Stricken language would be deleted from and underlined language would be added to present law.
Act 395 of the Regular Session
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State of Arkansas As Engrossed: H3/12/25 1
95th General Assembly A Bill 2
Regular Session, 2025 SENATE BILL 111 3
4
By: Senator K. Hammer 5
By: Representative L. Johnson 6
7
For An Act To Be Entitled 8
AN ACT TO ESTABLISH THE DENTIST AND DENTAL HYGIENIST 9
COMPACT; AND FOR OTHER PURPOSES. 10
11
12
Subtitle 13
TO ESTABLISH THE DENTIST AND DENTAL 14
HYGIENIST COMPACT. 15
16
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 17
18
SECTION 1. Arkansas Code Title 17, Chapter 82, is amended to add an 19
additional subchapter to read as follows: 20
Subchapter 9 — Dentist and Dental Hygienist Compact 21
22
17-82-901. Text of compact. 23
The Dentist and Dental Hygienist Compact is enacted into law and 24
entered into by this state with all states legally joining therein and in the 25
form substantially as follows: 26
27
DENTIST AND DENTAL HYGIENIST COMPACT 28
29
SECTION 1. TITLE AND PURPOSE 30
This statute shall be known and cited as the Dentist and Dental 31
Hygienist Compact. The purposes of this Compact are to facilitate the 32
interstate practice of dentistry and dental hygiene and improve public access 33
to dentistry and dental hygiene services by providing Dentists and Dental 34
Hygienists licensed in a Participating State the ability to practice in 35
Participating States in which they are not licensed. The Compact does this by 36 As Engrossed: H3/12/25 SB111
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establishing a pathway for Dentists and Dental Hygienists licensed in a 1
Participating State to obtain a Compact Privilege that authorizes them to 2
practice in another Participating State in which they are not licensed. The 3
Compact enables Participating States to protect the public health and safety 4
with respect to the practice of such Dentists and Dental Hygienists, through 5
the State’s authority to regulate the practice of dentistry and dental 6
hygiene in the State. The Compact: 7
A. Enables Dentists and Dental Hygienists who qualify for a Compact 8
Privilege to practice in other Participating States without satisfying 9
burdensome and duplicative requirements associated with securing a License to 10
practice in those States; 11
B. Promotes mobility and addresses workforce shortages through each 12
Participating State’s acceptance of a Compact Privilege to practice in that 13
State; 14
C. Increases public access to qualified, licensed Dentists and Dental 15
Hygienists by creating a responsible, streamlined pathway for Licensees to 16
practice in Participating States; 17
D. Enhances the ability of Participating States to protect the 18
public’s health and safety; 19
E. Does not interfere with licensure requirements established by a 20
Participating State; 21
F. Facilitates the sharing of licensure and disciplinary information 22
among Participating States; 23
G. Requires Dentists and Dental Hygienists who practice in a 24
Participating State pursuant to a Compact Privilege to practice within the 25
Scope of Practice authorized in that State; 26
H. Extends the authority of a Participating State to regulate the 27
practice of dentistry and dental hygiene within its borders to Dentists and 28
Dental Hygienists who practice in the State through a Compact Privilege; 29
I. Promotes the cooperation of Participating States in regulating the 30
practice of dentistry and dental hygiene within those States; 31
J. Facilitates the relocation of military members and their spouses 32
who are licensed to practice dentistry or dental hygiene. 33
34
SECTION 2. DEFINITIONS 35
As used in this Compact, unless the context requires otherwise, the 36 As Engrossed: H3/12/25 SB111
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following definitions shall apply: 1
A. “Active Military Member” means any person with full -time duty 2
status in the armed forces of the United States, including members of the 3
National Guard and Reserve. 4
B. “Adverse Action” means disciplinary action or encumbrance imposed 5
on a License or Compact Privilege by a State Licensing Authority. 6
C. “Alternative Program” means a non -disciplinary monitoring or 7
practice remediation process applicable to a Dentist or Dental Hygienist 8
approved by a State Licensing Authority of a Participating State in which the 9
Dentist or Dental Hygienist is licensed. This includes, but is not limited 10
to, programs to which Licensees with substance abuse or addiction issues are 11
referred in lieu of Adverse Action. 12
D. “Clinical Assessment” means examination or process, required for 13
licensure as a Dentist or Dental Hygienist as applicable, that provides 14
evidence of clinical competence in dentistry or dental hygiene. 15
E. “Commissioner” means the individual appointed by a Participating 16
State to serve as the member of the Commission for that Participating State. 17
F. “Compact” means this Dentist and Dental Hygienist Compact. 18
G. “Compact Privilege” means the authorization granted by a Remote 19
State to allow a Licensee from a Participating State to practice as a Dentist 20
or Dental Hygienist in a Remote State. 21
H. “Continuing Professional Development” means a requirement, as a 22
condition of License renewal to provide evidence of successful participation 23
in educational or professional activities relevant to practice or area of 24
work. 25
I. “Criminal Background Check” means the submission of fingerprints or 26
other biometric-based information for a License applicant for the purpose of 27
obtaining that applicant’s criminal history record information, as defined in 28
28 C.F.R. § 20.3(d) from the Federal Bureau of Investigation and the State’s 29
criminal history record repository as defined in 28 C.F.R. § 20.3(f). 30
J. “Data System” means the Commission’s repository of information 31
about Licensees, including but not limited to examination, licensure, 32
investigative, Compact Privilege, Adverse Action, and Alternative Program. 33
K. “Dental Hygienist” means an individual who is licensed by a State 34
Licensing Authority to practice dental hygiene. 35
L. “Dentist” means an individual who is licensed by a State Licensing 36 As Engrossed: H3/12/25 SB111
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Authority to practice dentistry. 1
M. “Dentist and Dental Hygienist Compact Commission” or “Commission” 2
means a joint government agency established by this Compact comprised of each 3
State that has enacted the Compact and a national administrative body 4
comprised of a Commissioner from each State that has enacted the Compact. 5
N. “Encumbered License” means a License that a State Licensing 6
Authority has limited in any way other than through an Alternative Program. 7
O. “Executive Board” means the Chair, Vice Chair, Secretary and 8
Treasurer and any other Commissioners as may be determined by Commission Rule 9
or bylaw. 10
P. “Jurisprudence Requirement” means the assessment of an individual’s 11
knowledge of the laws and Rules governing the practice of dentistry or dental 12
hygiene, as applicable, in a State. 13
Q. “License” means current authorization by a State, other than 14
authorization pursuant to a Compact Privilege, or other privilege, for an 15
individual to practice as a Dentist or Dental Hygienist in that State. 16
R. “Licensee” means an individual who holds an unrestricted License 17
from a Participating State to practice as a Dentist or Dental Hygienist in 18
that State. 19
S. “Model Compact” means the model for the Dentist and Dental 20
Hygienist Compact on file with the Council of State Governments or other 21
entity as designated by the Commission. 22
T. “Participating State” means a State that has enacted the Compact 23
and been admitted to the Commission in accordance with the provisions herein 24
and Commission Rules. 25
U. “Qualifying License” means a License that is not an Encumbered 26
License issued by a Participating State to practice dentistry or dental 27
hygiene. 28
V. “Remote State” means a Participating State where a Licensee who is 29
not licensed as a Dentist or Dental Hygienist is exercising or seeking to 30
exercise the Compact Privilege. 31
W. “Rule” means a regulation promulgated by an entity that has the 32
force of law. 33
X. “Scope of Practice” means the procedures, actions, and processes a 34
Dentist or Dental Hygienist licensed in a State is permitted to undertake in 35
that State and the circumstances under which the Licensee is permitted to 36 As Engrossed: H3/12/25 SB111
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undertake those procedures, actions and processes. Such procedures, actions 1
and processes and the circumstances under which they may be undertaken may be 2
established through means, including, but not limited to, statute, 3
regulations, case law, and other processes available to the State Licensing 4
Authority or other government agency. 5
Y. “Significant Investigative Information” means information, records, 6
and documents received or generated by a State Licensing Authority pursuant 7
to an investigation for which a determination has been made that there is 8
probable cause to believe that the Licensee has violated a statute or 9
regulation that is considered more than a minor infraction for which the 10
State Licensing Authority could pursue Adverse Action against the Licensee. 11
Z. “State” means any state, commonwealth, district, or territory of 12
the United States of America that regulates the practices of dentistry and 13
dental hygiene. 14
AA. “State Licensing Authority” means an agency or other entity of a 15
State that is responsible for the licensing and regulation of Dentists or 16
Dental Hygienists. 17
18
SECTION 3. STATE PARTICIPATION IN THE COMPACT 19
A. In order to join the Compact and thereafter continue as a 20
Participating State, a State must: 21
1. Enact a compact that is not materially different from the 22
Model Compact as determined in accordance with Commission Rules; 23
2. Participate fully in the Commission’s Data System; 24
3. Have a mechanism in place for receiving and investigating 25
complaints about its Licensees and License applicants; 26
4. Notify the Commission, in compliance with the terms of the 27
Compact and Commission Rules, of any Adverse Action or the availability of 28
Significant Investigative Information regarding a Licensee and License 29
applicant; 30
5. Fully implement a Criminal Background Check requirement, 31
within a time frame established by Commission Rule, by receiving the results 32
of a qualifying Criminal Background Check; 33
6. Comply with the Commission Rules applicable to a 34
Participating State; 35
7. Accept the National Board Examinations of the Joint 36 As Engrossed: H3/12/25 SB111
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Commission on National Dental Examinations or another examination accepted by 1
Commission Rule as a licensure examination; 2
8. Accept for licensure those applicants for a Dentist License 3
who have graduated from a predoctoral dental education program accredited by 4
the Commission on Dental Accreditation, or another accrediting agency 5
recognized by the United States Department of Education for the accreditation 6
of dentistry and dental hygiene education programs, leading to the Doctor of 7
Dental Surgery (D.D.S.) or Doctor of Dental Medicine (D.M.D.) degree; 8
9. Accept for licensure those applicants for a Dental Hygienist 9
License who have graduated from a dental hygiene education program accredited 10
by the Commission on Dental Accreditation or another accrediting agency 11
recognized by the United States Department of Education for the accreditation 12
of dentistry and dental hygiene education programs; 13
10. Require for licensure that applicants successfully complete 14
a Clinical Assessment; 15
11. Have Continuing Professional Development requirements as a 16
condition for License renewal; and 17
12. Pay a participation fee to the Commission as established by 18
Commission Rule. 19
B. Providing alternative pathways for an individual to obtain an 20
unrestricted License does not disqualify a State from participating in the 21
Compact. 22
C. When conducting a Criminal Background Check the State Licensing 23
Authority shall: 24
1. Consider that information in making a licensure decision; 25
2. Maintain documentation of completion of the Criminal 26
Background Check and background check information to the extent allowed by 27
State and federal law; and 28
3. Report to the Commission whether it has completed the 29
Criminal Background Check and whether the individual was granted or denied a 30
License. 31
D. A Licensee of a Participating State who has a Qualifying License in 32
that State and does not hold an Encumbered License in any other Participating 33
State, shall be issued a Compact Privilege in a Remote State in accordance 34
with the terms of the Compact and Commission Rules. If a Remote State has a 35
Jurisprudence Requirement a Compact Privilege will not be issued to the 36 As Engrossed: H3/12/25 SB111
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Licensee unless the Licensee has satisfied the Jurisprudence Requirement. 1
2
SECTION 4. COMPACT PRIVILEGE 3
A. To obtain and exercise the Compact Privilege under the terms and 4
provisions of the Compact, the Licensee shall: 5
1. Have a Qualifying License as a Dentist or Dental Hygienist in 6
a Participating State; 7
2. Be eligible for a Compact Privilege in any Remote State in 8
accordance with D, G and H of this section; 9
3. Submit to an application process whenever the Licensee is 10
seeking a Compact Privilege; 11
4. Pay any applicable Commission and Remote State fees for a 12
Compact Privilege in the Remote State; 13
5. Meet any Jurisprudence Requirement established by a Remote 14
State in which the Licensee is seeking a Compact Privilege; 15
6. Have passed a National Board Examination of the Joint 16
Commission on National Dental Examinations or another examination accepted by 17
Commission Rule; 18
7. For a Dentist, have graduated from a predoctoral dental 19
education program accredited by the Commission on Dental Accreditation, or 20
another accrediting agency recognized by the United States Department of 21
Education for the accreditation of dentistry and dental hygiene education 22
programs, leading to the Doctor of Dental Surgery (D.D.S.) or Doctor of 23
Dental Medicine (D.M.D.) degree; 24
8. For a Dental Hygienist, have graduated from a dental hygiene 25
education program accredited by the Commission on Dental Accreditation or 26
another accrediting agency recognized by the United States Department of 27
Education for the accreditation of dentistry and dental hygiene education 28
programs; 29
9. Have successfully completed a Clinical Assessment for 30
licensure; 31
10. Report to the Commission Adverse Action taken by any non -32
Participating State when applying for a Compact Privilege and, otherwise, 33
within thirty (30) days from the date the Adverse Action is taken; 34
11. Report to the Commission when applying for a Compact 35
Privilege the address of the Licensee’s primary residence and thereafter 36 As Engrossed: H3/12/25 SB111
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immediately report to the Commission any change in the address of the 1
Licensee’s primary residence; and 2
12. Consent to accept service of process by mail at the 3
Licensee’s primary residence on record with the Commission with respect to 4
any action brought against the Licensee by the Commission or a Participating 5
State, and consent to accept service of a subpoena by mail at the Licensee’s 6
primary residence on record with the Commission with respect to any action 7
brought or investigation conducted by the Commission or a Participating 8
State. 9
B. The Licensee must comply with the requirements of subsection A of 10
this section to maintain the Compact Privilege in the Remote State. If those 11
requirements are met, the Compact Privilege will continue as long as the 12
Licensee maintains a Qualifying License in the State through which the 13
Licensee applied for the Compact Privilege and pays any applicable Compact 14
Privilege renewal fees. 15
C. A Licensee providing dentistry or dental hygiene in a Remote State 16
under the Compact Privilege shall function within the Scope of Practice 17
authorized by the Remote State for a Dentist or Dental Hygienist licensed in 18
that State. 19
D. A Licensee providing dentistry or dental hygiene pursuant to a 20
Compact Privilege in a Remote State is subject to that State’s regulatory 21
authority. A Remote State may, in accordance with due process and that 22
State’s laws, by Adverse Action revoke or remove a Licensee’s Compact 23
Privilege in the Remote State for a specific period of time and impose fines 24
or take any other necessary actions to protect the health and safety of its 25
citizens. If a Remote State imposes an Adverse Action against a Compact 26
Privilege that limits the Compact Privilege, that Adverse Action applies to 27
all Compact Privileges in all Remote States. A Licensee whose Compact 28
Privilege in a Remote State is removed for a specified period of time is not 29
eligible for a Compact Privilege in any other Remote State until the specific 30
time for removal of the Compact Privilege has passed and all encumbrance 31
requirements are satisfied. 32
E. If a License in a Participating State is an Encumbered License, the 33
Licensee shall lose the Compact Privilege in a Remote State and shall not be 34
eligible for a Compact Privilege in any Remote State until the License is no 35
longer encumbered. 36 As Engrossed: H3/12/25 SB111
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F. Once an Encumbered License in a Participating State is restored to 1
good standing, the Licensee must meet the requirements of subsection A of 2
this section to obtain a Compact Privilege in a Remote State. 3
G. If a Licensee’s Compact Privilege in a Remote State is removed by 4
the Remote State, the individual shall lose or be ineligible for the Compact 5
Privilege in any Remote State until the following occur: 6
1. The specific period of time for which the Compact Privilege 7
was removed has ended; and 8
2. All conditions for removal of the Compact Privilege have been 9
satisfied. 10
H. Once the requirements of subsection G of this section have been 11
met, the Licensee must meet the requirements in subsection A of this section 12
to obtain a Compact Privilege in a Remote State. 13
14
SECTION 5. ACTIVE MILITARY MEMBER OR THEIR SPOUSES 15
An Active Military Member and their spouse shall not be required to pay 16
to the Commission for a Compact Privilege the fee otherwise charged by the 17
Commission. If a Remote State chooses to charge a fee for a Compact 18
Privilege, it may choose to charge a reduced fee or no fee to an Active 19
Military Member and their spouse for a Compact Privilege. 20
21
SECTION 6. ADVERSE ACTIONS 22
A. A Participating State in which a Licensee is licensed shall have 23
exclusive authority to impose Adverse Action against the Qualifying License 24
issued by that Participating State. 25
B. A Participating State may take Adverse Action based on the 26
Significant Investigative Information of a Remote State, so long as the 27
Participating State follows its own procedures for imposing Adverse Action. 28
C. Nothing in this Compact shall override a Participating State’s 29
decision that participation in an Alternative Program may be used in lieu of 30
Adverse Action and that such participation shall remain non -public if 31
required by the Participating State’s laws. Participating States must require 32
Licensees who enter any Alternative Program in lieu of discipline to agree 33
not to practice pursuant to a Compact Privilege in any other Participating 34
State during the term of the Alternative Program without prior authorization 35
from such other Participating State. 36 As Engrossed: H3/12/25 SB111
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D. Any Participating State in which a Licensee is applying to practice 1
or is practicing pursuant to a Compact Privilege may investigate actual or 2
alleged violations of the statutes and regulations authorizing the practice 3
of dentistry or dental hygiene in any other Participating State in which the 4
Dentist or Dental Hygienist holds a License or Compact Privilege. 5
E. A Remote State shall have the authority to: 6
1. Take Adverse Actions as set forth in Section 4.D against a 7
Licensee’s Compact Privilege in the State; 8
2. In furtherance of its rights and responsibilities under the 9
Compact and the Commission’s Rules issue subpoenas for both hearings and 10
investigations that require the attendance and testimony of witnesses, and 11
the production of evidence. Subpoenas issued by a State Licensing Authority 12
in a Participating State for the attendance and testimony of witnesses, or 13
the production of evidence from another Participating State, shall be 14
enforced in the latter State by any court of competent jurisdiction, 15
according to the practice and procedure of that court applicable to subpoenas 16
issued in proceedings pending before it. The issuing authority shall pay any 17
witness fees, travel expenses, mileage, and other fees required by the 18
service statutes of the State where the witnesses or evidence are located; 19
and 20
3. If otherwise permitted by State law, recover from the 21
Licensee the costs of investigations and disposition of cases resulting from 22
any Adverse Action taken against that Licensee. 23
F. Joint Investigations 24
1. In addition to the authority granted to a Participating State 25
by its Dentist or Dental Hygienist licensure act or other applicable State 26
law, a Participating State may jointly investigate Licensees with other 27
Participating States. 28
2. Participating States shall share any Significant 29
Investigative Information, litigation, or compliance materials in furtherance 30
of any joint or individual investigation initiated under the Compact. 31
G. Authority to Continue Investigation 32
1. After a Licensee's Compact Privilege in a Remote State is 33
terminated, the Remote State may continue an investigation of the Licensee 34
that began when the Licensee had a Compact Privilege in that Remote State. 35
2. If the investigation yields what would be Significant 36 As Engrossed: H3/12/25 SB111
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Investigative Information had the Licensee continued to have a Compact 1
Privilege in that Remote State, the Remote State shall report the presence of 2
such information to the Data System as required by Section 8.B.6 as if it was 3
Significant Investigative Information. 4
5
SECTION 7. ESTABLISHMENT AND OPERATION OF THE COMMISSION. 6
A. The Compact Participating States hereby create and establish a 7
joint government agency whose membership consists of all Participating States 8
that have enacted the Compact. The Commission is an instrumentality of the 9
Participating States acting jointly and not an instrumentality of any one 10
State. The Commission shall come into existence on or after the effective 11
date of the Compact as set forth in Section 11A. 12
B. Participation, Voting, and Meetings 13
1. Each Participating State shall have and be limited to one (1) 14
Commissioner selected by that Participating State’s State Licensing Authority 15
or, if the State has more than one State Licensing Authority, selected 16
collectively by the State Licensing Authorities. 17
2. The Commissioner shall be a member or designee of such 18
Authority or Authorities. 19
3. The Commission may by Rule or bylaw establish a term of 20
office for Commissioners and may by Rule or bylaw establish term limits. 21
4. The Commission may recommend to a State Licensing Authority 22
or Authorities, as applicable, removal or suspension of an individual as the 23
State’s Commissioner. 24
5. A Participating State’s State Licensing Authority, or 25
Authorities, as applicable, shall fill any vacancy of its Commissioner on the 26
Commission within sixty (60) days of the vacancy. 27
6. Each Commissioner shall be entitled to one vote on all 28
matters that are voted upon by the Commission. 29
7. The Commission shall meet at least once during each calendar 30
year. Additional meetings may be held as set forth in the bylaws. The 31
Commission may meet by telecommunication, video conference or other similar 32
electronic means. 33
C. The Commission shall have the following powers: 34
1. Establish the fiscal year of the Commission; 35
2. Establish a code of conduct and conflict of interest 36 As Engrossed: H3/12/25 SB111
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policies; 1
3. Adopt Rules and bylaws; 2
4. Maintain its financial records in accordance with the bylaws; 3
5. Meet and take such actions as are consistent with the 4
provisions of this Compact, the Commission’s Rules, and the bylaws; 5
6. Initiate and conclude legal proceedings or actions in the 6
name of the Commission, provided that the standing of any State Licensing 7
Authority to sue or be sued under applicable law shall not be affected; 8
7. Maintain and certify records and information provided to a 9
Participating State as the authenticated business records of the Commission, 10
and designate a person to do so on the Commission's behalf; 11
8. Purchase and maintain insurance and bonds; 12
9. Borrow, accept, or contract for services of personnel, 13
including, but not limited to, employees of a Participating State; 14
10. Conduct an annual financial review; 15
11. Hire employees, elect or appoint officers, fix compensation, 16
define duties, grant such individuals appropriate authority to carry out the 17
purposes of the Compact, and establish the Commission’s personnel policies 18
and programs relating to conflicts of interest, qualifications of personnel, 19
and other related personnel matters; 20
12. As set forth in the Commission Rules, charge a fee to a 21
Licensee for the grant of a Compact Privilege in a Remote State and 22
thereafter, as may be established by Commission Rule, charge the Licensee a 23
Compact Privilege renewal fee for each renewal period in which that Licensee 24
exercises or intends to exercise the Compact Privilege in that Remote State. 25
Nothing herein shall be construed to prevent a Remote State from charging a 26
Licensee a fee for a Compact Privilege or renewals of a Compact Privilege, or 27
a fee for the Jurisprudence Requirement if the Remote State imposes such a 28
requirement for the grant of a Compact Privilege; 29
13. Accept any and all appropriate gifts, donations, grants of 30
money, other sources of revenue, equipment, supplies, materials, and 31
services, and receive, utilize, and dispose of the same; provided that at all 32
times the Commission shall avoid any appearance of impropriety and/or 33
conflict of interest; 34
14. Lease, purchase, retain, own, hold, improve, or use any 35
property, real, personal, or mixed, or any undivided interest therein; 36 As Engrossed: H3/12/25 SB111
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15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or 1
otherwise dispose of any property real, personal, or mixed; 2
16. Establish a budget and make expenditures; 3
17. Borrow money; 4
18. Appoint committees, including standing committees, which may 5
be composed of members, State regulators, State legislators or their 6
representatives, and consumer representatives, and such other interested 7
persons as may be designated in this Compact and the bylaws; 8
19. Provide and receive information from, and cooperate with, 9
law enforcement agencies; 10
20. Elect a Chair, Vice Chair, Secretary and Treasurer and such 11
other officers of the Commission as provided in the Commission’s bylaws; 12
21. Establish and elect an Executive Board; 13
22. Adopt and provide to the Participating States an annual 14
report; 15
23. Determine whether a State’s enacted compact is materially 16
different from the Model Compact language such that the State would not 17
qualify for participation in the Compact; and 18
24. Perform such other functions as may be necessary or 19
appropriate to achieve the purposes of this Compact. 20
D. Meetings of the Commission 21
1. All meetings of the Commission that are not closed pursuant 22
to this subsection shall be open to the public. Notice of public meetings 23
shall be posted on the Commission’s website at least thirty (30) days prior 24
to the public meeting. 25
2. Notwithstanding subsection D.1 of this section, the 26
Commission may convene an emergency public meeting by providing at least 27
twenty-four (24) hours prior notice on the Commission’s website, and any 28
other means as provided in the Commission’s Rules, for any of the reasons it 29
may dispense with notice of proposed rulemaking under Section 9.L. The 30
Commission’s legal counsel shall certify that one of the reasons justifying 31
an emergency public meeting has been met. 32
3. Notice of all Commission meetings shall provide the time, 33
date, and location of the meeting, and if the meeting is to be held or 34
accessible via telecommunication, video conference, or other electronic 35
means, the notice shall include the mechanism for access to the meeting 36 As Engrossed: H3/12/25 SB111
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through such means. 1
4. The Commission may convene in a closed, non -public meeting 2
for the Commission to receive legal advice or to discuss: 3
a. Non-compliance of a Participating State with its 4
obligations under the Compact; 5
b. The employment, compensation, discipline or other 6
matters, practices or procedures related to specific employees or other 7
matters related to the Commission’s internal personnel practices and 8
procedures; 9
c. Current or threatened discipline of a Licensee or 10
Compact Privilege holder by the Commission or by a Participating State’s 11
State Licensing Authority; 12
d. Current, threatened, or reasonably anticipated 13
litigation; 14
e. Negotiation of contracts for the purchase, lease, or 15
sale of goods, services, or real estate; 16
f. Accusing any person of a crime or formally censuring 17
any person; 18
g. Trade secrets or commercial or financial information 19
that is privileged or confidential; 20
h. Information of a personal nature where disclosure would 21
constitute a clearly unwarranted invasion of personal privacy; 22
i. Investigative records compiled for law enforcement 23
purposes; 24
j. Information related to any investigative reports 25
prepared by or on behalf of or for use of the Commission or other committee 26
charged with responsibility of investigation or determination of compliance 27
issues pursuant to the Compact; 28
k. Legal advice; 29
l. Matters specifically exempted from disclosure to the 30
public by federal or Participating State law; and 31
m. Other matters as promulgated by the Commission by Rule. 32
5. If a meeting, or portion of a meeting, is closed, the 33
presiding officer shall state that the meeting will be closed and reference 34
each relevant exempting provision, and such reference shall be recorded in 35
the minutes. 36 As Engrossed: H3/12/25 SB111
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6. The Commission shall keep minutes that fully and clearly 1
describe all matters discussed in a meeting and shall provide a full and 2
accurate summary of actions taken, and the reasons therefore, including a 3
description of the views expressed. All documents considered in connection 4
with an action shall be identified in such minutes. All minutes and documents 5
of a closed meeting shall remain under seal, subject to release only by a 6
majority vote of the Commission or order of a court of competent 7
jurisdiction. 8
E. Financing of the Commission 9
1. The Commission shall pay, or provide for the payment of, the 10
reasonable expenses of its establishment, organization, and ongoing 11
activities. 12
2. The Commission may accept any and all appropriate sources of 13
revenue, donations, and grants of money, equipment, supplies, materials, and 14
services. 15
3. The Commission may levy on and collect an annual assessment 16
from each Participating State and impose fees on Licensees of Participating 17
States when a Compact Privilege is granted, to cover the cost of the 18
operations and activities of the Commission and its staff, which must be in a 19
total amount sufficient to cover its annual budget as approved each fiscal 20
year for which sufficient revenue is not provided by other sources. The 21
aggregate annual assessment amount for Participating States shall be 22
allocated based upon a formula that the Commission shall promulgate by Rule. 23
4. The Commission shall not incur obligations of any kind prior 24
to securing the funds adequate to meet the same; nor shall the Commission 25
pledge the credit of any Participating State, except by and with the 26
authority of the Participating State. 27
5. The Commission shall keep accurate accounts of all receipts 28
and disbursements. The receipts and disbursements of the Commission shall be 29
subject to the financial review and accounting procedures established under 30
its bylaws. All receipts and disbursements of funds handled by the Commission 31
shall be subject to an annual financial review by a certified or licensed 32
public accountant, and the report of the financial review shall be included 33
in and become part of the annual report of the Commission. 34
F. The Executive Board 35
1. The Executive Board shall have the power to act on behalf of 36 As Engrossed: H3/12/25 SB111
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the Commission according to the terms of this Compact. The powers, duties, 1
and responsibilities of the Executive Board shall include: 2
a. Overseeing the day -to-day activities of the 3
administration of the Compact including compliance with the provisions of the 4
Compact, the Commission’s Rules and bylaws; 5
b. Recommending to the Commission changes to the Rules or 6
bylaws, changes to this Compact legislation, fees charged to Compact 7
Participating States, fees charged to Licensees, and other fees; 8
c. Ensuring Compact administration services are 9
appropriately provided, including by contract; 10
d. Preparing and recommending the budget; 11
e. Maintaining financial records on behalf of the 12
Commission; 13
f. Monitoring Compact compliance of Participating States 14
and providing compliance reports to the Commission; 15
g. Establishing additional committees as necessary; 16
h. Exercising the powers and duties of the Commission 17
during the interim between Commission meetings, except for adopting or 18
amending Rules, adopting or amending bylaws, and exercising any other powers 19
and duties expressly reserved to the Commission by Rule or bylaw; and 20
i. Other duties as provided in the Rules or bylaws of the 21
Commission. 22
2. The Executive Board shall be composed of up to seven (7) 23
members: 24
a. The Chair, Vice Chair, Secretary and Treasurer of the 25
Commission and any other members of the Commission who serve on the Executive 26
Board shall be voting members of the Executive Board; and 27
b. Other than the Chair, Vice Chair, Secretary, and 28
Treasurer, the Commission may elect up to three (3) voting members from the 29
current membership of the Commission. 30
3. The Commission may remove any member of the Executive Board 31
as provided in the Commission’s bylaws. 32
4. The Executive Board shall meet at least annually. 33
a. An Executive Board meeting at which it takes or intends 34
to take formal action on a matter shall be open to the public, except that 35
the Executive Board may meet in a closed, non -public session of a public 36 As Engrossed: H3/12/25 SB111
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meeting when dealing with any of the matters covered under subsection D.4. 1
b. The Executive Board shall give five (5) business days’ 2
notice of its public meetings, posted on its website and as it may otherwise 3
determine to provide notice to persons with an interest in the public matters 4
the Executive Board intends to address at those meetings. 5
5. The Executive Board may hold an emergency meeting when acting 6
for the Commission to: 7
a. Meet an imminent threat to public health, safety, or 8
welfare; 9
b. Prevent a loss of Commission or Participating State 10
funds; or 11
c. Protect public health and safety. 12
G. Qualified Immunity, Defense, and Indemnification 13
1. The members, officers, executive director, employees and 14
representatives of the Commission shall be immune from suit and liability, 15
both personally and in their official capacity, for any claim for damage to 16
or loss of property or personal injury or other civil liability caused by or 17
arising out of any actual or alleged act, error, or omission that occurred, 18
or that the person against whom the claim is made had a reasonable basis for 19
believing occurred within the scope of Commission employment, duties or 20
responsibilities; provided that nothing in this paragraph shall be construed 21
to protect any such person from suit or liability for any damage, loss, 22
injury, or liability caused by the intentional or willful or wanton 23
misconduct of that person. The procurement of insurance of any type by the 24
Commission shall not in any way compromise or limit the immunity granted 25
hereunder. 26
2. The Commission shall defend any member, officer, executive 27
director, employee, and representative of the Commission in any civil action 28
seeking to impose liability arising out of any actual or alleged act, error, 29
or omission that occurred within the scope of Commission employment, duties, 30
or responsibilities, or as determined by the Commission that the person 31
against whom the claim is made had a reasonable basis for believing occurred 32
within the scope of Commission employment, duties, or responsibilities; 33
provided that nothing herein shall be construed to prohibit that person from 34
retaining their own counsel at their own expense; and provided further, that 35
the actual or alleged act, error, or omission did not result from that 36 As Engrossed: H3/12/25 SB111
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person’s intentional or willful or wanton misconduct. 1
3. Notwithstanding subsection G.1 of this section, should any 2
member, officer, executive director, employee, or representative of the 3
Commission be held liable for the amount of any settlement or judgment 4
arising out of any actual or alleged act, error, or omission that occurred 5
within the scope of that individual's employment, duties, or responsibilities 6
for the Commission, or that the person to whom that individual is liable had 7
a reasonable basis for believing occurred within the scope of the 8
individual's employment, duties, or responsibilities for the Commission, the 9
Commission shall indemnify and hold harmless such individual, provided that 10
the actual or alleged act, error, or omission did not result from the 11
intentional or willful or wanton misconduct of the individual. 12
4. Nothing herein shall be construed as a limitation on the 13
liability of any Licensee for professional malpractice or misconduct, which 14
shall be governed solely by any other applicable State laws. 15
5. Nothing in this Compact shall be interpreted to waive or 16
otherwise abrogate a Participating State’s state action immunity or state 17
action affirmative defense with respect to antitrust claims under the Sherman 18
Act, Clayton Act, or any other State or federal antitrust or anticompetitive 19
law or regulation. 20
6. Nothing in this Compact shall be construed to be a waiver of 21
sovereign immunity by the Participating States or by the Commission. 22
23
SECTION 8. DATA SYSTEM 24
A. The Commission shall provide for the development, maintenance, 25
operation, and utilization of a coordinated database and reporting system 26
containing licensure, Adverse Action, and the presence of Significant 27
Investigative Information on all Licensees and applicants for a License in 28
Participating States. 29
B. Notwithstanding any other provision of State law to the contrary, a 30
Participating State shall submit a uniform data set to the Data System on all 31
individuals to whom this Compact is applicable as required by the Rules of 32
the Commission, including: 33
1. Identifying information; 34
2. Licensure data; 35
3. Adverse Actions against a Licensee, License applicant or 36 As Engrossed: H3/12/25 SB111
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Compact Privilege and information related thereto; 1
4. Non-confidential information related to Alternative Program 2
participation, the beginning and ending dates of such participation, and 3
other information related to such participation; 4
5. Any denial of an application for licensure, and the reason(s) 5
for such denial, (excluding the reporting of any criminal history record 6
information where prohibited by law); 7
6. The presence of Significant Investigative Information; and 8
7. Other information that may facilitate the administration of 9
this Compact or the protection of the public, as determined by the Rules of 10
the Commission. 11
C. The records and information provided to a Participating State 12
pursuant to this Compact or through the Data System, when certified by the 13
Commission or an agent thereof, shall constitute the authenticated business 14
records of the Commission, and shall be entitled to any associated hearsay 15
exception in any relevant judicial, quasi -judicial or administrative 16
proceedings in a Participating State. 17
D. Significant Investigative Information pertaining to a Licensee in 18
any Participating State will only be available to other Participating States. 19
E. It is the responsibility of the Participating States to monitor the 20
database to determine whether Adverse Action has been taken against a 21
Licensee or License applicant. Adverse Action information pertaining to a 22
Licensee or License applicant in any Participating State will be available to 23
any other Participating State. 24
F. Participating States contributing information to the Data System 25
may designate information that may not be shared with the public without the 26
express permission of the contributing State. 27
G. Any information submitted to the Data System that is subsequently 28
expunged pursuant to federal law or the laws of the Participating State 29
contributing the information shall be removed from the Data System. 30
31
SECTION 9. RULEMAKING 32
A. The Commission shall promulgate reasonable Rules in order to 33
effectively and efficiently implement and administer the purposes and 34
provisions of the Compact. A Commission Rule shall be invalid and have no 35
force or effect only if a court of competent jurisdiction holds that the Rule 36 As Engrossed: H3/12/25 SB111
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is invalid because the Commission exercised its rulemaking authority in a 1
manner that is beyond the scope and purposes of the Compact, or the powers 2
granted hereunder, or based upon another applicable standard of review. 3
B. The Rules of the Commission shall have the force of law in each 4
Participating State, provided however that where the Rules of the Commission 5
conflict with the laws of the Participating State that establish the 6
Participating State’s Scope of Practice as held by a court of competent 7
jurisdiction, the Rules of the Commission shall be ineffective in that State 8
to the extent of the conflict. 9
C. The Commission shall exercise its Rulemaking powers pursuant to the 10
criteria set forth in this section and the Rules adopted thereunder. Rules 11
shall become binding as of the date specified by the Commission for each 12
Rule. 13
D. If a majority of the legislatures of the Participating States 14
rejects a Commission Rule or portion of a Commission Rule, by enactment of a 15
statute or resolution in the same manner used to adopt the Compact, within 16
four (4) years of the date of adoption of the Rule, then such Rule shall have 17
no further force and effect in any Participating State or to any State 18
applying to participate in the Compact. 19
E. Rules shall be adopted at a regular or special meeting of the 20
Commission. 21
F. Prior to adoption of a proposed Rule, the Commission shall hold a 22
public hearing and allow persons to provide oral and written comments, data, 23
facts, opinions, and arguments. 24
G . Prior to adoption of a proposed Rule by the Commission, and at 25
least thirty (30) days in advance of the meeting at which the Commission will 26
hold a public hearing on the proposed Rule, the Commission shall provide a 27
Notice of Proposed Rulemaking: 28
1. On the website of the Commission or other publicly accessible 29
platform; 30
2. To persons who have requested notice of the Commission’s 31
notices of proposed rulemaking, and 32
3. In such other way(s) as the Commission may by Rule specify. 33
H. The Notice of Proposed Rulemaking shall include: 34
1. The time, date, and location of the public hearing at which 35
the Commission will hear public comments on the proposed Rule and, if 36 As Engrossed: H3/12/25 SB111
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different, the time, date, and location of the meeting where the Commission 1
will consider and vote on the proposed Rule; 2
2. If the hearing is held via telecommunication, video 3
conference, or other electronic means, the Commission shall include the 4
mechanism for access to the hearing in the Notice of Proposed Rulemaking; 5
3. The text of the proposed Rule and the reason therefor; 6
4. A request for comments on the proposed Rule from any 7
interested person; and 8
5. The manner in which interested persons may submit written 9
comments. 10
I. All hearings will be recorded. A copy of the recording and all 11
written comments and documents received by the Commission in response to the 12
proposed Rule shall be available to the public. 13
J. Nothing in this section shall be construed as requiring a separate 14
hearing on each Commission Rule. Rules may be grouped for the convenience of 15
the Commission at hearings required by this section. 16
K. The Commission shall, by majority vote of all Commissioners, take 17
final action on the proposed Rule based on the rulemaking record. 18
1. The Commission may adopt changes to the proposed Rule 19
provided the changes do not enlarge the original purpose of the proposed 20
Rule. 21
2. The Commission shall provide an explanation of the reasons 22
for substantive changes made to the proposed Rule as well as reasons for 23
substantive changes not made that were recommended by commenters. 24
3. The Commission shall determine a reasonable effective date 25
for the Rule. Except for an emergency as provided in subsection L, the 26
effective date of the Rule shall be no sooner than thirty (30) days after the 27
Commission issuing the notice that it adopted or amended the Rule. 28
L. Upon determination that an emergency exists, the Commission may 29
consider and adopt an emergency Rule with 24 hours’ notice, with opportunity 30
to comment, provided that the usual rulemaking procedures provided in the 31
Compact and in this section shall be retroactively applied to the Rule as 32
soon as reasonably possible, in no event later than ninety (90) days after 33
the effective date of the Rule. For the purposes of this provision, an 34
emergency Rule is one that must be adopted immediately in order to: 35
1. Meet an imminent threat to public health, safety, or welfare; 36 As Engrossed: H3/12/25 SB111
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2. Prevent a loss of Commission or Participating State funds; 1
3. Meet a deadline for the promulgation of a Rule that is 2
established by federal law or rule; or 3
4. Protect public health and safety. 4
M. The Commission or an authorized committee of the Commission may 5
direct revisions to a previously adopted Rule for purposes of correcting 6
typographical errors, errors in format, errors in consistency, or grammatical 7
errors. Public notice of any revisions shall be posted on the website of the 8
Commission. The revision shall be subject to challenge by any person for a 9
period of thirty (30) days after posting. The revision may be challenged only 10
on grounds that the revision results in a material change to a Rule. A 11
challenge shall be made in writing and delivered to the Commission prior to 12
the end of the notice period. If no challenge is made, the revision will take 13
effect without further action. If the revision is challenged, the revision 14
may not take effect without the approval of the Commission. 15
N. No Participating State’s rulemaking requirements shall apply under 16
this Compact 17
18
SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 19
A. Oversight 20
1. The executive and judicial branches of State government in 21
each Participating State shall enforce this Compact and take all actions 22
necessary and appropriate to implement the Compact. 23
2. Venue is proper and judicial proceedings by or against the 24
Commission shall be brought solely and exclusively in a court of competent 25
jurisdiction where the principal office of the Commission is located. The 26
Commission may waive venue and jurisdictional defenses to the extent it 27
adopts or consents to participate in alternative dispute resolution 28
proceedings. Nothing herein shall affect or limit the selection or propriety 29
of venue in any action against a Licensee for professional malpractice, 30
misconduct or any such similar matter. 31
3. The Commission shall be entitled to receive service of 32
process in any proceeding regarding the enforcement or interpretation of the 33
Compact or Commission Rule and shall have standing to intervene in such a 34
proceeding for all purposes. Failure to provide the Commission service of 35
process shall render a judgment or order void as to the Commission, this 36 As Engrossed: H3/12/25 SB111
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Compact, or promulgated Rules. 1
B. Default, Technical Assistance, and Termination 2
1. If the Commission determines that a Participating State has 3
defaulted in the performance of its obligations or responsibilities under 4
this Compact or the promulgated Rules, the Commission shall provide written 5
notice to the defaulting State. The notice of default shall describe the 6
default, the proposed means of curing the default, and any other action that 7
the Commission may take, and shall offer training and specific technical 8
assistance regarding the default. 9
2. The Commission shall provide a copy of the notice of default 10
to the other Participating States. 11
C. If a State in default fails to cure the default, the defaulting 12
State may be terminated from the Compact upon an affirmative vote of a 13
majority of the Commissioners, and all rights, privileges and benefits 14
conferred on that State by this Compact may be terminated on the effective 15
date of termination. A cure of the default does not relieve the offending 16
State of obligations or liabilities incurred during the period of default. 17
D. Termination of participation in the Compact shall be imposed only 18
after all other means of securing compliance have been exhausted. Notice of 19
intent to suspend or terminate shall be given by the Commission to the 20
governor, the majority and minority leaders of the defaulting State’s 21
legislature, the defaulting State’s State Licensing Authority or Authorities, 22
as applicable, and each of the Participating States’ State Licensing 23
Authority or Authorities, as applicable. 24
E. A State that has been terminated is responsible for all 25
assessments, obligations, and liabilities incurred through the effective date 26
of termination, including obligations that extend beyond the effective date 27
of termination. 28
F. Upon the termination of a State’s participation in this Compact, 29
that State shall immediately provide notice to all Licensees of the State, 30
including Licensees of other Participating States issued a Compact Privilege 31
to practice within that State, of such termination. The terminated State 32
shall continue to recognize all Compact Privileges then in effect in that 33
State for a minimum of one hundred eighty (180) days after the date of said 34
notice of termination. 35
G. The Commission shall not bear any costs related to a State that is 36 As Engrossed: H3/12/25 SB111
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found to be in default or that has been terminated from the Compact, unless 1
agreed upon in writing between the Commission and the defaulting State. 2
H. The defaulting State may appeal the action of the Commission by 3
petitioning the U.S. District Court for the District of Columbia or the 4
federal district where the Commission has its principal offices. The 5
prevailing party shall be awarded all costs of such litigation, including 6
reasonable attorney’s fees. 7
I. Dispute Resolution 8
1. Upon request by a Participating State, the Commission shall 9
attempt to resolve disputes related to the Compact that arise among 10
Participating States and between Participating States and non -Participating 11
States. 12
2. The Commission shall promulgate a Rule providing for both 13
mediation and binding dispute resolution for disputes as appropriate. 14
J. Enforcement 15
1. The Commission, in the reasonable exercise of its discretion, 16
shall enforce the provisions of this Compact and the Commission’s Rules. 17
2. By majority vote, the Commission may initiate legal action 18
against a Participating State in default in the United States District Court 19
for the District of Columbia or the federal district where the Commission has 20
its principal offices to enforce compliance with the provisions of the 21
Compact and its promulgated Rules. The relief sought may include both 22
injunctive relief and damages. In the event judicial enforcement is 23
necessary, the prevailing party shall be awarded all costs of such 24
litigation, including reasonable attorney’s fees. The remedies herein shall 25
not be the exclusive remedies of the Commission. The Commission may pursue 26
any other remedies available under federal or the defaulting Participating 27
State’s law. 28
3. A Participating State may initiate legal action against the 29
Commission in the U.S. District Court for the District of Columbia or the 30
federal district where the Commission has its principal offices to enforce 31
compliance with the provisions of the Compact and its promulgated Rules. The 32
relief sought may include both injunctive relief and damages. In the event 33
judicial enforcement is necessary, the prevailing party shall be awarded all 34
costs of such litigation, including reasonable attorney’s fees. 35
4. No individual or entity other than a Participating State may 36 As Engrossed: H3/12/25 SB111
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enforce this Compact against the Commission. 1
2
SECTION 11. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT 3
A. The Compact shall come into effect on the date on which the Compact 4
statute is enacted into law in the seventh Participating State. 5
1. On or after the effective date of the Compact, the Commission 6
shall convene and review the enactment of each of the States that enacted the 7
Compact prior to the Commission convening (“Charter Participating States”) to 8
determine if the statute enacted by each such Charter Participating State is 9
materially different than the Model Compact. 10
a. A Charter Participating State whose enactment is found 11
to be materially different from the Model Compact shall be entitled to the 12
default process set forth in Section 10. 13
b. If any Participating State is later found to be in 14
default, or is terminated or withdraws from the Compact, the Commission shall 15
remain in existence and the Compact shall remain in effect even if the number 16
of Participating States should be less than seven (7). 17
2. Participating States enacting the Compact subsequent to the 18
Charter Participating States shall be subject to the process set forth in 19
Section 7.C.23 to determine if their enactments are materially different from 20
the Model Compact and whether they qualify for participation in the Compact. 21
3. All actions taken for the benefit of the Commission or in 22
furtherance of the purposes of the administration of the Compact prior to the 23
effective date of the Compact or the Commission coming into existence shall 24
be considered to be actions of the Commission unless specifically repudiated 25
by the Commission. 26
4. Any State that joins the Compact subsequent to the 27
Commission’s initial adoption of the Rules and bylaws shall be subject to the 28
Commission’s Rules and bylaws as they exist on the date on which the Compact 29
becomes law in that State. Any Rule that has been previously adopted by the 30
Commission shall have the full force and effect of law on the day the Compact 31
becomes law in that State. 32
B. Any Participating State may withdraw from this Compact by enacting 33
a statute repealing that State’s enactment of the Compact. 34
1. A Participating State’s withdrawal shall not take effect 35
until one hundred eighty (180) days after enactment of the repealing statute. 36 As Engrossed: H3/12/25 SB111
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2. Withdrawal shall not affect the continuing requirement of the 1
withdrawing State’s State Licensing Authority or Authorities to comply with 2
the investigative and Adverse Action reporting requirements of this Compact 3
prior to the effective date of withdrawal. 4
3. Upon the enactment of a statute withdrawing from this 5
Compact, the State shall immediately provide notice of such withdrawal to all 6
Licensees within that State. Notwithstanding any subsequent statutory 7
enactment to the contrary, such withdrawing State shall continue to recognize 8
all Compact Privileges to practice within that State granted pursuant to this 9
Compact for a minimum of one hundred eighty (180) days after the date of such 10
notice of withdrawal. 11
C. Nothing contained in this Compact shall be construed to invalidate 12
or prevent any licensure agreement or other cooperative arrangement between a 13
Participating State and a non -Participating State that does not conflict with 14
the provisions of this Compact. 15
D. This Compact may be amended by the Participating States. No 16
amendment to this Compact shall become effective and binding upon any 17
Participating State until it is enacted into the laws of all Participating 18
States. 19
20
SECTION 12. CONSTRUCTION AND SEVERABILITY 21
A. This Compact and the Commission’s rulemaking authority shall be 22
liberally construed so as to effectuate the purposes, and the implementation 23
and administration of the Compact. Provisions of the Compact expressly 24
authorizing or requiring the promulgation of Rules shall not be construed to 25
limit the Commission’s rulemaking authority solely for those purposes. 26
B. The provisions of this Compact shall be severable and if any 27
phrase, clause, sentence or provision of this Compact is held by a court of 28
competent jurisdiction to be contrary to the constitution of any 29
Participating State, a State seeking participation in the Compact, or of the 30
United States, or the applicability thereof to any government, agency, person 31
or circumstance is held to be unconstitutional by a court of competent 32
jurisdiction, the validity of the remainder of this Compact and the 33
applicability thereof to any other government, agency, person or circumstance 34
shall not be affected thereby. 35
C. Notwithstanding subsection B of this section, the Commission may 36 As Engrossed: H3/12/25 SB111
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deny a State’s participation in the Compact or, in accordance with the 1
requirements of Section 10.B, terminate a Participating State’s participation 2
in the Compact, if it determines that a constitutional requirement of a 3
Participating State is a material departure from the Compact. Otherwise, if 4
this Compact shall be held to be contrary to the constitution of any 5
Participating State, the Compact shall remain in full force and effect as to 6
the remaining Participating States and in full force and effect as to the 7
Participating State affected as to all severable matters. 8
9
SECTION 13. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS 10
A. Nothing herein shall prevent or inhibit the enforcement of any 11
other law of a Participating State that is not inconsistent with the Compact. 12
B. Any laws, statutes, regulations, or other legal requirements in a 13
Participating State in conflict with the Compact are superseded to the extent 14
of the conflict. 15
C. All permissible agreements between the Commission and the 16
Participating States are binding in accordance with their terms. 17
18
17-82-902. Administration of compact — Rules. 19
(a) The Arkansas State Board of Dental Examiners is the Dentist and 20
Dental Hygienist Compact administrator for this state. 21
(b)(1) The board shall promulgate rules necessary to implement this 22
subchapter. 23
(2) Rules promulgated by the board under subdivision (b)(1) of 24
this section shall be consistent with the Dentist and Dental Hygienist 25
Compact necessary to implement this subchapter. 26
(c) The board is not required to adopt the rules of the Dentist and 27
Dental Hygienist Compact Commission for those rules to be effective in this 28
state. 29
(d) For the purposes of the member state's ability to reject a rule 30
under Section 9(D) of the Dentist and Dental Hygienist Compact, Arkansas 31
delegates its authority in this provision to the General Assembly or the 32
Legislative Council. 33
34
SECTION 2. DO NOT CODIFY. Initial rules. 35
(a) The Arkansas State Board of Dental Examiners shall promulgate 36 As Engrossed: H3/12/25 SB111
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rules necessary to implement this act. 1
(b) When adopting the initial rules to implement this act, the final 2
rules shall be filed with the Secretary of State for adoption under § 25 -15-3
204(f): 4
(1) On or before January 1, 2026; or 5
(2) If approval under § 10 -3-309 has not occurred by January 1, 6
2026, as soon as practicable after approval under § 10 -3-309. 7
(c) The board shall file the proposed rule with the Legislative 8
Council under § 10-3-309(c) sufficiently in advance of January 1, 2026, so 9
that the Legislative Council may consider the rule for approval before 10
January 1, 2026. 11
12
/s/K. Hammer 13
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APPROVED: 3/25/25 16
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