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HOUSE DOCKET, NO. 3459 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 455
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Edward R. Philips
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to the dental licensure compact in Massachusetts.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Edward R. Philips8th Norfolk1/17/2025 1 of 28
HOUSE DOCKET, NO. 3459 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 455
By Representative Philips of Sharon, a petition (accompanied by bill, House, No. 455) of
Edward R. Philips relative to a interstate dental and dental hygiene licensure compact.
Consumer Protection and Professional Licensure.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act relative to the dental licensure compact in Massachusetts.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. The General Laws are hereby amended by inserting after chapter 112A the
2following new chapter:-
3 Chapter 112B. Interstate Dental and Dental Hygiene Licensure Compact
4 Section 1. Purpose
5 This Compact shall be known as the Interstate Dental and Dental Hygiene Licensure
6Compact and the purpose of the Compact is to expedite licensure and increase access to dental
7health care through licensure boards acting in cooperation. The Compact adopts the existing
8structures most utilized by Dental Boards across the United States, while ensuring the safety of
9the public through the sharing of documents and information. This Compact ensures that each
10state retains the right to impose an adverse action on a licensee as a home state or as a practicing
11state. Each state has an opportunity to share investigations and information with the home state 2 of 28
12of licensure. The Compact is operated by state dental board members, administrators and other
13staff, thus allowing for each state to maintain its sovereignty.
14 The Compact:
15 (i) Allows for expedited licensure portability and ease of movement of licensees between
16states;
17 (ii) Allows each state to continue to regulate the practice of dentistry and dental hygiene
18within its borders;
19 (iii) Creates a common goal of protecting the public by ensuring a uniform licensure
20standard and sharing of information in the Compact;
21 (iv) Allows for licensure in every participating state by requiring passage of the uniform
22licensure examination that assesses psychomotor and cognitive dental skills and is currently
23accepted in fifty state (50) licensing jurisdictions and United States territories;
24 (v) Gives licensees one (1) location to maintain professional documentation to expedite
25license transfers in states, hospitals or institutional credentialing;
26 (vi) Facilitates a faster licensure process for relocation or separation of military members
27and their dependent spouses; there are no Compact fees for military members or their spouses;
28 (vii) Alleviates a duplicative process for licensure among multiple states; and,
29 (viii) Saves applicants money by not having to obtain duplicate documents from a source
30that charges for the documents.
31 Section 2. Definitions 3 of 28
32 As used in this chapter, the following words shall have the following meanings unless the
33context clearly requires otherwise:
34 “AADB”, the American Association of Dental Boards (AADB) or its named successor,
35formerly known as the American Association of Dental Examiners (AADE), originally chartered
36on September 10th, 1896 and renewed in 1944, comprised of State Dental Boards in the United
37States and its territories.
38 “Attorneys’ Committee”, the committee of attorneys who currently represent a Member
39State Dental Board. The Attorneys’ Committee shall designate one of its members to participate
40in the Commission as a non-voting member. An attorney that has previously served as an
41attorney for a Member State Dental Board may be invited on a year-to-year basis to serve on the
42Attorneys’ Committee if they have not engaged in an official case against a State Dental Board
43or have any other conflict of interest. The Attorneys’ Committee may assist the investigators in
44working through joint investigation issues between states.
45 “Active-duty military person or spouse”, a Licensee in full-time active-duty status in the
46active uniformed services of the United States, including members of the National Guard and
47Reserves. The legal spouse of the military member must be recognized by the military unit as a
48dependent while the service member is on active duty. Spouses shall receive the same privileges
49as military members for the purpose of this Compact.
50 “Active Investigation”, an active investigation potentially resulting in formal allegations
51or charges precipitating a judicial process by a State Dental Board, oversight agency, or other
52law enforcement entity. 4 of 28
53 “Adverse Action”, an order issued by a State Dental Board or reported to the
54clearinghouse pursuant to the Commission’s Bylaws and rules that disciplines a Licensee.
55Adverse Action includes, and is not limited to, the suspension, limiting, or revocation of a
56License or Compact License Privilege; the imposition of fees and sanctions; and any temporary
57emergency order that may be later withdrawn by a Board.
58 “ADEX examination”, the initial licensure examinations developed by the American
59Board of Dental Examiners, Inc. or its successor.
60 “Bylaws”, the bylaws passed by the Commission or its named successor commission.
61 “Clearinghouse”, the clearinghouse and databank that houses prior Adverse Action
62documentations, orders and denials of licensure or permits from State Dental Boards that is
63administered by the AADB or its successor.
64 “CODA”, the Commission on Dental Accreditation or its successor as approved by the
65United States Department of Education.
66 “Commission”, the Interstate Dental and Dental Hygiene Compact Licensure
67Commission created pursuant to Section 3 of this Act.
68 “Commissioners”, the two (2) members chosen by each Member State Dental Board to
69serve as the voting members of the Commission.
70 “Compact”, the Interstate Dental and Dental Hygiene Licensure Compact created
71pursuant to this Chapter.
72 “Compact License Privilege”, the expedited dental or dental hygiene license to practice in
73a Member State that is not the Licensee’s Home State. 5 of 28
74 “Conviction”, an adjudication or formal judgment by a court that an individual is guilty
75through a plea of guilty or no contest, or a finding of guilt by the court. Evidence of a conviction
76of a criminal offense by the court shall be considered final for the purposes of considering or
77imposing disciplinary action by a Member State Dental Board.
78 “Criminal background check”, a criminal background check using the results of
79fingerprint or other biometric data checks compliant with the requirements of the Federal Bureau
80of Investigation, with the exception of federal employees who have suitability determination in
81accordance with 5 C.F.R. 731.202.
82 “Dental hygienist”, any person who: (i) has successfully graduated from a CODA-
83approved dental hygiene school; (ii) has successfully passed the ADEX dental hygiene licensure
84examination; or has been in practice 5 years or more and has successfully passed a Regional
85Board Examination or equivalent state-administered psychomotor licensure examination prior to
86January 1, 2024; (iii) has successfully passed the written national dental hygiene board
87examination administered by the Joint Commission on National Dental Examinations; (iv)
88possesses a full and unrestricted dental hygiene license issued by a Member State; (v) has never
89been convicted or received adjudication, deferred adjudication, community supervision or
90deferred disposition for any offense (other than traffic offenses) by a court of appropriate
91jurisdiction; (vi) has never been a subject of discipline by a Licensing Agency through any
92Adverse Action, order, or other restriction of the Licensee by a Licensing Agency, with the
93exception of failure to pay fees or failure to complete continuing education; (vii) is not currently
94under Active Investigation by a Licensing Agency or law enforcement authority in any state,
95federal or foreign jurisdiction; and (viii) meets any jurisprudence requirement established by a 6 of 28
96Member State Dental Board of a Member State in which a Licensee is seeking a Compact
97License Privilege.
98 “Dental Practice Act”, the laws and regulations governing the practice of dentistry within
99a Member State.
100 “Dentist”, any person who: (i) has successfully graduated from a CODA-approved dental
101school; (ii) has successfully passed the ADEX dental licensure exam; or has been in practice 5
102years or more and has successfully passed a Regional Board Examination or equivalent state-
103administered psychomotor licensure examination prior to January 1, 2024; (iii) has successfully
104passed the written National Dental Board Exam administered by the Joint Commission on
105National Dental Examinations; (iv) possesses a full and unrestricted dental license issued by a
106Member State Dental Board; (v) has never been convicted or received adjudication, deferred
107adjudication, community supervision, or deferred disposition for any offense (other than traffic
108offenses) by a court of appropriate jurisdiction; (vi) has never been a subject of discipline by a
109Licensing Agency through any Adverse Action, order, or other restriction of the Licensee by a
110Licensing Agency, with the exception of failure to pay fees or failure to complete continuing
111education; (vii) has never had a state or federal drug registration, permit, or license restricted,
112suspended, or revoked by the United States Drug Enforcement Administration or any Licensing
113Agency that oversees scheduled drug registrations; (viii) is not currently under Active
114Investigation by a Licensing Agency or law enforcement authority in any state, federal or foreign
115jurisdiction; and (ix) meets any jurisprudence requirement established by a Member State Dental
116Board in which a Licensee is seeking a Compact License Privilege.
117 “Home State”, the state of primary licensure of a Licensee. 7 of 28
118 “License”, the authorization by a Licensing Authority for a dentist or dental hygienist to
119engage in the unrestricted practice of dentistry or dental hygiene, which would be unlawful
120without such license.
121 “Licensee”, a Dentist or Dental Hygienist who holds an unrestricted License to practice
122as a dentists or dental hygienist.
123 “Licensing Agency”, the agency or other entity of a State that is responsible for the
124licensing of Dentists and Dental Hygienists. If a Member State Dental Board has such
125responsibility, it shall be deemed a Licensing Agency.
126 “Member State Dental Board”, a state agency in a Member State that protects the public
127through licensure, regulation, and the education of dentist and dental hygienists, as directed by
128the state law. All actions taken by a Member State Dental Board shall be under the authority of
129the laws its State and any other rights conferred under this Compact.
130 “Member State”, a state, the District of Colombia or any other United States territory that
131has enacted the Compact.
132 “Regional Board Examination”, initial licensure examinations administered by the
133Western Regional Examining Board (WREB), the North East Regional Board of Dental
134Examiners (NERB), the Commission on Dental Competency Assessments (CDCA), Council of
135Interstate Testing Agencies (CITA), Southern Regional Testing Agency (SRTA), or Central
136Regional Dental Testing Services (CRDTS) that assess psychomotor skills.
137 “Repository”, the repository of original documents of a Licensee that may include
138original transcripts, certification documents, test scores, military training records, previous or 8 of 28
139current licensing documents and other sources of materials needed for applications and
140verification administered by the AADB or its successor. The Repository shall receive documents
141from primary or originating sources and/or verify their authenticity.
142 “Scope of practice”, the dental-related procedures that require a License, permit, or
143training, to undertake the treatment and procedure to be completed on a patient within the
144Member State’s requirements.
145 “State”, a state within the United States or a United States Territory.
146 “State jurisprudence”, the knowledge of a Member State’s laws and rules of dentistry and
147dental hygiene.
148 Section 3. Compact and Commission
149 (a) The Member States hereby create the Interstate Dental and Dental Hygiene Licensure
150Compact and the Commission. Each Member State must enact a compact that is not materially
151different from this Compact, as determined by the Commission.
152 (b) Each Member State Dental Board shall have two (2) voting members who shall serve
153as Commissioners. Each Commissioner shall have one (1) vote. Member States with separate
154dental and dental hygiene Licensing Agencies shall appoint one (1) Commissioner from each
155licensing agency. One Commissioner shall be a current member of a Member State Dental
156Board. Commissioners may not delegate votes or vote by proxy, however, if a Commissioner is
157unable to attend, the Member State may substitute a Commissioner who meets the same
158requirements. 9 of 28
159 (c) Upon five (5) states joining the Compact, the Compact shall become active. The
160Commission shall adopt Bylaws upon becoming active.
161 (d) The Commission shall meet at least once per calendar year (the “Annual Meeting”)
162and at additional times as necessary pursuant to the Bylaws and rules.
163 (e) At each Annual Meeting, the Commission shall elect a Chair, Vice Chair, Secretary,
164and Treasurer from the membership of the Commission (the “Officers.”) The Officers shall be
165members of the Commission’s Executive Committee (the “Executive Committee.”) The
166Commission shall also elect representatives from four (4) regional districts established by the
167Commission to serve on the Executive Committee. All Officers and Executive Committee
168representatives shall serve one (1)-year terms.
169 (f) Quorum for purposes of conducting business shall be a majority of Commissioners
170attending in person or virtually.
171 (g) The Commission shall provide notice of all meetings on its website and in other
172communications to Member State Dental Boards.
173 (h) A vote of two-thirds (2/3) of the Commissioners present shall be required for an
174executive session to discuss:
175 (1) Items specifically related to participation in a lawsuit or in anticipation of a legal
176proceeding;
177 (2) Matters specifically exempted from disclosure by federal statute;
178 (3) Information or matters involving law enforcement agencies or information that
179accuses a person of a crime or a public censure; 10 of 28
180 (4) Discussions that would include information of a personal nature that would constitute
181an unwarranted invasion of personal privacy;
182 (5) Anything considered internal practices and procedures or a trade secret;
183 (6) Other items described in the Commission Bylaws allowing for executive sessions to
184be called; or,
185 (7) Advice of Legal Counsel.
186 (i) The Commission shall keep minutes and make them available to all Member States.
187 (j) The Commission may establish other committees as needed.
188 (k) The Commission shall prepare an annual report that shall be made available to the
189legislatures and governors of the Member States. The annual report shall describe the activities
190of the Commission during the preceding calendar year. Such reports shall also include reports of
191the annual financial audit and any actions taken by or rules that were adopted by the
192Commission.
193 Section 4. Duties of Compact Member States
194 (a) Member States shall submit to the Clearinghouse all Member State Dental Board
195actions and other documents and data as determined by the Commission.
196 (b) Member States shall notify the Commission of any Adverse Action taken by the
197Member State Dental Board, any Active Investigation by the Member State Dental Board, any
198Active Investigation involving pending criminal charges, or other circumstance as determined by
199the Commission. 11 of 28
200 (c) Any Adverse Action, order, restriction or denial of a license or permit on a Licensee
201or Compact License Privilege holder shall be reported to the Clearinghouse by the Member State
202Dental Board.
203 (d) Member State Dental Boards may submit to the Clearinghouse nonpublic complaints,
204or disciplinary or investigatory information not required by Section 4(c). All investigatory
205material shall be considered confidential and not part of a public record unless otherwise
206specifically required by state statute.
207 (e) Members States shall accept continuing education credits as required or recognized by
208any other Member State.
209 (f) Documents in the Repository shall be treated by a Member State as the equivalent of a
210primary or original source document for licensure.
211 (g) Member States shall accept a standardized application for a Compact License
212Privilege. The standardized application shall be established by the rules enacted by the
213Commission.
214 (h) Member States may agree to share information regarding ongoing investigations and
215actions, including joint investigations between states. All investigatory material shall be
216considered confidential and not part of a public record unless otherwise specifically required by
217state statute.
218 (i) As part of the Compact enforcement, participating Member States may issue
219subpoenas and seek testimony of witnesses, which subpoenas shall be enforced in other Member 12 of 28
220States and enforced by a court of competent jurisdiction where the witnesses or evidence is
221located.
222 Section 5. Powers and Duties of the Commission
223 (a) The Commission shall have the duty and power to:
224 (1) Oversee and maintain the administration of the Compact, including the organizational
225needs, the financial activities, the hiring of personnel and ongoing activities or needs of the
226Commission;
227 (2) Promulgate Bylaws and rules to operate the Compact and the Commission;
228 (3) Establish a budget and make expenditures;
229 (4) Have an annual financial audit performed by an independent certified public
230accounting firm;
231 (5) Issue, upon the request of a Member State Dental Board, advisory opinions
232concerning the meaning or interpretation of the Compact and its Bylaws, rules, and actions;
233 (6) Enforce compliance with Compact provisions, the rules promulgated by the
234Commission, and the Bylaws, using all necessary and proper means, including but not limited to
235the use of judicial process;
236 (7) Hold an Annual Meeting for the Commission where the elections of the Executive
237Committee and other issues may be discussed and voted on;
238 (8) Establish personnel policies and programs relating to conflicts of interest, and the
239rates of compensation and qualifications of personnel; 13 of 28
240 (9) Accept donations and grants of money, equipment, supplies, materials and services,
241and to receive, utilize and dispose of them in a manner consistent with the conflict-of-interest
242policies established by the Commission;
243 (10) Report annually to the legislatures and governors of the Member State Dental
244Boards concerning the activities of the Commission during the preceding calendar year. Such
245reports shall also include reports of annual financial audits, all actions of the Commission, rules
246adopted by the Commission, and any recommendations by the Commission; and,
247 (11) Coordinate education, training and public awareness regarding the Compact, its
248implementation, and its operation.
249 (b) The Executive Committee shall have the power to act on behalf of the Commission,
250with the exception of rulemaking, during periods when the Commission is not in session. When
251acting on behalf of the Commission, the Executive Committee shall oversee the administration of
252the Compact, including enforcement of and compliance with the Compact.
253 (c) The officers and employees of the Commission shall be immune from suit and
254liability, either personally or in their official capacity, for a claim for damage to or loss of
255property or personal injury or other civil liability caused or arising out of, or relating to, an actual
256or alleged act, error or omission that occurred, or that such person had a reasonable basis for
257believing occurred, within the scope of Commission employment, duties or responsibilities;
258provided, that such person shall not be protected from suit or liability for damage, loss, injury or
259liability caused by the intentional or willful and wanton misconduct of such person.
260 (d) The liability of the executive director and employees of the Commission or
261representatives of the Commission, acting within the scope of such person's employment or 14 of 28
262duties for acts, errors or omissions occurring within such person's state may not exceed the limits
263of liability set forth under the constitution and laws of that state for state officials, employees and
264agents. The Commission shall be considered to be an instrumentality of the states for the
265purposes of any such action. Nothing in this subsection shall be construed to protect such person
266from suit or liability for damage, loss, injury or liability caused by the intentional or willful and
267wanton misconduct of such person.
268 (e) The Commission shall defend the Commission’s executive director, its employees,
269and, subject to the approval of the attorney general or other appropriate legal counsel of the
270Member State represented by an Commission representative, shall defend such Commission
271representative in any civil action seeking to impose liability arising out of an actual or alleged
272act, error or omission that occurred within the scope of Commission employment, duties or
273responsibilities, or that the defendant had a reasonable basis for believing occurred within the
274scope of Commission employment, duties or responsibilities, provided that the actual or alleged
275act, error or omission did not result from intentional or willful and wanton misconduct on the
276part of such person.
277 (f) To the extent not covered by the state involved, Member State, or the Commission, the
278representatives or employees of the Commission shall be held harmless by the Commission in
279the amount of a settlement or judgment, including attorney fees and costs, obtained against such
280persons arising out of an actual or alleged act, error or omission that occurred within the scope of
281Commission employment, duties or responsibilities, or that such persons had a reasonable basis
282for believing occurred within the scope of Commission employment, duties or responsibilities,
283provided that the actual or alleged act, error or omission did not result from intentional or willful
284and wanton misconduct on the part of such persons. 15 of 28
285 Section 6. Application, Eligibility, and Issuance of Compact License Privilege to a
286Member State
287 (a) A dentist or dental hygienist applying for Compact License Privileges shall meet the
288requirements of a Dentist as listed in Section (2)(r) of this Compact or a Dental Hygienist as
289listed in Section (2)(p) of this Compact and hold a current License in a Member State under this
290Compact.
291 (b) Each Dentist or Dental Hygienist shall designate a Home State of licensure. The
292Home State shall be determined by:
293 (1) The State of primary residence for the Dentist or Dental Hygienist, where twenty-five
294percent (25%) of their practice within one year occurs. An active-duty military member or their
295spouse may choose a Home State as designated with the military but are not required to meet the
296requirement of twenty-five percent (25%) practice being within their Home State; or,
297 (2) If no State qualifies under Section 6(b)(1), then the State that the Dentist or Dental
298Hygienist listed as their state of residence on the previous year’s federal tax return.
299 (c) A Dentist or Dental Hygienist may redesignate a Home State no more than one time
300in a calendar year if the qualifications of a Home State are met.
301 (d) A Dentist or Dental hygienist seeking a Compact License Privilege (the “Applicant”)
302shall apply to their Home State Dental Board for a letter stating that the Applicant is eligible for
303Compact License Privileges. 16 of 28
304 (e) The Home State Dental Board shall determine the eligibility of an application for a
305Compact License Privilege and shall issue a letter of approval or denial of the application for a
306Compact License Privilege.
307 (f) The letter from the Applicant’s Home State Dental Board approving the application
308shall be submitted to the Member State Dental Board for the Member State in which the
309Applicant proposes to practice, and shall include: (i) the Compact application packet; (ii)
310authorization to seek access to the Applicant’s Repository documents; (iii) any additional
311information that may be required by the proposed Compact License Privilege state; and (iv) any
312required fees. The Member State Dental Board shall review the application to confirm
313compliance with the Member State’s laws and regulations. Following such review, if the
314Member State Dental Board approves the application, it shall issue a Compact License Privilege
315from the proposed Member State to the Applicant.
316 (g) Appeals of a denial of a Compact License Privilege application shall be filed with the
317Member State Dental Board making such determination, and shall be filed within thirty (30)
318dates of the date of the denial.
319 (h) A Licensee holding a Compact License Privilege shall notify the Commission within
320ten (10) business days of any Adverse Action taken against a License held in a state that is not a
321Member State.
322 (i) A Compact License Privilege may be revoked, suspended or limited by the issuing
323Member State Dental Board if at any time the Licensee’s Home State license is revoked,
324suspended or limited. 17 of 28
325 (j) The Commission shall issue rules on the duration of a Compact License Privilege, the
326application and renewal process for a Compact License Privilege, and any application fees.
327 (k) Eligibility or ineligibility to receive a Compact License Privilege shall not limit the
328ability of a Licensee to seek a state license through the regular process outside of the Compact.
329 Section 7. Jurisdiction Over Compact License Privilege Holders
330 (a) Each Licensee holding a Compact License Privilege shall be subject to and comply
331with the laws and regulations of the Member State in which such Licensee practices under a
332Compact License Privilege.
333 (b) Each Licensee holding a Compact License Privilege shall be subject to the
334jurisdiction and authority of the Member State Dental Board of the state in which such Licensee
335practices, as if they held a license issued from such Member State Dental Board. Such Compact
336License Privilege holder shall be deemed a “Licensee” of the Member State Dental Board for
337purposes of such board taking an Adverse Action.
338 (c) Each Licensee holding a Compact License Privilege shall list a current address with
339the Commission that shall serve as their official address of service.
340 (d) A Licensee holding a Compact License Privilege may have an Adverse Action taken
341against them by:
342 (1) The Member State Dental Board of the Member State in which they are practicing
343with a Compact License Privilege;
344 (2) The Licensee’s Home State; or, 18 of 28
345 (3) The State Licensing Authority of a State that is not a Member State from which the
346Licensee holds a License.
347 (e) A Home State may take an Adverse Action against the holder of a Compact License
348Privilege, regardless of where the actions giving rise to the Adverse Action occurred.
349 (f) Any Member State in which the Compact Licensee holds a Compact License Privilege
350may investigate an allegation of a violation of the laws and rules of the practice of dentistry or
351dental hygiene in any other State where the Compact Licensee holds a Compact License
352Privilege.
353 Section 8. Fees and Military Waiver
354 (a) The Commission shall issue rules regarding the use of the Repository by each holder
355of a Compact License Privilege.
356 (b) A Member State Dental Board issuing a Compact License Privilege authorizing
357practice in its State may impose a fee for a Compact License Privilege, for ether initial issuance
358or any renewal.
359 (c) No Compact fee shall be required of any active-duty military member and/or their
360spouse up to one (1) year after separation from the service. Each Member State issuing a
361Compact License Privilege may waive fees for active-duty military and/or their spouse as
362required by each individual state statute.
363 (d) Active-duty military may transfer military training records to the Repository without a
364fee.
365 Section 9. Joint Investigations and Disciplinary Actions 19 of 28
366 (a) Each Member State shall name a point of contact for joint investigations between
367Member State Dental Boards.
368 (b) Member State Dental Boards may participate with other Member State Dental Boards
369in joint investigations of Licensees that are subject to this Compact.
370 (c) Member State Dental Boards may share investigative, litigation or other materials in
371furtherance of any joint or individual investigation of a Compact License Privilege holder.
372 (d) A subpoena issued by a Member State or Member State Dental Board shall be
373enforceable in other Member States as allowed by law.
374 (e) If a Compact License Privilege holder has an Adverse Action taken against them by
375any Member State Dental Board, the Compact License Privilege holder, Licensee shall
376automatically be subject to similar discipline by other Member State Dental Boards.
377 (f) If a Compact License Privilege holder has an Adverse Action taken against their
378Home State license, including being revoked, surrendered, or relinquished in lieu of discipline or
379suspended, then automatically all other Compact License Privileges shall be placed in the same
380status. The Home State Dental Board shall notify the Commission and the Commission shall
381issue a notice to all Member State Dental Boards of such Adverse Action.
382 (g) If discipline or an Adverse Action is taken against a Compact License Privilege
383holder in a Member State, the Member State Board shall notify the Commission and the Home
384State of the Compact License Privilege holder. The Home State may deem the action conclusive
385as a matter of law and fact and may: (i) impose the same or lesser sanction consistent with the 20 of 28
386Home State’s laws; or, (ii) pursue separate actions against the Compact License Privilege holder
387under its laws, regardless of the sanctions pursued by the Member State Dental Board.
388 Section 10. Other Requests for Information From the Repository and the Clearinghouse
389 (a) Insurance companies and entities verifying documents for the purpose of licenses
390extended to a Dentist or Dental Hygienist may seek information from the Clearinghouse for
391public record documents.
392 (b) A Dentist or Dental Hygienist may submit a request to the Commission to allow any
393hiring employer, entity, or insurance company to access documents from the Repository for the
394purposes of credentialing, licensing or other privileges.
395 (c) The Commission shall set a fee schedule for these services.
396 Section 11. Rulemaking Functions of the Commission
397 (a) The Commission shall promulgate reasonable rules in order to effectively and
398efficiently implement and achieve the purposes and administration of the Compact.
399Notwithstanding the foregoing, in the event the Commission exercises its rulemaking authority
400in a manner that is beyond the scope of the purposes of the Compact or the powers granted
401hereunder, then such an action by the Commission may be determined to be invalid and have no
402force or effect.
403 (b) Rules validly issued by the Commission shall have the force of law in each Member
404State. 21 of 28
405 (c) Rules deemed appropriate for the operations of the Commission shall be made
406pursuant to a rulemaking process that substantially conforms to the Model State Administrative
407Procedure Act of 2010, and subsequent amendments thereto.
408 Section 12. Oversight of the Compact
409 (a) The executive, legislative, and judicial branches of state government in each Member
410State shall enforce the Compact and shall take all actions necessary and appropriate to effectuate
411the Compact's purposes and intent to allow for expedited licensure for the purpose of mobility.
412The provisions of the Compact and the rules promulgated hereunder shall have standing as
413statutory law but shall not override existing state authority to regulate the practice of dentistry
414and dental hygiene.
415 (b) All courts may take judicial notice of the Compact and the rules in any judicial or
416administrative proceeding in a Member State pertaining to the subject matter of the Compact
417which may affect the powers, responsibilities or actions of the Commission.
418 (c) The Commission shall be entitled to receive all service of process in any such
419proceeding and shall have standing to intervene in the proceeding for all purposes. Except where
420the Commission has intervened, failure to provide service of process to the Commission shall
421render a judgment or order void as to the Commission, the Compact or promulgated rules.
422 Section 13. Enforcement and Default Procedures
423 (a) The Commission, in the reasonable exercise of its discretion, shall enforce the
424provisions and rules of the Compact. 22 of 28
425 (b) The grounds for default under this Compact by a Member State include, but are not
426limited to, failure of a Member State to perform such obligations or responsibilities imposed
427upon it by the Compact or by the rules and Bylaws of the Commission promulgated under the
428Compact.
429 (c) If the Commission determines that a Member State has defaulted in the performance
430of its obligations or responsibilities under the Compact, or the Bylaws or promulgated rules, the
431Commission shall: (i) provide written notice to the defaulting state and other Member States of
432the nature of the default, the means of curing the default, any action taken by the Commission,
433and the conditions by which the defaulting state must cure its default; and, (ii) provide remedial
434training and specific technical assistance regarding the default.
435 (d) If the defaulting state fails to cure the default, the defaulting state shall be terminated
436from the Compact upon an affirmative vote of a majority of the Commissioners and all rights,
437privileges and benefits conferred by the Compact shall terminate on the effective date of
438termination. A cure of the default does not relieve the offending state of obligations or liabilities
439incurred during the period of the default.
440 (e) Termination of membership in the Compact shall be imposed only after all other
441means of securing compliance have been exhausted. Notice of intent to terminate shall be given
442by the Commission to the Governor, the majority and minority leaders of the defaulting state's
443legislature and each of the Member States.
444 (f) The Commission shall establish rules and procedures to address licenses and Compact
445License Privilege holders that are materially impacted by the termination of a Member State or
446the withdrawal of a Member State. 23 of 28
447 (g) The Commission shall not bear any costs relating to any state that has been found to
448be in default or which has been terminated from the Compact, unless otherwise mutually agreed
449upon in writing between the Commission and the defaulting state.
450 (h) The defaulting state may appeal the action of the Commission by petitioning the state
451court where the Commission has its principal offices. The prevailing party shall be awarded all
452costs of such litigation, including reasonable attorneys’ fees.
453 (i) The Commission shall not bear any costs relating to any state that has been found to
454be in default or which has been terminated from the Compact, unless otherwise mutually agreed
455upon in writing between the Commission and the defaulting state.
456 (j) The remedies herein shall not be the exclusive remedies of the Commission. The
457Commission may avail itself of any other remedies available under state law or the regulation of
458a profession.
459 Section 14. Dispute Resolution
460 (a) The Commission shall attempt, upon the request of a Member State Dental Board, to
461resolve disputes which are subject to the Compact and which may arise among Member State
462Dental Boards.
463 (b) The Commission shall promulgate rules providing for both mediation and voluntary
464binding dispute resolution, as appropriate.
465 Section 15. Member States, Effective Date and Amendment
466 (a) Any state is eligible to become a Member State of the Compact. 24 of 28
467 (b) The Compact shall become effective and binding upon legislative enactment of the
468Compact into law by no less than five (5) states. Thereafter, it shall become effective and binding
469on a state upon enactment of the Compact into law by that State.
470 (c) The governors of non-member states, or their designees, shall be invited to participate
471in the activities of the Commission on a nonvoting basis prior to adoption of the Compact by all
472States.
473 (d) The Commission may propose amendments to the Compact for enactment by the
474Member States. No amendment shall become effective and binding upon the Commission and
475the Member States unless and until it is enacted into law by unanimous consent of the Member
476States.
477 Section 16. Withdrawal
478 (a) Once effective, the Compact shall continue in force and remain binding upon each
479and every Member State; provided, however, that a Member State may withdraw from the
480Compact after giving appropriate notice by specifically repealing the statute which enacted the
481Compact into law.
482 (b) The Licensee’s Compact License Privilege shall remain in effect for six (6) months
483from the date of the Member State Dental Board withdrawal.
484 (c) The withdrawing State shall immediately notify the chairperson of the Commission in
485writing upon the introduction of legislation repealing the Compact by the withdrawing State, and
486upon the enactment of such legislation. 25 of 28
487 (d) The Commission shall notify the other Member States within sixty (60) days of its
488receipt of notice provided under Section 16(c) of this section.
489 (e) Reinstatement following withdrawal of a Member State shall occur upon the
490withdrawing state reenacting the Compact or upon such later date as determined by the
491Commission.
492 (f) The Commission shall issue rules to address the impact of the withdrawal of a
493Member State on Licenses granted by other Member States to dentists and dental hygienists who
494designated the withdrawing Member State as their Home State.
495 Section 17. Dissolution
496 (a) The Compact shall dissolve effective upon the date of the withdrawal or default of the
497Member State which reduces the membership in the Compact to one (1) Member State.
498 (b) Upon the dissolution of the Compact, the Compact shall become null and void and
499shall be of no further force or effect, and the business and affairs of the Commission shall be
500concluded and surplus funds shall be distributed in accordance with the Bylaws.
501 Section 18. Severability and Construction
502 (a) The provisions of the Compact shall be severable, and if any phrase, clause, sentence
503or provision is deemed unenforceable, the remaining provisions of the Compact shall be
504enforceable.
505 (b) The provisions of the Compact shall be liberally construed to effectuate its purposes.
506 Section 19. Binding Effect of Compact and Other Laws 26 of 28
507 (a) Nothing herein prevents the enforcement of any other law of a Member State that is
508not inconsistent with the Compact.
509 (b) All lawful actions of the Commission, including all rules and Bylaws promulgated by
510the Commission, shall be binding upon the Member States.
511 (c) All agreements between the Commission and the Member States shall be binding in
512accordance with their terms.
513 (d) In the event any provision of the Compact exceeds the constitutional limits imposed
514on the legislature of any Member State, such provision shall be ineffective to the extent of the
515conflict with the constitutional provision in question in that Member State.
516 Section 20. Rules of Order
517 The most current edition of the American Institute of Parliamentarians Standard Code of
518Parliamentary Procedure shall all meetings of the Commission, including its committees, in those
519situations not otherwise covered in the Bylaws.
520 Section 21. The commonwealth, its officers and employees, and the board of registration
521in dentistry and its agents who act in accordance with the provisions of this chapter shall not be
522liable on account of any act or omission in good faith while engaged in the performance of their
523duties under this chapter. Good faith shall not include willful misconduct, gross negligence, or
524recklessness.
525 Section 22. As part of the licensure and background check process for a Compact License
526Privilege and to determine the suitability of an applicant for Compact License Privilege, the
527board of registration in dentisty, prior to issuing any Compact License Privilege, shall conduct a 27 of 28
528fingerprint-based check of the state and national criminal history databases, as authorized by 28
529CFR 20.33 and Public Law 92-544.
530 Fingerprints shall be submitted to the identification section of the department of state
531police for a state criminal history check and forwarded to the Federal Bureau of Investigation for
532a national criminal history check, according to the policies and procedures established by the
533state identification section and by the department of criminal justice information services.
534Fingerprint submissions may be retained by the Federal Bureau of Investigation, the state
535identification section and the department of criminal justice information services for requests
536submitted by the board of registration in dentistry as authorized under this section to ensure the
537continued suitability of these individuals for licensure. The department of criminal justice
538information services may disseminate the results of the state and national criminal background
539checks to the executive director of the board of registration in dentistry and authorized staff of
540the board.
541 All applicants shall pay a fee to be established by the secretary of administration and
542finance, in consultation with the secretary of public safety, to offset the costs of operating and
543administering a fingerprint-based criminal background check system. The secretary of
544administration and finance, in consultation with the secretary of public safety, may increase the
545fee accordingly if the Federal Bureau of Investigation increases its fingerprint background check
546service fee. Any fees collected from fingerprinting activity under this chapter shall be deposited
547into the Fingerprint-Based Background Check Trust Fund, established in section 2HHHH of 133
548chapter 29. 28 of 28
549 The board of registration in dentistry may receive all criminal offender record
550information and the results of checks of state and national criminal history databases under said
551Public Law 92-544. When the board of registration in dentistry obtains the results of checks of
552state and national criminal history databases, it shall treat the information according to sections
553167 to 178, inclusive, of chapter 6 and the regulations thereunder regarding criminal offender
554record information.
555 Notwithstanding subsections 9 and 9 1/2 of section 4 of chapter 151B, if the board of
556registration in dentistry receives criminal record information from the state or national
557fingerprint-based criminal background checks that includes no disposition or is otherwise
558incomplete, the agency head may request that an applicant for licensure provide additional
559information regarding the results of the criminal background checks to assist the agency head in
560determining the applicant’s suitability for licensure.
561 SECTION 2. Notwithstanding any general or special law to the contrary, the secretary of
562administration and finance, following a public hearing, shall increase the fee for obtaining or
563renewing a license, certificate. registration, permit or authority issued by a board within the
564department of public health, excluding the board of registration in medicine, as necessary to
565implement the provisions of the Interstate Dental and Dental Hygeine Licensure Compact. The
566amount of the increase in fees shall be deposited in the Quality in Health Professions Trust Fund
567established in section 35X of chapter 10.