EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0045*
HOUSE BILL 45
J2 5lr0892
(PRE–FILED) CF SB 21
By: Delegates Bagnall and Stein
Requested: September 19, 2024
Introduced and read first time: January 8, 2025
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
Dentist and Dental Hygienist Compact 2
FOR the purpose of entering into the Dentist and Dental Hygienist Compact; authorizing 3
a dentist or dental hygienist to practice in a participating state under certain scope 4
of practice rules; establishing the Dentist and Dental Hygienist Compact 5
Commission to oversee the Compact and its duties and powers; and generally 6
relating to the Dentist and Dental Hygienist Compact. 7
BY adding to 8
Article – Health Occupations 9
Section 4–3A–01 to be under the new subtitle “Subtitle 3A. Dentist and Dental 10
Hygienist Interstate Compact” 11
Annotated Code of Maryland 12
(2021 Replacement Volume and 2024 Supplement) 13
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
That the Laws of Maryland read as follows: 15
Article – Health Occupations 16
SUBTITLE 3A. DENTIST AND DENTAL HYGIENIST INTERSTATE COMPACT. 17
4–3A–01. 18
SECTION 1. TITLE AND PURPOSE. 19
THIS STATUTE SHALL BE KNOWN AND CITED AS T HE DENTIST AND DENTAL 20
HYGIENIST COMPACT. THE PURPOSES OF THIS COMPACT ARE TO FACILI TATE THE 21
INTERSTATE PRACTICE OF DENTISTRY AND DEN TAL HYGIENE AND IMPR OVE PUBLIC 22 2 HOUSE BILL 45
ACCESS TO DENTISTRY AND DENTAL HYGIENE S ERVICES BY PROVIDING DENTISTS 1
AND DENTAL HYGIENIST S LICENSED IN A PARTICIPAT ING STATE THE ABILIT Y TO 2
PRACTICE IN PARTICIP ATING STATES IN WHIC H THEY ARE NOT LICEN SED. THE 3
COMPACT DOES THIS BY ESTABLISHING A PATHW AY FOR DENTISTS AND DENTAL 4
HYGIENISTS LICENSED IN A PARTICIPATING S TATE TO OBTAIN A COM PACT 5
PRIVILEGE THAT AUTHORIZES THEM TO PRACTICE IN ANOTH ER PARTICIPATING 6
STATE IN WHICH THEY ARE NOT LICENSED . THE COMPACT ENABLES PARTI CIPATING 7
STATES TO PROTECT TH E PUBLIC HEALTH AND SAFETY WITH RESPECT TO THE 8
PRACTICE OF SUCH DEN TISTS AND DENTAL HYG IENISTS, THROUGH T HE STATE’S 9
AUTHORITY TO REGULAT E THE PRACTICE OF DE NTISTRY AND DENTAL H YGIENE IN 10
THE STATE. THE COMPACT: 11
(A) ENABLES DENTISTS AND DENTAL HYGIENISTS WH O QUALIFY FOR A 12
COMPACT PRIVILEGE TO PRACTICE IN OTHER PA RTICIPATING STATES W ITHOUT 13
SATISFYING BURDENSO ME AND DUPLICATIVE R EQUIREMENTS ASSOCIAT ED WITH 14
SECURING A LICENSE T O PRACTICE IN THOSE STATES; 15
(B) PROMOTES MOBILITY AND ADDRESSES WORKFORCE SHORTAGES 16
THROUGH EACH PARTICI PATING STATE’S ACCEPTANCE OF A CO MPACT PRIVILEGE 17
TO PRACTICE IN THAT STATE; 18
(C) INCREASES PUBLIC ACCE SS TO QUALIFIED , LICENSED DENTISTS AN D 19
DENTAL HYGIENISTS BY CREATING A RESPONSIB LE, STREAMLINED PATHWAY FOR 20
LICENSEES TO PRACTIC E IN PARTICIPATING S TATES; 21
(D) ENHANCES THE ABILITY OF PARTICIPATING STA TES TO PROTECT THE 22
PUBLIC’S HEALTH AND SAFETY ; 23
(E) DOES NOT INTERFERE WI TH LICENSURE REQUIRE MENTS ESTABLISHED 24
BY A PARTICIPATING S TATE; 25
(F) FACILITATES THE SHARI NG OF LICENSURE AND DISCIPLINARY 26
INFORMATION AMON G PARTICIPATING STAT ES; 27
(G) REQUIRES DENTISTS AND DENTAL HYGIENISTS WH O PRACTICE IN A 28
PARTICIPATING STATE PURSUANT TO A COMPAC T PRIVILEGE TO PRACT ICE WITHIN 29
THE SCOPE OF PRACTIC E AUTHORIZED IN THAT STATE; 30
(H) EXTENDS THE AUTHORITY OF A PARTICIPATIN G STATE TO REGULATE 31
THE PRACTICE OF DENT ISTRY AND DENTAL HYG IENE WITHIN ITS BORD ERS TO 32
DENTISTS AND DENTAL HYGIENISTS WHO PRACT ICE IN THE STATE THR OUGH A 33
COMPACT PRIVILEGE ; 34
HOUSE BILL 45 3
(I) PROMOTES THE COOPERAT ION OF PARTICIPATING STATES IN 1
REGULATING THE PRACT ICE OF DENTISTRY AND DEN TAL HYGIENE WITHIN T HOSE 2
STATES; AND 3
(J) FACILITATES THE RELOC ATION OF MILITARY ME MBERS AND THEIR 4
SPOUSES WHO ARE LICE NSED TO PRACTICE DEN TISTRY OR DENTAL HYG IENE. 5
SECTION 2. DEFINITIONS. 6
AS USED IN THIS COMPACT, UNLESS THE CONTEX T REQUIRES OTHERWISE , 7
THE FOLLOWING DEFINI TIONS SHALL APPLY : 8
(A) “ACTIVE MILITARY MEMBE R” MEANS ANY PERSON WIT H FULL–TIME 9
DUTY STATUS IN THE A RMED FORCES OF THE UNITED STATES INCLUDING MEMB ERS 10
OF THE NATIONAL GUARD AND RESERVE. 11
(B) “ADVERSE ACTION ” MEANS DISCIPLINARY AC TION OR ENCUMBRANCES 12
IMPOSED ON A LICENSE OR COMPACT PRIVILEGE BY A STATE LICENSING 13
AUTHORITY. 14
(C) “ALTERNATIVE PROGRAM ” MEANS A NONDISCIPLIN ARY MONITORING 15
OR PRACTICE REMEDIAT ION PROCESS APPLICAB LE TO A DENTIST OR D ENTAL 16
HYGIENIST A PPROVED BY A STATE L ICENSING AUTHORITY O F A PARTICIPATING 17
STATE IN WHICH THE D ENTIST OR DENTAL HYG IENIST IS LICENSED. THIS INCLUDES, 18
BUT IS NOT LIMITED T O, PROGRAMS TO WHICH LI CENSEES WITH SUBSTAN CE ABUSE 19
OR ADDICTION ISSUES ARE REFERRED IN LIEU OF ADVERSE ACTION. 20
(D) “CLINICAL ASSESSMENT ” MEANS AN EXAMINATION OR PROCESS , 21
REQUIRED FOR LICENSU RE AS A DENTIST OR D ENTAL HYGIENIST AS A PPLICABLE, 22
THAT PROVIDES EVIDEN CE OF CLINICAL COMPE TENCE IN DENTISTRY O R DENTAL 23
HYGIENE. 24
(E) “COMMISSIONER ” MEANS THE INDIVIDUAL APPOINTED BY A 25
PARTICIPATING STATE TO SERVE AS THE MEMB ER OF THE COMMISSION FOR THAT 26
PARTICIPATING STATE . 27
(F) “COMPACT” MEANS THIS DENTIST AND DENTAL HYGIENIST COMPACT. 28
(G) “COMPACT PRIVILEGE ” MEANS THE AUTHORIZAT ION GRANTED BY T HE 29
REMOTE STATE TO ALLO W A LICENSEE FROM A PARTICIPATING STATE TO PRACTICE 30
AS A DENTIST OR DENT AL HYGIENIST IN A RE MOTE STATE. 31
4 HOUSE BILL 45
(H) “CONTINUING PROFESSION AL DEVELOPMENT ” MEANS A REQUIREMENT 1
AS A CONDITION OF LI CENSE RENEWAL TO PRO VIDE EVIDENCE OF SUC CESSFUL 2
PARTICIPATION IN EDU CATIONAL OR PROFESSI ONAL ACTIVITIES RELE VANT TO 3
PRACTICE OR AREA OF WORK. 4
(I) “CRIMINAL BACKGROUND C HECK” MEANS THE SUBMISSION OF 5
FINGERPRINTS OR OTHE R BIOMETRIC –BASED INFORMATION FO R A LICENSE 6
APPLICANT FOR THE PU RPOSE OF OBTAIN ING THAT APPLICANT ’S CRIMINAL 7
HISTORY RECORD INFOR MATION AS DEFINED IN 28 C.F.R. § 20.3(D) FROM THE 8
FEDERAL BUREAU OF INVESTIGATION AND THE STATE’S CRIMINAL HISTORY 9
RECORD REPOSITORY AS DEFINED IN 28 C.F.R. § 20.3(F). 10
(J) “DATA SYSTEM ” MEANS THE COMMISSION’S REPOSITORY OF 11
INFORMATION ABOUT LI CENSEES, INCLUDING BUT NOT LI MITED TO EXAMINATION , 12
LICENSURE, INVESTIGATIVE, COMPACT PRIVILEGE , ADVERSE ACTION , AND 13
ALTERNATIVE PROGRAM . 14
(K) “DENTAL HYGIENIST ” MEANS AN INDIVIDUAL WHO IS LICENSED BY A 15
STATE LICENS ING AUTHORITY TO PRA CTICE DENTAL HYGIENE . 16
(L) “DENTIST” MEANS AN INDIVIDUAL WHO IS LICENSED BY A STATE 17
LICENSING AUTHORITY TO PRACTICE DENTISTR Y. 18
(M) “DENTIST AND DENTAL HYGIENIST COMPACT COMMISSION” OR 19
“COMMISSION” MEANS A JOINT GOVERN MENT AGENCY ES TABLISHED BY THIS 20
COMPACT COMPOSED OF E ACH STATE THAT HAS E NACTED THE COMPACT AND A 21
NATIONAL ADMINISTRAT IVE BODY COMPOSED OF A COMMISSIONER FROM EACH 22
STATE THAT HAS ENACT ED THE COMPACT. 23
(N) “ENCUMBERED LICENSE ” MEANS A LICENSE THAT A STATE LICENSING 24
AUTHORITY HAS LIMITED I N ANY WAY OTHER THAN THROUGH AN ALTERNATI VE 25
PROGRAM. 26
(O) “EXECUTIVE BOARD” MEANS THE CHAIR, VICE CHAIR, SECRETARY, 27
AND TREASURER AND ANY OTH ER COMMISSIONERS AS MAY BE DETERMINED BY 28
COMMISSION RULE OR BY LAW. 29
(P) “JURISPRUDENCE REQU IREMENT” MEANS THE ASSESSMENT OF AN 30
INDIVIDUAL’S KNOWLEDGE OF THE L AWS AND RULES GOVERN ING THE PRACTICE OF 31
DENTISTRY OR DENTAL HYGIENE, AS APPLICABLE, IN A STATE. 32
HOUSE BILL 45 5
(Q) “LICENSE” MEANS CURRENT AUTHOR IZATION BY A STATE, OTHER THAN 1
AUTHORIZATION PURSUA NT TO A COMPACT PRIV ILEGE, OR OTHER PRIVILEGE , FOR 2
AN INDIVIDUAL TO PRA CTICE AS A DENTIST O R DENTAL HYGIENIST I N THAT STATE. 3
(R) “LICENSEE” MEANS AN INDIVIDUAL WHO HOLDS AN UNRESTR ICTED 4
LICENSE FROM A PARTI CIPATING STATE TO PR ACTICE AS A DENTIST OR DENTAL 5
HYGIENIST IN THAT ST ATE. 6
(S) “MODEL COMPACT” MEANS THE MODEL FOR THE DENTIST AND 7
DENTAL HYGIENIST COMPACT ON FILE WITH THE COUNCIL OF STATE 8
GOVERNMENTS OR OTHER ENTITY AS DESIGNATED BY THE COMMISSION. 9
(T) “PARTICIPATING STATE ” MEANS A STATE THAT H AS ENACTED THE 10
COMPACT AND BEEN ADMI TTED TO THE COMMISSION IN ACCORDA NCE WITH THE 11
PROVISIONS HEREIN AN D COMMISSION RULES . 12
(U) “QUALIFYING LI CENSE” MEANS A LICENSE THAT IS NOT AN 13
ENCUMBERED LICENSE I SSUED BY A PARTICIPA TING STATE TO PRACTI CE 14
DENTISTRY OR DENTAL HYGIENE. 15
(V) “REMOTE STATE ” MEANS A PARTICIPATIN G STATE WHERE A LICE NSEE 16
WHO IS NOT LICENSED AS A DENTIST OR DENT AL HYGIENIST IS EXE RCISING OR 17
SEEKING TO EXERCISE THE COMPACT PRIVILEG E. 18
(W) “RULE” MEANS A REGULATION P ROMULGATED BY AN ENT ITY THAT HAS 19
THE FORCE OF LAW . 20
(X) “SCOPE OF PRACTICE ” MEANS THE PROCEDURES , ACTIONS, AND 21
PROCESSES A DENTIST OR DENTAL HYGIENIST LICENSED IN A STATE IS PERMITTED 22
TO UNDERTAKE IN THAT STATE AND THE CIRCUM STANCES UNDER WHICH THE 23
LICENSEE IS PERMITTE D TO UNDERTAKE THOSE PROCEDURES , ACTIONS, AND 24
PROCESSES. SUCH PROCEDURES , ACTIONS, AND PROCESSES AND TH E 25
CIRCUMSTANCES UNDER WHICH THEY MAY BE UN DERTAKEN MAY BE ESTABLISHED 26
THROUGH MEANS , INCLUDING BUT NOT LI MITED TO STATUTE , REGULATIONS , CASE 27
LAW, AND OTHER PROCESSES AVAILABLE TO THE STA TE LICENSING AUTHORI TY OR 28
OTHER GOVERNMENT AGE NCY. 29
(Y) “SIGNIFICANT INVESTIGA TIVE INFORMATION ” MEANS INFORMATION , 30
RECORDS, AND DOCUMENTS RECEIV ED OR GENERATED BY A STATE LICENSING 31
AUTHORITY PURSUANT T O AN INVESTIGATION F OR WHICH A DETERMINA TION HAS 32
BEEN MADE THAT THERE IS PROBABLE CAUSE TO BELIEVE THAT THE LIC ENSEE HAS 33
VIOLATED A STATUTE O R REGULATION THAT IS CONSIDERED M ORE THAN A MINOR 34 6 HOUSE BILL 45
INFRACTION FOR WHICH THE STATE LICENSING AUTHORITY COULD PURS UE 1
ADVERSE ACTION AGAIN ST THE LICENSEE . 2
(Z) “STATE” MEANS ANY STATE , COMMONWEALTH , DISTRICT, OR 3
TERRITORY OF THE UNITED STATES OF AMERICA THAT REGULATE S THE PRACTICES 4
OF DENTISTRY AND DENTAL HYGI ENE. 5
(AA) “STATE LICENSING AUTHO RITY” MEANS AN AGENCY OR O THER ENTITY 6
OF A STATE THAT IS R ESPONSIBLE FOR THE L ICENSING AND REGULAT ION OF 7
DENTISTS OR DENTAL H YGIENISTS. 8
SECTION 3. STATE PARTICIPATION IN THE COMPACT. 9
(A) IN ORDER T O JOIN THE COMPACT AND THEREAFTE R CONTINUE AS A 10
PARTICIPATING STATE , A STATE MUST: 11
(1) ENACT A COMPACT THAT IS NOT MATERIALLY DI FFERENT FROM 12
THE MODEL COMPACT AS DETERMINED IN ACCORDANCE WITH COMMISSION RULES ; 13
(2) PARTICIPATE FULLY IN THE COMMISSION’S DATA SYSTEM; 14
(3) HAVE A MECHANISM IN P LACE FOR RECEIVING A ND 15
INVESTIGATING COMPLA INTS ABOUT ITS LICEN SEES AND LICENSE APP LICANTS; 16
(4) NOTIFY THE COMMISSION, IN COMPLIANCE WITH T HE TERMS OF 17
THE COMPACT AND COMMISSION RULES , OF ANY ADVERSE ACTIO N OR THE 18
AVAILABILITY OF SIGN IFICANT INVESTIGATIV E INFORMATION REGARD ING A 19
LICENSEE AND LICENSE APPLICANT; 20
(5) FULLY IMPLEMENT A CRI MINAL BACKGROUND CHE CK 21
REQUIREMENT , WITHIN A TIME FRAME ESTABLISHED BY COMMISSION RULE , BY 22
RECEIVING THE RESULT S OF A QUALIFYING CR IMINAL BACKGROUND CH ECK; 23
(6) COMPLY WITH THE COMMISSION RULES APPL ICABLE TO A 24
PARTICIPATING STATE ; 25
(7) ACCEPT THE NATIONAL BOARD EXAMINATIONS OF THE JOINT 26
COMMISSION ON NATIONAL DENTAL EXAMINATIONS OR ANOT HER EXAMINATION 27
ACCEPTED BY COMMISSION RULE AS A LICENSURE EXAMINATIO N; 28
(8) ACCEPT FOR LICENSURE THAT APPLICANTS FOR A DENTIST 29
LICENSE GRADUATE FRO M A PREDOCTORAL DENT AL EDUCATION PROGRAM 30
ACCREDITED BY THE COMMISSION ON DENTAL ACCREDITATION OR ANOT HER 31 HOUSE BILL 45 7
ACCREDITING AGENCY R ECOGNIZED BY THE UNITED STATES DEPARTMENT OF 1
EDUCATION FOR THE ACC REDITATION OF DENTIS TRY AND DENTAL HYGIE NE 2
EDUCATION PROGRAMS , LEADING TO THE DOCTOR OF DENTAL SURGERY (D.D.S.) 3
OR DOCTOR OF DENTAL MEDICINE (D.M.D.) DEGREE; 4
(9) ACCEPT FOR LICENSURE THA T APPLICANTS FOR A D ENTAL 5
HYGIENIST LICENSE GR ADUATE FROM A DENTAL HYGIENE EDUCATION PR OGRAM 6
ACCREDITED BY THE COMMISSION ON DENTAL ACCREDITATION OR ANOT HER 7
ACCREDITING AGENCY R ECOGNIZED BY THE UNITED STATES DEPARTMENT OF 8
EDUCATION FOR THE ACCREDITATION OF DENTISTRY AND DENTAL HYGIENE 9
PROGRAMS; 10
(10) REQUIRE FOR LICENSURE THAT APPLICANTS SUCC ESSFULLY 11
COMPLETE A CLINICAL ASSESSMENT; 12
(11) HAVE CONTINUING PROFE SSIONAL DEVELOPMENT 13
REQUIREMENTS AS A CO NDITION FOR LICENSE RENEWAL; AND 14
(12) PAY A PARTICIPATION F EE TO THE COMMISSION AS ESTABLI SHED 15
BY COMMISSION RULE . 16
(B) PROVIDING ALTERNATIVE PATHWAYS FOR AN INDI VIDUAL TO OBTAIN 17
AN UNRESTRICTED LICE NSE DOES NOT DISQUAL IFY A STATE FROM PAR TICIPATING 18
IN THE COMPACT. 19
(C) WHEN CONDUCTING A CRI MINAL BACKGROUND CHE CK, THE STATE 20
LICENSING AUTHORITY SHALL: 21
(1) CONSIDER THAT INFORMA TION IN MAKING A LIC ENSURE 22
DECISION; 23
(2) MAINTAIN DOCUMENTATIO N OF COMPLETION OF T HE CRIMINAL 24
BACKGROUND CHECK AND BACKGROUND CHECK INF ORMATION TO THE EXTE NT 25
ALLOWED BY STATE AND FEDERAL LAW ; AND 26
(3) REPORT TO THE COMMISSION WHETHER IT HAS COMPLETED THE 27
CRIMINAL BACKGROUND CHECK AND WHETHER T HE INDIVIDUAL WAS GR ANTED OR 28
DENIED A LICENSE . 29
(D) A LICENSEE OF A PARTIC IPATING STATE WHO HA S A QUALIFYING 30
LICENSE IN THAT STAT E AND DOES NOT HOLD AN ENCUMBERED LICENS E IN ANY 31
OTHER PARTICIPATING STATE SHALL BE ISSUE D A COMPACT PRIVILEG E IN A 32
REMOTE ST ATE IN ACCORDANCE WI TH THE TERMS OF THE COMPACT AND 33 8 HOUSE BILL 45
COMMISSION RULES . IF A REMOTE STATE HAS A JURISPRUDENCE REQU IREMENT A 1
COMPACT PRIVILEGE WI LL NOT BE ISSUED TO THE LICENSEE UNLESS THE LICENSEE 2
HAS SATISFIED THE JU RISPRUDENCE REQUIREM ENT. 3
SECTION 4. COMPACT PRIVILEGE. 4
(A) TO OBTAIN AND EXERCIS E THE COMPACT PRIVIL EGE UNDER THE TERMS 5
AND PROVISIONS OF TH E COMPACT, THE LICENSEE SHALL : 6
(1) HAVE A QUALIFYING LIC ENSE AS A DENTIST OR DENTAL 7
HYGIENIST IN A PARTI CIPATING STATE; 8
(2) BE ELIGIBLE FOR A COM PACT PRIVILEGE IN AN Y REMOTE STATE 9
IN ACCORDANCE WITH S UBSECTIONS (D), (G), AND (H) OF THIS SECTION; 10
(3) SUBMIT TO AN APPLICAT ION PROCESS WHENEVER THE LICENSEE 11
IS SEEKING THE COMPA CT PRIVILEGE WITHIN A REMOTE STATE ; 12
(4) PAY ANY APPLICABLE COMMISSION AND REMOTE STATE F EES 13
FOR A COMPACT PRIVIL EGE IN THE REMOTE ST ATE; 14
(5) MEET ANY JURISPRUDENC E REQUIREMENT ESTABL ISHED BY A 15
REMOTE STATE IN WHIC H THE LICENSEE IS SE EKING A COMPACT PRIV ILEGE; 16
(6) HAVE PASSED A NATIONAL BOARD EXAMINATION OF THE JOINT 17
COMMISSION ON NATIONAL DENTAL EXAMINATIONS OR ANOTH ER EXAMINATION 18
ACCEPTED BY COMMISSION RULE ; 19
(7) FOR A DENTIST , HAVE GRADUATED FROM A PREDOCTORAL 20
DENTAL EDUCATION PRO GRAM ACCREDITED BY T HE COMMISSION ON DENTAL 21
ACCREDITATION OR ANOT HER ACCREDITING A GENCY RECOGNIZED BY THE UNITED 22
STATES DEPARTMENT OF EDUCATION FOR THE ACC REDITATION OF DENTIS TRY 23
AND DENTAL HYGIENE E DUCATION PROGRAMS , LEADING TO THE DOCTOR OF 24
DENTAL SURGERY (D.D.S.) OR DOCTOR OF DENTAL MEDICINE (D.M.D.) DEGREE; 25
(8) FOR A DENTAL HYGI ENIST, HAVE GRADUATED FROM A DENTAL 26
HYGIENE EDUCATION PR OGRAM ACCREDITED BY THE COMMISSION ON DENTAL 27
ACCREDITATION OR ANOT HER ACCREDITING AGEN CY RECOGNIZED BY THE UNITED 28
STATES DEPARTMENT OF EDUCATION FOR THE ACC REDITATION OF DENTIS TRY 29
AND DENTAL HYGIENE E DUCATION PROGRAMS ; 30
(9) HAVE SUCCESSFULLY COM PLETED A CLINICAL AS SESSMENT FOR 31
LICENSURE; 32 HOUSE BILL 45 9
(10) REPORT TO THE COMMISSION ADVERSE AC TION TAKEN BY ANY 1
NONPARTICIPATING STA TE WHEN APPLYING FOR A COMPACT PRIVILEGE AND 2
OTHERWISE WITHIN THI RTY (30) DAYS FROM THE DATE T HE ADVERSE ACTION IS 3
TAKEN; 4
(11) REPORT TO THE COMMISSION WHEN APPLY ING FOR A COMPACT 5
PRIVILEGE THE ADDRES S OF THE LICENSEE ’S PRIMARY RESIDENCE AND 6
THEREAFTER IMMEDIATE LY REPORT TO THE COMMISSION ANY CHANGE IN THE 7
ADDRESS OF THE LICEN SEE’S PRIMARY RESIDENCE ; AND 8
(12) CONSENT TO ACCEPT SER VICE OF PROCESS BY M AIL AT THE 9
LICENSEE’S PRIMAR Y RESIDENCE ON RECOR D WITH THE COMMISSION WITH 10
RESPECT TO ANY ACTIO N BROUGHT AGAINST TH E LICENSEE BY THE COMMISSION 11
OR A PARTICIPATING S TATE, AND CONSENT TO ACCEP T SERVICE OF A SUBPO ENA BY 12
MAIL AT THE LICENSEE ’S PRIMARY RESIDENCE ON RECORD WITH THE COMMISSION 13
WITH RESPECT TO ANY ACTION BROUGHT OR IN VESTIGATION CONDUCTE D BY THE 14
COMMISSION OR A PARTI CIPATING STATE. 15
(B) THE LICENSEE MUST COM PLY WITH THE REQUIRE MENTS OF 16
SUBSECTION (A) OF THIS SECTION TO M AINTAIN THE COMPACT PRIVILEGE IN THE 17
REMOTE STATE . IF THOSE REQUIREMENTS A RE MET, THE COMPACT PRIVILEG E WILL 18
CONTINUE AS LONG AS THE LICENSEE MAINTAI NS A QUALIFYING LICE NSE IN THE 19
STATE THROUGH WHICH THE LICENSEE APPLIED FOR THE COMPACT PRIV ILEGE AND 20
PAYS ANY APPLICABLE COMPACT PRIVILEGE RE NEWAL FEES. 21
(C) A LICENSEE PROVIDING D ENTISTRY OR DENTAL H YGIENE IN A REMOTE 22
STATE UNDER THE COMP ACT PRIVILEGE SHALL FUNCTION WITHIN THE SCOPE OF 23
PRACTICE AUTHORIZED BY THE REMOTE STATE FOR A DENTIST OR DEN TAL 24
HYGIENIST LICENSED I N THAT STATE. 25
(D) A LICENSEE PROVIDING DENTISTRY OR DENTAL HYGIENE PURSUANT TO 26
A COMPACT PRIVILEGE IN A REMOTE STATE IS SUBJECT TO THAT STAT E’S 27
REGULATORY AUTHORITY . A REMOTE STATE MAY , IN ACCORDANCE WITH D UE 28
PROCESS AND THAT STA TE’S LAWS, BY ADVERSE ACTION , REVOKE OR REMOVE A 29
LICENSEE’S COMPACT PRIVILEGE IN THE REMOTE STATE FOR A S PECIFIC PERIOD 30
OF TIME AND IMPOSE F INES OR TAKE ANY OTH ER NECESSARY ACTIONS TO PROTECT 31
THE HEALTH AND SAFET Y OF ITS CITIZENS . IF A REMOTE STATE IMP OSES AN 32
ADVERSE ACTION AGAIN ST A COMPACT PRIVILE GE THAT LIMITS THE C OMPACT 33
PRIVILEGE, THAT ADVERSE ACTION APPLIES TO ALL COMPA CT PRIVILEGES IN ALL 34
REMOTE STATES . A LICENSEE WHOSE COMPA CT PRIVILEGE IN A RE MOTE STATE IS 35
REMOVED FOR A SPECIF IED PERIOD OF TIME I S NOT ELIGIBLE FOR A COMPACT 36
PRIVILEGE IN ANY OTH ER REMOTE STATE UN TIL THE SPECIFIC TIM E FOR REMOVAL 37 10 HOUSE BILL 45
OF THE COMPACT PRIVI LEGE HAS PASSED AND ALL ENCUMBRANCE REQU IREMENTS 1
ARE SATISFIED. 2
(E) IF A LICENSE IN A PAR TICIPATING STATE IS AN ENCUMBERED LICENS E, 3
THE LICENSEE SHALL L OSE THE COMPACT PRIV ILEGE IN A REMOTE ST ATE AND 4
SHALL NOT BE ELIGIBL E FOR A COMPACT PRIV ILEGE IN ANY REMOTE STATE UNTIL 5
THE LICENSE IS NO LO NGER ENCUMBERED . 6
(F) ONCE AN ENCUMBERED LI CENSE IN A PARTICIPA TING STATE IS 7
RESTORED TO GOOD STA NDING, THE LICENSEE MUST ME ET THE REQUIREMENTS OF 8
SUBSECTION (A) OF THIS SECTION TO O BTAIN A COMPACT PRIV ILEGE IN A REMOTE 9
STATE. 10
(G) IF A LICENSEE’S COMPACT PRIVILEGE IN A REMOTE STATE IS REMOVED 11
BY THE REMOTE STATE , THE INDIVIDUAL SHALL LOSE OR BE INELIGIBL E FOR THE 12
COMPACT PRIVILEGE IN ANY REMOTE STATE UNT IL THE FOLLOWING OCCUR : 13
(1) THE SPECIFIC PERIOD O F TIME FOR WHICH THE COMPACT 14
PRIVILEGE WAS REMOVE D HAS ENDED; AND 15
(2) ALL CONDITIONS FOR RE MOVAL OF THE COMPACT PRIVILEGE 16
HAVE BEEN SATISFIED . 17
(H) ONCE THE REQUIREMENTS OF SUBSECTION (G) OF THIS SECTION H AVE 18
BEEN MET, THE LICENSEE MUST ME ET THE REQUIREMENTS IN SUBSECTION (A) OF 19
THIS SECTION TO OBTA IN A COMPACT PRIVILE GE IN A REMOTE STATE . 20
SECTION 5. ACTIVE MILITARY MEMBER PERSONNEL OR THEIR 21
SPOUSES. 22
AN ACTIVE MILITARY ME MBER AND THEIR SPOUS E SHALL NOT BE REQUI RED 23
TO PAY TO THE COMMISSION FOR A COMP ACT PRIVILEGE THE FE E OTHERWISE 24
CHARGED BY THE COMMISSION. IF A REMOTE STATE CHO OSES TO CHARGE A FEE 25
FOR A COMPACT PRIVIL EGE, IT MAY CHOOSE TO CHA RGE A REDUCED FEE OR NO FEE 26
TO AN ACTIVE MILITAR Y MEMBER AND THEIR S POUSE FOR A COMPACT PRIVILEGE. 27
SECTION 6. ADVERSE ACTIONS. 28
(A) A PARTICIPATING STATE IN WHICH A LICENSEE IS LICENSED SHALL 29
HAVE EXCLUSIVE AUTHO RITY TO IMPOSE ADVER SE ACTION AGAINST TH E 30
QUALIFYING LICENSE ISSUED BY THAT PARTICIPATING S TATE. 31
HOUSE BILL 45 11
(B) A PARTICIPATING STATE MAY TAKE ADVERSE ACT ION BASED ON THE 1
SIGNIFICANT INVESTIG ATIVE INFORMATION OF A REMOTE STATE , SO LONG AS THE 2
PARTICIPATING STATE FOLLOWS ITS OWN PROC EDURES FOR IMPOSING ADVERSE 3
ACTION. 4
(C) NOTHING IN THIS COMPACT SHALL OVERRID E A PARTICIPATING 5
STATE’S DECISION THAT PART ICIPATION IN AN ALTE RNATIVE PROGRAM MAY BE 6
USED IN LIEU OF ADVE RSE ACTION AND THAT SUCH PARTICIPATION S HALL REMAIN 7
NONPUBLIC IF REQUIRE D BY THE PARTICIPATI NG STATE’S LAWS. PARTICIPATING 8
STATES MUST REQUIRE LICENSEES WHO ENTER ANY ALTERNATIVE PROG RAM IN 9
LIEU OF DISCIPLINE T O AGREE NOT TO PRACT ICE PURSUANT TO A CO MPACT 10
PRIVILEGE IN ANY OTH ER PARTICIPATING STA TE DURING THE TERM O F THE 11
ALTERNATIVE PROGRAM WITHOUT PRIOR AUTHOR IZATION FROM SUCH OTHER 12
PARTICIPATING STATE . 13
(D) ANY PARTICIPATING STA TE IN WHICH A LICENS EE IS APPLYING TO 14
PRACTICE OR IS PRACT ICING PURSUANT TO A COMPACT PRIVILEGE MA Y 15
INVESTIGATE ACTUAL O R ALLEGED VIOLATIONS OF THE STATUTES AND 16
REGULATIONS AUTHORIZ ING THE PRACTICE OF DENTISTR Y OR DENTAL HYGIENE IN 17
ANY OTHER PARTICIPAT ING STATE IN WHICH T HE DENTIST OR DENTAL HYGIENIST 18
HOLDS A LICENSE OR C OMPACT PRIVILEGE . 19
(E) A REMOTE STATE SHALL H AVE THE AUTHORITY TO : 20
(1) TAKE ADVERSE ACTIONS AS SET FORTH IN SECTION 4(D) OF THIS 21
COMPACT AGAINST A LIC ENSEE’S COMPACT PRIVILEGE IN THE STATE; 22
(2) IN FURTHERANCE OF ITS RIGHTS AND RESPONSIB ILITIES UNDER 23
THE COMPACT AND THE COMMISSION’S RULES, ISSUE SUBPOENAS FOR BOTH 24
HEARINGS AND INVESTI GATIONS THAT REQUIRE THE ATTENDANCE AND TESTIMONY 25
OF WITNESSES AND THE PRODUCTION OF EVIDEN CE. SUBPOENAS ISSUED BY A 26
STATE LICENSING AUTH ORITY IN A PARTICIPA TING STATE FOR THE A TTENDANCE 27
AND TESTIMONY OF WIT NESSES, OR THE PRODUCTION OF EVIDENCE FROM 28
ANOTHER PARTICIPATIN G STATE, SHALL BE ENFO RCED IN THE LATTER S TATE BY 29
ANY COURT OF COMPETE NT JURISDICTION , ACCORDING TO THE PRA CTICE AND 30
PROCEDURE OF THAT CO URT APPLICABLE TO SU BPOENAS ISSUED IN PR OCEEDINGS 31
PENDING BEFORE IT . THE ISSUING AUTHORITY SHALL PAY ANY WITNES S FEES, 32
TRAVEL EXPENSES , MILEAGE, AND OTHER FEES REQUI RED BY THE SERVICE 33
STATUTES OF THE STAT E WHERE THE WITNESSE S OR EVIDENCE IS LOC ATED; AND 34
(3) IF OTHERWISE PERMITTE D BY STATE LAW , RECOVER FROM THE 35
LICENSEE THE COSTS O F INVESTIGATIONS AND DISPOSITION OF CASES RESULTING 36
FROM ANY ADVERSE ACTION TAKEN AGAINST THAT LICENSE E. 37 12 HOUSE BILL 45
(F) (1) IN ADDITION TO THE AU THORITY GRANTED TO A PARTICIPATING 1
STATE BY ITS DENTIST OR DENTAL HYGIENIST LICENSURE ACT OR OTH ER 2
APPLICABLE STATE LAW , A PARTICIPATING STAT E MAY JOINTLY INVEST IGATE 3
LICENSEES WITH OTHER PARTICIPATING STATES. 4
(2) PARTICIPATING STATES SHALL SHARE ANY SIGN IFICANT 5
INVESTIGATIVE INFORM ATION, LITIGATION, OR COMPLIANCE MATERI ALS IN 6
FURTHERANCE OF ANY J OINT OR INDIVIDUAL I NVESTIGATION INITIAT ED UNDER 7
THE COMPACT. 8
(G) (1) AFTER A LICENSEE’S COMPACT PRIVILEGE IN A REMOTE STATE IS 9
TERMINATED , THE REMOTE STATE MAY CONTINUE AN INVESTIG ATION OF THE 10
LICENSEE THAT BEGAN WHEN THE LICENSEE HA D A COMPACT PRIVILEG E IN THAT 11
REMOTE STATE . 12
(2) IF THE INVESTIGATION YIELDS WHAT WOULD BE SIGNIFICANT 13
INVESTIGATIVE INFORM ATION HAD THE LICENS EE CONTINUED TO HAVE A COMPACT 14
PRIVILEGE IN THAT RE MOTE STATE , THE REMOTE STATE SHA LL REPORT THE 15
PRESENCE OF SUCH INF ORMATION TO THE DATA SYSTEM AS REQUIRED B Y SECTION 16
8(B)(6) OF THIS COMPACT AS IF IT WAS SIGNIFICANT INVESTIGATIVE INFORMATION . 17
SECTION 7. ESTABLISHMENT AND OPERATION OF THE COMMISSION. 18
(A) THE COMPACT PARTICIPATING STATES HEREBY CREATE AND 19
ESTABLISH A JOINT GO VERNMENT AGENCY WHOS E MEMBERSHIP CONSIST S OF ALL 20
PARTICIPATING STATES THAT HAVE ENACTED THE COMPACT. THE COMMISSION IS 21
AN INSTRUMENTALITY O F THE PARTICIPATING STATES ACTING JOINTL Y AND NOT 22
AN INSTRUMENTALITY O F ANY ONE STATE . THE COMMISSION SHALL COME INTO 23
EXISTENCE ON OR AFTE R THE EFFECTIVE DATE OF THE COMPACT AS SET FORTH IN 24
SECTION 11(A) OF THIS COMPACT. 25
(B) (1) EACH PARTICIPATING ST ATE SHALL HAVE AND B E LIMITED TO 26
ONE (1) COMMISSIONER SELECTE D BY THAT PARTICIPAT ING STATE’S STATE 27
LICENSING AUTHORITY OR, IF THE STATE HAS MOR E THAN ONE STATE LIC ENSING 28
AUTHORITY, SELECTED COLLECTIVEL Y BY THE STATE LICENSING A UTHORITIES. 29
(2) THE COMMISSIONER SHAL L BE A MEMBER OR DES IGNEE OF SUCH 30
AUTHORITY OR AUTHORI TIES. 31
(3) THE COMMISSION MAY BY RUL E OR BYLAW ESTABLISH A TERM OF 32
OFFICE FOR COMMISSIO NERS AND MAY BY RULE OR BYLAW ESTABLISH T ERM 33
LIMITS. 34 HOUSE BILL 45 13
(4) THE COMMISSION MAY RECOMM END TO A STATE LICEN SING 1
AUTHORITY OR AUTHORI TIES, AS APPLICABLE , REMOVAL OR SUSPENSIO N OF AN 2
INDIVIDUAL AS THE ST ATE’S COMMISSIONER . 3
(5) A PARTICIPATING STATE ’S STATE LICENSING AU THORITY OR 4
AUTHORITIES, AS APPLICABLE, SHALL FILL ANY VACAN CY OF ITS COMMISSION ER ON 5
THE COMMISSION WITHIN SIX TY (60) DAYS OF THE VACANCY . 6
(6) EACH COMMISSIONER SHA LL BE ENTITLED TO ON E VOTE ON ALL 7
MATTERS THAT ARE VOT ED UPON BY THE COMMISSION. 8
(7) THE COMMISSION SHALL MEET AT LEAST ON CE DURING EACH 9
CALENDAR YEAR . ADDITIONAL MEETINGS M AY BE HELD AS SET FO RTH IN THE 10
BYLAWS. THE COMMISSION MAY MEET B Y TELECOMMUNICATION , VIDEO 11
CONFERENCE , OR OTHER SIMILAR ELE CTRONIC MEANS . 12
(C) THE COMMISSION SHALL HAVE THE FOLLOWING POWERS : 13
(1) ESTABLISH THE FISCAL YEA R OF THE COMMISSION; 14
(2) ESTABLISH A CODE OF C ONDUCT AND CONFLICT OF INTEREST 15
POLICIES; 16
(3) ADOPT RULES AND BYLAW S; 17
(4) MAINTAIN ITS FINANCIA L RECORDS IN ACCORDA NCE WITH THE 18
BYLAWS; 19
(5) MEET AND TAKE SUCH AC TIONS AS ARE CONSIST ENT WITH THE 20
PROVISIONS OF THIS COMPACT, THE COMMISSION’S RULES, AND THE BYLAWS ; 21
(6) INITIATE AND CONCLUDE LEGAL PROCEEDINGS OR ACTIONS IN 22
THE NAME OF THE COMMISSION, PROVIDED THAT THE ST ANDING OF ANY STATE 23
LICENSING AUTHORITY TO S UE OR BE SUED UNDER APPLICABLE LAW SHALL NOT BE 24
AFFECTED; 25
(7) MAINTAIN AND CERTIFY RECORDS AND INFORMAT ION PROVIDED 26
TO A PARTICIPATING S TATE AS THE AUTHENTI CATED BUSINESS RECOR DS OF THE 27
COMMISSION, AND DESIGNATE A PERS ON TO DO SO ON THE COMMISSION’S BEHALF; 28
(8) PURCHASE AND MAINTAIN INSURANCE AND BONDS ; 29
14 HOUSE BILL 45
(9) BORROW, ACCEPT, OR CONTRACT FOR SERV ICES OF PERSONNEL , 1
INCLUDING, BUT NOT LIMITED TO , EMPLOYEES OF A PARTI CIPATING STATE; 2
(10) CONDUCT AN ANNUAL FIN ANCIAL REVIEW ; 3
(11) HIRE EMPLOYEES , ELECT OR APPOINT OFF ICERS, FIX 4
COMPENSATION , DEFINE DUTIES , GRANT SUCH INDIVIDUA LS APPROPRIATE 5
AUTHORITY TO CARRY O UT THE PURPOSES OF T HE COMPACT, AND ESTABLISH THE 6
COMMISSION’S PERSONNEL POLICIES AND PROGRAMS RELATIN G TO CONFLICTS OF 7
INTEREST, QUALIFICATIONS OF PE RSONNEL, AND OTHER RELATED PE RSONNEL 8
MATTERS; 9
(12) AS SET FORTH IN THE COMMISSION RULES , CHARGE A FEE TO A 10
LICENSEE FOR THE GRA NT OF A COMPACT PRIV ILEGE IN A REMOTE ST ATE AND 11
THEREAFTER , AS MAY BE ESTABLISHE D BY COMMISSION RULE, CHARGE THE 12
LICENSEE A COMPACT P RIVILEGE RENEWAL FEE FOR EACH RENEWAL PER IOD IN 13
WHICH THAT LICENSEE EXERCISES OR INTENDS TO EXERCISE THE COMP ACT 14
PRIVILEGE IN THAT RE MOTE STATE. NOTHING HEREIN SHALL BE CONSTRUED TO 15
PREVENT A REMOTE STA TE FROM CHARGING A LICENSEE A FEE FOR A COMPACT 16
PRIVILEGE OR RENEWAL S OF A COMPACT PRIVI LEGE, OR A FEE FOR THE 17
JURISPRUDENCE REQUIR EMENT IF THE REMOTE STATE IMPOSES SUCH A 18
REQUIREMENT FOR THE GRANT OF A COMPACT P RIVILEGE; 19
(13) ACCEPT ANY AND ALL AP PROPRIATE GIFTS , DONATIONS, GRANTS 20
OF MONEY, OTHER SOURCES OF REV ENUE, EQUIPMENT, SUPPLIES, MATERIALS, AND 21
SERVICES, AND RECEIVE, UTILIZE, AND DISPOSE OF THE S AME, PROVIDED THAT AT 22
ALL TIMES THE COMMISSION SHALL AVOI D ANY APPEARANCE OF IMPROPRIETY 23
AND/OR CONFLICT OF INTER EST; 24
(14) LEASE, PURCHASE, RETAIN, OWN, HOLD, IMPROVE, OR USE ANY 25
PROPERTY, REAL, PERSONAL, OR MIXED, OR ANY UNDIVIDED INT EREST THEREIN ; 26
(15) SELL, CONVEY, MORTGAGE , PLEDGE, LEASE, EXCHANGE, 27
ABANDON, OR OTHERWISE DISPOSE OF ANY PROPERTY , REAL, PERSONAL, OR MIXED; 28
(16) ESTABLISH A BUDGET AN D MAKE EXPENDITURES ; 29
(17) BORROW MONEY ; 30
(18) APPOINT COMMITTEES , INCLUDING STANDING C OMMITTEES, 31
WHICH MAY BE COMPOSE D OF MEMBERS , STATE REGULATORS , STATE LEGISLATORS 32
OR THEIR REPRESENTAT IVES, AND CONSUMER REPRESE NTATIVES, AND SUCH 33 HOUSE BILL 45 15
OTHER INTERESTED PER SONS AS MAY BE DESIG NATED IN THIS COMPACT AND THE 1
BYLAWS; 2
(19) PROVIDE AND RECEIVE I NFORMATION FROM , AND COOPERATE 3
WITH, LAW ENFORCEMENT AGEN CIES; 4
(20) ELECT A CHAIR, VICE CHAIR, SECRETARY, AND TREASURER AND 5
SUCH OTHER OFFICERS OF THE COMMISSION AS PROVIDE D IN THE COMMISSION’S 6
BYLAWS; 7
(21) ESTABLISH AND ELECT AN EXECUTIVE BOARD; 8
(22) ADOPT AND PROVIDE TO THE PARTICIPATING ST ATES AN ANNUAL 9
REPORT; 10
(23) DETERMINE WHETHER A S TATE’S ENACTED COMPACT IS 11
MATERIALLY DIFFERENT FROM THE MODEL COMPACT LANGUAGE SUCH THAT THE 12
STATE WOULD NOT QUAL IFY FOR PARTICIPATION IN THE COMPACT; AND 13
(24) PERFORM SUCH OTHER FU NCTIONS AS MAY BE NE CESSARY OR 14
APPROPRIATE TO ACHIE VE THE PURPOSES OF T HIS COMPACT. 15
(D) (1) ALL MEETINGS OF THE COMMISSION THAT ARE N OT CLOSED 16
PURSUANT TO THIS SUB SECTION SHALL BE OPE N TO THE PUBLIC . NOTICE OF 17
PUBLIC MEETINGS SHAL L BE POSTED ON THE COMMISSION’S WEBSITE AT LEAST 18
THIRTY (30) DAYS PRIOR TO THE PU BLIC MEETING. 19
(2) NOTWITHSTANDING PARAG RAPH (1) OF THIS SUBSECTION , THE 20
COMMISSION MAY CONVEN E AN EMERGENCY PUBLI C MEETING BY PROVIDING AT 21
LEAST TWENTY –FOUR (24) HOURS PRIOR NOTICE O N THE COMMISSION’S WEBSITE, 22
AND BY ANY OTHER MEA NS AS PROVIDED IN TH E COMMISSION’S RULES, FOR ANY OF 23
THE REASONS IT MAY D ISPENSE WITH NOTICE OF PROPOSED RULEMAKI NG UNDER 24
SECTION 9(L) OF THIS COMPACT. THE COMMISSION’S LEGAL COUNSEL SHAL L 25
CERTIFY THAT ONE OF THE REASONS JUSTIFYI NG AN EMERGENCY PUBL IC MEETING 26
HAS BEEN MET. 27
(3) NOTICE OF ALL COMMISSION MEETINGS S HALL PROVIDE THE 28
TIME, DATE, AND LOCATION OF THE MEETING, AND IF THE MEETING I S TO BE HELD 29
OR ACCESSIBLE VIA TE LECOMMUNICATION , VIDEO CONFERENCE , OR OTHER 30
ELECTRONIC MEANS , THE NOTICE SHALL INC LUDE THE MECHANISM F OR ACCESS TO 31
THE MEETING THROUGH SUCH MEANS. 32
16 HOUSE BILL 45
(4) THE COMMISSION MAY CONVEN E IN A CLOSED , NONPUBLIC 1
MEETING FOR THE COMMISSION TO R ECEIVE LEGAL ADVICE OR TO DISCUSS: 2
(I) NONCOMPLIANCE OF A PA RTICIPATING STATE WI TH ITS 3
OBLIGATIONS UNDER TH E COMPACT; 4
(II) THE EMPLOYMENT , COMPENSATION , DISCIPLINE, OR 5
OTHER MATTERS , PRACTICES, OR PROCEDURES RELATE D TO SPECIFIC EMPLOY EES 6
OR OTHER MATTERS REL ATED TO THE COMMISSION’S INTERNAL PERSONNEL 7
PRACTICES AND PROCED URES; 8
(III) CURRENT OR THREATENED DISCIPLINE OF A LI CENSEE OR 9
COMPACT PRIVILEGE HO LDER BY THE COMMISSION OR BY A PA RTICIPATING 10
STATE’S LICENSING AUTHORIT Y; 11
(IV) CURRENT, THREATENED , OR REASONABLY ANTICI PATED 12
LITIGATION; 13
(V) NEGOTIATION OF CONTRA CTS FOR THE PURCHASE , LEASE, 14
OR SALE OF GOODS , SERVICES, OR REAL ESTATE ; 15
(VI) ACCUSING ANY PERSON O F A CRIME OR FORMALL Y 16
CENSURING ANY PERSON ; 17
(VII) TRADE SECRETS OR COMM ERCIAL OR FINANCIAL 18
INFORMATION THAT IS PRIVILEGED OR CONFID ENTIAL; 19
(VIII) INFORMATION OF A PERS ONAL NATURE WHERE 20
DISCLOSURE WOULD CONSTITUTE A C LEARLY UNWARRANTED I NVASION OF 21
PERSONAL PRIVACY ; 22
(IX) INVESTIGATIVE RECORDS COMPILED FOR LAW 23
ENFORCEMENT PURPOSES ; 24
(X) INFORMATION RELATED T O ANY INVESTIGATIVE REPORTS 25
PREPARED BY OR ON BE HALF OF OR FOR USE O F THE COMMISSION OR OTHER 26
COMMITTEE CHARGED WI TH RESPONSIBILITY OF INVESTIGATION OR 27
DETERMINATION OF COM PLIANCE ISSUES PURSU ANT TO THE COMPACT; 28
(XI) LEGAL ADVICE; 29
(XII) MATTERS SPECIFICALLY EXEMPTED FROM DISCLO SURE TO 30
THE PUBLIC BY FEDERA L OR PARTICIPATING S TATE LAW; AND 31 HOUSE BILL 45 17
(XIII) OTHER MATTERS AS PROM ULGATED BY THE COMMISSION 1
BY RULE. 2
(5) IF A MEETING , OR PORTION OF A MEET ING, IS CLOSED, THE 3
PRESIDING OFFICER SH ALL STATE THAT THE M EETING WILL BE CLOSE D AND 4
REFERENCE EACH RELEV ANT EXEMPTING PROVIS ION, AND SUCH REFERENCE 5
SHALL BE RECORDED IN THE MINUTES. 6
(6) THE COMMISSION SHALL KEEP MINUTES THAT FULLY A ND 7
CLEARLY DESCRIBE ALL MATTERS DISCUSSED IN A MEETING AND SHALL PROVIDE A 8
FULL AND ACCURATE SU MMARY OF ACTIONS TAK EN, AND THE REASONS THER EFOR, 9
INCLUDING A DESCRIPT ION OF THE VIEWS EXP RESSED. ALL DOCUMENTS 10
CONSIDERED IN CONNECTIO N WITH AN ACTION SHA LL BE IDENTIFIED IN SUCH 11
MINUTES. ALL MINUTES AND DOCUM ENTS OF A CLOSED MEE TING SHALL REMAIN 12
UNDER SEAL , SUBJECT TO RELEASE O NLY BY A MAJORITY VO TE OF THE 13
COMMISSION OR ORDER O F A COURT OF COMPETE NT JURISDICTION . 14
(E) (1) THE COMMISSION SHALL PAY , OR PROVIDE FOR THE P AYMENT 15
OF, THE REASONABLE EXPEN SES OF ITS ESTABLISH MENT, ORGANIZATION , AND 16
ONGOING ACTIVITIES . 17
(2) THE COMMISSION MAY ACCEPT ANY AND ALL APPROPRI ATE 18
SOURCES OF REVENUE , DONATIONS, AND GRANTS OF MONE Y, EQUIPMENT, 19
SUPPLIES, MATERIALS, AND SERVICES. 20
(3) THE COMMISSION MAY LEVY O N AND COLLECT AN ANN UAL 21
ASSESSMENT FROM EACH PARTICIPATING STATE AND IMPOSE FEES ON L ICENSEES 22
OF PARTICIPATING STA TES WHEN A COMPACT P RIVILEGE IS GRANTED , TO COVER 23
THE COST O F THE OPERATIONS AND ACTIVITIES OF THE COMMISSION AND ITS 24
STAFF, WHICH MUST BE IN A T OTAL AMOUNT SUFFICIE NT TO COVER ITS ANNU AL 25
BUDGET AS APPROVED E ACH FISCAL YEAR FOR WHICH SUFFICIENT REV ENUE IS NOT 26
PROVIDED BY OTHER SO URCES. THE AGGREGATE ANNUAL ASSESSMENT AMOUNT 27
FOR PARTICIPATING ST ATES SHALL BE ALLOCA TED BASED UPON A FOR MULA THAT 28
THE COMMISSION SHALL PROM ULGATE BY RULE . 29
(4) THE COMMISSION SHALL NOT INCUR OBLIGATIONS OF ANY KIND 30
PRIOR TO SECURING TH E FUNDS ADEQUATE TO MEET THE SAME , NOR SHALL THE 31
COMMISSION PLEDGE THE C REDIT OF ANY PARTICI PATING STATE, EXCEPT BY AND 32
WITH THE AUTHORITY O F THE PARTICIPATING STATE. 33
(5) THE COMMISSION SHALL KEEP ACCURATE ACCOUNTS OF ALL 34
RECEIPTS AND DISBURS EMENTS. THE RECEIPTS AND DISB URSEMENTS OF THE 35 18 HOUSE BILL 45
COMMISSION SHALL BE SUBJECT TO THE FI NANCIAL REVIEW AND A CCOUNTING 1
PROCEDURES ESTABLISH ED UNDER ITS BYLAWS . ALL RECEIPTS AND 2
DISBURSEMENTS OF FUN DS HANDLED BY THE COMMISSION SHALL BE S UBJECT TO 3
AN ANNUAL FINANCIAL REVIEW BY A CERTIFIE D OR LICENSED PUBLIC 4
ACCOUNTANT , AND THE REPORT OF THE FIN ANCIAL REVIEW SHALL BE INCLUDED IN 5
AND BECOME PART OF T HE ANNUAL REPORT OF THE COMMISSION. 6
(F) (1) THE EXECUTIVE BOARD SHALL HAVE THE POWER TO ACT ON 7
BEHALF OF THE COMMISSION ACCORDING TO THE TERMS OF THIS COMPACT. THE 8
POWERS, DUTIES, AND RESPONSIBILITIES OF THE EXECUTIVE BOARD SHALL 9
INCLUDE: 10
(I) OVERSEEING THE DAY –TO–DAY ACTIVITIES OF TH E 11
ADMINISTRATION OF TH E COMPACT INCLUDING COM PLIANCE WITH THE 12
PROVISIONS OF THE COMPACT, THE COMMISSION’S RULES AND BYLAWS ; 13
(II) RECOMMENDIN G TO THE COMMISSION CHANGES TO THE 14
RULES OR BYLAWS , CHANGES TO THIS COMPACT LEGISLATION , FEES CHARGED TO 15
COMPACT PARTICIPATING STATES, FEES CHARGED TO LICE NSEES, AND OTHER 16
FEES; 17
(III) ENSURING COMPACT ADMINISTRATIO N SERVICES ARE 18
APPROPRIATELY PROVID ED, INCLUDING BY CONTRAC T; 19
(IV) PREPARING AND RECOMME NDING THE BUDGET ; 20
(V) MAINTAINING FINANCIAL RECORDS ON BEHALF OF THE 21
COMMISSION; 22
(VI) MONITORING COMPACT COMPLIANCE OF PARTICIPATING 23
STATES AND PROVIDING COMPLIANCE REPORTS T O THE COMMISSION; 24
(VII) ESTABLISHING ADDITION AL COMMITTEES AS NEC ESSARY; 25
(VIII) EXERCISING THE POWERS AND DUTIES OF THE 26
COMMISSION DURING THE INTERIM BETWEEN COMMISSION MEETINGS , EXCEPT 27
FOR ADOPTING OR AMEN DING RULES, ADOPTING OR AMENDING BYLAWS, AND 28
EXERCISING ANY OTHER POWERS AND DUTIES EX PRESSLY RESERVED TO THE 29
COMMISSION BY RULE O R BYLAW; AND 30
(IX) OTHER DUTIES AS PROVI DED IN THE RULES OR BYLAWS OF 31
THE COMMISSION. 32
HOUSE BILL 45 19
(2) THE EXECUTIVE BOARD SHALL BE COMPOS ED OF UP TO SEVEN 1
(7) MEMBERS: 2
(I) THE CHAIR, VICE CHAIR, SECRETARY, AND TREASURER OF 3
THE COMMISSION AND ANY OT HER MEMBERS OF THE COMMISSION WHO SERVE ON 4
THE EXECUTIVE BOARD SHALL BE VOTING MEMBERS OF THE EXECUTIVE BOARD; 5
AND 6
(II) OTHER THAN THE CHAIR, VICE CHAIR, SECRETARY, AND 7
TREASURER, THE COMMISSION MAY ELECT UP TO THREE (3) VOTING MEMBERS 8
FROM THE CURRENT MEM BERSHIP OF THE COMMISSION. 9
(3) THE COMMISSION MAY REMOVE ANY MEMBER OF THE EXECUTIVE 10
BOARD AS PROVIDED IN THE COMMISSION’S BYLAWS. 11
(4) (I) THE EXECUTIVE BOARD SHALL MEET AT L EAST ANNUALLY . 12
(II) AN EXECUTIVE BOARD MEETING AT WHIC H IT TAKES OR 13
INTENDS TO TAKE FORM AL ACTION ON A MATTE R SHALL BE OPEN TO T HE PUBLIC, 14
EXCEPT THAT THE EXECUTIVE BOARD MAY MEET IN A C LOSED, NONPUBLIC SESSION 15
OF A PUBLIC MEETING WHEN DEALING WITH AN Y OF THE MATTERS COV ERED UNDER 16
SUBSECTION (D)(4) OF THIS SECTION. 17
(III) THE EXECUTIVE BOARD SHALL GIVE FIVE (5) BUSINESS 18
DAYS’ NOTICE OF ITS PUBLIC MEETINGS, POSTED ON ITS WEBSIT E AND AS IT MAY 19
OTHERWISE DETERMINE TO PROVIDE NOTICE TO PERSONS WITH AN INTE REST IN 20
THE PUBLIC MATTERS T HE EXECUTIVE BOARD INTENDS TO ADDR ESS AT THOSE 21
MEETINGS. 22
(5) THE EXECUTIVE BOARD MAY HOLD AN EME RGENCY MEETING 23
WHEN ACTING FOR THE COMMISSION TO : 24
(I) MEET AN IMMINENT THREAT T O PUBLIC HEALTH , SAFETY, 25
OR WELFARE; 26
(II) PREVENT A LOSS OF COMMISSION OR PARTICI PATING 27
STATE FUNDS; OR 28
(III) PROTECT PUBLIC HEALTH AND SAFETY. 29
(G) (1) THE MEMBERS , OFFICERS, EXECUTIVE DIRECTOR , EMPLOYEES, 30
AND REPRESENTATIVES OF THE COMMISSION SHALL BE I MMUNE FROM SUIT AND 31
LIABILITY, BOTH PERSONALLY AND IN THEIR OFFICIAL CA PACITY, FOR ANY CLAIM 32 20 HOUSE BILL 45
FOR DAMAGE TO OR LOS S OF PROPERTY OR PER SONAL INJURY OR OTHE R CIVIL 1
LIABILITY CAUSED BY OR ARISING OUT OF AN Y ACTUAL OR ALLEGED ACT, ERROR, 2
OR OMISSION THAT OCC URRED, OR THAT THE PERSON A GAINST WHOM THE CLAI M 3
IS MADE HAD A REASON ABLE BASIS FOR BELIE VING OCCURRED , WITHIN THE SCOPE 4
OF COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES , PROVIDED THAT 5
NOTHING IN THIS PARA GRAPH SHALL BE CONST RUED TO PROTECT ANY SUCH 6
PERSON FROM SUIT OR LIABILITY FOR ANY DA MAGE, LOSS, INJURY, OR LIABILITY 7
CAUSED BY THE INTENT IONAL OR WILLFUL OR WANTON MISCONDUCT OF THAT 8
PERSON. THE PROCURE MENT OF INSURANCE OF ANY TYPE BY THE COMMISSION 9
SHALL NOT IN ANY WAY COMPROMISE OR LIMIT THE IMMUNITY GRANTED 10
HEREUNDER . 11
(2) THE COMMISSION SHALL DEFE ND ANY MEMBER , OFFICER, 12
EXECUTIVE DIRECTOR , EMPLOYEE, AND REPRESENTATIVE O F THE COMMISSION IN 13
ANY CIVIL ACTION SEEKING TO IMPOSE LIABILITY ARI SING OUT OF ANY ACTU AL OR 14
ALLEGED ACT , ERROR, OR OMISSION THAT OCC URRED WITHIN THE SCO PE OF 15
COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES , OR AS DETERMINED BY 16
THE COMMISSION THAT THE P ERSON AGAINST WHOM T HE CLAIM IS MADE HAD A 17
REASONABLE BASIS FOR BELIEVING OCCURRED W ITHIN THE SCOPE OF 18
COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES , PROVIDED THAT 19
NOTHING HEREIN SHALL BE CONSTRUED TO PROH IBIT THAT PERSON FRO M 20
RETAINING THEIR OWN COUNSEL AT THEIR OWN EXPENSE, AND PROVIDED 21
FURTHER, THAT THE ACTUAL OR A LLEGED ACT, ERROR, OR OMISSION DID NOT 22
RESULT FROM THAT PER SON’S INTENTIONAL OR WIL LFUL OR WANTON 23
MISCONDUCT . 24
(3) NOTWITHSTANDING SUBSE CTION (A) OF THIS SECTION , SHOULD 25
ANY MEMBER , OFFICER, EXECUTIVE DIRECTOR , EMPLOYEE, OR REPRESENTATIVE 26
OF THE COMMISSION BE HELD LI ABLE FOR THE AMOUNT OF ANY SETTLEMENT OR 27
JUDGMENT ARISING OUT OF ANY ACTUAL OR ALL EGED ACT, ERROR, OR OMISSION 28
THAT OCCURRED WITHIN THE SCOPE OF THAT IN DIVIDUAL’S EMPLOYMENT , DUTIES, 29
OR RESPONSIBILITIES FOR THE COMMISSION, OR THAT THE PERSON T O WHOM THAT 30
INDIVIDUAL IS LIABLE HAD A REASONABLE BAS IS FOR BELIEVING OCC URRED 31
WITHIN THE SCOPE OF THE INDIVIDUAL ’S EMPLOYMENT , DUTIES, OR 32
RESPONSIBILITIES FOR THE COMMISSION, THE COMMISSION SHALL INDE MNIFY 33
AND HOLD HARMLESS SUCH INDIVI DUAL, PROVIDED THAT THE AC TUAL OR ALLEGED 34
ACT, ERROR, OR OMISSION DID NOT RESULT FROM THE INTE NTIONAL OR WILLFUL 35
OR WANTON MISCONDUCT OF THE INDIVIDUAL . 36
(4) NOTHING HEREIN SHALL BE CONSTRUED AS A LI MITATION ON 37
THE LIABILITY OF ANY LICENSEE FOR PROFESS IONAL MALPRACTICE OR 38
MISCONDUCT , WHICH SHALL BE GOVER NED SOLELY BY ANY OT HER APPLICABLE 39
STATE LAWS. 40 HOUSE BILL 45 21
(5) NOTHING IN THIS COMPACT SHALL BE INTE RPRETED TO WAIVE 1
OR OTHERWISE ABROGAT E A PARTICIPATING ST ATE’S STATE ACTION IMMUN ITY OR 2
STATE ACTION AFFIRMATIV E DEFENSE WITH RESPE CT TO ANTITRUST CLAI MS 3
UNDER THE SHERMAN ACT, CLAYTON ACT, OR ANY OTHER STATE O R FEDERAL 4
ANTITRUST OR ANTICOM PETITIVE LAW OR REGU LATION. 5
(6) NOTHING IN THIS COMPACT SHALL BE CONS TRUED TO BE A 6
WAIVER OF SOVEREIGN IMMUNITY BY THE PARTI CIPATING STATES OR B Y THE 7
COMMISSION. 8
SECTION 8. DATA SYSTEM. 9
(A) THE COMMISSION SHALL PROV IDE FOR THE DEVELOPM ENT, 10
MAINTENANCE , OPERATION, AND UTILIZATION OF A COORDINATED DATABASE AND 11
REPORTING SYSTEM CON TAINING LICENSURE , ADVERSE ACTION, AND THE 12
PRESENCE OF SIGNIFIC ANT INVESTIGATIVE IN FORMATION ON ALL LIC ENSEES AND 13
APPLICANTS FOR A LIC ENSE IN PARTICIPATIN G STATES. 14
(B) NOTWITHSTANDING ANY O THER PROVISION OF ST ATE LAW TO THE 15
CONTRARY, A PARTICIPATING STAT E SHALL SUBMIT A UNI FORM DATA SET TO THE 16
DATA SYSTEM ON ALL I NDIVIDUALS TO WHOM T HIS COMPACT IS APPLICABLE AS 17
REQUIRED BY THE RULE S OF THE COMMISSION, INCLUDING: 18
(1) IDENTIFYING INFORMATI ON; 19
(2) LICENSURE DATA ; 20
(3) ADVERSE ACTIONS AGAIN ST A LICENSEE, LICENSE APPLICANT , 21
OR COMPACT PRIVILEGE AND INFORMATION RELA TED THERETO ; 22
(4) NONCONFIDENTIAL INFOR MATION RELATED TO AL TERNATIVE 23
PROGRAM PARTICIPATIO N, THE BEGINNING AND EN DING DATES OF SUCH 24
PARTICIPATION , AND OTHER INFORMATIO N RELATED TO SUCH PA RTICIPATION; 25
(5) ANY DENIAL OF AN APPL ICATION FOR LICENSUR E, AND THE 26
REASON(S) FOR SUCH DENIAL (EXCLUDING THE REPORT ING OF ANY CRIMINAL 27
HISTORY RECORD INFOR MATION WHERE PROHIBI TED BY LAW); 28
(6) THE PRESENCE OF SIGNI FICANT INVESTIGATIVE INFORMATION ; 29
AND 30
22 HOUSE BILL 45
(7) OTHER INF ORMATION THAT MAY FA CILITATE THE 1
ADMINISTRATION OF TH IS COMPACT OR THE PROTEC TION OF THE PUBLIC , AS 2
DETERMINED BY THE RU LES OF THE COMMISSION. 3
(C) THE RECORDS AND INFOR MATION PROVIDED TO A PARTICIPATING 4
STATE PURSUANT TO TH IS COMPACT OR THROUGH TH E DATA SYSTEM, WHEN 5
CERTIFIED BY THE COMMISSION OR AN AGEN T THEREOF, SHALL CONSTITUTE THE 6
AUTHENTICATED BUSINE SS RECORDS OF THE COMMISSION, AND SHALL BE 7
ENTITLED TO ANY ASSO CIATED HEARSAY EXCEP TION IN ANY RELEVANT JUDICIAL, 8
QUASI–JUDICIAL, OR ADMINISTRATIVE PR OCEEDINGS IN A PARTICI PATING STATE. 9
(D) SIGNIFICANT INVESTIGA TIVE INFORMATION PER TAINING TO A 10
LICENSEE IN ANY PART ICIPATING STATE WILL ONLY BE AVAILABLE TO OTHER 11
PARTICIPATING STATES . 12
(E) IT IS THE RESPONSIBIL ITY OF THE PARTICIPA TING STATES TO MONIT OR 13
THE DATABASE TO DETE RMINE WHETHER ADVERS E ACTION HAS BEEN TA KEN 14
AGAINST A LICENSEE O R LICENSE APPLICANT . ADVERSE ACTION INFORM ATION 15
PERTAINING TO A LICE NSEE OR LICENSE APPL ICANT IN ANY PARTICI PATING STATE 16
WILL BE AVAILABLE TO ANY OTHER PARTICIPAT ING STATE. 17
(F) PARTICIPATING STATES CONTRIBUTING INFORMA TION TO THE DATA 18
SYSTEM MAY DESIGNATE INFORMATION THAT MAY NOT BE SHARED WITH T HE 19
PUBLIC WITHOUT THE E XPRESS PERMISSION OF THE CONTRIBUTING STA TE. 20
(G) ANY INFORMATION SUBMI TTED TO THE DATA SYS TEM THAT IS 21
SUBSEQUENTLY EXPUNGE D PURSUANT TO FEDERA L LAW OR THE LAWS OF THE 22
PARTICIPATING STATE CONTRIBUTING THE INF ORMATION SHALL BE RE MOVED 23
FROM THE DATA SYSTEM . 24
SECTION 9. RULEMAKING. 25
(A) THE COMMISSION SHALL PROM ULGATE REASONABLE RU LES IN ORDER 26
TO EFFECTIVELY AND EFFICIENTLY IMPL EMENT AND ADMINISTER THE PURPOSES 27
AND PROVISIONS OF TH E COMPACT. A COMMISSION RULE SHALL BE INVALID AND 28
HAVE NO FORCE OR EFF ECT ONLY IF A COURT OF COMPETENT JURISDI CTION HOLDS 29
THAT THE RULE IS INV ALID BECAUSE THE COMMISSION EXERCISED ITS 30
RULEMAKING AUTHORITY IN A MANNER THAT IS BEYOND THE SCOPE AND PURPOSES 31
OF THE COMPACT, OR THE POWERS GRANTE D HEREUNDER , OR BASED UPON 32
ANOTHER APPLICABLE S TANDARD OF REVIEW . 33
(B) THE RULES OF THE COMMISSION SHALL HAVE THE FORCE OF LAW IN 34
EACH PARTICIPA TING STATE, PROVIDED HOWEVER THA T WHERE THE RULES OF THE 35 HOUSE BILL 45 23
COMMISSION CONFLICT W ITH THE LAWS OF THE PARTICIPATING STATE THAT 1
ESTABLISH THE PARTIC IPATING STATE’S SCOPE OF PRACTICE AS HELD BY A COURT 2
OF COMPETENT JURISDI CTION, THE RULES OF THE COMMISSION SHALL BE 3
INEFFECTIVE IN THAT STATE TO THE EXTENT OF THE CONFLICT . 4
(C) THE COMMISSION SHALL EXER CISE ITS RULEMAKING POWERS 5
PURSUANT TO THE CRIT ERIA SET FORTH IN TH IS SECTION AND THE R ULES ADOPTED 6
THEREUNDER . RULES SHALL BECOME BI NDING AS OF THE DATE SPECIFIED BY THE 7
COMMISSION FOR EACH R ULE. 8
(D) IF A MAJORITY OF THE LEGISLATURES OF THE PARTICIPATING STATES 9
REJECTS A COMMISSION RULE OR PO RTION OF A COMMISSION RULE , BY 10
ENACTMENT OF A STATU TE OR RESOLUTION IN THE SAME MANNER USED TO ADOPT 11
THE COMPACT, WITHIN FOUR (4) YEARS OF THE DATE OF ADOPTION OF THE RULE , 12
THEN SUCH RULE SHALL HAVE NO FURTHER FORC E AND EFFECT IN ANY 13
PARTICIPATING STATE OR TO ANY STATE APPL YING TO PARTICIPATE IN THE 14
COMPACT. 15
(E) RULES SHALL BE ADOPTE D AT A REGULAR OR SP ECIAL MEETING OF THE 16
COMMISSION. 17
(F) PRIOR TO ADOPTION OF A PROPOSED RULE , THE COMMISSION SHALL 18
HOLD A PUBLIC HEARIN G AND ALLOW PERSONS TO PROVIDE ORAL AND WRITTEN 19
COMMENTS , DATA, FACTS, OPINIONS, AND ARGUMENTS . 20
(G) PRIOR TO ADOPTION OF A PROPOSED RULE BY T HE COMMISSION, AND 21
AT LEAST THIRTY (30) DAYS IN ADVANCE OF T HE MEETING AT WHICH THE 22
COMMISSION WILL HOLD A PUBLIC HEARING ON THE PROPOSED RULE , THE 23
COMMISSION SHALL PROV IDE A NOTICE OF PROP OSED RULEMAKING : 24
(1) ON THE WEBSITE OF THE COMMISSION OR OTHER P UBLICLY 25
ACCESSIBLE PLATFORM ; 26
(2) TO PERSONS WHO HAVE R EQUESTED NOTICE OF T HE 27
COMMISSION’S NOTICES OF PROPOSE D RULEMAKING ; AND 28
(3) IN SUCH OTHER WAY (S) AS THE COMMISSION MAY BY RUL E 29
SPECIFY. 30
(H) THE NOTICE OF PROPOSED RULEMAKING SHALL INC LUDE: 31
(1) THE TIME, DATE, AND LOCATION OF THE PUBLIC HEARING AT 32
WHICH THE COMMISSION WILL HEAR PUBLIC COMMENTS ON T HE PROPOSED RULE 33 24 HOUSE BILL 45
AND, IF DIFFERENT, THE TIME, DATE, AND LOCATION OF THE MEETING WHERE THE 1
COMMISSION WILL CONSIDER A ND VOTE ON THE PROPO SED RULE; 2
(2) IF THE HEARING IS HEL D VIA TELECOMMUNICAT ION, VIDEO 3
CONFERENCE , OR OTHER ELECTRONIC MEANS, THE COMMISSION SHALL INCL UDE 4
THE MECHANISM FOR AC CESS TO THE HEARING IN THE NOTICE OF PRO POSED 5
RULEMAKING ; 6
(3) THE TEXT OF THE PROPO SED RULE AND THE REA SON THEREFOR ; 7
(4) A REQUEST FOR COMMENTS ON THE PROPOSED RULE FROM ANY 8
INTERESTED PERSON ; AND 9
(5) THE MANNER IN WHICH I NTERESTED PERSONS MA Y SUBMIT 10
WRITTEN COMMENTS . 11
(I) ALL HEARINGS WILL BE RECORDE D. A COPY OF THE RECORDIN G AND 12
ALL WRITTEN COMMENTS AND DOCUMENTS RECEIV ED BY THE COMMISSION IN 13
RESPONSE TO THE PROP OSED RULE SHALL BE A VAILABLE TO THE PUBL IC. 14
(J) NOTHING IN THIS SECTI ON SHALL BE CONSTRUE D AS REQUIRING A 15
SEPARATE HEARING ON EACH COMMISSION RULE . RULES MAY BE GROUPED FOR 16
THE CONVENIENCE OF T HE COMMISSION AT HEARING S REQUIRED BY THIS S ECTION. 17
(K) (1) THE COMMISSION SHALL , BY MAJORITY VOTE OF ALL 18
COMMISSIONERS , TAKE FINAL ACTION ON THE PROPOSED RULE BA SED ON THE 19
RULEMAKING RECORD . 20
(2) THE COMMISSION MAY ADOPT CHANGES TO THE PROPO SED RULE 21
PROVIDED THE CHANGES DO NOT ENLARGE THE O RIGINAL PURPOSE OF T HE 22
PROPOSED RULE . 23
(3) THE COMMISSION SHALL PROV IDE AN EXPLANATION O F THE 24
REASONS FOR SUBSTANT IVE CHANGES MADE TO THE PROPOSED RUL E AS WELL AS 25
REASONS FOR SUBSTANT IVE CHANGES NOT MADE THAT WERE RECOMMENDE D BY 26
COMMENTERS . 27
(4) THE COMMISSION SHALL DETE RMINE A REASONABLE E FFECTIVE 28
DATE FOR THE RULE . EXCEPT FOR AN EMERGEN CY AS PROVIDED IN SU BSECTION (L) 29
OF THIS SECTION, THE EFFECTIVE DATE OF THE RULE SHA LL BE NO SOONER THAN 30
THIRTY (30) DAYS AFTER THE COMMISSION ISSUING TH E NOTICE THAT IT ADO PTED 31
OR AMENDED THE RULE . 32
HOUSE BILL 45 25
(L) UPON DETERMINATION TH AT AN EMERGENCY EXIS TS, THE 1
COMMISSION MAY CONSID ER AND ADOPT AN EMER GENCY RULE WITH 24 HOURS’ 2
NOTICE, WITH OPPORTUNITY TO COMMENT, PROVIDED THAT THE US UAL 3
RULEMAKING PROCEDURE S PROVIDED IN THE COMPACT AND IN THIS S ECTION 4
SHALL BE RETROACTIVE LY APPLIED TO THE RU LE AS SOON AS REASON ABLY 5
POSSIBLE, IN NO EVENT LATER TH AN NINETY (90) DAYS AFTER THE E FFECTIVE DATE 6
OF THE RULE. FOR THE PURPOSES OF T HIS PROVISION, AN EMERGENCY RULE IS ONE 7
THAT MUST BE ADOPTED IMMEDIATELY IN ORDER TO: 8
(1) MEET AN IMMINENT THRE AT TO PUBLIC HEALTH , SAFETY, OR 9
WELFARE; 10
(2) PREVENT A LOSS OF COMMISSION OR PARTICI PATING STATE 11
FUNDS; 12
(3) MEET A DEADLINE FOR T HE PROMULGATION OF A RULE THAT IS 13
ESTABLISHED BY FEDER AL LAW OR RULE ; OR 14
(4) PROTECT PUBLIC HEALTH AND SAFETY. 15
(M) THE COMMISSION OR AN AUTH ORIZED COMMITTEE OF THE 16
COMMISSION MAY DIRECT REVISIONS TO A PREVI OUSLY ADOPTED RULE F OR 17
PURPOSES OF CORRECTI NG TYPOGRAPHICAL ERR ORS, ERRORS IN FORMAT , 18
ERRORS IN CONSISTENC Y, OR GRAMMATICAL ERROR S. PUBLIC NOTICE OF ANY 19
REVISIONS SHALL BE P OSTED ON THE WEBSITE OF THE COMMISSION. THE REVISION 20
SHALL BE SUBJECT TO CHALLENGE BY ANY PERSON FOR A PERIOD OF THIRTY (30) 21
DAYS AFTER POSTING . THE REVISION MAY BE C HALLENGED ONLY ON GR OUNDS 22
THAT THE REVISION RE SULTS IN A MATERIAL CHANGE TO A RULE . A CHALLENGE 23
SHALL BE MADE IN WRI TING AND DELIVERED T O THE COMMISSION PRIOR TO T HE 24
END OF THE NOTICE PERIOD . IF NO CHALLENGE IS MA DE, THE REVISION WILL TA KE 25
EFFECT WITHOUT FURTH ER ACTION. IF THE REVISION IS CH ALLENGED, THE 26
REVISION MAY NOT TAK E EFFECT WITHOUT THE APPROVAL OF THE COMMISSION. 27
(N) NO PARTICIPATING STAT E’S RULEMAKING REQUIRE MENTS SHALL 28
APPLY UNDER THIS COMPACT. 29
SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND 30
ENFORCEMENT. 31
(A) (1) THE EXECUTIVE AND JUD ICIAL BRANCHES OF ST ATE 32
GOVERNMENT IN EACH P ARTICIPATING STATE S HALL ENFORCE THIS COMPACT AND 33
TAKE ALL ACTIONS NEC ESSARY AND APPROPRIA TE TO IMPLEMENT THE COMPACT. 34
26 HOUSE BILL 45
(2) VENUE IS PROPER AND J UDICIAL PROCEEDINGS BY OR AGAINST 1
THE COMMISSION SHALL BE BROUG HT SOLELY AND EXCLUS IVELY IN A COURT OF 2
COMPETENT JURISDICTI ON WHERE THE PRINCIP AL OFFICE OF THE COMMISSION IS 3
LOCATED. THE COMMISSION MAY WAIVE VENUE AND JURISDICTI ONAL DEFENSES 4
TO THE EXTENT IT ADO PTS OR CONSENTS TO P ARTICIPATE IN ALT ERNATIVE 5
DISPUTE RESOLUTION P ROCEEDINGS . NOTHING HEREIN SHALL AFFECT OR LIMIT 6
THE SELECTION OR PRO PRIETY OF VENUE IN A NY ACTION AGAINST A LICENSEE FOR 7
PROFESSIONAL MALPRAC TICE, MISCONDUCT , OR ANY SUCH SIMILAR MATTER. 8
(3) THE COMMISSION SHALL BE E NTITLED TO RECEIVE SERVICE OF 9
PROCESS IN ANY PROCE EDING REGARDING THE ENFORCEMENT OR 10
INTERPRETATION OF TH E COMPACT OR COMMISSION RULE AND S HALL HAVE 11
STANDING TO INTERVEN E IN SUCH A PROCEEDI NG FOR ALL PURPOSES . FAILURE TO 12
PROVIDE THE COMMISSION SERVICE OF PROCESS SHALL RENDER A JUDGM ENT OR 13
ORDER VOID AS TO THE COMMISSION, THIS COMPACT, OR PROMULGATED RULES . 14
(B) (1) IF THE COMMISSION DETERMINES THAT A PARTICIPATING STATE 15
HAS DEFAULTED IN THE PERFORMANCE OF ITS O BLIGATIONS OR RESPON SIBILITIES 16
UNDER THIS COMPACT O R THE PROMULGATED RU LES, THE COMMISSION SHALL 17
PROVIDE WRITTEN NOTI CE TO THE DEFAULTING STATE. THE NOTICE OF DEFAULT 18
SHALL DESCRIBE THE D EFAULT, THE PROPOSED MEANS O F CURING THE DEFAULT , 19
AND ANY OTHER ACTION THAT THE COMMISSION MAY TAKE , AND SHALL OFFER 20
TRAINING AND SPECIFIC T ECHNICAL ASSISTANCE REGARDING THE DEFAUL T. 21
(2) THE COMMISSION SHALL PROV IDE A COPY OF THE NO TICE OF 22
DEFAULT TO THE OTHER PARTICIPATING STATES . 23
(C) IF A STATE IN DEFAULT FAILS TO CURE THE DE FAULT, THE DEFAULTING 24
STATE MAY BE TERMI NATED FROM THE COMPACT UPON AN AFFIR MATIVE VOTE OF 25
A MAJORITY OF THE CO MMISSIONERS , AND ALL RIGHTS, PRIVILEGES, AND BENEFITS 26
CONFERRED ON THAT ST ATE BY THIS COMPACT MAY BE TERMIN ATED ON THE 27
EFFECTIVE DATE OF TE RMINATION. A CURE OF THE DEFAULT DOES NOT RELI EVE 28
THE OFFENDING STATE OF OBLIGATIONS OR LI ABILITIES INCURRED D URING THE 29
PERIOD OF DEFAULT . 30
(D) TERMINATION OF PARTIC IPATION IN THE COMPACT SHALL BE IMPO SED 31
ONLY AFTER ALL OTHER MEANS OF SECURING CO MPLIANCE HAVE BEEN 32
EXHAUSTED. NOTICE OF INTENT TO S USPEND OR TERMINATE SHA LL BE GIVEN BY 33
THE COMMISSION TO THE GOV ERNOR, THE MAJORITY AND MIN ORITY LEADERS OF 34
THE DEFAULTING STATE ’S LEGISLATURE , THE DEFAULTING STATE ’S STATE 35
LICENSING AUTHORITY OR AUTHORITIES , AS APPLICABLE , AND EACH OF THE 36
PARTICIPATING STATES ’ STATE LICENSING AUTH ORITY OR AUTHORITIES , AS 37
APPLICABLE. 38 HOUSE BILL 45 27
(E) A STATE THAT HAS BEEN TERMINATED IS RESPON SIBLE FOR ALL 1
ASSESSMENTS , OBLIGATIONS, AND LIABILITIES INCU RRED THROUGH THE 2
EFFECTIVE DATE OF TE RMINATION, INCLUDING OBLIGATION S THAT EXTEND 3
BEYOND THE EFFECTIVE DATE OF TERMINATION . 4
(F) UPON THE TERMINATION OF A STATE ’S PARTICIPATION IN T HIS 5
COMPACT, THAT STATE SHALL IMM EDIATELY PROVIDE NOT ICE TO ALL LICENSEES 6
OF THE STATE, INCLUDING LICENSEES OF OTHER PARTICIPATI NG STATES ISSUED A 7
COMPACT PRIVI LEGE TO PRACTICE WIT HIN THAT STATE , OF SUCH TERMINATION . 8
THE TERMINATED STATE SHALL CONTINUE TO RE COGNIZE ALL COMPACT 9
PRIVILEGES THEN IN E FFECT IN THAT STATE FOR A MINIMUM OF ONE HUNDRED 10
EIGHTY (180) DAYS AFTER THE DATE OF SAID NOTICE OF TE RMINATION. 11
(G) THE COMMISSION SHALL NOT BEAR ANY COSTS RELAT ED TO A STATE 12
THAT IS FOUND TO BE IN DEFAULT OR THAT H AS BEEN TERMINATED F ROM THE 13
COMPACT, UNLESS AGREED UPON I N WRITING BETWEEN TH E COMMISSION AND THE 14
DEFAULTING STATE . 15
(H) THE DEFAULTING STATE MAY APPEAL THE ACTIO N OF THE COMMISSION 16
BY PETITIONING THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF 17
COLUMBIA OR THE FEDER AL DISTRICT WHERE TH E COMMISSION HAS ITS 18
PRINCIPAL OFFICES . THE PREVAILING PARTY SHALL BE AWARDED ALL COSTS OF 19
SUCH LITIGATION , INCLUDING REASONABLE ATTORNEY’S FEES. 20
(I) (1) UPON REQUEST BY A PAR TICIPATING STATE , THE COMMISSION 21
SHALL ATTEMPT TO RES OLVE DISPUTES RELATE D TO THE COMPACT THAT ARISE 22
AMONG PARTICIPATING STATES AND BETWEEN P ARTICIPATING STATES AND 23
NONPARTICIPATING STA TES. 24
(2) THE COMMISSION SHALL PROM ULGATE A RULE PROVID ING FOR 25
BOTH MEDIATION AND B INDING DISPUTE RESOL UTION FOR DISPUTES A S 26
APPROPRIATE . 27
(J) (1) THE COMMISSION, IN THE REASONABLE EX ERCISE OF ITS 28
DISCRETION, SHALL ENFORCE THE PR OVISIONS OF THIS COMPACT AND THE 29
COMMISSION’S RULES. 30
(2) BY MAJORITY VOTE , THE COMMISSION MAY INITIA TE LEGAL 31
ACTION AGAINST A PAR TICIPATING STATE IN DEFAULT IN THE UNITED STATES 32
DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR THE FEDER AL DISTRICT 33
WHERE THE COMMISSION HAS ITS PR INCIPAL OFFICES TO E NFORCE COMPLIANC E 34
WITH THE PROVISIONS OF THE COMPACT AND ITS PROMU LGATED RULES . THE 35 28 HOUSE BILL 45
RELIEF SOUGHT MAY IN CLUDE BOTH INJUNCTIV E RELIEF AND DAMAGES . IN THE 1
EVENT JUDICIAL ENFOR CEMENT IS NECESSARY , THE PREVAILING PARTY SHALL BE 2
AWARDED ALL COSTS OF SUCH LITIGATION , INCLUDING REASONABLE ATTORNEY ’S 3
FEES. THE REMEDIES HEREIN S HALL NOT BE THE EXCL USIVE REMEDIES OF TH E 4
COMMISSION. THE COMMISSION MAY PURSUE ANY OTHER REMEDIES A VAILABLE 5
UNDER FEDERAL OR THE DEFAULTING PARTICIPA TING STATE’S LAW. 6
(3) A PARTICIPATING STATE MAY INITIATE LEGAL ACTION AGA INST 7
THE COMMISSION IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF 8
COLUMBIA OR THE FEDER AL DISTRICT WHERE TH E COMMISSION HAS ITS 9
PRINCIPAL OFFICES TO ENFORCE COMPLIANCE W ITH THE PROVISIONS O F THE 10
COMPACT AND ITS PROMU LGATED RUL ES. THE RELIEF SOUGHT MAY INCLUDE BOTH 11
INJUNCTIVE RELIEF AN D DAMAGES . IN THE EVENT JUDICIAL ENFORCEMENT IS 12
NECESSARY, THE PREVAILING PARTY SHALL BE AWARDED ALL COSTS OF SUCH 13
LITIGATION, INCLUDING REASONABLE ATTORNEY’S FEES. 14
(4) NO INDIVIDUAL OR ENTI TY OTHER THAN A PARTICI PATING STATE 15
MAY ENFORCE THIS COMPACT AGAINST THE COMMISSION. 16
SECTION 11. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT. 17
(A) (1) THE COMPACT SHALL COME IN TO EFFECT ON THE DAT E ON 18
WHICH THE COMPACT STATUTE IS EN ACTED INTO LAW IN TH E SEVENTH 19
PARTICIPATING STATE . 20
(2) (I) ON OR AFTER THE EFFEC TIVE DATE OF THE COMPACT, THE 21
COMMISSION SHALL CONV ENE AND REVIEW THE E NACTMENT OF EACH OF THE 22
STATES THAT ENACTED THE COMPACT PRIOR TO THE COMMISSION CONVENING 23
(“CHARTER PARTICIPATING STATES”) TO DETERMINE IF THE STAT UTE ENACTED BY 24
EACH SUCH CHARTER PARTICIPATING STATE IS MATERIALLY D IFFERENT THAN THE 25
MODEL COMPACT. 26
(II) A CHARTER PARTICIPATING STATE WHOSE ENACTMENT IS 27
FOUND TO BE MATERIAL LY DIFFERENT FROM TH E MODEL COMPACT SHALL BE 28
ENTITLED TO THE DEFAULT PROCESS SET FORTH IN SECTION 10 OF THIS COMPACT. 29
(III) IF ANY PARTICIPATING STATE IS LATER FOUND TO BE IN 30
DEFAULT, OR IS TERMINATED OR WITHDRAWS FROM THE COMPACT, THE 31
COMMISSION SHALL REMA IN IN EXISTENCE AND THE COMPACT SHALL REMAIN IN 32
EFFECT EVEN IF THE NUM BER OF PARTICIPATING STATES SHOULD BE LES S THAN 33
SEVEN (7). 34
HOUSE BILL 45 29
(3) PARTICIPATING STATES ENACTING THE COMPACT SUBSEQUENT 1
TO THE CHARTER PARTICIPATING STATES SHALL BE SUBJE CT TO THE PROCESS SE T 2
FORTH IN SECTION 7(C) OF THIS COMPACT TO DET ERMINE IF THEIR ENAC TMENTS 3
ARE MATERIALLY DIFFE RENT FROM THE MODEL COMPACT AND WHETHER T HEY 4
QUALIFY FOR PARTICIP ATION IN THE COMPACT. 5
(4) ALL ACTIONS TAKEN FOR THE BENEFIT OF THE COMMISSION OR 6
IN FURTHERANCE OF TH E PURPOSES OF THE AD MINISTRATION OF THE COMPACT 7
PRIOR TO THE EFFECTI VE DATE OF THE COMPACT OR THE COMMISSION COMING 8
INTO EXISTENCE SHALL BE CONSIDERED TO BE ACTIONS OF THE COMMISSION 9
UNLESS SPECIFICALLY REPUDIATED BY THE COMMISSION. 10
(5) ANY STATE THAT JOINS THE COMPACT SUBSEQUENT TO THE 11
COMMISSION’S INITIAL ADOPTION O F THE RULES AND BYLA WS SHALL BE SUBJECT 12
TO THE COMMISSION’S RULES AND BYLAWS A S THEY EXIST ON THE DATE ON WHICH 13
THE COMPACT BECOMES LAW I N THAT STATE . ANY RULE THAT HAS BEE N 14
PREVIOUSLY ADOPTED B Y THE COMMISSION SHALL HAVE THE FULL FORCE AND 15
EFFECT OF LAW ON THE DAY THE COMPACT BECOMES LAW I N THAT STATE. 16
(B) (1) ANY PARTICIPATING STA TE MAY WITHDRAW FROM THIS 17
COMPACT BY ENACTING A STATUTE REPEALING TH AT STATE’S ENACTMENT OF THE 18
COMPACT. 19
(2) A PARTICIPATING STATE ’S WITHDRAWAL SHALL NOT TAKE 20
EFFECT UNTIL ONE HUN DRED EIGHTY (180) DAYS AFTER ENACTMENT OF THE 21
REPEALING STATUTE . 22
(3) WITHDRAWAL SHALL NOT AFFECT THE CONTINUIN G 23
REQUIREMENT OF THE W ITHDRAWING STATE ’S LICENSING AUTHORIT Y OR 24
AUTHORITIES TO COMPL Y WITH THE INVESTIGA TIVE AND ADVERSE ACT ION 25
REPORTING REQUIREMEN TS OF THIS COMPACT PRIOR TO THE EFFECTIVE DATE OF 26
WITHDRAWAL . 27
(4) UPON THE ENACTMENT OF A STATUTE WITHDRAWIN G FROM THIS 28
COMPACT, THE STATE SHALL IMME DIATELY PROVIDE NOTI CE OF SUCH 29
WITHDRAWAL TO ALL LI CENSEES WITHIN THAT STATE. NOTWITHSTANDING ANY 30
SUBSEQUENT STATUTORY ENACTMENT TO THE CON TRARY, SUCH WITHDRAWING 31
STATE SHALL CONTINUE TO REC OGNIZE ALL COMPACT P RIVILEGES TO PRACTIC E 32
WITHIN THAT STATE GR ANTED PURSUANT TO TH IS COMPACT FOR A MINIMUM OF 33
ONE HUNDRED EIGHTY (180) DAYS AFTER THE DATE OF SUCH NOTICE OF 34
WITHDRAWAL . 35
30 HOUSE BILL 45
(C) NOTHING CONTAINED IN THIS COMPACT SHALL BE C ONSTRUED TO 1
INVALIDATE OR PREVEN T ANY LICENSURE AGRE EMENT OR OTHER COOPE RATIVE 2
ARRANGEMENT BETWEEN A PARTICIPATING STAT E AND A NONPARTICIPA TING 3
STATE THAT DOES NOT CONFLICT WITH THE PR OVISIONS OF THIS COMPACT. 4
(D) THIS COMPACT MAY BE AMENDE D BY THE PART ICIPATING STATES . NO 5
AMENDMENT TO THIS COMPACT SHALL BECOME EFFECTIVE AND BINDIN G UPON 6
ANY PARTICIPATING ST ATE UNTIL IT IS ENAC TED INTO THE LAWS OF ALL 7
PARTICIPATING STATES . 8
SECTION 12. CONSTRUCTION AND SEVERABILITY. 9
(A) THIS COMPACT AND THE COMMISSION’S RULEMAKING AUTHORI TY 10
SHALL BE LIBERALLY C ONSTRUED SO AS TO EF FECTUATE THE PURPOSE S AND THE 11
IMPLEMENTATION AND A DMINISTRATION OF THE COMPACT. PROVISIONS OF THE 12
COMPACT EXPRESSLY AUT HORIZING OR REQUIRIN G THE PROMULGATION O F RULES 13
SHALL NOT BE CONSTRU ED TO LIMIT THE COMMISSION’S RULEMAKING AUTHORI TY 14
SOLELY FOR THOSE PUR POSES. 15
(B) THE PROVISIONS OF THI S COMPACT SHALL BE SEVE RABLE AND IF ANY 16
PHRASE, CLAUSE, SENTENCE, OR PROVISION OF THIS COMPACT IS HELD BY A COURT 17
OF COMPETENT JURISDI CTION TO BE CONTRARY TO THE CONSTITUTION O F ANY 18
PARTICIPATING STATE , A STATE SEEKING PART ICIPATION IN THE COMPACT, OR OF 19
THE UNITED STATES, OR THE APPLICABILITY THEREOF TO ANY GOVER NMENT, 20
AGENCY, PERSON, OR CIRCUMSTANCE IS H ELD TO BE UNCONSTITU TIONAL BY A 21
COURT OF COMPETENT J URISDICTION, THE VALIDITY OF THE REMAINDER OF THIS 22
COMPACT AND THE APPLI CABILITY THEREOF TO ANY OTHER GOVERNMENT , 23
AGENCY, PERSON, OR CIRCUMSTANCE SHAL L NOT BE AFFECTED TH EREBY. 24
(C) NOTWITHSTANDING SUBSE CTION (B) OF THIS SECTION , THE 25
COMMISSION MAY DENY A STATE’S PARTICIPATION IN T HE COMPACT OR , IN 26
ACCORDANCE WITH THE REQUIREMENTS OF SECTION 10(B) OF THIS COMPACT, 27
TERMINATE A PARTICIP ATING STATE’S PARTICIPATION IN T HE COMPACT, IF IT 28
DETERMINES THAT A CO NSTITUTIONAL REQUIRE MENT OF A PARTICIPAT ING STATE 29
IS A MATERIAL DEPARTURE F ROM THE COMPACT. OTHERWISE, IF THIS COMPACT 30
SHALL BE HELD TO BE CONTRARY TO THE CONS TITUTION OF ANY PART ICIPATING 31
STATE, THE COMPACT SHALL REMAIN IN FULL FORCE AND EF FECT AS TO THE 32
REMAINING PARTICIPAT ING STATES AND IN FU LL FORCE AND EF FECT AS TO THE 33
PARTICIPATING STATE AFFECTED AS TO ALL S EVERABLE MATTERS . 34
SECTION 13. CONSISTENT EFFECT AND CONFLICT WITH OTHER 35
STATE LAWS. 36
HOUSE BILL 45 31
(A) NOTHING HEREIN SHALL PREVENT OR INHIBIT T HE ENFORCEMENT OF 1
ANY OTHER LAW OF A P ARTICIPATING STATE T HAT IS NOT INCONSISTENT WITH TH E 2
COMPACT. 3
(B) ANY LAWS , STATUTES, REGULATIONS , OR OTHER LEGAL 4
REQUIREMENTS IN A PA RTICIPATING STATE IN CONFLICT WITH THE COMPACT ARE 5
SUPERSEDED TO THE EX TENT OF THE CONFLICT . 6
(C) ALL PERMISSIBLE AGREE MENTS BETWEEN THE COMMISSION AND THE 7
PARTICIPATING STATES ARE BINDING IN ACCOR DANCE WITH THEIR TER MS. 8
SECTION 2. AND BE IT FURTHER ENACTED, That this Act is contingent on the 9
enacting of substantially similar legislation in seven other states. The Maryland 10
Department of Health shall notify the Department of Legislative Services within 10 days 11
after seven states have enacted legislation that is substantially similar to this Act. 12
SECTION 3. AND BE IT FURTHER ENACTED, That, subject to Section 2 of this 13
Act, this Act shall take effect October 1, 2025. 14