KS
Kansas House Bill HB2453

Kansas 2023-2024 Regular Session

Kansas House Bill HB2453 Compare Versions

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1+Session of 2023
12 HOUSE BILL No. 2453
2-AN ACT concerning health and healthcare; relating to dentists and dental hygienists;
3-enacting the dentist and dental hygienist compact to provide interstate practice
4-privileges for dentists and dental hygienists.
3+By Committee on Appropriations
4+3-8
5+AN ACT concerning health and healthcare; relating to dentists and dental
6+hygienists; enacting the dentist and dental hygienist compact to provide
7+interstate practice privileges for dentists and dental hygienists.
58 Be it enacted by the Legislature of the State of Kansas:
6-Section 1. This section shall be known and may be cited as the
7-dentist and dental hygienist compact.
9+Section 1. This section shall be known and may be cited as the dentist
10+and dental hygienist compact.
811 SECTION 1—TITLE AND PURPOSE
9-The purposes of this compact are to facilitate the interstate practice
10-of dentistry and dental hygiene and improve public access to dentistry
11-and dental hygiene services by providing dentists and dental hygienists
12-licensed in a participating state the ability to practice in participating
13-states in which they are not licensed. The compact does this by
14-establishing a pathway for a dentists and dental hygienists licensed in a
15-participating state to obtain a compact privilege that authorizes them to
16-practice in another participating state in which they are not licensed.
17-The compact enables participating states to protect the public health
18-and safety with respect to the practice of such dentists and dental
19-hygienists, through the state's authority to regulate the practice of
20-dentistry and dental hygiene in the state. The compact:
21-(a) Enables dentists and dental hygienists who qualify for a
22-compact privilege to practice in other participating states without
23-satisfying burdensome and duplicative requirements associated with
24-securing a license to practice in those states;
12+The purposes of this compact are to facilitate the interstate practice of
13+dentistry and dental hygiene and improve public access to dentistry and
14+dental hygiene services by providing dentists and dental hygienists
15+licensed in a participating state the ability to practice in participating states
16+in which they are not licensed. The compact does this by establishing a
17+pathway for a dentists and dental hygienists licensed in a participating
18+state to obtain a compact privilege that authorizes them to practice in
19+another participating state in which they are not licensed. The compact
20+enables participating states to protect the public health and safety with
21+respect to the practice of such dentists and dental hygienists, through the
22+state's authority to regulate the practice of dentistry and dental hygiene in
23+the state. The compact:
24+(a) Enables dentists and dental hygienists who qualify for a compact
25+privilege to practice in other participating states without satisfying
26+burdensome and duplicative requirements associated with securing a
27+license to practice in those states;
2528 (b) promotes mobility and addresses workforce shortages through
26-each participating state's acceptance of a compact privilege to practice
27-in that state;
28-(c) increases public access to qualified, licensed dentists and
29-dental hygienists by creating a responsible, streamlined pathway for
30-licensees to practice in participating states;
31-(d) enhances the ability of participating states to protect the
32-public's health and safety;
29+each participating state's acceptance of a compact privilege to practice in
30+that state;
31+(c) increases public access to qualified, licensed dentists and dental
32+hygienists by creating a responsible, streamlined pathway for licensees to
33+practice in participating states;
34+(d) enhances the ability of participating states to protect the public's
35+health and safety;
3336 (e) does not interfere with licensure requirements established by a
3437 participating state;
3538 (f) facilitates the sharing of licensure and disciplinary information
3639 among participating states;
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3776 (g) requires dentists and dental hygienists who practice in a
3877 participating state pursuant to a compact privilege to practice within the
3978 scope of practice authorized in that state;
4079 (h) extends the authority of a participating state to regulate the
41-practice of dentistry and dental hygiene within its borders to dentists
42-and dental hygienists who practice in the state through a compact
43-privilege;
80+practice of dentistry and dental hygiene within its borders to dentists and
81+dental hygienists who practice in the state through a compact privilege;
4482 (i) promotes the cooperation of participating state in regulating the
4583 practice of dentistry and dental hygiene within those states; and
4684 (j) facilitates the relocation of military members and their spouses
4785 who are licensed to practice dentistry or dental hygiene.
4886 SECTION 2—DEFINITIONS
4987 As used in this compact, unless the context requires otherwise, the
5088 following definitions shall apply:
51-(a) "Active military member" means any person with full-time
52-duty status in the armed forces of the United States, including members
53-of the national guard and reserve.
89+(a) "Active military member" means any person with full-time duty
90+status in the armed forces of the United States, including members of the
91+national guard and reserve.
5492 (b) "Adverse action" means disciplinary action or encumbrance
55-imposed on a license or compact privilege by a state licensing
56-authority.
93+imposed on a license or compact privilege by a state licensing authority.
5794 (c) "Alternative program" means a non-disciplinary monitoring or
5895 practice remediation process applicable to a dentist or dental hygienist
59-approved by a state licensing authority of a participating state in which
60-the dentist or dental hygienist is licensed. This includes, but is not
61-limited to, programs to which licensees with substance abuse or
62-addiction issues are referred in lieu of adverse action.
63-(d) "Clinical assessment" means examination or process, required
64-for licensure as a dentist or dental hygienist as applicable, that provides HOUSE BILL No. 2453—page 2
96+approved by a state licensing authority of a participating state in which the
97+dentist or dental hygienist is licensed. This includes, but is not limited to,
98+programs to which licensees with substance abuse or addiction issues are
99+referred in lieu of adverse action.
100+(d) "Clinical assessment" means examination or process, required for
101+licensure as a dentist or dental hygienist as applicable, that provides
65102 evidence of clinical competence in dentistry or dental hygiene.
66-(e) "Commissioner" means the individual appointed by a
67-participating state to serve as the member of the commission for that
68-participating state.
103+(e) "Commissioner" means the individual appointed by a participating
104+state to serve as the member of the commission for that participating state.
69105 (f) "Compact" means this dentist and dental hygienist compact.
70-(g) "Compact privilege" means the authorization granted by a
71-remote state to allow a licensee from a participating state to practice as
72-a dentist or dental hygienist in a remote state.
73-(h) "Continuing professional development" means a requirement,
74-as a condition of license renewal, to provide evidence of successful
75-participation in educational or professional activities relevant to
76-practice or area of work.
106+(g) "Compact privilege" means the authorization granted by a remote
107+state to allow a licensee from a participating state to practice as a dentist or
108+dental hygienist in a remote state.
109+(h) "Continuing professional development" means a requirement, as a
110+condition of license renewal, to provide evidence of successful
111+participation in educational or professional activities relevant to practice or
112+area of work.
77113 (i) "Criminal background check" means the submission of
78114 fingerprints or other biometric-based information for a license applicant
79115 for the purpose of obtaining that applicant's criminal history record
80-information, as defined in 28 C.F.R. § 20.3(d) from the federal bureau
81-of investigation and the state's criminal history record repository as
82-defined in 28 C.F.R. § 20.3(f).
83-(j) "Data system" means the commission's repository of
84-information about licensees, including, but not limited to, examination,
85-licensure, investigative, compact privilege, adverse action and
86-alternative program.
87-(k) "Dental hygienist" means an individual who is licensed by a
88-state licensing authority to practice dental hygiene.
89-(l) "Dentist" means an individual who is licensed by a state
90-licensing authority to practice dentistry.
116+information, as defined in 28 C.F.R. § 20.3(d) from the federal bureau of
117+investigation and the state's criminal history record repository as defined in
118+28 C.F.R. § 20.3(f).
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162+(j) "Data system" means the commission's repository of information
163+about licensees, including, but not limited to, examination, licensure,
164+investigative, compact privilege, adverse action and alternative program.
165+(k) "Dental hygienist" means an individual who is licensed by a state
166+licensing authority to practice dental hygiene.
167+(l) "Dentist" means an individual who is licensed by a state licensing
168+authority to practice dentistry.
91169 (m) "Dentist and dental hygienist compact commission" or
92170 "commission" means a joint government agency established by this
93171 compact comprised of each state that has enacted the compact and a
94-national administrative body comprised of a commissioner from each
95-state that has enacted the compact.
172+national administrative body comprised of a commissioner from each state
173+that has enacted the compact.
96174 (n) "Encumbered license" means a license that a state licensing
97175 authority has limited in any way other than through an alternative
98176 program.
99177 (o) "Executive board" means the chairperson, vice chairperson,
100-secretary and treasurer and any other commissioners as may be
101-determined by commission rule or bylaw.
178+secretary and treasurer and any other commissioners as may be determined
179+by commission rule or bylaw.
102180 (p) "Jurisprudence requirement" means the assessment of an
103181 individual's knowledge of the laws and rules governing the practice of
104182 dentistry or dental hygiene, as applicable, in a state.
105183 (q) "License" means current authorization by a state, other than
106184 authorization pursuant to a compact privilege, or other privilege, for an
107185 individual to practice as a dentist or dental hygienist in that state.
108-(r) "Licensee" means an individual who holds an unrestricted
109-license from a participating state to practice as a dentist or dental
110-hygienist in that state.
186+(r) "Licensee" means an individual who holds an unrestricted license
187+from a participating state to practice as a dentist or dental hygienist in that
188+state.
111189 (s) "Model compact" means the model for the dentist and dental
112190 hygienist compact on file with the council of state governments or other
113191 entity as designated by the commission.
114192 (t) "Participating state" means a state that has enacted the compact
115-and been admitted to the commission in accordance with the provisions
116-of this compact and commission rules.
193+and been admitted to the commission in accordance with the provisions of
194+this compact and commission rules.
117195 (u) "Qualifying license" means a license that is not an encumbered
118196 license issued by a participating state to practice dentistry or dental
119197 hygiene.
120-(v) "Remote state" means a participating state where a licensee
121-who is not licensed as a dentist or dental hygienist is exercising or
122-seeking to exercise the compact privilege.
123-(w) "Rule" means a regulation promulgated by an entity that has
124-the force of law.
125-(x) "Scope of practice" means the procedures, actions and
126-processes a dentist or dental hygienist licensed in a state is permitted to
127-undertake in that state and the circumstances under which the licensee
128-is permitted to undertake those procedures, actions and processes. Such HOUSE BILL No. 2453—page 3
129-procedures, actions and processes and the circumstances under which
130-they may be undertaken may be established through means including,
131-but not limited to, statute, regulations, case law and other processes
132-available to the state licensing authority or other government agency.
198+(v) "Remote state" means a participating state where a licensee who
199+is not licensed as a dentist or dental hygienist is exercising or seeking to
200+exercise the compact privilege.
201+(w) "Rule" means a regulation promulgated by an entity that has the
202+force of law.
203+(x) "Scope of practice" means the procedures, actions and processes a
204+dentist or dental hygienist licensed in a state is permitted to undertake in
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248+that state and the circumstances under which the licensee is permitted to
249+undertake those procedures, actions and processes. Such procedures,
250+actions and processes and the circumstances under which they may be
251+undertaken may be established through means including, but not limited
252+to, statute, regulations, case law and other processes available to the state
253+licensing authority or other government agency.
133254 (y) "Significant investigative information" means information,
134-records and documents received or generated by a state licensing
135-authority pursuant to an investigation for which a determination has
136-been made that there is probable cause to believe that the licensee has
137-violated a statute or regulation that is considered more than a minor
138-infraction for which the state licensing authority could pursue adverse
139-action against the licensee.
140-(z) "State" means any state, commonwealth, district or territory of
141-the United States of America that regulates the practices of dentistry
142-and dental hygiene.
143-(aa) "State licensing authority" means an agency or other entity of
144-a state that is responsible for the licensing and regulation of dentists or
255+records and documents received or generated by a state licensing authority
256+pursuant to an investigation for which a determination has been made that
257+there is probable cause to believe that the licensee has violated a statute or
258+regulation that is considered more than a minor infraction for which the
259+state licensing authority could pursue adverse action against the licensee.
260+(z) "State" means any state, commonwealth, district or territory of the
261+United States of America that regulates the practices of dentistry and
262+dental hygiene.
263+(aa) "State licensing authority" means an agency or other entity of a
264+state that is responsible for the licensing and regulation of dentists or
145265 dental hygienists.
146266 SECTION 3—STATE PARTICIPATION IN THE COMPACT
147267 (a) In order to join the compact and thereafter continue as a
148268 participating state, a state must:
149269 (1) Enact a compact that is not materially different from the model
150270 compact as determined in accordance with commission rules;
151271 (2) participate fully in the commission's data system;
152272 (3) have a mechanism in place for receiving and investigating
153273 complaints about its licensees and license applicants;
154274 (4) notify the commission, in compliance with the terms of the
155-compact and commission rules, of any adverse action or the availability
156-of significant investigative information regarding a licensee and license
275+compact and commission rules, of any adverse action or the availability of
276+significant investigative information regarding a licensee and license
157277 applicant;
158-(5) fully implement a criminal background check requirement,
159-within a time frame established by commission rule, by receiving the
160-results of a qualifying criminal background check;
278+(5) fully implement a criminal background check requirement, within
279+a time frame established by commission rule, by receiving the results of a
280+qualifying criminal background check;
161281 (6) comply with the commission rules applicable to a participating
162282 state;
163-(7) accept the national board examinations of the joint commission
164-on national dental examinations or another examination accepted by
283+(7) accept the national board examinations of the joint commission on
284+national dental examinations or another examination accepted by
165285 commission rule as a licensure examination;
166-(8) accept for licensure that applicants for a dentist license
167-graduate from a predoctoral dental education program accredited by the
168-commission on dental accreditation, or another accrediting agency
286+(8) accept for licensure that applicants for a dentist license graduate
287+from a predoctoral dental education program accredited by the commission
288+on dental accreditation, or another accrediting agency recognized by the
289+United States department of education for the accreditation of dentistry
290+and dental hygiene education programs, leading to the doctor of dental
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334+surgery, D.D.S., or doctor of dental medicine, D.M.D., degree;
335+(9) accept for licensure that applicants for a dental hygienist license
336+graduate from a dental hygiene education program accredited by the
337+commission on dental accreditation or another accrediting agency
169338 recognized by the United States department of education for the
170-accreditation of dentistry and dental hygiene education programs,
171-leading to the doctor of dental surgery, D.D.S., or doctor of dental
172-medicine, D.M.D., degree;
173-(9) accept for licensure that applicants for a dental hygienist
174-license graduate from a dental hygiene education program accredited
175-by the commission on dental accreditation or another accrediting
176-agency recognized by the United States department of education for the
177339 accreditation of dentistry and dental hygiene education programs;
178340 (10) require for licensure that applicants successfully complete a
179341 clinical assessment;
180342 (11) have continuing professional development requirements as a
181343 condition for license renewal; and
182344 (12) pay a participation fee to the commission as established by
183345 commission rule.
184346 (b) Providing alternative pathways for an individual to obtain an
185347 unrestricted license does not disqualify a state from participating in the
186348 compact.
187-(c) When conducting a criminal background check, the state
188-licensing authority shall:
349+(c) When conducting a criminal background check, the state licensing
350+authority shall:
189351 (1) Consider that information in making a licensure decision;
190-(2) maintain documentation of completion of the criminal
191-background check and background check information to the extent
192-allowed by state and federal law; and HOUSE BILL No. 2453—page 4
352+(2) maintain documentation of completion of the criminal background
353+check and background check information to the extent allowed by state
354+and federal law; and
193355 (3) report to the commission whether it has completed the criminal
194356 background check and whether the individual was granted or denied a
195357 license.
196-(d) A licensee of a participating state who has a qualifying license
197-in that state and does not hold an encumbered license in any other
198-participating state shall be issued a compact privilege in a remote state
199-in accordance with the terms of the compact and commission rules. If a
200-remote state has a jurisprudence requirement, a compact privilege will
201-not be issued to the licensee unless the licensee has satisfied the
202-jurisprudence requirement.
358+(d) A licensee of a participating state who has a qualifying license in
359+that state and does not hold an encumbered license in any other
360+participating state shall be issued a compact privilege in a remote state in
361+accordance with the terms of the compact and commission rules. If a
362+remote state has a jurisprudence requirement, a compact privilege will not
363+be issued to the licensee unless the licensee has satisfied the jurisprudence
364+requirement.
203365 SECTION 4—COMPACT PRIVILEGE
204-(a) To obtain and exercise the compact privilege under the terms
205-and provisions of the compact, the licensee shall:
366+(a) To obtain and exercise the compact privilege under the terms and
367+provisions of the compact, the licensee shall:
206368 (1) Have a qualifying license as a dentist or dental hygienist in a
207369 participating state;
208370 (2) be eligible for a compact privilege in any remote state in
209371 accordance with subsections (d), (g) and (h);
210-(3) submit to an application process whenever the licensee is
211-seeking a compact privilege;
372+(3) submit to an application process whenever the licensee is seeking
373+a compact privilege;
212374 (4) pay any applicable commission and remote state fees for a
213375 compact privilege in the remote state;
214-(5) meet any jurisprudence requirement established by a remote
215-state in which the licensee is seeking a compact privilege;
216-(6) have passed a national board examination of the joint
217-commission on national dental examinations or another examination
218-accepted by commission rule;
219-(7) for a dentist, have graduated from a predoctoral dental
220-education program accredited by the commission on dental
221-accreditation, or another accrediting agency recognized by the United
222-States department of education for the accreditation of dentistry and
223-dental hygiene education programs, leading to the doctor of dental
224-surgery, D.D.S., or doctor of dental medicine, D.M.D., degree;
376+(5) meet any jurisprudence requirement established by a remote state
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420+in which the licensee is seeking a compact privilege;
421+(6) have passed a national board examination of the joint commission
422+on national dental examinations or another examination accepted by
423+commission rule;
424+(7) for a dentist, have graduated from a predoctoral dental education
425+program accredited by the commission on dental accreditation, or another
426+accrediting agency recognized by the United States department of
427+education for the accreditation of dentistry and dental hygiene education
428+programs, leading to the doctor of dental surgery, D.D.S., or doctor of
429+dental medicine, D.M.D., degree;
225430 (8) for a dental hygienist, have graduated from a dental hygiene
226-education program accredited by the commission on dental
227-accreditation or another accrediting agency recognized by the United
228-States department of education for the accreditation of dentistry and
229-dental hygiene education programs;
230-(9) have successfully completed a clinical assessment for
231-licensure;
232-(10) report to the commission any adverse action taken by any
233-non-participating state when applying for a compact privilege and,
234-otherwise, within 30 days after the date the adverse action is taken;
235-(11) report to the commission when applying for a compact
236-privilege the address of the licensee's primary residence and thereafter
237-immediately report to the commission any change in the address of the
238-licensee's primary residence; and
431+education program accredited by the commission on dental accreditation
432+or another accrediting agency recognized by the United States department
433+of education for the accreditation of dentistry and dental hygiene education
434+programs;
435+(9) have successfully completed a clinical assessment for licensure;
436+(10) report to the commission any adverse action taken by any non-
437+participating state when applying for a compact privilege and, otherwise,
438+within 30 days after the date the adverse action is taken;
439+(11) report to the commission when applying for a compact privilege
440+the address of the licensee's primary residence and thereafter immediately
441+report to the commission any change in the address of the licensee's
442+primary residence; and
239443 (12) consent to accept service of process by mail at the licensee's
240444 primary residence on record with the commission with respect to any
241445 action brought against the licensee by the commission or a participating
242-state and consent to accept service of a subpoena by mail at the
243-licensee's primary residence on record with the commission with
244-respect to any action brought or investigation conducted by the
245-commission or a participating state.
246-(b) The licensee must comply with the requirements of subsection
247-(a) to maintain the compact privilege in the remote state. If those
248-requirements are met, the compact privilege will continue as long as the
249-licensee maintains a qualifying license in the state through which the
250-licensee applied for the compact privilege and pays any applicable
251-compact privilege renewal fees.
252-(c) A licensee providing dentistry or dental hygiene in a remote
253-state under the compact privilege shall function within the scope of
254-practice authorized by the remote state for a dentist or dental hygienist
255-licensed in that state.
256-(d) A licensee providing dentistry or dental hygiene pursuant to a HOUSE BILL No. 2453—page 5
446+state and consent to accept service of a subpoena by mail at the licensee's
447+primary residence on record with the commission with respect to any
448+action brought or investigation conducted by the commission or a
449+participating state.
450+(b) The licensee must comply with the requirements of subsection (a)
451+to maintain the compact privilege in the remote state. If those requirements
452+are met, the compact privilege will continue as long as the licensee
453+maintains a qualifying license in the state through which the licensee
454+applied for the compact privilege and pays any applicable compact
455+privilege renewal fees.
456+(c) A licensee providing dentistry or dental hygiene in a remote state
457+under the compact privilege shall function within the scope of practice
458+authorized by the remote state for a dentist or dental hygienist licensed in
459+that state.
460+(d) A licensee providing dentistry or dental hygiene pursuant to a
257461 compact privilege in a remote state is subject to that state's regulatory
258462 authority. A remote state may, in accordance with due process and that
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259506 state's laws, by adverse action revoke or remove a licensee's compact
260-privilege in the remote state for a specific period of time and impose
261-fines or take any other necessary actions to protect the health and safety
262-of its citizens. If a remote state imposes an adverse action against a
263-compact privilege that limits the compact privilege, that adverse action
264-applies to all compact privileges in all remote states. A licensee whose
265-compact privilege in a remote state is removed for a specified period of
266-time is not eligible for a compact privilege in any other remote state
267-until the specific time for removal of the compact privilege has passed
268-and all encumbrance requirements are satisfied.
269-(e) If a license in a participating state is an encumbered license,
270-the licensee shall lose the compact privilege in a remote state and shall
271-not be eligible for a compact privilege in any remote state until the
272-license is no longer encumbered.
273-(f) Once an encumbered license in a participating state is restored
274-to good standing, the licensee must meet the requirements of subsection
275-(a) to obtain a compact privilege in a remote state.
276-(g) If a licensee's compact privilege in a remote state is removed
277-by the remote state, the individual shall lose or be ineligible for the
278-compact privilege in any remote state until the following occur:
279-(1) The specific period of time for which the compact privilege
280-was removed has ended; and
507+privilege in the remote state for a specific period of time and impose fines
508+or take any other necessary actions to protect the health and safety of its
509+citizens. If a remote state imposes an adverse action against a compact
510+privilege that limits the compact privilege, that adverse action applies to
511+all compact privileges in all remote states. A licensee whose compact
512+privilege in a remote state is removed for a specified period of time is not
513+eligible for a compact privilege in any other remote state until the specific
514+time for removal of the compact privilege has passed and all encumbrance
515+requirements are satisfied.
516+(e) If a license in a participating state is an encumbered license, the
517+licensee shall lose the compact privilege in a remote state and shall not be
518+eligible for a compact privilege in any remote state until the license is no
519+longer encumbered.
520+(f) Once an encumbered license in a participating state is restored to
521+good standing, the licensee must meet the requirements of subsection (a)
522+to obtain a compact privilege in a remote state.
523+(g) If a licensee's compact privilege in a remote state is removed by
524+the remote state, the individual shall lose or be ineligible for the compact
525+privilege in any remote state until the following occur:
526+(1) The specific period of time for which the compact privilege was
527+removed has ended; and
281528 (2) all conditions for removal of the compact privilege have been
282529 satisfied.
283530 (h) Once the requirements of subsection (g) have been met, the
284-licensee must meet the requirements in subsection (a) to obtain a
285-compact privilege in a remote state.
531+licensee must meet the requirements in subsection (a) to obtain a compact
532+privilege in a remote state.
286533 SECTION 5—ACTIVE MILITARY MEMBER OR THEIR SPOUSES
287-An active military member and their spouse shall not be required to
288-pay to the commission for a compact privilege the fee otherwise
289-charged by the commission. If a remote state chooses to charge a fee
290-for a compact privilege, it may choose to charge a reduced fee or no fee
291-to an active military member and their spouse for a compact privilege.
534+An active military member and their spouse shall not be required to pay
535+to the commission for a compact privilege the fee otherwise charged by the
536+commission. If a remote state chooses to charge a fee for a compact
537+privilege, it may choose to charge a reduced fee or no fee to an active
538+military member and their spouse for a compact privilege.
292539 SECTION 6—ADVERSE ACTIONS
293540 (a) A participating state in which a licensee is licensed shall have
294-exclusive authority to impose adverse action against the qualifying
295-license issued by that participating state.
541+exclusive authority to impose adverse action against the qualifying license
542+issued by that participating state.
296543 (b) A participating state may take adverse action based on the
297544 significant investigative information of a remote state, so long as the
298-participating state follows its own procedures for imposing adverse
299-action.
545+participating state follows its own procedures for imposing adverse action.
300546 (c) Nothing in this compact shall override a participating state's
301-decision that participation in an alternative program may be used in lieu
302-of adverse action and that such participation shall remain non-public if
303-required by the participating state's laws. Participating states must
304-require licensees who enter any alternative program in lieu of discipline
305-to agree not to practice pursuant to a compact privilege in any other
306-participating state during the term of the alternative program without
307-prior authorization from such other participating state.
308-(d) Any participating state in which a licensee is applying to
309-practice or is practicing pursuant to a compact privilege may
310-investigate actual or alleged violations of the statutes and regulations
311-authorizing the practice of dentistry or dental hygiene in any other
312-participating state in which the dentist or dental hygienist holds a
313-license or compact privilege.
547+decision that participation in an alternative program may be used in lieu of
548+adverse action and that such participation shall remain non-public if
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592+required by the participating state's laws. Participating states must require
593+licensees who enter any alternative program in lieu of discipline to agree
594+not to practice pursuant to a compact privilege in any other participating
595+state during the term of the alternative program without prior authorization
596+from such other participating state.
597+(d) Any participating state in which a licensee is applying to practice
598+or is practicing pursuant to a compact privilege may investigate actual or
599+alleged violations of the statutes and regulations authorizing the practice of
600+dentistry or dental hygiene in any other participating state in which the
601+dentist or dental hygienist holds a license or compact privilege.
314602 (e) A remote state shall have the authority to:
315-(1) Take adverse actions as set forth in section 4(d) of this
316-compact against a licensee's compact privilege in the state;
317-(2) in furtherance of its rights and responsibilities under the
318-compact and the commission's rules, issue subpoenas for both hearings
319-and investigations that require the attendance and testimony of
320-witnesses and the production of evidence. Subpoenas issued by a state HOUSE BILL No. 2453—page 6
321-licensing authority in a participating state for the attendance and
322-testimony of witnesses, or the production of evidence from another
323-participating state, shall be enforced in the latter state by any court of
324-competent jurisdiction, according to the practice and procedure of that
325-court applicable to subpoenas issued in proceedings pending before it.
326-The issuing authority shall pay any witness fees, travel expenses,
327-mileage and other fees required by the service statutes of the state
328-where the witnesses or evidence are located; and
329-(3) if otherwise permitted by state law, recover from the licensee
330-the costs of investigations and disposition of cases resulting from any
331-adverse action taken against that licensee.
332-(f) (1) In addition to the authority granted to a participating state
333-by its dentist or dental hygienist licensure act or other applicable state
334-law, a participating state may jointly investigate licensees with other
335-participating states.
603+(1) Take adverse actions as set forth in section 4(d) of this compact
604+against a licensee's compact privilege in the state;
605+(2) in furtherance of its rights and responsibilities under the compact
606+and the commission's rules, issue subpoenas for both hearings and
607+investigations that require the attendance and testimony of witnesses and
608+the production of evidence. Subpoenas issued by a state licensing authority
609+in a participating state for the attendance and testimony of witnesses, or
610+the production of evidence from another participating state, shall be
611+enforced in the latter state by any court of competent jurisdiction,
612+according to the practice and procedure of that court applicable to
613+subpoenas issued in proceedings pending before it. The issuing authority
614+shall pay any witness fees, travel expenses, mileage and other fees
615+required by the service statutes of the state where the witnesses or
616+evidence are located; and
617+(3) if otherwise permitted by state law, recover from the licensee the
618+costs of investigations and disposition of cases resulting from any adverse
619+action taken against that licensee.
620+(f) (1) In addition to the authority granted to a participating state by
621+its dentist or dental hygienist licensure act or other applicable state law, a
622+participating state may jointly investigate licensees with other participating
623+states.
336624 (2) Participating states shall share any significant investigative
337-information, litigation or compliance materials in furtherance of any
338-joint or individual investigation initiated under the compact.
625+information, litigation or compliance materials in furtherance of any joint
626+or individual investigation initiated under the compact.
339627 (g) (1) After a licensee's compact privilege in a remote state is
340-terminated, the remote state may continue an investigation of the
341-licensee that began when the licensee had a compact privilege in that
342-remote state.
343-(2) If the investigation yields what would be significant
344-investigative information had the licensee continued to have a compact
345-privilege in that remote state, the remote state shall report the presence
346-of such information to the data system as required by section 8(b)(6) of
347-this compact as if it was significant investigative information.
628+terminated, the remote state may continue an investigation of the licensee
629+that began when the licensee had a compact privilege in that remote state.
630+(2) If the investigation yields what would be significant investigative
631+information had the licensee continued to have a compact privilege in that
632+remote state, the remote state shall report the presence of such information
633+to the data system as required by section 8(b)(6) of this compact as if it
634+was significant investigative information.
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348678 SECTION 7—ESTABLISHMENT AND OPERATION OF THE
349679 COMMISSION
350680 (a) The compact participating states hereby create and establish a
351-joint government agency whose membership consists of all
352-participating states that have enacted the compact. The commission is
353-an instrumentality of the participating states acting jointly and not an
354-instrumentality of any one state. The commission shall come into
355-existence on or after the effective date of the compact as set forth in
356-section 11(a) of this compact.
681+joint government agency whose membership consists of all participating
682+states that have enacted the compact. The commission is an instrumentality
683+of the participating states acting jointly and not an instrumentality of any
684+one state. The commission shall come into existence on or after the
685+effective date of the compact as set forth in section 11(a) of this compact.
357686 (b) (1) Each participating state shall have and be limited to one
358-commissioner selected by that participating state's state licensing
359-authority or, if the state has more than one state licensing authority,
360-selected collectively by the state licensing authorities.
687+commissioner selected by that participating state's state licensing authority
688+or, if the state has more than one state licensing authority, selected
689+collectively by the state licensing authorities.
361690 (2) The commissioner shall be a member or designee of such
362691 authority or authorities.
363-(3) The commission may by rule or bylaw establish a term of
364-office for commissioners and may by rule or bylaw establish term
365-limits.
366-(4) The commission may recommend to a state licensing authority
367-or authorities, as applicable, removal or suspension of an individual as
368-the state's commissioner.
692+(3) The commission may by rule or bylaw establish a term of office
693+for commissioners and may by rule or bylaw establish term limits.
694+(4) The commission may recommend to a state licensing authority or
695+authorities, as applicable, removal or suspension of an individual as the
696+state's commissioner.
369697 (5) A participating state's state licensing authority or authorities, as
370-applicable, shall fill any vacancy of its commissioner on the
371-commission within 60 days after the vacancy.
372-(6) Each commissioner shall be entitled to one vote on all matters
373-that are voted upon by the commission.
698+applicable, shall fill any vacancy of its commissioner on the commission
699+within 60 days after the vacancy.
700+(6) Each commissioner shall be entitled to one vote on all matters that
701+are voted upon by the commission.
374702 (7) The commission shall meet at least once during each calendar
375703 year. Additional meetings may be held as set forth in the bylaws. The
376-commission may meet by telecommunication, video conference or
377-other similar electronic means.
704+commission may meet by telecommunication, video conference or other
705+similar electronic means.
378706 (c) The commission shall have the following powers:
379707 (1) Establish the fiscal year of the commission;
380708 (2) establish a code of conduct and conflict of interest policies;
381709 (3) adopt rules and bylaws;
382710 (4) maintain its financial records in accordance with the bylaws;
383-(5) meet and take such actions as are consistent with the
384-provisions of this compact, the commission's rules and the bylaws; HOUSE BILL No. 2453—page 7
385-(6) initiate and conclude legal proceedings or actions in the name
386-of the commission, provided that the standing of any state licensing
387-authority to sue or be sued under applicable law shall not be affected;
711+(5) meet and take such actions as are consistent with the provisions of
712+this compact, the commission's rules and the bylaws;
713+(6) initiate and conclude legal proceedings or actions in the name of
714+the commission, provided that the standing of any state licensing authority
715+to sue or be sued under applicable law shall not be affected;
388716 (7) maintain and certify records and information provided to a
389-participating state as the authenticated business records of the
390-commission and designate a person to do so on the commission's
391-behalf;
717+participating state as the authenticated business records of the commission
718+and designate a person to do so on the commission's behalf;
392719 (8) purchase and maintain insurance and bonds;
393-(9) borrow, accept or contract for services of personnel, including,
394-but not limited to, employees of a participating state;
720+(9) borrow, accept or contract for services of personnel, including, but
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764+not limited to, employees of a participating state;
395765 (10) conduct an annual financial review;
396766 (11) hire employees, elect or appoint officers, fix compensation,
397-define duties, grant such individuals appropriate authority to carry out
398-the purposes of the compact and establish the commission's personnel
399-policies and programs relating to conflicts of interest, qualifications of
400-personnel and other related personnel matters;
401-(12) as set forth in the commission rules, charge a fee to a licensee
402-for the grant of a compact privilege in a remote state and thereafter, as
403-may be established by commission rule, charge the licensee a compact
404-privilege renewal fee for each renewal period in which that licensee
405-exercises or intends to exercise the compact privilege in that remote
406-state. Nothing in this paragraph shall be construed to prevent a remote
407-state from charging a licensee a fee for a compact privilege or renewals
408-of a compact privilege, or a fee for the jurisprudence requirement, if the
409-remote state imposes such a requirement for the grant of a compact
410-privilege;
411-(13) accept any and all appropriate gifts, donations, grants of
412-money, other sources of revenue, equipment, supplies, materials and
413-services and receive, utilize and dispose of the same, and at all times
414-the commission shall avoid any appearance of impropriety or conflict
415-of interest;
416-(14) lease, purchase, retain, own, hold, improve or use any
417-property, real, personal or mixed, or any undivided interest in such
418-property;
767+define duties, grant such individuals appropriate authority to carry out the
768+purposes of the compact and establish the commission's personnel policies
769+and programs relating to conflicts of interest, qualifications of personnel
770+and other related personnel matters;
771+(12) as set forth in the commission rules, charge a fee to a licensee for
772+the grant of a compact privilege in a remote state and thereafter, as may be
773+established by commission rule, charge the licensee a compact privilege
774+renewal fee for each renewal period in which that licensee exercises or
775+intends to exercise the compact privilege in that remote state. Nothing in
776+this paragraph shall be construed to prevent a remote state from charging a
777+licensee a fee for a compact privilege or renewals of a compact privilege,
778+or a fee for the jurisprudence requirement, if the remote state imposes such
779+a requirement for the grant of a compact privilege;
780+(13) accept any and all appropriate gifts, donations, grants of money,
781+other sources of revenue, equipment, supplies, materials and services and
782+receive, utilize and dispose of the same, and at all times the commission
783+shall avoid any appearance of impropriety or conflict of interest;
784+(14) lease, purchase, retain, own, hold, improve or use any property,
785+real, personal or mixed, or any undivided interest in such property;
419786 (15) sell, convey, mortgage, pledge, lease, exchange, abandon or
420787 otherwise dispose of any property, real, personal or mixed;
421788 (16) establish a budget and make expenditures;
422789 (17) borrow money;
423-(18) appoint committees, including standing committees, which
424-may be composed of members, state regulators, state legislators or their
790+(18) appoint committees, including standing committees, which may
791+be composed of members, state regulators, state legislators or their
425792 representatives, consumer representatives and such other interested
426793 persons as may be designated in this compact and the bylaws;
427-(19) provide and receive information from, and cooperate with,
428-law enforcement agencies;
429-(20) elect a chairperson, vice chairperson, secretary and treasurer
430-and such other officers of the commission as provided in the
431-commission's bylaws;
794+(19) provide and receive information from, and cooperate with, law
795+enforcement agencies;
796+(20) elect a chairperson, vice chairperson, secretary and treasurer and
797+such other officers of the commission as provided in the commission's
798+bylaws;
432799 (21) establish and elect an executive board;
433800 (22) adopt and provide to the participating states an annual report;
434801 (23) determine whether a state's enacted compact is materially
435-different from the model compact language such that the state would
436-not qualify for participation in the compact; and
437-(24) perform such other functions as may be necessary or
438-appropriate to achieve the purposes of this compact.
439-(d) (1) All meetings of the commission that are not closed
440-pursuant to this subsection shall be open to the public. Notice of public
441-meetings shall be posted on the commission's website at least 30 days
442-prior to the public meeting.
443-(2) Notwithstanding subsection (d)(1), the commission may
444-convene an emergency public meeting by providing at least 24 hours'
445-prior notice on the commission's website, and any other means as
446-provided in the commission's rules, for any of the reasons it may
447-dispense with notice of proposed rulemaking under section 9(l) of this
448-compact. The commission's legal counsel shall certify that one of the HOUSE BILL No. 2453—page 8
449-reasons justifying an emergency public meeting has been met.
802+different from the model compact language such that the state would not
803+qualify for participation in the compact; and
804+(24) perform such other functions as may be necessary or appropriate
805+to achieve the purposes of this compact.
806+(d) (1) All meetings of the commission that are not closed pursuant to
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850+this subsection shall be open to the public. Notice of public meetings shall
851+be posted on the commission's website at least 30 days prior to the public
852+meeting.
853+(2) Notwithstanding subsection (d)(1), the commission may convene
854+an emergency public meeting by providing at least 24 hours' prior notice
855+on the commission's website, and any other means as provided in the
856+commission's rules, for any of the reasons it may dispense with notice of
857+proposed rulemaking under section 9(l) of this compact. The commission's
858+legal counsel shall certify that one of the reasons justifying an emergency
859+public meeting has been met.
450860 (3) Notice of all commission meetings shall provide the time, date
451-and location of the meeting, and if the meeting is to be held or
452-accessible via telecommunication, videoconference or other electronic
453-means, the notice shall include the mechanism for access to the meeting
454-through such means.
455-(4) The commission may convene in a closed, non-public meeting
456-for the commission to receive legal advice or to discuss:
457-(A) Noncompliance of a participating state with its obligations
458-under the compact;
861+and location of the meeting, and if the meeting is to be held or accessible
862+via telecommunication, videoconference or other electronic means, the
863+notice shall include the mechanism for access to the meeting through such
864+means.
865+(4) The commission may convene in a closed, non-public meeting for
866+the commission to receive legal advice or to discuss:
867+(A) Noncompliance of a participating state with its obligations under
868+the compact;
459869 (B) the employment, compensation, discipline or other matters,
460870 practices or procedures related to specific employees or other matters
461871 related to the commission's internal personnel practices and procedures;
462-(C) current or threatened discipline of a licensee or compact
463-privilege holder by the commission or by a participating state's
464-licensing authority;
872+(C) current or threatened discipline of a licensee or compact privilege
873+holder by the commission or by a participating state's licensing authority;
465874 (D) current, threatened or reasonably anticipated litigation;
466-(E) negotiation of contracts for the purchase, lease or sale of
467-goods, services or real estate;
468-(F) accusing any person of a crime or formally censuring any
469-person;
875+(E) negotiation of contracts for the purchase, lease or sale of goods,
876+services or real estate;
877+(F) accusing any person of a crime or formally censuring any person;
470878 (G) trade secrets or commercial or financial information that is
471879 privileged or confidential;
472880 (H) information of a personal nature where disclosure would
473881 constitute a clearly unwarranted invasion of personal privacy;
474882 (I) investigative records compiled for law enforcement purposes;
475-(J) information related to any investigative reports prepared by or
476-on behalf of or for use of the commission or other committee charged
477-with responsibility of investigation or determination of compliance
478-issues pursuant to the compact;
883+(J) information related to any investigative reports prepared by or on
884+behalf of or for use of the commission or other committee charged with
885+responsibility of investigation or determination of compliance issues
886+pursuant to the compact;
479887 (K) legal advice;
480888 (L) matters specifically exempted from disclosure to the public by
481889 federal or participating state law; and
482890 (M) other matters as promulgated by the commission by rule.
483891 (5) If a meeting, or portion of a meeting, is closed, the presiding
484892 officer shall state that the meeting will be closed and reference each
485-relevant exempting provision, and such reference shall be recorded in
486-the minutes.
487-(6) The commission shall keep minutes that fully and clearly
488-describe all matters discussed in a meeting and shall provide a full and
489-accurate summary of actions taken, and the reasons therefor, including
490-a description of the views expressed. All documents considered in
491-connection with an action shall be identified in such minutes. All
492-minutes and documents of a closed meeting shall remain under seal,
493-subject to release only by a majority vote of the commission or order of
494-a court of competent jurisdiction.
495-(e) (1) The commission shall pay, or provide for the payment of,
496-the reasonable expenses of its establishment, organization and ongoing
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936+relevant exempting provision, and such reference shall be recorded in the
937+minutes.
938+(6) The commission shall keep minutes that fully and clearly describe
939+all matters discussed in a meeting and shall provide a full and accurate
940+summary of actions taken, and the reasons therefor, including a description
941+of the views expressed. All documents considered in connection with an
942+action shall be identified in such minutes. All minutes and documents of a
943+closed meeting shall remain under seal, subject to release only by a
944+majority vote of the commission or order of a court of competent
945+jurisdiction.
946+(e) (1) The commission shall pay, or provide for the payment of, the
947+reasonable expenses of its establishment, organization and ongoing
497948 activities.
498949 (2) The commission may accept any and all appropriate sources of
499950 revenue, donations and grants of money, equipment, supplies, materials
500951 and services.
501952 (3) The commission may levy on and collect an annual assessment
502-from each participating state and impose fees on licensees of
503-participating states when a compact privilege is granted to cover the
504-cost of the operations and activities of the commission and its staff,
505-which must be in a total amount sufficient to cover its annual budget as
506-approved each fiscal year for which sufficient revenue is not provided
507-by other sources. The aggregate annual assessment amount for
508-participating states shall be allocated based upon a formula that the
509-commission shall promulgate by rule.
953+from each participating state and impose fees on licensees of participating
954+states when a compact privilege is granted to cover the cost of the
955+operations and activities of the commission and its staff, which must be in
956+a total amount sufficient to cover its annual budget as approved each fiscal
957+year for which sufficient revenue is not provided by other sources. The
958+aggregate annual assessment amount for participating states shall be
959+allocated based upon a formula that the commission shall promulgate by
960+rule.
510961 (4) The commission shall not incur obligations of any kind prior to
511962 securing the funds adequate to meet the same nor shall the commission
512-pledge the credit of any participating State except by and with the HOUSE BILL No. 2453—page 9
963+pledge the credit of any participating State except by and with the
513964 authority of the participating state.
514-(5) The commission shall keep accurate accounts of all receipts
515-and disbursements. The receipts and disbursements of the commission
516-shall be subject to the financial review and accounting procedures
517-established under its bylaws. All receipts and disbursements of funds
518-handled by the commission shall be subject to an annual financial
519-review by a certified or licensed public accountant, and the report of the
520-financial review shall be included in and become part of the annual
521-report of the commission.
522-(f) (1) The executive board shall have the power to act on behalf
523-of the commission according to the terms of this compact. The powers,
524-duties and responsibilities of the executive board shall include:
525-(A) Overseeing the day-to-day activities of the administration of
526-the compact including compliance with the provisions of the compact,
527-the commission's rules and bylaws;
528-(B) recommending to the commission changes to the rules or
529-bylaws, changes to this compact legislation, fees charged to compact
530-participating states, fees charged to licensees and other fees;
965+(5) The commission shall keep accurate accounts of all receipts and
966+disbursements. The receipts and disbursements of the commission shall be
967+subject to the financial review and accounting procedures established
968+under its bylaws. All receipts and disbursements of funds handled by the
969+commission shall be subject to an annual financial review by a certified or
970+licensed public accountant, and the report of the financial review shall be
971+included in and become part of the annual report of the commission.
972+(f) (1) The executive board shall have the power to act on behalf of
973+the commission according to the terms of this compact. The powers, duties
974+and responsibilities of the executive board shall include:
975+(A) Overseeing the day-to-day activities of the administration of the
976+compact including compliance with the provisions of the compact, the
977+commission's rules and bylaws;
978+(B) recommending to the commission changes to the rules or bylaws,
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1022+changes to this compact legislation, fees charged to compact participating
1023+states, fees charged to licensees and other fees;
5311024 (C) ensuring compact administration services are appropriately
5321025 provided, including by contract;
5331026 (D) preparing and recommending the budget;
5341027 (E) maintaining financial records on behalf of the commission;
5351028 (F) monitoring compact compliance of participating states and
5361029 providing compliance reports to the commission;
5371030 (G) establishing additional committees as necessary;
5381031 (H) exercising the powers and duties of the commission during the
539-interim between commission meetings, except for adopting or
540-amending rules, adopting or amending bylaws and exercising any other
541-powers and duties expressly reserved to the commission by rule or
542-bylaw; and
543-(I) other duties as provided in the rules or bylaws of the
544-commission.
545-(2) The executive board shall be composed of up to seven
546-members:
547-(A) The chairperson, vice chairperson, secretary and treasurer of
548-the commission and any other members of the commission who serve
549-on the executive board shall be voting members of the executive board;
550-and
1032+interim between commission meetings, except for adopting or amending
1033+rules, adopting or amending bylaws and exercising any other powers and
1034+duties expressly reserved to the commission by rule or bylaw; and
1035+(I) other duties as provided in the rules or bylaws of the commission.
1036+(2) The executive board shall be composed of up to seven members:
1037+(A) The chairperson, vice chairperson, secretary and treasurer of the
1038+commission and any other members of the commission who serve on the
1039+executive board shall be voting members of the executive board; and
5511040 (B) other than the chairperson, vice chairperson, secretary and
552-treasurer, the commission may elect up to three voting members from
553-the current membership of the commission.
554-(3) The commission may remove any member of the executive
555-board as provided in the commission's bylaws.
1041+treasurer, the commission may elect up to three voting members from the
1042+current membership of the commission.
1043+(3) The commission may remove any member of the executive board
1044+as provided in the commission's bylaws.
5561045 (4) The executive board shall meet at least annually.
557-(A) An executive board meeting at which it takes or intends to
558-take formal action on a matter shall be open to the public, except that
559-the executive board may meet in a closed, non-public session of a
560-public meeting when dealing with any of the matters covered under
561-subsection (d)(4).
1046+(A) An executive board meeting at which it takes or intends to take
1047+formal action on a matter shall be open to the public, except that the
1048+executive board may meet in a closed, non-public session of a public
1049+meeting when dealing with any of the matters covered under subsection
1050+(d)(4).
5621051 (B) The executive board shall give five business days' notice of its
563-public meetings, posted on its website and as it may otherwise
564-determine to provide notice to persons with an interest in the public
565-matters the executive board intends to address at those meetings.
566-(5) The executive board may hold an emergency meeting when
567-acting for the commission to:
1052+public meetings, posted on its website and as it may otherwise determine
1053+to provide notice to persons with an interest in the public matters the
1054+executive board intends to address at those meetings.
1055+(5) The executive board may hold an emergency meeting when acting
1056+for the commission to:
5681057 (A) Meet an imminent threat to public health, safety or welfare;
5691058 (B) prevent a loss of commission or participating state funds; or
5701059 (C) protect public health and safety.
5711060 (g) (1) The members, officers, executive director, employees and
572-representatives of the commission shall be immune from suit and
573-liability, both personally and in their official capacity, for any claim for
574-damage to or loss of property or personal injury or other civil liability
575-caused by or arising out of any actual or alleged act, error or omission
576-that occurred, or that the person against whom the claim is made had a HOUSE BILL No. 2453—page 10
577-reasonable basis for believing occurred within the scope of commission
578-employment, duties or responsibilities. Nothing in this subsection shall
579-be construed to protect any such person from suit or liability for any
580-damage, loss, injury or liability caused by the intentional or willful or
581-wanton misconduct of that person. The procurement of insurance of
582-any type by the commission shall not in any way compromise or limit
583-the immunity granted hereunder.
1061+representatives of the commission shall be immune from suit and liability,
1062+both personally and in their official capacity, for any claim for damage to
1063+or loss of property or personal injury or other civil liability caused by or
1064+arising out of any actual or alleged act, error or omission that occurred, or
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1108+that the person against whom the claim is made had a reasonable basis for
1109+believing occurred within the scope of commission employment, duties or
1110+responsibilities. Nothing in this subsection shall be construed to protect
1111+any such person from suit or liability for any damage, loss, injury or
1112+liability caused by the intentional or willful or wanton misconduct of that
1113+person. The procurement of insurance of any type by the commission shall
1114+not in any way compromise or limit the immunity granted hereunder.
5841115 (2) The commission shall defend any member, officer, executive
585-director, employee and representative of the commission in any civil
586-action seeking to impose liability arising out of any actual or alleged
587-act, error or omission that occurred within the scope of commission
588-employment, duties or responsibilities, or as determined by the
589-commission that the person against whom the claim is made had a
590-reasonable basis for believing occurred within the scope of commission
591-employment, duties or responsibilities, provided that nothing in this
592-paragraph shall be construed to prohibit that person from retaining their
593-own counsel at their own expense, and provided further that the actual
594-or alleged act, error or omission did not result from that person's
595-intentional or willful or wanton misconduct.
596-(3) Notwithstanding subsection (g)(1), should any member,
597-officer, executive director, employee or representative of the
598-commission be held liable for the amount of any settlement or
599-judgment arising out of any actual or alleged act, error or omission that
600-occurred within the scope of that individual's employment, duties or
601-responsibilities for the commission, or that the person to whom that
602-individual is liable had a reasonable basis for believing occurred within
603-the scope of the individual's employment, duties or responsibilities for
604-the commission, the commission shall indemnify and hold harmless
605-such individual, provided that the actual or alleged act, error or
606-omission did not result from the intentional or willful or wanton
607-misconduct of the individual.
608-(4) Nothing in this subsection shall be construed as a limitation on
609-the liability of any licensee for professional malpractice or misconduct,
610-which shall be governed solely by any other applicable state laws.
611-(5) Nothing in this compact shall be interpreted to waive or
612-otherwise abrogate a participating state's state action immunity or state
613-action affirmative defense with respect to antitrust claims under the
614-Sherman act, Clayton act or any other state or federal antitrust or
615-anticompetitive law or regulation.
1116+director, employee and representative of the commission in any civil action
1117+seeking to impose liability arising out of any actual or alleged act, error or
1118+omission that occurred within the scope of commission employment,
1119+duties or responsibilities, or as determined by the commission that the
1120+person against whom the claim is made had a reasonable basis for
1121+believing occurred within the scope of commission employment, duties or
1122+responsibilities, provided that nothing in this paragraph shall be construed
1123+to prohibit that person from retaining their own counsel at their own
1124+expense, and provided further that the actual or alleged act, error or
1125+omission did not result from that person's intentional or willful or wanton
1126+misconduct.
1127+(3) Notwithstanding subsection (g)(1), should any member, officer,
1128+executive director, employee or representative of the commission be held
1129+liable for the amount of any settlement or judgment arising out of any
1130+actual or alleged act, error or omission that occurred within the scope of
1131+that individual's employment, duties or responsibilities for the
1132+commission, or that the person to whom that individual is liable had a
1133+reasonable basis for believing occurred within the scope of the individual's
1134+employment, duties or responsibilities for the commission, the commission
1135+shall indemnify and hold harmless such individual, provided that the actual
1136+or alleged act, error or omission did not result from the intentional or
1137+willful or wanton misconduct of the individual.
1138+(4) Nothing in this subsection shall be construed as a limitation on the
1139+liability of any licensee for professional malpractice or misconduct, which
1140+shall be governed solely by any other applicable state laws.
1141+(5) Nothing in this compact shall be interpreted to waive or otherwise
1142+abrogate a participating state's state action immunity or state action
1143+affirmative defense with respect to antitrust claims under the Sherman act,
1144+Clayton act or any other state or federal antitrust or anticompetitive law or
1145+regulation.
6161146 (6) Nothing in this compact shall be construed to be a waiver of
6171147 sovereign immunity by the participating states or by the commission.
6181148 SECTION 8—DATA SYSTEM
619-(a) The commission shall provide for the development,
620-maintenance, operation and utilization of a coordinated database and
621-reporting system containing licensure, adverse action and the presence
622-of significant investigative information on all licensees and applicants
623-for a license in participating states.
624-(b) Notwithstanding any other provision of state law to the
625-contrary, a participating state shall submit a uniform data set to the data
626-system on all individuals to whom this compact is applicable as
627-required by the rules of the commission, including:
1149+(a) The commission shall provide for the development, maintenance,
1150+operation and utilization of a coordinated database and reporting system
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1194+containing licensure, adverse action and the presence of significant
1195+investigative information on all licensees and applicants for a license in
1196+participating states.
1197+(b) Notwithstanding any other provision of state law to the contrary, a
1198+participating state shall submit a uniform data set to the data system on all
1199+individuals to whom this compact is applicable as required by the rules of
1200+the commission, including:
6281201 (1) Identifying information;
6291202 (2) licensure data;
6301203 (3) adverse actions against a licensee, license applicant or compact
6311204 privilege and information related thereto;
6321205 (4) nonconfidential information related to alternative program
6331206 participation, the beginning and ending dates of such participation and
6341207 other information related to such participation;
635-(5) any denial of an application for licensure and the reasons for
636-such denial, excluding the reporting of any criminal history record
637-information where prohibited by law;
1208+(5) any denial of an application for licensure and the reasons for such
1209+denial, excluding the reporting of any criminal history record information
1210+where prohibited by law;
6381211 (6) the presence of significant investigative information; and
6391212 (7) other information that may facilitate the administration of this
640-compact or the protection of the public, as determined by the rules of HOUSE BILL No. 2453—page 11
641-the commission.
1213+compact or the protection of the public, as determined by the rules of the
1214+commission.
6421215 (c) The records and information provided to a participating state
643-pursuant to this compact or through the data system, when certified by
644-the commission or an agent thereof, shall constitute the authenticated
645-business records of the commission and shall be entitled to any
646-associated hearsay exception in any relevant judicial, quasi-judicial or
647-administrative proceedings in a participating state.
1216+pursuant to this compact or through the data system, when certified by the
1217+commission or an agent thereof, shall constitute the authenticated business
1218+records of the commission and shall be entitled to any associated hearsay
1219+exception in any relevant judicial, quasi-judicial or administrative
1220+proceedings in a participating state.
6481221 (d) Significant investigative information pertaining to a licensee in
649-any participating state shall only be available to other participating
650-states.
1222+any participating state shall only be available to other participating states.
6511223 (e) It is the responsibility of the participating states to monitor the
6521224 database to determine whether adverse action has been taken against a
6531225 licensee or license applicant. Adverse action information pertaining to a
654-licensee or license applicant in any participating state will be available
655-to any other participating state.
1226+licensee or license applicant in any participating state will be available to
1227+any other participating state.
6561228 (f) Participating states contributing information to the data system
657-may designate information that may not be shared with the public
658-without the express permission of the contributing state.
659-(g) Any information submitted to the data system that is
660-subsequently expunged pursuant to federal law or the laws of the
661-participating state contributing the information shall be removed from
662-the data system.
1229+may designate information that may not be shared with the public without
1230+the express permission of the contributing state.
1231+(g) Any information submitted to the data system that is subsequently
1232+expunged pursuant to federal law or the laws of the participating state
1233+contributing the information shall be removed from the data system.
6631234 SECTION 9—RULEMAKING
6641235 (a) The commission shall promulgate reasonable rules in order to
6651236 effectively and efficiently implement and administer the purposes and
666-provisions of the compact. A commission rule shall be invalid and have
667-no force or effect only if a court of competent jurisdiction holds that the
668-rule is invalid because the commission exercised its rulemaking
669-authority in a manner that is beyond the scope and purposes of the
670-compact, or the powers granted under this compact, or based upon
671-another applicable standard of review.
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1280+provisions of the compact. A commission rule shall be invalid and have no
1281+force or effect only if a court of competent jurisdiction holds that the rule
1282+is invalid because the commission exercised its rulemaking authority in a
1283+manner that is beyond the scope and purposes of the compact, or the
1284+powers granted under this compact, or based upon another applicable
1285+standard of review.
6721286 (b) The rules of the commission shall have the force of law in each
673-participating state, except that where the rules of the commission
674-conflict with the laws of the participating state that establish the
675-participating state's scope of practice as held by a court of competent
676-jurisdiction, the rules of the commission shall be ineffective in that
677-state to the extent of the conflict.
678-(c) The commission shall exercise its rulemaking powers pursuant
679-to the criteria set forth in this section of this compact and the rules
680-adopted thereunder. Rules shall become binding as of the date specified
681-by the commission for each rule.
682-(d) If a majority of the legislatures of the participating states
683-rejects a commission rule or portion of a commission rule, by
684-enactment of a statute or resolution in the same manner used to adopt
685-the compact, within four years of the date of adoption of the rule, then
686-such rule shall have no further force and effect in any participating state
687-or to any state applying to participate in the compact.
1287+participating state, except that where the rules of the commission conflict
1288+with the laws of the participating state that establish the participating
1289+state's scope of practice as held by a court of competent jurisdiction, the
1290+rules of the commission shall be ineffective in that state to the extent of the
1291+conflict.
1292+(c) The commission shall exercise its rulemaking powers pursuant to
1293+the criteria set forth in this section of this compact and the rules adopted
1294+thereunder. Rules shall become binding as of the date specified by the
1295+commission for each rule.
1296+(d) If a majority of the legislatures of the participating states rejects a
1297+commission rule or portion of a commission rule, by enactment of a statute
1298+or resolution in the same manner used to adopt the compact, within four
1299+years of the date of adoption of the rule, then such rule shall have no
1300+further force and effect in any participating state or to any state applying to
1301+participate in the compact.
6881302 (e) Rules shall be adopted at a regular or special meeting of the
6891303 commission.
690-(f) Prior to adoption of a proposed rule, the commission shall hold
691-a public hearing and allow persons to provide oral and written
692-comments, data, facts, opinions and arguments.
1304+(f) Prior to adoption of a proposed rule, the commission shall hold a
1305+public hearing and allow persons to provide oral and written comments,
1306+data, facts, opinions and arguments.
6931307 (g) Prior to adoption of a proposed rule by the commission, and at
694-least 30 days in advance of the meeting at which the commission will
695-hold a public hearing on the proposed rule, the commission shall
696-provide a notice of proposed rulemaking:
1308+least 30 days in advance of the meeting at which the commission will hold
1309+a public hearing on the proposed rule, the commission shall provide a
1310+notice of proposed rulemaking:
6971311 (1) On the website of the commission or other publicly accessible
6981312 platform;
699-(2) to persons who have requested notice of the commission's
700-notices of proposed rulemaking; and
1313+(2) to persons who have requested notice of the commission's notices
1314+of proposed rulemaking; and
7011315 (3) in such other ways as the commission may by rule specify.
7021316 (h) The notice of proposed rulemaking shall include:
7031317 (1) The time, date and location of the public hearing at which the
704-commission will hear public comments on the proposed rule and, if HOUSE BILL No. 2453—page 12
705-different, the time, date and location of the meeting where the
706-commission will consider and vote on the proposed rule;
707-(2) if the hearing is held via telecommunication, video conference
708-or other electronic means, the commission shall include the mechanism
709-for access to the hearing in the notice of proposed rulemaking;
1318+commission will hear public comments on the proposed rule and, if
1319+different, the time, date and location of the meeting where the commission
1320+will consider and vote on the proposed rule;
1321+(2) if the hearing is held via telecommunication, video conference or
1322+other electronic means, the commission shall include the mechanism for
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1366+access to the hearing in the notice of proposed rulemaking;
7101367 (3) the text of the proposed rule and the reason therefor;
711-(4) a request for comments on the proposed rule from any
712-interested person; and
1368+(4) a request for comments on the proposed rule from any interested
1369+person; and
7131370 (5) the manner in which interested persons may submit written
7141371 comments.
7151372 (i) All hearings shall be recorded. A copy of the recording and all
716-written comments and documents received by the commission in
717-response to the proposed rule shall be available to the public.
1373+written comments and documents received by the commission in response
1374+to the proposed rule shall be available to the public.
7181375 (j) Nothing in this section of this compact shall be construed as
7191376 requiring a separate hearing on each commission rule. Rules may be
7201377 grouped for the convenience of the commission at hearings required by
7211378 this section.
722-(k) The commission shall, by majority vote of all commissioners,
723-take final action on the proposed rule based on the rulemaking record.
1379+(k) The commission shall, by majority vote of all commissioners, take
1380+final action on the proposed rule based on the rulemaking record.
7241381 (1) The commission may adopt changes to the proposed rule if the
7251382 changes do not enlarge the original purpose of the proposed rule.
726-(2) The commission shall provide an explanation of the reasons
727-for substantive changes made to the proposed rule as well as reasons
728-for substantive changes not made that were recommended by
729-commenters.
1383+(2) The commission shall provide an explanation of the reasons for
1384+substantive changes made to the proposed rule as well as reasons for
1385+substantive changes not made that were recommended by commenters.
7301386 (3) The commission shall determine a reasonable effective date for
7311387 the rule. Except for an emergency as provided in subsection (l), the
7321388 effective date of the rule shall be no sooner than 30 days after the
7331389 commission issuing the notice that it adopted or amended the rule.
7341390 (l) Upon determination that an emergency exists, the commission
7351391 may consider and adopt an emergency rule with 24 hours' notice, with
736-opportunity to comment, and the usual rulemaking procedures provided
737-in the compact and in this section of this compact shall be retroactively
738-applied to the rule as soon as reasonably possible, in no event later than
739-90 days after the effective date of the rule. For the purposes of this
740-subsection, an emergency rule is one that must be adopted immediately
741-in order to:
1392+opportunity to comment, and the usual rulemaking procedures provided in
1393+the compact and in this section of this compact shall be retroactively
1394+applied to the rule as soon as reasonably possible, in no event later than 90
1395+days after the effective date of the rule. For the purposes of this subsection,
1396+an emergency rule is one that must be adopted immediately in order to:
7421397 (1) Meet an imminent threat to public health, safety or welfare;
7431398 (2) prevent a loss of commission or participating state funds;
744-(3) meet a deadline for the promulgation of a rule that is
745-established by federal law or rule; or
1399+(3) meet a deadline for the promulgation of a rule that is established
1400+by federal law or rule; or
7461401 (4) protect public health and safety.
747-(m) The commission or an authorized committee of the
748-commission may direct revisions to a previously adopted rule for
749-purposes of correcting typographical errors, errors in format, errors in
750-consistency or grammatical errors. Public notice of any revisions shall
751-be posted on the website of the commission. The revision shall be
752-subject to challenge by any person for a period of 30 days after posting.
753-The revision may be challenged only on grounds that the revision
754-results in a material change to a rule. A challenge shall be made in
755-writing and delivered to the commission prior to the end of the notice
756-period. If no challenge is made, the revision shall take effect without
757-further action. If the revision is challenged, the revision may not take
758-effect without the approval of the commission.
759-(n) No participating state's rulemaking requirements shall apply
760-under this compact.
1402+(m) The commission or an authorized committee of the commission
1403+may direct revisions to a previously adopted rule for purposes of
1404+correcting typographical errors, errors in format, errors in consistency or
1405+grammatical errors. Public notice of any revisions shall be posted on the
1406+website of the commission. The revision shall be subject to challenge by
1407+any person for a period of 30 days after posting. The revision may be
1408+challenged only on grounds that the revision results in a material change to
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1452+a rule. A challenge shall be made in writing and delivered to the
1453+commission prior to the end of the notice period. If no challenge is made,
1454+the revision shall take effect without further action. If the revision is
1455+challenged, the revision may not take effect without the approval of the
1456+commission.
1457+(n) No participating state's rulemaking requirements shall apply under
1458+this compact.
7611459 SECTION 10—OVERSIGHT, DISPUTE RESOLUTION AND
7621460 ENFORCEMENT
7631461 (a) (1) The executive and judicial branches of state government in
7641462 each participating state shall enforce this compact and take all actions
7651463 necessary and appropriate to implement the compact.
7661464 (2) Venue is proper and judicial proceedings by or against the
7671465 commission shall be brought solely and exclusively in a court of
768-competent jurisdiction where the principal office of the commission is HOUSE BILL No. 2453—page 13
769-located. The commission may waive venue and jurisdictional defenses
770-to the extent it adopts or consents to participate in alternative dispute
771-resolution proceedings. Nothing in this paragraph shall affect or limit
772-the selection or propriety of venue in any action against a licensee for
1466+competent jurisdiction where the principal office of the commission is
1467+located. The commission may waive venue and jurisdictional defenses to
1468+the extent it adopts or consents to participate in alternative dispute
1469+resolution proceedings. Nothing in this paragraph shall affect or limit the
1470+selection or propriety of venue in any action against a licensee for
7731471 professional malpractice, misconduct or any such similar matter.
774-(3) The commission shall be entitled to receive service of process
775-in any proceeding regarding the enforcement or interpretation of the
776-compact or commission rule and shall have standing to intervene in
777-such a proceeding for all purposes. Failure to provide the commission
778-service of process shall render a judgment or order void as to the
779-commission, this compact or promulgated rules.
1472+(3) The commission shall be entitled to receive service of process in
1473+any proceeding regarding the enforcement or interpretation of the compact
1474+or commission rule and shall have standing to intervene in such a
1475+proceeding for all purposes. Failure to provide the commission service of
1476+process shall render a judgment or order void as to the commission, this
1477+compact or promulgated rules.
7801478 (b) (1) If the commission determines that a participating state has
7811479 defaulted in the performance of its obligations or responsibilities under
7821480 this compact or the promulgated rules, the commission shall provide
783-written notice to the defaulting state. The notice of default shall
784-describe the default, the proposed means of curing the default and any
785-other action that the commission may take and shall offer training and
786-specific technical assistance regarding the default.
787-(2) The commission shall provide a copy of the notice of default
788-to the other participating states.
1481+written notice to the defaulting state. The notice of default shall describe
1482+the default, the proposed means of curing the default and any other action
1483+that the commission may take and shall offer training and specific
1484+technical assistance regarding the default.
1485+(2) The commission shall provide a copy of the notice of default to
1486+the other participating states.
7891487 (c) If a state in default fails to cure the default, the defaulting state
7901488 may be terminated from the compact upon an affirmative vote of a
7911489 majority of the commissioners, and all rights, privileges and benefits
792-conferred on that state by this compact may be terminated on the
793-effective date of termination. A cure of the default does not relieve the
794-offending state of obligations or liabilities incurred during the period of
795-default.
796-(d) Termination of participation in the compact shall be imposed
797-only after all other means of securing compliance have been exhausted.
798-Notice of intent to suspend or terminate shall be given by the
799-commission to the governor, the majority and minority leaders of the
800-defaulting state's legislature, the defaulting state's state licensing
801-authority or authorities, as applicable, and each of the participating
802-states' state licensing authority or authorities, as applicable.
803-(e) A state that has been terminated is responsible for all
804-assessments, obligations and liabilities incurred through the effective
805-date of termination, including obligations that extend beyond the
806-effective date of termination.
807-(f) Upon the termination of a state's participation in this compact,
808-that state shall immediately provide notice to all licensees of the state,
809-including licensees of other participating states issued a compact
810-privilege to practice within that state, of such termination. The
811-terminated state shall continue to recognize all compact privileges then
812-in effect in that state for a minimum of 180 days after the date of said
813-notice of termination.
814-(g) The commission shall not bear any costs related to a state that
815-is found to be in default or that has been terminated from the compact,
816-unless agreed upon in writing between the commission and the
817-defaulting state.
818-(h) The defaulting state may appeal the action of the commission
819-by petitioning the United States district court for the District of
820-Columbia or the federal district where the commission has its principal
821-offices. The prevailing party shall be awarded all costs of such
822-litigation, including reasonable attorney fees.
1490+conferred on that state by this compact may be terminated on the effective
1491+date of termination. A cure of the default does not relieve the offending
1492+state of obligations or liabilities incurred during the period of default.
1493+(d) Termination of participation in the compact shall be imposed only
1494+after all other means of securing compliance have been exhausted. Notice
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1538+of intent to suspend or terminate shall be given by the commission to the
1539+governor, the majority and minority leaders of the defaulting state's
1540+legislature, the defaulting state's state licensing authority or authorities, as
1541+applicable, and each of the participating states' state licensing authority or
1542+authorities, as applicable.
1543+(e) A state that has been terminated is responsible for all assessments,
1544+obligations and liabilities incurred through the effective date of
1545+termination, including obligations that extend beyond the effective date of
1546+termination.
1547+(f) Upon the termination of a state's participation in this compact, that
1548+state shall immediately provide notice to all licensees of the state,
1549+including licensees of other participating states issued a compact privilege
1550+to practice within that state, of such termination. The terminated state shall
1551+continue to recognize all compact privileges then in effect in that state for
1552+a minimum of 180 days after the date of said notice of termination.
1553+(g) The commission shall not bear any costs related to a state that is
1554+found to be in default or that has been terminated from the compact, unless
1555+agreed upon in writing between the commission and the defaulting state.
1556+(h) The defaulting state may appeal the action of the commission by
1557+petitioning the United States district court for the District of Columbia or
1558+the federal district where the commission has its principal offices. The
1559+prevailing party shall be awarded all costs of such litigation, including
1560+reasonable attorney fees.
8231561 (i) (1) Upon request by a participating state, the commission shall
8241562 attempt to resolve disputes related to the compact that arise among
825-participating states and between participating states and
826-nonparticipating states.
1563+participating states and between participating states and nonparticipating
1564+states.
8271565 (2) The commission shall promulgate a rule providing for both
8281566 mediation and binding dispute resolution for disputes as appropriate.
829-(j) (1) The commission, in the reasonable exercise of its
830-discretion, shall enforce the provisions of this compact and the
831-commission's rules.
832-(2) By majority vote, the commission may initiate legal action HOUSE BILL No. 2453—page 14
833-against a participating state in default in the United States district court
834-for the District of Columbia or the federal district where the
835-commission has its principal offices to enforce compliance with the
836-provisions of the compact and its promulgated rules. The relief sought
837-may include both injunctive relief and damages. In the event judicial
838-enforcement is necessary, the prevailing party shall be awarded all costs
839-of such litigation, including reasonable attorney fees. The remedies in
840-this paragraph shall not be the exclusive remedies of the commission.
841-The commission may pursue any other remedies available under federal
842-or the defaulting participating state's law.
843-(3) A participating state may initiate legal action against the
844-commission in the United States district court for the District of
845-Columbia or the federal district where the commission has its principal
846-offices to enforce compliance with the provisions of the compact and
847-its promulgated rules. The relief sought may include both injunctive
1567+(j) (1) The commission, in the reasonable exercise of its discretion,
1568+shall enforce the provisions of this compact and the commission's rules.
1569+(2) By majority vote, the commission may initiate legal action against
1570+a participating state in default in the United States district court for the
1571+District of Columbia or the federal district where the commission has its
1572+principal offices to enforce compliance with the provisions of the compact
1573+and its promulgated rules. The relief sought may include both injunctive
8481574 relief and damages. In the event judicial enforcement is necessary, the
8491575 prevailing party shall be awarded all costs of such litigation, including
850-reasonable attorney fees.
1576+reasonable attorney fees. The remedies in this paragraph shall not be the
1577+exclusive remedies of the commission. The commission may pursue any
1578+other remedies available under federal or the defaulting participating
1579+state's law.
1580+(3) A participating state may initiate legal action against the
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1624+commission in the United States district court for the District of Columbia
1625+or the federal district where the commission has its principal offices to
1626+enforce compliance with the provisions of the compact and its
1627+promulgated rules. The relief sought may include both injunctive relief and
1628+damages. In the event judicial enforcement is necessary, the prevailing
1629+party shall be awarded all costs of such litigation, including reasonable
1630+attorney fees.
8511631 (4) No individual or entity other than a participating state may
8521632 enforce this compact against the commission.
8531633 SECTION 11—EFFECTIVE DATE, WITHDRAWAL AND
8541634 AMENDMENT
8551635 (a) The compact shall come into effect on the date on which the
8561636 compact statute is enacted into law in the seventh participating state.
8571637 (1) On or after the effective date of the compact, the commission
858-shall convene and review the enactment of each of the states that
859-enacted the compact prior to the commission convening, the charter
860-participating states, to determine if the statute enacted by each such
861-charter participating state is materially different than the model
862-compact.
1638+shall convene and review the enactment of each of the states that enacted
1639+the compact prior to the commission convening, the charter participating
1640+states, to determine if the statute enacted by each such charter participating
1641+state is materially different than the model compact.
8631642 (A) A charter participating state whose enactment is found to be
864-materially different from the model compact shall be entitled to the
865-default process set forth in section 10 of this compact.
1643+materially different from the model compact shall be entitled to the default
1644+process set forth in section 10 of this compact.
8661645 (B) If any participating state is later found to be in default, or is
867-terminated or withdraws from the compact, the commission shall
868-remain in existence and the compact shall remain in effect even if the
869-number of participating states should be fewer than seven.
870-(2) Participating states enacting the compact subsequent to the
871-charter participating states shall be subject to the process set forth in
872-section 7(c)(23) of this compact to determine if their enactments are
873-materially different from the model compact and whether they qualify
874-for participation in the compact.
1646+terminated or withdraws from the compact, the commission shall remain in
1647+existence and the compact shall remain in effect even if the number of
1648+participating states should be fewer than seven.
1649+(2) Participating states enacting the compact subsequent to the charter
1650+participating states shall be subject to the process set forth in section 7(c)
1651+(23) of this compact to determine if their enactments are materially
1652+different from the model compact and whether they qualify for
1653+participation in the compact.
8751654 (3) All actions taken for the benefit of the commission or in
876-furtherance of the purposes of the administration of the compact prior
877-to the effective date of the compact or the commission coming into
878-existence shall be considered to be actions of the commission unless
879-specifically repudiated by the commission.
880-(4) Any state that joins the compact subsequent to the
881-commission's initial adoption of the rules and bylaws shall be subject to
882-the commission's rules and bylaws as they exist on the date on which
883-the compact becomes law in that state. Any rule that has been
884-previously adopted by the commission shall have the full force and
885-effect of law on the day the compact becomes law in that state.
1655+furtherance of the purposes of the administration of the compact prior to
1656+the effective date of the compact or the commission coming into existence
1657+shall be considered to be actions of the commission unless specifically
1658+repudiated by the commission.
1659+(4) Any state that joins the compact subsequent to the commission's
1660+initial adoption of the rules and bylaws shall be subject to the
1661+commission's rules and bylaws as they exist on the date on which the
1662+compact becomes law in that state. Any rule that has been previously
1663+adopted by the commission shall have the full force and effect of law on
1664+the day the compact becomes law in that state.
8861665 (b) Any participating state may withdraw from this compact by
8871666 enacting a statute repealing that state's enactment of the compact.
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8881710 (1) A participating state's withdrawal shall not take effect until 180
8891711 days after enactment of the repealing statute.
8901712 (2) Withdrawal shall not affect the continuing requirement of the
8911713 withdrawing state's licensing authority or authorities to comply with the
8921714 investigative and adverse action reporting requirements of this compact
8931715 prior to the effective date of withdrawal.
894-(3) Upon the enactment of a statute withdrawing from this
895-compact, the state shall immediately provide notice of such withdrawal
896-to all licensees within that state. Notwithstanding any subsequent HOUSE BILL No. 2453—page 15
897-statutory enactment to the contrary, such withdrawing state shall
898-continue to recognize all compact privileges to practice within that state
899-granted pursuant to this compact for a minimum of 180 days after the
900-date of such notice of withdrawal.
901-(c) Nothing contained in this compact shall be construed to
902-invalidate or prevent any licensure agreement or other cooperative
903-arrangement between a participating state and a non-participating state
904-that does not conflict with the provisions of this compact.
1716+(3) Upon the enactment of a statute withdrawing from this compact,
1717+the state shall immediately provide notice of such withdrawal to all
1718+licensees within that state. Notwithstanding any subsequent statutory
1719+enactment to the contrary, such withdrawing state shall continue to
1720+recognize all compact privileges to practice within that state granted
1721+pursuant to this compact for a minimum of 180 days after the date of such
1722+notice of withdrawal.
1723+(c) Nothing contained in this compact shall be construed to invalidate
1724+or prevent any licensure agreement or other cooperative arrangement
1725+between a participating state and a non-participating state that does not
1726+conflict with the provisions of this compact.
9051727 (d) This compact may be amended by the participating states. No
906-amendment to this compact shall become effective and binding upon
907-any participating state until it is enacted into the laws of all
908-participating states.
1728+amendment to this compact shall become effective and binding upon any
1729+participating state until it is enacted into the laws of all participating states.
9091730 SECTION 12—CONSTRUCTION AND SEVERABILITY
910-(a) This compact and the commission's rulemaking authority shall
911-be liberally construed so as to effectuate the purposes and the
912-implementation and administration of the compact. Provisions of the
913-compact expressly authorizing or requiring the promulgation of rules
914-shall not be construed to limit the commission's rulemaking authority
915-solely for those purposes.
1731+(a) This compact and the commission's rulemaking authority shall be
1732+liberally construed so as to effectuate the purposes and the implementation
1733+and administration of the compact. Provisions of the compact expressly
1734+authorizing or requiring the promulgation of rules shall not be construed to
1735+limit the commission's rulemaking authority solely for those purposes.
9161736 (b) The provisions of this compact shall be severable, and if any
917-phrase, clause, sentence or provision of this compact is held by a court
918-of competent jurisdiction to be contrary to the constitution of any
1737+phrase, clause, sentence or provision of this compact is held by a court of
1738+competent jurisdiction to be contrary to the constitution of any
9191739 participating state, a state seeking participation in the compact or of the
9201740 United States, or the applicability thereof to any government, agency,
9211741 person or circumstance is held to be unconstitutional by a court of
922-competent jurisdiction, the validity of the remainder of this compact
923-and the applicability thereof to any other government, agency, person
924-or circumstance shall not be affected by such holding.
1742+competent jurisdiction, the validity of the remainder of this compact and
1743+the applicability thereof to any other government, agency, person or
1744+circumstance shall not be affected by such holding.
9251745 (c) Notwithstanding subsection (b), the commission may deny a
926-state's participation in the compact or, in accordance with the
927-requirements of section 10(b) of this compact, terminate a participating
928-state's participation in the compact, if it determines that a constitutional
1746+state's participation in the compact or, in accordance with the requirements
1747+of section 10(b) of this compact, terminate a participating state's
1748+participation in the compact, if it determines that a constitutional
9291749 requirement of a participating state is a material departure from the
9301750 compact. Otherwise, if this compact shall be held to be contrary to the
9311751 constitution of any participating state, the compact shall remain in full
9321752 force and effect as to the remaining participating states and in full force
933-and effect as to the participating state affected as to all severable
934-matters.
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1796+and effect as to the participating state affected as to all severable matters.
9351797 SECTION 13—CONSISTENT EFFECT AND CONFLICT WITH
9361798 OTHER STATE LAWS
937-(a) Nothing in this compact shall prevent or inhibit the
938-enforcement of any other law of a participating state that is not
939-inconsistent with the compact.
1799+(a) Nothing in this compact shall prevent or inhibit the enforcement
1800+of any other law of a participating state that is not inconsistent with the
1801+compact.
9401802 (b) Any laws, statutes, regulations or other legal requirements in a
941-participating state in conflict with the compact are superseded to the
942-extent of the conflict. HOUSE BILL No. 2453—page 16
1803+participating state in conflict with the compact are superseded to the extent
1804+of the conflict.
9431805 (c) All permissible agreements between the commission and the
9441806 participating states are binding in accordance with their terms.
9451807 Sec. 2. This act shall take effect and be in force from and after its
9461808 publication in the statute book.
947-I hereby certify that the above BILL originated in the
948-HOUSE, and passed that body
949-Speaker of the House.
950-Chief Clerk of the House.
951-
952-Passed the SENATE ______________________________________________________________________________
953-President of the Senate.
954-Secretary of the Senate.
955-APPROVED __________________________________________________________________________________________________
956-Governor.
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