Indiana 2024 Regular Session

Indiana House Bill HB1214 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	HB1214.2
2		-	January 25, 2024
	1	+	HB1214.1
	2	+	January 16, 2024
3	3		HOUSE BILL No. 1214
4	4		_____
5		-	DIGEST OF HB 1214 (Updated January 24, 2024 2:07 pm - DI ~~140~~)
	5	+	DIGEST OF HB 1214 (Updated January 16, 2024 12:39 pm - DI 147)
6	6		Citations Affected: IC 25-14; IC 25-14.1; IC 34-30.
7	7		Synopsis: Dental matters. Establishes the dentist and dental hygienist
8	8		compact (compact). Provides the requirements states must follow in
9	9		order to participate in the compact. Provides that dentists and dental
10	10		hygienists may practice in participating states so long as the dentists
11	11		and dental hygienists meet certain criteria. Provides that active military
12	12		members and their spouses should pay reduced or no fees in order to
13	13		practice in participating states. Establishes a governing commission
14	14		and sets out its powers, duties, financing, and liability. Provides various
15	15		mechanisms for the participating states and the governing commission
16	16		to regulate the interstate practice of dentists and dental hygienists.
17	17		Provides for various contingencies, including the process to effect,
18	18		amend, enforce, withdraw from, or terminate the compact. Makes
19	19		technical corrections. Removes certain language regarding the
20	20		regulation of dentists.
21	21		Effective: July 1, 2024.
22		-	Zent, Patterson, Barrett~~, Porter~~
	22	+	Zent, Patterson, Barrett
23	23		January 9, 2024, read first time and referred to Committee on Public Health.
24	24		January 16, 2024, amended, reported — Do Pass. Referred to Committee on Ways and
25	25		Means pursuant to Rule 127.
26		-	January 25, 2024, reported — Do Pass.
27		-	HB 1214—LS 6819/DI 153 January 25, 2024
	26	+	HB 1214—LS 6819/DI 153 January 16, 2024
28	27		Second Regular Session of the 123rd General Assembly (2024)
29	28		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
30	29		Constitution) is being amended, the text of the existing provision will appear in this style type,
31	30		additions will appear in this style type, and deletions will appear in this style type.
32	31		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
33	32		provision adopted), the text of the new provision will appear in this style type. Also, the
34	33		word NEW will appear in that style type in the introductory clause of each SECTION that adds
35	34		a new provision to the Indiana Code or the Indiana Constitution.
36	35		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
37	36		between statutes enacted by the 2023 Regular Session of the General Assembly.
38	37		HOUSE BILL No. 1214
39	38		A BILL FOR AN ACT to amend the Indiana Code concerning
40	39		professions and occupations.
41	40		Be it enacted by the General Assembly of the State of Indiana:
42	41		1 SECTION 1. IC 25-14-1-2, AS AMENDED BY P.L.249-2019,
43	42		2 SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
44	43		3 JULY 1, 2024]: Sec. 2. (a) The state board of dentistry is established
45	44		4 and consists of:
46	45		5 (1) nine (9) practicing dentists licensed under IC 25-14 who must
47	46		6 have been in practice in Indiana for not less than the five (5)
48	47		7 years;
49	48		8 (2) one (1) practicing dental hygienist who:
50	49		9 (A) has been practicing in Indiana as a dental hygienist
51	50		10 (i) in 2011 and 2012, for at least three (3) years; and
52	51		11 (ii) after 2012, for at least five (5) years; and
53	52		12 (B) is licensed under IC 25-13-1; and
54	53		13 (3) one (1) member to represent the general public who must be
55	54		14 a resident to this state and in no way associated with the
56	55		15 profession of dentistry other than as a consumer.
57	56		16 (b) All eleven (11) members of the board appointed before July 1,
58	57		17 2019, shall be appointed by the governor for a term of three (3) years
59	58		HB 1214—LS 6819/DI 153 2
60	59		1 each.
61	60		2 (c) (b) All eleven (11) members of the board appointed after June
62	61		3 30, 2019, shall be appointed under IC 25-1-6.5.
63	62		4 (d) (c) A member of the board may be removed under IC 25-1-6.5-4.
64	63		5 (e) (d) The appointment of the dentist members shall be made in a
65	64		6 manner that, at all times, each dentist member on the board represents
66	65		7 and is a resident of one (1) of nine (9) examiner districts set forth in
67	66		8 this subsection. Each dentist member shall be chiefly responsible in the
68	67		9 performance of his or her duties with regard to the district from which
69	68		10 he or she is appointed. The nine (9) dentist members' districts consist
70	69		11 of the following counties:
71	70		12 (1) District 1. Tipton, Hamilton, Hendricks, Marion, Hancock,
72	71		13 Morgan, Johnson, and Shelby.
73	72		14 (2) District 2. Lake, Porter, LaPorte, and Jasper.
74	73		15 (3) District 3. St. Joseph, Elkhart, Starke, Marshall, Kosciusko,
75	74		16 and Fulton.
76	75		17 (4) District 4. LaGrange, Steuben, Jay, Noble, Whitley, Allen,
77	76		18 Huntington, Wells, DeKalb, and Adams.
78	77		19 (5) District 5. Knox, Daviess, Gibson, Pike, Dubois, Posey,
79	78		20 Vanderburgh, Warrick, Spencer, and Perry.
80	79		21 (6) District 6. Newton, Benton, White, Pulaski, Cass, Miami,
81	80		22 Wabash, Grant, Howard, Carroll, Warren, Tippecanoe, and
82	81		23 Clinton.
83	82		24 (7) District 7. Vermillion, Parke, Fountain, Montgomery, Boone,
84	83		25 Putnam, Vigo, Clay, Sullivan, Owen, Greene, and Martin.
85	84		26 (8) District 8. Madison, Delaware, Blackford, Randolph, Rush,
86	85		27 Fayette, Union, Henry, and Wayne.
87	86		28 (9) District 9. Monroe, Brown, Bartholomew, Decatur, Franklin,
88	87		29 Lawrence, Jackson, Jennings, Ripley, Dearborn, Orange,
89	88		30 Washington, Scott, Jefferson, Switzerland, Ohio, Crawford,
90	89		31 Harrison, Floyd, and Clark.
91	90		32 (f) (e) The board may issue licenses to applicants who pass an
92	91		33 examination administered by an entity that has been approved by the
93	92		34 board.
94	93		35 SECTION 2. IC 25-14-1-12, AS AMENDED BY P.L.103-2011,
95	94		36 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
96	95		37 JULY 1, 2024]: Sec. 12. (a) The board shall hold not less than two (2)
97	96		38 regular meetings in each year at such place as may be fixed by the
98	97		39 board and as often in addition as may be necessary for the transaction
99	98		40 of such business as may properly come under the provisions of this
100	99		41 chapter, and it shall have power to make all necessary rules in
101	100		42 accordance with this chapter. Additional meetings may be called at any
102	101		HB 1214—LS 6819/DI 153 3
103	102		1 time by the president or any six (6) members of the board to be held at
104	103		2 such time and place as may be designated in the call. Six (6) members
105	104		3 of the board constitute a quorum. A majority of the quorum may
106	105		4 transact business. The board shall elect a president and a secretary. For
107	106		5 their services, the members shall receive per diem and travel expenses
108	107		6 as otherwise provided by law.
109	108		7 (b) It shall be the duty of the board through the agency to keep a
110	109		8 record of all applications for licenses for a period of time designated by
111	110		9 the board, subject to the final approval of the oversight committee on
112	111		10 public records under IC 5-15-5.1-19. Such records shall contain all the
113	112		11 facts set forth in the application, including the action of the board. The
114	113		12 agency shall carry out the administrative functions of the board and
115	114		13 shall provide necessary personnel to enable the board to properly carry
116	115		14 out and enforce this chapter.
117	116		15 (c) The board may affiliate with the American Association of Dental
118	117		16 Boards as an active member thereof and may pay the regular annual
119	118		17 dues of the association American Association of Dental Boards out
120	119		18 of any available funds of the board, which are obtained by examination
121	120		19 fees or registration renewal fees as provided by law. However, the
122	121		20 affiliation with the American Association of Dental Boards shall not
123	122		21 impair, restrict, enlarge, or modify any of the rights, powers, duties, or
124	123		22 functions of the board as prescribed by the laws of this state. The board
125	124		23 may designate one (1) of its members as a delegate of any meeting of
126	125		24 the association, American Association of Dental Boards, and such
127	126		25 delegate member shall receive the regular per diem paid to members
128	127		26 of the board for their services on the board and the member's necessary
129	128		27 expenses while traveling to and from and attending such meetings.
130	129		28 SECTION 3. IC 25-14-1-14 IS AMENDED TO READ AS
131	130		29 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 14. The attorney
132	131		30 general, prosecuting attorney, the state board of dentistry, or any citizen
133	132		31 of any county where any person shall engage in the practice of
134	133		32 dentistry, as herein defined, without possessing a valid license so to do,
135	134		33 may, in accordance with the laws of the state of Indiana governing
136	135		34 injunctions, maintain an action in the name of the state of Indiana to
137	136		35 enjoin such person from engaging in the practice of dentistry, as herein
138	137		36 defined, until a valid license to practice dentistry be secured. And any
139	138		37 person who has been so enjoined who shall violate such injunction
140	139		38 shall be punished for contempt of court: Provided, That such injunction
141	140		39 shall not relieve such person so practicing dentistry without a valid
142	141		40 license from a criminal prosecution therefor as is now provided by law,
143	142		41 but such remedy by injunction shall be in addition to any remedy now
144	143		42 provided for the criminal prosecution of such offender. In charging any
145	144		HB 1214—LS 6819/DI 153 4
146	145		1 person in a complaint for injunction, or in an affidavit, information or
147	146		2 indictment, with a violation of this law by practicing dentistry without
148	147		3 a valid license, it shall be sufficient to charge that such person did,
149	148		4 upon a certain day and in a certain county, engage in the practice of
150	149		5 dentistry, he not having a valid license so to do, without averring any
151	150		6 further or more particular facts concerning the same.
152	151		7 (a) The following may bring an action to obtain an injunction
153	152		8 against a person who violates section 1 of this chapter:
154	153		9 (1) The attorney general.
155	154		10 (2) The prosecuting attorney exercising jurisdiction in the
156	155		11 county where the unlicensed practice occurs.
157	156		12 (3) The board.
158	157		13 (4) A resident of the county where the unlicensed practice
159	158		14 occurs.
160	159		15 (b) An injunction issued under this section:
161	160		16 (1) shall prohibit the defendant from engaging in the practice
162	161		17 of dentistry until the defendant secures a valid license to
163	162		18 practice dentistry; and
164	163		19 (2) may impose other requirements that are reasonably
165	164		20 necessary to protect the public.
166	165		21 (c) An injunction issued under this section does not limit other
167	166		22 criminal remedies that may be available.
168	167		23 SECTION 4. IC 25-14-1-16, AS AMENDED BY P.L.103-2011,
169	168		24 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
170	169		25 JULY 1, 2024]: Sec. 16. (a) An applicant under this article must submit
171	170		26 to the board proof satisfactory to the board that the applicant has not
172	171		27 been convicted of a crime that has a direct bearing on the applicant's
173	172		28 ability to practice competently.
174	173		29 (b) The board may issue a license upon payment of a fee, set by the
175	174		30 board under section 13 of this chapter, to an applicant who furnishes
176	175		31 proof satisfactory to the board that the applicant is a dentist who:
177	176		32 (1) is licensed in another state or a province of Canada that has
178	177		33 licensing requirements substantially equal to those in effect in
179	178		34 Indiana on the date of application;
180	179		35 (2) has practiced dentistry for at least two (2) of the three (3)
181	180		36 years preceding the date of application;
182	181		37 (3) passes the law examination administered by the board or an
183	182		38 entity approved by the board;
184	183		39 (4) has completed the required hours of continuing education in
185	184		40 the previous two (2) years; and
186	185		41 (5) meets all other requirements of this chapter.
187	186		42 (c) The board shall have power to adopt rules under section 13 of
188	187		HB 1214—LS 6819/DI 153 5
189	188		1 this chapter for licensure by endorsement.
190	189		2 (d) An applicant shall, at the request of the board, make an
191	190		3 appearance before the board.
192	191		4 SECTION 5. IC 25-14-1-17 IS AMENDED TO READ AS
193	192		5 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 17. A person practicing
194	193		6 dentistry, upon written demand made by the secretary of the state board
195	194		7 of dentistry, shall not fail to furnish in writing, within twenty (20) days
196	195		8 after such demand, the name and address of each person practicing or
197	196		9 assisting in the practice of dentistry in the office of said person,
198	197		10 together with a sworn statement showing by what authority or license
199	198		11 such person or persons are practicing dentistry and in what capacity
200	199		12 nonlicensed persons are assisting in practice; said list of names and
201	200		13 addresses shall include all persons who have been thus employed
202	201		14 within the sixty (60) days next preceding such demand; however, such
203	202		15 affidavit may not be used as evidence against either said person or
204	203		16 persons so reported in any proceeding under this chapter.
205	204		17 (a) This section applies to a dentist who maintains a dental
206	205		18 office.
207	206		19 (b) Not later than twenty (20) days from receipt of a request
208	207		20 from the board, a dentist shall provide the following information
209	208		21 to the board:
210	209		22 (1) The name, address, and license number of each person
211	210		23 practicing dentistry in the dental office within the preceding
212	211		24 sixty (60) days.
213	212		25 (2) The name, address, and license number of each licensed
214	213		26 person assisting in the practice of dentistry in the dental office
215	214		27 within the preceding sixty (60) days.
216	215		28 (3) The name, address, and job description of each unlicensed
217	216		29 person assisting in the practice of dentistry in the dental office
218	217		30 within the preceding sixty (60) days.
219	218		31 SECTION 6. IC 25-14-1-18 IS AMENDED TO READ AS
220	219		32 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 18. A practitioner of
221	220		33 dentistry dentist shall not fail to post, and keep conspicuously
222	221		34 displayed, his the dentist's name and license in the dental office
223	222		35 wherein he the dentist practices, in plain sight of his the dentist's
224	223		36 patients. If there are more dentists than one (1) practicing or employed
225	224		37 in any dental office, the manager or proprietor of the office shall not
226	225		38 fail to post and display the name and license of each dentist so
227	226		39 practicing and so employed therein.
228	227		40 SECTION 7. IC 25-14-1-21 IS AMENDED TO READ AS
229	228		41 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 21. It shall be the duty
230	229		42 of the attorney general to represent the state board of dentistry in any
231	230		HB 1214—LS 6819/DI 153 6
232	231		1 court in which an action may be filed for the review of an order of the
233	232		2 board as provided for in section 20 of this chapter. The attorney general
234	233		3 may, at his the attorney general's discretion, call to his the attorney
235	234		4 general's assistance in such action, the prosecuting attorney of the
236	235		5 county in which such action is filed. Also, the board, with the written
237	236		6 consent of the attorney general, shall have the right to employ, out of
238	237		7 its own funds, any other attorney or attorneys to assist the attorney
239	238		8 general in any such action.
240	239		9 SECTION 8. IC 25-14-1-23, AS AMENDED BY P.L.31-2021,
241	240		10 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
242	241		11 JULY 1, 2024]: Sec. 23. (a) A person is practicing dentistry within the
243	242		12 meaning of this chapter if the person does any of the following:
244	243		13 (1) Uses the word "dentist" or "dental surgeon", the letters
245	244		14 "D.D.S." or "D.M.D.", or other letters or titles in connection with
246	245		15 dentistry.
247	246		16 (2) Directs and controls the treatment of patients within a place
248	247		17 where dental services are performed.
249	248		18 (3) Advertises or permits to be advertised by sign, card, circular,
250	249		19 handbill, newspaper, radio, or otherwise that the person can or
251	250		20 will attempt to perform dental operations of any kind.
252	251		21 (4) Offers to evaluate, diagnose, prevent, or treat:
253	252		22 (A) diseases, disorders, and conditions of the oral cavity and
254	253		23 maxillofacial area;
255	254		24 (B) diseases, disorders, and conditions of the associated and
256	255		25 adjacent structures of the oral cavity and maxillofacial area if:
257	256		26 (i) the dentist is providing emergency care; or
258	257		27 (ii) the dentist has completed postgraduate training and
259	258		28 certification in oral and maxillofacial surgery from a
260	259		29 program certified by the Commission on Dental
261	260		30 Accreditation; and
262	261		31 (C) the effects of such diseases, disorders, and conditions on
263	262		32 the human body;
264	263		33 using nonsurgical, surgical, or related procedures.
265	264		34 (5) Extracts human teeth or corrects malpositions of the teeth or
266	265		35 jaws.
267	266		36 (6) Except as provided in IC 25-13-1-10.5 and IC 25-13-1-10.6,
268	267		37 administers dental anesthetics. Nothing in this subdivision shall
269	268		38 be construed to prohibit a physician from practicing in a
270	269		39 dental office as permitted by IC 25-22.5-2-9.
271	270		40 (7) Uses x-ray pictures for dental diagnostic purposes.
272	271		41 (8) Makes:
273	272		42 (A) oral images for the fabrication of a final restoration,
274	273		HB 1214—LS 6819/DI 153 7
275	274		1 impression, or cast;
276	275		2 (B) impressions; or
277	276		3 (C) casts of any oral tissues or structures;
278	277		4 for the purpose of diagnosis or treatment thereof or for the
279	278		5 construction, repair, reproduction, or duplication of any prosthetic
280	279		6 device to alleviate or cure any oral lesion or replace any lost oral
281	280		7 structures, tissue, or teeth.
282	281		8 (9) Advertises to the public by any method, except trade and
283	282		9 professional publications, to furnish, supply, construct, reproduce,
284	283		10 repair, or adjust any prosthetic denture, bridge, appliance, or other
285	284		11 structure to be worn in the human mouth.
286	285		12 (10) Is the employer of a dentist who is hired to provide dental
287	286		13 services.
288	287		14 (11) Directs or controls the use of dental equipment or dental
289	288		15 material while the equipment or material is being used to provide
290	289		16 dental services. However, a person may lease or provide advice
291	290		17 or assistance concerning dental equipment or dental material if
292	291		18 the person does not restrict or interfere with the custody, control,
293	292		19 or use of the equipment or material by the dentist. This
294	293		20 subdivision does not prevent a dental hygienist who is licensed
295	294		21 under IC 25-13 from owning dental equipment or dental materials
296	295		22 within the dental hygienist's scope of practice.
297	296		23 (12) Directs, controls, or interferes with a dentist's clinical
298	297		24 judgment.
299	298		25 (13) Exercises direction or control over a dentist through a written
300	299		26 contract concerning the following areas of dental practice:
301	300		27 (A) The selection of a patient's course of treatment.
302	301		28 (B) Referrals of patients, except for requiring referrals to be
303	302		29 within a specified provider network, subject to the exceptions
304	303		30 under IC 27-13-36-5.
305	304		31 (C) Content of patient records.
306	305		32 (D) Policies and decisions relating to refunds, if the refund
307	306		33 payment would be reportable under federal law to the National
308	307		34 Practitioner Data Bank, and warranties.
309	308		35 (E) The clinical content of advertising.
310	309		36 (F) Final decisions relating to the employment of dental office
311	310		37 personnel.
312	311		38 However, this subdivision does not prohibit a person from
313	312		39 providing advice or assistance concerning the areas of dental
314	313		40 practice referred to in this subdivision or an insurer (as defined in
315	314		41 IC 27-1-26-1) from carrying out the applicable provisions of
316	315		42 IC 27 under which the insurer is licensed.
317	316		HB 1214—LS 6819/DI 153 8
318	317		1 However, a person does not have to be a dentist to be a manufacturer
319	318		2 of dental prostheses.
320	319		3 (b) In addition to subsection (a), a person is practicing dentistry who
321	320		4 directly or indirectly by any means or method furnishes, supplies,
322	321		5 constructs, reproduces, repairs, or adjusts any prosthetic denture,
323	322		6 bridge, appliance, or any other structure to be worn in the human
324	323		7 mouth and delivers the resulting product to any person other than the
325	324		8 duly licensed dentist upon whose written work authorization the work
326	325		9 was performed. A written work authorization shall include the
327	326		10 following:
328	327		11 (1) The name and address of the dental laboratory to which it is
329	328		12 directed.
330	329		13 (2) The case identification.
331	330		14 (3) A specification of the materials to be used.
332	331		15 (4) A description of the work to be done and, if necessary,
333	332		16 diagrams thereof.
334	333		17 (5) The date of issuance of the authorization.
335	334		18 (6) The signature and address of the licensed dentist or other
336	335		19 dental practitioner by whom the work authorization is issued.
337	336		20 A separate work authorization shall be issued for each patient of the
338	337		21 issuing licensed dentist or other dental practitioner for whom dental
339	338		22 technological work is to be performed.
340	339		23 (c) This section shall not apply to those procedures which a legally
341	340		24 licensed and practicing dentist may delegate to a dental assistant as to
342	341		25 which procedures the dentist exercises direct supervision and
343	342		26 responsibility.
344	343		27 (d) Procedures delegated by a dentist may not include the following:
345	344		28 (1) Those procedures which require professional judgment and
346	345		29 skill such as diagnosis, treatment planning, the cutting of hard or
347	346		30 soft tissues, or any intraoral impression which would lead to the
348	347		31 fabrication of a final prosthetic appliance.
349	348		32 (2) Except for procedures described in subsections (g) and (h),
350	349		33 procedures delegated to a dental assistant may not include
351	350		34 procedures allocated under IC 25-13-1 to a licensed dental
352	351		35 hygienist.
353	352		36 (e) This chapter shall not prevent dental students from performing
354	353		37 dental operations under the supervision of competent instructors within
355	354		38 the dental school or a university recognized by the board or in any
356	355		39 public clinic under the supervision of the authorized superintendent of
357	356		40 such clinic authorized under the authority and general direction of the
358	357		41 board of health or school board of any city or town in Indiana.
359	358		42 (f) Licensed pharmacists of this state may fill prescriptions of
360	359		HB 1214—LS 6819/DI 153 9
361	360		1 licensed dentists of this state for any drug necessary in the practice of
362	361		2 dentistry.
363	362		3 (g) Notwithstanding IC 25-13-1-11(4), a dental assistant who has
364	363		4 completed a board approved curriculum may apply medicaments for
365	364		5 the control or prevention of dental caries under the direct supervision
366	365		6 of a licensed dentist. The curriculum must include instruction on the
367	366		7 following:
368	367		8 (1) Ethics and jurisprudence.
369	368		9 (2) Reasons for fluorides.
370	369		10 (3) Systemic fluoride.
371	370		11 (4) Topical fluoride.
372	371		12 (5) Fluoride application.
373	372		13 (6) Laboratory work on topical fluoride applications and patient
374	373		14 competency.
375	374		15 (h) Notwithstanding IC 25-13-1-11(3), a dental assistant who has
376	375		16 completed a board approved curriculum may polish the coronal surface
377	376		17 of teeth under the direct supervision of a licensed dentist. The
378	377		18 curriculum must include instruction on the following:
379	378		19 (1) Ethics and jurisprudence.
380	379		20 (2) Plaque and materia alba.
381	380		21 (3) Intrinsic and extrinsic stain.
382	381		22 (4) Abrasive agents.
383	382		23 (5) Use of a slow speed hand piece, prophy cup, and occlusal
384	383		24 polishing brush.
385	384		25 (6) Theory of selective polishing.
386	385		26 (7) Laboratory work concerning slow speed hand piece, hand
387	386		27 dexterity, and patient competency.
388	387		28 SECTION 9. IC 25-14-2-2 IS AMENDED TO READ AS
389	388		29 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. Except as otherwise
390	389		30 provided in section 5 of this chapter, a dentist shall see that each
391	390		31 denture he the dentist delivers to a patient in Indiana is marked in the
392	391		32 manner prescribed in this chapter if the denture has been fabricated by
393	392		33 the dentist or under a work order issued by him. the dentist.
394	393		34 SECTION 10. IC 25-14-2-3 IS AMENDED TO READ AS
395	394		35 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. Except as otherwise
396	395		36 provided in section 5 of this chapter, a dentist shall see that each partial
397	396		37 denture he the dentist delivers to a patient in Indiana is marked in the
398	397		38 manner prescribed in this chapter if the partial denture has been
399	398		39 fabricated, rebased, or duplicated by the dentist or pursuant to a work
400	399		40 order issued by him. the dentist.
401	400		41 SECTION 11. IC 25-14.1 IS ADDED TO THE INDIANA CODE
402	401		42 AS A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY
403	402		HB 1214—LS 6819/DI 153 10
404	403		1 1, 2024]:
405	404		2 ARTICLE 14.1. DENTIST AND DENTAL HYGIENIST
406	405		3 COMPACT
407	406		4 Chapter 1. Title and Scope
408	407		5 Sec. 1. This article shall be known and cited as the Dentist and
409	408		6 Dental Hygienist Compact. The purposes of this compact are to
410	409		7 facilitate the interstate practice of dentistry and dental hygiene and
411	410		8 improve public access to dentistry and dental hygiene services by
412	411		9 providing dentists and dental hygienists licensed in a participating
413	412		10 state the ability to practice in participating states in which they are
414	413		11 not licensed. The compact does this by establishing a pathway for
415	414		12 dentists and dental hygienists licensed in a participating state to
416	415		13 obtain a compact privilege that authorizes them to practice in
417	416		14 another participating state in which they are not licensed. The
418	417		15 compact enables participating states to protect the public health
419	418		16 and safety with respect to the practice of such dentists and dental
420	419		17 hygienists, through the state's authority to regulate the practice of
421	420		18 dentistry and dental hygiene in the state. The compact does the
422	421		19 following:
423	422		20 (1) Enables dentists and dental hygienists who qualify for a
424	423		21 compact privilege to practice in other participating states
425	424		22 without satisfying duplicative requirements associated with
426	425		23 securing a license to practice in those states.
427	426		24 (2) Promotes mobility and addresses workforce shortages
428	427		25 through each participating state's acceptance of a compact
429	428		26 privilege to practice in that state.
430	429		27 (3) Increases public access to qualified licensed dentists and
431	430		28 dental hygienists by creating a responsible, streamlined
432	431		29 pathway for licensees to practice in participating states.
433	432		30 (4) Enhances the ability of participating states to protect the
434	433		31 public's health and safety.
435	434		32 (5) Does not interfere with licensure requirements established
436	435		33 by a participating state.
437	436		34 (6) Facilitates the sharing of licensure and disciplinary
438	437		35 information among participating states.
439	438		36 (7) Requires dentists and dental hygienists who practice in a
440	439		37 participating state pursuant to a compact privilege to practice
441	440		38 within the scope of practice authorized in that state.
442	441		39 (8) Extends the authority of a participating state to regulate
443	442		40 the practice of dentistry and dental hygiene within its borders
444	443		41 to dentists and dental hygienists who practice in the state
445	444		42 through a compact privilege.
446	445		HB 1214—LS 6819/DI 153 11
447	446		1 (9) Promotes the cooperation of participating states in
448	447		2 regulating the practice of dentistry and dental hygiene within
449	448		3 those states.
450	449		4 (10) Facilitates the relocation of military members and their
451	450		5 spouses who are licensed to practice dentistry or dental
452	451		6 hygiene.
453	452		7 Chapter 2. Definitions
454	453		8 Sec. 0.5. The definitions in this chapter apply throughout this
455	454		9 article, unless the context requires otherwise.
456	455		10 Sec. 1. "Active military member" means any person with
457	456		11 full-time duty status in the armed forces of the United States,
458	457		12 including members of the national guard and reserve.
459	458		13 Sec. 2. "Adverse action" means disciplinary action or
460	459		14 encumbrance imposed on a license or compact privilege by a state
461	460		15 licensing authority.
462	461		16 Sec. 3. "Alternative program" means a nondisciplinary
463	462		17 monitoring or practice remediation process applicable to a dentist
464	463		18 or dental hygienist approved by a state licensing authority of a
465	464		19 participating state in which the dentist or dental hygienist is
466	465		20 licensed. This includes, but is not limited to, programs to which
467	466		21 licensees with substance abuse or addiction issues are referred in
468	467		22 lieu of adverse action.
469	468		23 Sec. 4. "Charter participating state" means a state that enacted
470	469		24 the compact prior to the compact's effective date.
471	470		25 Sec. 5. "Clinical assessment" means an examination or process,
472	471		26 required for licensure as a dentist or dental hygienist as applicable,
473	472		27 that provides evidence of clinical competence in dentistry or dental
474	473		28 hygiene.
475	474		29 Sec. 6. "Commissioner" means the individual appointed by a
476	475		30 participating state to serve as the member of the commission for
477	476		31 that participating state.
478	477		32 Sec. 7. "Compact" means the Dentist and Dental Hygienist
479	478		33 Compact.
480	479		34 Sec. 8. "Compact privilege" means the authorization granted by
481	480		35 a remote state to allow a licensee from a participating state to
482	481		36 practice as a dentist or dental hygienist in a remote state.
483	482		37 Sec. 9. "Continuing professional development" means a
484	483		38 requirement, as a condition of license renewal to provide evidence
485	484		39 of successful participation in educational or professional activities
486	485		40 relevant to practice or area of work.
487	486		41 Sec. 10. "Criminal background check" means the submission of
488	487		42 fingerprints or other biometric-based information for a license
489	488		HB 1214—LS 6819/DI 153 12
490	489		1 applicant for the purpose of obtaining that applicant's criminal
491	490		2 history record information, as defined in 28 CFR 20.3(d) from the
492	491		3 Federal Bureau of Investigation and the state's criminal history
493	492		4 record repository as defined in 28 CFR 20.3(f).
494	493		5 Sec. 11. "Data system" means the commission's repository of
495	494		6 information about licensees, including but not limited to
496	495		7 examination, licensure, investigative, compact privilege, adverse
497	496		8 action, and alternative program.
498	497		9 Sec. 12. "Dental hygienist" means an individual who is licensed
499	498		10 by a state licensing authority to practice dental hygiene.
500	499		11 Sec. 13. "Dentist" means an individual who is licensed by a state
501	500		12 licensing authority to practice dentistry.
502	501		13 Sec. 14. "Dentist and Dental Hygienist Compact commission"
503	502		14 or "commission" means a joint government agency established by
504	503		15 this compact comprised of each state that has enacted the compact
505	504		16 and a national administrative body comprised of a commissioner
506	505		17 from each state that has enacted the compact.
507	506		18 Sec. 15. "Encumbered license" means a license that a state
508	507		19 licensing authority has limited in any way other than through an
509	508		20 alternative program.
510	509		21 Sec. 16. "Executive board" means the chair, vice chair,
511	510		22 secretary, and treasurer and any other commissioners as may be
512	511		23 determined by commission rule or bylaw.
513	512		24 Sec. 17. "Jurisprudence requirement" means the assessment of
514	513		25 an individual's knowledge of the laws and rules governing the
515	514		26 practice of dentistry or dental hygiene, as applicable, in a state.
516	515		27 Sec. 18. "License" means current authorization by a state, other
517	516		28 than authorization pursuant to a compact privilege, or other
518	517		29 privilege, for an individual to practice as a dentist or dental
519	518		30 hygienist in that state.
520	519		31 Sec. 19. "Licensee" means an individual who holds an
521	520		32 unrestricted license from a participating state to practice as a
522	521		33 dentist or dental hygienist in that state.
523	522		34 Sec. 20. "Model compact" means the model for the Dentist and
524	523		35 Dental Hygienist Compact on file with the Council of State
525	524		36 Governments or other entity as designated by the commission.
526	525		37 Sec. 21. "Participating state" means a state that has enacted the
527	526		38 compact and been admitted to the commission in accordance with
528	527		39 the compact and commission rules.
529	528		40 Sec. 22. "Qualifying license" means a license that is not an
530	529		41 encumbered license issued by a participating state to practice
531	530		42 dentistry or dental hygiene.
532	531		HB 1214—LS 6819/DI 153 13
533	532		1 Sec. 23. "Remote state" means a participating state where a
534	533		2 licensee who is not licensed as a dentist or dental hygienist is
535	534		3 exercising or seeking to exercise the compact privilege.
536	535		4 Sec. 24. "Rule" means a regulation promulgated by an entity
537	536		5 that has the force of law.
538	537		6 Sec. 25. "Scope of practice" means the procedures, actions, and
539	538		7 processes a dentist or dental hygienist licensed in a state is
540	539		8 permitted to undertake in that state and the circumstances under
541	540		9 which the licensee is permitted to undertake those procedures,
542	541		10 actions, and processes. Such procedures, actions, and processes and
543	542		11 the circumstances under which they may be undertaken may be
544	543		12 established through means, including, but not limited to, statute,
545	544		13 regulation, rule, case law, and other processes available to the state
546	545		14 licensing authority or other government agency.
547	546		15 Sec. 26. "Significant investigative information" means
548	547		16 information, records, and documents received or generated by a
549	548		17 state licensing authority pursuant to an investigation for which a
550	549		18 determination has been made that there is probable cause to
551	550		19 believe that the licensee has violated a statute, rule, or regulation
552	551		20 that is considered more than a minor infraction for which the state
553	552		21 licensing authority could pursue adverse action against the
554	553		22 licensee.
555	554		23 Sec. 27. "State" means any state, commonwealth, district, or
556	555		24 territory of the United States of America that regulates the
557	556		25 practices of dentistry and dental hygiene.
558	557		26 Sec. 28. "State licensing authority" means an agency or other
559	558		27 entity of a state that is responsible for the licensing and regulation
560	559		28 of dentists or dental hygienists.
561	560		29 Chapter 3. State Participation in the Compact
562	561		30 Sec. 1. (a) In order to join the compact and thereafter continue
563	562		31 as a participating state, a state must:
564	563		32 (1) enact a compact that is not materially different from the
565	564		33 model compact as determined in accordance with commission
566	565		34 rules;
567	566		35 (2) participate fully in the commission's data system;
568	567		36 (3) have a mechanism in place for receiving and investigating
569	568		37 complaints about its licensees and license applicants;
570	569		38 (4) notify the commission, in compliance with the terms of the
571	570		39 compact and commission rules, of any adverse action or the
572	571		40 availability of significant investigative information regarding
573	572		41 a licensee and license applicant;
574	573		42 (5) fully implement a criminal background check
575	574		HB 1214—LS 6819/DI 153 14
576	575		1 requirement, within a time frame established by commission
577	576		2 rule, by receiving the results of a qualifying criminal
578	577		3 background check;
579	578		4 (6) comply with the commission rules applicable to a
580	579		5 participating state;
581	580		6 (7) accept the national board examinations of the Joint
582	581		7 Commission on National Dental Examinations or another
583	582		8 examination accepted by commission rule as a licensure
584	583		9 examination;
585	584		10 (8) accept for licensure that applicants for a dentist license
586	585		11 graduate from a predoctoral dental education program
587	586		12 accredited by the Commission on Dental Accreditation, or
588	587		13 another accrediting agency recognized by the United States
589	588		14 Department of Education for the accreditation of dentistry
590	589		15 and dental hygiene education programs, leading to the Doctor
591	590		16 of Dental Surgery (D.D.S.) or Doctor of Dental Medicine
592	591		17 (D.M.D.) degree;
593	592		18 (9) accept for licensure that applicants for a dental hygienist
594	593		19 license graduate from a dental hygiene education program
595	594		20 accredited by the Commission on Dental Accreditation or
596	595		21 another accrediting agency recognized by the United States
597	596		22 Department of Education for the accreditation of dentistry
598	597		23 and dental hygiene education programs;
599	598		24 (10) require for licensure that applicants successfully
600	599		25 complete a clinical assessment;
601	600		26 (11) have continuing professional development requirements
602	601		27 as a condition for license renewal; and
603	602		28 (12) pay a participation fee to the commission as established
604	603		29 by commission rule.
605	604		30 (b) Providing alternative pathways for an individual to obtain
606	605		31 an unrestricted license does not disqualify a state from
607	606		32 participating in the compact.
608	607		33 Sec. 2. When conducting a criminal background check, the state
609	608		34 licensing authority shall:
610	609		35 (1) consider the criminal background check information in
611	610		36 making a licensure decision;
612	611		37 (2) maintain documentation of completion of the criminal
613	612		38 background check and background check information to the
614	613		39 extent allowed by state and federal law; and
615	614		40 (3) report to the commission whether it has completed the
616	615		41 criminal background check and whether the individual was
617	616		42 granted or denied a license.
618	617		HB 1214—LS 6819/DI 153 15
619	618		1 Sec. 3. A licensee of a participating state who has a qualifying
620	619		2 license in that state and does not hold an encumbered license in any
621	620		3 other participating state shall be issued a compact privilege in a
622	621		4 remote state in accordance with the terms of the compact and
623	622		5 commission rules. If a remote state has a jurisprudence
624	623		6 requirement, a compact privilege will not be issued to the licensee
625	624		7 unless the licensee has satisfied the jurisprudence requirement.
626	625		8 Chapter 4. Compact Privilege
627	626		9 Sec. 1. To obtain and exercise the compact privilege under the
628	627		10 terms and provisions of the compact, the licensee shall:
629	628		11 (1) have a qualifying license as a dentist or dental hygienist in
630	629		12 a participating state;
631	630		13 (2) be eligible for a compact privilege in any remote state in
632	631		14 accordance with section 4(a), 4(d), and 4(e) of this chapter;
633	632		15 (3) submit to an application process whenever the licensee is
634	633		16 seeking a compact privilege;
635	634		17 (4) pay any applicable commission and remote state fees for
636	635		18 a compact privilege in the remote state;
637	636		19 (5) meet any jurisprudence requirement established by a
638	637		20 remote state in which the licensee is seeking a compact
639	638		21 privilege;
640	639		22 (6) have passed a national board examination of the Joint
641	640		23 Commission on National Dental Examinations or another
642	641		24 examination accepted by commission rule;
643	642		25 (7) for a dentist, have graduated from a predoctoral dental
644	643		26 education program accredited by the Commission on Dental
645	644		27 Accreditation, or another accrediting agency recognized by
646	645		28 the United States Department of Education for the
647	646		29 accreditation of dentistry and dental hygiene education
648	647		30 programs, leading to the Doctor of Dental Surgery (D.D.S.) or
649	648		31 Doctor of Dental Medicine (D.M.D.) degree;
650	649		32 (8) for a dental hygienist, have graduated from a dental
651	650		33 hygiene education program accredited by the Commission on
652	651		34 Dental Accreditation or another accrediting agency
653	652		35 recognized by the United States Department of Education for
654	653		36 the accreditation of dentistry and dental hygiene education
655	654		37 programs;
656	655		38 (9) have successfully completed a clinical assessment for
657	656		39 licensure;
658	657		40 (10) report to the commission adverse action taken by any
659	658		41 nonparticipating state when applying for a compact privilege
660	659		42 and, otherwise, within thirty (30) days from the date the
661	660		HB 1214—LS 6819/DI 153 16
662	661		1 adverse action is taken;
663	662		2 (11) report to the commission when applying for a compact
664	663		3 privilege the address of the licensee's primary residence and
665	664		4 thereafter immediately report to the commission any change
666	665		5 in the address of the licensee's primary residence; and
667	666		6 (12) consent to accept service of process by mail at the
668	667		7 licensee's primary residence on record with the commission
669	668		8 with respect to any action brought against the licensee by the
670	669		9 commission or a participating state, and consent to accept
671	670		10 service of a subpoena by mail at the licensee's primary
672	671		11 residence on record with the commission with respect to any
673	672		12 action brought or investigation conducted by the commission
674	673		13 or a participating state.
675	674		14 Sec. 2. The licensee must comply with the requirements of
676	675		15 section 1 of this chapter to maintain the compact privilege in the
677	676		16 remote state. If those requirements are met, the compact privilege
678	677		17 will continue as long as the licensee maintains a qualifying license
679	678		18 in the state through which the licensee applied for the compact
680	679		19 privilege and pays any applicable compact privilege renewal fees.
681	680		20 Sec. 3. A licensee providing dentistry or dental hygiene in a
682	681		21 remote state under the compact privilege shall function within the
683	682		22 scope of practice authorized by the remote state for a dentist or
684	683		23 dental hygienist licensed in that state.
685	684		24 Sec. 4. (a) A licensee providing dentistry or dental hygiene
686	685		25 pursuant to a compact privilege in a remote state is subject to that
687	686		26 state's regulatory authority. A remote state may, in accordance
688	687		27 with due process and that state's laws, by adverse action revoke or
689	688		28 remove a licensee's compact privilege in the remote state for a
690	689		29 specific period of time and impose fines or take any other necessary
691	690		30 actions to protect the health and safety of its citizens. If a remote
692	691		31 state imposes an adverse action against a compact privilege that
693	692		32 limits the compact privilege, that adverse action applies to all
694	693		33 compact privileges in all remote states. A licensee whose compact
695	694		34 privilege in a remote state is removed for a specified period of time
696	695		35 is not eligible for a compact privilege in any other remote state
697	696		36 until the specific time for removal of the compact privilege has
698	697		37 passed and all encumbrance requirements are satisfied.
699	698		38 (b) If a license in a participating state is an encumbered license,
700	699		39 the licensee shall lose the compact privilege in a remote state and
701	700		40 shall not be eligible for a compact privilege in any remote state
702	701		41 until the license is no longer encumbered.
703	702		42 (c) Once an encumbered license in a participating state is
704	703		HB 1214—LS 6819/DI 153 17
705	704		1 restored to good standing, the licensee must meet the requirements
706	705		2 of section 1 of this chapter to obtain a compact privilege in a
707	706		3 remote state.
708	707		4 (d) If a licensee's compact privilege in a remote state is removed
709	708		5 by the remote state, the individual shall lose or be ineligible for the
710	709		6 compact privilege in any remote state until the following occur:
711	710		7 (1) The specific period of time for which the compact privilege
712	711		8 was removed has ended.
713	712		9 (2) All conditions for removal of the compact privilege have
714	713		10 been satisfied.
715	714		11 (e) Once the requirements of subsection (d) have been met, the
716	715		12 licensee must meet the requirements in section 1 of this chapter to
717	716		13 obtain a compact privilege in a remote state.
718	717		14 Chapter 5. Active Military Member or the Member's Spouse
719	718		15 Sec. 1. An active military member and the member's spouse
720	719		16 shall not be required to pay to the commission for a compact
721	720		17 privilege the fee otherwise charged by the commission. If a remote
722	721		18 state chooses to charge a fee for a compact privilege, it may choose
723	722		19 to charge a reduced fee or no fee to an active military member and
724	723		20 the member's spouse for a compact privilege.
725	724		21 Chapter 6. Adverse Actions
726	725		22 Sec. 1. (a) A participating state in which a licensee is licensed
727	726		23 shall have exclusive authority to impose adverse action against the
728	727		24 qualifying license issued by that participating state.
729	728		25 (b) A participating state may take adverse action based on the
730	729		26 significant investigative information of a remote state, so long as
731	730		27 the participating state follows its own procedures for imposing
732	731		28 adverse action.
733	732		29 (c) Nothing in this compact shall override a participating state's
734	733		30 decision that participation in an alternative program may be used
735	734		31 in lieu of adverse action and that such participation shall remain
736	735		32 nonpublic if required by the participating state's laws.
737	736		33 Participating states must require licensees who enter any
738	737		34 alternative program in lieu of discipline to agree not to practice
739	738		35 pursuant to a compact privilege in any other participating state
740	739		36 during the term of the alternative program without prior
741	740		37 authorization from such other participating state.
742	741		38 (d) Any participating state in which a licensee is applying to
743	742		39 practice or is practicing pursuant to a compact privilege may
744	743		40 investigate actual or alleged violations of the statutes and
745	744		41 regulations authorizing the practice of dentistry or dental hygiene
746	745		42 in any other participating state in which the dentist or dental
747	746		HB 1214—LS 6819/DI 153 18
748	747		1 hygienist holds a license or compact privilege.
749	748		2 Sec. 2. A remote state shall have the authority to:
750	749		3 (1) take adverse actions as set forth in IC 25-14.1-4-4(a)
751	750		4 against a licensee's compact privilege in the state;
752	751		5 (2) in furtherance of its rights and responsibilities under the
753	752		6 compact and the commission's rules, issue subpoenas for both
754	753		7 hearings and investigations that require the attendance and
755	754		8 testimony of witnesses, and the production of evidence.
756	755		9 Subpoenas issued by a state licensing authority in a
757	756		10 participating state for the attendance and testimony of
758	757		11 witnesses, or the production of evidence from another
759	758		12 participating state, shall be enforced in the latter state by any
760	759		13 court of competent jurisdiction, according to the practice and
761	760		14 procedure of that court applicable to subpoenas issued in
762	761		15 proceedings pending before it. The issuing authority shall pay
763	762		16 any witness fees, travel expenses, mileage, and other fees
764	763		17 required by the service statutes of the state where the
765	764		18 witnesses or evidence are located; and
766	765		19 (3) if otherwise permitted by state law, recover from the
767	766		20 licensee the costs of investigations and disposition of cases
768	767		21 resulting from any adverse action taken against that licensee.
769	768		22 Sec. 3. (a) In addition to the authority granted to a participating
770	769		23 state by its dentist or dental hygienist licensure act or other
771	770		24 applicable state law, a participating state may jointly investigate
772	771		25 licensees with other participating states.
773	772		26 (b) Participating states shall share any significant investigative
774	773		27 information, litigation, or compliance materials in furtherance of
775	774		28 any joint or individual investigation initiated under the compact.
776	775		29 Sec. 4. (a) After a licensee's compact privilege in a remote state
777	776		30 is terminated, the remote state may continue an investigation of the
778	777		31 licensee that began when the licensee had a compact privilege in
779	778		32 that remote state.
780	779		33 (b) If the investigation yields what would be significant
781	780		34 investigative information had the licensee continued to have a
782	781		35 compact privilege in that remote state, the remote state shall report
783	782		36 the presence of such information to the data system as required by
784	783		37 IC 25-14.1-8-2(6) as if it was significant investigative information.
785	784		38 Chapter 7. Establishment and Operation of the Commission
786	785		39 Sec. 1. The compact participating states hereby create and
787	786		40 establish a joint government agency whose membership consists of
788	787		41 all participating states that have enacted the compact. The
789	788		42 commission is an instrumentality of the participating states acting
790	789		HB 1214—LS 6819/DI 153 19
791	790		1 jointly and not an instrumentality of any one (1) state. The
792	791		2 commission shall come into existence on or after the effective date
793	792		3 of the compact as set forth in IC 25-14.1-11.
794	793		4 Sec. 2. (a) Each participating state shall have and be limited to
795	794		5 one (1) commissioner selected by that participating state's state
796	795		6 licensing authority or, if the state has more than one (1) state
797	796		7 licensing authority, selected collectively by the state licensing
798	797		8 authorities.
799	798		9 (b) The commissioner shall be a member or designee of such
800	799		10 authority or authorities.
801	800		11 (c) The commission may by rule or bylaw establish a term of
802	801		12 office for commissioners and may by rule or bylaw establish term
803	802		13 limits.
804	803		14 (d) The commission may recommend to a state licensing
805	804		15 authority or authorities, as applicable, removal or suspension of an
806	805		16 individual as the state's commissioner.
807	806		17 (e) A participating state's state licensing authority or
808	807		18 authorities, as applicable, shall fill any vacancy of its commissioner
809	808		19 on the commission within sixty (60) days of the vacancy.
810	809		20 (f) Each commissioner shall be entitled to one (1) vote on all
811	810		21 matters that are voted upon by the commission.
812	811		22 (g) The commission shall meet at least once during each
813	812		23 calendar year. Additional meetings may be held as set forth in the
814	813		24 bylaws. The commission may meet by telecommunication, video
815	814		25 conference, or other similar electronic means.
816	815		26 Sec. 3. The commission shall have the following powers:
817	816		27 (1) Establish the fiscal year of the commission.
818	817		28 (2) Establish a code of conduct and conflict of interest policies.
819	818		29 (3) Adopt rules and bylaws.
820	819		30 (4) Maintain the commission's financial records in accordance
821	820		31 with the bylaws.
822	821		32 (5) Meet and take such actions as are consistent with the
823	822		33 provisions of this compact, the commission's rules, and the
824	823		34 bylaws.
825	824		35 (6) Initiate and conclude legal proceedings or actions in the
826	825		36 name of the commission, provided that the standing of any
827	826		37 state licensing authority to sue or be sued under applicable
828	827		38 law shall not be affected.
829	828		39 (7) Maintain and certify records and information provided to
830	829		40 a participating state as the authenticated business records of
831	830		41 the commission, and designate a person to do so on the
832	831		42 commission's behalf.
833	832		HB 1214—LS 6819/DI 153 20
834	833		1 (8) Purchase and maintain insurance and bonds.
835	834		2 (9) Borrow, accept, or contract for services of personnel,
836	835		3 including, but not limited to, employees of a participating
837	836		4 state.
838	837		5 (10) Conduct an annual financial review.
839	838		6 (11) Hire employees, elect or appoint officers, fix
840	839		7 compensation, define duties, grant such individuals
841	840		8 appropriate authority to carry out the purposes of the
842	841		9 compact, and establish the commission's personnel policies
843	842		10 and programs relating to conflicts of interest, qualifications
844	843		11 of personnel, and other related personnel matters.
845	844		12 (12) As set forth in the commission rules, charge a fee to a
846	845		13 licensee for the grant of a compact privilege in a remote state
847	846		14 and thereafter, as may be established by commission rule,
848	847		15 charge the licensee a compact privilege renewal fee for each
849	848		16 renewal period in which that licensee exercises or intends to
850	849		17 exercise the compact privilege in that remote state. Nothing in
851	850		18 this subdivsion shall be construed to prevent a remote state
852	851		19 from charging a licensee a fee for a compact privilege or
853	852		20 renewals of a compact privilege, or a fee for the jurisprudence
854	853		21 requirement if the remote state imposes such a requirement
855	854		22 for the grant of a compact privilege.
856	855		23 (13) Accept any and all appropriate gifts, donations, grants of
857	856		24 money, other sources of revenue, equipment, supplies,
858	857		25 materials, and services, and receive, utilize, and dispose of the
859	858		26 same. At all times the commission shall avoid any appearance
860	859		27 of impropriety or conflict of interest when accepting,
861	860		28 receiving, utilizing, or disposing of the items or services.
862	861		29 (14) Lease, purchase, retain, own, hold, improve, or use any
863	862		30 property, real, personal, or mixed, or any undivided interest
864	863		31 in the property.
865	864		32 (15) Sell, convey, mortgage, pledge, lease, exchange, abandon,
866	865		33 or otherwise dispose of any property real, personal, or mixed.
867	866		34 (16) Establish a budget and make expenditures.
868	867		35 (17) Borrow money.
869	868		36 (18) Appoint committees, including standing committees,
870	869		37 which may be composed of members, state regulators, state
871	870		38 legislators or their representatives, and consumer
872	871		39 representatives, and other interested persons as may be
873	872		40 designated in this compact and the bylaws.
874	873		41 (19) Provide and receive information from, and cooperate
875	874		42 with, law enforcement agencies.
876	875		HB 1214—LS 6819/DI 153 21
877	876		1 (20) Elect a chair, vice chair, secretary, and treasurer and
878	877		2 other officers of the commission as provided in the
879	878		3 commission's bylaws.
880	879		4 (21) Establish and elect an executive board.
881	880		5 (22) Adopt and provide to the participating states an annual
882	881		6 report.
883	882		7 (23) Determine whether a state's enacted compact is
884	883		8 materially different from the model compact language such
885	884		9 that the state would not qualify for participation in the
886	885		10 compact.
887	886		11 (24) Perform other functions as may be necessary or
888	887		12 appropriate to achieve the purposes of this compact.
889	888		13 Sec. 4. (a) All meetings of the commission that are not closed
890	889		14 pursuant to this section shall be open to the public. Notice of public
891	890		15 meetings shall be posted on the commission's website at least thirty
892	891		16 (30) days prior to the public meeting.
893	892		17 (b) Notwithstanding subsection (a), the commission may
894	893		18 convene an emergency public meeting by providing at least
895	894		19 twenty-four (24) hours prior notice on the commission's website,
896	895		20 and any other means as provided in the commission's rules, for any
897	896		21 of the reasons it may dispense with notice of proposed rulemaking
898	897		22 under IC 25-14.1-9-4. The commission's legal counsel shall certify
899	898		23 that one (1) of the reasons justifying an emergency public meeting
900	899		24 has been met.
901	900		25 (c) Notice of all commission meetings shall provide the time,
902	901		26 date, and location of the meeting, and if the meeting is to be held or
903	902		27 accessible via telecommunication, video conference, or other
904	903		28 electronic means, the notice shall include the mechanism for access
905	904		29 to the meeting through such means.
906	905		30 (d) The commission may convene in a closed, nonpublic meeting
907	906		31 for the commission to receive legal advice or to discuss:
908	907		32 (1) noncompliance of a participating state with its obligations
909	908		33 under the compact;
910	909		34 (2) the employment, compensation, discipline, or other
911	910		35 matters, practices, or procedures related to specific employees
912	911		36 or other matters related to the commission's internal
913	912		37 personnel practices and procedures;
914	913		38 (3) current or threatened discipline of a licensee or compact
915	914		39 privilege holder by the commission or by a participating
916	915		40 state's licensing authority;
917	916		41 (4) current, threatened, or reasonably anticipated litigation;
918	917		42 (5) negotiation of contracts for the purchase, lease, or sale of
919	918		HB 1214—LS 6819/DI 153 22
920	919		1 goods, services, or real estate;
921	920		2 (6) accusing any person of a crime or formally censuring any
922	921		3 person;
923	922		4 (7) trade secrets or commercial or financial information that
924	923		5 is privileged or confidential;
925	924		6 (8) information of a personal nature where disclosure would
926	925		7 constitute a clearly unwarranted invasion of personal privacy;
927	926		8 (9) investigative records compiled for law enforcement
928	927		9 purposes;
929	928		10 (10) information related to any investigative reports prepared
930	929		11 by or on behalf of or for use of the commission or other
931	930		12 committee charged with responsibility of investigation or
932	931		13 determination of compliance issues pursuant to the compact;
933	932		14 (11) legal advice;
934	933		15 (12) matters specifically exempted from disclosure to the
935	934		16 public by federal or participating state law; and
936	935		17 (13) other matters as promulgated by the commission by rule.
937	936		18 (e) If a meeting, or portion of a meeting, is closed, the presiding
938	937		19 officer shall state that the meeting will be closed and reference each
939	938		20 relevant exempting provision, and such reference shall be recorded
940	939		21 in the minutes.
941	940		22 (f) The commission shall keep minutes that fully and clearly
942	941		23 describe all matters discussed in a meeting and shall provide a full
943	942		24 and accurate summary of actions taken, and the reasons therefore,
944	943		25 including a description of the views expressed. All documents
945	944		26 considered in connection with an action shall be identified in the
946	945		27 minutes. All minutes and documents of a closed meeting shall
947	946		28 remain under seal, subject to release only by a majority vote of the
948	947		29 commission or order of a court of competent jurisdiction.
949	948		30 Sec. 5. (a) The commission shall pay, or provide for the payment
950	949		31 of, the reasonable expenses of its establishment, organization, and
951	950		32 ongoing activities.
952	951		33 (b) The commission may accept any and all appropriate sources
953	952		34 of revenue, donations, and grants of money, equipment, supplies,
954	953		35 materials, and services.
955	954		36 (c) The commission may levy on and collect an annual
956	955		37 assessment from each participating state and impose fees on
957	956		38 licensees of participating states when a compact privilege is
958	957		39 granted, to cover the cost of the operations and activities of the
959	958		40 commission and its staff, which must be in a total amount sufficient
960	959		41 to cover its annual budget as approved each fiscal year for which
961	960		42 sufficient revenue is not provided by other sources. The aggregate
962	961		HB 1214—LS 6819/DI 153 23
963	962		1 annual assessment amount for participating states shall be
964	963		2 allocated based upon a formula that the commission shall
965	964		3 promulgate by rule.
966	965		4 (d) The commission shall not incur obligations of any kind prior
967	966		5 to securing the funds adequate to meet the same; nor shall the
968	967		6 commission pledge the credit of any participating state, except by
969	968		7 and with the authority of the participating state.
970	969		8 (e) The commission shall keep accurate accounts of all receipts
971	970		9 and disbursements. The receipts and disbursements of the
972	971		10 commission shall be subject to the financial review and accounting
973	972		11 procedures established under its bylaws. All receipts and
974	973		12 disbursements of funds handled by the commission shall be subject
975	974		13 to an annual financial review by a certified or licensed public
976	975		14 accountant, and the report of the financial review shall be included
977	976		15 in and become part of the annual report of the commission.
978	977		16 Sec. 6. (a) The executive board shall have the power to act on
979	978		17 behalf of the commission according to the terms of this compact.
980	979		18 The powers, duties, and responsibilities of the executive board shall
981	980		19 include:
982	981		20 (1) overseeing the day-to-day activities of the administration
983	982		21 of the compact including compliance with the provisions of
984	983		22 the compact, and the commission's rules and bylaws;
985	984		23 (2) recommending to the commission changes to the rules or
986	985		24 bylaws, changes to this compact legislation, fees charged to
987	986		25 compact participating states, fees charged to licensees, and
988	987		26 other fees;
989	988		27 (3) ensuring compact administration services are
990	989		28 appropriately provided, including by contract;
991	990		29 (4) preparing and recommending the budget;
992	991		30 (5) maintaining financial records on behalf of the commission;
993	992		31 (6) monitoring compact compliance of participating states and
994	993		32 providing compliance reports to the commission;
995	994		33 (7) establishing additional committees as necessary;
996	995		34 (8) exercising the powers and duties of the commission during
997	996		35 the interim between commission meetings, except for adopting
998	997		36 or amending rules, adopting or amending bylaws, and
999	998		37 exercising any other powers and duties expressly reserved to
1000	999		38 the commission by rule or bylaw; and
1001	1000		39 (9) other duties as provided in the rules or bylaws of the
1002	1001		40 commission.
1003	1002		41 (b) The executive board shall be composed of up to seven (7)
1004	1003		42 members as follows:
1005	1004		HB 1214—LS 6819/DI 153 24
1006	1005		1 (1) The chair, vice chair, secretary, and treasurer of the
1007	1006		2 commission and any other members of the commission who
1008	1007		3 serve on the executive board shall be voting members of the
1009	1008		4 executive board.
1010	1009		5 (2) Other than the chair, vice chair, secretary, and treasurer,
1011	1010		6 the commission may elect up to three (3) voting members
1012	1011		7 from the current membership of the commission.
1013	1012		8 (c) The commission may remove any member of the executive
1014	1013		9 board as provided in the commission's bylaws.
1015	1014		10 Sec. 7. (a) The executive board shall meet at least annually.
1016	1015		11 (b) An executive board meeting at which it takes or intends to
1017	1016		12 take formal action on a matter shall be open to the public, except
1018	1017		13 that the executive board may meet in a closed, nonpublic session of
1019	1018		14 a public meeting when dealing with any of the matters covered
1020	1019		15 under section 4(d) of this chapter.
1021	1020		16 (c) The executive board shall give five (5) business days notice
1022	1021		17 of its public meetings, posted on its website and as it may otherwise
1023	1022		18 determine to provide notice to persons with an interest in the
1024	1023		19 public matters the executive board intends to address at those
1025	1024		20 meetings.
1026	1025		21 (d) The executive board may hold an emergency meeting when
1027	1026		22 acting for the commission to:
1028	1027		23 (1) meet an imminent threat to public health, safety, or
1029	1028		24 welfare;
1030	1029		25 (2) prevent a loss of commission or participating state funds;
1031	1030		26 or
1032	1031		27 (3) protect public health and safety.
1033	1032		28 Sec. 8. (a) The members, officers, executive director, employees,
1034	1033		29 and representatives of the commission shall be immune from suit
1035	1034		30 and liability, both personally and in their official capacity, for any
1036	1035		31 claim for damage to or loss of property or personal injury or other
1037	1036		32 civil liability caused by or arising out of any actual or alleged act,
1038	1037		33 error, or omission that occurred, or that the person against whom
1039	1038		34 the claim is made had a reasonable basis for believing occurred
1040	1039		35 within the scope of commission employment, duties, or
1041	1040		36 responsibilities; provided that nothing in this subsection shall be
1042	1041		37 construed to protect any such person from suit or liability for any
1043	1042		38 damage, loss, injury, or liability caused by the intentional or willful
1044	1043		39 or wanton misconduct of that person. The procurement of
1045	1044		40 insurance of any type by the commission shall not in any way
1046	1045		41 compromise or limit the immunity granted under this section.
1047	1046		42 (b) The commission shall defend any member, officer, executive
1048	1047		HB 1214—LS 6819/DI 153 25
1049	1048		1 director, employee, and representative of the commission in any
1050	1049		2 civil action seeking to impose liability arising out of any actual or
1051	1050		3 alleged act, error, or omission that occurred within the scope of
1052	1051		4 commission employment, duties, or responsibilities, or as
1053	1052		5 determined by the commission that the person against whom the
1054	1053		6 claim is made had a reasonable basis for believing occurred within
1055	1054		7 the scope of commission employment, duties, or responsibilities;
1056	1055		8 provided that nothing in this section shall be construed to prohibit
1057	1056		9 that person from retaining the person's own counsel at the person's
1058	1057		10 own expense; and provided further, that the actual or alleged act,
1059	1058		11 error, or omission did not result from that person's intentional or
1060	1059		12 willful or wanton misconduct.
1061	1060		13 (c) Notwithstanding subsection (a), should any member, officer,
1062	1061		14 executive director, employee, or representative of the commission
1063	1062		15 be held liable for the amount of any settlement or judgment arising
1064	1063		16 out of any actual or alleged act, error, or omission that occurred
1065	1064		17 within the scope of that individual's employment, duties, or
1066	1065		18 responsibilities for the commission, or that the person to whom
1067	1066		19 that individual is liable had a reasonable basis for believing
1068	1067		20 occurred within the scope of the individual's employment, duties,
1069	1068		21 or responsibilities for the commission, the commission shall
1070	1069		22 indemnify and hold harmless such individual, provided that the
1071	1070		23 actual or alleged act, error, or omission did not result from the
1072	1071		24 intentional or willful or wanton misconduct of the individual.
1073	1072		25 (d) Nothing in this section shall be construed as a limitation on
1074	1073		26 the liability of any licensee for professional malpractice or
1075	1074		27 misconduct, which shall be governed solely by any other applicable
1076	1075		28 state laws.
1077	1076		29 (e) Nothing in this compact shall be interpreted to waive or
1078	1077		30 otherwise abrogate a participating state's state action immunity or
1079	1078		31 state action affirmative defense with respect to antitrust claims
1080	1079		32 under the Sherman Act (15 U.S.C. 1 et seq.), Clayton Act (15 U.S.C.
1081	1080		33 12 et seq.), or any other state or federal antitrust or
1082	1081		34 anticompetitive law or regulation.
1083	1082		35 (f) Nothing in this compact shall be construed to be a waiver of
1084	1083		36 sovereign immunity by the participating states or by the
1085	1084		37 commission.
1086	1085		38 Chapter 8. Data System
1087	1086		39 Sec. 1. The commission shall provide for the development,
1088	1087		40 maintenance, operation, and utilization of a coordinated data base
1089	1088		41 and reporting system containing licensure, adverse action, and the
1090	1089		42 presence of significant investigative information on all licensees
1091	1090		HB 1214—LS 6819/DI 153 26
1092	1091		1 and applicants for a license in participating states.
1093	1092		2 Sec. 2. Notwithstanding any other provision of state law to the
1094	1093		3 contrary, a participating state shall submit a uniform data set to
1095	1094		4 the data system on all individuals to whom this compact is
1096	1095		5 applicable as required by the rules of the commission, including:
1097	1096		6 (1) identifying information;
1098	1097		7 (2) licensure data;
1099	1098		8 (3) adverse actions against a licensee, license applicant, or
1100	1099		9 compact privilege and information related to the adverse
1101	1100		10 actions;
1102	1101		11 (4) nonconfidential information related to alternative
1103	1102		12 program participation, the beginning and ending dates of such
1104	1103		13 participation, and other information related to such
1105	1104		14 participation;
1106	1105		15 (5) any denial of an application for licensure, and the reason
1107	1106		16 for such denial, (excluding the reporting of any criminal
1108	1107		17 history record information where prohibited by law);
1109	1108		18 (6) the presence of significant investigative information; and
1110	1109		19 (7) other information that may facilitate the administration of
1111	1110		20 this compact or the protection of the public, as determined by
1112	1111		21 the rules of the commission.
1113	1112		22 Sec. 3. The records and information provided to a participating
1114	1113		23 state pursuant to this compact or through the data system, when
1115	1114		24 certified by the commission or an agent thereof, shall constitute the
1116	1115		25 authenticated business records of the commission, and shall be
1117	1116		26 entitled to any associated hearsay exception in any relevant
1118	1117		27 judicial, quasi-judicial, or administrative proceedings in a
1119	1118		28 participating state.
1120	1119		29 Sec. 4. Significant investigative information pertaining to a
1121	1120		30 licensee in any participating state will only be available to other
1122	1121		31 participating states.
1123	1122		32 Sec. 5. It is the responsibility of the participating states to
1124	1123		33 monitor the data base to determine whether adverse action has
1125	1124		34 been taken against a licensee or license applicant. Adverse action
1126	1125		35 information pertaining to a licensee or license applicant in any
1127	1126		36 participating state will be available to any other participating state.
1128	1127		37 Sec. 6. Participating states contributing information to the data
1129	1128		38 system may designate information that may not be shared with the
1130	1129		39 public without the express permission of the contributing state.
1131	1130		40 Sec. 7. Any information submitted to the data system that is
1132	1131		41 subsequently expunged pursuant to federal law or the laws of the
1133	1132		42 participating state contributing the information shall be removed
1134	1133		HB 1214—LS 6819/DI 153 27
1135	1134		1 from the data system.
1136	1135		2 Chapter 9. Rulemaking
1137	1136		3 Sec. 1. (a) The commission shall promulgate reasonable rules in
1138	1137		4 order to effectively and efficiently implement and administer the
1139	1138		5 purposes and provisions of the compact. A commission rule shall
1140	1139		6 be invalid and have no force or effect only if a court of competent
1141	1140		7 jurisdiction holds that the rule is invalid because the commission
1142	1141		8 exercised its rulemaking authority in a manner that is beyond the
1143	1142		9 scope and purposes of the compact, or the powers granted
1144	1143		10 hereunder, or based upon another applicable standard of review.
1145	1144		11 (b) The rules of the commission shall have the force of law in
1146	1145		12 each participating state, provided however that where the rules of
1147	1146		13 the commission conflict with the laws of the participating state that
1148	1147		14 establish the participating state's scope of practice as held by a
1149	1148		15 court of competent jurisdiction, the rules of the commission shall
1150	1149		16 be ineffective in that state to the extent of the conflict.
1151	1150		17 (c) The commission shall exercise its rulemaking powers
1152	1151		18 pursuant to the criteria set forth in this chapter and the rules
1153	1152		19 adopted under this chapter. Rules shall become binding as of the
1154	1153		20 date specified by the commission for each rule.
1155	1154		21 (d) If a majority of the legislatures of the participating states
1156	1155		22 rejects a commission rule or portion of a commission rule, by
1157	1156		23 enactment of a statute or resolution in the same manner used to
1158	1157		24 adopt the compact, within four (4) years of the date of adoption of
1159	1158		25 the rule, then such rule shall have no further force and effect in any
1160	1159		26 participating state or to any state applying to participate in the
1161	1160		27 compact.
1162	1161		28 Sec. 2. (a) Rules shall be adopted at a regular or special meeting
1163	1162		29 of the commission.
1164	1163		30 (b) Prior to adoption of a proposed rule, the commission shall
1165	1164		31 hold a public hearing and allow persons to provide oral and
1166	1165		32 written comments, data, facts, opinions, and arguments.
1167	1166		33 (c) Prior to adoption of a proposed rule by the commission, and
1168	1167		34 at least thirty (30) days in advance of the meeting at which the
1169	1168		35 commission will hold a public hearing on the proposed rule, the
1170	1169		36 commission shall provide a notice of proposed rulemaking:
1171	1170		37 (1) on the website of the commission or other publicly
1172	1171		38 accessible platform;
1173	1172		39 (2) to persons who have requested notice of the commission's
1174	1173		40 notices of proposed rulemaking; and
1175	1174		41 (3) in such other way as the commission may by rule specify.
1176	1175		42 (d) The notice of proposed rulemaking shall include:
1177	1176		HB 1214—LS 6819/DI 153 28
1178	1177		1 (1) the time, date, and location of the public hearing at which
1179	1178		2 the commission will hear public comments on the proposed
1180	1179		3 rule and, if different, the time, date, and location of the
1181	1180		4 meeting where the commission will consider and vote on the
1182	1181		5 proposed rule;
1183	1182		6 (2) if the hearing is held via telecommunication, video
1184	1183		7 conference, or other electronic means, the commission shall
1185	1184		8 include the mechanism for access to the hearing in the notice
1186	1185		9 of proposed rulemaking;
1187	1186		10 (3) the text of the proposed rule and the reason for the
1188	1187		11 proposed rule;
1189	1188		12 (4) a request for comments on the proposed rule from any
1190	1189		13 interested person; and
1191	1190		14 (5) the manner in which interested persons may submit
1192	1191		15 written comments.
1193	1192		16 (e) All hearings will be recorded. A copy of the recording and all
1194	1193		17 written comments and documents received by the commission in
1195	1194		18 response to the proposed rule shall be available to the public.
1196	1195		19 Sec. 3. (a) Nothing in this chapter shall be construed as
1197	1196		20 requiring a separate hearing on each commission rule. Rules may
1198	1197		21 be grouped for the convenience of the commission at hearings
1199	1198		22 required by this chapter.
1200	1199		23 (b) The commission shall, by majority vote of all commissioners,
1201	1200		24 take final action on the proposed rule based on the rulemaking
1202	1201		25 record.
1203	1202		26 (c) The commission may adopt changes to the proposed rule
1204	1203		27 provided the changes do not enlarge the original purpose of the
1205	1204		28 proposed rule.
1206	1205		29 (d) The commission shall provide an explanation of the reasons
1207	1206		30 for substantive changes made to the proposed rule as well as
1208	1207		31 reasons for substantive changes not made that were recommended
1209	1208		32 by commenters.
1210	1209		33 (e) The commission shall determine a reasonable effective date
1211	1210		34 for the rule. Except for an emergency as provided in section 4 of
1212	1211		35 this chapter, the effective date of the rule shall be not earlier than
1213	1212		36 thirty (30) days after the commission issues the notice that it
1214	1213		37 adopted or amended the rule.
1215	1214		38 Sec. 4. Upon determination that an emergency exists, the
1216	1215		39 commission may consider and adopt an emergency rule with
1217	1216		40 twenty-four (24) hours notice, with opportunity to comment,
1218	1217		41 provided that the usual rulemaking procedures provided in the
1219	1218		42 compact and in this chapter shall be retroactively applied to the
1220	1219		HB 1214—LS 6819/DI 153 29
1221	1220		1 rule as soon as reasonably possible, in no event later than ninety
1222	1221		2 (90) days after the effective date of the rule. For the purposes of
1223	1222		3 this section, an emergency rule is one that must be adopted
1224	1223		4 immediately in order to:
1225	1224		5 (1) meet an imminent threat to public health, safety, or
1226	1225		6 welfare;
1227	1226		7 (2) prevent a loss of commission or participating state funds;
1228	1227		8 (3) meet a deadline for the promulgation of a rule that is
1229	1228		9 established by federal law or rule; or
1230	1229		10 (4) protect public health and safety.
1231	1230		11 Sec. 5. The commission or an authorized committee of the
1232	1231		12 commission may direct revisions to a previously adopted rule for
1233	1232		13 purposes of correcting typographical errors, errors in format,
1234	1233		14 errors in consistency, or grammatical errors. Public notice of any
1235	1234		15 revisions shall be posted on the website of the commission. The
1236	1235		16 revision shall be subject to challenge by any person for a period of
1237	1236		17 thirty (30) days after posting. The revision may be challenged only
1238	1237		18 on grounds that the revision results in a material change to a rule.
1239	1238		19 A challenge shall be made in writing and delivered to the
1240	1239		20 commission prior to the end of the notice period. If no challenge is
1241	1240		21 made, the revision will take effect without further action. If the
1242	1241		22 revision is challenged, the revision may not take effect without the
1243	1242		23 approval of the commission.
1244	1243		24 Sec. 6. No participating state's rulemaking requirements shall
1245	1244		25 apply under this compact.
1246	1245		26 Chapter 10. Oversight, Dispute Resolution, and Enforcement
1247	1246		27 Sec. 1. (a) The executive and judicial branches of state
1248	1247		28 government in each participating state shall enforce this compact
1249	1248		29 and take all actions necessary and appropriate to implement the
1250	1249		30 compact.
1251	1250		31 (b) Venue is proper and judicial proceedings by or against the
1252	1251		32 commission shall be brought solely and exclusively in a court of
1253	1252		33 competent jurisdiction where the principal office of the commission
1254	1253		34 is located. The commission may waive venue and jurisdictional
1255	1254		35 defenses to the extent it adopts or consents to participate in
1256	1255		36 alternative dispute resolution proceedings. Nothing in this section
1257	1256		37 shall affect or limit the selection or propriety of venue in any action
1258	1257		38 against a licensee for professional malpractice, misconduct, or any
1259	1258		39 such similar matter.
1260	1259		40 (c) The commission shall be entitled to receive service of process
1261	1260		41 in any proceeding regarding the enforcement or interpretation of
1262	1261		42 the compact or commission rule and shall have standing to
1263	1262		HB 1214—LS 6819/DI 153 30
1264	1263		1 intervene in such a proceeding for all purposes. Failure to provide
1265	1264		2 the commission service of process shall render a judgment or order
1266	1265		3 void as to the commission, this compact, or promulgated rules.
1267	1266		4 Sec. 2. (a) If the commission determines that a participating
1268	1267		5 state has defaulted in the performance of its obligations or
1269	1268		6 responsibilities under this compact or the promulgated rules, the
1270	1269		7 commission shall provide written notice to the defaulting state. The
1271	1270		8 notice of default shall describe the default, the proposed means of
1272	1271		9 curing the default, and any other action that the commission may
1273	1272		10 take, and shall offer training and specific technical assistance
1274	1273		11 regarding the default.
1275	1274		12 (b) The commission shall provide a copy of the notice of default
1276	1275		13 to the other participating states.
1277	1276		14 (c) If a state in default fails to cure the default, the defaulting
1278	1277		15 state may be terminated from the compact upon an affirmative
1279	1278		16 vote of a majority of the commissioners, and all rights, privileges,
1280	1279		17 and benefits conferred on that state by this compact may be
1281	1280		18 terminated on the effective date of termination. A cure of the
1282	1281		19 default does not relieve the offending state of obligations or
1283	1282		20 liabilities incurred during the period of default.
1284	1283		21 (d) Termination of participation in the compact shall be
1285	1284		22 imposed only after all other means of securing compliance have
1286	1285		23 been exhausted. Notice of intent to suspend or terminate shall be
1287	1286		24 given by the commission to the governor, the majority and
1288	1287		25 minority leaders of the defaulting state's legislature, the defaulting
1289	1288		26 state's state licensing authority or authorities, as applicable, and
1290	1289		27 each of the participating states' state licensing authority or
1291	1290		28 authorities, as applicable.
1292	1291		29 (e) A state that has been terminated is responsible for all
1293	1292		30 assessments, obligations, and liabilities incurred through the
1294	1293		31 effective date of termination, including obligations that extend
1295	1294		32 beyond the effective date of termination.
1296	1295		33 (f) Upon the termination of a state's participation in this
1297	1296		34 compact, that state shall immediately provide notice to all licensees
1298	1297		35 of the state, including licensees of other participating states issued
1299	1298		36 a compact privilege to practice within that state, of such
1300	1299		37 termination. The terminated state shall continue to recognize all
1301	1300		38 compact privileges then in effect in that state for a minimum of one
1302	1301		39 hundred eighty (180) days after the date of the notice of
1303	1302		40 termination.
1304	1303		41 (g) The commission shall not bear any costs related to a state
1305	1304		42 that is found to be in default or that has been terminated from the
1306	1305		HB 1214—LS 6819/DI 153 31
1307	1306		1 compact, unless agreed upon in writing between the commission
1308	1307		2 and the defaulting state.
1309	1308		3 (h) The defaulting state may appeal the action of the commission
1310	1309		4 by petitioning the United States District Court for the District of
1311	1310		5 Columbia or the federal district where the commission has its
1312	1311		6 principal offices. The prevailing party shall be awarded all costs of
1313	1312		7 such litigation, including reasonable attorney's fees.
1314	1313		8 Sec. 3. (a) Upon request by a participating state, the commission
1315	1314		9 shall attempt to resolve disputes related to the compact that arise
1316	1315		10 among participating states and between participating states and
1317	1316		11 nonparticipating states.
1318	1317		12 (b) The commission shall promulgate a rule providing for both
1319	1318		13 mediation and binding dispute resolution for disputes as
1320	1319		14 appropriate.
1321	1320		15 Sec. 4. (a) The commission, in the reasonable exercise of its
1322	1321		16 discretion, shall enforce the provisions of this compact and the
1323	1322		17 commission's rules.
1324	1323		18 (b) By majority vote, the commission may initiate legal action
1325	1324		19 against a participating state in default in the United States District
1326	1325		20 Court for the District of Columbia or the federal district where the
1327	1326		21 commission has its principal offices to enforce compliance with the
1328	1327		22 provisions of the compact and its promulgated rules. The relief
1329	1328		23 sought may include both injunctive relief and damages. In the
1330	1329		24 event judicial enforcement is necessary, the prevailing party shall
1331	1330		25 be awarded all costs of such litigation, including reasonable
1332	1331		26 attorney's fees. The remedies in this section shall not be the
1333	1332		27 exclusive remedies of the commission. The commission may pursue
1334	1333		28 any other remedies available under federal or the defaulting
1335	1334		29 participating state's law.
1336	1335		30 (c) A participating state may initiate legal action against the
1337	1336		31 commission in the United States District Court for the District of
1338	1337		32 Columbia or the federal district where the commission has its
1339	1338		33 principal offices to enforce compliance with the provisions of the
1340	1339		34 compact and its promulgated rules. The relief sought may include
1341	1340		35 both injunctive relief and damages. In the event judicial
1342	1341		36 enforcement is necessary, the prevailing party shall be awarded all
1343	1342		37 costs of such litigation, including reasonable attorney's fees.
1344	1343		38 (d) No individual or entity other than a participating state may
1345	1344		39 enforce this compact against the commission.
1346	1345		40 Chapter 11. Effective Date, Withdrawal, and Amendment
1347	1346		41 Sec. 1. The compact shall come into effect on the date on which
1348	1347		42 the compact statute is enacted into law in the seventh participating
1349	1348		HB 1214—LS 6819/DI 153 32
1350	1349		1 state.
1351	1350		2 Sec. 2. (a) On or after the effective date of the compact, the
1352	1351		3 commission shall convene and review the enactment of each
1353	1352		4 charter participating state to determine if the statute enacted by
1354	1353		5 each charter participating state is materially different than the
1355	1354		6 model compact.
1356	1355		7 (b) A charter participating state whose enactment is found to be
1357	1356		8 materially different from the model compact shall be entitled to the
1358	1357		9 default process set forth in IC 25-14.1-10.
1359	1358		10 (c) If any participating state is later found to be in default, or is
1360	1359		11 terminated or withdraws from the compact, the commission shall
1361	1360		12 remain in existence and the compact shall remain in effect even if
1362	1361		13 the number of participating states should be less than seven (7).
1363	1362		14 (d) Participating states enacting the compact subsequent to the
1364	1363		15 charter participating states shall be subject to the process set forth
1365	1364		16 in IC 25-14.1-7-3(23) to determine if their enactments are
1366	1365		17 materially different from the model compact and whether they
1367	1366		18 qualify for participation in the compact.
1368	1367		19 (e) All actions taken for the benefit of the commission or in
1369	1368		20 furtherance of the purposes of the administration of the compact
1370	1369		21 prior to the effective date of the compact or the commission coming
1371	1370		22 into existence shall be considered to be actions of the commission
1372	1371		23 unless specifically repudiated by the commission.
1373	1372		24 (f) Any state that joins the compact subsequent to the
1374	1373		25 commission's initial adoption of the rules and bylaws shall be
1375	1374		26 subject to the commission's rules and bylaws as they exist on the
1376	1375		27 date on which the compact becomes law in that state. Any rule that
1377	1376		28 has been previously adopted by the commission shall have the full
1378	1377		29 force and effect of law on the day the compact becomes law in that
1379	1378		30 state.
1380	1379		31 Sec. 3. (a) Any participating state may withdraw from this
1381	1380		32 compact by enacting a statute repealing that state's enactment of
1382	1381		33 the compact.
1383	1382		34 (b) A participating state's withdrawal shall not take effect until
1384	1383		35 one hundred eighty (180) days after enactment of the repealing
1385	1384		36 statute.
1386	1385		37 (c) Withdrawal shall not affect the continuing requirement of
1387	1386		38 the withdrawing state's licensing authority or authorities to comply
1388	1387		39 with the investigative and adverse action reporting requirements
1389	1388		40 of this compact prior to the effective date of withdrawal.
1390	1389		41 (d) Upon the enactment of a statute withdrawing from this
1391	1390		42 compact, the state shall immediately provide notice of such
1392	1391		HB 1214—LS 6819/DI 153 33
1393	1392		1 withdrawal to all licensees within that state. Notwithstanding any
1394	1393		2 subsequent statutory enactment to the contrary, such withdrawing
1395	1394		3 state shall continue to recognize all compact privileges to practice
1396	1395		4 within that state granted pursuant to this compact for a minimum
1397	1396		5 of one hundred eighty (180) days after the date of such notice of
1398	1397		6 withdrawal.
1399	1398		7 Sec. 4. Nothing contained in this compact shall be construed to
1400	1399		8 invalidate or prevent any licensure agreement or other cooperative
1401	1400		9 arrangement between a participating state and a nonparticipating
1402	1401		10 state that does not conflict with the provisions of this compact.
1403	1402		11 Sec. 5. This compact may be amended by the participating
1404	1403		12 states. No amendment to this compact shall become effective and
1405	1404		13 binding upon any participating state until it is enacted into the laws
1406	1405		14 of all participating states.
1407	1406		15 Chapter 12. Construction and Severability
1408	1407		16 Sec. 1. This compact and the commission's rulemaking authority
1409	1408		17 shall be liberally construed so as to effectuate the purposes and the
1410	1409		18 implementation and administration of the compact. Provisions of
1411	1410		19 the compact expressly authorizing or requiring the promulgation
1412	1411		20 of rules shall not be construed to limit the commission's
1413	1412		21 rulemaking authority solely for those purposes.
1414	1413		22 Sec. 2. The provisions of this compact shall be severable and if
1415	1414		23 any phrase, clause, sentence, or provision of this compact is held by
1416	1415		24 a court of competent jurisdiction to be contrary to the constitution
1417	1416		25 of any participating state, a state seeking participation in the
1418	1417		26 compact, or of the United States, or the applicability thereof to any
1419	1418		27 government, agency, person, or circumstance is held to be
1420	1419		28 unconstitutional by a court of competent jurisdiction, the validity
1421	1420		29 of the remainder of this compact and the applicability of the
1422	1421		30 compact to any other government, agency, person, or circumstance
1423	1422		31 shall not be affected thereby.
1424	1423		32 Sec. 3. Notwithstanding section 2 of this chapter, the commission
1425	1424		33 may deny a state's participation in the compact or, in accordance
1426	1425		34 with the requirements of IC 25-14.1-10-2(a) and
1427	1426		35 IC 25-14.1-10-2(b), terminate a participating state's participation
1428	1427		36 in the compact, if it determines that a constitutional requirement
1429	1428		37 of a participating state is a material departure from the compact.
1430	1429		38 Otherwise, if this compact shall be held to be contrary to the
1431	1430		39 constitution of any participating state, the compact shall remain in
1432	1431		40 full force and effect as to the remaining participating states and in
1433	1432		41 full force and effect as to the participating state affected as to all
1434	1433		42 severable matters.
1435	1434		HB 1214—LS 6819/DI 153 34
1436	1435		1 Chapter 13. Consistent Effect and Conflict with Other State
1437	1436		2 Laws
1438	1437		3 Sec. 1. (a) Nothing in this article shall prevent or inhibit the
1439	1438		4 enforcement of any other law of a participating state that is not
1440	1439		5 inconsistent with the compact.
1441	1440		6 (b) Any laws, statutes, regulations, or other legal requirements
1442	1441		7 in a participating state in conflict with the compact are superseded
1443	1442		8 to the extent of the conflict.
1444	1443		9 (c) All permissible agreements between the commission and the
1445	1444		10 participating states are binding in accordance with their terms.
1446	1445		11 SECTION 12. IC 34-30-2.1-367.6 IS ADDED TO THE INDIANA
1447	1446		12 CODE AS A NEW SECTION TO READ AS FOLLOWS
1448	1447		13 [EFFECTIVE JULY 1, 2024]: Sec. 367.6. IC 25-14.1-7-8 (Concerning
1449	1448		14 the members, officers, executive director, employees, and
1450	1449		15 representatives of the Dentist and Dental Hygienist Compact
1451	1450		16 commission).
1452	1451		HB 1214—LS 6819/DI 153 35
1453	1452		COMMITTEE REPORT
1454	1453		Mr. Speaker: Your Committee on Public Health, to which was
1455	1454		referred House Bill 1214, has had the same under consideration and
1456	1455		begs leave to report the same back to the House with the
1457	1456		recommendation that said bill be amended as follows:
1458	1457		Page 6, line 15, delete ", including the words "dentist" or "dental"
1459	1458		in" and insert ".".
1460	1459		Page 6, delete lines 16 through 18.
1461	1460		and when so amended that said bill do pass.
1462	1461		(Reference is to HB 1214 as introduced.)
1463	1462		BARRETT
1464	1463		Committee Vote: yeas 11, nays 0.
1465		-	_____
1466		-	COMMITTEE REPORT
1467		-	Mr. Speaker: Your Committee on Ways and Means, to which was
1468		-	referred House Bill 1214, has had the same under consideration and
1469		-	begs leave to report the same back to the House with the
1470		-	recommendation that said bill do pass.
1471		-	(Reference is to HB 1214 as printed January 16, 2024.)
1472		-	THOMPSON
1473		-	Committee Vote: Yeas 22, Nays 0
1474	1464		HB 1214—LS 6819/DI 153