30
675	641		or responsibilities, or as determined by the Commission that the person 31
676	642		against whom the claim is made had a reasonable basis for believing occurred 32
677	643		within the scope of Commission employment, duties, or responsibilities; 33
678	644		provided that nothing herein shall be construed to prohibit that person from 34
679	645		retaining their own counsel at their own expense; and provided further, that 35
680		-	the actual or alleged act, error, or omission did not result from that 36 ~~As Engrossed: H3/12/25~~ SB111
	646	+	the actual or alleged act, error, or omission did not result from that 36 SB111
681	647
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683		-
684		-
	648	+	18 01/24/2025 8:35:23 AM JMB127
685	649		person’s intentional or willful or wanton misconduct. 1
686	650		3. Notwithstanding subsection G.1 of this section, should any 2
687	651		member, officer, executive director, employee, or representative of the 3
688	652		Commission be held liable for the amount of any settlement or judgment 4
689	653		arising out of any actual or alleged act, error, or omission that occurred 5
690	654		within the scope of that individual's employment, duties, or responsibilities 6
691	655		for the Commission, or that the person to whom that individual is liable had 7
692	656		a reasonable basis for believing occurred within the scope of the 8
693	657		individual's employment, duties, or responsibilities for the Commission, the 9
694	658		Commission shall indemnify and hold harmless such individual, provided that 10
695	659		the actual or alleged act, error, or omission did not result from the 11
696	660		intentional or willful or wanton misconduct of the individual. 12
697	661		4. Nothing herein shall be construed as a limitation on the 13
698	662		liability of any Licensee for professional malpractice or misconduct, which 14
699	663		shall be governed solely by any other applicable State laws. 15
700	664		5. Nothing in this Compact shall be interpreted to waive or 16
701	665		otherwise abrogate a Participating State’s state action immunity or state 17
702	666		action affirmative defense with respect to antitrust claims under the Sherman 18
703	667		Act, Clayton Act, or any other State or federal antitrust or anticompetitive 19
704	668		law or regulation. 20
705	669		6. Nothing in this Compact shall be construed to be a waiver of 21
706	670		sovereign immunity by the Participating States or by the Commission. 22
707	671		23
708	672		SECTION 8. DATA SYSTEM 24
709	673		A. The Commission shall provide for the development, maintenance, 25
710	674		operation, and utilization of a coordinated database and reporting system 26
711	675		containing licensure, Adverse Action, and the presence of Significant 27
712	676		Investigative Information on all Licensees and applicants for a License in 28
713	677		Participating States. 29
714	678		B. Notwithstanding any other provision of State law to the contrary, a 30
715	679		Participating State shall submit a uniform data set to the Data System on all 31
716	680		individuals to whom this Compact is applicable as required by the Rules of 32
717	681		the Commission, including: 33
718	682		1. Identifying information; 34
719	683		2. Licensure data; 35
720		-	3. Adverse Actions against a Licensee, License applicant or 36 ~~As Engrossed: H3/12/25~~ SB111
	684	+	3. Adverse Actions against a Licensee, License applicant or 36 SB111
721	685
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723		-
724		-
	686	+	19 01/24/2025 8:35:23 AM JMB127
725	687		Compact Privilege and information related thereto; 1
726	688		4. Non-confidential information related to Alternative Program 2
727	689		participation, the beginning and ending dates of such participation, and 3
728	690		other information related to such participation; 4
729	691		5. Any denial of an application for licensure, and the reason(s) 5
730	692		for such denial, (excluding the reporting of any criminal history record 6
731	693		information where prohibited by law); 7
732	694		6. The presence of Significant Investigative Information; and 8
733	695		7. Other information that may facilitate the administration of 9
734	696		this Compact or the protection of the public, as determined by the Rules of 10
735	697		the Commission. 11
736	698		C. The records and information provided to a Participating State 12
737	699		pursuant to this Compact or through the Data System, when certified by the 13
738	700		Commission or an agent thereof, shall constitute the authenticated business 14
739	701		records of the Commission, and shall be entitled to any associated hearsay 15
740	702		exception in any relevant judicial, quasi -judicial or administrative 16
741	703		proceedings in a Participating State. 17
742	704		D. Significant Investigative Information pertaining to a Licensee in 18
743	705		any Participating State will only be available to other Participating States. 19
744	706		E. It is the responsibility of the Participating States to monitor the 20
745	707		database to determine whether Adverse Action has been taken against a 21
746	708		Licensee or License applicant. Adverse Action information pertaining to a 22
747	709		Licensee or License applicant in any Participating State will be available to 23
748	710		any other Participating State. 24
749	711		F. Participating States contributing information to the Data System 25
750	712		may designate information that may not be shared with the public without the 26
751	713		express permission of the contributing State. 27
752	714		G. Any information submitted to the Data System that is subsequently 28
753	715		expunged pursuant to federal law or the laws of the Participating State 29
754	716		contributing the information shall be removed from the Data System. 30
755	717		31
756	718		SECTION 9. RULEMAKING 32
757	719		A. The Commission shall promulgate reasonable Rules in order to 33
758	720		effectively and efficiently implement and administer the purposes and 34
759	721		provisions of the Compact. A Commission Rule shall be invalid and have no 35
760		-	force or effect only if a court of competent jurisdiction holds that the Rule 36 ~~As Engrossed: H3/12/25~~ SB111
	722	+	force or effect only if a court of competent jurisdiction holds that the Rule 36 SB111
761	723
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763		-
764		-
	724	+	20 01/24/2025 8:35:23 AM JMB127
765	725		is invalid because the Commission exercised its rulemaking authority in a 1
766	726		manner that is beyond the scope and purposes of the Compact, or the powers 2
767	727		granted hereunder, or based upon another applicable standard of review. 3
768	728		B. The Rules of the Commission shall have the force of law in each 4
769	729		Participating State, provided however that where the Rules of the Commission 5
770	730		conflict with the laws of the Participating State that establish the 6
771	731		Participating State’s Scope of Practice as held by a court of competent 7
772	732		jurisdiction, the Rules of the Commission shall be ineffective in that State 8
773	733		to the extent of the conflict. 9
774	734		C. The Commission shall exercise its Rulemaking powers pursuant to the 10
775	735		criteria set forth in this section and the Rules adopted thereunder. Rules 11
776	736		shall become binding as of the date specified by the Commission for each 12
777	737		Rule. 13
778	738		D. If a majority of the legislatures of the Participating States 14
779	739		rejects a Commission Rule or portion of a Commission Rule, by enactment of a 15
780	740		statute or resolution in the same manner used to adopt the Compact, within 16
781	741		four (4) years of the date of adoption of the Rule, then such Rule shall have 17
782	742		no further force and effect in any Participating State or to any State 18
783	743		applying to participate in the Compact. 19
784	744		E. Rules shall be adopted at a regular or special meeting of the 20
785	745		Commission. 21
786	746		F. Prior to adoption of a proposed Rule, the Commission shall hold a 22
787	747		public hearing and allow persons to provide oral and written comments, data, 23
788	748		facts, opinions, and arguments. 24
789	749		G . Prior to adoption of a proposed Rule by the Commission, and at 25
790	750		least thirty (30) days in advance of the meeting at which the Commission will 26
791	751		hold a public hearing on the proposed Rule, the Commission shall provide a 27
792	752		Notice of Proposed Rulemaking: 28
793	753		1. On the website of the Commission or other publicly accessible 29
794	754		platform; 30
795	755		2. To persons who have requested notice of the Commission’s 31
796	756		notices of proposed rulemaking, and 32
797	757		3. In such other way(s) as the Commission may by Rule specify. 33
798	758		H. The Notice of Proposed Rulemaking shall include: 34
799	759		1. The time, date, and location of the public hearing at which 35
800		-	the Commission will hear public comments on the proposed Rule and, if 36 ~~As Engrossed: H3/12/25~~ SB111
	760	+	the Commission will hear public comments on the proposed Rule and, if 36 SB111
801	761
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803		-
804		-
	762	+	21 01/24/2025 8:35:23 AM JMB127
805	763		different, the time, date, and location of the meeting where the Commission 1
806	764		will consider and vote on the proposed Rule; 2
807	765		2. If the hearing is held via telecommunication, video 3
808	766		conference, or other electronic means, the Commission shall include the 4
809	767		mechanism for access to the hearing in the Notice of Proposed Rulemaking; 5
810	768		3. The text of the proposed Rule and the reason therefor; 6
811	769		4. A request for comments on the proposed Rule from any 7
812	770		interested person; and 8
813	771		5. The manner in which interested persons may submit written 9
814	772		comments. 10
815	773		I. All hearings will be recorded. A copy of the recording and all 11
816	774		written comments and documents received by the Commission in response to the 12
817	775		proposed Rule shall be available to the public. 13
818	776		J. Nothing in this section shall be construed as requiring a separate 14
819	777		hearing on each Commission Rule. Rules may be grouped for the convenience of 15
820	778		the Commission at hearings required by this section. 16
821	779		K. The Commission shall, by majority vote of all Commissioners, take 17
822	780		final action on the proposed Rule based on the rulemaking record. 18
823	781		1. The Commission may adopt changes to the proposed Rule 19
824	782		provided the changes do not enlarge the original purpose of the proposed 20
825	783		Rule. 21
826	784		2. The Commission shall provide an explanation of the reasons 22
827	785		for substantive changes made to the proposed Rule as well as reasons for 23
828	786		substantive changes not made that were recommended by commenters. 24
829	787		3. The Commission shall determine a reasonable effective date 25
830	788		for the Rule. Except for an emergency as provided in subsection L, the 26
831	789		effective date of the Rule shall be no sooner than thirty (30) days after the 27
832	790		Commission issuing the notice that it adopted or amended the Rule. 28
833	791		L. Upon determination that an emergency exists, the Commission may 29
834	792		consider and adopt an emergency Rule with 24 hours’ notice, with opportunity 30
835	793		to comment, provided that the usual rulemaking procedures provided in the 31
836	794		Compact and in this section shall be retroactively applied to the Rule as 32
837	795		soon as reasonably possible, in no event later than ninety (90) days after 33
838	796		the effective date of the Rule. For the purposes of this provision, an 34
839	797		emergency Rule is one that must be adopted immediately in order to: 35
840		-	1. Meet an imminent threat to public health, safety, or welfare; 36 ~~As Engrossed: H3/12/25~~ SB111
	798	+	1. Meet an imminent threat to public health, safety, or welfare; 36 SB111
841	799
842		-	22 03-12-2025 11:42:54 JMB127
843		-
844		-
	800	+	22 01/24/2025 8:35:23 AM JMB127
845	801		2. Prevent a loss of Commission or Participating State funds; 1
846	802		3. Meet a deadline for the promulgation of a Rule that is 2
847	803		established by federal law or rule; or 3
848	804		4. Protect public health and safety. 4
849	805		M. The Commission or an authorized committee of the Commission may 5
850	806		direct revisions to a previously adopted Rule for purposes of correcting 6
851	807		typographical errors, errors in format, errors in consistency, or grammatical 7
852	808		errors. Public notice of any revisions shall be posted on the website of the 8
853	809		Commission. The revision shall be subject to challenge by any person for a 9
854	810		period of thirty (30) days after posting. The revision may be challenged only 10
855	811		on grounds that the revision results in a material change to a Rule. A 11
856	812		challenge shall be made in writing and delivered to the Commission prior to 12
857	813		the end of the notice period. If no challenge is made, the revision will take 13
858	814		effect without further action. If the revision is challenged, the revision 14
859	815		may not take effect without the approval of the Commission. 15
860	816		N. No Participating State’s rulemaking requirements shall apply under 16
861	817		this Compact 17
862	818		18
863	819		SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 19
864	820		A. Oversight 20
865	821		1. The executive and judicial branches of State government in 21
866	822		each Participating State shall enforce this Compact and take all actions 22
867	823		necessary and appropriate to implement the Compact. 23
868	824		2. Venue is proper and judicial proceedings by or against the 24
869	825		Commission shall be brought solely and exclusively in a court of competent 25
870	826		jurisdiction where the principal office of the Commission is located. The 26
871	827		Commission may waive venue and jurisdictional defenses to the extent it 27
872	828		adopts or consents to participate in alternative dispute resolution 28
873	829		proceedings. Nothing herein shall affect or limit the selection or propriety 29
874	830		of venue in any action against a Licensee for professional malpractice, 30
875	831		misconduct or any such similar matter. 31
876	832		3. The Commission shall be entitled to receive service of 32
877	833		process in any proceeding regarding the enforcement or interpretation of the 33
878	834		Compact or Commission Rule and shall have standing to intervene in such a 34
879	835		proceeding for all purposes. Failure to provide the Commission service of 35
880		-	process shall render a judgment or order void as to the Commission, this 36 ~~As Engrossed: H3/12/25~~ SB111
	836	+	process shall render a judgment or order void as to the Commission, this 36 SB111
881	837
882		-	23 03-12-2025 11:42:54 JMB127
883		-
884		-
	838	+	23 01/24/2025 8:35:23 AM JMB127
885	839		Compact, or promulgated Rules. 1
886	840		B. Default, Technical Assistance, and Termination 2
887	841		1. If the Commission determines that a Participating State has 3
888	842		defaulted in the performance of its obligations or responsibilities under 4
889	843		this Compact or the promulgated Rules, the Commission shall provide written 5
890	844		notice to the defaulting State. The notice of default shall describe the 6
891	845		default, the proposed means of curing the default, and any other action that 7
892	846		the Commission may take, and shall offer training and specific technical 8
893	847		assistance regarding the default. 9
894	848		2. The Commission shall provide a copy of the notice of default 10
895	849		to the other Participating States. 11
896	850		C. If a State in default fails to cure the default, the defaulting 12
897	851		State may be terminated from the Compact upon an affirmative vote of a 13
898	852		majority of the Commissioners, and all rights, privileges and benefits 14
899	853		conferred on that State by this Compact may be terminated on the effective 15
900	854		date of termination. A cure of the default does not relieve the offending 16
901	855		State of obligations or liabilities incurred during the period of default. 17
902	856		D. Termination of participation in the Compact shall be imposed only 18
903	857		after all other means of securing compliance have been exhausted. Notice of 19
904	858		intent to suspend or terminate shall be given by the Commission to the 20
905	859		governor, the majority and minority leaders of the defaulting State’s 21
906	860		legislature, the defaulting State’s State Licensing Authority or Authorities, 22
907	861		as applicable, and each of the Participating States’ State Licensing 23
908	862		Authority or Authorities, as applicable. 24
909	863		E. A State that has been terminated is responsible for all 25
910	864		assessments, obligations, and liabilities incurred through the effective date 26
911	865		of termination, including obligations that extend beyond the effective date 27
912	866		of termination. 28
913	867		F. Upon the termination of a State’s participation in this Compact, 29
914	868		that State shall immediately provide notice to all Licensees of the State, 30
915	869		including Licensees of other Participating States issued a Compact Privilege 31
916	870		to practice within that State, of such termination. The terminated State 32
917	871		shall continue to recognize all Compact Privileges then in effect in that 33
918	872		State for a minimum of one hundred eighty (180) days after the date of said 34
919	873		notice of termination. 35
920		-	G. The Commission shall not bear any costs related to a State that is 36 ~~As Engrossed: H3/12/25~~ SB111
	874	+	G. The Commission shall not bear any costs related to a State that is 36 SB111
921	875
922		-	24 03-12-2025 11:42:54 JMB127
923		-
924		-
	876	+	24 01/24/2025 8:35:23 AM JMB127
925	877		found to be in default or that has been terminated from the Compact, unless 1
926	878		agreed upon in writing between the Commission and the defaulting State. 2
927	879		H. The defaulting State may appeal the action of the Commission by 3
928	880		petitioning the U.S. District Court for the District of Columbia or the 4
929	881		federal district where the Commission has its principal offices. The 5
930	882		prevailing party shall be awarded all costs of such litigation, including 6
931	883		reasonable attorney’s fees. 7
932	884		I. Dispute Resolution 8
933	885		1. Upon request by a Participating State, the Commission shall 9
934	886		attempt to resolve disputes related to the Compact that arise among 10
935	887		Participating States and between Participating States and non -Participating 11
936	888		States. 12
937	889		2. The Commission shall promulgate a Rule providing for both 13
938	890		mediation and binding dispute resolution for disputes as appropriate. 14
939	891		J. Enforcement 15
940	892		1. The Commission, in the reasonable exercise of its discretion, 16
941	893		shall enforce the provisions of this Compact and the Commission’s Rules. 17
942	894		2. By majority vote, the Commission may initiate legal action 18
943	895		against a Participating State in default in the United States District Court 19
944	896		for the District of Columbia or the federal district where the Commission has 20
945	897		its principal offices to enforce compliance with the provisions of the 21
946	898		Compact and its promulgated Rules. The relief sought may include both 22
947	899		injunctive relief and damages. In the event judicial enforcement is 23
948	900		necessary, the prevailing party shall be awarded all costs of such 24
949	901		litigation, including reasonable attorney’s fees. The remedies herein shall 25
950	902		not be the exclusive remedies of the Commission. The Commission may pursue 26
951	903		any other remedies available under federal or the defaulting Participating 27
952	904		State’s law. 28
953	905		3. A Participating State may initiate legal action against the 29
954	906		Commission in the U.S. District Court for the District of Columbia or the 30
955	907		federal district where the Commission has its principal offices to enforce 31
956	908		compliance with the provisions of the Compact and its promulgated Rules. The 32
957	909		relief sought may include both injunctive relief and damages. In the event 33
958	910		judicial enforcement is necessary, the prevailing party shall be awarded all 34
959	911		costs of such litigation, including reasonable attorney’s fees. 35
960		-	4. No individual or entity other than a Participating State may 36 ~~As Engrossed: H3/12/25~~ SB111
	912	+	4. No individual or entity other than a Participating State may 36 SB111
961	913
962		-	25 03-12-2025 11:42:54 JMB127
963		-
964		-
	914	+	25 01/24/2025 8:35:23 AM JMB127
965	915		enforce this Compact against the Commission. 1
966	916		2
967	917		SECTION 11. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT 3
968	918		A. The Compact shall come into effect on the date on which the Compact 4
969	919		statute is enacted into law in the seventh Participating State. 5
970	920		1. On or after the effective date of the Compact, the Commission 6
971	921		shall convene and review the enactment of each of the States that enacted the 7
972	922		Compact prior to the Commission convening (“Charter Participating States”) to 8
973	923		determine if the statute enacted by each such Charter Participating State is 9
974	924		materially different than the Model Compact. 10
975	925		a. A Charter Participating State whose enactment is found 11
976	926		to be materially different from the Model Compact shall be entitled to the 12
977	927		default process set forth in Section 10. 13
978	928		b. If any Participating State is later found to be in 14
979	929		default, or is terminated or withdraws from the Compact, the Commission shall 15
980	930		remain in existence and the Compact shall remain in effect even if the number 16
981	931		of Participating States should be less than seven (7). 17
982	932		2. Participating States enacting the Compact subsequent to the 18
983	933		Charter Participating States shall be subject to the process set forth in 19
984	934		Section 7.C.23 to determine if their enactments are materially different from 20
985	935		the Model Compact and whether they qualify for participation in the Compact. 21
986	936		3. All actions taken for the benefit of the Commission or in 22
987	937		furtherance of the purposes of the administration of the Compact prior to the 23
988	938		effective date of the Compact or the Commission coming into existence shall 24
989	939		be considered to be actions of the Commission unless specifically repudiated 25
990	940		by the Commission. 26
991	941		4. Any State that joins the Compact subsequent to the 27
992	942		Commission’s initial adoption of the Rules and bylaws shall be subject to the 28
993	943		Commission’s Rules and bylaws as they exist on the date on which the Compact 29
994	944		becomes law in that State. Any Rule that has been previously adopted by the 30
995	945		Commission shall have the full force and effect of law on the day the Compact 31
996	946		becomes law in that State. 32
997	947		B. Any Participating State may withdraw from this Compact by enacting 33
998	948		a statute repealing that State’s enactment of the Compact. 34
999	949		1. A Participating State’s withdrawal shall not take effect 35
1000		-	until one hundred eighty (180) days after enactment of the repealing statute. 36 ~~As Engrossed: H3/12/25~~ SB111
	950	+	until one hundred eighty (180) days after enactment of the repealing statute. 36 SB111
1001	951
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1003		-
1004		-
	952	+	26 01/24/2025 8:35:23 AM JMB127
1005	953		2. Withdrawal shall not affect the continuing requirement of the 1
1006	954		withdrawing State’s State Licensing Authority or Authorities to comply with 2
1007	955		the investigative and Adverse Action reporting requirements of this Compact 3
1008	956		prior to the effective date of withdrawal. 4
1009	957		3. Upon the enactment of a statute withdrawing from this 5
1010	958		Compact, the State shall immediately provide notice of such withdrawal to all 6
1011	959		Licensees within that State. Notwithstanding any subsequent statutory 7
1012	960		enactment to the contrary, such withdrawing State shall continue to recognize 8
1013	961		all Compact Privileges to practice within that State granted pursuant to this 9
1014	962		Compact for a minimum of one hundred eighty (180) days after the date of such 10
1015	963		notice of withdrawal. 11
1016	964		C. Nothing contained in this Compact shall be construed to invalidate 12
1017	965		or prevent any licensure agreement or other cooperative arrangement between a 13
1018	966		Participating State and a non -Participating State that does not conflict with 14
1019	967		the provisions of this Compact. 15
1020	968		D. This Compact may be amended by the Participating States. No 16
1021	969		amendment to this Compact shall become effective and binding upon any 17
1022	970		Participating State until it is enacted into the laws of all Participating 18
1023	971		States. 19
1024	972		20
1025	973		SECTION 12. CONSTRUCTION AND SEVERABILITY 21
1026	974		A. This Compact and the Commission’s rulemaking authority shall be 22
1027	975		liberally construed so as to effectuate the purposes, and the implementation 23
1028	976		and administration of the Compact. Provisions of the Compact expressly 24
1029	977		authorizing or requiring the promulgation of Rules shall not be construed to 25
1030	978		limit the Commission’s rulemaking authority solely for those purposes. 26
1031	979		B. The provisions of this Compact shall be severable and if any 27
1032	980		phrase, clause, sentence or provision of this Compact is held by a court of 28
1033	981		competent jurisdiction to be contrary to the constitution of any 29
1034	982		Participating State, a State seeking participation in the Compact, or of the 30
1035	983		United States, or the applicability thereof to any government, agency, person 31
1036	984		or circumstance is held to be unconstitutional by a court of competent 32
1037	985		jurisdiction, the validity of the remainder of this Compact and the 33
1038	986		applicability thereof to any other government, agency, person or circumstance 34
1039	987		shall not be affected thereby. 35
1040		-	C. Notwithstanding subsection B of this section, the Commission may 36 ~~As Engrossed: H3/12/25~~ SB111
	988	+	C. Notwithstanding subsection B of this section, the Commission may 36 SB111
1041	989
1042		-	27 03-12-2025 11:42:54 JMB127
1043		-
1044		-
	990	+	27 01/24/2025 8:35:23 AM JMB127
1045	991		deny a State’s participation in the Compact or, in accordance with the 1
1046	992		requirements of Section 10.B, terminate a Participating State’s participation 2
1047	993		in the Compact, if it determines that a constitutional requirement of a 3
1048	994		Participating State is a material departure from the Compact. Otherwise, if 4
1049	995		this Compact shall be held to be contrary to the constitution of any 5
1050	996		Participating State, the Compact shall remain in full force and effect as to 6
1051	997		the remaining Participating States and in full force and effect as to the 7
1052	998		Participating State affected as to all severable matters. 8
1053	999		9
1054	1000		SECTION 13. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS 10
1055	1001		A. Nothing herein shall prevent or inhibit the enforcement of any 11
1056	1002		other law of a Participating State that is not inconsistent with the Compact. 12
1057	1003		B. Any laws, statutes, regulations, or other legal requirements in a 13
1058	1004		Participating State in conflict with the Compact are superseded to the extent 14
1059	1005		of the conflict. 15
1060	1006		C. All permissible agreements between the Commission and the 16
1061	1007		Participating States are binding in accordance with their terms. 17
1062	1008		18
1063	1009		17-82-902. Administration of compact — Rules. 19
1064	1010		(a) The Arkansas State Board of Dental Examiners is the Dentist and 20
1065	1011		Dental Hygienist Compact administrator for this state. 21
1066	1012		(b)(1) The board shall promulgate rules necessary to implement this 22
1067	1013		subchapter. 23
1068	1014		(2) Rules promulgated by the board under subdivision (b)(1) of 24
1069	1015		this section shall be consistent with the Dentist and Dental Hygienist 25
1070	1016		Compact necessary to implement this subchapter. 26
1071	1017		(c) The board is not required to adopt the rules of the Dentist and 27
1072	1018		Dental Hygienist Compact Commission for those rules to be effective in this 28
1073	1019		state. 29
1074		-	~~(d) For the purposes of the member state's ability to reject a rule~~ 30
1075		-	~~under~~ Section ~~9(D) of the Dentist and Dental Hygienist Compact, Arkansas~~ 31
1076		-	~~delegates its authority in this provision to~~ the ~~General Assembly or the~~ 32
1077		-	~~Legislative Council~~. 33
1078		-	34
1079		-	~~SECTION 2.~~ ~~DO NOT CODIFY.~~ ~~Initial rules.~~ 35
1080		-	(a) ~~The Arkansas State Board of Dental Examiners shall promulgate~~ 36 ~~As Engrossed: H3/12/25~~ SB111
	1020	+	30
	1021	+	SECTION 2. DO NOT CODIFY. Initial rules. 31
	1022	+	(a) The Arkansas State Board of Dental Examiners shall promulgate 32
	1023	+	rules necessary to implement this act. 33
	1024	+	(b) When adopting the initial rules to implement this act, the final 34
	1025	+	rules shall be filed with the Secretary of State for adoption under § 25 -15-35
	1026	+	204(f): 36 SB111
1081	1027
1082		-	28 03-12-2025 11:42:54 JMB127
1083		-
1084		-
1085		-	rules necessary to implement this act. 1
1086		-	(b) When adopting the initial rules to implement this act, the final 2
1087		-	rules shall be filed with the Secretary of State for adoption under § 25 -15-3
1088		-	204(f): 4
1089		-	(1) On or before January 1, 2026; or 5
1090		-	(2) If approval under § 10 -3-309 has not occurred by January 1, 6
1091		-	2026, as soon as practicable after approval under § 10 -3-309. 7
1092		-	(c) The board shall file the proposed rule with the Legislative 8
1093		-	Council under § 10-3-309(c) sufficiently in advance of January 1, 2026, so 9
1094		-	that the Legislative Council may consider the rule for approval before 10
1095		-	January 1, 2026. 11
	1028	+	28 01/24/2025 8:35:23 AM JMB127
	1029	+	(1) On or before January 1, 2026; or 1
	1030	+	(2) If approval under § 10 -3-309 has not occurred by January 1, 2
	1031	+	2026, as soon as practicable after approval under § 10 -3-309. 3
	1032	+	(c) The board shall file the proposed rule with the Legislative 4
	1033	+	Council under § 10-3-309(c) sufficiently in advance of January 1, 2026, so 5
	1034	+	that the Legislative Council may consider the rule for approval before 6
	1035	+	January 1, 2026. 7
	1036	+	8
	1037	+	9
	1038	+	10
	1039	+	11
1096	1040		12
1097		-	~~/s/K. Hammer~~ 13
	1041	+	13
1098	1042		14
1099	1043		15
1100		-	~~APPROVED: 3/25/25~~ 16
	1044	+	16
1101	1045		17
1102	1046		18
1103	1047		19
1104	1048		20
1105	1049		21
1106	1050		22
1107	1051		23
1108	1052		24
1109	1053		25
1110	1054		26
1111	1055		27
1112	1056		28
1113	1057		29
1114	1058		30
1115	1059		31
1116	1060		32
1117	1061		33
1118	1062		34
1119	1063		35
1120	1064		36