Maryland 2025 Regular Session

Maryland Senate Bill SB21 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	sb0021
6	6
7	7	SENATE BILL 21
8	8	J2 5lr0866
9	9	(PRE–FILED) CF HB 45
10	10	By: Senator Gile
11	11	Requested: September 17, 2024
12	12	Introduced and read first time: January 8, 2025
13	13	Assigned to: Finance
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Dentist and Dental Hygienist Compact 2
20	20
21	21	FOR the purpose of entering into the Dentist and Dental Hygienist Compact; authorizing 3
22	22	a dentist or dental hygienist to practice in a participating state under certain scope 4
23	23	of practice rules; establishing the Dentist and Dental Hygienist Compact 5
24	24	Commission to oversee the Compact and its duties and powers; and generally 6
25	25	relating to the Dentist and Dental Hygienist Compact. 7
26	26
27	27	BY adding to 8
28	28	Article – Health Occupations 9
29	29	Section 4–3A–01 to be under the new subtitle “Subtitle 3A. Dentist and Dental 10
30	30	Hygienist Interstate Compact” 11
31	31	Annotated Code of Maryland 12
32	32	(2021 Replacement Volume and 2024 Supplement) 13
33	33
34	34	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
35	35	That the Laws of Maryland read as follows: 15
36	36
37	37	Article – Health Occupations 16
38	38
39	39	SUBTITLE 3A. DENTIST AND DENTAL HYGIENIST INTERSTATE COMPACT. 17
40	40
41	41	4–3A–01. 18
42	42
43	43	SECTION 1. TITLE AND PURPOSE. 19
44	44
45	45	THIS STATUTE SHALL BE KNOWN AND CITED AS T HE DENTIST AND DENTAL 20
46	46	HYGIENIST COMPACT. THE PURPOSES OF THIS COMPACT ARE TO FACILI TATE THE 21
47	47	INTERSTATE PRACTICE OF DENTISTRY AND DEN TAL HYGIENE AND IMPR OVE PUBLIC 22 2 SENATE BILL 21
48	48
49	49
50	50	ACCESS TO DENTISTRY AND DENTAL HYGIENE S ERVICES BY PROVIDING DENTISTS 1
51	51	AND DENTAL HYGIENIST S LICENSED IN A PART ICIPATING STATE THE ABILITY TO 2
52	52	PRACTICE IN PARTICIP ATING STATES IN WHIC H THEY ARE NOT LICEN SED. THE 3
53	53	COMPACT DOES THIS BY ESTABLISHING A PATHW AY FOR DENTISTS AND DENTAL 4
54	54	HYGIENISTS LICENSED IN A PART ICIPATING STATE TO O BTAIN A COMPACT 5
55	55	PRIVILEGE THAT AUTHO RIZES THEM TO PRACTI CE IN ANOTHER PARTIC IPATING 6
56	56	STATE IN WHICH THEY ARE NOT LICENSED . THE COMPACT ENABLES PARTI CIPATING 7
57	57	STATES TO PROTECT TH E PUBLIC HEALTH AND SAFETY WITH RESPECT TO THE 8
58	58	PRACTICE OF S UCH DENTISTS AND DEN TAL HYGIENISTS , THROUGH THE STATE’S 9
59	59	AUTHORITY TO REGULAT E THE PRACTICE OF DE NTISTRY AND DENTAL H YGIENE IN 10
60	60	THE STATE. THE COMPACT: 11
61	61
62	62	(A) ENABLES DENTISTS AND DENTAL HYGIENISTS WH O QUALIFY FOR A 12
63	63	COMPACT PRIVILEGE TO PRACTICE IN OTHER PA RTICIPATING STATES WI THOUT 13
64	64	SATISFYING BURDENSOM E AND DUPLICATIVE RE QUIREMENTS ASSOCIATE D WITH 14
65	65	SECURING A LICENSE T O PRACTICE IN THOSE STATES; 15
66	66
67	67	(B) PROMOTES MOBILITY AND ADDRESSES WORKFORCE SHORTAGES 16
68	68	THROUGH EACH PARTICI PATING STATE’S ACCEPTANCE OF A CO MPACT PRIVILEGE 17
69	69	TO PRACTICE IN THAT STATE; 18
70	70
71	71	(C) INCREASES PUBLIC ACCE SS TO QUALIFIED , LICENSED DENTISTS AN D 19
72	72	DENTAL HYGIENISTS BY CREATING A RESPONSIB LE, STREAMLINED PATHWAY FOR 20
73	73	LICENSEES TO PRACTIC E IN PARTICIPATING S TATES; 21
74	74
75	75	(D) ENHANCES THE ABILITY OF PARTICIPATING STA TES TO PROTECT THE 22
76	76	PUBLIC’S HEALTH AND SAFETY ; 23
77	77
78	78	(E) DOES NOT INTERFERE WI TH LICENSURE REQUIRE MENTS ESTABLISHED 24
79	79	BY A PARTICIPATING S TATE; 25
80	80
81	81	(F) FACILITATES THE SHARI NG OF LICENSURE AND DISCIPLINARY 26
82	82	INFORMATION AMON G PARTICIPATING STAT ES; 27
83	83
84	84	(G) REQUIRES DENTISTS AND DENTAL HYGIENISTS WH O PRACTICE IN A 28
85	85	PARTICIPATING STATE PURSUANT TO A COMPAC T PRIVILEGE TO PRACT ICE WITHIN 29
86	86	THE SCOPE OF PRACTIC E AUTHORIZED IN THAT STATE; 30
87	87
88	88	(H) EXTENDS THE AUTHORITY OF A PARTICIPATIN G STATE TO REGULATE 31
89	89	THE PRACTICE OF DENT ISTRY AND DENTAL HYG IENE WITHIN ITS BORD ERS TO 32
90	90	DENTISTS AND DENTAL HYGIENISTS WHO PRACT ICE IN THE STATE THR OUGH A 33
91	91	COMPACT PRIVILEGE ; 34
92	92	SENATE BILL 21 3
93	93
94	94
95	95	(I) PROMOTES THE COOPERAT ION OF PARTICIPATING STATES IN 1
96	96	REGULATING THE PRACT ICE OF DENTISTRY AND DEN TAL HYGIENE WITHIN T HOSE 2
97	97	STATES; AND 3
98	98
99	99	(J) FACILITATES THE RELOC ATION OF MILITARY ME MBERS AND THEIR 4
100	100	SPOUSES WHO ARE LICE NSED TO PRACTICE DEN TISTRY OR DENTAL HYG IENE. 5
101	101
102	102	SECTION 2. DEFINITIONS. 6
103	103
104	104	AS USED IN THIS COMPACT, UNLESS THE CONTEX T REQUIRES OTHERWISE , 7
105	105	THE FOLLOWING DEFINI TIONS SHALL APPLY : 8
106	106
107	107	(A) “ACTIVE MILITARY MEMBER” MEANS ANY PERSON WITH FULL–TIME 9
108	108	DUTY STATUS IN THE ARMED FORCES OF THE UNITED STATES INCLUDING MEMB ERS 10
109	109	OF THE NATIONAL GUARD AND RESERVE. 11
110	110
111	111	(B) “ADVERSE ACTION ” MEANS DISCIPLINARY AC TION OR ENCUMBRANCES 12
112	112	IMPOSED ON A LICENSE OR COMPACT PRIVILEGE BY A STATE LICENSING 13
113	113	AUTHORITY. 14
114	114
115	115	(C) “ALTERNATIVE PROGRAM ” MEANS A NONDISCIPLIN ARY MONITORING 15
116	116	OR PRACTICE REMEDIAT ION PROCESS APPLICAB LE TO A DENTIST OR D ENTAL 16
117	117	HYGIENIST A PPROVED BY A STATE L ICENSING AUTHORITY O F A PARTICIPATING 17
118	118	STATE IN WHICH THE D ENTIST OR DENTAL HYG IENIST IS LICENSED. THIS INCLUDES, 18
119	119	BUT IS NOT LIMITED T O, PROGRAMS TO WHICH LI CENSEES WITH SUBSTAN CE ABUSE 19
120	120	OR ADDICTION ISSUES ARE REFERRED IN LIEU OF ADVERSE ACTION. 20
121	121
122	122	(D) “CLINICAL ASSESSMENT ” MEANS AN EXAMINATION OR PROCESS , 21
123	123	REQUIRED FOR LICENSU RE AS A DENTIST OR D ENTAL HYGIENIST AS A PPLICABLE, 22
124	124	THAT PROVIDES EVIDEN CE OF CLINICAL COMPE TENCE IN DENTISTRY O R DENTAL 23
125	125	HYGIENE. 24
126	126
127	127	(E) “COMMISSIONER ” MEANS THE INDIVIDUAL APPOINTED BY A 25
128	128	PARTICIPATING STATE TO SERVE AS THE MEMB ER OF THE COMMISSION FOR THAT 26
129	129	PARTICIPATING STATE . 27
130	130
131	131	(F) “COMPACT” MEANS THIS DENTIST AND DENTAL HYGIENIST COMPACT. 28
132	132
133	133	(G) “COMPACT PRIVILEGE ” MEANS THE AUTHORIZAT ION GRANTED BY T HE 29
134	134	REMOTE STATE TO ALLO W A LICENSEE FROM A PARTICIPATING STATE TO PRACTICE 30
135	135	AS A DENTIST OR DENT AL HYGIENIST IN A RE MOTE STATE. 31
136	136	4 SENATE BILL 21
137	137
138	138
139	139	(H) “CONTINUING PROFESSION AL DEVELOPMENT ” MEANS A REQUIREMENT 1
140	140	AS A CONDITION OF LI CENSE RENEWAL TO PRO VIDE EVIDENCE OF SUC CESSFUL 2
141	141	PARTICIPATION IN EDU CATIONAL OR PROFESSI ONAL ACTIVITIES RELE VANT TO 3
142	142	PRACTICE OR AREA OF WORK. 4
143	143
144	144	(I) “CRIMINAL BACKGROUND C HECK” MEANS THE SUBMISSION OF 5
145	145	FINGERPRINTS OR OTHE R BIOMETRIC –BASED INFORMATION FO R A LICENSE 6
146	146	APPLICANT FOR THE PU RPOSE OF OBTAIN ING THAT APPLICANT ’S CRIMINAL 7
147	147	HISTORY RECORD INFOR MATION AS DEFINED IN 28 C.F.R. § 20.3(D) FROM THE 8
148	148	FEDERAL BUREAU OF INVESTIGATION AND THE STATE’S CRIMINAL HISTORY 9
149	149	RECORD REPOSITORY AS DEFINED IN 28 C.F.R. § 20.3(F). 10
150	150
151	151	(J) “DATA SYSTEM ” MEANS THE COMMISSION’S REPOSITORY OF 11
152	152	INFORMATION ABOUT LI CENSEES, INCLUDING BUT NOT LIMITED TO EXAMINATION , 12
153	153	LICENSURE, INVESTIGATIVE, COMPACT PRIVILEGE , ADVERSE ACTION , AND 13
154	154	ALTERNATIVE PROGRAM . 14
155	155
156	156	(K) “DENTAL HYGIENIST ” MEANS AN INDIVIDUAL WHO IS LICENSED BY A 15
157	157	STATE LICENS ING AUTHORITY TO PRA CTICE DENTAL HYGIENE . 16
158	158
159	159	(L) “DENTIST” MEANS AN INDIVIDUAL WHO IS LICENSED BY A STATE 17
160	160	LICENSING AUTHORITY TO PRACTICE DENTISTR Y. 18
161	161
162	162	(M) “DENTIST AND DENTAL HYGIENIST COMPACT COMMISSION” OR 19
163	163	“COMMISSION” MEANS A JOINT GOVERN MENT AGENCY ES TABLISHED BY THIS 20
164	164	COMPACT COMPOSED OF E ACH STATE THAT HAS E NACTED THE COMPACT AND A 21
165	165	NATIONAL ADMINISTRAT IVE BODY COMPOSED OF A COMMISSIONER FROM EACH 22
166	166	STATE THAT HAS ENACT ED THE COMPACT. 23
167	167
168	168	(N) “ENCUMBERED LICENSE ” MEANS A LICENSE THAT A STATE LICENSING 24
169	169	AUTHORITY HAS LIMITED I N ANY WAY OTHER THAN THROUGH AN ALTERNATI VE 25
170	170	PROGRAM. 26
171	171
172	172	(O) “EXECUTIVE BOARD” MEANS THE CHAIR, VICE CHAIR, SECRETARY, 27
173	173	AND TREASURER AND ANY OTH ER COMMISSIONERS AS MAY BE DETERMINED BY 28
174	174	COMMISSION RULE OR BY LAW. 29
175	175
176	176	(P) “JURISPRUDENCE REQU IREMENT” MEANS THE ASSESSMENT OF AN 30
177	177	INDIVIDUAL’S KNOWLEDGE OF THE L AWS AND RULES GOVERN ING THE PRACTICE OF 31
178	178	DENTISTRY OR DENTAL HYGIENE, AS APPLICABLE, IN A STATE. 32
179	179	SENATE BILL 21 5
180	180
181	181
182	182	(Q) “LICENSE” MEANS CURRENT AUTHOR IZATION BY A STATE, OTHER THAN 1
183	183	AUTHORIZATION PURSUA NT TO A COMPACT PRIVILEGE , OR OTHER PRIVILEGE , FOR 2
184	184	AN INDIVIDUAL TO PRA CTICE AS A DENTIST O R DENTAL HYGIENIST I N THAT STATE. 3
185	185
186	186	(R) “LICENSEE” MEANS AN INDIVIDUAL WHO HOLDS AN UNRESTR ICTED 4
187	187	LICENSE FROM A PARTI CIPATING STATE TO PR ACTICE AS A DENTIST OR DENTAL 5
188	188	HYGIENIST IN THAT ST ATE. 6
189	189
190	190	(S) “MODEL COMPACT” MEANS THE MODEL FOR THE DENTIST AND 7
191	191	DENTAL HYGIENIST COMPACT ON FILE WITH THE COUNCIL OF STATE 8
192	192	GOVERNMENTS OR OTHER ENTITY AS DESIGNATED BY THE COMMISSION. 9
193	193
194	194	(T) “PARTICIPATING STATE ” MEANS A STATE THAT H AS ENACTED THE 10
195	195	COMPACT AND BEEN ADMI TTED TO THE COMMISSION IN ACCORDA NCE WITH THE 11
196	196	PROVISIONS HEREIN AN D COMMISSION RULES . 12
197	197
198	198	(U) “QUALIFYING LICENSE ” MEANS A LICENSE THAT IS NOT AN 13
199	199	ENCUMBERED LICENSE I SSUED BY A PARTICIPA TING STATE TO PRACTI CE 14
200	200	DENTISTRY OR DENTAL HYGIENE. 15
201	201
202	202	(V) “REMOTE STATE ” MEANS A PARTICIPATIN G STATE WHERE A LICE NSEE 16
203	203	WHO IS NOT LICENSED AS A DENTIST OR DENT AL HYGIENIST IS EXERCISING OR 17
204	204	SEEKING TO EXERCISE THE COMPACT PRIVILEG E. 18
205	205
206	206	(W) “RULE” MEANS A REGULATION P ROMULGATED BY AN ENT ITY THAT HAS 19
207	207	THE FORCE OF LAW . 20
208	208
209	209	(X) “SCOPE OF PRACTICE ” MEANS THE PROCEDURES , ACTIONS, AND 21
210	210	PROCESSES A DENTIST OR DENTAL HYGIENIST LICENSED IN A STATE IS PERMITTED 22
211	211	TO UNDERTAKE IN THAT STATE AND THE CIRCUM STANCES UNDER WHICH THE 23
212	212	LICENSEE IS PERMITTE D TO UNDERTAKE THOSE PROCEDURES , ACTIONS, AND 24
213	213	PROCESSES. SUCH PROCEDURES , ACTIONS, AND PROCESSES AND TH E 25
214	214	CIRCUMSTANCES UNDER WHICH THEY MAY BE UNDERTAKEN MAY BE ESTABLISHED 26
215	215	THROUGH MEANS , INCLUDING BUT NOT LIMITED TO STATUTE, REGULATIONS , CASE 27
216	216	LAW, AND OTHER PROCESSES AVAILABLE TO THE STA TE LICENSING AUTHORI TY OR 28
217	217	OTHER GOVERNMENT AGE NCY. 29
218	218
219	219	(Y) “SIGNIFICANT INVESTIGA TIVE INFORMATION ” MEANS INFO RMATION, 30
220	220	RECORDS, AND DOCUMENTS RECEIV ED OR GENERATED BY A STATE LICENSING 31
221	221	AUTHORITY PURSUANT T O AN INVESTIGATION F OR WHICH A DETERMINA TION HAS 32
222	222	BEEN MADE THAT THERE IS PROBABLE CAUSE TO BELIEVE THAT THE LIC ENSEE HAS 33
223	223	VIOLATED A STATUTE O R REGULATION THAT IS CONSIDERED MORE THAN A MINOR 34 6 SENATE BILL 21
224	224
225	225
226	226	INFRACTION FOR WHICH THE STATE LICENSING AUTHORITY COULD PURS UE 1
227	227	ADVERSE ACTION AGAIN ST THE LICENSEE . 2
228	228
229	229	(Z) “STATE” MEANS ANY STATE , COMMONWEALTH , DISTRICT, OR 3
230	230	TERRITORY OF THE UNITED STATES OF AMERICA THAT REGULATE S THE PRACTICES 4
231	231	OF DENTISTRY AND DEN TAL HYGIENE. 5
232	232
233	233	(AA) “STATE LICENSING AUTHO RITY” MEANS AN AGENCY OR O THER ENTITY 6
234	234	OF A STATE THAT IS R ESPONSIBLE FOR THE L ICENSING AND REGULAT ION OF 7
235	235	DENTISTS OR DENTAL H YGIENISTS. 8
236	236
237	237	SECTION 3. STATE PARTICIPATION IN THE COMPACT. 9
238	238
239	239	(A) IN ORDER TO JOIN THE COMPACT AND THEREAFTE R CONTINUE AS A 10
240	240	PARTICIPATING STATE , A STATE MUST: 11
241	241
242	242	(1) ENACT A COMPACT THAT IS NOT MATERIALLY DI FFERENT FROM 12
243	243	THE MODEL COMPACT AS DETERMINED IN ACCORDANCE WITH COMMISSION RULES ; 13
244	244
245	245	(2) PARTICIPATE FULLY IN THE COMMISSION’S DATA SYSTEM; 14
246	246
247	247	(3) HAVE A MECHANISM IN P LACE FOR RECEIVING A ND 15
248	248	INVESTIGATING COMPLA INTS ABOUT ITS LICEN SEES AND LICENSE APP LICANTS; 16
249	249
250	250	(4) NOTIFY THE COMMISSION, IN COMPLIANCE WITH T HE TERMS OF 17
251	251	THE COMPACT AND COMMISSION RULES , OF ANY ADVERSE ACTIO N OR THE 18
252	252	AVAILABILITY OF SIGN IFICANT INVESTIGATIV E INFORMATION REGARD ING A 19
253	253	LICENSEE AND LICENSE APPLICANT; 20
254	254
255	255	(5) FULLY IMPLEMENT A CRI MINAL BACKGROUND CHE CK 21
256	256	REQUIREMENT , WITHIN A TIME FRAME ESTABLISHED BY COMMISSION RULE , BY 22
257	257	RECEIVING THE RESULT S OF A QUALIFYING CR IMINAL BACKGROUND CH ECK; 23
258	258
259	259	(6) COMPLY WITH THE COMMISSION RULES APPL ICABLE TO A 24
260	260	PARTICIPATING STATE ; 25
261	261
262	262	(7) ACCEPT THE NATIONAL BOARD EXAMINATIONS OF THE JOINT 26
263	263	COMMISSION ON NATIONAL DENTAL EXAMINATIONS OR ANOT HER EXAMINATION 27
264	264	ACCEPTED BY COMMISSION RULE AS A LICENSURE EXAMINATIO N; 28
265	265
266	266	(8) ACCEPT FOR LICENSURE THAT APPLICANTS FOR A DENTIST 29
267	267	LICENSE GRADUATE FRO M A PREDOCTORAL DENT AL EDUCATION PROGRAM 30
268	268	ACCREDITED BY THE COMMISSION ON DENTAL ACCREDITATION OR ANOT HER 31 SENATE BILL 21 7
269	269
270	270
271	271	ACCREDITING AGENCY RECOGNIZED BY THE UNITED STATES DEPARTMENT OF 1
272	272	EDUCATION FOR THE ACC REDITATION OF DENTIS TRY AND DENTAL HYGIE NE 2
273	273	EDUCATION PROGRAMS , LEADING TO THE DOCTOR OF DENTAL SURGERY (D.D.S.) 3
274	274	OR DOCTOR OF DENTAL MEDICINE (D.M.D.) DEGREE; 4
275	275
276	276	(9) ACCEPT FOR LICENSURE THAT APPLICANTS FOR A DENTAL 5
277	277	HYGIENIST LICENSE GR ADUATE FROM A DENTAL HYGIENE EDUCATION PR OGRAM 6
278	278	ACCREDITED BY THE COMMISSION ON DENTAL ACCREDITATION OR ANOT HER 7
279	279	ACCREDITING AGENCY RECOGNIZED BY THE UNITED STATES DEPARTMENT OF 8
280	280	EDUCATION FOR THE ACCREDITATION OF DENTISTRY AND DEN TAL HYGIENE 9
281	281	PROGRAMS; 10
282	282
283	283	(10) REQUIRE FOR LICENSURE THAT APPLICANTS SUCC ESSFULLY 11
284	284	COMPLETE A CLINICAL ASSESSMENT; 12
285	285
286	286	(11) HAVE CONTINUING PROFE SSIONAL DEVELOPMENT 13
287	287	REQUIREMENTS AS A CO NDITION FOR LICENSE RENEWAL; AND 14
288	288
289	289	(12) PAY A PARTICIPATION F EE TO THE COMMISSION AS ESTABLI SHED 15
290	290	BY COMMISSION RULE . 16
291	291
292	292	(B) PROVIDING ALTERNATIVE PATHWAYS FOR AN INDI VIDUAL TO OBTAIN 17
293	293	AN UNRESTRICTED LICE NSE DOES NOT DISQUAL IFY A STATE FROM PAR TICIPATING 18
294	294	IN THE COMPACT. 19
295	295
296	296	(C) WHEN CON DUCTING A CRIMINAL B ACKGROUND CHECK , THE STATE 20
297	297	LICENSING AUTHORITY SHALL: 21
298	298
299	299	(1) CONSIDER THAT INFORMA TION IN MAKING A LIC ENSURE 22
300	300	DECISION; 23
301	301
302	302	(2) MAINTAIN DOCUMENTATIO N OF COMPLETION OF T HE CRIMINAL 24
303	303	BACKGROUND CHECK AND BACKGROUND CHECK INF ORMATION TO THE EXTE NT 25
304	304	ALLOWED BY STATE AND FEDERAL LAW ; AND 26
305	305
306	306	(3) REPORT TO THE COMMISSION WHETHER IT HAS COMPLETED THE 27
307	307	CRIMINAL BACKGROUND CHECK AND WHETHER T HE INDIVIDUAL WAS GR ANTED OR 28
308	308	DENIED A LICENSE . 29
309	309
310	310	(D) A LICENSEE OF A PARTIC IPATING STATE WHO HA S A QUALIFYING 30
311	311	LICENSE IN THAT STAT E AND DOES NOT HOLD AN ENCUMBERED LICENS E IN ANY 31
312	312	OTHER PARTICIPATING STATE SHALL BE ISSUE D A COMPACT PRIVILEG E IN A 32
313	313	REMOTE ST ATE IN ACCORDANCE WI TH THE TERMS OF THE COMPACT AND 33 8 SENATE BILL 21
314	314
315	315
316	316	COMMISSION RULES . IF A REMOTE STATE HAS A JURISPRUDENCE REQU IREMENT A 1
317	317	COMPACT PRIVILEGE WI LL NOT BE ISSUED TO THE LICENSEE UNLESS THE LICENSEE 2
318	318	HAS SATISFIED THE JU RISPRUDENCE REQUIREM ENT. 3
319	319
320	320	SECTION 4. COMPACT PRIVILEGE. 4
321	321
322	322	(A) TO OBTAIN AND EXERCIS E THE COMPACT PRIVIL EGE UNDER THE TERMS 5
323	323	AND PROVISIONS OF TH E COMPACT, THE LICENSEE SHALL : 6
324	324
325	325	(1) HAVE A QUALIFYING LIC ENSE AS A DENTIST OR DENTAL 7
326	326	HYGIENIST IN A PARTI CIPATING STATE; 8
327	327
328	328	(2) BE ELIGIBLE FOR A COM PACT PRIVILEGE IN AN Y REMOTE STATE 9
329	329	IN ACCORDANCE WITH S UBSECTIONS (D), (G), AND (H) OF THIS SECTION; 10
330	330
331	331	(3) SUBMIT TO AN APPLICAT ION PROCESS WHENEVER THE LICENSEE 11
332	332	IS SEEKING THE COMPA CT PRIVILEGE WITHIN A REMOTE STATE ; 12
333	333
334	334	(4) PAY ANY APPLICABLE COMMISSION AND REMOTE STATE F EES 13
335	335	FOR A COMPACT PRIVIL EGE IN THE REMOTE ST ATE; 14
336	336
337	337	(5) MEET ANY JURISPRUDENC E REQUIREMENT ESTABL ISHED BY A 15
338	338	REMOTE STATE IN WHIC H THE LICENSEE IS SE EKING A COMPACT PRIV ILEGE; 16
339	339
340	340	(6) HAVE PASSED A NATIONAL BOARD EXAMINATION OF THE JOINT 17
341	341	COMMISSION ON NATIONAL DENTAL EXAMINATIONS OR ANOTH ER EXAMINATION 18
342	342	ACCEPTED BY COMMISSION RULE ; 19
343	343
344	344	(7) FOR A DENTIST , HAVE GRADUATED FROM A PREDOCTORAL 20
345	345	DENTAL EDUCATION PRO GRAM ACCREDITED BY T HE COMMISSION ON DENTAL 21
346	346	ACCREDITATION OR ANOT HER ACCREDITING AGENCY RECOGNIZED BY THE UNITED 22
347	347	STATES DEPARTMENT OF EDUCATION FOR THE ACCREDITATION OF DENTISTRY 23
348	348	AND DENTAL HYGIENE E DUCATION PROGRAMS , LEADING TO THE DOCTOR OF 24
349	349	DENTAL SURGERY (D.D.S.) OR DOCTOR OF DENTAL MEDICINE (D.M.D.) DEGREE; 25
350	350
351	351	(8) FOR A DENTAL HYGIENIST, HAVE GRADUATED FROM A DENTAL 26
352	352	HYGIENE EDUCATION PR OGRAM ACCREDITED BY THE COMMISSION ON DENTAL 27
353	353	ACCREDITATION OR ANOT HER ACCREDITING AGENCY RECOGNIZED BY THE UNITED 28
354	354	STATES DEPARTMENT OF EDUCATION FOR THE ACC REDITATION OF DENTIS TRY 29
355	355	AND DENTAL HYGIE NE EDUCATION PROGRAM S; 30
356	356
357	357	(9) HAVE SUCCESSFULLY COM PLETED A CLINICAL AS SESSMENT FOR 31
358	358	LICENSURE; 32 SENATE BILL 21 9
359	359
360	360
361	361
362	362	(10) REPORT TO THE COMMISSION ADVERSE AC TION TAKEN BY ANY 1
363	363	NONPARTICIPATING STA TE WHEN APPLYING FOR A COMPACT PRIVILEGE AND 2
364	364	OTHERWISE WITHIN THI RTY (30) DAYS FROM THE DATE T HE ADVERSE ACTION IS 3
365	365	TAKEN; 4
366	366
367	367	(11) REPORT TO THE COMMISSION WHEN APPLY ING FOR A COMPACT 5
368	368	PRIVILEGE THE ADDRES S OF THE LICENSEE ’S PRIMARY RESIDENCE AND 6
369	369	THEREAFTER IMMEDIATE LY REPORT TO THE COMMISSION ANY CHANGE IN THE 7
370	370	ADDRESS OF THE LICEN SEE’S PRIMARY RESIDENCE ; AND 8
371	371
372	372	(12) CONSENT TO ACCEPT SER VICE OF PROCESS BY M AIL AT THE 9
373	373	LICENSEE’S PRIMAR Y RESIDENCE ON RECOR D WITH THE COMMISSION WITH 10
374	374	RESPECT TO ANY ACTIO N BROUGHT AGAINST TH E LICENSEE BY THE COMMISSION 11
375	375	OR A PARTICIPATING S TATE, AND CONSENT TO ACCEP T SERVICE OF A SUBPO ENA BY 12
376	376	MAIL AT THE LICENSEE ’S PRIMARY RESIDENCE ON RECORD WITH THE COMMISSION 13
377	377	WITH RESPECT TO ANY ACTION BROUGHT OR IN VESTIGATION CONDUCTE D BY THE 14
378	378	COMMISSION OR A PARTI CIPATING STATE. 15
379	379
380	380	(B) THE LICENSEE MUST COM PLY WITH THE REQUIRE MENTS OF 16
381	381	SUBSECTION (A) OF THIS SECTION TO M AINTAIN THE COMPACT PRIVILEGE IN THE 17
382	382	REMOTE STATE . IF THOSE REQUIREMENTS A RE MET, THE COMPACT PRIVILEG E WILL 18
383	383	CONTINUE AS LONG AS THE LICENSEE MAINTAI NS A QUALIFYING LICE NSE IN THE 19
384	384	STATE THROUGH WHICH THE LICENSEE APPLIED FOR THE COMPACT PRIV ILEGE AND 20
385	385	PAYS ANY APPLICABLE COMPACT PRIVILEGE RE NEWAL FEES. 21
386	386
387	387	(C) A LICENSEE PROVIDING D ENTISTRY OR DENTAL H YGIENE IN A REMOTE 22
388	388	STATE UNDER THE COMP ACT PRIVILEGE SHALL FUNCTION WITHIN THE SCOPE OF 23
389	389	PRACTICE AUTHORIZED BY THE REMOTE STATE FOR A DENTIST OR DEN TAL 24
390	390	HYGIENIST LICENSED I N THAT STATE. 25
391	391
392	392	(D) A LICENSEE PROVIDING DENTISTRY OR DENTAL HYGIENE PURSUANT TO 26
393	393	A COMPACT PRIVILEGE IN A REMOTE STATE IS SUBJECT TO THAT STAT E’S 27
394	394	REGULATORY AUTHORITY . A REMOTE STATE MAY , IN ACCORDANCE WITH D UE 28
395	395	PROCESS AND THAT STA TE’S LAWS, BY ADVERSE ACTION , REVOKE OR REMOVE A 29
396	396	LICENSEE’S COMPACT PRIVILEGE IN THE REMOTE STATE FOR A S PECIFIC PERIOD 30
397	397	OF TIME AND IMPOSE F INES OR TAKE ANY OTH ER NECESSARY ACTIONS TO PROTECT 31
398	398	THE HEALTH AND SAFET Y OF ITS CITIZENS . IF A REMOTE STATE IMP OSES AN 32
399	399	ADVERSE ACTION AGAIN ST A COMPACT PRIVILE GE THAT LIMITS THE C OMPACT 33
400	400	PRIVILEGE, THAT ADVERSE ACTION APPLIES TO ALL COMPA CT PRIVILEGES IN ALL 34
401	401	REMOTE STATES . A LICENSEE WHOSE COMPA CT PRIVILEGE IN A RE MOTE STATE IS 35
402	402	REMOVED FOR A SPECIF IED PERIOD OF TIME I S NOT ELIGIBLE FOR A COMPACT 36
403	403	PRIVILEGE IN ANY OTH ER REMOTE STATE UN TIL THE SPECIFIC TIM E FOR REMOVAL 37 10 SENATE BILL 21
404	404
405	405
406	406	OF THE COMPACT PRIVI LEGE HAS PASSED AND ALL ENCUMBRANCE REQU IREMENTS 1
407	407	ARE SATISFIED. 2
408	408
409	409	(E) IF A LICENSE IN A PAR TICIPATING STATE IS AN ENCUMBERED LICENS E, 3
410	410	THE LICENSEE SHALL L OSE THE COMPACT PRIV ILEGE IN A REMOTE ST ATE AND 4
411	411	SHALL NOT BE ELIGIBL E FOR A COMPACT PRIV ILEGE IN ANY REMOTE STATE UNTIL 5
412	412	THE LICENSE IS NO LO NGER ENCUMBERED . 6
413	413
414	414	(F) ONCE AN ENCUMBERED LI CENSE IN A PARTICIPA TING STATE IS 7
415	415	RESTORED TO GOOD STA NDING, THE LICENSEE MUST ME ET THE REQUIREMENTS OF 8
416	416	SUBSECTION (A) OF THIS SECTION TO O BTAIN A COMPACT PRIV ILEGE IN A REMOTE 9
417	417	STATE. 10
418	418
419	419	(G) IF A LICENSEE’S COMPACT PRIVILEGE IN A REMOTE STATE IS REMOVED 11
420	420	BY THE REMOTE STATE , THE INDIVIDUAL SHALL LOSE OR BE INELIGIBL E FOR THE 12
421	421	COMPACT PRIVILEGE IN ANY REMOTE STATE UNT IL THE FOLLOWING OCCUR : 13
422	422
423	423	(1) THE SPECIFIC PERIOD O F TIME FOR WHICH THE COMPACT 14
424	424	PRIVILEGE WAS REMOVE D HAS ENDED; AND 15
425	425
426	426	(2) ALL CONDITIONS FOR RE MOVAL OF THE COMPACT PRIVILEGE 16
427	427	HAVE BEEN SATISFIED . 17
428	428
429	429	(H) ONCE THE REQUIREMENTS OF SUBSECTION (G) OF THIS SECTION H AVE 18
430	430	BEEN MET, THE LICENSEE MUST ME ET THE REQUIREMENTS IN SUBSECTION (A) OF 19
431	431	THIS SECTION TO OBTA IN A COMPACT PRIVILE GE IN A REMOTE STATE . 20
432	432
433	433	SECTION 5. ACTIVE MILITARY MEMBER PERSONNEL OR THEIR 21
434	434	SPOUSES. 22
435	435
436	436	AN ACTIVE MILITARY MEMBER AND THEIR SPOUSE SHA LL NOT BE REQUIRED 23
437	437	TO PAY TO THE COMMISSION FOR A COMP ACT PRIVILEGE THE FE E OTHERWISE 24
438	438	CHARGED BY THE COMMISSION. IF A REMOTE STATE CHO OSES TO CHARGE A FEE 25
439	439	FOR A COMPACT PRIVIL EGE, IT MAY CHOOSE TO CHA RGE A REDUCED FEE OR NO FEE 26
440	440	TO AN ACTIVE MILITARY MEMBER AND THEIR SPOUSE FOR A COMPACT PRIVILEGE . 27
441	441
442	442	SECTION 6. ADVERSE ACTIONS. 28
443	443
444	444	(A) A PARTICIPATING STATE IN WHICH A LICENSEE IS LICENSED SHALL 29
445	445	HAVE EXCLUSIVE AUTHO RITY TO IMPOSE ADVER SE ACTION AGAINST TH E 30
446	446	QUALIFYING LICENSE I SSUED BY THAT P ARTICIPATING STATE . 31
447	447	SENATE BILL 21 11
448	448
449	449
450	450	(B) A PARTICIPATING STATE MAY TAKE ADVERSE ACT ION BASED ON THE 1
451	451	SIGNIFICANT INVESTIG ATIVE INFORMATION OF A REMOTE STATE , SO LONG AS THE 2
452	452	PARTICIPATING STATE FOLLOWS ITS OWN PROC EDURES FOR IMPOSING ADVERSE 3
453	453	ACTION. 4
454	454
455	455	(C) NOTHING IN THIS COMPACT SHALL OVERRID E A PARTICIPATING 5
456	456	STATE’S DECISION THAT PART ICIPATION IN AN ALTE RNATIVE PROGRAM MAY BE 6
457	457	USED IN LIEU OF ADVE RSE ACTION AND THAT SUCH PARTICIPATION S HALL REMAIN 7
458	458	NONPUBLIC IF REQUIRE D BY THE PARTICIPATI NG STATE’S LAWS. PARTICIPATING 8
459	459	STATES MUST REQUIRE LICE NSEES WHO ENTER ANY ALTERNATIVE PROGRAM IN 9
460	460	LIEU OF DISCIPLINE T O AGREE NOT TO PRACT ICE PURSUANT TO A CO MPACT 10
461	461	PRIVILEGE IN ANY OTH ER PARTICIPATING STA TE DURING THE TERM O F THE 11
462	462	ALTERNATIVE PROGRAM WITHOUT PRIOR AUTHOR IZATION FROM SUCH OT HER 12
463	463	PARTICIPATING STATE . 13
464	464
465	465	(D) ANY PARTICIPATING STA TE IN WHICH A LICENS EE IS APPLYING TO 14
466	466	PRACTICE OR IS PRACT ICING PURSUANT TO A COMPACT PRIVILEGE MA Y 15
467	467	INVESTIGATE ACTUAL O R ALLEGED VIOLATIONS OF THE STATUTES AND 16
468	468	REGULATIONS AUTHORIZ ING THE PRACTICE OF DENTISTRY OR DENTAL HYG IENE IN 17
469	469	ANY OTHER PARTICIPAT ING STATE IN WHICH T HE DENTIST OR DENTAL HYGIENIST 18
470	470	HOLDS A LICENSE OR C OMPACT PRIVILEGE . 19
471	471
472	472	(E) A REMOTE STATE SHALL H AVE THE AUTHORITY TO : 20
473	473
474	474	(1) TAKE ADVERSE ACTIONS AS SET FORTH IN SECTION 4(D) OF THIS 21
475	475	COMPACT AGAINST A LICENS EE’S COMPACT PRIVILEGE IN THE STATE; 22
476	476
477	477	(2) IN FURTHERANCE OF ITS RIGHTS AND RESPONSIB ILITIES UNDER 23
478	478	THE COMPACT AND THE COMMISSION’S RULES, ISSUE SUBPOENAS FOR BOTH 24
479	479	HEARINGS AND INVESTI GATIONS THAT REQUIRE THE ATTENDANCE AND T ESTIMONY 25
480	480	OF WITNESSES AND THE PRODUCTION OF EVIDEN CE. SUBPOENAS ISSUED BY A 26
481	481	STATE LICENSING AUTH ORITY IN A PARTICIPA TING STATE FOR THE A TTENDANCE 27
482	482	AND TESTIMONY OF WIT NESSES, OR THE PRODUCTION OF EVIDENCE FROM 28
483	483	ANOTHER PARTICIPATIN G STATE, SHALL BE ENFORCED IN THE LATTER STATE BY 29
484	484	ANY COURT OF COMPETE NT JURISDICTION , ACCORDING TO THE PRA CTICE AND 30
485	485	PROCEDURE OF THAT CO URT APPLICABLE TO SU BPOENAS ISSUED IN PR OCEEDINGS 31
486	486	PENDING BEFORE IT . THE ISSUING AUTHORITY SHALL PAY ANY WITNES S FEES, 32
487	487	TRAVEL EXPENSES , MILEAGE, AND OTHER F EES REQUIRED BY THE SERVICE 33
488	488	STATUTES OF THE STAT E WHERE THE WITNESSE S OR EVIDENCE IS LOC ATED; AND 34
489	489
490	490	(3) IF OTHERWISE PERMITTE D BY STATE LAW , RECOVER FROM THE 35
491	491	LICENSEE THE COSTS O F INVESTIGATIONS AND DISPOSITION OF CASES RESULTING 36
492	492	FROM ANY ADVERSE ACT ION TAKEN AGAINST THAT LI CENSEE. 37 12 SENATE BILL 21
493	493
494	494
495	495
496	496	(F) (1) IN ADDITION TO THE AU THORITY GRANTED TO A PARTICIPATING 1
497	497	STATE BY ITS DENTIST OR DENTAL HYGIENIST LICENSURE ACT OR OTH ER 2
498	498	APPLICABLE STATE LAW , A PARTICIPATING STAT E MAY JOINTLY INVEST IGATE 3
499	499	LICENSEES WITH OTHER PARTICIPATING STATES. 4
500	500
501	501	(2) PARTICIPATING STATES SHALL SHARE ANY SIGN IFICANT 5
502	502	INVESTIGATIVE INFORM ATION, LITIGATION, OR COMPLIANCE MATERI ALS IN 6
503	503	FURTHERANCE OF ANY J OINT OR INDIVIDUAL I NVESTIGATION INITIAT ED UNDER 7
504	504	THE COMPACT. 8
505	505
506	506	(G) (1) AFTER A LICENSEE ’S COMPACT PRIVILEGE IN A REMOT E STATE IS 9
507	507	TERMINATED , THE REMOTE STATE MAY CONTINUE AN INVESTIG ATION OF THE 10
508	508	LICENSEE THAT BEGAN WHEN THE LICENSEE HA D A COMPACT PRIVILEG E IN THAT 11
509	509	REMOTE STATE . 12
510	510
511	511	(2) IF THE INVESTIGATION YIELDS WHAT WOULD BE SIGNIFICANT 13
512	512	INVESTIGATIVE INFORMATION HAD THE LICENSEE CONTINUED T O HAVE A COMPACT 14
513	513	PRIVILEGE IN THAT RE MOTE STATE , THE REMOTE STATE SHA LL REPORT THE 15
514	514	PRESENCE OF SUCH INF ORMATION TO THE DATA SYSTEM AS REQUIRED B Y SECTION 16
515	515	8(B)(6) OF THIS COMPACT AS IF IT WAS SIGNIFICANT INVESTIG ATIVE INFORMATION . 17
516	516
517	517	SECTION 7. ESTABLISHMENT AND OPERATION OF THE COMMISSION. 18
518	518
519	519	(A) THE COMPACT PARTICIPATING STATES HEREBY CREATE AND 19
520	520	ESTABLISH A JOINT GO VERNMENT AGENCY WHOS E MEMBERSHIP CONSIST S OF ALL 20
521	521	PARTICIPATING STATES THAT HAVE ENACTED TH E COMPACT. THE COMMISSION IS 21
522	522	AN INSTRUMENTALITY O F THE PARTICIPATING STATES ACTING JOINTL Y AND NOT 22
523	523	AN INSTRUMENTALITY O F ANY ONE STATE . THE COMMISSION SHALL COME INTO 23
524	524	EXISTENCE ON OR AFTE R THE EFFECTIVE DATE OF THE COMPACT AS SET FORTH IN 24
525	525	SECTION 11(A) OF THIS COMPACT. 25
526	526
527	527	(B) (1) EACH PARTICIPATING ST ATE SHALL HAVE AND B E LIMITED TO 26
528	528	ONE (1) COMMISSIONER SELECTE D BY THAT PARTICIPAT ING STATE’S STATE 27
529	529	LICENSING AUTHORITY OR, IF THE STATE HAS MOR E THAN ONE STATE LIC ENSING 28
530	530	AUTHORITY, SELECTED COLLECTIVEL Y BY THE STATE LICEN SING AUTHORITIES. 29
531	531
532	532	(2) THE COMMISSIONER SHAL L BE A MEMBER OR DES IGNEE OF SUCH 30
533	533	AUTHORITY OR AUTHORI TIES. 31
534	534
535	535	(3) THE COMMISSION MAY BY RUL E OR BYLAW ESTABLISH A TERM OF 32
536	536	OFFICE FOR COMMISSIO NERS AND MAY BY RULE OR BYLAW ESTABLISH T ERM 33
537	537	LIMITS. 34 SENATE BILL 21 13
538	538
539	539
540	540
541	541	(4) THE COMMISSION MAY RECOMMEND T O A STATE LICENSING 1
542	542	AUTHORITY OR AUTHORI TIES, AS APPLICABLE , REMOVAL OR SUSPENSIO N OF AN 2
543	543	INDIVIDUAL AS THE ST ATE’S COMMISSIONER . 3
544	544
545	545	(5) A PARTICIPATING STATE ’S STATE LICENSING AU THORITY OR 4
546	546	AUTHORITIES, AS APPLICABLE, SHALL FILL ANY VAC ANCY OF ITS COMMISSI ONER ON 5
547	547	THE COMMISSION WITHIN SIX TY (60) DAYS OF THE VACANCY . 6
548	548
549	549	(6) EACH COMMISSIONER SHA LL BE ENTITLED TO ON E VOTE ON ALL 7
550	550	MATTERS THAT ARE VOT ED UPON BY THE COMMISSION. 8
551	551
552	552	(7) THE COMMISSION SHALL MEET AT LEAST ONCE DURING EACH 9
553	553	CALENDAR YEAR. ADDITIONAL MEETINGS M AY BE HELD AS SET FO RTH IN THE 10
554	554	BYLAWS. THE COMMISSION MAY MEET B Y TELECOMMUNICATION , VIDEO 11
555	555	CONFERENCE , OR OTHER SIMILAR ELE CTRONIC MEANS . 12
556	556
557	557	(C) THE COMMISSION SHALL HAVE THE FOLLOWING POWERS : 13
558	558
559	559	(1) ESTABLISH THE FISCAL YEAR OF THE COMMISSION; 14
560	560
561	561	(2) ESTABLISH A CODE OF C ONDUCT AND CONFLICT OF INTEREST 15
562	562	POLICIES; 16
563	563
564	564	(3) ADOPT RULES AND BYLAW S; 17
565	565
566	566	(4) MAINTAIN ITS FINANCIA L RECORDS IN ACCORDA NCE WITH THE 18
567	567	BYLAWS; 19
568	568
569	569	(5) MEET AND TAKE SUCH AC TIONS AS ARE CONSIST ENT WITH THE 20
570	570	PROVISIONS OF THIS COMPACT, THE COMMISSION’S RULES, AND THE BYLAWS ; 21
571	571
572	572	(6) INITIATE AND CONCLUDE LEGAL PROCEEDINGS OR ACTIONS IN 22
573	573	THE NAME OF THE COMMISSION, PROVIDED THAT THE ST ANDING OF ANY STATE 23
574	574	LICENSING AUTHORITY TO S UE OR BE SUED UNDER APPLICABLE LAW SHALL NOT BE 24
575	575	AFFECTED; 25
576	576
577	577	(7) MAINTAIN AND CERTIFY RECORDS AND INFORMAT ION PROVIDED 26
578	578	TO A PARTICIPATING S TATE AS THE AUTHENTI CATED BUSINESS RECOR DS OF THE 27
579	579	COMMISSION, AND DESIGNATE A PERS ON TO DO SO ON THE COMMISSION’S BEHALF; 28
580	580
581	581	(8) PURCHASE AND MAINTAIN INSURANCE AND BONDS ; 29
582	582	14 SENATE BILL 21
583	583
584	584
585	585	(9) BORROW, ACCEPT, OR CONTRACT FOR SERV ICES OF PERSONNEL , 1
586	586	INCLUDING, BUT NOT LIMITED TO , EMPLOYEES OF A PARTI CIPATING STATE; 2
587	587
588	588	(10) CONDUCT AN ANNUAL FIN ANCIAL REVIEW ; 3
589	589
590	590	(11) HIRE EMPLOYEES , ELECT OR APPOINT OFF ICERS, FIX 4
591	591	COMPENSATION , DEFINE DUTIES , GRANT SUCH INDIVIDUA LS APPROPRIATE 5
592	592	AUTHORITY TO CARRY O UT THE PURPOSES OF T HE COMPACT, AND ESTABLISH THE 6
593	593	COMMISSION’S PERSONNEL POLICIES AND PROGRAMS RELATIN G TO CONFLICTS OF 7
594	594	INTEREST, QUALIFICATIONS OF PE RSONNEL, AND OTHER RELATED PE RSONNEL 8
595	595	MATTERS; 9
596	596
597	597	(12) AS SET FORTH IN THE COMMISSION RULES , CHARGE A FEE TO A 10
598	598	LICENSEE FOR THE GRA NT OF A COMPACT PRIV ILEGE IN A REMOTE ST ATE AND 11
599	599	THEREAFTER , AS MAY BE ESTABLISHE D BY COMMISSION RULE, CHARGE THE 12
600	600	LICENSEE A COMPACT P RIVILEGE RENEWAL FEE FOR EACH RENEWAL PER IOD IN 13
601	601	WHICH THAT LICENSEE EXERCISES OR INTENDS TO EXERCISE THE COMP ACT 14
602	602	PRIVILEGE IN THAT RE MOTE STATE. NOTHING HEREIN SHALL BE CONSTRUED TO 15
603	603	PREVENT A REMOTE STA TE FROM CHARGING A LICENSEE A FEE FOR A COMPACT 16
604	604	PRIVILEGE OR RENEWAL S OF A COMPACT PRIVI LEGE, OR A FEE FOR THE 17
605	605	JURISPRUDENCE REQUIR EMENT IF THE REMOTE STATE IMPOSES SUCH A 18
606	606	REQUIREMENT FOR THE GRANT OF A COMPACT P RIVILEGE; 19
607	607
608	608	(13) ACCEPT ANY AND ALL AP PROPRIATE GIFTS , DONATIONS, GRANTS 20
609	609	OF MONEY, OTHER SOURCES OF REV ENUE, EQUIPMENT, SUPPLIES, MATERIALS, AND 21
610	610	SERVICES, AND RECEIVE, UTILIZE, AND DISPOSE OF THE S AME, PROVIDED THAT AT 22
611	611	ALL TIMES THE COMMISSION SHALL AVOI D ANY APPEARANCE OF IMPROPRIETY 23
612	612	AND/OR CONFLICT OF INTER EST; 24
613	613
614	614	(14) LEASE, PURCHASE, RETAIN, OWN, HOLD, IMPROVE, OR USE ANY 25
615	615	PROPERTY, REAL, PERSONAL, OR MIXED, OR ANY UNDIVIDED INT EREST THEREIN ; 26
616	616
617	617	(15) SELL, CONVEY, MORTGAGE , PLEDGE, LEASE, EXCHANGE, 27
618	618	ABANDON, OR OTHERWISE DISPOSE OF ANY PROPERTY , REAL, PERSONAL, OR MIXED; 28
619	619
620	620	(16) ESTABLISH A BUDGET AN D MAKE EXPENDITURES ; 29
621	621
622	622	(17) BORROW MONEY ; 30
623	623
624	624	(18) APPOINT COMMITTEES , INCLUDING STANDING C OMMITTEES, 31
625	625	WHICH MAY BE COMPOSE D OF MEMBERS , STATE REGULATORS , STATE LEGISLATORS 32
626	626	OR THEIR REPRESENTAT IVES, AND CONSUMER REPRESE NTATIVES, AND SUCH 33 SENATE BILL 21 15
627	627
628	628
629	629	OTHER INTERESTED PER SONS AS MAY BE DESIG NATED IN THIS COMPACT AND THE 1
630	630	BYLAWS; 2
631	631
632	632	(19) PROVIDE AND RECEIVE I NFORMATION FROM , AND COOPERATE 3
633	633	WITH, LAW ENFORCEMENT AGEN CIES; 4
634	634
635	635	(20) ELECT A CHAIR, VICE CHAIR, SECRETARY, AND TREASURER AND 5
636	636	SUCH OTHER OFFICERS OF THE COMMISSION AS PROVIDE D IN THE COMMISSION’S 6
637	637	BYLAWS; 7
638	638
639	639	(21) ESTABLISH AND ELECT AN EXECUTIVE BOARD; 8
640	640
641	641	(22) ADOPT AND PROVIDE TO THE PARTICIPATING ST ATES AN ANNUAL 9
642	642	REPORT; 10
643	643
644	644	(23) DETERMINE WHETHER A S TATE’S ENACTED COMPACT IS 11
645	645	MATERIALLY DIFFERENT FROM THE MODEL COMPACT LANGUAGE SUCH THAT THE 12
646	646	STATE WOULD NOT QUAL IFY FOR PARTICIPATION IN THE COMPACT; AND 13
647	647
648	648	(24) PERFORM SUCH OTHER FU NCTIONS AS MAY BE NE CESSARY OR 14
649	649	APPROPRIATE TO ACHIE VE THE PURPOSES OF T HIS COMPACT. 15
650	650
651	651	(D) (1) ALL MEETINGS OF THE COMMISSION THAT ARE N OT CLOSED 16
652	652	PURSUANT TO THIS SUB SECTION SHALL BE OPE N TO THE PUBLIC . NOTICE OF 17
653	653	PUBLIC MEETINGS SHAL L BE POSTED ON THE COMMISSION’S WEBSITE AT LEAST 18
654	654	THIRTY (30) DAYS PRIOR TO THE PU BLIC MEETING. 19
655	655
656	656	(2) NOTWITHSTANDING PARAG RAPH (1) OF THIS SUBSECTION , THE 20
657	657	COMMISSION MAY CONVEN E AN EMERGENCY PUBLI C MEETING BY PROVIDING AT 21
658	658	LEAST TWENTY –FOUR (24) HOURS PRIOR NOTICE O N THE COMMISSION’S WEBSITE, 22
659	659	AND BY ANY OTHER MEA NS AS PROVIDED IN TH E COMMISSION’S RULES, FOR ANY OF 23
660	660	THE REASONS IT MAY D ISPENSE WITH NOTICE OF PROPOSED RULEMAKI NG UNDER 24
661	661	SECTION 9(L) OF THIS COMPACT. THE COMMISSION’S LEGAL COUNSEL SHAL L 25
662	662	CERTIFY THAT ONE OF THE REASONS JUSTIFYI NG AN EMERGENCY PUBL IC MEETING 26
663	663	HAS BEEN MET. 27
664	664
665	665	(3) NOTICE OF ALL COMMISSION MEETINGS S HALL PROVIDE THE 28
666	666	TIME, DATE, AND LOCATION OF THE MEETING, AND IF THE MEETING I S TO BE HELD 29
667	667	OR ACCESSIBLE VIA TE LECOMMUNICATION , VIDEO CONFERENCE , OR OTHER 30
668	668	ELECTRONIC MEANS , THE NOTICE SHALL INC LUDE THE MECHANISM F OR ACCESS TO 31
669	669	THE MEETING THROUGH SUCH MEANS. 32
670	670	16 SENATE BILL 21
671	671
672	672
673	673	(4) THE COMMISSION MAY CONVEN E IN A CLOSED , NONPUBLIC 1
674	674	MEETING FOR THE COMMISSION TO R ECEIVE LEGAL ADVICE OR TO DISCUSS: 2
675	675
676	676	(I) NONCOMPLIANCE OF A PA RTICIPATING STATE WI TH ITS 3
677	677	OBLIGATIONS UNDER TH E COMPACT; 4
678	678
679	679	(II) THE EMPLOYMENT , COMPENSATION , DISCIPLINE, OR 5
680	680	OTHER MATTERS , PRACTICES, OR PROCEDURES RELATE D TO SPECIFIC EMPLOY EES 6
681	681	OR OTHER MATTERS REL ATED TO THE COMMISSION’S INTERNAL PERSONNEL 7
682	682	PRACTICES AND PROCED URES; 8
683	683
684	684	(III) CURRENT OR THREATENED DISCIPLINE OF A LI CENSEE OR 9
685	685	COMPACT PRIVILEGE HO LDER BY THE COMMISSION OR BY A PA RTICIPATING 10
686	686	STATE’S LICENSING AUTHORIT Y; 11
687	687
688	688	(IV) CURRENT, THREATENED , OR REASONABLY ANTICI PATED 12
689	689	LITIGATION; 13
690	690
691	691	(V) NEGOTIATION OF CONTRA CTS FOR THE PURCHASE , LEASE, 14
692	692	OR SALE OF GOODS , SERVICES, OR REAL ESTATE ; 15
693	693
694	694	(VI) ACCUSING ANY PERSON O F A CRIME OR FORMALL Y 16
695	695	CENSURING ANY PERSON ; 17
696	696
697	697	(VII) TRADE SECRETS OR COMM ERCIAL OR FINANCIAL 18
698	698	INFORMATION THAT IS PRIVILEGED OR CONFID ENTIAL; 19
699	699
700	700	(VIII) INFORMATION OF A PERS ONAL NATURE WHERE 20
701	701	DISCLOSURE WOULD CONSTITUTE A C LEARLY UNWARRANTED I NVASION OF 21
702	702	PERSONAL PRIVACY ; 22
703	703
704	704	(IX) INVESTIGATIVE RECORDS COMPILED FOR LAW 23
705	705	ENFORCEMENT PURPOSES ; 24
706	706
707	707	(X) INFORMATION RELATED T O ANY INVESTIGATIVE REPORTS 25
708	708	PREPARED BY OR ON BE HALF OF OR FOR USE O F THE COMMISSION OR OTHER 26
709	709	COMMITTEE CHARGED WI TH RESPONSIBILITY OF INVESTIGATION OR 27
710	710	DETERMINATION OF COM PLIANCE ISSUES PURSU ANT TO THE COMPACT; 28
711	711
712	712	(XI) LEGAL ADVICE; 29
713	713
714	714	(XII) MATTERS SPECIFICALLY EXEMPTED FROM DISCLO SURE TO 30
715	715	THE PUBLIC BY FEDERA L OR PARTICIPATING S TATE LAW; AND 31 SENATE BILL 21 17
716	716
717	717
718	718
719	719	(XIII) OTHER MATTERS AS PROM ULGATED BY THE COMMISSION 1
720	720	BY RULE. 2
721	721
722	722	(5) IF A MEETING , OR PORTION OF A MEET ING, IS CLOSED, THE 3
723	723	PRESIDING OFFICER SH ALL STATE THAT THE M EETING WILL BE CLOSE D AND 4
724	724	REFERENCE EACH RELEV ANT EXEMPTING PROVIS ION, AND SUCH REFERENCE 5
725	725	SHALL BE RECORDED IN THE MINUTES. 6
726	726
727	727	(6) THE COMMISSION SHALL KEEP MINUTES THAT FULLY A ND 7
728	728	CLEARLY DESCRIBE ALL MATTERS DISCUSSED IN A MEETING AND SHALL PROVIDE A 8
729	729	FULL AND ACCURATE SU MMARY OF ACTIONS TAK EN, AND THE REASONS THER EFOR, 9
730	730	INCLUDING A DESCRIPT ION OF THE VIEWS EXP RESSED. ALL DOCUMENTS 10
731	731	CONSIDERED IN CONNECTIO N WITH AN ACTION SHA LL BE IDENTIFIED IN SUCH 11
732	732	MINUTES. ALL MINUTES AND DOCUM ENTS OF A CLOSED MEE TING SHALL REMAIN 12
733	733	UNDER SEAL , SUBJECT TO RELEASE O NLY BY A MAJORITY VO TE OF THE 13
734	734	COMMISSION OR ORDER O F A COURT OF COMPETE NT JURISDICTION . 14
735	735
736	736	(E) (1) THE COMMISSION SHALL PAY , OR PROVIDE FOR THE P AYMENT 15
737	737	OF, THE REASONABLE EXPEN SES OF ITS ESTABLISH MENT, ORGANIZATION , AND 16
738	738	ONGOING ACTIVITIES . 17
739	739
740	740	(2) THE COMMISSION MAY ACCEPT ANY AND ALL APPROPRI ATE 18
741	741	SOURCES OF REVENUE , DONATIONS, AND GRANTS OF MONE Y, EQUIPMENT, 19
742	742	SUPPLIES, MATERIALS, AND SERVICES. 20
743	743
744	744	(3) THE COMMISSION MAY LEVY O N AND COLLECT AN ANN UAL 21
745	745	ASSESSMENT FROM EACH PARTICIPATING STATE AND IMPOSE FEES ON L ICENSEES 22
746	746	OF PARTICIPATING STA TES WHEN A COMPACT P RIVILEGE IS GRANTED , TO COVER 23
747	747	THE COST O F THE OPERATIONS AND ACTIVITIES OF THE COMMISSION AND ITS 24
748	748	STAFF, WHICH MUST BE IN A T OTAL AMOUNT SUFFICIE NT TO COVER ITS ANNU AL 25
749	749	BUDGET AS APPROVED E ACH FISCAL YEAR FOR WHICH SUFFICIENT REV ENUE IS NOT 26
750	750	PROVIDED BY OTHER SO URCES. THE AGGREGATE ANNUAL ASSESSMENT AMOUNT 27
751	751	FOR PARTICIPATING ST ATES SHALL BE ALLOCA TED BASED UPON A FOR MULA THAT 28
752	752	THE COMMISSION SHALL PROM ULGATE BY RULE . 29
753	753
754	754	(4) THE COMMISSION SHALL NOT INCUR OBLIGATIONS OF ANY KIND 30
755	755	PRIOR TO SECURING TH E FUNDS ADEQUATE TO MEET THE SAME , NOR SHALL THE 31
756	756	COMMISSION PLEDGE THE C REDIT OF ANY PARTICI PATING STATE, EXCEPT BY AND 32
757	757	WITH THE AUTHORITY O F THE PARTICIPATING STATE. 33
758	758
759	759	(5) THE COMMISSION SHALL KEEP ACCURATE ACCOUNTS OF ALL 34
760	760	RECEIPTS AND DISBURS EMENTS. THE RECEIPTS AND DISB URSEMENTS OF THE 35 18 SENATE BILL 21
761	761
762	762
763	763	COMMISSION SHALL BE SUBJECT TO THE FI NANCIAL REVIEW AND A CCOUNTING 1
764	764	PROCEDURES ESTABLISH ED UNDER ITS BYLAWS . ALL RECEIPTS AND 2
765	765	DISBURSEMENTS OF FUN DS HANDLED BY THE COMMISSION SHALL BE S UBJECT TO 3
766	766	AN ANNUAL FINANCIAL REVIEW BY A CERTIFIE D OR LICENSED PUBLIC 4
767	767	ACCOUNTANT , AND THE REPORT OF THE FIN ANCIAL REVIEW SHALL BE INCLUDED IN 5
768	768	AND BECOME PART OF T HE ANNUAL REPORT OF THE COMMISSION. 6
769	769
770	770	(F) (1) THE EXECUTIVE BOARD SHALL HAVE THE POWER TO ACT ON 7
771	771	BEHALF OF THE COMMISSION ACCORDING TO THE TERMS OF THIS COMPACT. THE 8
772	772	POWERS, DUTIES, AND RESPONSIBILITIES OF THE EXECUTIVE BOARD SHALL 9
773	773	INCLUDE: 10
774	774
775	775	(I) OVERSEEING THE DAY –TO–DAY ACTIVITIES OF TH E 11
776	776	ADMINISTRATION OF THE COMPACT INCLUDING COM PLIANCE WITH THE 12
777	777	PROVISIONS OF THE COMPACT, THE COMMISSION’S RULES AND BYLAWS ; 13
778	778
779	779	(II) RECOMMENDING TO THE COMMISSION CHANGES TO THE 14
780	780	RULES OR BYLAWS , CHANGES TO THIS COMPACT LEGISLATION , FEES CHARGED TO 15
781	781	COMPACT PARTICIP ATING STATES , FEES CHARGED TO LICE NSEES, AND OTHER 16
782	782	FEES; 17
783	783
784	784	(III) ENSURING COMPACT ADMINISTRATIO N SERVICES ARE 18
785	785	APPROPRIATELY PROVID ED, INCLUDING BY CONTRAC T; 19
786	786
787	787	(IV) PREPARING AND RECOMME NDING THE BUDGET ; 20
788	788
789	789	(V) MAINTAINING FINANCIAL RECORDS ON BEHAL F OF THE 21
790	790	COMMISSION; 22
791	791
792	792	(VI) MONITORING COMPACT COMPLIANCE OF PARTICIPATING 23
793	793	STATES AND PROVIDING COMPLIANCE REPORTS T O THE COMMISSION; 24
794	794
795	795	(VII) ESTABLISHING ADDITION AL COMMITTEES AS NEC ESSARY; 25
796	796
797	797	(VIII) EXERCISING THE POWERS AND DUTIES OF THE 26
798	798	COMMISSION DURING THE INTERIM BETWEEN COMMISSION MEETINGS , EXCEPT 27
799	799	FOR ADOPTING OR AMEN DING RULES, ADOPTING OR AMENDING BYLAWS, AND 28
800	800	EXERCISING ANY OTHER POWERS AND DUTIES EX PRESSLY RESERVED TO THE 29
801	801	COMMISSION BY RULE O R BYLAW; AND 30
802	802
803	803	(IX) OTHER DUTIES AS PROVI DED IN THE RULES OR BYLAWS OF 31
804	804	THE COMMISSION. 32
805	805	SENATE BILL 21 19
806	806
807	807
808	808	(2) THE EXECUTIVE BOARD SHALL BE COMPOS ED OF UP TO SEVEN 1
809	809	(7) MEMBERS: 2
810	810
811	811	(I) THE CHAIR, VICE CHAIR, SECRETARY, AND TREASURER OF 3
812	812	THE COMMISSION AND ANY OT HER MEMBERS OF THE COMMISSION WHO SERVE ON 4
813	813	THE EXECUTIVE BOARD SHALL BE VOTING MEMBERS OF THE EXECUTIVE BOARD; 5
814	814	AND 6
815	815
816	816	(II) OTHER THAN THE CHAIR, VICE CHAIR, SECRETARY, AND 7
817	817	TREASURER, THE COMMISSION MAY ELECT UP TO THREE (3) VOTING MEMBERS 8
818	818	FROM THE CURRENT MEM BERSHIP OF THE COMMISSION. 9
819	819
820	820	(3) THE COMMISSION MAY REMOVE ANY MEMBER OF THE EXECUTIVE 10
821	821	BOARD AS PROVIDED IN THE COMMISSION’S BYLAWS. 11
822	822
823	823	(4) (I) THE EXECUTIVE BOARD SHALL MEET AT L EAST ANNUALLY . 12
824	824
825	825	(II) AN EXECUTIVE BOARD MEETING AT WHIC H IT TAKES OR 13
826	826	INTENDS TO TAKE FORMAL ACTION ON A MATTER S HALL BE OPEN TO THE PUBLIC, 14
827	827	EXCEPT THAT THE EXECUTIVE BOARD MAY MEET IN A C LOSED, NONPUBLIC SESSION 15
828	828	OF A PUBLIC MEETING WHEN DEALING WITH AN Y OF THE MATTERS COV ERED UNDER 16
829	829	SUBSECTION (D)(4) OF THIS SECTION. 17
830	830
831	831	(III) THE EXECUTIVE BOARD SHALL GIVE FIVE (5) BUSINESS 18
832	832	DAYS’ NOTICE OF ITS PUBLIC MEETINGS, POSTED ON ITS WEBSIT E AND AS IT MAY 19
833	833	OTHERWISE DETERMINE TO PROVIDE NOTICE TO PERSONS WITH AN INTE REST IN 20
834	834	THE PUBLIC MATTERS T HE EXECUTIVE BOARD INTENDS TO ADDR ESS AT THOS E 21
835	835	MEETINGS. 22
836	836
837	837	(5) THE EXECUTIVE BOARD MAY HOLD AN EME RGENCY MEETING 23
838	838	WHEN ACTING FOR THE COMMISSION TO : 24
839	839
840	840	(I) MEET AN IMMINENT THRE AT TO PUBLIC HEALTH , SAFETY, 25
841	841	OR WELFARE; 26
842	842
843	843	(II) PREVENT A LOSS OF COMMISSION OR PARTICI PATING 27
844	844	STATE FUNDS; OR 28
845	845
846	846	(III) PROTECT PUBLIC HEALTH AND SAFETY. 29
847	847
848	848	(G) (1) THE MEMBERS , OFFICERS, EXECUTIVE DIRECTOR , EMPLOYEES, 30
849	849	AND REPRESENTATIVES OF THE COMMISSION SHALL BE I MMUNE FROM SUIT AND 31
850	850	LIABILITY, BOTH PERSONALLY AND IN THEIR OFFICIAL CA PACITY, FOR ANY CLAIM 32 20 SENATE BILL 21
851	851
852	852
853	853	FOR DAMAGE TO OR LOS S OF PROPERTY OR PER SONAL INJURY OR OTHE R CIVIL 1
854	854	LIABILITY CAUSED BY OR ARISING OUT OF AN Y ACTUAL OR ALLEGED ACT, ERROR, 2
855	855	OR OMISSION THAT OCC URRED, OR THAT THE PERSON A GAINST WHOM THE CLAI M 3
856	856	IS MADE HAD A REASON ABLE BASIS FOR BELIE VING OCCURRED, WITHIN THE SCOPE 4
857	857	OF COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES , PROVIDED THAT 5
858	858	NOTHING IN THIS PARA GRAPH SHALL BE CONST RUED TO PROTECT ANY SUCH 6
859	859	PERSON FROM SUIT OR LIABILITY FOR ANY DA MAGE, LOSS, INJURY, OR LIABILITY 7
860	860	CAUSED BY THE INTENT IONAL OR WILLFUL OR WANT ON MISCONDUCT OF THA T 8
861	861	PERSON. THE PROCUREMENT OF IN SURANCE OF ANY TYPE BY THE COMMISSION 9
862	862	SHALL NOT IN ANY WAY COMPROMISE OR LIMIT THE IMMUNITY GRANTED 10
863	863	HEREUNDER . 11
864	864
865	865	(2) THE COMMISSION SHALL DEFE ND ANY MEMBER , OFFICER, 12
866	866	EXECUTIVE DIRECTO R, EMPLOYEE, AND REPRESENTATIVE O F THE COMMISSION IN 13
867	867	ANY CIVIL ACTION SEE KING TO IMPOSE LIABI LITY ARISING OUT OF ANY ACTUAL OR 14
868	868	ALLEGED ACT , ERROR, OR OMISSION THAT OCC URRED WITHIN THE SCO PE OF 15
869	869	COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES , OR AS DETERMINED BY 16
870	870	THE COMMISSION THAT THE P ERSON AGAINST WHOM T HE CLAIM IS MADE HAD A 17
871	871	REASONABLE BASIS FOR BELIEVING OCCURRED W ITHIN THE SCOPE OF 18
872	872	COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES , PROVIDED THAT 19
873	873	NOTHING HEREIN SHALL BE CONSTRUED TO PROH IBIT THAT PE RSON FROM 20
874	874	RETAINING THEIR OWN COUNSEL AT THEIR OWN EXPENSE, AND PROVIDED 21
875	875	FURTHER, THAT THE ACTUAL OR A LLEGED ACT, ERROR, OR OMISSION DID NOT 22
876	876	RESULT FROM THAT PER SON’S INTENTIONAL OR WIL LFUL OR WANTON 23
877	877	MISCONDUCT . 24
878	878
879	879	(3) NOTWITHSTANDING SUBSE CTION (A) OF THIS SECTION, SHOULD 25
880	880	ANY MEMBER , OFFICER, EXECUTIVE DIRECTOR , EMPLOYEE, OR REPRESENTATIVE 26
881	881	OF THE COMMISSION BE HELD LI ABLE FOR THE AMOUNT OF ANY SETTLEMENT OR 27
882	882	JUDGMENT ARISING OUT OF ANY ACTUAL OR ALL EGED ACT, ERROR, OR OMISSION 28
883	883	THAT OCCURRED WITHIN THE SCOPE OF THAT INDIVIDUAL ’S EMPLOYMENT , DUTIES, 29
884	884	OR RESPONSIBILITIES FOR THE COMMISSION, OR THAT THE PERSON T O WHOM THAT 30
885	885	INDIVIDUAL IS LIABLE HAD A REASONABLE BAS IS FOR BELIEVING OCC URRED 31
886	886	WITHIN THE SCOPE OF THE INDIVIDUAL ’S EMPLOYMENT , DUTIES, OR 32
887	887	RESPONSIBILITIE S FOR THE COMMISSION, THE COMMISSION SHALL INDE MNIFY 33
888	888	AND HOLD HARMLESS SU CH INDIVIDUAL, PROVIDED THAT THE AC TUAL OR ALLEGED 34
889	889	ACT, ERROR, OR OMISSION DID NOT RESULT FROM THE INTE NTIONAL OR WILLFUL 35
890	890	OR WANTON MISCONDUCT OF THE INDIVIDUAL . 36
891	891
892	892	(4) NOTHING HEREI N SHALL BE CONSTRUED AS A LIMITATION ON 37
893	893	THE LIABILITY OF ANY LICENSEE FOR PROFESS IONAL MALPRACTICE OR 38
894	894	MISCONDUCT , WHICH SHALL BE GOVER NED SOLELY BY ANY OT HER APPLICABLE 39
895	895	STATE LAWS. 40 SENATE BILL 21 21
896	896
897	897
898	898
899	899	(5) NOTHING IN THIS COMPACT SHALL BE INTE RPRETED TO WAIVE 1
900	900	OR OTHERWISE ABROGATE A PARTICIPA TING STATE’S STATE ACTION IMMUN ITY OR 2
901	901	STATE ACTION AFFIRMA TIVE DEFENSE WITH RE SPECT TO ANTITRUST C LAIMS 3
902	902	UNDER THE SHERMAN ACT, CLAYTON ACT, OR ANY OTHER STATE O R FEDERAL 4
903	903	ANTITRUST OR ANTICOM PETITIVE LAW OR REGU LATION. 5
904	904
905	905	(6) NOTHING IN THIS COMPACT SHALL BE CONS TRUED TO BE A 6
906	906	WAIVER OF SOVEREIGN IMMUNITY BY THE PART ICIPATING STATES OR BY THE 7
907	907	COMMISSION. 8
908	908
909	909	SECTION 8. DATA SYSTEM. 9
910	910
911	911	(A) THE COMMISSION SHALL PROV IDE FOR THE DEVELOPM ENT, 10
912	912	MAINTENANCE , OPERATION, AND UTILIZATION OF A COORDINATE D DATABASE AND 11
913	913	REPORTING SYSTEM CON TAINING LICENSURE , ADVERSE ACTION , AND THE 12
914	914	PRESENCE OF SIGNIFIC ANT INVESTIGATIVE IN FORMATION ON ALL LIC ENSEES AND 13
915	915	APPLICANTS FOR A LIC ENSE IN PARTICIPATIN G STATES. 14
916	916
917	917	(B) NOTWITHSTANDING ANY O THER PROVISION OF ST ATE LAW TO THE 15
918	918	CONTRARY, A PARTICIPATING STAT E SHALL SUBMIT A UNI FORM DATA SET TO THE 16
919	919	DATA SYSTEM ON ALL I NDIVIDUALS TO WHOM T HIS COMPACT IS APPLICABLE AS 17
920	920	REQUIRED BY THE RULE S OF THE COMMISSION, INCLUDING: 18
921	921
922	922	(1) IDENTIFYING INFORMATI ON; 19
923	923
924	924	(2) LICENSURE DATA ; 20
925	925
926	926	(3) ADVERSE ACTIONS AGAIN ST A LICENSEE, LICENSE APPLICANT , 21
927	927	OR COMPACT PRIVILEGE AND INFORMATION RELA TED THERETO ; 22
928	928
929	929	(4) NONCONFIDENTIAL INFOR MATION RELATED TO AL TERNATIVE 23
930	930	PROGRAM PARTICIPATIO N, THE BEGINNING AND EN DING DATES OF SUCH 24
931	931	PARTICIPATION , AND OTHER INFORMATION RELA TED TO SUCH PARTICIP ATION; 25
932	932
933	933	(5) ANY DENIAL OF AN APPL ICATION FOR LICENSUR E, AND THE 26
934	934	REASON(S) FOR SUCH DENIAL (EXCLUDING THE REPORT ING OF ANY CRIMINAL 27
935	935	HISTORY RECORD INFOR MATION WHERE PROHIBI TED BY LAW); 28
936	936
937	937	(6) THE PRESENCE OF SIGNI FICANT INVESTIGATIVE INFORMATION ; 29
938	938	AND 30
939	939	22 SENATE BILL 21
940	940
941	941
942	942	(7) OTHER INFORMATION THA T MAY FACILITATE THE 1
943	943	ADMINISTRATION OF TH IS COMPACT OR THE PROTEC TION OF THE PUBLIC , AS 2
944	944	DETERMINED BY THE RU LES OF THE COMMISSION. 3
945	945
946	946	(C) THE RECORDS AND INFOR MATION PROVIDED TO A PARTICIPATING 4
947	947	STATE PURSUANT TO TH IS COMPACT OR THROUGH TH E DATA SYSTEM , WHEN 5
948	948	CERTIFIED BY THE COMMISSION OR AN AGEN T THEREOF, SHALL CONSTITUTE THE 6
949	949	AUTHENTICATED BUSINE SS RECORDS OF THE COMMISSION, AND SHALL BE 7
950	950	ENTITLED TO ANY ASSOCIA TED HEARSAY EXCEPTIO N IN ANY RELEVANT JU DICIAL, 8
951	951	QUASI–JUDICIAL, OR ADMINISTRATIVE PR OCEEDINGS IN A PARTI CIPATING STATE. 9
952	952
953	953	(D) SIGNIFICANT INVESTIGA TIVE INFORMATION PER TAINING TO A 10
954	954	LICENSEE IN ANY PART ICIPATING STATE WILL ONLY BE AVAILA BLE TO OTHER 11
955	955	PARTICIPATING STATES . 12
956	956
957	957	(E) IT IS THE RESPONSIBIL ITY OF THE PARTICIPA TING STATES TO MONIT OR 13
958	958	THE DATABASE TO DETE RMINE WHETHER ADVERS E ACTION HAS BEEN TA KEN 14
959	959	AGAINST A LICENSEE O R LICENSE APPLICANT . ADVERSE ACTION INFORM ATION 15
960	960	PERTAINING TO A LI CENSEE OR LICENSE AP PLICANT IN ANY PARTI CIPATING STATE 16
961	961	WILL BE AVAILABLE TO ANY OTHER PARTICIPAT ING STATE. 17
962	962
963	963	(F) PARTICIPATING STATES CONTRIBUTING INFORMA TION TO THE DATA 18
964	964	SYSTEM MAY DESIGNATE INFORMATION THAT MAY NOT BE SHARED WITH T HE 19
965	965	PUBLIC WITHOUT THE EXPRESS PERMISSION O F THE CONTRIBUTING S TATE. 20
966	966
967	967	(G) ANY INFORMATION SUBMI TTED TO THE DATA SYS TEM THAT IS 21
968	968	SUBSEQUENTLY EXPUNGE D PURSUANT TO FEDERA L LAW OR THE LAWS OF THE 22
969	969	PARTICIPATING STATE CONTRIBUTING THE INF ORMATION SHALL BE RE MOVED 23
970	970	FROM THE DATA SYSTE M. 24
971	971
972	972	SECTION 9. RULEMAKING. 25
973	973
974	974	(A) THE COMMISSION SHALL PROM ULGATE REASONABLE RU LES IN ORDER 26
975	975	TO EFFECTIVELY AND E FFICIENTLY IMPLEMENT AND ADMINISTER THE P URPOSES 27
976	976	AND PROVISIONS OF TH E COMPACT. A COMMISSION RULE SHALL BE INVALID AND 28
977	977	HAVE NO FORCE OR EFF ECT ONLY IF A COURT OF CO MPETENT JURISDICTION HOLDS 29
978	978	THAT THE RULE IS INV ALID BECAUSE THE COMMISSION EXERCISED ITS 30
979	979	RULEMAKING AUTHORITY IN A MANNER THAT IS BEYOND THE SCOPE AND PURPOSES 31
980	980	OF THE COMPACT, OR THE POWERS GRANTE D HEREUNDER , OR BASED UPON 32
981	981	ANOTHER APPLI CABLE STANDARD OF RE VIEW. 33
982	982
983	983	(B) THE RULES OF THE COMMISSION SHALL HAVE THE FORCE OF LAW IN 34
984	984	EACH PARTICIPATING S TATE, PROVIDED HOWEVER THA T WHERE THE RULES OF THE 35 SENATE BILL 21 23
985	985
986	986
987	987	COMMISSION CONFLICT W ITH THE LAWS OF THE PARTICIPATING STATE THAT 1
988	988	ESTABLISH THE PARTIC IPATING STATE’S SCOPE OF PRACTICE AS HELD BY A COURT 2
989	989	OF COMPETENT JURISDI CTION, THE RULES OF THE COMMISSION SHALL BE 3
990	990	INEFFECTIVE IN THAT STATE TO THE EXTENT OF THE CONFLICT . 4
991	991
992	992	(C) THE COMMISSION SHALL EXER CISE ITS RULEMAKING POWERS 5
993	993	PURSUANT TO THE CRIT ERIA SET FORTH IN THIS SECTION AND THE RULES ADOPTE D 6
994	994	THEREUNDER . RULES SHALL BECOME BI NDING AS OF THE DATE SPECIFIED BY THE 7
995	995	COMMISSION FOR EACH R ULE. 8
996	996
997	997	(D) IF A MAJORITY OF THE LEGISLATURES OF THE PARTICIPATING STATES 9
998	998	REJECTS A COMMISSION RULE OR PO RTION OF A COMMISSION RULE, BY 10
999	999	ENACTMENT OF A STATU TE OR RESOLUTION IN THE SAME MANNER USED TO ADOPT 11
1000	1000	THE COMPACT, WITHIN FOUR (4) YEARS OF THE DATE OF ADOPTION OF THE RULE , 12
1001	1001	THEN SUCH RULE SHALL HAVE NO FURTHER FORC E AND EFFECT IN ANY 13
1002	1002	PARTICIPATING STATE OR TO ANY STATE APPL YING TO PARTICIPATE IN THE 14
1003	1003	COMPACT. 15
1004	1004
1005	1005	(E) RULES SHALL BE ADOPTE D AT A REGULAR OR SP ECIAL MEETING OF THE 16
1006	1006	COMMISSION. 17
1007	1007
1008	1008	(F) PRIOR TO ADOPTION OF A PROPOSED RULE , THE COMMISSION SHALL 18
1009	1009	HOLD A PUBLIC HEARIN G AND ALLOW PERSONS TO PROVIDE ORAL AND WRITTEN 19
1010	1010	COMMENTS , DATA, FACTS, OPINIONS, AND ARGUMENTS . 20
1011	1011
1012	1012	(G) PRIOR TO ADOPTION OF A PROPOSED RULE BY T HE COMMISSION, AND 21
1013	1013	AT LEAST THIRT Y (30) DAYS IN ADVANCE OF T HE MEETING AT WHICH THE 22
1014	1014	COMMISSION WILL HOLD A PUBLIC HEARING ON THE PROPOSED RULE , THE 23
1015	1015	COMMISSION SHALL PROV IDE A NOTICE OF PROP OSED RULEMAKING : 24
1016	1016
1017	1017	(1) ON THE WEBSITE OF THE COMMISSION OR OTHER P UBLICLY 25
1018	1018	ACCESSIBLE PLATFORM ; 26
1019	1019
1020	1020	(2) TO PERSONS WHO HAVE R EQUESTED NOTICE OF T HE 27
1021	1021	COMMISSION’S NOTICES OF PROPOSE D RULEMAKING ; AND 28
1022	1022
1023	1023	(3) IN SUCH OTHER WAY (S) AS THE COMMISSION MAY BY RUL E 29
1024	1024	SPECIFY. 30
1025	1025
1026	1026	(H) THE NOTICE OF PROPOSE D RULEMAKING SHALL I NCLUDE: 31
1027	1027
1028	1028	(1) THE TIME, DATE, AND LOCATI ON OF THE PUBLIC HEA RING AT 32
1029	1029	WHICH THE COMMISSION WILL HEAR PUBLIC COMMENTS ON T HE PROPOSED RULE 33 24 SENATE BILL 21
1030	1030
1031	1031
1032	1032	AND, IF DIFFERENT, THE TIME, DATE, AND LOCATION OF THE MEETING WHERE THE 1
1033	1033	COMMISSION WILL CONSI DER AND VOTE ON THE PROPOSED RULE ; 2
1034	1034
1035	1035	(2) IF THE HEARING IS HEL D VIA TELECOMMUNICATIO N, VIDEO 3
1036	1036	CONFERENCE , OR OTHER ELECTRONIC MEANS, THE COMMISSION SHALL INCL UDE 4
1037	1037	THE MECHANISM FOR AC CESS TO THE HEARING IN THE NOTICE OF PRO POSED 5
1038	1038	RULEMAKING ; 6
1039	1039
1040	1040	(3) THE TEXT OF THE PROPO SED RULE AND THE REA SON THEREFOR ; 7
1041	1041
1042	1042	(4) A REQUEST FOR COMMENTS ON THE P ROPOSED RULE FROM AN Y 8
1043	1043	INTERESTED PERSON ; AND 9
1044	1044
1045	1045	(5) THE MANNER IN WHICH I NTERESTED PERSONS MA Y SUBMIT 10
1046	1046	WRITTEN COMMENTS . 11
1047	1047
1048	1048	(I) ALL HEARINGS WILL BE RECORDED. A COPY OF THE RECORDIN G AND 12
1049	1049	ALL WRITTEN COMMENTS AND DOCUMENTS RECEIV ED BY THE COMMISSION IN 13
1050	1050	RESPONSE TO THE PROP OSED RULE SHALL BE A VAILABLE TO THE PUBL IC. 14
1051	1051
1052	1052	(J) NOTHING IN THIS SECTI ON SHALL BE CONSTRUE D AS REQUIRING A 15
1053	1053	SEPARATE HEARING ON EACH COMMISSION RULE . RULES MAY BE GROUPED FOR 16
1054	1054	THE CONVENIENCE OF T HE COMMISSION AT HEARING S REQUIRED BY THIS SEC TION. 17
1055	1055
1056	1056	(K) (1) THE COMMISSION SHALL , BY MAJORITY VOTE OF ALL 18
1057	1057	COMMISSIONERS , TAKE FINAL ACTION ON THE PROPOSED RULE BA SED ON THE 19
1058	1058	RULEMAKING RECORD . 20
1059	1059
1060	1060	(2) THE COMMISSION MAY ADOPT CHANGES TO THE PROPO SED RULE 21
1061	1061	PROVIDED THE CHANGES DO NOT ENLARGE THE ORIGI NAL PURPOSE OF THE 22
1062	1062	PROPOSED RULE . 23
1063	1063
1064	1064	(3) THE COMMISSION SHALL PROV IDE AN EXPLANATION O F THE 24
1065	1065	REASONS FOR SUBSTANT IVE CHANGES MADE TO THE PROPOSED RULE AS WELL AS 25
1066	1066	REASONS FOR SUBSTANT IVE CHANGES NOT MADE THAT WERE RECOMMENDE D BY 26
1067	1067	COMMENTE RS. 27
1068	1068
1069	1069	(4) THE COMMISSION SHALL DETE RMINE A REASONABLE E FFECTIVE 28
1070	1070	DATE FOR THE RULE . EXCEPT FOR AN EMERGEN CY AS PROVIDED IN SU BSECTION (L) 29
1071	1071	OF THIS SECTION, THE EFFECTIVE DATE O F THE RULE SHALL BE NO SOONER THAN 30
1072	1072	THIRTY (30) DAYS AFTER THE COMMISSION ISSUING THE NOTICE THAT IT A DOPTED 31
1073	1073	OR AMENDED THE RULE . 32
1074	1074	SENATE BILL 21 25
1075	1075
1076	1076
1077	1077	(L) UPON DETERMINATION TH AT AN EMERGENCY EXIS TS, THE 1
1078	1078	COMMISSION MAY CONSID ER AND ADOPT AN EMER GENCY RULE WITH 24 HOURS’ 2
1079	1079	NOTICE, WITH OPPORTUNITY TO COMMENT, PROVIDED THAT THE US UAL 3
1080	1080	RULEMAKING PROCEDURE S PROVIDED IN THE COMPACT AND IN THIS S ECTION 4
1081	1081	SHALL BE RETROACTIVE LY APPLIED TO THE RU LE AS SOON AS REASON ABLY 5
1082	1082	POSSIBLE, IN NO EVENT LATER TH AN NINETY (90) DAYS AFTER THE EFFEC TIVE DATE 6
1083	1083	OF THE RULE. FOR THE PURPOSES OF T HIS PROVISION, AN EMERGENCY RULE IS ONE 7
1084	1084	THAT MUST BE ADOPTED IMMEDIATELY IN ORDER TO: 8
1085	1085
1086	1086	(1) MEET AN IMMINENT THRE AT TO PUBLIC HEALTH , SAFETY, OR 9
1087	1087	WELFARE; 10
1088	1088
1089	1089	(2) PREVENT A LOSS OF COMMISSION OR PARTICI PATING STATE 11
1090	1090	FUNDS; 12
1091	1091
1092	1092	(3) MEET A DEADLINE FOR T HE PROMULGATION OF A RULE THAT IS 13
1093	1093	ESTABLISHE D BY FEDERAL LAW OR RULE; OR 14
1094	1094
1095	1095	(4) PROTECT PUBLIC HEALTH AND SAFETY. 15
1096	1096
1097	1097	(M) THE COMMISSION OR AN AUTH ORIZED COMMITTEE OF THE 16
1098	1098	COMMISSION MAY DIRECT REVISIONS TO A PREVI OUSLY ADOPTED RULE F OR 17
1099	1099	PURPOSES OF CORRECTI NG TYPOGRAPHICAL ERR ORS, ERRORS IN FORMAT , 18
1100	1100	ERRORS IN CONSISTENCY , OR GRAMMATICAL ERROR S. PUBLIC NOTICE OF ANY 19
1101	1101	REVISIONS SHALL BE P OSTED ON THE WEBSITE OF THE COMMISSION. THE REVISION 20
1102	1102	SHALL BE SUBJECT TO CHALLENGE BY ANY PER SON FOR A PERIOD OF THIRTY (30) 21
1103	1103	DAYS AFTER POSTING . THE REVISION MAY BE C HALLENGED ONLY ON GROUND S 22
1104	1104	THAT THE REVISION RE SULTS IN A MATERIAL CHANGE TO A RULE . A CHALLENGE 23
1105	1105	SHALL BE MADE IN WRI TING AND DELIVERED T O THE COMMISSION PRIOR TO T HE 24
1106	1106	END OF THE NOTICE PE RIOD. IF NO CHALLENGE IS MA DE, THE REVISION WILL TA KE 25
1107	1107	EFFECT WITHOUT FURTH ER ACTION. IF THE REVISION IS CH ALLENGED, THE 26
1108	1108	REVISION MAY NOT TAK E EFFECT WITHOUT THE APPROVAL OF THE COMMISSION. 27
1109	1109
1110	1110	(N) NO PARTICIPATING STAT E’S RULEMAKING REQUIRE MENTS SHALL 28
1111	1111	APPLY UNDER THIS COMPACT. 29
1112	1112
1113	1113	SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND 30
1114	1114	ENFORCEMENT. 31
1115	1115
1116	1116	(A) (1) THE EXECUTIVE AND JUD ICIAL BRANCHES OF ST ATE 32
1117	1117	GOVERNMENT IN EACH P ARTICIPATING STATE S HALL ENFORCE THIS COMPACT AND 33
1118	1118	TAKE ALL ACTIONS NEC ESSARY AND APPROPRIA TE TO IMPLEMENT THE COMPACT. 34
1119	1119	26 SENATE BILL 21
1120	1120
1121	1121
1122	1122	(2) VENUE IS PROPER AND J UDICIAL PROCEEDINGS BY OR AGAINST 1
1123	1123	THE COMMISSION SHALL BE B ROUGHT SOLELY AND EX CLUSIVELY IN A COURT OF 2
1124	1124	COMPETENT JURISDICTI ON WHERE THE PRINCIP AL OFFICE OF THE COMMISSION IS 3
1125	1125	LOCATED. THE COMMISSION MAY WAIVE VENUE AND JURISDICTI ONAL DEFENSES 4
1126	1126	TO THE EXTENT IT ADO PTS OR CONSENTS TO P ARTICIPATE IN ALTERN ATIVE 5
1127	1127	DISPUTE RESOLUTION P ROCEEDINGS . NOTHING HEREIN SHALL AFFECT OR LIMIT 6
1128	1128	THE SELECTION OR PRO PRIETY OF VENUE IN A NY ACTION AGAINST A LICENSEE FOR 7
1129	1129	PROFESSIONAL MALPRAC TICE, MISCONDUCT , OR ANY SUCH SIMILAR MAT TER. 8
1130	1130
1131	1131	(3) THE COMMISSION SHALL BE E NTITLED TO RECEIVE S ERVICE OF 9
1132	1132	PROCESS IN ANY PROCE EDING REGARDING THE ENFORCEMENT OR 10
1133	1133	INTERPRETATION OF TH E COMPACT OR COMMISSION RULE AND S HALL HAVE 11
1134	1134	STANDING TO INTERVEN E IN SUCH A PROCEEDI NG FOR ALL PURPOSES. FAILURE TO 12
1135	1135	PROVIDE THE COMMISSION SERVICE OF PROCESS SHALL RENDER A JUDGMENT OR 13
1136	1136	ORDER VOID AS TO THE COMMISSION, THIS COMPACT, OR PROMULGATED RULES . 14
1137	1137
1138	1138	(B) (1) IF THE COMMISSION DETERMINES THAT A PARTICIPATING STATE 15
1139	1139	HAS DEFAULTED IN THE PERFORM ANCE OF ITS OBLIGATI ONS OR RESPONSIBILIT IES 16
1140	1140	UNDER THIS COMPACT OR THE PROMUL GATED RULES , THE COMMISSION SHALL 17
1141	1141	PROVIDE WRITTEN NOTI CE TO THE DEFAULTING STATE. THE NOTICE OF DEFAULT 18
1142	1142	SHALL DESCRIBE THE D EFAULT, THE PROPOSED MEANS O F CURING THE DEFAULT , 19
1143	1143	AND ANY OTHER ACTION THAT THE COMMISSION MAY TAKE , AND SHALL OFFER 20
1144	1144	TRAINING AND SPECIFI C TECHNICAL ASSISTAN CE REGARDING THE DEF AULT. 21
1145	1145
1146	1146	(2) THE COMMISSION SHALL PROV IDE A COPY OF THE NO TICE OF 22
1147	1147	DEFAULT TO THE OTHER PARTICIPATING STATES . 23
1148	1148
1149	1149	(C) IF A STATE IN DEFAULT FAILS TO CURE TH E DEFAULT, THE DEFAULTING 24
1150	1150	STATE MAY BE TERMINA TED FROM THE COMPACT UPON AN AFFIR MATIVE VOTE OF 25
1151	1151	A MAJORITY OF THE CO MMISSIONERS , AND ALL RIGHTS, PRIVILEGES, AND BENEFITS 26
1152	1152	CONFERRED ON THAT ST ATE BY THIS COMPACT MAY BE TERMIN ATED ON THE 27
1153	1153	EFFECTIVE DATE OF TERM INATION. A CURE OF THE DEFAULT DOES NOT RELIEVE 28
1154	1154	THE OFFENDING STATE OF OBLIGATIONS OR LI ABILITIES INCURRED D URING THE 29
1155	1155	PERIOD OF DEFAULT . 30
1156	1156
1157	1157	(D) TERMINATION OF PARTIC IPATION IN THE COMPACT SHALL BE IMPO SED 31
1158	1158	ONLY AFTER ALL OTHER MEANS OF S ECURING COMPLIANCE H AVE BEEN 32
1159	1159	EXHAUSTED. NOTICE OF INTENT TO S USPEND OR TERMINATE SHALL BE GIVEN BY 33
1160	1160	THE COMMISSION TO THE GOV ERNOR, THE MAJORITY AND MIN ORITY LEADERS OF 34
1161	1161	THE DEFAULTING STATE ’S LEGISLATURE , THE DEFAULTING STATE ’S STATE 35
1162	1162	LICENSING AUTHORITY OR AUTHORITIES, AS APPLICABLE , AND EACH OF THE 36
1163	1163	PARTICIPATING STATES ’ STATE LICENSING AUTH ORITY OR AUTHORITIES , AS 37
1164	1164	APPLICABLE. 38 SENATE BILL 21 27
1165	1165
1166	1166
1167	1167
1168	1168	(E) A STATE THAT HAS BEEN TERMINATED IS RESPON SIBLE FOR ALL 1
1169	1169	ASSESSMENTS , OBLIGATIONS, AND LIABILITIES INCU RRED THROUGH THE 2
1170	1170	EFFECTIVE DATE OF TERMINAT ION, INCLUDING OBLIGATION S THAT EXTEND 3
1171	1171	BEYOND THE EFFECTIVE DATE OF TERMINATION . 4
1172	1172
1173	1173	(F) UPON THE TERMINATION OF A STATE ’S PARTICIPATION IN T HIS 5
1174	1174	COMPACT, THAT STATE SHALL IMM EDIATELY PROVIDE NOT ICE TO ALL LICENSEES 6
1175	1175	OF THE STATE, INCLUDING LICENSEES OF OTHER PARTICIPATING STATES ISSUED A 7
1176	1176	COMPACT PRIVILEGE TO PRACTICE WITHIN THAT STATE, OF SUCH TERMINATION . 8
1177	1177	THE TERMINATED STATE SHALL CONTINUE TO RE COGNIZE ALL COMPACT 9
1178	1178	PRIVILEGES THEN IN E FFECT IN THAT STATE FOR A MINIMUM OF ONE HUNDRED 10
1179	1179	EIGHTY (180) DAYS AFTER THE DATE OF SAID NOTICE OF TE RMINATION. 11
1180	1180
1181	1181	(G) THE COMMISSION SHALL NOT BEAR ANY COSTS RELAT ED TO A STATE 12
1182	1182	THAT IS FOUND TO BE IN DEFAULT OR THAT H AS BEEN TERMINATED F ROM THE 13
1183	1183	COMPACT, UNLESS AGREED UPON I N WRITING BETWEEN TH E COMMISSION A ND THE 14
1184	1184	DEFAULTING STATE . 15
1185	1185
1186	1186	(H) THE DEFAULTING STATE MAY APPEAL THE ACTIO N OF THE COMMISSION 16
1187	1187	BY PETITIONING THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF 17
1188	1188	COLUMBIA OR THE FEDER AL DISTRICT WHERE TH E COMMISSION HAS ITS 18
1189	1189	PRINCIPAL OFFICES . THE PREVAILING PARTY SHALL BE AWARD ED ALL COSTS OF 19
1190	1190	SUCH LITIGATION , INCLUDING REASONABLE ATTORNEY’S FEES. 20
1191	1191
1192	1192	(I) (1) UPON REQUEST BY A PAR TICIPATING STATE , THE COMMISSION 21
1193	1193	SHALL ATTEMPT TO RES OLVE DISPUTES RELATE D TO THE COMPACT THAT ARISE 22
1194	1194	AMONG PARTICIPATING STATES AND B ETWEEN PARTICIPATING STATES AND 23
1195	1195	NONPARTICIPATING STA TES. 24
1196	1196
1197	1197	(2) THE COMMISSION SHALL PROM ULGATE A RULE PROVID ING FOR 25
1198	1198	BOTH MEDIATION AND B INDING DISPUTE RESOL UTION FOR DISPUTES A S 26
1199	1199	APPROPRIATE . 27
1200	1200
1201	1201	(J) (1) THE COMMISSION, IN THE REASONABLE EX ERCISE OF ITS 28
1202	1202	DISCRETION, SHALL ENFORCE THE PR OVISIONS OF THIS COMPACT AND THE 29
1203	1203	COMMISSION’S RULES. 30
1204	1204
1205	1205	(2) BY MAJORITY VOTE , THE COMMISSION MAY INITIA TE LEGAL 31
1206	1206	ACTION AGAINST A PAR TICIPATING STATE IN DEFAULT IN THE UNITED STATES 32
1207	1207	DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR THE FEDER AL DISTRICT 33
1208	1208	WHERE THE COMMISSION HAS ITS PR INCIPAL OFFICES TO E NFORCE COMPLIANC E 34
1209	1209	WITH THE PROVISIONS OF THE COMPACT AND ITS PROMU LGATED RULES . THE 35 28 SENATE BILL 21
1210	1210
1211	1211
1212	1212	RELIEF SOUGHT MAY IN CLUDE BOTH INJUNCTIV E RELIEF AND DAMAGES . IN THE 1
1213	1213	EVENT JUDICIAL ENFOR CEMENT IS NECESSARY , THE PREVAILING PARTY SHALL BE 2
1214	1214	AWARDED ALL COSTS OF SUCH LITIGATION , INCLUDING REASONABLE ATTORNEY ’S 3
1215	1215	FEES. THE REMEDIES HEREIN S HALL NOT BE THE EXCL USIVE REMEDIES OF TH E 4
1216	1216	COMMISSION. THE COMMISSION MAY PURSUE ANY OTHER REMEDIES A VAILABLE 5
1217	1217	UNDER FEDERAL OR THE DEFAULTING PARTICIPA TING STATE’S LAW. 6
1218	1218
1219	1219	(3) A PARTICIPATING STATE MAY INITIATE LEGAL ACTION AGA INST 7
1220	1220	THE COMMISSION IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF 8
1221	1221	COLUMBIA OR THE FEDER AL DISTRICT WHERE TH E COMMISSION HAS ITS 9
1222	1222	PRINCIPAL OFFICES TO ENFORCE COMPLIANCE W ITH THE PROVISIONS O F THE 10
1223	1223	COMPACT AND ITS PROMU LGATED RUL ES. THE RELIEF SOUGHT MAY INCLUDE BOTH 11
1224	1224	INJUNCTIVE RELIEF AN D DAMAGES . IN THE EVENT JUDICIAL ENFORCEMENT IS 12
1225	1225	NECESSARY, THE PREVAILING PARTY SHALL BE AWARDED ALL COSTS OF SUCH 13
1226	1226	LITIGATION, INCLUDING REASONABLE ATTORNEY’S FEES. 14
1227	1227
1228	1228	(4) NO INDIVIDUAL OR ENTI TY OTHER THAN A PARTICI PATING STATE 15
1229	1229	MAY ENFORCE THIS COMPACT AGAINST THE COMMISSION. 16
1230	1230
1231	1231	SECTION 11. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT. 17
1232	1232
1233	1233	(A) (1) THE COMPACT SHALL COME IN TO EFFECT ON THE DAT E ON 18
1234	1234	WHICH THE COMPACT STATUTE IS EN ACTED INTO LAW IN TH E SEVENTH 19
1235	1235	PARTICIPATING STATE . 20
1236	1236
1237	1237	(2) (I) ON OR AFTER THE EFFEC TIVE DATE OF THE COMPACT, THE 21
1238	1238	COMMISSION SHALL CONV ENE AND REVIEW THE E NACTMENT OF EACH OF THE 22
1239	1239	STATES THAT ENACTED THE COMPACT PRIOR TO THE COMMISSION CONVENING 23
1240	1240	(“CHARTER PARTICIPATING STATES”) TO DETERMINE IF THE STAT UTE ENACTED BY 24
1241	1241	EACH SUCH CHARTER PARTICIPATING STATE IS MATERIALLY D IFFERENT THAN THE 25
1242	1242	MODEL COMPACT. 26
1243	1243
1244	1244	(II) A CHARTER PARTICIPATING STATE WHOSE ENACTMENT IS 27
1245	1245	FOUND TO BE MATERIAL LY DIFFERENT FROM TH E MODEL COMPACT SHALL BE 28
1246	1246	ENTITLED TO THE DEFAULT PROCESS SET FORTH IN SECTION 10 OF THIS COMPACT. 29
1247	1247
1248	1248	(III) IF ANY PARTICIPATING STATE IS LATER FOUND TO BE IN 30
1249	1249	DEFAULT, OR IS TERMINATED OR WITHDRAWS FROM THE COMPACT, THE 31
1250	1250	COMMISSION SHALL REMA IN IN EXISTENCE AND THE COMPACT SHALL REMAIN IN 32
1251	1251	EFFECT EVEN IF THE NUM BER OF PARTICIPATING STATES SHOULD BE LES S THAN 33
1252	1252	SEVEN (7). 34
1253	1253	SENATE BILL 21 29
1254	1254
1255	1255
1256	1256	(3) PARTICIPATING STATES ENACTING THE COMPACT SUBSEQUENT 1
1257	1257	TO THE CHARTER PARTICIPATING STATES SHALL BE SUBJE CT TO THE PROCESS SE T 2
1258	1258	FORTH IN SECTION 7(C) OF THIS COMPACT TO DET ERMINE IF THEIR ENAC TMENTS 3
1259	1259	ARE MATERIALLY DIFFE RENT FROM THE MODEL COMPACT AND WHETHER T HEY 4
1260	1260	QUALIFY FOR PARTICIP ATION IN THE COMPACT. 5
1261	1261
1262	1262	(4) ALL ACTIONS TAKEN FOR THE BENEFIT OF THE COMMISSION OR 6
1263	1263	IN FURTHERANCE OF TH E PURPOSES OF THE AD MINISTRATION OF THE COMPACT 7
1264	1264	PRIOR TO THE EFFECTI VE DATE OF THE COMPACT OR THE COMMISSION COMING 8
1265	1265	INTO EXISTENCE SHALL BE CONSIDERED TO BE ACTIONS OF THE COMMISSION 9
1266	1266	UNLESS SPECIFICALLY REPUDIATED BY THE COMMISSION. 10
1267	1267
1268	1268	(5) ANY STATE THAT JOINS THE COMPACT SUBSEQUENT TO THE 11
1269	1269	COMMISSION’S INITIAL ADOPTION O F THE RULES AND BYLA WS SHALL BE SUBJECT 12
1270	1270	TO THE COMMISSION’S RULES AND BYLAWS A S THEY EXIST ON THE DATE ON WHICH 13
1271	1271	THE COMPACT BECOMES LAW I N THAT STATE . ANY RULE THAT HAS BEE N 14
1272	1272	PREVIOUSLY ADOPTED B Y THE COMMISSION SHALL HAVE THE FULL FORCE AND 15
1273	1273	EFFECT OF LAW ON THE DAY THE COMPACT BECOMES LAW I N THAT STATE. 16
1274	1274
1275	1275	(B) (1) ANY PARTICIPATING STA TE MAY WITHDRAW FROM THIS 17
1276	1276	COMPACT BY ENACTING A STATUTE REPEALING TH AT STATE’S ENACTMENT OF THE 18
1277	1277	COMPACT. 19
1278	1278
1279	1279	(2) A PARTICIPATING STATE ’S WITHDRAWAL SHALL NOT TAKE 20
1280	1280	EFFECT UNTIL ONE HUN DRED EIGHTY (180) DAYS AFTER ENACTMENT OF THE 21
1281	1281	REPEALING STATUTE . 22
1282	1282
1283	1283	(3) WITHDRAWAL SHALL NOT AFFECT THE CONTINUIN G 23
1284	1284	REQUIREMENT OF THE W ITHDRAWING STATE ’S LICENSING AUTHORIT Y OR 24
1285	1285	AUTHORITIES TO COMPL Y WITH THE INVESTIGA TIVE AND ADVERSE ACT ION 25
1286	1286	REPORTING REQUIREMEN TS OF THIS COMPACT PRIOR TO THE EFFECTIVE DATE OF 26
1287	1287	WITHDRAWAL . 27
1288	1288
1289	1289	(4) UPON THE ENACTMENT OF A STATUTE WITHDRAWIN G FROM THIS 28
1290	1290	COMPACT, THE STATE SHALL IMME DIATELY PROVIDE NOTI CE OF SUCH 29
1291	1291	WITHDRAWAL TO ALL LI CENSEES WITHIN THAT STATE. NOTWITHSTANDING ANY 30
1292	1292	SUBSEQUENT STATUTORY ENACTMENT TO THE CON TRARY, SUCH WITHDRAWING 31
1293	1293	STATE SHALL CONTINUE TO REC OGNIZE ALL COMPACT P RIVILEGES TO PRACTIC E 32
1294	1294	WITHIN THAT STATE GR ANTED PURSUANT TO TH IS COMPACT FOR A MINIMUM OF 33
1295	1295	ONE HUNDRED EIGHTY (180) DAYS AFTER THE DATE OF SUCH NOTICE OF 34
1296	1296	WITHDRAWAL . 35
1297	1297	30 SENATE BILL 21
1298	1298
1299	1299
1300	1300	(C) NOTHING CONTAINED IN THIS COMPACT SHALL BE C ONSTRUED TO 1
1301	1301	INVALIDATE OR PREVEN T ANY LICENSURE AGRE EMENT OR OTHER COOPE RATIVE 2
1302	1302	ARRANGEMENT BETWEEN A PARTICIPATING STAT E AND A NONPARTICIPA TING 3
1303	1303	STATE THAT DOES NOT CONFLICT WITH THE PR OVISIONS OF THIS COMPACT. 4
1304	1304
1305	1305	(D) THIS COMPACT MAY BE AMENDE D BY THE PART ICIPATING STATES . NO 5
1306	1306	AMENDMENT TO THIS COMPACT SHALL BECOME EFFECTIVE AND BINDIN G UPON 6
1307	1307	ANY PARTICIPATING ST ATE UNTIL IT IS ENAC TED INTO THE LAWS OF ALL 7
1308	1308	PARTICIPATING STATES . 8
1309	1309
1310	1310	SECTION 12. CONSTRUCTION AND SEVERABILITY. 9
1311	1311
1312	1312	(A) THIS COMPACT AND THE COMMISSION’S RULEMAKING AUTHORI TY 10
1313	1313	SHALL BE LIBERALLY C ONSTRUED SO AS TO EF FECTUATE THE PURPOSE S AND THE 11
1314	1314	IMPLEMENTATION AND A DMINISTRATION OF THE COMPACT. PROVISIONS OF THE 12
1315	1315	COMPACT EXPRESSLY AUT HORIZING OR REQUIRIN G THE PROMULGATION O F RULES 13
1316	1316	SHALL NOT BE CONSTRU ED TO LIMIT THE COMMISSION’S RULEMAKING AUTHORI TY 14
1317	1317	SOLELY FOR THOSE PUR POSES. 15
1318	1318
1319	1319	(B) THE PROVISIONS OF THI S COMPACT SHALL BE SEVE RABLE AND IF ANY 16
1320	1320	PHRASE, CLAUSE, SENTENCE, OR PROVISION OF THIS COMPACT IS HELD BY A COURT 17
1321	1321	OF COMPETENT JURISDI CTION TO BE CONTRARY TO THE CONSTITUTION O F ANY 18
1322	1322	PARTICIPATING STATE , A STATE SEEKING PART ICIPATION IN THE COMPACT, OR OF 19
1323	1323	THE UNITED STATES, OR THE APPLICABILITY THEREOF TO ANY GOVER NMENT, 20
1324	1324	AGENCY, PERSON, OR CIRCUMSTANCE IS H ELD TO BE UNCONSTITU TIONAL BY A 21
1325	1325	COURT OF COMPETENT J URISDICTION, THE VALIDITY OF THE REMAINDER OF THIS 22
1326	1326	COMPACT AND THE APPLI CABILITY THEREOF TO ANY OTHER GOVERNMENT , 23
1327	1327	AGENCY, PERSON, OR CIRCUMSTANCE SHAL L NOT BE AFFECTED TH EREBY. 24
1328	1328
1329	1329	(C) NOTWITHSTANDING SUBSE CTION (B) OF THIS SECTION , THE 25
1330	1330	COMMISSION MAY DENY A STATE’S PARTICIPATION IN T HE COMPACT OR , IN 26
1331	1331	ACCORDANCE WITH THE REQUIREMENTS OF SECTION 10(B) OF THIS COMPACT, 27
1332	1332	TERMINATE A PARTICIP ATING STATE’S PARTICIPATION IN T HE COMPACT, IF IT 28
1333	1333	DETERMINES THAT A CON STITUTIONAL REQUIREM ENT OF A PARTICIPATI NG STATE 29
1334	1334	IS A MATERIAL DEPART URE FROM THE COMPACT. OTHERWISE, IF THIS COMPACT 30
1335	1335	SHALL BE HELD TO BE CONTRARY TO THE CONS TITUTION OF ANY PART ICIPATING 31
1336	1336	STATE, THE COMPACT SHALL REMAIN IN FULL FORCE AN D EFFECT AS TO THE 32
1337	1337	REMAINING PARTICIPAT ING STATES AND IN FU LL FORCE AND EFFECT AS TO THE 33
1338	1338	PARTICIPATING STATE AFFECTED AS TO ALL S EVERABLE MATTERS . 34
1339	1339
1340	1340	SECTION 13. CONSISTENT EFFECT AND CONFLICT WITH OTHER 35
1341	1341	STATE LAWS. 36
1342	1342	SENATE BILL 21 31
1343	1343
1344	1344
1345	1345	(A) NOTHING HEREIN SHALL PREVENT OR INH IBIT THE ENFORCEMENT OF 1
1346	1346	ANY OTHER LAW OF A P ARTICIPATING STATE T HAT IS NOT INCONSIST ENT WITH THE 2
1347	1347	COMPACT. 3
1348	1348
1349	1349	(B) ANY LAWS , STATUTES, REGULATIONS , OR OTHER LEGAL 4
1350	1350	REQUIREMENTS IN A PA RTICIPATING STATE IN CONFLICT WITH THE COMPACT ARE 5
1351	1351	SUPERSEDED TO THE EX TENT OF THE CONFLICT . 6
1352	1352
1353	1353	(C) ALL PERMISSIBLE AGREE MENTS BETWEEN THE COMMISSION AND THE 7
1354	1354	PARTICIPATING STATES ARE BINDING IN ACCOR DANCE WITH THEIR TER MS. 8
1355	1355
1356	1356	SECTION 2. AND BE IT FURTHER ENACTED, That this Act is contingent on the 9
1357	1357	enacting of substantially similar legislation in seven other states. The Maryland 10
1358	1358	Department of Health shall notify the Department of Legislative Services within 10 days 11
1359	1359	after seven states have enacted legislation that is substantially similar to this Act. 12
1360	1360
1361	1361	SECTION 3. AND BE IT FURTHER ENACTED, That, subject to Section 2 of this 13
1362	1362	Act, this Act shall take effect October 1, 2025. 14
1363	1363