Maryland 2025 Regular Session

Maryland House Bill HB534 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0534
6	6
7	7	HOUSE BILL 534
8	8	J2 5lr2390
9	9	CF 5lr2601
10	10	By: Delegates Hill, Boafo, Harrison, Kipke, McComas, Phillips, Rogers, Ruff,
11	11	Simmons, Toles, and White Holland
12	12	Introduced and read first time: January 22, 2025
13	13	Assigned to: Health and Government Operations
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Interstate Dental and Dental Hygiene Licensure Compact 2
20	20
21	21	FOR the purpose of entering into the Interstate Dental and Dental Hygiene Licensure 3
22	22	Compact; authorizing a dentist or dental hygienist to practice in a member state; 4
23	23	establishing the Interstate Dental and Dental Hygiene Compact Licensure 5
24	24	Commission to oversee the Compact and establishing the Commission’s powers and 6
25	25	duties; and generally relating to the Interstate Dental and Dental Hygiene Licensure 7
26	26	Compact. 8
27	27
28	28	BY adding to 9
29	29	Article – Health Occupations 10
30	30	Section 4–3A–01 to be under the new subtitle “Subtitle 3A. Interstate Dental and 11
31	31	Dental Hygiene Licensure Compact” 12
32	32	Annotated Code of Maryland 13
33	33	(2021 Replacement Volume and 2024 Supplement) 14
34	34
35	35	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
36	36	That the Laws of Maryland read as follows: 16
37	37
38	38	Article – Health Occupations 17
39	39
40	40	SUBTITLE 3A. INTERSTATE DENTAL AND DENTAL HYGIENE LICENSURE 18
41	41	COMPACT. 19
42	42
43	43	4–3A–01. 20
44	44
45	45	THE INTERSTATE DENTAL AND DENTAL HYGIENE LICENSURE COMPACT IS 21
46	46	HEREBY ENACTED INTO LAW AND THE GOVERNOR SHALL ENTER INTO A COMPACT 22 2 HOUSE BILL 534
47	47
48	48
49	49	ON BEHALF OF THE STATE OF MARYLAND WITH ANY JURISDICTIO N LEGALLY 1
50	50	JOINED THEREIN , IN THE FORM SUBSTANTIALLY A S SET FORTH IN THIS ACT. 2
51	51
52	52	SECTION 1. PURPOSE 3
53	53
54	54	THIS COMPACT SHALL BE KNOW N AS THE INTERSTATE DENTAL AND DENTAL 4
55	55	HYGIENE LICENSURE COMPACT AND THE PURPO SE OF THE COMPACT IS TO 5
56	56	EXPEDITE LICENSURE A ND INCREASE ACCESS T O DENTAL HEALTH CARE THROUGH 6
57	57	LICENSURE BOARDS ACT ING IN COOPERATION . THE COMPACT ADOPTS THE 7
58	58	EXISTING STRUCTURES MOST UTILIZED BY DENTAL BOARDS ACROSS THE UNITED 8
59	59	STATES, WHILE ENSURING THE S AFETY OF THE PUBLIC THROUGH THE SHARING OF 9
60	60	DOCUMENTS AND INFORM ATION. THIS COMPACT ENSUR ES THAT EACH STATE 10
61	61	RETAINS THE RIGHT TO IMPOSE AN ADVERSE AC TION ON A LICENSEE A S A HOME 11
62	62	STATE OR AS A PRACTI CING STATE. EACH STATE HAS AN OPP ORTUNITY TO SHARE 12
63	63	INVESTIGATIONS AND I NFORMATION WITH THE HOME STATE OF LICENS URE. THE 13
64	64	COMPACT IS OPERATED B Y STATE DENTAL BOARD MEMBE RS, ADMINISTRATORS 14
65	65	AND OTHER STAFF , THUS ALLOWING FOR EA CH STATE TO MAINTAIN ITS 15
66	66	SOVEREIGNTY . 16
67	67
68	68	THE COMPACT: 17
69	69
70	70	(A) ALLOWS FOR EXPEDITED LICENSURE PORTABILIT Y AND EASE OF 18
71	71	MOVEMENT OF LICENSEE S BETWEEN STATES ; 19
72	72
73	73	(B) ALLOWS EACH STATE TO CONTINUE TO REGULATE THE PRACTICE OF 20
74	74	DENTISTRY AND DENTAL HYGIENE WITHIN ITS B ORDERS; 21
75	75
76	76	(C) CREATES A COMMON GOAL OF PROTECTING THE PU BLIC BY ENSURING 22
77	77	A UNIFORM LICENSURE STANDARD AND SHARING OF INFORMATION IN TH E 23
78	78	COMPACT; 24
79	79
80	80	(D) ALLOWS FOR LICENSURE IN EVERY PARTICIPATING STATE BY 25
81	81	REQUIRING PASSAGE OF THE UNIFORM LICENSUR E EXAMINATION THAT ASS ESSES 26
82	82	PSYCHOMOTOR AND COGN ITIVE DENTAL SKILLS AND IS CURRENTLY ACC EPTED IN 27
83	83	FIFTY (50) STATE LICENSING JURI SDICTIONS AND UNITED STATES TERRITORIES ; 28
84	84
85	85	(E) GIVES LICENSEES ONE (1) LOCATION TO MAINTAIN PROFESSIONAL 29
86	86	DOCUMENTATION TO EXP EDITE LICENSE TRANSF ERS IN STATES, HOSPITALS OR 30
87	87	INSTITUTIONAL CREDEN TIALING; 31
88	88
89	89	(F) FACILITATES A FASTER LICENSURE PROCESS FO R RELOCATION OR 32
90	90	SEPARATION OF MILITA RY MEMBERS AND THEIR DEPENDEN T SPOUSES; THERE ARE 33
91	91	NO COMPACT FEES FOR MILITA RY MEMBERS OR THEIR SPOUSES; 34 HOUSE BILL 534 3
92	92
93	93
94	94
95	95	(G) ALLEVIATES A DUPLICAT IVE PROCESS FOR LICE NSURE AMONG 1
96	96	MULTIPLE STATES ; AND 2
97	97
98	98	(H) SAVES APPLICANTS MONE Y BY NOT HAVING TO O BTAIN DUPLICATE 3
99	99	DOCUMENTS FROM A SOU RCE THAT CHARGE S FOR THE DOCUMENTS . 4
100	100
101	101	SECTION 2. DEFINITIONS 5
102	102
103	103	(A) “AADB” MEANS THE AMERICAN ASSOCIATION OF DENTAL BOARDS 6
104	104	(AADB) OR ITS NAMED SUCCESS OR, FORMERLY KNOWN AS TH E AMERICAN 7
105	105	ASSOCIATION OF DENTAL EXAMINERS (AADE), ORIGINALLY CHARTERED ON 8
106	106	SEPTEMBER 10TH, 1896 AND RENEWED IN 1944, COMPRISING STATE DENTAL 9
107	107	BOARDS IN THE UNITED STATES AND ITS TERRIT ORIES; 10
108	108
109	109	(B) “ATTORNEYS’ COMMITTEE” MEANS THE COMMITTEE OF ATTORNEYS 11
110	110	WHO CURRENTLY REPRES ENT A MEMBER STATE DENTAL BOARD; THE ATTORNEYS’ 12
111	111	COMMITTEE SHALL DESIG NATE ONE OF IT S MEMBERS TO PARTICI PATE IN THE 13
112	112	COMMISSION AS A NON –VOTING MEMBER . AN ATTORNEY THAT HAS PREVIOUSLY 14
113	113	SERVED AS AN ATTORNE Y FOR A MEMBER STATE DENTAL BOARD MAY BE INVITED 15
114	114	ON A YEAR–TO–YEAR BASIS TO SERVE ON THE ATTORNEYS’ COMMITTEE IF THEY 16
115	115	HAVE NOT ENGAGED IN AN OFFICIAL CASE AGA INST A STATE DENTAL BOARD OR 17
116	116	HAVE ANY OTHER CONFL ICT OF INTEREST . THE ATTORNEYS’ COMMITTEE MAY 18
117	117	ASSIST THE INVESTIGA TORS IN WORKING THRO UGH JOINT INVESTIGAT ION ISSUES 19
118	118	BETWEEN STATES ; 20
119	119
120	120	(C) “ACTIVE–DUTY MILITARY PERSON OR SPOUSE” MEANS A LICENSEE IN 21
121	121	FULL–TIME ACTIVE–DUTY STATUS IN THE A CTIVE UNIFORMED SERV ICES OF THE 22
122	122	UNITED STATES, INCLUDING MEMBERS OF THE NATIONAL GUARD AND RESERVES. 23
123	123	THE LEGAL SPOUSE OF THE MILITARY MEMBER MUST BE RECOGNIZED BY THE 24
124	124	MILITARY UNIT AS A D EPENDENT WHILE THE SERVICE MEMBER IS ON ACTIVE DUTY. 25
125	125	SPOUSES SHALL RECEIVE THE SAME PRIVILEGES AS MILITARY MEMBERS FOR THE 26
126	126	PURPOSE OF THIS COMPACT; 27
127	127
128	128	(D) “ACTIVE INVESTIGATION ” MEANS AN ACTIVE INVE STIGATION 28
129	129	POTENTIALLY RESULTIN G IN FORMAL ALLEGATI ONS OR CHARGES PRECI PITATING 29
130	130	A JUDICIAL PROCESS B Y A STATE DENTAL BOARD, OVERSIGHT AGENCY , OR OTHER 30
131	131	LAW ENFORCEMENT ENTI TY; 31
132	132
133	133	(E) “ADVERSE ACTION” MEANS AN ORDER ISSUE D BY A STATE DENTAL 32
134	134	BOARD OR REPORTED TO THE CLEARINGHOUSE PU RSUANT TO THE COMMISSION’S 33
135	135	BYLAWS AND RULES THAT DISCIPLINES A LICENSEE. ADVERSE ACTION INCLUDES , 34
136	136	AND IS NOT LIMITED T O, THE SUSPENSION , LIMITING, OR REVOCATION OF A 35 4 HOUSE BILL 534
137	137
138	138
139	139	LICENSE OR COMPACT LICENSE PRIVILEGE; THE IMPOSITION OF FE ES AND 1
140	140	SANCTIONS; AND ANY TEMPORARY EM ERGENCY ORDER THAT M AY BE LATER 2
141	141	WITHDRAWN BY A BOARD; 3
142	142
143	143	(F) “ADEX EXAMINATION ” MEANS THE INITIAL LI CENSURE EXAMINATIONS 4
144	144	DEVELOPED BY THE AMERICAN BOARD OF DENTAL EXAMINERS, INC. OR ITS 5
145	145	SUCCESSOR; 6
146	146
147	147	(G) “BYLAWS” MEANS THE BYLAWS PAS SED BY THE COMMISSION OR ITS 7
148	148	NAMED SUCCESSOR COMM ISSION; 8
149	149
150	150	(H) “CLEARINGHOUSE ” MEANS THE CLEARINGHO USE AND DATABANK THA T 9
151	151	HOUSES PRIOR ADVERSE ACTION DOCUMENTATIONS , ORDERS, AND DENIALS OF 10
152	152	LICENSURE OR PERMITS FROM STATE DENTAL BOARDS THAT IS ADMINI STERED BY 11
153	153	THE AADB OR ITS SUCCESSOR ; 12
154	154
155	155	(I) “CODA” MEANS THE COMMISSION ON DENTAL ACCREDITATION OR ITS 13
156	156	SUCCESSOR AS APPROVE D BY THE UNITED STATES DEPARTMENT OF EDUCATION; 14
157	157
158	158	(J) “COMMISSION” MEANS THE INTERSTATE DENTAL AND DENTAL 15
159	159	HYGIENE COMPACT LICENSURE COMMISSION CR EATED PURSUANT TO SECTION 3 16
160	160	OF THIS ACT; 17
161	161
162	162	(K) “COMMISSIONERS ” MEANS THE TWO (2) MEMBERS CHOSEN BY EA CH 18
163	163	MEMBER STATE DENTAL BOARD TO SERVE AS THE VOTING MEMBERS OF TH E 19
164	164	COMMISSION; 20
165	165
166	166	(L) “COMPACT” MEANS THE INTERSTATE DENTAL AND DENTAL HYGIENE 21
167	167	LICENSURE COMPACT CREATED PURSUAN T TO SECTION 3 OF THIS ACT; 22
168	168
169	169	(M) “COMPACT LICENSE PRIVILEGE” MEANS THE EXPEDITED DENTAL OR 23
170	170	DENTAL HYGIENE LICEN SE TO PRACTICE IN A MEMBER STATE THAT IS NOT THE 24
171	171	LICENSEE’S HOME STATE; 25
172	172
173	173	(N) “CONVICTION” MEANS AN ADJUDICATIO N OR FORMAL JUDGMENT BY A 26
174	174	COURT THAT AN INDIVI DUAL IS GUILTY THROU GH A PLEA OF GUILTY OR NO 27
175	175	CONTEST, OR A FINDING OF GUIL T BY THE COURT . EVIDENCE OF A CONVICT ION OF 28
176	176	A CRIMINAL OFFENSE BY A COURT SHALL BE CONSI DERED FINAL FO R THE 29
177	177	PURPOSES OF CONSIDER ING OR IMPOSING DISC IPLINARY ACTION BY A MEMBER 30
178	178	STATE DENTAL BOARD; 31
179	179
180	180	(O) “CRIMINAL BACKGROUND C HECK” MEANS A CRIMINAL BAC KGROUND 32
181	181	CHECK USING THE RESU LTS OF FINGERPRINT O R OTHER BIOMETRIC DA TA CHECKS 33 HOUSE BILL 534 5
182	182
183	183
184	184	COMPLIANT WITH THE R EQUIREMEN TS OF THE FEDERAL BUREAU OF 1
185	185	INVESTIGATION , WITH THE EXCEPTION O F FEDERAL EMPLOYEES WHO HAVE 2
186	186	SUITABILITY DETERMIN ATION IN ACCORDANCE WITH 5 C.F.R. 731.202; 3
187	187
188	188	(P) “DENTAL HYGIENIST ” MEANS ANY PERSON WHO : 4
189	189
190	190	1. HAS SUCCESSFULLY GRAD UATED FROM A CODA–APPROVED 5
191	191	DENTAL HYGIENE SCHOO L; 6
192	192
193	193	2. HAS SUCCESSFULLY PASS ED THE ADEX DENTAL HYGIENE 7
194	194	LICENSURE EXAMINATIO N, OR HAS BEEN IN PRACT ICE 5 YEARS OR MORE AND HA S 8
195	195	SUCCESSFULLY PASSED A REGIONAL BOARD EXAMINATION OR EQUIVA LENT 9
196	196	STATE–ADMINISTERED PSYCHOM OTOR LICENSURE EXAM INATION PRIOR TO 10
197	197	JANUARY 1, 2024; 11
198	198
199	199	3. HAS SUCCESSFULLY PASS ED THE WRITTEN NATIO NAL DENTAL 12
200	200	HYGIENE BOARD EXAMIN ATION ADMINISTERED B Y THE JOINT COMMISSION ON 13
201	201	NATIONAL DENTAL EXAMINATIONS ; 14
202	202
203	203	4. POSSESSES A FULL AND UNRESTRICTED DENTAL HYGIENE 15
204	204	LICENSE ISSUED BY A MEMBER STATE; 16
205	205
206	206	5. HAS NEVER BEEN CONVIC TED OR RECEIVED ADJU DICATION, 17
207	207	DEFERRED ADJUDICATIO N, COMMUNITY SUPERVISIO N OR DEFERRED DISPOS ITION 18
208	208	FOR ANY OFFENSE (OTHER THAN TRAFFIC O FFENSES) BY A COURT OF APPROP RIATE 19
209	209	JURISDICTION; 20
210	210
211	211	6. HAS NEVER BEEN A SUBJECT OF DI SCIPLINE BY A LICENSING 21
212	212	AGENCY THROUGH ANY ADVERSE ACTION, ORDER, OR OTHER RESTRICTION OF THE 22
213	213	LICENSEE BY A LICENSING AGENCY, WITH THE EXCEPTION O F FAILURE TO PAY 23
214	214	FEES OR FAILURE TO C OMPLETE CONTINUING E DUCATION; 24
215	215
216	216	7. IS NOT CURRENTLY UNDER ACTIVE INVESTIGATION BY A 25
217	217	LICENSING AGENCY OR LAW ENFORCE MENT AUTHORITY IN AN Y STATE, FEDERAL 26
218	218	OR FOREIGN JURISDICT ION; AND 27
219	219
220	220	8. MEETS ANY JURISPRUDEN CE REQUIREMENT ESTAB LISHED BY A 28
221	221	MEMBER STATE DENTAL BOARD OF A MEMBER STATE IN WHICH A LICENSEE IS 29
222	222	SEEKING A COMPACT LICENSE PRIVILEGE. 30
223	223
224	224	(Q) “DENTAL PRACTICE ACT” MEANS THE LAWS AND R EGULATIONS 31
225	225	GOVERNING THE PRACTI CE OF DENTISTRY WITH IN A MEMBER STATE; 32
226	226	6 HOUSE BILL 534
227	227
228	228
229	229	(R) “DENTIST” MEANS ANY PERSON WHO : 1
230	230
231	231	1. HAS SUCCESSFULLY GRAD UATED FROM A CODA–APPROVED 2
232	232	DENTAL SCHOOL; 3
233	233
234	234	2. HAS SUCCESSFULLY PASS ED THE ADEX DENTAL LICENSURE 4
235	235	EXAM; OR HAS BEEN IN PRACT ICE 5 YEARS OR MORE AND HA S SUCCESSFULLY 5
236	236	PASSED A REGIONAL BOARD EXAMINATION OR EQUIVA LENT STATE–ADMINISTERED 6
237	237	PSYCHOMOTOR LICENSUR E EXAMINATION PRIOR TO JANUARY 1, 2024; 7
238	238
239	239	3. HAS SUCCESSFULLY PASS ED THE WRITTEN NATIONAL DENTAL 8
240	240	BOARD EXAM ADMINISTERED BY THE JOINT COMMISSION ON NATIONAL DENTAL 9
241	241	EXAMINATIONS ; 10
242	242
243	243	4. POSSESSES A FULL AND UNRESTRICTED DENTAL LICENSE ISSUED 11
244	244	BY A MEMBER STATE DENTAL BOARD; 12
245	245
246	246	5. HAS NEVER B EEN CONVICTED OR REC EIVED ADJUDICATION , 13
247	247	DEFERRED ADJUDICATIO N, COMMUNITY SUPERVISIO N, OR DEFERRED DISPOSIT ION 14
248	248	FOR ANY OFFENSE (OTHER THAN TRAFFIC O FFENSES) BY A COURT OF APPROP RIATE 15
249	249	JURISDICTION; 16
250	250
251	251	6. HAS NEVER BEEN A SUBJ ECT OF DISCIPLINE BY A LICENSING 17
252	252	AGENCY THROUGH ANY ADVERSE ACTION, ORDER, OR OTHER RESTRICTION OF THE 18
253	253	LICENSEE BY A LICENSING AGENCY, WITH THE EXCEPTION O F FAILURE TO PAY 19
254	254	FEES OR FAILURE TO C OMPLETE CONTINUING E DUCATION; 20
255	255
256	256	7. HAS NEVER HAD A STATE OR FEDERAL DRUG REGI STRATION, 21
257	257	PERMIT, OR LICENSE RESTRICTE D, SUSPENDED, OR REVOKED BY THE UNITED 22
258	258	STATES DRUG ENFORCEMENT ADMINISTRATION OR ANY LICENSING AGENCY THAT 23
259	259	OVERSEES SCHEDULED D RUG REGISTRATIONS ; 24
260	260
261	261	8. IS NOT CURRENTLY UNDE R ACTIVE INVESTIGATION BY A 25
262	262	LICENSING AGENCY OR LAW ENFORCE MENT AUTHORITY IN AN Y STATE, FEDERAL 26
263	263	OR FOREIGN JURISDICT ION; AND 27
264	264
265	265	9. MEETS ANY JURISPRUDEN CE REQUIREMENT ESTAB LISHED BY A 28
266	266	MEMBER STATE DENTAL BOARD IN WHICH A LICENSEE IS SEEKING A COMPACT 29
267	267	LICENSE PRIVILEGE; 30
268	268
269	269	(S) “HOME STATE” MEANS THE STATE OF P RIMARY LICENSURE OF A 31
270	270	LICENSEE; 32
271	271	HOUSE BILL 534 7
272	272
273	273
274	274	(T) “LICENSE” MEANS THE AUTHORIZAT ION BY A LICENSING AUTHORITY 1
275	275	FOR A DENTIST OR DEN TAL HYGIENIST TO ENG AGE IN THE UNRESTRIC TED 2
276	276	PRACTICE OF DENTISTRY OR DENTAL HYGIENE, WHICH WOULD BE UNLAW FUL 3
277	277	WITHOUT SUCH LICENSE ; 4
278	278
279	279	(U) “LICENSEE” MEANS A DENTIST OR DENTAL HYGIENIST WHO HOLDS A N 5
280	280	UNRESTRICTED LICENSE TO PRACTICE A S A DENTIST OR DENTA L HYGIENIST; 6
281	281
282	282	(V) “LICENSING AGENCY” MEANS THE AGENCY OR OTHER ENTITY OF A 7
283	283	STATE THAT IS RESPONS IBLE FOR THE LICENSI NG OF DENTISTS AND DENTAL 8
284	284	HYGIENISTS. IF A MEMBER STATE DENTAL BOARD HAS SUCH RESPON SIBILITY, IT 9
285	285	SHALL BE DEEMED A LICENSING AGENCY; 10
286	286
287	287	(W) “MEMBER STATE DENTAL BOARD” MEANS A STATE AGENCY IN A 11
288	288	MEMBER STATE THAT PROTECTS T HE PUBLIC THROUGH LI CENSURE, REGULATION , 12
289	289	AND THE EDUCATION OF DENTISTS AND DENTAL HYGIENIST S, AS DIRECTED BY THE 13
290	290	STATE LAW. ALL ACTIONS TAKEN BY A MEMBER STATE DENTAL BOARD SHALL BE 14
291	291	UNDER THE AUTHORITY OF THE LAWS OF ITS STATE AND ANY OTHER RIGHTS 15
292	292	CONFERRED UNDER THIS COMPACT; 16
293	293
294	294	(X) “MEMBER STATE” MEANS A STATE , THE DISTRICT OF COLOMBIA OR 17
295	295	ANY OTHER UNITED STATES TERRITORY THAT HAS ENACTED THE COMPACT; 18
296	296
297	297	(Y) “REGIONAL BOARD EXAMINATION” MEANS INITIAL LICENS URE 19
298	298	EXAMINATIONS ADMINIS TERED BY THE WESTERN REGIONAL EXAMINING BOARD 20
299	299	(WREB), THE NORTH EAST REGIONAL BOARD OF DENTAL EXAMINERS (NERB), 21
300	300	THE COMMISSION ON DENTAL COMPETENCY ASSESSMENTS (CDCA), COUNCIL OF 22
301	301	INTERSTATE TESTING AGENCIES (CITA), SOUTHERN REGIONAL TESTING AGENCY 23
302	302	(SRTA), OR CENTRAL REGIONAL DENTAL TESTING SERVICES (CRDTS) THAT 24
303	303	ASSESS PSYCHOMOTOR S KILLS. 25
304	304
305	305	(Z) “REPOSITORY” MEANS THE REPOSITORY OF ORIGINAL DOCUMENT S OF 26
306	306	A LICENSEE THAT MAY INC LUDE ORIGINAL TRANSC RIPTS, CERTIFICATION 27
307	307	DOCUMENTS , TEST SCORES, MILITARY TRAINING RE CORDS, PREVIOUS OR CURRENT 28
308	308	LICENSING DOCUMENTS AND OTHER SOURCES OF MATERIALS NEEDED FOR 29
309	309	APPLICATIONS AND VER IFICATION ADMINISTER ED BY THE AADB OR ITS 30
310	310	SUCCESSOR. THE REPOSITORY SHALL RECE IVE DOCUMENTS FROM P RIMARY OR 31
311	311	ORIGINATING SOURCES AND/OR VERIFY THEIR AUTH ENTICITY; 32
312	312
313	313	(AA) “SCOPE OF PRACTICE ” MEANS THE DENTAL –RELATED PROCEDURES 33
314	314	THAT REQUIRE A LICENSE, PERMIT, OR TRAINING, TO UNDERTAKE THE TRE ATMENT 34
315	315	AND PROCEDURE TO BE COMPLETED ON A PATIE NT WITHIN THE MEMBER STATE’S 35
316	316	REQUIREMENTS ; 36 8 HOUSE BILL 534
317	317
318	318
319	319
320	320	(BB) “STATE” MEANS A STATE WITHIN THE UNITED STATES OR A UNITED 1
321	321	STATES TERRITORY; AND 2
322	322
323	323	(CC) “STATE JURISPRUDENCE ” MEANS THE KNOWLEDGE OF A MEMBER 3
324	324	STATE’S LAWS AND RULES OF DENTISTRY AND DENTAL HYGIENE. 4
325	325
326	326	SECTION 3. COMPACT AND COMMISSION 5
327	327
328	328	(A) THE MEMBER STATES HEREBY CREATE THE INTERSTATE DENTAL AND 6
329	329	DENTAL HYGIENE LICENSURE COMPACT AND THE COMMISSION. EACH MEMBER 7
330	330	STATE MUST ENACT A CO MPACT THAT IS NOT MA TERIALLY DIFFERENT F ROM THIS 8
331	331	COMPACT, AS DETERMINED BY THE COMMISSION. 9
332	332
333	333	(B) EACH MEMBER STATE DENTAL BOARD SHALL HAVE TWO (2) VOTING 10
334	334	MEMBERS WHO SHALL SE RVE AS COMMISSIONERS . EACH COMMISSIONER SHALL 11
335	335	HAVE ONE (1) VOTE. MEMBER STATES WITH SEPARATE DENTAL AND DENTAL 12
336	336	HYGIENE LICENSING AGENCIES SHALL APPOIN T ONE (1) COMMISSIONER FROM 13
337	337	EACH LICENSING AGENC Y. ONE COMMISSIONER SHALL BE A CURRENT MEMBER OF 14
338	338	A MEMBER STATE DENTAL BOARD. COMMISSIONERS MAY NOT DELEGATE VOTES 15
339	339	OR VOTE BY PROXY , HOWEVER, IF A COMMISSIONER IS UNABL E TO ATTEND, THE 16
340	340	MEMBER STATE MAY SUBSTITUTE A COMMISSIONER WHO MEET S THE SAME 17
341	341	REQUIREMENTS . 18
342	342
343	343	(C) UPON FIVE (5) STATES JOINING THE COMPACT, THE COMPACT SHALL 19
344	344	BECOME ACTIVE . THE COMMISSION SHALL ADOP T BYLAWS UPON BECOMING 20
345	345	ACTIVE. 21
346	346
347	347	(D) THE COMMISSION SHALL MEET AT LEAST ONCE PER CA LENDAR YEAR 22
348	348	(THE “ANNUAL MEETING”) AND AT ADDITIONAL TI MES AS NECESSARY PUR SUANT 23
349	349	TO THE BYLAWS AND RULES. 24
350	350
351	351	(E) AT EACH ANNUAL MEETING, THE COMMISSION SHALL ELEC T A CHAIR, 25
352	352	VICE CHAIR, SECRETARY, AND TREASURER FROM THE ME MBERSHIP OF THE 26
353	353	COMMISSION (THE “OFFICERS”). THE OFFICERS SHALL BE MEM BERS OF THE 27
354	354	COMMISSION’S EXECUTIVE COMMITTEE (THE “EXECUTIVE COMMITTEE”). THE 28
355	355	COMMISSION SHALL ALSO ELECT REPRESENTATIVE S FROM FOUR REGIONAL 29
356	356	DISTRICTS ESTABLISHE D BY THE COMMISSION TO SERVE O N THE EXECUTIVE 30
357	357	COMMITTEE. ALL OFFICERS AND EXECUTIVE COMMITTEE REPRESENTAT IVES 31
358	358	SHALL SERVE ONE (1)–YEAR TERMS. 32
359	359
360	360	(F) QUORUM FOR PURPOSES OF C ONDUCTING BUSINESS S HALL BE A 33
361	361	MAJORITY OF COMMISSIONERS ATTENDI NG IN PERSON OR VIRT UALLY. 34 HOUSE BILL 534 9
362	362
363	363
364	364
365	365	(G) THE COMMISSION SHALL PROV IDE NOTICE OF ALL ME ETINGS ON ITS 1
366	366	WEBSITE AND IN OTHER COMMUNICATIONS TO MEMBER STATE DENTAL BOARDS. 2
367	367
368	368	(H) A VOTE OF TWO–THIRDS (2/3) OF THE COMMISSIONERS PRESENT SHALL 3
369	369	BE REQUIRED FOR AN E XECUTIVE SESSION TO DISCUSS: 4
370	370
371	371	1. ITEMS SPECIFICALLY RE LATED TO PARTICIPATI ON IN A LAWSUIT 5
372	372	OR IN ANTICIPATION O F A LEGAL PROCEEDING ; 6
373	373
374	374	2. MATTERS SPECIFICALLY EXEMPTED FROM DISCLOSURE BY 7
375	375	FEDERAL STATUTE ; 8
376	376
377	377	3. INFORMATION OR MATTER S INVOLVING LAW ENFO RCEMENT 9
378	378	AGENCIES OR INFORMAT ION THAT ACCUSES A P ERSON OF A CRIME OR A PUBLIC 10
379	379	CENSURE; 11
380	380
381	381	4. DISCUSSIONS THAT WOUL D INCLUDE INFORMATIO N OF A 12
382	382	PERSONAL NATURE THAT WOULD CONSTITUTE AN UNWARRANTED INVASION OF 13
383	383	PERSONAL PRIVACY ; 14
384	384
385	385	5. ANYTHING CONSIDERED I NTERNAL PRACTICES AN D 15
386	386	PROCEDURES OR A TRAD E SECRET; 16
387	387
388	388	6. OTHER ITEMS DESCRIBED IN THE COMMISSION BYLAWS 17
389	389	ALLOWING FOR EXECUTI VE SESSIONS TO BE CA LLED; OR 18
390	390
391	391	7. ADVICE OF LEGAL COUNSEL. 19
392	392
393	393	(I) THE COMMISSION SHALL KEEP MINUTES AND MAKE THE M AVAILABLE 20
394	394	TO ALL MEMBER STATES. 21
395	395
396	396	(J) THE COMMISSION MAY ESTABL ISH OTHER COMMITTEES AS NEEDED. 22
397	397
398	398	(K) THE COMMISSION SHALL PREP ARE AN ANNUAL REPORT THAT SHALL BE 23
399	399	MADE AVAILABLE TO TH E LEGISLATURES AND GOVERNORS OF THE MEMBER 24
400	400	STATES. THE ANNUAL REPORT SHA LL DESCRIBE THE ACTI VITIES OF THE 25
401	401	COMMISSION DURING THE PRECEDING CALENDAR Y EAR. SUCH REPORTS SHALL 26
402	402	ALSO INCLUDE REPORTS OF THE ANNUAL FINANC IAL AUDIT AND ANY AC TIONS 27
403	403	TAKEN BY OR RULES TH AT WERE ADOPTED BY THE COMMISSION. 28
404	404
405	405	SECTION 4. DUTIES OF COMPACT MEMBER STATES 29
406	406	10 HOUSE BILL 534
407	407
408	408
409	409	(A) MEMBER STATES SHALL SUBMIT T O THE CLEARINGHOUSE ALL 1
410	410	MEMBER STATE DENTAL BOARD ACTIONS AND OTH ER DOCUMENTS AND DAT A AS 2
411	411	DETERMINED BY THE COMMISSION; 3
412	412
413	413	(B) MEMBER STATES SHALL NOTIFY T HE COMMISSION OF ANY ADVERSE 4
414	414	ACTION TAKEN BY THE MEMBER STATE DENTAL BOARD, ANY ACTIVE 5
415	415	INVESTIGATION BY THE MEMBER STATE DENTAL BOARD, ANY ACTIVE 6
416	416	INVESTIGATION INVOLVI NG PENDING CRIMINAL CHARGES, OR OTHER 7
417	417	CIRCUMSTANCE AS DETE RMINED BY THE COMMISSION; 8
418	418
419	419	(C) ANY ADVERSE ACTION, ORDER, RESTRICTION OR DENIA L OF A LICENSE 9
420	420	OR PERMIT ON A LICENSEE OR COMPACT LICENSE PRIVILEGE HOLDER SHAL L BE 10
421	421	REPORTED TO THE CLEARINGHOUSE BY THE MEMBER STATE DENTAL BOARD; 11
422	422
423	423	(D) MEMBER STATE DENTAL BOARDS MAY SUBMIT TO THE 12
424	424	CLEARINGHOU SE NONPUBLIC COMPLAI NTS, OR DISCIPLINARY OR I NVESTIGATORY 13
425	425	INFORMATION NOT REQU IRED BY SECTION 4(C). ALL INVESTIGATORY MAT ERIAL 14
426	426	SHALL BE CONSIDERED CONFIDENTIAL AND NOT PART OF A PUBLIC REC ORD 15
427	427	UNLESS OTHERWISE SPE CIFICALLY REQUIRED B Y STATE STATUTE ; 16
428	428
429	429	(E) MEMBER STATES SHALL ACCEPT CONTINU ING EDUCATION CREDIT S AS 17
430	430	REQUIRED OR RECOGNIZ ED BY ANY OTHER MEMBER STATE; 18
431	431
432	432	(F) DOCUMENTS IN THE REPOSITORY SHALL BE T REATED BY A MEMBER 19
433	433	STATE AS THE EQUIVALE NT OF A PRIMARY OR O RIGINAL SOURCE DOCUM ENT FOR 20
434	434	LICENSURE; 21
435	435
436	436	(G) MEMBER STATES SHALL ACCEPT A STANDARDIZED APPLICA TION FOR A 22
437	437	COMPACT LICENSE PRIVILEGE. THE STANDARDIZE D APPLICATION SHALL BE 23
438	438	ESTABLISHED BY THE R ULES ENACTED BY THE COMMISSION; 24
439	439
440	440	(H) MEMBER STATES MAY AGREE TO S HARE INFORMATION REG ARDING 25
441	441	ONGOING INVESTIGA TIONS AND ACTIONS , INCLUDING JOINT INVE STIGATIONS 26
442	442	BETWEEN STATES . ALL INVESTIGATORY MAT ERIAL SHALL BE CONSI DERED 27
443	443	CONFIDENTIAL AND NOT PART OF A PUBLIC REC ORD UNLESS OTHERWISE 28
444	444	SPECIFICALLY REQUIRE D BY STATE STATUTE ; AND 29
445	445
446	446	(I) AS PART OF THE COMPACT ENFORCEM ENT, PARTICIPATING MEMBER 30
447	447	STATES MAY ISSUE SUBP OENAS AND SEEK TESTI MONY OF WITNESSES , WHICH 31
448	448	SUBPOENAS SHALL BE E NFORCED IN OTHER MEMBER STATES AND ENFORCED B Y A 32
449	449	COURT OF COMPETENT J URISDICTION WHERE TH E WITNESSES OR EVIDE NCE IS 33
450	450	LOCATED. 34
451	451	HOUSE BILL 534 11
452	452
453	453
454	454	SECTION 5. POWERS AND DUTIES OF THE COMMISSION 1
455	455
456	456	(A) THE COMMISSION SHALL HAVE THE DUTY AND POWER T O: 2
457	457
458	458	1. OVERSEE AND MAINTAIN THE ADMINISTRATION O F THE 3
459	459	COMPACT, INCLUDING THE ORGANI ZATIONAL NEEDS , THE FINANCIAL ACTIVI TIES, 4
460	460	THE HIRING OF PERSON NEL AND ONGOING ACTI VITIES OR NEEDS OF THE 5
461	461	COMMISSION; 6
462	462
463	463	2. PROMULGATE BYLAWS AND RULES TO O PERATE THE COMPACT 7
464	464	AND THE COMMISSION; 8
465	465
466	466	3. ESTABLISH A BUDGET AN D MAKE EXPENDITURES ; 9
467	467
468	468	4. HAVE AN ANNUAL FINANC IAL AUDIT PERFORMED BY AN 10
469	469	INDEPENDENT CERTIFIE D PUBLIC ACCOUNTING FIRM; 11
470	470
471	471	5. ISSUE, UPON THE REQUEST OF A MEMBER STATE DENTAL 12
472	472	BOARD, ADVISORY OPINIONS CO NCERNING THE MEANING OR INTERPRETATION OF 13
473	473	THE COMPACT AND ITS BYLAWS, RULES, AND ACTIONS; 14
474	474
475	475	6. ENFORCE COMPLIANCE WI TH COMPACT PROVISIONS , THE RULES 15
476	476	PROMULGATED BY THE COMMISSION, AND THE BYLAWS, USING ALL NECESSARY 16
477	477	AND PROPER MEANS , INCLUDING BUT NOT LI MITED TO THE USE OF JUDICIAL 17
478	478	PROCESS; 18
479	479
480	480	7. HOLD AN ANNUAL MEETING FOR THE COMMISSION WHERE THE 19
481	481	ELECTIONS OF THE EXECUTIVE COMMITTEE AND OTHER I SSUES MAY BE DISCUSS ED 20
482	482	AND VOTED O N; 21
483	483
484	484	8. ESTABLISH PERSONNEL P OLICIES AND PROGRAMS RELATING TO 22
485	485	CONFLICTS OF INTERES T, AND THE RATES OF COM PENSATION AND QUALIF ICATIONS 23
486	486	OF PERSONNEL ; 24
487	487
488	488	9. ACCEPT DONATIONS AND GRANTS OF MONEY , EQUIPMENT, 25
489	489	SUPPLIES, MATERIALS AND SERVIC ES, AND TO RECEIVE , UTILIZE AND DISPOSE OF 26
490	490	THEM IN A MANNER CON SISTENT WITH THE CON FLICT–OF–INTEREST POLICIES 27
491	491	ESTABLISHED BY THE COMMISSION; 28
492	492
493	493	10. REPORT ANNUALLY TO TH E LEGISLATURES AND G OVERNORS OF 29
494	494	THE MEMBER STATE DENTAL BOARDS CONCERNING THE ACTIVITIES OF THE 30
495	495	COMMISSION DURING THE PRECEDING CALENDAR Y EAR. SUCH REPORTS SHALL 31
496	496	ALSO INCLUDE REPORTS OF ANNUAL FINANCIAL AUDITS, ALL ACTIONS OF THE 32 12 HOUSE BILL 534
497	497
498	498
499	499	COMMISSION, RULES ADOPTED BY THE COMMISSION, AND ANY RECOMMENDATI ONS 1
500	500	BY THE COMMISSION; AND 2
501	501
502	502	11. COORDINATE EDUCATION , TRAINING AND PUBLIC AWARENESS 3
503	503	REGARDING THE COMPACT, ITS IMPLEMENTATION , AND ITS OPERATION . 4
504	504
505	505	(B) THE EXECUTIVE COMMITTEE SHALL HAVE THE POW ER TO ACT ON 5
506	506	BEHALF OF THE COMMISSION, WITH THE EXCEPTION O F RULEMAKING , DURING 6
507	507	PERIODS WHEN THE COMMISSION IS NOT IN SESSION. WHEN ACTING ON BEHALF OF 7
508	508	THE COMMISSION, THE EXECUTIVE COMMITTEE SHALL OVERS EE THE 8
509	509	ADMINISTRATION OF TH E COMPACT, INCLUDING ENFOR CEMENT OF AND 9
510	510	COMPLIANCE WITH THE COMPACT. 10
511	511
512	512	(C) THE OFFICERS AND EMPL OYEES OF THE COMMISSION SHALL BE 11
513	513	IMMUNE FROM SUIT AND LIABILITY, EITHER PERSONALLY OR IN THEIR OFFICIAL 12
514	514	CAPACITY, FOR A CLAIM FOR DAMA GE TO OR LOSS OF PRO PERTY OR PERSONAL 13
515	515	INJURY OR OTHE R CIVIL LIABILITY CA USED OR ARISING OUT OF, OR RELATING TO , 14
516	516	AN ACTUAL OR ALLEGED ACT, ERROR OR OMISSION TH AT OCCURRED , OR THAT SUCH 15
517	517	PERSON HAD A REASONA BLE BASIS FOR BELIEV ING OCCURRED , WITHIN THE SCOPE 16
518	518	OF COMMISSION EMPLOYMENT , DUTIES OR RESPONSIBI LITIES; PROVIDED, THAT 17
519	519	SUCH PERSON SHALL NO T BE PROTECTED FROM SUIT OR LIABILITY FOR DAMAGE , 18
520	520	LOSS, INJURY OR LIABILITY CAUSED BY THE INTENT IONAL OR WILLFUL AND 19
521	521	WANTON MISCONDUCT OF SUCH PERSON . 20
522	522
523	523	(D) THE LIABILITY OF THE EXECUTIVE DIRECTOR A ND EMPLOYEES OF THE 21
524	524	COMMISSION OR REPRESE NTATIVES OF THE COMMISSION, ACTING WITHIN THE 22
525	525	SCOPE OF SUCH PERSON ’S EMPLOYMENT OR DUTI ES FOR ACTS , ERRORS OR 23
526	526	OMISSIONS OCCURRING WITHIN SUCH PERSON ’S STATE MAY NOT EXCE ED THE 24
527	527	LIMITS OF LIABILITY SET FORTH UNDER THE CONSTITUTION AND LAW S OF THAT 25
528	528	STATE FOR STATE OFFI CIALS, EMPLOYEES AND AGENTS . THE COMMISSION SHALL 26
529	529	BE CONSIDERED TO BE AN INSTRUMENTALITY O F THE STATES FOR THE PURPOSES 27
530	530	OF ANY SUCH ACTION . NOTHING IN THIS SUBSE CTION SHALL BE CONST RUED TO 28
531	531	PROTECT SUCH PERSON FROM SUIT OR LIAB ILITY FOR DAMAGE , LOSS, INJURY OR 29
532	532	LIABILITY CAUSED BY THE INTENTIONAL OR W ILLFUL AND WANTON MI SCONDUCT 30
533	533	OF SUCH PERSON . 31
534	534
535	535	(E) THE COMMISSION SHALL DEFE ND THE COMMISSION’S EXECUTIVE 32
536	536	DIRECTOR, ITS EMPLOYEES , AND, SUBJECT TO THE APPRO VAL OF THE ATTORNEY 33
537	537	GENERAL OR OTHER APPROPRIA TE LEGAL COUNSEL OF THE MEMBER STATE 34
538	538	REPRESENTED BY A COMMISSION REPRESENTA TIVE, SHALL DEFEND SUCH 35
539	539	COMMISSION REPRESENTA TIVE IN ANY CIVIL AC TION SEEKING TO IMPO SE 36
540	540	LIABILITY ARISING OU T OF AN ACTUAL OR AL LEGED ACT, ERROR OR OMISSION TH AT 37
541	541	OCCURRED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT , DUTIES OR 38 HOUSE BILL 534 13
542	542
543	543
544	544	RESPONSIBILITIES , OR THAT THE DEFENDAN T HAD A REASONABLE B ASIS FOR 1
545	545	BELIEVING OCCURRED W ITHIN THE SCOPE OF COMMISSION EMPLOYMENT , DUTIES 2
546	546	OR RESPONSIBILITIES , PROVIDED THAT THE AC TUAL OR ALLEGED ACT, ERROR OR 3
547	547	OMISSION DID NOT RES ULT FROM INTENTIONAL OR WILLFUL AND WANTO N 4
548	548	MISCONDUCT ON THE PA RT OF SUCH PERSON . 5
549	549
550	550	(F) TO THE EXTENT NOT COV ERED BY THE STATE IN VOLVED, MEMBER 6
551	551	STATE, OR THE COMMISSION, THE REPRESENTATIVES OR EMPLOYEES OF THE 7
552	552	COMMISSION S HALL BE HELD HARMLES S BY THE COMMISSION IN THE AMO UNT OF 8
553	553	A SETTLEMENT OR JUDG MENT, INCLUDING ATTORNEY F EES AND COSTS, OBTAINED 9
554	554	AGAINST SUCH PERSONS ARISING OUT OF AN AC TUAL OR ALLEGED ACT , ERROR OR 10
555	555	OMISSION THAT OCCURR ED WITHIN THE SCOPE OF COMMISSION EMPL OYMENT, 11
556	556	DUTIES OR RESPONSIBILITIES , OR THAT SUCH PERSONS HAD A REASONABLE BAS IS 12
557	557	FOR BELIEVING OCCURR ED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT , 13
558	558	DUTIES OR RESPONSIBI LITIES, PROVIDED THAT THE AC TUAL OR ALLEGED ACT , 14
559	559	ERROR OR OMISSION DI D NOT RESULT FROM IN TENTIONAL OR WILLFUL AND 15
560	560	WANTON MISCONDUCT ON THE PART OF SUCH PER SONS. 16
561	561
562	562	SECTION 6. APPLICATION, ELIGIBILITY, AND ISSUANCE OF COMPACT LICENSE 17
563	563	PRIVILEGE TO A MEMBER STATE 18
564	564
565	565	(A) A DENTIST OR DENTAL HY GIENIST APPLYING FOR COMPACT LICENSE 19
566	566	PRIVILEGES SHALL MEET THE REQUIREMENTS OF A DENTIST AS LISTED IN SECTION 20
567	567	(2)(R) OF THIS COMPACT OR A DENTAL HYGIENIST AS LISTED I N SECTION (2)(P) OF 21
568	568	THIS COMPACT AND HOLD A CUR RENT LICENSE IN A MEMBER STATE UNDER THIS 22
569	569	COMPACT. 23
570	570
571	571	(B) EACH DENTIST OR DENTAL HYGIENIST SHALL DESIG NATE A HOME 24
572	572	STATE OF LICENSURE . THE HOME STATE SHALL BE DETERM INED BY: 25
573	573
574	574	(1) THE STATE OF PRIMARY RESI DENCE FOR THE DENTIST OR 26
575	575	DENTAL HYGIENIST, WHERE 25% OF THEIR PRACTICE WI THIN ONE YEAR OCCURS . 27
576	576	AN ACTIVE–DUTY MILITARY MEMBER OR THEIR SPOUSE MAY CHOOSE A HOME 28
577	577	STATE AS DESIGNATED W ITH THE MILITARY BUT ARE NOT REQUIRED TO MEET THE 29
578	578	REQUIREMENT OF 25% PRACTICE BEING WITHI N THEIR HOME STATE; OR 30
579	579
580	580	(2) IF NO STATE QUALIFIES UNDER SECTION 6(B)(1), THEN THE 31
581	581	STATE THAT THE DENTIST OR DENTAL HYGIENIST LISTED AS T HEIR STATE OF 32
582	582	RESIDENCE ON THE PRE VIOUS YEAR’S FEDERAL TAX RETURN . 33
583	583
584	584	(C) A DENTIST OR DENTAL HYGIENIST MAY REDESIG NATE A HOME STATE 34
585	585	NO MORE THAN ONE TIME I N A CALENDAR YEAR IF THE QUALIFICATIONS O F A HOME 35
586	586	STATE ARE MET. 36 14 HOUSE BILL 534
587	587
588	588
589	589
590	590	(D) A DENTIST OR DENTAL HYGIENIST SEEKING A COMPACT LICENSE 1
591	591	PRIVILEGE (THE “APPLICANT”) SHALL APPLY TO THEIR HOME STATE DENTAL 2
592	592	BOARD FOR A LETTER ST ATING THAT THE APPLICANT IS ELIGIBLE FOR COMPACT 3
593	593	LICENSE PRIVILEGES. 4
594	594
595	595	(E) THE HOME STATE DENTAL BOARD SHALL DETERMINE THE ELIGIBILITY 5
596	596	OF AN APPLICATION FO R A COMPACT LICENSE PRIVILEGE AND SHALL I SSUE A 6
597	597	LETTER OF APPROVAL O R DENIAL OF THE APPL ICATION FOR A COMPACT LICENSE 7
598	598	PRIVILEGE. 8
599	599
600	600	(F) THE LETTER FROM THE APPLICANT’S HOME STATE DENTAL BOARD 9
601	601	APPROVING THE APPLIC ATION SHALL BE SUBMI TTED TO THE MEMBER STATE 10
602	602	DENTAL BOARD FOR THE MEMBER STATE IN WHICH THE APPLICANT PROPOSES TO 11
603	603	PRACTICE, AND SHALL INCLUDE : (I) THE COMPACT APPLICA TION PACKET ; (II) 12
604	604	AUTHORIZATION TO SEE K ACCESS TO THE APPLICANT’S REPOSITORY DOCUMENTS ; 13
605	605	(III) ANY ADDITIONAL INFOR MATION THAT MAY BE R EQUIRED BY THE PROPO SED 14
606	606	COMPACT LICENSE PRIVILEGE STATE; AND (IV) ANY REQUIRED FEES . THE MEMBER 15
607	607	STATE DENTAL BOARD SHALL R EVIEW THE APPLICATIO N TO CONFIRM 16
608	608	COMPLIANCE WITH THE MEMBER STATE’S LAWS AND REGULATIO NS. FOLLOWING 17
609	609	SUCH REVIEW , IF THE MEMBER STATE DENTAL BOARD APPROVES THE 18
610	610	APPLICATION, IT SHALL ISSUE A COMPACT LICENSE PRIVILEGE FROM THE 19
611	611	PROPOSED MEMBER STATE TO THE APPLICANT. 20
612	612
613	613	(G) APPEALS OF A DENIAL O F A COMPACT LICENSE PRIVILEGE 21
614	614	APPLICATION SHALL BE FILED WITH THE MEMBER STATE DENTAL BOARD MAKING 22
615	615	SUCH DETERMINATION , AND SHALL BE FILED W ITHIN THIRTY (30) DAYS OF THE 23
616	616	DATE OF THE DENIAL . 24
617	617
618	618	(H) A LICENSEE HOLDING A COMPACT LICENSE PRIVILEGE SHALL NOTIF Y 25
619	619	THE COMMISSION WITHIN TEN (10) BUSINESS DAYS OF ANY ADVERSE ACTION 26
620	620	TAKEN AGAINST A LICENSE HELD IN A STA TE THAT IS NOT A MEMBER STATE. 27
621	621
622	622	(I) A COMPACT LICENSE PRIVILEGE MAY BE REVO KED, SUSPENDED O R 28
623	623	LIMITED BY THE ISSUI NG MEMBER STATE DENTAL BOARD IF AT ANY TIME THE 29
624	624	LICENSEE’S HOME STATE LICENSE IS REVO KED, SUSPENDED OR LIMITED . 30
625	625
626	626	(J) THE COMMISSION SHALL ISSU E RULES ON THE DURAT ION OF A 31
627	627	COMPACT LICENSE PRIVILEGE, THE APPLICATION AND RENEWAL PROCESS FOR A 32
628	628	COMPACT LICENSE PRIVILEGE, AND ANY APPLICATION FEES. 33
629	629	HOUSE BILL 534 15
630	630
631	631
632	632	(K) ELIGIBILITY OR INELIG IBILITY TO RECEIVE A COMPACT LICENSE 1
633	633	PRIVILEGE SHALL NOT L IMIT THE ABILITY OF A LICENSEE TO SEEK A ST ATE 2
634	634	LICENSE THROUGH THE REGULAR PROCESS OUTS IDE OF THE COMPACT. 3
635	635
636	636	SECTION 7. JURISDICTION OVER COMPACT LICENSE PRIVILEGE HOLDERS 4
637	637
638	638	(A) EACH LICENSEE HOLDING A COMPACT LICENSE PRIVILEGE SHALL BE 5
639	639	SUBJECT TO AND COMPL Y WITH THE LAWS AND REGULATIONS OF THE MEMBER 6
640	640	STATE IN WHICH SUCH LICENSEE PRACTICES UN DER A COMPACT LICENSE 7
641	641	PRIVILEGE. 8
642	642
643	643	(B) EACH LICENSEE HOLDING A COMPACT LICENSE PRIVILEGE SHALL BE 9
644	644	SUBJECT TO THE JURIS DICTION AND AUTHORIT Y OF THE MEMBER STATE DENTAL 10
645	645	BOARD OF THE STATE IN WHICH SUCH LICENSEE PRACTICES , AS IF THEY HELD A 11
646	646	LICENSE ISSUED FROM SUCH MEMBER STATE DENTAL BOARD. SUCH COMPACT 12
647	647	LICENSE PRIVILEGE HOLDER SHAL L BE DEEMED A “LICENSEE” OF THE MEMBER 13
648	648	STATE DENTAL BOARD FOR PURPOSES OF SUCH BOARD TAKING AN ADVERSE 14
649	649	ACTION. 15
650	650
651	651	(C) EACH LICENSEE HOLDING A COMPACT LICENSE PRIVILEGE SHALL LIST 16
652	652	A CURRENT ADDRESS WI TH THE COMMISSION THAT SHALL SERVE AS THEIR 17
653	653	OFFICIAL ADDRESS OF SERVICE. 18
654	654
655	655	(D) A LICENSEE HOLDING A COMPACT LICENSE PRIVILEGE MAY HAVE AN 19
656	656	ADVERSE ACTION TAKEN AGAINST THEM BY: 20
657	657
658	658	(1) THE MEMBER STATE DENTAL BOARD OF THE MEMBER STATE IN 21
659	659	WHICH THEY ARE PRACTICING WITH A COMPACT LICENSE PRIVILEGE; 22
660	660
661	661	(2) THE LICENSEE’S HOME STATE; OR 23
662	662
663	663	(3) THE STATE LICENSING AUTHORITY OF A STATE THAT IS NOT A 24
664	664	MEMBER STATE FROM WHICH THE LICENSEE HOLDS A LICENSE. 25
665	665
666	666	(E) A HOME STATE MAY TAKE AN ADVERSE ACTION AGAINST THE HOLDER 26
667	667	OF A COMPACT LICENSE PRIVILEGE, REGARDLESS OF WHERE THE ACTIONS GIVING 27
668	668	RISE TO THE ADVERSE ACTION OCCURRED . 28
669	669
670	670	(F) ANY MEMBER STATE IN WHICH THE COMPACT LICENSEE HOLDS A 29
671	671	COMPACT LICENSE PRIVILEGE MAY INVESTI GATE AN ALLEGATION O F A VIOLATION 30
672	672	OF THE LAWS AND RULES OF THE PRACTICE OF DENTISTR Y OR DENTAL HYGIENE IN 31
673	673	ANY OTHER STATE WHERE THE COMPACT LICENSEE HOLDS A COMPACT LICENSE 32
674	674	PRIVILEGE. 33 16 HOUSE BILL 534
675	675
676	676
677	677
678	678	SECTION 8. FEES AND MILITARY WAIVER 1
679	679
680	680	(A) THE COMMISSION SHALL ISSU E RULES REGARDING TH E USE OF THE 2
681	681	REPOSITORY B Y EACH HOLDER OF A COMPACT LICENSE PRIVILEGE. 3
682	682
683	683	(B) A MEMBER STATE DENTAL BOARD ISSUING A COMPACT LICENSE 4
684	684	PRIVILEGE AUTHORIZING PRACTICE IN ITS STATE MAY IMPOSE A FE E FOR A 5
685	685	COMPACT LICENSE PRIVILEGE, FOR EITHER INITIAL ISSUANC E OR ANY RENEWAL . 6
686	686
687	687	(C) NO COMPACT FEE SHALL BE RE QUIRED OF ANY ACTIVE –DUTY MILITARY 7
688	688	MEMBER AND /OR THEIR SPOUSE UP T O ONE (1) YEAR AFTER SEPARATIO N FROM THE 8
689	689	SERVICE. EACH MEMBER STATE ISSUING A COMPACT LICENSE PRIVILEGE MAY 9
690	690	WAIVE FEES FOR ACTIV E–DUTY MILITARY AND /OR THEIR SPOUSE AS R EQUIRED BY 10
691	691	EACH INDIVIDUAL STAT E STATUTE. 11
692	692
693	693	(D) ACTIVE–DUTY MILITARY MAY TR ANSFER MILITARY TRAI NING RECORDS 12
694	694	TO THE REPOSITORY WITHOUT A FEE. 13
695	695
696	696	SECTION 9. JOINT INVESTIGATIONS AND DISCIPLINARY ACTIONS 14
697	697
698	698	(A) EACH MEMBER STATE SHALL NAME A PO INT OF CONTACT FOR J OINT 15
699	699	INVESTIGATIONS BETWE EN MEMBER STATE DENTAL BOARDS. 16
700	700
701	701	(B) MEMBER STATE DENTAL BOARDS MAY PARTICIPAT E WITH OTHER 17
702	702	MEMBER STATE DENTAL BOARDS IN JOINT INVES TIGATIONS OF LICENSEES THAT 18
703	703	ARE SUBJECT TO THIS COMPACT. 19
704	704
705	705	(C) MEMBER STATE DENTAL BOARDS MAY SHARE INVE STIGATIVE, 20
706	706	LITIGATION OR OTHER MATERIALS IN FURTHER ANCE OF ANY JOINT OR INDI VIDUAL 21
707	707	INVESTIGATION OF A COMPACT LICENSE PRIVILEGE HOLDER . 22
708	708
709	709	(D) A SUBPOENA ISSUED BY A MEMBER STATE OR MEMBER STATE DENTAL 23
710	710	BOARD SHALL BE ENFORC EABLE IN OTHER MEMBER STATES AS ALLOWED BY LAW. 24
711	711
712	712	(E) IF A COMPACT LICENSE PRIVILEGE HOLD ER HAS AN ADVERSE ACTION 25
713	713	TAKEN AGAINST THEM B Y ANY MEMBER STATE DENTAL BOARD, THE COMPACT 26
714	714	LICENSE PRIVILEGE HOLDER SHAL L AUTOMATICALLY BE S UBJECT TO SIMILAR 27
715	715	DISCIPLINE BY OTHER MEMBER STATE DENTAL BOARDS. 28
716	716
717	717	(F) IF A COMPACT LICENSE PRIVILEGE HOLDER HAS AN ADVERSE ACTION 29
718	718	TAKEN AGAINST THEIR HOME STATE LICENSE , INCLUDING BEING REVO KED, 30
719	719	SURRENDERED , OR RELINQUISHED IN L IEU OF DISCIPLINE OR SUSPENDED, THEN 31 HOUSE BILL 534 17
720	720
721	721
722	722	AUTOMATICALLY ALL OT HER COMPACT LICENSE PRIVILEGES SHALL BE P LACED IN 1
723	723	THE SAME STATUS . THE HOME STATE DENTAL BOARD SHALL NOTIFY TH E 2
724	724	COMMISSION AND THE COMMISSION SHALL ISSU E A NOTICE TO ALL MEMBER STATE 3
725	725	DENTAL BOARDS OF SUCH ADVERSE ACTION. 4
726	726
727	727	(G) IF DISCIPLINE OR AN ADVERSE ACTION IS TAKEN AGAIN ST A COMPACT 5
728	728	LICENSE PRIVILEGE HOLDER IN A MEMBER STATE, THE MEMBER STATE DENTAL 6
729	729	BOARD SHALL NOTIFY TH E COMMISSION AND THE HOME STATE OF THE COMPACT 7
730	730	LICENSE PRIVILEGE HOLDER . THE HOME STATE MAY DEEM THE AC TION 8
731	731	CONCLUSIVE AS A MATT ER OF LAW AND FACT A ND MAY: 9
732	732
733	733	(1) IMPOSE THE SAME OR LE SSER SANCTION CONSIS TENT WITH THE 10
734	734	HOME STATE’S LAWS; OR 11
735	735
736	736	(2) PURSUE SEPARATE ACTIO NS AGAINST THE COMPACT LICENSE 12
737	737	PRIVILEGE HOLDER UNDE R ITS LAWS, REGARDLESS OF THE SA NCTIONS PURSUED 13
738	738	BY THE MEMBER STATE DENTAL BOARD. 14
739	739
740	740	SECTION 10. OTHER REQUESTS FOR INFORMATION FROM THE REPOSITORY AND 15
741	741	THE CLEARINGHOUSE 16
742	742
743	743	(A) INSURANCE COMPANIES A ND ENTITIES VERIFYIN G DOCUMENTS FOR 17
744	744	THE PURPOSE OF LICEN SES EXTENDED TO A DENTIST OR DENTAL HYGIENIST MAY 18
745	745	SEEK INFORMATION FRO M THE CLEARINGHOUSE FOR PUB LIC RECORD 19
746	746	DOCUMENTS . 20
747	747
748	748	(B) A DENTIST OR DENTAL HYGIENIST MAY SUBMIT A REQUEST TO THE 21
749	749	COMMISSION TO ALLOW A NY HIRING EMPLOYER , ENTITY, OR INSURANCE COMPANY 22
750	750	TO ACCESS DOCUMENTS FROM THE REPOSITORY FOR THE PU RPOSES OF 23
751	751	CREDENTIALING , LICENSING OR OTHER P RIVILEGES. 24
752	752
753	753	(C) THE COMMISSION SHALL SET A FEE SCHEDULE FOR T HESE SERVICES. 25
754	754
755	755	SECTION 11. RULEMAKING FUNCTIONS OF THE COMMISSION 26
756	756
757	757	(A) THE COMMISSION SHALL PROM ULGATE REASONABLE RU LES IN ORDER 27
758	758	TO EFFECTIVELY AND E FFICIENTLY IMPLEMENT AND ACHIEVE THE PURP OSES AND 28
759	759	ADMINISTRATION OF TH E COMPACT. NOTWITHSTANDING THE FOREGOING, IN THE 29
760	760	EVENT THE COMMISSION EXERCISES ITS RULEMAKING AUTHO RITY IN A MANNER 30
761	761	THAT IS BEYOND THE S COPE OF THE PURPOSES OF THE COMPACT OR THE POWERS 31
762	762	GRANTED HEREUNDER , THEN SUCH AN ACTION BY THE COMMISSION MAY BE 32
763	763	DETERMINED TO BE INV ALID AND HAVE NO FORCE OR EFFECT . 33
764	764	18 HOUSE BILL 534
765	765
766	766
767	767	(B) RULES VALIDLY ISSUED BY THE COMMISSION SHALL HAVE THE FORCE 1
768	768	OF LAW IN EACH MEMBER STATE. 2
769	769
770	770	(C) RULES DEEMED APPROPRI ATE FOR THE OPERATIO NS OF THE 3
771	771	COMMISSION SHALL BE M ADE PURSUANT TO A RU LEMAKING PROCESS THA T 4
772	772	SUBSTANTIALLY CONFOR MS TO THE MODEL STATE ADMINISTRATIVE PROCEDURE 5
773	773	ACT OF 2010, AND SUBSEQUENT AMEND MENTS THERETO . 6
774	774
775	775	SECTION 12. OVERSIGHT OF THE COMPACT 7
776	776
777	777	(A) THE EXECUTIVE , LEGISLATIVE, AND JUDICIAL BRANCHE S OF STATE 8
778	778	GOVERNMENT IN EACH MEMBER STATE SHALL ENFORCE T HE COMPACT AND SHALL 9
779	779	TAKE ALL ACTIONS NEC ESSARY AND APPROPRIA TE TO EFFECTUATE THE 10
780	780	COMPACT’S PURPOSES AND INTEN T TO ALLOW FOR EXPED ITED LICENSURE FOR T HE 11
781	781	PURPOSE OF MOBILITY . THE PROVISIONS OF THE COMPACT AND THE RULES 12
782	782	PROMULGATED HEREUNDE R SHALL HAVE STANDIN G AS STATUTORY LAW BUT SHALL 13
783	783	NOT OVERRIDE EXISTIN G STATE AUTHORITY TO REGULATE THE PRACTIC E OF 14
784	784	DENTISTRY AND DENTAL HYGIENE. 15
785	785
786	786	(B) ALL COURTS MAY TAKE J UDICIAL NOTICE OF TH E COMPACT AND THE 16
787	787	RULES IN ANY JUDICIA L OR ADMINISTRATIVE PROCEEDING IN A MEMBER STATE 17
788	788	PERTAINING TO THE SUBJECT M ATTER OF THE COMPACT WHICH MAY AFF ECT THE 18
789	789	POWERS, RESPONSIBILITIES OR ACTIONS OF THE COMMISSION. 19
790	790
791	791	(C) THE COMMISSION SHALL BE E NTITLED TO RECEIVE A LL SERVICE OF 20
792	792	PROCESS IN ANY SUCH PROCEEDING AND SHALL HAVE STANDING TO INT ERVENE IN 21
793	793	THE PROCEEDING FOR ALL P URPOSES. EXCEPT WHERE THE COMMISSION HAS 22
794	794	INTERVENED , FAILURE TO PROVIDE S ERVICE OF PROCESS TO THE COMMISSION 23
795	795	SHALL RENDER A JUDGM ENT OR ORDER VOID AS TO THE COMMISSION, THE 24
796	796	COMPACT OR PROMULGATE D RULES. 25
797	797
798	798	SECTION 13. ENFORCEMENT AND DEFAULT PROCEDURES 26
799	799
800	800	(A) THE COMMISSION, IN THE REASONABLE EX ERCISE OF ITS DISCRE TION, 27
801	801	SHALL ENFORCE THE PR OVISIONS AND RULES O F THE COMPACT. 28
802	802
803	803	(B) THE GROUNDS FOR DEFAU LT UNDER THIS COMPACT BY A MEMBER 29
804	804	STATE INCLUDE , BUT ARE NOT LIMITED TO, FAILURE OF A MEMBER STATE TO 30
805	805	PERFORM SUCH OBLIGAT IONS OR RESPONSIBILI TIES IMPOSED UPON IT BY THE 31
806	806	COMPACT OR BY THE RUL ES AND BYLAWS OF THE COMMISSION PROMULGATE D 32
807	807	UNDER THE COMPACT. 33
808	808	HOUSE BILL 534 19
809	809
810	810
811	811	(C) IF THE COMMISSION DETERMINES THAT A MEMBER STATE HAS 1
812	812	DEFAULTED IN THE PER FORMANCE O F ITS OBLIGATIONS OR RESPONSIBILITIES 2
813	813	UNDER THE COMPACT, OR THE BYLAWS OR PROMULGATED RULES, THE 3
814	814	COMMISSION SHALL : 4
815	815
816	816	(1) PROVIDE WRITTEN NOTI CE TO THE DEFAULTING STATE AND 5
817	817	OTHER MEMBER STATES OF THE NATURE OF THE DEFAULT , THE MEANS OF CURING 6
818	818	THE DEFAULT A ND ANY ACTION TAKEN BY THE COMMISSION. THE COMMISSION 7
819	819	SHALL SPECIFY THE CO NDITIONS BY WHICH TH E DEFAULTING STATE M UST CURE 8
820	820	ITS DEFAULT; AND 9
821	821
822	822	(2) PROVIDE REMEDIAL TRA INING AND SPECIFIC T ECHNICAL 10
823	823	ASSISTANCE REGARDING THE DEFAULT . 11
824	824
825	825	(D) IF THE DEFAULTING STATE FAILS TO CURE THE DEFAULT , THE 12
826	826	DEFAULTING STATE SHA LL BE TERMINATED FRO M THE COMPACT UPON AN 13
827	827	AFFIRMATIVE VOTE OF A MAJORITY OF THE COMMISSIONERS AND ALL RIGHTS, 14
828	828	PRIVILEGES AND BENEF ITS CONFERRED BY THE COMPACT SHALL TERMINA TE ON 15
829	829	THE EFFECTIVE DATE O F TERMINATION . A CURE OF THE DEFAULT DOES NOT 16
830	830	RELIEVE THE OFFENDIN G STATE OF OBLIGATIO NS OR LIABILITIES IN CURRED 17
831	831	DURING THE PERIOD OF THE DEFAULT . 18
832	832
833	833	(E) TERMINATION OF MEMBER SHIP IN THE COMPACT SHALL BE IMPO SED 19
834	834	ONLY AFTER ALL OTHER MEANS OF SECURING CO MPLIANCE HAVE BEEN 20
835	835	EXHAUSTED. NOTICE OF INTENT TO T ERMINATE SHALL BE GI VEN BY THE 21
836	836	COMMISSION TO THE GOVERNOR, THE MAJORITY AND MIN ORITY LEADERS OF THE 22
837	837	DEFAULTING STATE ’S LEGISLATURE AND EA CH OF THE MEMBER STATES. 23
838	838
839	839	(F) THE COMMISSION SHALL ESTA BLISH RULES AND PROCEDURES TO 24
840	840	ADDRESS LICENSES AND COMPACT LICENSE PRIVILEGE HOLDERS THA T ARE 25
841	841	MATERIALLY IMPACTED BY THE TERMINATION O F A MEMBER STATE OR THE 26
842	842	WITHDRAWAL OF A MEMBER STATE. 27
843	843
844	844	(G) THE COMMISSION SHALL NOT BEAR ANY COSTS RELAT ING TO ANY 28
845	845	STATE THAT HAS BEEN FOUND TO BE IN DEFAUL T OR WHICH HAS BEEN TERMINATED 29
846	846	FROM THE COMPACT, UNLESS OTHERWISE MUT UALLY AGREED UPON IN WRITING 30
847	847	BETWEEN THE COMMISSION AND THE DE FAULTING STATE . 31
848	848
849	849	(H) THE DEFAULTING STATE MAY APPEAL THE ACTIO N OF THE COMMISSION 32
850	850	BY PETITIONING THE S TATE COURT WHERE THE COMMISSION HAS ITS PR INCIPAL 33
851	851	OFFICES. THE PREVAILING PARTY SHALL BE AWARDED ALL COSTS OF SUCH 34
852	852	LITIGATION, INCLUDING REASONABLE ATTORNEYS’ FEES. 35
853	853	20 HOUSE BILL 534
854	854
855	855
856	856	(I) THE COMMISSION SHALL NOT BEAR ANY COSTS RELAT ING TO ANY 1
857	857	STATE THAT HAS BEEN FOUND TO BE IN DEFAULT OR WHICH HAS BEEN TERMINATED 2
858	858	FROM THE COMPACT, UNLESS OTHERWISE MUT UALLY AGREED UPON IN WRITING 3
859	859	BETWEEN THE COMMISSION AND THE DE FAULTING STATE . 4
860	860
861	861	(J) THE REMEDIES HEREIN S HALL NOT BE THE EXCL USIVE REMEDIES OF 5
862	862	THE COMMISSION. THE COMMISSION MA Y AVAIL ITSELF OF AN Y OTHER REMEDIES 6
863	863	AVAILABLE UNDER STAT E LAW OR THE REGULAT ION OF A PROFESSION . 7
864	864
865	865	SECTION 14. DISPUTE RESOLUTION 8
866	866
867	867	(A) THE COMMISSION SHALL ATTE MPT, UPON THE REQUEST OF A MEMBER 9
868	868	STATE DENTAL BOARD, TO RESOLVE DISPUTES WHICH ARE SUBJECT TO THE 10
869	869	COMPACT AND WHICH MAY ARISE AMONG MEMBER STATE DENTAL BOARDS. 11
870	870
871	871	(B) THE COMMISSION SHALL PROM ULGATE RULES PROVIDI NG FOR BOTH 12
872	872	MEDIATION AND VOLUNT ARY BINDING DISPUTE RESOLUTION, AS APPROPRIATE . 13
873	873
874	874	SECTION 15. MEMBER STATES, EFFECTIVE DATE, AND AMENDMENT S 14
875	875
876	876	(A) ANY STATE IS ELIGIBLE TO BECOME A MEMBER STATE OF THE 15
877	877	COMPACT. 16
878	878
879	879	(B) THE COMPACT SHALL BECOME EFFECTIVE AND BINDIN G UPON 17
880	880	LEGISLATIVE ENACTMEN T OF THE COMPACT INTO LAW BY N O LESS THAN FIVE (5) 18
881	881	STATES. THEREAFTER, IT SHALL BECOME EFFE CTIVE AND BINDI NG ON A STATE 19
882	882	UPON ENACTMENT OF TH E COMPACT INTO LAW BY T HAT STATE. 20
883	883
884	884	(C) THE GOVERNORS OF NON –MEMBER STATES , OR THEIR DESIGNEES , 21
885	885	SHALL BE INVITED TO PARTICIPATE IN THE A CTIVITIES OF THE COMMISSION ON A 22
886	886	NONVOTING BASIS PRIO R TO ADOPTION OF THE COMPACT BY ALL STATES. 23
887	887
888	888	(D) THE COMMISSION MAY PROPOS E AMENDMENTS TO THE COMPACT FOR 24
889	889	ENACTMENT BY THE MEMBER STATES. NO AMENDMENT SHALL BE COME EFFECTIVE 25
890	890	AND BINDING UPON THE COMMISSION AND THE MEMBER STATES UNLESS AND 26
891	891	UNTIL IT IS ENACTED INTO LAW BY UNANIMOU S CONSENT OF THE MEMBER STATES. 27
892	892
893	893	SECTION 16. WITHDRAWAL 28
894	894
895	895	(A) ONCE EFFECTIVE , THE COMPACT SHALL CONTINU E IN FORCE AND 29
896	896	REMAIN BINDING UPON EACH AND EVERY MEMBER STATE; PROVIDED, HOWEVER, 30
897	897	THAT A MEMBER STATE MAY WITHDRAW FR OM THE COMPACT AFTER GIVING 31 HOUSE BILL 534 21
898	898
899	899
900	900	APPROPRIATE NOTICE B Y SPECIFICALLY REPEA LING THE STATUTE WHI CH ENACTED 1
901	901	THE COMPACT INTO LAW . 2
902	902
903	903	(B) THE LICENSEE’S COMPACT LICENSE PRIVILEGE SHALL REMAI N IN 3
904	904	EFFECT FOR SIX (6) MONTHS FROM THE DATE OF THE MEMBER STATE DENTAL 4
905	905	BOARD WITHDRAWAL . 5
906	906
907	907	(C) THE WITHDRAWING STATE SHALL IMMEDIATE LY NOTIFY THE 6
908	908	CHAIRPERSON OF THE COMMISSION IN WRITING UPON THE INTRODUCTIO N OF 7
909	909	LEGISLATION REPEALIN G THE COMPACT BY THE WITHDR AWING STATE, AND UPON 8
910	910	THE ENACTMENT OF SUC H LEGISLATION. 9
911	911
912	912	(D) THE COMMISSION SHALL NOTI FY THE OTHER MEMBER STATES WITHIN 10
913	913	SIXTY (60) DAYS OF ITS RECEIPT OF NOTICE PROVIDED U NDER SECTION 16(C) OF 11
914	914	THIS SECTION. 12
915	915
916	916	(E) REINSTATEMENT FOLLOWI NG WITHDRAWAL OF A MEMBER STATE 13
917	917	SHALL OCCUR UPON THE WITHDRAWING STATE RE ENACTING THE COMPACT OR 14
918	918	UPON SUCH LATER DATE AS DETERMINED BY THE COMMISSION. 15
919	919
920	920	(F) THE COMMISSION SHALL ISSU E RULES TO ADDRESS T HE IMPACT OF 16
921	921	THE WITHDRA WAL OF A MEMBER STATE ON LICENSES GRANTED BY O THER 17
922	922	MEMBER STATES TO DENTISTS AN D DENTAL HYGIENISTS WHO DESIGNATED THE 18
923	923	WITHDRAWING MEMBER STATE AS THEIR HOME STATE. 19
924	924
925	925	SECTION 17. DISSOLUTION 20
926	926
927	927	(A) THE COMPACT SHALL DISSOLV E EFFECTIVE UPON THE DATE OF THE 21
928	928	WITHDRAWAL OR DEFAULT O F THE MEMBER STATE WHICH REDUCES T HE 22
929	929	MEMBERSHIP IN THE COMPACT TO ONE (1) MEMBER STATE. 23
930	930
931	931	(B) UPON THE DISSOLUTION OF THE COMPACT, THE COMPACT SHALL 24
932	932	BECOME NULL AND VOID AND SHALL BE OF NO F URTHER FORCE OR EFFE CT, AND 25
933	933	THE BUSINESS AND AFFAIRS OF THE COMMISSION SHALL BE C ONCLUDED AND 26
934	934	SURPLUS FUNDS SHALL BE DISTRIBUTED IN AC CORDANCE WITH THE BYLAWS. 27
935	935
936	936	SECTION 18. SEVERABILITY AND CONSTRUCTION 28
937	937
938	938	(A) THE PROVISIONS OF THE COMPACT SHALL BE SEVE RABLE, AND IF ANY 29
939	939	PHRASE, CLAUSE, SENTENCE OR PROVISIO N IS DEEMED UNENFORC EABLE, THE 30
940	940	REMAINING PROVISIONS OF THE COMPACT SHALL BE ENFO RCEABLE. 31
941	941	22 HOUSE BILL 534
942	942
943	943
944	944	(B) THE PROVISIONS OF THE COMPACT SHALL BE LIBE RALLY CONSTRUED 1
945	945	TO EFFECTUATE ITS PURPOS ES. 2
946	946
947	947	SECTION 19. BINDING EFFECT OF COMPACT AND OTHER LAWS 3
948	948
949	949	(A) NOTHING HEREIN PREVEN TS THE ENFORCEMENT O F ANY OTHER LAW 4
950	950	OF A MEMBER STATE THAT IS NOT INC ONSISTENT WITH THE COMPACT. 5
951	951
952	952	(B) ALL LAWFUL ACTIONS OF THE COMMISSION, INCLUDING ALL RULES 6
953	953	AND BYLAWS PROMULGATED BY THE COMMISSION, SHALL BE BINDING UPO N THE 7
954	954	MEMBER STATES. 8
955	955
956	956	(C) ALL AGREEMENTS BETWEE N THE COMMISSION AND THE MEMBER 9
957	957	STATES SHALL BE BINDI NG IN ACCORDANCE WIT H THEIR TERMS . 10
958	958
959	959	(D) IN THE EVENT ANY PROV ISION OF THE COMPACT EXCEEDS THE 11
960	960	CONSTITUTIONAL LIMIT S IMPOSED ON THE LEG ISLATURE OF ANY MEMBER STATE, 12
961	961	SUCH PROVISION SHALL BE INEFFECTIVE TO TH E EXTENT OF THE CONF LICT WITH 13
962	962	THE CONSTITUTIONAL P ROVISION IN QUESTION IN THAT MEMBER STATE. 14
963	963
964	964	SECTION 20. RULES OF ORDER 15
965	965
966	966	THE MOS T CURRENT EDITION OF THE AMERICAN INSTITUTE OF 16
967	967	PARLIAMENTARIANS STANDARD CODE OF PARLIAMENTARY PROCEDURE SHALL 17
968	968	GOVERN ALL MEETINGS OF THE COMMISSION, INCLUDING ITS COMMIT TEES, IN 18
969	969	THOSE SITUATIONS NOT OTHERWISE COVERED IN THE BYLAWS. 19
970	970
971	971	SECTION 2. AND BE IT FURTHER ENACTED, That this Act is contingent on the 20
972	972	enacting of substantially similar legislation in four other states. The Maryland Department 21
973	973	of Health shall notify the Department of Legislative Services within 10 days after four 22
974	974	states have enacted legislation that is substantially similar to this Act. 23
975	975
976	976	SECTION 3. AND BE IT FURTHER ENACTED, That , subject to Section 2 of this 24
977	977	Act, this Act shall take effect October 1, 2025. 25