Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2982 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2982 Introduced 1/31/2024, by Sen. Mary Edly-Allen SYNOPSIS AS INTRODUCED: New Act Creates the Dentist and Dental Hygienist Compact Act. Provides that the State of Illinois ratifies and approves the Compact. Provides that the purposes of the Compact are to facilitate the interstate practice of dentistry and dental hygiene and improve public access to dentistry and dental hygiene services by providing dentists and dental hygienists licensed in a participating state the ability to practice in participating states in which they are not licensed. Includes provisions about state participation in the Compact; qualifying licenses that are eligible for Compact privilege, including active military members or their spouses; imposition of adverse actions against a qualified license; establishment and operation of the Commission, including each participating state selecting one commissioner to the Commission; development, maintenance, operation, and utilization of a coordinated database and reporting system containing licensure; rulemaking powers of the Commission; oversight, dispute resolution, and enforcement of the Compact; effective date of and amendment to the Compact; withdrawal from the Compact by a participating state; construction and severability; and effect on and conflict with other state laws. LRB103 37695 AWJ 67822 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2982 Introduced 1/31/2024, by Sen. Mary Edly-Allen SYNOPSIS AS INTRODUCED: New Act New Act Creates the Dentist and Dental Hygienist Compact Act. Provides that the State of Illinois ratifies and approves the Compact. Provides that the purposes of the Compact are to facilitate the interstate practice of dentistry and dental hygiene and improve public access to dentistry and dental hygiene services by providing dentists and dental hygienists licensed in a participating state the ability to practice in participating states in which they are not licensed. Includes provisions about state participation in the Compact; qualifying licenses that are eligible for Compact privilege, including active military members or their spouses; imposition of adverse actions against a qualified license; establishment and operation of the Commission, including each participating state selecting one commissioner to the Commission; development, maintenance, operation, and utilization of a coordinated database and reporting system containing licensure; rulemaking powers of the Commission; oversight, dispute resolution, and enforcement of the Compact; effective date of and amendment to the Compact; withdrawal from the Compact by a participating state; construction and severability; and effect on and conflict with other state laws. LRB103 37695 AWJ 67822 b LRB103 37695 AWJ 67822 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2982 Introduced 1/31/2024, by Sen. Mary Edly-Allen SYNOPSIS AS INTRODUCED:
33 New Act New Act
44 New Act
55 Creates the Dentist and Dental Hygienist Compact Act. Provides that the State of Illinois ratifies and approves the Compact. Provides that the purposes of the Compact are to facilitate the interstate practice of dentistry and dental hygiene and improve public access to dentistry and dental hygiene services by providing dentists and dental hygienists licensed in a participating state the ability to practice in participating states in which they are not licensed. Includes provisions about state participation in the Compact; qualifying licenses that are eligible for Compact privilege, including active military members or their spouses; imposition of adverse actions against a qualified license; establishment and operation of the Commission, including each participating state selecting one commissioner to the Commission; development, maintenance, operation, and utilization of a coordinated database and reporting system containing licensure; rulemaking powers of the Commission; oversight, dispute resolution, and enforcement of the Compact; effective date of and amendment to the Compact; withdrawal from the Compact by a participating state; construction and severability; and effect on and conflict with other state laws.
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1111 1 AN ACT concerning State government.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 1. Short title. This Act may be cited as the
1515 5 Dentist and Dental Hygienist Compact Act.
1616 6 Section 5. Dentist and Dental Hygienist Compact. The State
1717 7 of Illinois ratifies and approves the following Compact:
1818 8 DENTIST AND DENTAL HYGIENIST COMPACT
1919 9 SECTION 1. TITLE AND PURPOSE
2020 10 This statute shall be known and cited as the Dentist and
2121 11 Dental Hygienist Compact. The purposes of this Compact are to
2222 12 facilitate the interstate practice of dentistry and dental
2323 13 hygiene and improve public access to dentistry and dental
2424 14 hygiene services by providing Dentists and Dental Hygienists
2525 15 licensed in a Participating State the ability to practice in
2626 16 Participating States in which they are not licensed. The
2727 17 Compact does this by establishing a pathway for a Dentists and
2828 18 Dental Hygienists licensed in a Participating State to obtain
2929 19 a Compact Privilege that authorizes them to practice in
3030 20 another Participating State in which they are not licensed.
3131 21 The Compact enables Participating States to protect the public
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3535 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2982 Introduced 1/31/2024, by Sen. Mary Edly-Allen SYNOPSIS AS INTRODUCED:
3636 New Act New Act
3737 New Act
3838 Creates the Dentist and Dental Hygienist Compact Act. Provides that the State of Illinois ratifies and approves the Compact. Provides that the purposes of the Compact are to facilitate the interstate practice of dentistry and dental hygiene and improve public access to dentistry and dental hygiene services by providing dentists and dental hygienists licensed in a participating state the ability to practice in participating states in which they are not licensed. Includes provisions about state participation in the Compact; qualifying licenses that are eligible for Compact privilege, including active military members or their spouses; imposition of adverse actions against a qualified license; establishment and operation of the Commission, including each participating state selecting one commissioner to the Commission; development, maintenance, operation, and utilization of a coordinated database and reporting system containing licensure; rulemaking powers of the Commission; oversight, dispute resolution, and enforcement of the Compact; effective date of and amendment to the Compact; withdrawal from the Compact by a participating state; construction and severability; and effect on and conflict with other state laws.
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6666 1 health and safety with respect to the practice of such
6767 2 Dentists and Dental Hygienists, through the State's authority
6868 3 to regulate the practice of dentistry and dental hygiene in
6969 4 the State. The Compact:
7070 5 A. Enables Dentists and Dental Hygienists who qualify
7171 6 for a Compact Privilege to practice in other Participating
7272 7 States without satisfying burdensome and duplicative
7373 8 requirements associated with securing a License to
7474 9 practice in those States;
7575 10 B. Promotes mobility and addresses workforce shortages
7676 11 through each Participating State's acceptance of a Compact
7777 12 Privilege to practice in that State;
7878 13 C. Increases public access to qualified, licensed
7979 14 Dentists and Dental Hygienists by creating a responsible,
8080 15 streamlined pathway for Licensees to practice in
8181 16 Participating States;
8282 17 D. Enhances the ability of Participating States to
8383 18 protect the public's health and safety;
8484 19 E. Does not interfere with licensure requirements
8585 20 established by a Participating State;
8686 21 F. Facilitates the sharing of licensure and
8787 22 disciplinary information among Participating States;
8888 23 G. Requires Dentists and Dental Hygienists who
8989 24 practice in a Participating State pursuant to a Compact
9090 25 Privilege to practice within the Scope of Practice
9191 26 authorized in that State;
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102102 1 H. Extends the authority of a Participating State to
103103 2 regulate the practice of dentistry and dental hygiene
104104 3 within its borders to Dentists and Dental Hygienists who
105105 4 practice in the State through a Compact Privilege;
106106 5 I. Promotes the cooperation of Participating State in
107107 6 regulating the practice of dentistry and dental hygiene
108108 7 within those States;
109109 8 J. Facilitates the relocation of military members and
110110 9 their spouses who are licensed to practice dentistry or
111111 10 dental hygiene.
112112 11 SECTION 2. DEFINITIONS
113113 12 As used in this Compact, unless the context requires
114114 13 otherwise, the following definitions shall apply:
115115 14 A. "Active Military Member" means any person with
116116 15 full-time duty status in the armed forces of the United
117117 16 States, including members of the National Guard and
118118 17 Reserve.
119119 18 B. "Adverse Action" means disciplinary action or
120120 19 encumbrance imposed on a License or Compact Privilege by a
121121 20 State Licensing Authority.
122122 21 C. "Alternative Program" means a non-disciplinary
123123 22 monitoring or practice remediation process applicable to a
124124 23 Dentist or Dental Hygienist approved by a State Licensing
125125 24 Authority of a Participating State in which the Dentist or
126126 25 Dental Hygienist is licensed. This includes, but is not
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137137 1 limited to, programs to which Licensees with substance
138138 2 abuse or addiction issues are referred in lieu of Adverse
139139 3 Action.
140140 4 D. "Clinical Assessment" means examination or process,
141141 5 required for licensure as a Dentist or Dental Hygienist as
142142 6 applicable, that provides evidence of clinical competence
143143 7 in dentistry or dental hygiene.
144144 8 E. "Commissioner" means the individual appointed by a
145145 9 Participating State to serve as the member of the
146146 10 Commission for that Participating State.
147147 11 F. "Compact" means this Dentist and Dental Hygienist
148148 12 Compact.
149149 13 G. "Compact Privilege" means the authorization granted
150150 14 by a Remote State to allow a Licensee from a Participating
151151 15 State to practice as a Dentist or Dental Hygienist in a
152152 16 Remote State.
153153 17 H. "Continuing Professional Development" means a
154154 18 requirement, as a condition of License renewal to provide
155155 19 evidence of successful participation in educational or
156156 20 professional activities relevant to practice or area of
157157 21 work.
158158 22 I. "Criminal Background Check" means the submission of
159159 23 fingerprints or other biometric-based information for a
160160 24 License applicant for the purpose of obtaining that
161161 25 applicant's criminal history record information, as
162162 26 defined in 28 C.F.R. 20.3(d) from the Federal Bureau of
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173173 1 Investigation and the State's criminal history record
174174 2 repository as defined in 28 C.F.R. 20.3(f).
175175 3 J. "Data System" means the Commission's repository of
176176 4 information about Licensees, including but not limited to
177177 5 examination, licensure, investigative, Compact Privilege,
178178 6 Adverse Action, and Alternative Program.
179179 7 K. "Dental Hygienist" means an individual who is
180180 8 licensed by a State Licensing Authority to practice dental
181181 9 hygiene.
182182 10 L. "Dentist" means an individual who is licensed by a
183183 11 State Licensing Authority to practice dentistry.
184184 12 M. "Dentist and Dental Hygienist Compact Commission"
185185 13 or "Commission" means a joint government agency
186186 14 established by this Compact comprised of each State that
187187 15 has enacted the Compact and a national administrative body
188188 16 comprised of a Commissioner from each State that has
189189 17 enacted the Compact.
190190 18 N. "Encumbered License" means a License that a State
191191 19 Licensing Authority has limited in any way other than
192192 20 through an Alternative Program.
193193 21 O. "Executive Board" means the Chair, Vice Chair,
194194 22 Secretary and Treasurer and any other Commissioners as may
195195 23 be determined by Commission Rule or bylaw.
196196 24 P. "Jurisprudence Requirement" means the assessment of
197197 25 an individual's knowledge of the laws and Rules governing
198198 26 the practice of dentistry or dental hygiene, as
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209209 1 applicable, in a State.
210210 2 Q. "License" means current authorization by a State,
211211 3 other than authorization pursuant to a Compact Privilege,
212212 4 or other privilege, for an individual to practice as a
213213 5 Dentist or Dental Hygienist in that State.
214214 6 R. "Licensee" means an individual who holds an
215215 7 unrestricted License from a Participating State to
216216 8 practice as a Dentist or Dental Hygienist in that State.
217217 9 S. "Model Compact" the model for the Dentist and
218218 10 Dental Hygienist Compact on file with the Council of State
219219 11 Governments or other entity as designated by the
220220 12 Commission.
221221 13 T. "Participating State" means a State that has
222222 14 enacted the Compact and been admitted to the Commission in
223223 15 accordance with the provisions herein and Commission
224224 16 Rules.
225225 17 U. "Qualifying License" means a License that is not an
226226 18 Encumbered License issued by a Participating State to
227227 19 practice dentistry or dental hygiene.
228228 20 V. "Remote State" means a Participating State where a
229229 21 Licensee who is not licensed as a Dentist or Dental
230230 22 Hygienist is exercising or seeking to exercise the Compact
231231 23 Privilege.
232232 24 W. "Rule" means a regulation promulgated by an entity
233233 25 that has the force of law.
234234 26 X. "Scope of Practice" means the procedures, actions,
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245245 1 and processes a Dentist or Dental Hygienist licensed in a
246246 2 State is permitted to undertake in that State and the
247247 3 circumstances under which the Licensee is permitted to
248248 4 undertake those procedures, actions and processes. Such
249249 5 procedures, actions and processes and the circumstances
250250 6 under which they may be undertaken may be established
251251 7 through means, including, but not limited to, statute,
252252 8 regulations, case law, and other processes available to
253253 9 the State Licensing Authority or other government agency.
254254 10 Y. "Significant Investigative Information" means
255255 11 information, records, and documents received or generated
256256 12 by a State Licensing Authority pursuant to an
257257 13 investigation for which a determination has been made that
258258 14 there is probable cause to believe that the Licensee has
259259 15 violated a statute or regulation that is considered more
260260 16 than a minor infraction for which the State Licensing
261261 17 Authority could pursue Adverse Action against the
262262 18 Licensee.
263263 19 Z. "State" means any state, commonwealth, district, or
264264 20 territory of the United States of America that regulates
265265 21 the practices of dentistry and dental hygiene.
266266 22 AA. "State Licensing Authority" means an agency or
267267 23 other entity of a State that is responsible for the
268268 24 licensing and regulation of Dentists or Dental Hygienists.
269269 25 SECTION 3. STATE PARTICIPATION IN THE COMPACT
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280280 1 A. In order to join the Compact and thereafter continue as
281281 2 a Participating State, a State must:
282282 3 1. Enact a compact that is not materially different
283283 4 from the Model Compact as determined in accordance with
284284 5 Commission Rules;
285285 6 2. Participate fully in the Commission's Data System;
286286 7 3. Have a mechanism in place for receiving and
287287 8 investigating complaints about its Licensees and License
288288 9 applicants;
289289 10 4. Notify the Commission, in compliance with the terms
290290 11 of the Compact and Commission Rules, of any Adverse Action
291291 12 or the availability of Significant Investigative
292292 13 Information regarding a Licensee and License applicant;
293293 14 5. Fully implement a Criminal Background Check
294294 15 requirement, within a time frame established by Commission
295295 16 Rule, by receiving the results of a qualifying Criminal
296296 17 Background Check;
297297 18 6. Comply with the Commission Rules applicable to a
298298 19 Participating State;
299299 20 7. Accept the National Board Examinations of the Joint
300300 21 Commission on National Dental Examinations or another
301301 22 examination accepted by Commission Rule as a licensure
302302 23 examination;
303303 24 8. Accept for licensure that applicants for a Dentist
304304 25 License graduate from a predoctoral dental education
305305 26 program accredited by the Commission on Dental
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316316 1 Accreditation, or another accrediting agency recognized by
317317 2 the United States Department of Education for the
318318 3 accreditation of dentistry and dental hygiene education
319319 4 programs, leading to the Doctor of Dental Surgery (D.D.S.)
320320 5 or Doctor of Dental Medicine (D.M.D.) degree;
321321 6 9. Accept for licensure that applicants for a Dental
322322 7 Hygienist License graduate from a dental hygiene education
323323 8 program accredited by the Commission on Dental
324324 9 Accreditation or another accrediting agency recognized by
325325 10 the United States Department of Education for the
326326 11 accreditation of dentistry and dental hygiene education
327327 12 programs;
328328 13 10. Require for licensure that applicants successfully
329329 14 complete a Clinical Assessment;
330330 15 11. Have Continuing Professional Development
331331 16 requirements as a condition for License renewal; and
332332 17 12. Pay a participation fee to the Commission as
333333 18 established by Commission Rule.
334334 19 B. Providing alternative pathways for an individual to
335335 20 obtain an unrestricted License does not disqualify a State
336336 21 from participating in the Compact.
337337 22 C. When conducting a Criminal Background Check the State
338338 23 Licensing Authority shall:
339339 24 1. Consider that information in making a licensure
340340 25 decision;
341341 26 2. Maintain documentation of completion of the
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352352 1 Criminal Background Check and background check information
353353 2 to the extent allowed by State and federal law; and
354354 3 3. Report to the Commission whether it has completed
355355 4 the Criminal Background Check and whether the individual
356356 5 was granted or denied a License.
357357 6 D. A Licensee of a Participating State who has a
358358 7 Qualifying License in that State and does not hold an
359359 8 Encumbered License in any other Participating State, shall be
360360 9 issued a Compact Privilege in a Remote State in accordance
361361 10 with the terms of the Compact and Commission Rules. If a Remote
362362 11 State has a Jurisprudence Requirement a Compact Privilege will
363363 12 not be issued to the Licensee unless the Licensee has
364364 13 satisfied the Jurisprudence Requirement.
365365 14 SECTION 4. COMPACT PRIVILEGE
366366 15 A. To obtain and exercise the Compact Privilege under the
367367 16 terms and provisions of the Compact, the Licensee shall:
368368 17 1. Have a Qualifying License as a Dentist or Dental
369369 18 Hygienist in a Participating State;
370370 19 2. Be eligible for a Compact Privilege in any Remote
371371 20 State in accordance with D, G and H of this section;
372372 21 3. Submit to an application process whenever the
373373 22 Licensee is seeking a Compact Privilege;
374374 23 4. Pay any applicable Commission and Remote State fees
375375 24 for a Compact Privilege in the Remote State;
376376 25 5. Meet any Jurisprudence Requirement established by a
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387387 1 Remote State in which the Licensee is seeking a Compact
388388 2 Privilege;
389389 3 6. Have passed a National Board Examination of the
390390 4 Joint Commission on National Dental Examinations or
391391 5 another examination accepted by Commission Rule;
392392 6 7. For a Dentist, have graduated from a predoctoral
393393 7 dental education program accredited by the Commission on
394394 8 Dental Accreditation, or another accrediting agency
395395 9 recognized by the United States Department of Education
396396 10 for the accreditation of dentistry and dental hygiene
397397 11 education programs, leading to the Doctor of Dental
398398 12 Surgery (D.D.S.) or Doctor of Dental Medicine (D.M.D.)
399399 13 degree;
400400 14 8. For a Dental Hygienist, have graduated from a
401401 15 dental hygiene education program accredited by the
402402 16 Commission on Dental Accreditation or another accrediting
403403 17 agency recognized by the United States Department of
404404 18 Education for the accreditation of dentistry and dental
405405 19 hygiene education programs;
406406 20 9. Have successfully completed a Clinical Assessment
407407 21 for licensure;
408408 22 10. Report to the Commission Adverse Action taken by
409409 23 any non-Participating State when applying for a Compact
410410 24 Privilege and, otherwise, within thirty (30) days from the
411411 25 date the Adverse Action is taken;
412412 26 11. Report to the Commission when applying for a
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423423 1 Compact Privilege the address of the Licensee's primary
424424 2 residence and thereafter immediately report to the
425425 3 Commission any change in the address of the Licensee's
426426 4 primary residence; and
427427 5 12. Consent to accept service of process by mail at
428428 6 the Licensee's primary residence on record with the
429429 7 Commission with respect to any action brought against the
430430 8 Licensee by the Commission or a Participating State, and
431431 9 consent to accept service of a subpoena by mail at the
432432 10 Licensee's primary residence on record with the Commission
433433 11 with respect to any action brought or investigation
434434 12 conducted by the Commission or a Participating State.
435435 13 B. The Licensee must comply with the requirements of
436436 14 subsection A of this section to maintain the Compact Privilege
437437 15 in the Remote State. If those requirements are met, the
438438 16 Compact Privilege will continue as long as the Licensee
439439 17 maintains a Qualifying License in the State through which the
440440 18 Licensee applied for the Compact Privilege and pays any
441441 19 applicable Compact Privilege renewal fees.
442442 20 C. A Licensee providing dentistry or dental hygiene in a
443443 21 Remote State under the Compact Privilege shall function within
444444 22 the Scope of Practice authorized by the Remote State for a
445445 23 Dentist or Dental Hygienist licensed in that State.
446446 24 D. A Licensee providing dentistry or dental hygiene
447447 25 pursuant to a Compact Privilege in a Remote State is subject to
448448 26 that State's regulatory authority. A Remote State may, in
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459459 1 accordance with due process and that State's laws, by Adverse
460460 2 Action revoke or remove a Licensee's Compact Privilege in the
461461 3 Remote State for a specific period of time and impose fines or
462462 4 take any other necessary actions to protect the health and
463463 5 safety of its citizens. If a Remote State imposes an Adverse
464464 6 Action against a Compact Privilege that limits the Compact
465465 7 Privilege, that Adverse Action applies to all Compact
466466 8 Privileges in all Remote States. A Licensee whose Compact
467467 9 Privilege in a Remote State is removed for a specified period
468468 10 of time is not eligible for a Compact Privilege in any other
469469 11 Remote State until the specific time for removal of the
470470 12 Compact Privilege has passed and all encumbrance requirements
471471 13 are satisfied.
472472 14 E. If a License in a Participating State is an Encumbered
473473 15 License, the Licensee shall lose the Compact Privilege in a
474474 16 Remote State and shall not be eligible for a Compact Privilege
475475 17 in any Remote State until the License is no longer encumbered.
476476 18 F. Once an Encumbered License in a Participating State is
477477 19 restored to good standing, the Licensee must meet the
478478 20 requirements of subsection A of this section to obtain a
479479 21 Compact Privilege in a Remote State.
480480 22 G. If a Licensee's Compact Privilege in a Remote State is
481481 23 removed by the Remote State, the individual shall lose or be
482482 24 ineligible for the Compact Privilege in any Remote State until
483483 25 the following occur:
484484 26 1. The specific period of time for which the Compact
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495495 1 Privilege was removed has ended; and
496496 2 2. All conditions for removal of the Compact Privilege
497497 3 have been satisfied.
498498 4 H. Once the requirements of subsection G of this section
499499 5 have been met, the Licensee must meet the requirements in
500500 6 subsection A of this section to obtain a Compact Privilege in a
501501 7 Remote State.
502502 8 SECTION 5. ACTIVE MILITARY MEMBER OR THEIR SPOUSES
503503 9 An Active Military Member and their spouse shall not be
504504 10 required to pay to the Commission for a Compact Privilege the
505505 11 fee otherwise charged by the Commission. If a Remote State
506506 12 chooses to charge a fee for a Compact Privilege, it may choose
507507 13 to charge a reduced fee or no fee to an Active Military Member
508508 14 and their spouse for a Compact Privilege.
509509 15 SECTION 6. ADVERSE ACTIONS
510510 16 A. A Participating State in which a Licensee is licensed
511511 17 shall have exclusive authority to impose Adverse Action
512512 18 against the Qualifying License issued by that Participating
513513 19 State.
514514 20 B. A Participating State may take Adverse Action based on
515515 21 the Significant Investigative Information of a Remote State,
516516 22 so long as the Participating State follows its own procedures
517517 23 for imposing Adverse Action.
518518 24 C. Nothing in this Compact shall override a Participating
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529529 1 State's decision that participation in an Alternative Program
530530 2 may be used in lieu of Adverse Action and that such
531531 3 participation shall remain non-public if required by the
532532 4 Participating State's laws. Participating States must require
533533 5 Licensees who enter any Alternative Program in lieu of
534534 6 discipline to agree not to practice pursuant to a Compact
535535 7 Privilege in any other Participating State during the term of
536536 8 the Alternative Program without prior authorization from such
537537 9 other Participating State.
538538 10 D. Any Participating State in which a Licensee is applying
539539 11 to practice or is practicing pursuant to a Compact Privilege
540540 12 may investigate actual or alleged violations of the statutes
541541 13 and regulations authorizing the practice of dentistry or
542542 14 dental hygiene in any other Participating State in which the
543543 15 Dentist or Dental Hygienist holds a License or Compact
544544 16 Privilege.
545545 17 E. A Remote State shall have the authority to:
546546 18 1. Take Adverse Actions as set forth in Section 4.D
547547 19 against a Licensee's Compact Privilege in the State;
548548 20 2. In furtherance of its rights and responsibilities
549549 21 under the Compact and the Commission's Rules issue
550550 22 subpoenas for both hearings and investigations that
551551 23 require the attendance and testimony of witnesses, and the
552552 24 production of evidence. Subpoenas issued by a State
553553 25 Licensing Authority in a Participating State for the
554554 26 attendance and testimony of witnesses, or the production
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565565 1 of evidence from another Participating State, shall be
566566 2 enforced in the latter State by any court of competent
567567 3 jurisdiction, according to the practice and procedure of
568568 4 that court applicable to subpoenas issued in proceedings
569569 5 pending before it. The issuing authority shall pay any
570570 6 witness fees, travel expenses, mileage, and other fees
571571 7 required by the service statutes of the State where the
572572 8 witnesses or evidence are located; and
573573 9 3. If otherwise permitted by State law, recover from
574574 10 the Licensee the costs of investigations and disposition
575575 11 of cases resulting from any Adverse Action taken against
576576 12 that Licensee.
577577 13 F. Joint Investigations
578578 14 1. In addition to the authority granted to a
579579 15 Participating State by its Dentist or Dental Hygienist
580580 16 licensure act or other applicable State law, a
581581 17 Participating State may jointly investigate Licensees with
582582 18 other Participating States.
583583 19 2. Participating States shall share any Significant
584584 20 Investigative Information, litigation, or compliance
585585 21 materials in furtherance of any joint or individual
586586 22 investigation initiated under the Compact.
587587 23 G. Authority to Continue Investigation
588588 24 1. After a Licensee's Compact Privilege in a Remote
589589 25 State is terminated, the Remote State may continue an
590590 26 investigation of the Licensee that began when the Licensee
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601601 1 had a Compact Privilege in that Remote State.
602602 2 2. If the investigation yields what would be
603603 3 Significant Investigative Information had the Licensee
604604 4 continued to have a Compact Privilege in that Remote
605605 5 State, the Remote State shall report the presence of such
606606 6 information to the Data System as required by Section
607607 7 8.B.6 as if it was Significant Investigative Information.
608608 8 SECTION 7. ESTABLISHMENT AND OPERATION OF THE COMMISSION.
609609 9 A. The Compact Participating States hereby create and
610610 10 establish a joint government agency whose membership consists
611611 11 of all Participating States that have enacted the Compact. The
612612 12 Commission is an instrumentality of the Participating States
613613 13 acting jointly and not an instrumentality of any one State.
614614 14 The Commission shall come into existence on or after the
615615 15 effective date of the Compact as set forth in Section 11A.
616616 16 B. Participation, Voting, and Meetings
617617 17 1. Each Participating State shall have and be limited
618618 18 to one (1) Commissioner selected by that Participating
619619 19 State's State Licensing Authority or, if the State has
620620 20 more than one State Licensing Authority, selected
621621 21 collectively by the State Licensing Authorities.
622622 22 2. The Commissioner shall be a member or designee of
623623 23 such Authority or Authorities.
624624 24 3. The Commission may by Rule or bylaw establish a
625625 25 term of office for Commissioners and may by Rule or bylaw
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636636 1 establish term limits.
637637 2 4. The Commission may recommend to a State Licensing
638638 3 Authority or Authorities, as applicable, removal or
639639 4 suspension of an individual as the State's Commissioner.
640640 5 5. A Participating State's State Licensing Authority,
641641 6 or Authorities, as applicable, shall fill any vacancy of
642642 7 its Commissioner on the Commission within sixty (60) days
643643 8 of the vacancy.
644644 9 6. Each Commissioner shall be entitled to one vote on
645645 10 all matters that are voted upon by the Commission.
646646 11 7. The Commission shall meet at least once during each
647647 12 calendar year. Additional meetings may be held as set
648648 13 forth in the bylaws. The Commission may meet by
649649 14 telecommunication, video conference or other similar
650650 15 electronic means.
651651 16 C. The Commission shall have the following powers:
652652 17 1. Establish the fiscal year of the Commission;
653653 18 2. Establish a code of conduct and conflict of
654654 19 interest policies;
655655 20 3. Adopt Rules and bylaws;
656656 21 4. Maintain its financial records in accordance with
657657 22 the bylaws;
658658 23 5. Meet and take such actions as are consistent with
659659 24 the provisions of this Compact, the Commission's Rules,
660660 25 and the bylaws;
661661 26 6. Initiate and conclude legal proceedings or actions
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672672 1 in the name of the Commission, provided that the standing
673673 2 of any State Licensing Authority to sue or be sued under
674674 3 applicable law shall not be affected;
675675 4 7. Maintain and certify records and information
676676 5 provided to a Participating State as the authenticated
677677 6 business records of the Commission, and designate a person
678678 7 to do so on the Commission's behalf;
679679 8 8. Purchase and maintain insurance and bonds;
680680 9 9. Borrow, accept, or contract for services of
681681 10 personnel, including, but not limited to, employees of a
682682 11 Participating State;
683683 12 10. Conduct an annual financial review;
684684 13 11. Hire employees, elect or appoint officers, fix
685685 14 compensation, define duties, grant such individuals
686686 15 appropriate authority to carry out the purposes of the
687687 16 Compact, and establish the Commission's personnel policies
688688 17 and programs relating to conflicts of interest,
689689 18 qualifications of personnel, and other related personnel
690690 19 matters;
691691 20 12. As set forth in the Commission Rules, charge a fee
692692 21 to a Licensee for the grant of a Compact Privilege in a
693693 22 Remote State and thereafter, as may be established by
694694 23 Commission Rule, charge the Licensee a Compact Privilege
695695 24 renewal fee for each renewal period in which that Licensee
696696 25 exercises or intends to exercise the Compact Privilege in
697697 26 that Remote State. Nothing herein shall be construed to
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708708 1 prevent a Remote State from charging a Licensee a fee for a
709709 2 Compact Privilege or renewals of a Compact Privilege, or a
710710 3 fee for the Jurisprudence Requirement if the Remote State
711711 4 imposes such a requirement for the grant of a Compact
712712 5 Privilege;
713713 6 13. Accept any and all appropriate gifts, donations,
714714 7 grants of money, other sources of revenue, equipment,
715715 8 supplies, materials, and services, and receive, utilize,
716716 9 and dispose of the same; provided that at all times the
717717 10 Commission shall avoid any appearance of impropriety
718718 11 and/or conflict of interest;
719719 12 14. Lease, purchase, retain, own, hold, improve, or
720720 13 use any property, real, personal, or mixed, or any
721721 14 undivided interest therein;
722722 15 15. Sell, convey, mortgage, pledge, lease, exchange,
723723 16 abandon, or otherwise dispose of any property real,
724724 17 personal, or mixed;
725725 18 16. Establish a budget and make expenditures;
726726 19 17. Borrow money;
727727 20 18. Appoint committees, including standing committees,
728728 21 which may be composed of members, State regulators, State
729729 22 legislators or their representatives, and consumer
730730 23 representatives, and such other interested persons as may
731731 24 be designated in this Compact and the bylaws;
732732 25 19. Provide and receive information from, and
733733 26 cooperate with, law enforcement agencies;
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744744 1 20. Elect a Chair, Vice Chair, Secretary and Treasurer
745745 2 and such other officers of the Commission as provided in
746746 3 the Commission's bylaws;
747747 4 21. Establish and elect an Executive Board;
748748 5 22. Adopt and provide to the Participating States an
749749 6 annual report;
750750 7 23. Determine whether a State's enacted compact is
751751 8 materially different from the Model Compact language such
752752 9 that the State would not qualify for participation in the
753753 10 Compact; and
754754 11 24. Perform such other functions as may be necessary
755755 12 or appropriate to achieve the purposes of this Compact.
756756 13 D. Meetings of the Commission
757757 14 1. All meetings of the Commission that are not closed
758758 15 pursuant to this subsection shall be open to the public.
759759 16 Notice of public meetings shall be posted on the
760760 17 Commission's website at least thirty (30) days prior to
761761 18 the public meeting.
762762 19 2. Notwithstanding subsection D.1 of this section, the
763763 20 Commission may convene an emergency public meeting by
764764 21 providing at least twenty-four (24) hours prior notice on
765765 22 the Commission's website, and any other means as provided
766766 23 in the Commission's Rules, for any of the reasons it may
767767 24 dispense with notice of proposed rulemaking under Section
768768 25 9.L. The Commission's legal counsel shall certify that one
769769 26 of the reasons justifying an emergency public meeting has
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780780 1 been met.
781781 2 3. Notice of all Commission meetings shall provide the
782782 3 time, date, and location of the meeting, and if the
783783 4 meeting is to be held or accessible via telecommunication,
784784 5 video conference, or other electronic means, the notice
785785 6 shall include the mechanism for access to the meeting
786786 7 through such means.
787787 8 4. The Commission may convene in a closed, non-public
788788 9 meeting for the Commission to receive legal advice or to
789789 10 discuss:
790790 11 a. Non-compliance of a Participating State with
791791 12 its obligations under the Compact;
792792 13 b. The employment, compensation, discipline or
793793 14 other matters, practices or procedures related to
794794 15 specific employees or other matters related to the
795795 16 Commission's internal personnel practices and
796796 17 procedures;
797797 18 c. Current or threatened discipline of a Licensee
798798 19 or Compact Privilege holder by the Commission or by a
799799 20 Participating State's Licensing Authority;
800800 21 d. Current, threatened, or reasonably anticipated
801801 22 litigation;
802802 23 e. Negotiation of contracts for the purchase,
803803 24 lease, or sale of goods, services, or real estate;
804804 25 f. Accusing any person of a crime or formally
805805 26 censuring any person;
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816816 1 g. Trade secrets or commercial or financial
817817 2 information that is privileged or confidential;
818818 3 h. Information of a personal nature where
819819 4 disclosure would constitute a clearly unwarranted
820820 5 invasion of personal privacy;
821821 6 i. Investigative records compiled for law
822822 7 enforcement purposes;
823823 8 j. Information related to any investigative
824824 9 reports prepared by or on behalf of or for use of the
825825 10 Commission or other committee charged with
826826 11 responsibility of investigation or determination of
827827 12 compliance issues pursuant to the Compact;
828828 13 k. Legal advice;
829829 14 l. Matters specifically exempted from disclosure
830830 15 to the public by federal or Participating State law;
831831 16 and
832832 17 m. Other matters as promulgated by the Commission
833833 18 by Rule.
834834 19 5. If a meeting, or portion of a meeting, is closed,
835835 20 the presiding officer shall state that the meeting will be
836836 21 closed and reference each relevant exempting provision,
837837 22 and such reference shall be recorded in the minutes.
838838 23 6. The Commission shall keep minutes that fully and
839839 24 clearly describe all matters discussed in a meeting and
840840 25 shall provide a full and accurate summary of actions
841841 26 taken, and the reasons therefore, including a description
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852852 1 of the views expressed. All documents considered in
853853 2 connection with an action shall be identified in such
854854 3 minutes. All minutes and documents of a closed meeting
855855 4 shall remain under seal, subject to release only by a
856856 5 majority vote of the Commission or order of a court of
857857 6 competent jurisdiction.
858858 7 E. Financing of the Commission
859859 8 1. The Commission shall pay, or provide for the
860860 9 payment of, the reasonable expenses of its establishment,
861861 10 organization, and ongoing activities.
862862 11 2. The Commission may accept any and all appropriate
863863 12 sources of revenue, donations, and grants of money,
864864 13 equipment, supplies, materials, and services.
865865 14 3. The Commission may levy on and collect an annual
866866 15 assessment from each Participating State and impose fees
867867 16 on Licensees of Participating States when a Compact
868868 17 Privilege is granted, to cover the cost of the operations
869869 18 and activities of the Commission and its staff, which must
870870 19 be in a total amount sufficient to cover its annual budget
871871 20 as approved each fiscal year for which sufficient revenue
872872 21 is not provided by other sources. The aggregate annual
873873 22 assessment amount for Participating States shall be
874874 23 allocated based upon a formula that the Commission shall
875875 24 promulgate by Rule.
876876 25 4. The Commission shall not incur obligations of any
877877 26 kind prior to securing the funds adequate to meet the
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888888 1 same; nor shall the Commission pledge the credit of any
889889 2 Participating State, except by and with the authority of
890890 3 the Participating State.
891891 4 5. The Commission shall keep accurate accounts of all
892892 5 receipts and disbursements. The receipts and disbursements
893893 6 of the Commission shall be subject to the financial review
894894 7 and accounting procedures established under its bylaws.
895895 8 All receipts and disbursements of funds handled by the
896896 9 Commission shall be subject to an annual financial review
897897 10 by a certified or licensed public accountant, and the
898898 11 report of the financial review shall be included in and
899899 12 become part of the annual report of the Commission.
900900 13 F. The Executive Board
901901 14 1. The Executive Board shall have the power to act on
902902 15 behalf of the Commission according to the terms of this
903903 16 Compact. The powers, duties, and responsibilities of the
904904 17 Executive Board shall include:
905905 18 a. Overseeing the day-to-day activities of the
906906 19 administration of the Compact including compliance
907907 20 with the provisions of the Compact, the Commission's
908908 21 Rules and bylaws;
909909 22 b. Recommending to the Commission changes to the
910910 23 Rules or bylaws, changes to this Compact legislation,
911911 24 fees charged to Compact Participating States, fees
912912 25 charged to Licensees, and other fees;
913913 26 c. Ensuring Compact administration services are
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924924 1 appropriately provided, including by contract;
925925 2 d. Preparing and recommending the budget;
926926 3 e. Maintaining financial records on behalf of the
927927 4 Commission;
928928 5 f. Monitoring Compact compliance of Participating
929929 6 States and providing compliance reports to the
930930 7 Commission;
931931 8 g. Establishing additional committees as
932932 9 necessary;
933933 10 h. Exercising the powers and duties of the
934934 11 Commission during the interim between Commission
935935 12 meetings, except for adopting or amending Rules,
936936 13 adopting or amending bylaws, and exercising any other
937937 14 powers and duties expressly reserved to the Commission
938938 15 by Rule or bylaw; and
939939 16 i. Other duties as provided in the Rules or bylaws
940940 17 of the Commission.
941941 18 2. The Executive Board shall be composed of up to
942942 19 seven (7) members:
943943 20 a. The Chair, Vice Chair, Secretary and Treasurer
944944 21 of the Commission and any other members of the
945945 22 Commission who serve on the Executive Board shall be
946946 23 voting members of the Executive Board; and
947947 24 b. Other than the Chair, Vice Chair, Secretary,
948948 25 and Treasurer, the Commission may elect up to three
949949 26 (3) voting members from the current membership of the
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960960 1 Commission.
961961 2 3. The Commission may remove any member of the
962962 3 Executive Board as provided in the Commission's bylaws.
963963 4 4. The Executive Board shall meet at least annually.
964964 5 a. An Executive Board meeting at which it takes or
965965 6 intends to take formal action on a matter shall be open
966966 7 to the public, except that the Executive Board may
967967 8 meet in a closed, non-public session of a public
968968 9 meeting when dealing with any of the matters covered
969969 10 under subsection D.4.
970970 11 b. The Executive Board shall give five (5)
971971 12 business days' notice of its public meetings, posted
972972 13 on its website and as it may otherwise determine to
973973 14 provide notice to persons with an interest in the
974974 15 public matters the Executive Board intends to address
975975 16 at those meetings.
976976 17 5. The Executive Board may hold an emergency meeting
977977 18 when acting for the Commission to:
978978 19 a. Meet an imminent threat to public health,
979979 20 safety, or welfare;
980980 21 b. Prevent a loss of Commission or Participating
981981 22 State funds; or
982982 23 c. Protect public health and safety.
983983 24 G. Qualified Immunity, Defense, and Indemnification
984984 25 1. The members, officers, executive director,
985985 26 employees and representatives of the Commission shall be
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996996 1 immune from suit and liability, both personally and in
997997 2 their official capacity, for any claim for damage to or
998998 3 loss of property or personal injury or other civil
999999 4 liability caused by or arising out of any actual or
10001000 5 alleged act, error, or omission that occurred, or that the
10011001 6 person against whom the claim is made had a reasonable
10021002 7 basis for believing occurred within the scope of
10031003 8 Commission employment, duties or responsibilities;
10041004 9 provided that nothing in this paragraph shall be construed
10051005 10 to protect any such person from suit or liability for any
10061006 11 damage, loss, injury, or liability caused by the
10071007 12 intentional or willful or wanton misconduct of that
10081008 13 person. The procurement of insurance of any type by the
10091009 14 Commission shall not in any way compromise or limit the
10101010 15 immunity granted hereunder.
10111011 16 2. The Commission shall defend any member, officer,
10121012 17 executive director, employee, and representative of the
10131013 18 Commission in any civil action seeking to impose liability
10141014 19 arising out of any actual or alleged act, error, or
10151015 20 omission that occurred within the scope of Commission
10161016 21 employment, duties, or responsibilities, or as determined
10171017 22 by the Commission that the person against whom the claim
10181018 23 is made had a reasonable basis for believing occurred
10191019 24 within the scope of Commission employment, duties, or
10201020 25 responsibilities; provided that nothing herein shall be
10211021 26 construed to prohibit that person from retaining their own
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10321032 1 counsel at their own expense; and provided further, that
10331033 2 the actual or alleged act, error, or omission did not
10341034 3 result from that person's intentional or willful or wanton
10351035 4 misconduct.
10361036 5 3. Notwithstanding subsection G.1 of this section,
10371037 6 should any member, officer, executive director, employee,
10381038 7 or representative of the Commission be held liable for the
10391039 8 amount of any settlement or judgment arising out of any
10401040 9 actual or alleged act, error, or omission that occurred
10411041 10 within the scope of that individual's employment, duties,
10421042 11 or responsibilities for the Commission, or that the person
10431043 12 to whom that individual is liable had a reasonable basis
10441044 13 for believing occurred within the scope of the
10451045 14 individual's employment, duties, or responsibilities for
10461046 15 the Commission, the Commission shall indemnify and hold
10471047 16 harmless such individual, provided that the actual or
10481048 17 alleged act, error, or omission did not result from the
10491049 18 intentional or willful or wanton misconduct of the
10501050 19 individual.
10511051 20 4. Nothing herein shall be construed as a limitation
10521052 21 on the liability of any Licensee for professional
10531053 22 malpractice or misconduct, which shall be governed solely
10541054 23 by any other applicable State laws.
10551055 24 5. Nothing in this Compact shall be interpreted to
10561056 25 waive or otherwise abrogate a Participating State's state
10571057 26 action immunity or state action affirmative defense with
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10681068 1 respect to antitrust claims under the Sherman Act, Clayton
10691069 2 Act, or any other State or federal antitrust or
10701070 3 anticompetitive law or regulation.
10711071 4 6. Nothing in this Compact shall be construed to be a
10721072 5 waiver of sovereign immunity by the Participating States
10731073 6 or by the Commission.
10741074 7 SECTION 8. DATA SYSTEM
10751075 8 A. The Commission shall provide for the development,
10761076 9 maintenance, operation, and utilization of a coordinated
10771077 10 database and reporting system containing licensure, Adverse
10781078 11 Action, and the presence of Significant Investigative
10791079 12 Information on all Licensees and applicants for a License in
10801080 13 Participating States.
10811081 14 B. Notwithstanding any other provision of State law to the
10821082 15 contrary, a Participating State shall submit a uniform data
10831083 16 set to the Data System on all individuals to whom this Compact
10841084 17 is applicable as required by the Rules of the Commission,
10851085 18 including:
10861086 19 1. Identifying information;
10871087 20 2. Licensure data;
10881088 21 3. Adverse Actions against a Licensee, License
10891089 22 applicant or Compact Privilege and information related
10901090 23 thereto;
10911091 24 4. Non-confidential information related to Alternative
10921092 25 Program participation, the beginning and ending dates of
10931093
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11031103 1 such participation, and other information related to such
11041104 2 participation;
11051105 3 5. Any denial of an application for licensure, and the
11061106 4 reason(s) for such denial, (excluding the reporting of any
11071107 5 criminal history record information where prohibited by
11081108 6 law);
11091109 7 6. The presence of Significant Investigative
11101110 8 Information; and
11111111 9 7. Other information that may facilitate the
11121112 10 administration of this Compact or the protection of the
11131113 11 public, as determined by the Rules of the Commission.
11141114 12 C. The records and information provided to a Participating
11151115 13 State pursuant to this Compact or through the Data System,
11161116 14 when certified by the Commission or an agent thereof, shall
11171117 15 constitute the authenticated business records of the
11181118 16 Commission, and shall be entitled to any associated hearsay
11191119 17 exception in any relevant judicial, quasi-judicial or
11201120 18 administrative proceedings in a Participating State.
11211121 19 D. Significant Investigative Information pertaining to a
11221122 20 Licensee in any Participating State will only be available to
11231123 21 other Participating States.
11241124 22 E. It is the responsibility of the Participating States to
11251125 23 monitor the database to determine whether Adverse Action has
11261126 24 been taken against a Licensee or License applicant. Adverse
11271127 25 Action information pertaining to a Licensee or License
11281128 26 applicant in any Participating State will be available to any
11291129
11301130
11311131
11321132
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11351135
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11391139 1 other Participating State.
11401140 2 F. Participating States contributing information to the
11411141 3 Data System may designate information that may not be shared
11421142 4 with the public without the express permission of the
11431143 5 contributing State.
11441144 6 G. Any information submitted to the Data System that is
11451145 7 subsequently expunged pursuant to federal law or the laws of
11461146 8 the Participating State contributing the information shall be
11471147 9 removed from the Data System.
11481148 10 SECTION 9. RULEMAKING
11491149 11 A. The Commission shall promulgate reasonable Rules in
11501150 12 order to effectively and efficiently implement and administer
11511151 13 the purposes and provisions of the Compact. A Commission Rule
11521152 14 shall be invalid and have no force or effect only if a court of
11531153 15 competent jurisdiction holds that the Rule is invalid because
11541154 16 the Commission exercised its rulemaking authority in a manner
11551155 17 that is beyond the scope and purposes of the Compact, or the
11561156 18 powers granted hereunder, or based upon another applicable
11571157 19 standard of review.
11581158 20 B. The Rules of the Commission shall have the force of law
11591159 21 in each Participating State, provided however that where the
11601160 22 Rules of the Commission conflict with the laws of the
11611161 23 Participating State that establish the Participating State's
11621162 24 Scope of Practice as held by a court of competent
11631163 25 jurisdiction, the Rules of the Commission shall be ineffective
11641164
11651165
11661166
11671167
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11741174 1 in that State to the extent of the conflict.
11751175 2 C. The Commission shall exercise its Rulemaking powers
11761176 3 pursuant to the criteria set forth in this section and the
11771177 4 Rules adopted thereunder. Rules shall become binding as of the
11781178 5 date specified by the Commission for each Rule.
11791179 6 D. If a majority of the legislatures of the Participating
11801180 7 States rejects a Commission Rule or portion of a Commission
11811181 8 Rule, by enactment of a statute or resolution in the same
11821182 9 manner used to adopt the Compact, within four (4) years of the
11831183 10 date of adoption of the Rule, then such Rule shall have no
11841184 11 further force and effect in any Participating State or to any
11851185 12 State applying to participate in the Compact.
11861186 13 E. Rules shall be adopted at a regular or special meeting
11871187 14 of the Commission.
11881188 15 F. Prior to adoption of a proposed Rule, the Commission
11891189 16 shall hold a public hearing and allow persons to provide oral
11901190 17 and written comments, data, facts, opinions, and arguments.
11911191 18 G. Prior to adoption of a proposed Rule by the Commission,
11921192 19 and at least thirty (30) days in advance of the meeting at
11931193 20 which the Commission will hold a public hearing on the
11941194 21 proposed Rule, the Commission shall provide a Notice of
11951195 22 Proposed Rulemaking:
11961196 23 1. On the website of the Commission or other publicly
11971197 24 accessible platform;
11981198 25 2. To persons who have requested notice of the
11991199 26 Commission's notices of proposed rulemaking; and
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12101210 1 3. In such other way(s) as the Commission may by Rule
12111211 2 specify.
12121212 3 H. The Notice of Proposed Rulemaking shall include:
12131213 4 1. The time, date, and location of the public hearing
12141214 5 at which the Commission will hear public comments on the
12151215 6 proposed Rule and, if different, the time, date, and
12161216 7 location of the meeting where the Commission will consider
12171217 8 and vote on the proposed Rule;
12181218 9 2. If the hearing is held via telecommunication, video
12191219 10 conference, or other electronic means, the Commission
12201220 11 shall include the mechanism for access to the hearing in
12211221 12 the Notice of Proposed Rulemaking;
12221222 13 3. The text of the proposed Rule and the reason
12231223 14 therefor;
12241224 15 4. A request for comments on the proposed Rule from
12251225 16 any interested person; and
12261226 17 5. The manner in which interested persons may submit
12271227 18 written comments.
12281228 19 I. All hearings will be recorded. A copy of the recording
12291229 20 and all written comments and documents received by the
12301230 21 Commission in response to the proposed Rule shall be available
12311231 22 to the public.
12321232 23 J. Nothing in this section shall be construed as requiring
12331233 24 a separate hearing on each Commission Rule. Rules may be
12341234 25 grouped for the convenience of the Commission at hearings
12351235 26 required by this section.
12361236
12371237
12381238
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12461246 1 K. The Commission shall, by majority vote of all
12471247 2 Commissioners, take final action on the proposed Rule based on
12481248 3 the rulemaking record.
12491249 4 1. The Commission may adopt changes to the proposed
12501250 5 Rule provided the changes do not enlarge the original
12511251 6 purpose of the proposed Rule.
12521252 7 2. The Commission shall provide an explanation of the
12531253 8 reasons for substantive changes made to the proposed Rule
12541254 9 as well as reasons for substantive changes not made that
12551255 10 were recommended by commenters.
12561256 11 3. The Commission shall determine a reasonable
12571257 12 effective date for the Rule. Except for an emergency as
12581258 13 provided in subsection L, the effective date of the Rule
12591259 14 shall be no sooner than thirty (30) days after the
12601260 15 Commission issuing the notice that it adopted or amended
12611261 16 the Rule.
12621262 17 L. Upon determination that an emergency exists, the
12631263 18 Commission may consider and adopt an emergency Rule with 24
12641264 19 hours' notice, with opportunity to comment, provided that the
12651265 20 usual rulemaking procedures provided in the Compact and in
12661266 21 this section shall be retroactively applied to the Rule as
12671267 22 soon as reasonably possible, in no event later than ninety
12681268 23 (90) days after the effective date of the Rule. For the
12691269 24 purposes of this provision, an emergency Rule is one that must
12701270 25 be adopted immediately in order to:
12711271 26 1. Meet an imminent threat to public health, safety,
12721272
12731273
12741274
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12781278
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12821282 1 or welfare;
12831283 2 2. Prevent a loss of Commission or Participating State
12841284 3 funds;
12851285 4 3. Meet a deadline for the promulgation of a Rule that
12861286 5 is established by federal law or rule; or
12871287 6 4. Protect public health and safety.
12881288 7 M. The Commission or an authorized committee of the
12891289 8 Commission may direct revisions to a previously adopted Rule
12901290 9 for purposes of correcting typographical errors, errors in
12911291 10 format, errors in consistency, or grammatical errors. Public
12921292 11 notice of any revisions shall be posted on the website of the
12931293 12 Commission. The revision shall be subject to challenge by any
12941294 13 person for a period of thirty (30) days after posting. The
12951295 14 revision may be challenged only on grounds that the revision
12961296 15 results in a material change to a Rule. A challenge shall be
12971297 16 made in writing and delivered to the Commission prior to the
12981298 17 end of the notice period. If no challenge is made, the revision
12991299 18 will take effect without further action. If the revision is
13001300 19 challenged, the revision may not take effect without the
13011301 20 approval of the Commission.
13021302 21 N. No Participating State's rulemaking requirements shall
13031303 22 apply under this Compact.
13041304 23 SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
13051305 24 A. Oversight
13061306 25 1. The executive and judicial branches of State
13071307
13081308
13091309
13101310
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13131313
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13171317 1 government in each Participating State shall enforce this
13181318 2 Compact and take all actions necessary and appropriate to
13191319 3 implement the Compact.
13201320 4 2. Venue is proper and judicial proceedings by or
13211321 5 against the Commission shall be brought solely and
13221322 6 exclusively in a court of competent jurisdiction where the
13231323 7 principal office of the Commission is located. The
13241324 8 Commission may waive venue and jurisdictional defenses to
13251325 9 the extent it adopts or consents to participate in
13261326 10 alternative dispute resolution proceedings. Nothing herein
13271327 11 shall affect or limit the selection or propriety of venue
13281328 12 in any action against a Licensee for professional
13291329 13 malpractice, misconduct or any such similar matter.
13301330 14 3. The Commission shall be entitled to receive service
13311331 15 of process in any proceeding regarding the enforcement or
13321332 16 interpretation of the Compact or Commission Rule and shall
13331333 17 have standing to intervene in such a proceeding for all
13341334 18 purposes. Failure to provide the Commission service of
13351335 19 process shall render a judgment or order void as to the
13361336 20 Commission, this Compact, or promulgated Rules.
13371337 21 B. Default, Technical Assistance, and Termination
13381338 22 1. If the Commission determines that a Participating
13391339 23 State has defaulted in the performance of its obligations
13401340 24 or responsibilities under this Compact or the promulgated
13411341 25 Rules, the Commission shall provide written notice to the
13421342 26 defaulting State. The notice of default shall describe the
13431343
13441344
13451345
13461346
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13491349
13501350
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13531353 1 default, the proposed means of curing the default, and any
13541354 2 other action that the Commission may take, and shall offer
13551355 3 training and specific technical assistance regarding the
13561356 4 default.
13571357 5 2. The Commission shall provide a copy of the notice
13581358 6 of default to the other Participating States.
13591359 7 C. If a State in default fails to cure the default, the
13601360 8 defaulting State may be terminated from the Compact upon an
13611361 9 affirmative vote of a majority of the Commissioners, and all
13621362 10 rights, privileges and benefits conferred on that State by
13631363 11 this Compact may be terminated on the effective date of
13641364 12 termination. A cure of the default does not relieve the
13651365 13 offending State of obligations or liabilities incurred during
13661366 14 the period of default.
13671367 15 D. Termination of participation in the Compact shall be
13681368 16 imposed only after all other means of securing compliance have
13691369 17 been exhausted. Notice of intent to suspend or terminate shall
13701370 18 be given by the Commission to the governor, the majority and
13711371 19 minority leaders of the defaulting State's legislature, the
13721372 20 defaulting State's State Licensing Authority or Authorities,
13731373 21 as applicable, and each of the Participating States' State
13741374 22 Licensing Authority or Authorities, as applicable.
13751375 23 E. A State that has been terminated is responsible for all
13761376 24 assessments, obligations, and liabilities incurred through the
13771377 25 effective date of termination, including obligations that
13781378 26 extend beyond the effective date of termination.
13791379
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13891389 1 F. Upon the termination of a State's participation in this
13901390 2 Compact, that State shall immediately provide notice to all
13911391 3 Licensees of the State, including Licensees of other
13921392 4 Participating States issued a Compact Privilege to practice
13931393 5 within that State, of such termination. The terminated State
13941394 6 shall continue to recognize all Compact Privileges then in
13951395 7 effect in that State for a minimum of one hundred eighty (180)
13961396 8 days after the date of said notice of termination.
13971397 9 G. The Commission shall not bear any costs related to a
13981398 10 State that is found to be in default or that has been
13991399 11 terminated from the Compact, unless agreed upon in writing
14001400 12 between the Commission and the defaulting State.
14011401 13 H. The defaulting State may appeal the action of the
14021402 14 Commission by petitioning the U.S. District Court for the
14031403 15 District of Columbia or the federal district where the
14041404 16 Commission has its principal offices. The prevailing party
14051405 17 shall be awarded all costs of such litigation, including
14061406 18 reasonable attorney's fees.
14071407 19 I. Dispute Resolution
14081408 20 1. Upon request by a Participating State, the
14091409 21 Commission shall attempt to resolve disputes related to
14101410 22 the Compact that arise among Participating States and
14111411 23 between Participating States and non-Participating States.
14121412 24 2. The Commission shall promulgate a Rule providing
14131413 25 for both mediation and binding dispute resolution for
14141414 26 disputes as appropriate.
14151415
14161416
14171417
14181418
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14221422
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14251425 1 J. Enforcement
14261426 2 1. The Commission, in the reasonable exercise of its
14271427 3 discretion, shall enforce the provisions of this Compact
14281428 4 and the Commission's Rules.
14291429 5 2. By majority vote, the Commission may initiate legal
14301430 6 action against a Participating State in default in the
14311431 7 United States District Court for the District of Columbia
14321432 8 or the federal district where the Commission has its
14331433 9 principal offices to enforce compliance with the
14341434 10 provisions of the Compact and its promulgated Rules. The
14351435 11 relief sought may include both injunctive relief and
14361436 12 damages. In the event judicial enforcement is necessary,
14371437 13 the prevailing party shall be awarded all costs of such
14381438 14 litigation, including reasonable attorney's fees. The
14391439 15 remedies herein shall not be the exclusive remedies of the
14401440 16 Commission. The Commission may pursue any other remedies
14411441 17 available under federal or the defaulting Participating
14421442 18 State's law.
14431443 19 3. A Participating State may initiate legal action
14441444 20 against the Commission in the U.S. District Court for the
14451445 21 District of Columbia or the federal district where the
14461446 22 Commission has its principal offices to enforce compliance
14471447 23 with the provisions of the Compact and its promulgated
14481448 24 Rules. The relief sought may include both injunctive
14491449 25 relief and damages. In the event judicial enforcement is
14501450 26 necessary, the prevailing party shall be awarded all costs
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14521452
14531453
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14571457
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14611461 1 of such litigation, including reasonable attorney's fees.
14621462 2 4. No individual or entity other than a Participating
14631463 3 State may enforce this Compact against the Commission.
14641464 4 SECTION 11. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT
14651465 5 A. The Compact shall come into effect on the date on which
14661466 6 the Compact statute is enacted into law in the seventh
14671467 7 Participating State.
14681468 8 1. On or after the effective date of the Compact, the
14691469 9 Commission shall convene and review the enactment of each
14701470 10 of the States that enacted the Compact prior to the
14711471 11 Commission convening ("Charter Participating States") to
14721472 12 determine if the statute enacted by each such Charter
14731473 13 Participating State is materially different than the Model
14741474 14 Compact.
14751475 15 a. A Charter Participating State whose enactment
14761476 16 is found to be materially different from the Model
14771477 17 Compact shall be entitled to the default process set
14781478 18 forth in Section 10.
14791479 19 b. If any Participating State is later found to be
14801480 20 in default, or is terminated or withdraws from the
14811481 21 Compact, the Commission shall remain in existence and
14821482 22 the Compact shall remain in effect even if the number
14831483 23 of Participating States should be less than seven (7).
14841484 24 2. Participating States enacting the Compact
14851485 25 subsequent to the Charter Participating States shall be
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14881488
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14921492
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14961496 1 subject to the process set forth in Section 7.C.23 to
14971497 2 determine if their enactments are materially different
14981498 3 from the Model Compact and whether they qualify for
14991499 4 participation in the Compact.
15001500 5 3. All actions taken for the benefit of the Commission
15011501 6 or in furtherance of the purposes of the administration of
15021502 7 the Compact prior to the effective date of the Compact or
15031503 8 the Commission coming into existence shall be considered
15041504 9 to be actions of the Commission unless specifically
15051505 10 repudiated by the Commission.
15061506 11 4. Any State that joins the Compact subsequent to the
15071507 12 Commission's initial adoption of the Rules and bylaws
15081508 13 shall be subject to the Commission's Rules and bylaws as
15091509 14 they exist on the date on which the Compact becomes law in
15101510 15 that State. Any Rule that has been previously adopted by
15111511 16 the Commission shall have the full force and effect of law
15121512 17 on the day the Compact becomes law in that State.
15131513 18 B. Any Participating State may withdraw from this Compact
15141514 19 by enacting a statute repealing that State's enactment of the
15151515 20 Compact.
15161516 21 1. A Participating State's withdrawal shall not take
15171517 22 effect until one hundred eighty (180) days after enactment
15181518 23 of the repealing statute.
15191519 24 2. Withdrawal shall not affect the continuing
15201520 25 requirement of the withdrawing State's Licensing Authority
15211521 26 or Authorities to comply with the investigative and
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15231523
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15321532 1 Adverse Action reporting requirements of this Compact
15331533 2 prior to the effective date of withdrawal.
15341534 3 3. Upon the enactment of a statute withdrawing from
15351535 4 this Compact, the State shall immediately provide notice
15361536 5 of such withdrawal to all Licensees within that State.
15371537 6 Notwithstanding any subsequent statutory enactment to the
15381538 7 contrary, such withdrawing State shall continue to
15391539 8 recognize all Compact Privileges to practice within that
15401540 9 State granted pursuant to this Compact for a minimum of
15411541 10 one hundred eighty (180) days after the date of such
15421542 11 notice of withdrawal.
15431543 12 C. Nothing contained in this Compact shall be construed to
15441544 13 invalidate or prevent any licensure agreement or other
15451545 14 cooperative arrangement between a Participating State and a
15461546 15 non-Participating State that does not conflict with the
15471547 16 provisions of this Compact.
15481548 17 D. This Compact may be amended by the Participating
15491549 18 States. No amendment to this Compact shall become effective
15501550 19 and binding upon any Participating State until it is enacted
15511551 20 into the laws of all Participating States.
15521552 21 SECTION 12. CONSTRUCTION AND SEVERABILITY
15531553 22 A. This Compact and the Commission's rulemaking authority
15541554 23 shall be liberally construed so as to effectuate the purposes,
15551555 24 and the implementation and administration of the Compact.
15561556 25 Provisions of the Compact expressly authorizing or requiring
15571557
15581558
15591559
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15631563
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15671567 1 the promulgation of Rules shall not be construed to limit the
15681568 2 Commission's rulemaking authority solely for those purposes.
15691569 3 B. The provisions of this Compact shall be severable and
15701570 4 if any phrase, clause, sentence or provision of this Compact
15711571 5 is held by a court of competent jurisdiction to be contrary to
15721572 6 the constitution of any Participating State, a State seeking
15731573 7 participation in the Compact, or of the United States, or the
15741574 8 applicability thereof to any government, agency, person or
15751575 9 circumstance is held to be unconstitutional by a court of
15761576 10 competent jurisdiction, the validity of the remainder of this
15771577 11 Compact and the applicability thereof to any other government,
15781578 12 agency, person or circumstance shall not be affected thereby.
15791579 13 C. Notwithstanding subsection B of this section, the
15801580 14 Commission may deny a State's participation in the Compact or,
15811581 15 in accordance with the requirements of Section 10.B, terminate
15821582 16 a Participating State's participation in the Compact, if it
15831583 17 determines that a constitutional requirement of a
15841584 18 Participating State is a material departure from the Compact.
15851585 19 Otherwise, if this Compact shall be held to be contrary to the
15861586 20 constitution of any Participating State, the Compact shall
15871587 21 remain in full force and effect as to the remaining
15881588 22 Participating States and in full force and effect as to the
15891589 23 Participating State affected as to all severable matters.
15901590 24 SECTION 13. CONSISTENT EFFECT AND CONFLICT WITH OTHER
15911591 25 STATE LAWS
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16041604
16051605
16061606
16071607 SB2982 - 45 - LRB103 37695 AWJ 67822 b