Maryland 2025 Regular Session

Maryland Senate Bill SB538 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	sb0538
6	6
7	7	SENATE BILL 538
8	8	J2 5lr2601
9	9	CF HB 534
10	10	By: Senators Kramer and Hershey
11	11	Introduced and read first time: January 23, 2025
12	12	Assigned to: Finance
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Interstate Dental and Dental Hygiene Licensure Compact 2
19	19
20	20	FOR the purpose of entering into the Interstate Dental and Dental Hygiene Licensure 3
21	21	Compact; authorizing a dentist or dental hygienist to practice in a member state; 4
22	22	establishing the Interstate Dental and Dental Hygiene Compact Licensure 5
23	23	Commission to oversee the Compact and establishing the Commission’s powers and 6
24	24	duties; and generally relating to the Interstate Dental and Dental Hygiene Licensure 7
25	25	Compact. 8
26	26
27	27	BY adding to 9
28	28	Article – Health Occupations 10
29	29	Section 4–3A–01 to be under the new subtitle “Subtitle 3A. Interstate Dental and 11
30	30	Dental Hygiene Licensure Compact” 12
31	31	Annotated Code of Maryland 13
32	32	(2021 Replacement Volume and 2024 Supplement) 14
33	33
34	34	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
35	35	That the Laws of Maryland read as follows: 16
36	36
37	37	Article – Health Occupations 17
38	38
39	39	SUBTITLE 3A. INTERSTATE DENTAL AND DENTAL HYGIENE LICENSURE 18
40	40	COMPACT. 19
41	41
42	42	4–3A–01. 20
43	43
44	44	THE INTERSTATE DENTAL AND DENTAL HYGIENE LICENSURE COMPACT IS 21
45	45	HEREBY EN ACTED INTO LAW AND T HE GOVERNOR SHALL ENTER INTO A COMPACT 22
46	46	ON BEHALF OF THE STATE OF MARYLAND WITH ANY JUR ISDICTION LEGALLY 23
47	47	JOINED THEREIN , IN THE FORM SUBSTANT IALLY AS SET FORTH I N THIS ACT. 24 2 SENATE BILL 538
48	48
49	49
50	50
51	51	SECTION 1. PURPOSE 1
52	52
53	53	THIS COMPACT SHALL BE KNOW N AS THE INTERSTATE DENTAL AND DENTAL 2
54	54	HYGIENE LICENSURE COMPACT AND THE PURPO SE OF THE COMPACT IS TO 3
55	55	EXPEDITE LICENSURE A ND INCREASE ACCESS T O DENTAL HEALTH CARE THROUGH 4
56	56	LICENSURE BOARDS ACT ING IN COOPERATION . THE COMPACT ADOPTS THE 5
57	57	EXISTING STRUCTURES MOST UTILIZED BY DENTAL BOARDS ACROSS THE UNITED 6
58	58	STATES, WHILE ENSURING THE S AFETY OF THE PUBLIC THROUGH THE SHARING OF 7
59	59	DOCUMENTS AND INFORM ATION. THIS COMPACT ENSURES THAT EACH STATE 8
60	60	RETAINS THE RIGHT TO IMPOSE AN ADVERSE AC TION ON A LICENSEE A S A HOME 9
61	61	STATE OR AS A PRACTI CING STATE. EACH STATE HAS AN OPP ORTUNITY TO SHARE 10
62	62	INVESTIGATIONS AND I NFORMATION WITH THE HOME STATE OF LICENS URE. THE 11
63	63	COMPACT IS OPERATED B Y STATE DENTAL BOARD MEMBERS, ADMINISTRATORS 12
64	64	AND OTHER STAFF , THUS ALLOWING FOR EA CH STATE TO MAINTAIN ITS 13
65	65	SOVEREIGN TY. 14
66	66
67	67	THE COMPACT: 15
68	68
69	69	(A) ALLOWS FOR EXPEDITED LICENSURE PORTABILIT Y AND EASE OF 16
70	70	MOVEMENT OF LICENSEE S BETWEEN STATES ; 17
71	71
72	72	(B) ALLOWS EACH STATE TO CONTINUE TO REGULATE THE PRACTICE OF 18
73	73	DENTISTRY AND DENTAL HYGIENE WITHIN ITS B ORDERS; 19
74	74
75	75	(C) CREATES A COMMON GOAL OF PROTECTING T HE PUBLIC BY ENSURIN G 20
76	76	A UNIFORM LICENSURE STANDARD AND SHARING OF INFORMATION IN TH E 21
77	77	COMPACT; 22
78	78
79	79	(D) ALLOWS FOR LICENSURE IN EVERY PARTICIPATI NG STATE BY 23
80	80	REQUIRING PASSAGE OF THE UNIFORM LICENSUR E EXAMINATION THAT A SSESSES 24
81	81	PSYCHOMOTOR AN D COGNITIVE DENTAL S KILLS AND IS CURRENT LY ACCEPTED IN 25
82	82	FIFTY (50) STATE LICENSING JURI SDICTIONS AND UNITED STATES TERRITORIES ; 26
83	83
84	84	(E) GIVES LICENSEES ONE (1) LOCATION TO MAINTAIN PROFESSIONAL 27
85	85	DOCUMENTATION TO EXP EDITE LICENSE TRANSF ERS IN STATES, HOSPITALS OR 28
86	86	INSTITUTIONAL CREDEN TIALING; 29
87	87
88	88	(F) FACILITATES A FASTER LICENSURE PROCESS FO R RELOCATION OR 30
89	89	SEPARATION OF MILITA RY MEMBERS AND THEIR DEPENDENT SPOUSES ; THERE ARE 31
90	90	NO COMPACT FEES FOR MILI TARY MEMBERS OR THEI R SPOUSES; 32
91	91	SENATE BILL 538 3
92	92
93	93
94	94	(G) ALLEVIATES A DUPLICAT IVE PROC ESS FOR LICENSURE AM ONG 1
95	95	MULTIPLE STATES ; AND 2
96	96
97	97	(H) SAVES APPLICANTS MONE Y BY NOT HAVING TO O BTAIN DUPLICATE 3
98	98	DOCUMENTS FROM A SOU RCE THAT CHARGES FOR THE DOCUMENTS . 4
99	99
100	100	SECTION 2. DEFINITIONS 5
101	101
102	102	(A) “AADB” MEANS THE AMERICAN ASSOCIATION OF DENTAL BOARDS 6
103	103	(AADB) OR ITS NAMED SUCCESS OR, FORMERLY KNOWN AS TH E AMERICAN 7
104	104	ASSOCIATION OF DENTAL EXAMINERS (AADE), ORIGINALLY CHARTERED ON 8
105	105	SEPTEMBER 10TH, 1896 AND RENEWED IN 1944, COMPRISING STATE DENTAL 9
106	106	BOARDS IN THE UNITED STATES AND ITS TERRIT ORIES; 10
107	107
108	108	(B) “ATTORNEYS’ COMMITTEE” MEANS THE COMMITTEE OF ATTORNEYS 11
109	109	WHO CURRENTLY REPRES ENT A MEMBER STATE DENTAL BOARD; THE ATTORNEYS’ 12
110	110	COMMITTEE SHALL DESIG NATE ONE OF ITS MEMB ERS TO PARTICIPATE I N THE 13
111	111	COMMISSION AS A NON –VOTING MEMBER . AN ATTORNEY THAT HAS PREVIOUSLY 14
112	112	SERVED AS AN ATTORNEY FOR A MEMBER STATE DENTAL BOARD MAY BE INVITED 15
113	113	ON A YEAR–TO–YEAR BASIS TO SERVE ON THE ATTORNEYS’ COMMITTEE IF THEY 16
114	114	HAVE NOT ENGAGED IN AN OFFICIAL CASE AGA INST A STATE DENTAL BOARD OR 17
115	115	HAVE ANY OTHER CONFL ICT OF INTEREST . THE ATTORNEYS’ COMMITTEE MAY 18
116	116	ASSIST THE INVESTIGA TORS IN WORKING THRO UGH JOINT INVESTIGAT ION ISSUES 19
117	117	BETWEEN STATES ; 20
118	118
119	119	(C) “ACTIVE–DUTY MILITARY PERSON OR SPOUSE” MEANS A LICENSEE IN 21
120	120	FULL–TIME ACTIVE–DUTY STATUS IN THE A CTIVE UNIFORMED SERV ICES OF THE 22
121	121	UNITED STATES, INCLUDING MEMBE RS OF THE NATIONAL GUARD AND RESERVES. 23
122	122	THE LEGAL SPOUSE OF T HE MILITARY MEMBER M UST BE RECOGNIZED BY THE 24
123	123	MILITARY UNIT AS A D EPENDENT WHILE THE S ERVICE MEMBER IS ON ACTIVE DUTY. 25
124	124	SPOUSES SHALL RECEIVE THE SAME PRIVILEGES AS MILITARY MEMBERS FOR THE 26
125	125	PURPOSE OF THIS COMPACT; 27
126	126
127	127	(D) “ACTIVE INVESTIGATION ” MEANS AN ACTIVE INVE STIGATION 28
128	128	POTENTIALLY RESULTIN G IN FORMAL ALLEGATI ONS OR CHARGES PRECI PITATING 29
129	129	A JUDICIAL PROCESS B Y A STATE DENTAL BOARD, OVERSIGHT AGENCY , OR OTHER 30
130	130	LAW ENFORCEMENT ENTI TY; 31
131	131
132	132	(E) “ADVERSE ACTION” MEANS AN ORDER ISSUE D BY A STATE DENTAL 32
133	133	BOARD OR REPORTED TO THE CLEARINGHOUSE PU RSUANT TO THE COMMISSION’S 33
134	134	BYLAWS AND RULES THAT DISCIPLINES A LICENSEE. ADVERSE ACTION INCLUDES , 34
135	135	AND IS NOT LIMITED T O, THE SUSPENSION , LIMITING, OR REVOCATION OF A 35
136	136	LICENSE OR COMPACT LICENSE PRIVILEGE; THE IMPOSITION OF FE ES AND 36 4 SENATE BILL 538
137	137
138	138
139	139	SANCTIONS; AND ANY TEMPORARY EM ERGENCY ORDER THAT M AY BE LATER 1
140	140	WITHDRAWN BY A BOARD; 2
141	141
142	142	(F) “ADEX EXAMINATION ” MEANS THE INITIAL LI CENSURE EXAMINATIONS 3
143	143	DEVELOPED BY THE AMERICAN BOARD OF DENTAL EXAMINERS, INC. OR ITS 4
144	144	SUCCESSOR; 5
145	145
146	146	(G) “BYLAWS” MEANS THE BYLAWS PAS SED BY THE COMMISSION OR ITS 6
147	147	NAMED SUCCESSOR COMM ISSION; 7
148	148
149	149	(H) “CLEARINGHOUSE ” MEANS THE CLEARINGHO USE AND DATABANK THA T 8
150	150	HOUSES PRIOR ADVERSE ACTION DOCUMENTATIONS , ORDERS, AND DENIALS OF 9
151	151	LICENSURE OR PERMITS FROM STATE DENTAL BOARDS THAT IS ADMINI STERED BY 10
152	152	THE AADB OR ITS SUCCESSOR ; 11
153	153
154	154	(I) “CODA” MEANS THE COMMISSION ON DENTAL ACCREDITATION OR ITS 12
155	155	SUCCESSOR AS APPROVE D BY THE UNITED STATES DEPARTMENT OF EDUCATION; 13
156	156
157	157	(J) “COMMISSION” MEANS THE INTERSTATE DENTAL AND DENTAL 14
158	158	HYGIENE COMPACT LICENSURE COMMISSION CREATED PU RSUANT TO SECTION 3 15
159	159	OF THIS ACT; 16
160	160
161	161	(K) “COMMISSIONERS ” MEANS THE TWO (2) MEMBERS CHOSEN BY EA CH 17
162	162	MEMBER STATE DENTAL BOARD TO SERVE AS THE VOTING MEMBERS OF TH E 18
163	163	COMMISSION; 19
164	164
165	165	(L) “COMPACT” MEANS THE INTERSTATE DENTAL AND DENTAL HYGIENE 20
166	166	LICENSURE COMPACT CREATED PURSU ANT TO SECTION 3 OF THIS ACT; 21
167	167
168	168	(M) “COMPACT LICENSE PRIVILEGE” MEANS THE EXPEDITED DENTAL OR 22
169	169	DENTAL HYGIENE LICEN SE TO PRACTICE IN A MEMBER STATE THAT IS NOT THE 23
170	170	LICENSEE’S HOME STATE; 24
171	171
172	172	(N) “CONVICTION” MEANS AN ADJUDICATIO N OR FORMAL JUDGMENT BY A 25
173	173	COURT THAT AN INDIVI DUAL IS GUILTY THROU GH A PLEA OF GUILTY OR NO 26
174	174	CONTEST, OR A FINDING OF GUIL T BY THE COURT . EVIDENCE OF A CONVICT ION OF 27
175	175	A CRIMINAL OFFENSE B Y A COURT SHALL BE CONSIDERED FINAL FOR THE 28
176	176	PURPOSES OF CONSIDER ING OR IMPOSING DISC IPLINARY ACTION BY A MEMBER 29
177	177	STATE DENTAL BOARD; 30
178	178
179	179	(O) “CRIMINAL BACKGROUND C HECK” MEANS A CRIMINAL BAC KGROUND 31
180	180	CHECK USING THE RESU LTS OF FINGERPRINT O R OTHER BIOMETRIC DA TA CHECKS 32
181	181	COMPLIANT WITH THE RE QUIREMENTS OF THE FEDERAL BUREAU OF 33 SENATE BILL 538 5
182	182
183	183
184	184	INVESTIGATION , WITH THE EXCEPTION O F FEDERAL EMPLOYEES WHO HAVE 1
185	185	SUITABILITY DETERMIN ATION IN ACCORDANCE WITH 5 C.F.R. 731.202; 2
186	186
187	187	(P) “DENTAL HYGIENIST ” MEANS ANY PERSON WHO : 3
188	188
189	189	1. HAS SUCCESSFULLY GRA DUATED FROM A CODA–APPROVED 4
190	190	DENTAL HYGIENE SCHOO L; 5
191	191
192	192	2. HAS SUCCESSFULLY PASS ED THE ADEX DENTAL HYGIENE 6
193	193	LICENSURE EXAMINATIO N, OR HAS BEEN IN PRACT ICE 5 YEARS OR MORE AND HA S 7
194	194	SUCCESSFULLY PASSED A REGIONAL BOARD EXAMINATION OR EQUIVA LENT 8
195	195	STATE–ADMINISTERE D PSYCHOMOTOR LICENS URE EXAMINATION PRIO R TO 9
196	196	JANUARY 1, 2024; 10
197	197
198	198	3. HAS SUCCESSFULLY PASS ED THE WRITTEN NATIO NAL DENTAL 11
199	199	HYGIENE BOARD EXAMIN ATION ADMINISTERED B Y THE JOINT COMMISSION ON 12
200	200	NATIONAL DENTAL EXAMINATIONS ; 13
201	201
202	202	4. POSSESSES A FULL AND UNRESTRICTED DENTAL HYGIENE 14
203	203	LICENSE ISSUED BY A MEMBER STATE; 15
204	204
205	205	5. HAS NEVER BEEN CONVIC TED OR RECEIVED ADJU DICATION, 16
206	206	DEFERRED ADJUDICATIO N, COMMUNITY SUPERVISIO N OR DEFERRED DISPOS ITION 17
207	207	FOR ANY OFFENSE (OTHER THAN TRAFFIC O FFENSES) BY A COURT OF APPROP RIATE 18
208	208	JURISDICTION; 19
209	209
210	210	6. HAS NEVER BEEN A SUBJ ECT OF DISCIPLINE BY A LICENSING 20
211	211	AGENCY THROUGH ANY ADVERSE ACTION, ORDER, OR OTHER RESTRICTION OF THE 21
212	212	LICENSEE BY A LICENSING AGENCY, WITH THE EXCEPTION O F FAILURE TO PAY 22
213	213	FEES OR FAILURE TO C OMPLETE CONTINUING E DUCATION; 23
214	214
215	215	7. IS NOT CURRENTLY UNDE R ACTIVE INVESTIGATION BY A 24
216	216	LICENSING AGENCY OR LAW ENFORCE MENT AUTHORITY IN AN Y STATE, FEDERAL 25
217	217	OR FOREIGN JURISDICT ION; AND 26
218	218
219	219	8. MEETS ANY JURISPRUDEN CE REQUIREMENT ESTAB LISHED BY A 27
220	220	MEMBER STATE DENTAL BOARD OF A MEMBER STATE IN WHICH A LICENSEE IS 28
221	221	SEEKING A COMPACT LICENSE PRIVILEGE. 29
222	222
223	223	(Q) “DENTAL PRACTICE ACT” MEANS THE LAWS AND R EGULATIONS 30
224	224	GOVERNING THE PRACTI CE OF DENTISTRY WITH IN A MEMBER STATE; 31
225	225
226	226	(R) “DENTIST” MEANS ANY PERSON WHO : 32 6 SENATE BILL 538
227	227
228	228
229	229
230	230	1. HAS SUCCESSFULLY GRAD UATED FROM A CODA–APPROVED 1
231	231	DENTAL SCHOOL ; 2
232	232
233	233	2. HAS SUCCESSFULLY PASS ED THE ADEX DENTAL LICENSURE 3
234	234	EXAM; OR HAS BEEN IN PRACT ICE 5 YEARS OR MORE AND HA S SUCCESSFULLY 4
235	235	PASSED A REGIONAL BOARD EXAMINATION OR EQUIVA LENT STATE–ADMINISTERED 5
236	236	PSYCHOMOTOR LICENSUR E EXAMINATION PRIOR TO JANUARY 1, 2024; 6
237	237
238	238	3. HAS SUCCESSFULLY PASS ED THE WRITTEN NATIONAL DENTAL 7
239	239	BOARD EXAM ADMINISTERED BY THE JOINT COMMISSION ON NATIONAL DENTAL 8
240	240	EXAMINATIONS ; 9
241	241
242	242	4. POSSESSES A FULL AND UNRESTRICTED DENTAL LICENSE ISSUED 10
243	243	BY A MEMBER STATE DENTAL BOARD; 11
244	244
245	245	5. HAS NEVER BEEN CONVIC TED OR RECEIVED ADJU DICATION, 12
246	246	DEFERRED ADJUDICATIO N, COMMUNITY SUPERVISIO N, OR DEFERRED DISPOSIT ION 13
247	247	FOR ANY OFFENSE (OTHER THAN TRAFFIC O FFENSES) BY A COURT OF APPROP RIATE 14
248	248	JURISDICTION; 15
249	249
250	250	6. HAS NEVER BEEN A SUBJ ECT OF DISCIPLINE BY A LICENSING 16
251	251	AGENCY THROUGH ANY ADVERSE ACTION, ORDER, OR OTHER RESTRICTION OF THE 17
252	252	LICENSEE BY A LICENSING AGENCY, WITH THE EXCEPTION O F FAILURE TO PAY 18
253	253	FEES OR FAILURE TO C OMPLETE CONTINUING E DUCATION; 19
254	254
255	255	7. HAS NEVER HAD A STATE OR FEDERA L DRUG REGISTRATION , 20
256	256	PERMIT, OR LICENSE RESTRICTE D, SUSPENDED, OR REVOKED BY THE UNITED 21
257	257	STATES DRUG ENFORCEMENT ADMINISTRATION OR ANY LICENSING AGENCY THAT 22
258	258	OVERSEES SCHEDULED D RUG REGISTRATIONS ; 23
259	259
260	260	8. IS NOT CURRENTLY UNDE R ACTIVE INVESTIGATION BY A 24
261	261	LICENSING AGENCY OR LAW ENFORCE MENT AUTHORITY IN AN Y STATE, FEDERAL 25
262	262	OR FOREIGN JURISDICT ION; AND 26
263	263
264	264	9. MEETS ANY JURISPRUDEN CE REQUIREMENT ESTAB LISHED BY A 27
265	265	MEMBER STATE DENTAL BOARD IN WHICH A LICENSEE IS SEEKING A COMPACT 28
266	266	LICENSE PRIVILEGE; 29
267	267
268	268	(S) “HOME STATE” MEANS THE STATE OF P RIMARY LICENSURE OF A 30
269	269	LICENSEE; 31
270	270	SENATE BILL 538 7
271	271
272	272
273	273	(T) “LICENSE” MEANS THE AUTHORIZAT ION BY A LICENSING AUTHORITY 1
274	274	FOR A DENTIST OR DEN TAL HYGIENIST TO ENG AGE IN THE UNRESTRIC TED 2
275	275	PRACTICE OF DENTISTRY OR DENTAL HYGIENE, WHICH WOULD BE UNLAW FUL 3
276	276	WITHOUT SUCH LICENSE ; 4
277	277
278	278	(U) “LICENSEE” MEANS A DENTIST OR DENTAL HYGIENIST WHO HOLDS A N 5
279	279	UNRESTRICTED LICENSE TO PRACTICE A S A DENTIST OR DENTA L HYGIENIST; 6
280	280
281	281	(V) “LICENSING AGENCY” MEANS THE AGENCY OR OTHER ENTITY OF A 7
282	282	STATE THAT IS RESPON SIBLE FOR THE LICENS ING OF DENTISTS AND DENTAL 8
283	283	HYGIENISTS. IF A MEMBER STATE DENTAL BOARD HAS SUCH RESPON SIBILITY, IT 9
284	284	SHALL BE DEEMED A LICENSING AGENCY; 10
285	285
286	286	(W) “MEMBER STATE DENTAL BOARD” MEANS A STATE AGENCY IN A 11
287	287	MEMBER STATE THAT PROTECTS T HE PUBLIC THROUGH LI CENSURE, REGULATION , 12
288	288	AND THE EDUCATION OF DENTISTS AND DENTAL HYGIENISTS, AS DIRECTED BY THE 13
289	289	STATE LAW. ALL ACTIONS TAKEN BY A MEMBER STATE DENTAL BOARD SHALL BE 14
290	290	UNDER THE AUTHORITY OF THE LAWS OF ITS S TATE AND ANY OTHER RIGHTS 15
291	291	CONFERRED UNDER THIS COMPACT; 16
292	292
293	293	(X) “MEMBER STATE” MEANS A STATE , THE DISTRICT OF COLOMBIA OR 17
294	294	ANY OTHER UNITED STATES TERRITORY THAT HAS ENACTED THE COMPACT; 18
295	295
296	296	(Y) “REGIONAL BOARD EXAMINATION” MEANS INITIAL LICENS URE 19
297	297	EXAMINATIONS ADMINIS TERED BY THE WESTERN REGIONAL EXAMINING BOARD 20
298	298	(WREB), THE NORTH EAST REGIONAL BOARD OF DENTAL EXAMINERS (NERB), 21
299	299	THE COMMISSION ON DENTAL COMPETENCY ASSESSMENTS (CDCA), COUNCIL OF 22
300	300	INTERSTATE TESTING AGENCIES (CITA), SOUTHERN REGIONAL TESTING AGENCY 23
301	301	(SRTA), OR CENTRAL REGIONAL DENTAL TESTING SERVICES (CRDTS) THAT 24
302	302	ASSESS PSYCHOMOTOR S KILLS. 25
303	303
304	304	(Z) “REPOSITORY” MEANS THE REPOSITORY OF ORIGINAL DOCUMENT S OF 26
305	305	A LICENSEE THAT MAY INC LUDE ORIGINAL TRANSC RIPTS, CERTIFICATION 27
306	306	DOCUMENTS , TEST SCORES, MILITARY TRAINING RE CORDS, PREVIOUS OR CURRENT 28
307	307	LICENSING DOCUMENTS AND OTHER SOURCES OF MATERIALS NEEDED FOR 29
308	308	APPLICATIONS AND VER IFICATION ADMINISTER ED BY THE AADB OR ITS 30
309	309	SUCCESSOR. THE REPOSITORY SHALL RECE IVE DOCUMENTS FROM P RIMARY OR 31
310	310	ORIGINATING SOURCES AND/OR VERIFY THEIR AUTH ENTICITY; 32
311	311
312	312	(AA) “SCOPE OF PRACTICE ” MEANS THE DENTAL –RELATED PROCEDURES 33
313	313	THAT REQUIRE A LICENSE, PERMIT, OR TRAINING, TO UNDERTAKE THE TRE ATMENT 34
314	314	AND PROCEDURE TO BE COMPLETED ON A PATIE NT WITHIN THE MEMBER STATE’S 35
315	315	REQUIREMENTS ; 36 8 SENATE BILL 538
316	316
317	317
318	318
319	319	(BB) “STATE” MEANS A STATE WITHIN THE UNITED STATES OR A UNITED 1
320	320	STATES TERRITORY; AND 2
321	321
322	322	(CC) “STATE JURISPRUDENCE ” MEANS THE KNOWLEDGE OF A MEMBER 3
323	323	STATE’S LAWS AND RULES OF DENTISTRY AND DENTAL HYGIENE. 4
324	324
325	325	SECTION 3. COMPACT AND COMMISSION 5
326	326
327	327	(A) THE MEMBER STATES HEREBY CREATE THE INTERSTATE DENTAL AND 6
328	328	DENTAL HYGIENE LICENSURE COMPACT AND THE COMMISSION. EACH MEMBER 7
329	329	STATE MUST ENACT A CO MPACT THAT IS NOT MA TERIALLY DIFFERENT F ROM THIS 8
330	330	COMPACT, AS DETERMINED BY THE COMMISSION. 9
331	331
332	332	(B) EACH MEMBER STATE DENTAL BOARD SHALL HAVE TWO (2) VOTING 10
333	333	MEMBERS WHO SHALL SE RVE AS COMMISSIONERS . EACH COMMISSIONER SHALL 11
334	334	HAVE ONE (1) VOTE. MEMBER STATES WITH SEPARATE DENTAL AND DENTAL 12
335	335	HYGIENE LICENSING AGENCIES SHALL APPOIN T ONE (1) COMMISSIONER FROM 13
336	336	EACH LICENSING AGENC Y. ONE COMMISSIONER SHALL BE A CURRENT MEMBER OF 14
337	337	A MEMBER STATE DENTAL BOARD. COMMISSIONERS MAY NOT DELEGATE VOTES 15
338	338	OR VOTE BY PROXY , HOWEVER, IF A COMMISSIONER IS UNABL E TO ATTEND, THE 16
339	339	MEMBER STATE MAY SUBSTITUTE A COMMISSIONER WHO MEET S THE SAME 17
340	340	REQUIREMENTS . 18
341	341
342	342	(C) UPON FIVE (5) STATES JOINING THE COMPACT, THE COMPACT SHALL 19
343	343	BECOME ACTIVE . THE COMMISSION SHALL ADOP T BYLAWS UPON BECOMING 20
344	344	ACTIVE. 21
345	345
346	346	(D) THE COMMISSION SHALL MEET AT LEAST ONCE PER CA LENDAR YEAR 22
347	347	(THE “ANNUAL MEETING”) AND AT ADDITIONAL TI MES AS NECESSARY PUR SUANT 23
348	348	TO THE BYLAWS AND RULES. 24
349	349
350	350	(E) AT EACH ANNUAL MEETING, THE COMMISSION SHALL ELEC T A CHAIR, 25
351	351	VICE CHAIR, SECRETARY, AND TREASURER FROM THE ME MBERSHIP OF THE 26
352	352	COMMISSION (THE “OFFICERS”). THE OFFICERS SHALL BE MEM BERS OF THE 27
353	353	COMMISSION’S EXECUTIVE COMMITTEE (THE “EXECUTIVE COMMITTEE”). THE 28
354	354	COMMISSION SHALL ALSO ELECT REPRESENTATIVE S FROM FOUR REGIONAL 29
355	355	DISTRICTS ESTABLISHE D BY THE COMMISSION TO SERVE O N THE EXECUTIVE 30
356	356	COMMITTEE. ALL OFFICERS AND EXECUTIVE COMMITTEE REPRESENTAT IVES 31
357	357	SHALL SERVE ONE (1)–YEAR TERMS. 32
358	358
359	359	(F) QUORUM FOR PURPOSES OF COND UCTING BUSINESS SHAL L BE A 33
360	360	MAJORITY OF COMMISSIONERS ATTENDI NG IN PERSON OR VIRT UALLY. 34 SENATE BILL 538 9
361	361
362	362
363	363
364	364	(G) THE COMMISSION SHALL PROV IDE NOTICE OF ALL ME ETINGS ON ITS 1
365	365	WEBSITE AND IN OTHER COMMUNICATIONS TO MEMBER STATE DENTAL BOARDS. 2
366	366
367	367	(H) A VOTE OF TWO–THIRDS (2/3) OF THE COMMISSIONERS PRESENT SHALL 3
368	368	BE REQUIRED FOR AN E XECUTIVE SESSION TO DISCUSS: 4
369	369
370	370	1. ITEMS SPECIFICALLY RE LATED TO PARTICIPATI ON IN A LAWSUIT 5
371	371	OR IN ANTICIPATION O F A LEGAL PROCEEDING ; 6
372	372
373	373	2. MATTERS SPECIFICALLY EXEMPTED FROM DISCLO SURE BY 7
374	374	FEDERAL STATUTE ; 8
375	375
376	376	3. INFORMATION OR MATTER S INVOLVING LAW ENFO RCEMENT 9
377	377	AGENCIES OR INFORMAT ION THAT ACCUSES A P ERSON OF A CRIME OR A PUBLIC 10
378	378	CENSURE; 11
379	379
380	380	4. DISCUSSIONS THAT WOUL D INCLUDE INFORMATIO N OF A 12
381	381	PERSONAL NATURE THAT WOULD CONSTITUTE AN UNWARRANTED INVASION OF 13
382	382	PERSONAL PRIVACY ; 14
383	383
384	384	5. ANYTHING CONSIDERED I NTERNAL PRACTICES AN D 15
385	385	PROCEDURES OR A TRAD E SECRET; 16
386	386
387	387	6. OTHER ITEMS DESCRIBED IN THE COMMISSION BYLAWS 17
388	388	ALLOWING FOR EXECUTI VE SESSIONS TO BE CA LLED; OR 18
389	389
390	390	7. ADVICE OF LEGAL COUNSEL. 19
391	391
392	392	(I) THE COMMISSION SHALL KEEP MINUTES AND MAKE THE M AVAILABLE 20
393	393	TO ALL MEMBER STATES. 21
394	394
395	395	(J) THE COMMISSION MAY ESTABL ISH OTHER COMMITTEES AS NEEDED. 22
396	396
397	397	(K) THE COMMISSION SHALL PREP ARE AN ANNUAL REPORT THAT SHALL BE 23
398	398	MADE AVAILABLE TO TH E LEGISLATURES AND G OVERNORS OF THE MEMBER 24
399	399	STATES. THE ANNUAL REPORT SHA LL DESCRIBE THE ACTI VITIES OF THE 25
400	400	COMMISSION DURING THE PRECEDING CALENDAR Y EAR. SUCH REPORTS SHALL 26
401	401	ALSO INCLUDE REPORTS OF THE ANNUAL FINANC IAL AUDIT AND ANY AC TIONS 27
402	402	TAKEN BY OR RULES TH AT WERE ADOPTED BY T HE COMMISSION. 28
403	403
404	404	SECTION 4. DUTIES OF COMPACT MEMBER STATES 29
405	405	10 SENATE BILL 538
406	406
407	407
408	408	(A) MEMBER STATES SHALL SUBMIT T O THE CLEARINGHOUSE ALL 1
409	409	MEMBER STATE DENTAL BOARD ACTIONS AND OTH ER DOCUMENTS AND DAT A AS 2
410	410	DETERMINED BY THE COMMISSION; 3
411	411
412	412	(B) MEMBER STATES SHALL NOTIFY T HE COMMISSION OF ANY ADVERSE 4
413	413	ACTION TAKEN BY THE MEMBER STATE DENTAL BOARD, ANY ACTIVE 5
414	414	INVESTIGATION BY THE MEMBER STATE DENTAL BOARD, ANY ACTIVE 6
415	415	INVESTIGATION INVOLVI NG PENDING CRIMINAL CHARGES, OR OTHER 7
416	416	CIRCUMSTANCE AS DETE RMINED BY THE COMMISSION; 8
417	417
418	418	(C) ANY ADVERSE ACTION, ORDER, RESTRICTION OR DENIA L OF A LICENSE 9
419	419	OR PERMIT ON A LICENSEE OR COMPACT LICENSE PRIVILEGE HOLDER SHAL L BE 10
420	420	REPORTED TO THE CLEARINGHOUSE BY THE MEMBER STATE DENTAL BOARD; 11
421	421
422	422	(D) MEMBER STATE DENTAL BOARDS MAY SUBMIT TO THE 12
423	423	CLEARINGHOUSE NONPU BLIC COMPLAINTS , OR DISCIPLINARY OR I NVESTIGATORY 13
424	424	INFORMATION NOT REQU IRED BY SECTION 4(C). ALL INVESTIGATORY MAT ERIAL 14
425	425	SHALL BE CONSIDERED CONFIDENTIAL AND NOT PART OF A PUBLIC REC ORD 15
426	426	UNLESS OTHERWISE SPE CIFICALLY REQUIRED B Y STATE STATUTE ; 16
427	427
428	428	(E) MEMBER STATES SHALL ACCEPT CO NTINUING EDUCATION C REDITS AS 17
429	429	REQUIRED OR RECOGNIZ ED BY ANY OTHER MEMBER STATE; 18
430	430
431	431	(F) DOCUMENTS IN THE REPOSITORY SHALL BE T REATED BY A MEMBER 19
432	432	STATE AS THE EQUIVALE NT OF A PRIMARY OR O RIGINAL SOURCE DOCUM ENT FOR 20
433	433	LICENSURE; 21
434	434
435	435	(G) MEMBER STATES SHALL ACCEPT A STANDARDIZED APPLICA TION FOR A 22
436	436	COMPACT LICENSE PRIVILEGE. THE STANDARDIZED APPL ICATION SHALL BE 23
437	437	ESTABLISHED BY THE R ULES ENACTED BY THE COMMISSION; 24
438	438
439	439	(H) MEMBER STATES MAY AGREE TO S HARE INFORMATION REG ARDING 25
440	440	ONGOING INVESTIGATIO NS AND ACTIONS, INCLUDING JOINT INVE STIGATIONS 26
441	441	BETWEEN STATES . ALL INVESTIGATORY MAT ERIAL SHALL BE CONSI DERED 27
442	442	CONFIDENTIAL AND NOT PART OF A PUBLIC REC ORD UNLESS OTHERWISE 28
443	443	SPECIFICALLY REQUIRE D BY STATE STATUTE ; AND 29
444	444
445	445	(I) AS PART OF THE COMPACT ENFORCEMENT , PARTICIPATING MEMBER 30
446	446	STATES MAY ISSUE SUBP OENAS AND SEEK TESTI MONY OF WITNESSES , WHICH 31
447	447	SUBPOENAS SHALL BE E NFORCED IN OTHER MEMBER STATES AND ENFORCED B Y A 32
448	448	COURT OF COMPETENT J URISDICTION WHERE TH E WITNESSES OR EVIDE NCE IS 33
449	449	LOCATED. 34
450	450	SENATE BILL 538 11
451	451
452	452
453	453	SECTION 5. POWERS AND DUTIES OF THE COMMISSION 1
454	454
455	455	(A) THE COMMISSION SHALL HAVE THE DUTY AND POWER T O: 2
456	456
457	457	1. OVERSEE AND MAINTAIN THE ADMINISTRATION O F THE 3
458	458	COMPACT, INCLUDING THE ORGANI ZATIONAL NEEDS , THE FINANCIAL ACTIVI TIES, 4
459	459	THE HIRING OF PERSON NEL AND ONGOING ACTI VITIES OR NEEDS OF THE 5
460	460	COMMISSION; 6
461	461
462	462	2. PROMULGATE BYLAWS AND RULES TO O PERATE THE COMPACT 7
463	463	AND THE COMMISSION; 8
464	464
465	465	3. ESTABLISH A BUDGET AN D MAKE EXPENDITURES ; 9
466	466
467	467	4. HAVE AN ANNUAL FINANC IAL AUDIT PERFORMED BY AN 10
468	468	INDEPENDENT CERTIFIE D PUBLIC ACCOUNTING FIRM; 11
469	469
470	470	5. ISSUE, UPON THE REQUEST OF A MEMBER STATE DENTAL 12
471	471	BOARD, ADVISORY OPINIONS CO NCERNING THE MEANING OR INTERPRETATION OF 13
472	472	THE COMPACT AND ITS BYLAWS, RULES, AND ACTIONS; 14
473	473
474	474	6. ENFORCE COMPLIANCE WI TH COMPACT PROVISIONS , THE RULES 15
475	475	PROMULGATED BY THE COMMISSION, AND THE BYLAWS, USING ALL NECESSARY 16
476	476	AND PROPER MEANS , INCLUDING BUT NOT LI MITED TO THE USE OF JUDICIAL 17
477	477	PROCESS; 18
478	478
479	479	7. HOLD AN ANNUAL MEETING FOR THE COMMISSION WHERE THE 19
480	480	ELECTIONS OF THE EXECUTIVE COMMITTEE AND OTHER I SSUES MAY BE DISCUSS ED 20
481	481	AND VOTED ON ; 21
482	482
483	483	8. ESTABLISH PERSONNEL P OLICIES AND PROGRAMS RELATING TO 22
484	484	CONFLICTS OF INTERES T, AND THE RATES OF COM PENSATION AND QUALIF ICATIONS 23
485	485	OF PERSONNEL ; 24
486	486
487	487	9. ACCEPT DONATIONS AND GRANTS OF MONEY , EQUIPMENT, 25
488	488	SUPPLIES, MATERIALS AND SERVIC ES, AND TO RECEIVE , UTILIZE AND DISPOSE OF 26
489	489	THEM IN A MANNER CON SISTENT WITH THE CON FLICT–OF–INTEREST POLICIES 27
490	490	ESTABLISHED BY THE COMMISSION; 28
491	491
492	492	10. REPORT ANNUALLY TO TH E LEGISLATURES AND G OVERNORS OF 29
493	493	THE MEMBER STATE DENTAL BOARDS CONCERNING THE ACTIVITIES OF THE 30
494	494	COMMISSION DURING T HE PRECEDING CALENDA R YEAR. SUCH REPORTS SHALL 31
495	495	ALSO INCLUDE REPORTS OF ANNUAL FINANCIAL AUDITS, ALL ACTIONS OF THE 32 12 SENATE BILL 538
496	496
497	497
498	498	COMMISSION, RULES ADOPTED BY THE COMMISSION, AND ANY RECOMMENDATI ONS 1
499	499	BY THE COMMISSION; AND 2
500	500
501	501	11. COORDINATE EDUCATION , TRAINING AND PUBLIC AWARENESS 3
502	502	REGARDING THE COMPACT, ITS IMPLEMENTATION , AND ITS OPERATION . 4
503	503
504	504	(B) THE EXECUTIVE COMMITTEE SHALL HAVE THE POWER TO ACT ON 5
505	505	BEHALF OF THE COMMISSION, WITH THE EXCEPTION O F RULEMAKING , DURING 6
506	506	PERIODS WHEN THE COMMISSION IS NOT IN SESSION. WHEN ACTING ON BEHALF OF 7
507	507	THE COMMISSION, THE EXECUTIVE COMMITTEE SHALL OVERS EE THE 8
508	508	ADMINISTRATION OF TH E COMPACT, INCLUDING ENFORCEMEN T OF AND 9
509	509	COMPLIANCE WITH THE COMPACT. 10
510	510
511	511	(C) THE OFFICERS AND EMPL OYEES OF THE COMMISSION SHALL BE 11
512	512	IMMUNE FROM SUIT AND LIABILITY, EITHER PERSONALLY OR IN THEIR OFFICIAL 12
513	513	CAPACITY, FOR A CLAIM FOR DAMA GE TO OR LOSS OF PRO PERTY OR PERSONAL 13
514	514	INJURY OR OTHER CIVI L LIABILITY CAUSED O R ARISING OUT OF , OR RELATING TO , 14
515	515	AN ACTUAL OR ALLEGED ACT, ERROR OR OMISSION TH AT OCCURRED , OR THAT SUCH 15
516	516	PERSON HAD A REASONABLE BASIS FOR BELIEVING OCCURRED, WITHIN THE SCOPE 16
517	517	OF COMMISSION EMPLOYMENT , DUTIES OR RESPONSIBI LITIES; PROVIDED, THAT 17
518	518	SUCH PERSON SHALL NO T BE PROTECTED FROM SUIT OR LIABILITY FO R DAMAGE, 18
519	519	LOSS, INJURY OR LIABILITY CAUSED BY THE INTENT IONAL OR WILLFUL AND 19
520	520	WANTON MISCONDUCT OF SUCH PERSON . 20
521	521
522	522	(D) THE LIABILITY OF THE EXECUTIVE DIRECTOR A ND EMPLOYEES OF THE 21
523	523	COMMISSION OR REPRESE NTATIVES OF THE COMMISSION, ACTING WITHIN THE 22
524	524	SCOPE OF SUCH PERSON ’S EMPLOYMENT OR DUTI ES FOR ACTS , ERRORS OR 23
525	525	OMISSIONS OCCURRING WITHIN SUCH PERSON ’S STATE MAY NOT EXCE ED THE 24
526	526	LIMITS OF LIABILITY SET FORTH UNDER THE CONSTITUTION AND LAW S OF THAT 25
527	527	STATE FOR STATE OFFI CIALS, EMPLOYEES AND AGENTS . THE COMMISSION SHALL 26
528	528	BE CONSIDERED TO BE AN INSTRUMENTALITY O F THE STATES FOR THE PURPOSES 27
529	529	OF ANY SUCH ACTION . NOTHING IN THIS SUBSE CTION SHALL BE CONST RUED TO 28
530	530	PROTECT SUCH PERSON FROM SUIT OR LIABILI TY FOR DAMAGE , LOSS, INJURY OR 29
531	531	LIABILITY CAUSED BY THE INTENTIONAL OR W ILLFUL AND WANTON MI SCONDUCT 30
532	532	OF SUCH PERSON . 31
533	533
534	534	(E) THE COMMISSION SHALL DEFEND THE COMMISSION’S EXECUTIVE 32
535	535	DIRECTOR, ITS EMPLOYEES , AND, SUBJECT TO THE APPRO VAL OF THE ATTORNEY 33
536	536	GENERAL OR OTHER APP ROPRIATE LEGAL COUNS EL OF THE MEMBER STATE 34
537	537	REPRESENTED BY A COMMISSION REPRESENTA TIVE, SHALL DEFEND SUCH 35
538	538	COMMISSION REPRES ENTATIVE IN ANY CIVI L ACTION SEEKING TO IMPOSE 36
539	539	LIABILITY ARISING OU T OF AN ACTUAL OR AL LEGED ACT, ERROR OR OMISSION TH AT 37
540	540	OCCURRED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT , DUTIES OR 38 SENATE BILL 538 13
541	541
542	542
543	543	RESPONSIBILITIES , OR THAT THE DEFENDAN T HAD A REASONABLE B ASIS FOR 1
544	544	BELIEVING OCCURRED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT , DUTIES 2
545	545	OR RESPONSIBILITIES , PROVIDED THAT THE AC TUAL OR ALLEGED ACT , ERROR OR 3
546	546	OMISSION DID NOT RES ULT FROM INTENTIONAL OR WILLFUL AND WANTO N 4
547	547	MISCONDUCT ON THE PA RT OF SUCH PERSON . 5
548	548
549	549	(F) TO THE EXTENT NOT COVERED BY THE S TATE INVOLVED , MEMBER 6
550	550	STATE, OR THE COMMISSION, THE REPRESENTATIVES OR EMPLOYEES OF THE 7
551	551	COMMISSION SHALL BE H ELD HARMLESS BY THE COMMISSION IN THE AMO UNT OF 8
552	552	A SETTLEMENT OR JUDG MENT, INCLUDING ATTORNEY F EES AND COSTS, OBTAINED 9
553	553	AGAINST SUCH PERSONS ARISING OUT OF AN ACTUAL OR ALLEGED ACT, ERROR OR 10
554	554	OMISSION THAT OCCURR ED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT , 11
555	555	DUTIES OR RESPONSIBI LITIES, OR THAT SUCH PERSONS HAD A REASONABLE BAS IS 12
556	556	FOR BELIEVING OCCURR ED WITHIN THE SCOPE OF COMMISSION EM PLOYMENT, 13
557	557	DUTIES OR RESPONSIBI LITIES, PROVIDED THAT THE AC TUAL OR ALLEGED ACT , 14
558	558	ERROR OR OMISSION DI D NOT RESULT FROM IN TENTIONAL OR WILLFUL AND 15
559	559	WANTON MISCONDUCT ON THE PART OF SUCH PER SONS. 16
560	560
561	561	SECTION 6. APPLICATION, ELIGIBILITY, AND ISSUANCE OF COMPACT LICENSE 17
562	562	PRIVILEGE TO A MEMBER STATE 18
563	563
564	564	(A) A DENTIST OR DENTAL HY GIENIST APPLYING FOR COMPACT LICENSE 19
565	565	PRIVILEGES SHALL MEET THE REQUIREMENTS OF A DENTIST AS LISTED IN SECTION 20
566	566	(2)(R) OF THIS COMPACT OR A DENTAL HYGIENIST AS LISTED I N SECTION (2)(P) OF 21
567	567	THIS COMPACT AND HOLD A CURR ENT LICENSE IN A MEMBER STATE UNDER THIS 22
568	568	COMPACT. 23
569	569
570	570	(B) EACH DENTIST OR DENTAL HYGIENIST SHALL DESIG NATE A HOME 24
571	571	STATE OF LICENSURE . THE HOME STATE SHALL BE DETERM INED BY: 25
572	572
573	573	(1) THE STATE OF PRIMARY RESIDENCE FOR THE DENTIST OR 26
574	574	DENTAL HYGIENIST, WHERE 25% OF THEIR PRACTICE WI THIN ONE YEAR OCCURS . 27
575	575	AN ACTIVE–DUTY MILITARY MEMBER OR THEIR SPOUSE MAY CHOOSE A HOME 28
576	576	STATE AS DESIGNATED W ITH THE MILITARY BUT ARE NOT REQUIRED TO MEET THE 29
577	577	REQUIREMENT OF 25% PRACTICE BEING WITHI N THEIR HOME STATE; OR 30
578	578
579	579	(2) IF NO STATE QUALIFIES UNDER SECTION 6(B)(1), THEN THE 31
580	580	STATE THAT THE DENTIST OR DENTAL HYGIENIST LISTED AS T HEIR STATE OF 32
581	581	RESIDENCE ON THE PRE VIOUS YEAR’S FEDERAL TAX RETURN . 33
582	582
583	583	(C) A DENTIST OR DENTAL HYGIENIST MAY REDESIG NATE A HOME STATE 34
584	584	NO MORE THAN ONE TIME I N A CALENDAR YEAR IF THE QUALIFICATIONS O F A HOME 35
585	585	STATE ARE MET. 36 14 SENATE BILL 538
586	586
587	587
588	588
589	589	(D) A DENTIST OR DENTAL HYGIENIST SEEKING A COMPACT LICENSE 1
590	590	PRIVILEGE (THE “APPLICANT”) SHALL APPLY TO THEIR HOME STATE DENTAL 2
591	591	BOARD FOR A LETTER ST ATING THAT THE APPLICANT IS ELIGIBLE FOR COMPACT 3
592	592	LICENSE PRIVILEGES. 4
593	593
594	594	(E) THE HOME STATE DENTAL BOARD SHALL DETERMINE THE ELIGIBILITY 5
595	595	OF AN APPLICATION FO R A COMPACT LICENSE PRIVILEGE AND SHALL I SSUE A 6
596	596	LETTER OF APPROVAL O R DENIAL OF THE APPL ICATION FOR A COMPACT LICENSE 7
597	597	PRIVILEGE. 8
598	598
599	599	(F) THE LETTER FROM THE APPLICANT’S HOME STATE DENTAL BOARD 9
600	600	APPROVING THE APPLIC ATION SHALL BE SUBMI TTED TO THE MEMBER STATE 10
601	601	DENTAL BOARD FOR THE MEMBER STATE IN WHICH THE APPLICANT PROPOSES TO 11
602	602	PRACTICE, AND SHALL INCLUDE : (I) THE COMPACT APPLICA TION PACKET ; (II) 12
603	603	AUTHORIZATION TO SEE K ACCESS TO THE APPLICANT’S REPOSITORY DOCUMENTS ; 13
604	604	(III) ANY ADDITIONAL INFOR MATION THAT MAY BE R EQUIRED BY THE PROPO SED 14
605	605	COMPACT LICENSE PRIVILEGE STATE; AND (IV) ANY REQUIRED FEES . THE MEMBER 15
606	606	STATE DENTAL BOARD SHALL R EVIEW THE APPLICATIO N TO CONFIRM 16
607	607	COMPLIANCE WITH THE MEMBER STATE’S LAWS AND REGULATIO NS. FOLLOWING 17
608	608	SUCH REVIEW , IF THE MEMBER STATE DENTAL BOARD APPROVES THE 18
609	609	APPLICATION, IT SHALL ISSUE A COMPACT LICENSE PRIVILEGE FROM THE 19
610	610	PROPOSED MEMBER STATE TO THE APPLICANT. 20
611	611
612	612	(G) APPEALS OF A DENIAL O F A COMPACT LICENSE PRIVILEGE 21
613	613	APPLICATION SHALL BE FILED WITH THE MEMBER STATE DENTAL BOARD MAKING 22
614	614	SUCH DETERMINATION , AND SHALL BE FILED W ITHIN THIRTY (30) DAYS OF THE 23
615	615	DATE OF THE DENIAL . 24
616	616
617	617	(H) A LICENSEE HOLDING A COMPACT LICENSE PRIVILEGE SHALL NOTIF Y 25
618	618	THE COMMISSION WITHIN TEN (10) BUSINESS DAYS OF ANY ADVERSE ACTION 26
619	619	TAKEN AGAINST A LICENSE HELD IN A STA TE THAT IS NOT A MEMBER STATE. 27
620	620
621	621	(I) A COMPACT LICENSE PRIVILEGE MAY BE REVO KED, SUSPENDED OR 28
622	622	LIMITED BY THE ISSUI NG MEMBER STATE DENTAL BOARD IF AT ANY TIME THE 29
623	623	LICENSEE’S HOME STATE LICENSE IS REVO KED, SUSPENDED OR LIMITED . 30
624	624
625	625	(J) THE COMMISSION SHALL ISSU E RULES ON THE DURAT ION OF A 31
626	626	COMPACT LICENSE PRIVILEGE, THE APPLICATION AND RENEWAL PROCESS FOR A 32
627	627	COMPACT LICENSE PRIVILEGE, AND ANY APPLICATION FEES. 33
628	628	SENATE BILL 538 15
629	629
630	630
631	631	(K) ELIGIBILITY OR INELIG IBILITY TO RECEIVE A COMPACT LICENSE 1
632	632	PRIVILEGE SHALL NOT L IMIT THE ABILITY OF A LICENSEE TO SEEK A ST ATE 2
633	633	LICENSE THROUGH THE REGULAR PROCESS OUTS IDE OF THE COMPACT. 3
634	634
635	635	SECTION 7. JURISDICTION OVER COMPACT LICENSE PRIVILEGE HOLDERS 4
636	636
637	637	(A) EACH LICENSEE HOLDING A COMPACT LICENSE PRIVILEGE SHALL BE 5
638	638	SUBJECT TO AND COMPL Y WITH THE LAWS AND REGULATIONS OF THE MEMBER 6
639	639	STATE IN WHICH SUCH LICENSEE PRACTICES UN DER A COMPACT LICENSE 7
640	640	PRIVILEGE. 8
641	641
642	642	(B) EACH LICENSEE HOLDING A COMPACT LICENSE PRIVILEGE SHALL BE 9
643	643	SUBJECT TO THE JURIS DICTION AND AUTHORIT Y OF THE MEMBER STATE DENTAL 10
644	644	BOARD OF THE STATE IN WHICH SUCH LICENSEE PRACTICES , AS IF THEY HELD A 11
645	645	LICENSE ISSUED FROM SUCH MEMBER STATE DENTAL BOARD. SUCH COMPACT 12
646	646	LICENSE PRIVILEGE HOLDER SHAL L BE DEEMED A “LICENSEE” OF THE MEMBER 13
647	647	STATE DENTAL BOARD FOR PURPOSES OF SUCH BOARD TAKING AN ADVERSE 14
648	648	ACTION. 15
649	649
650	650	(C) EACH LICENSEE HOLDING A COMPACT LICENSE PRIVILEGE SHALL LIST 16
651	651	A CURRENT ADDRESS WI TH THE COMMISSION THAT SHALL SERVE AS THEIR 17
652	652	OFFICIAL ADDRESS OF SERVICE. 18
653	653
654	654	(D) A LICENSEE HOLDING A COMPACT LICENSE PRIVILEGE MAY HAVE AN 19
655	655	ADVERSE ACTION TAKEN AGAINST THEM BY: 20
656	656
657	657	(1) THE MEMBER STATE DENTAL BOARD OF THE MEMBER STATE IN 21
658	658	WHICH THEY ARE PRACT ICING WITH A COMPACT LICENSE PRIVILEGE; 22
659	659
660	660	(2) THE LICENSEE’S HOME STATE; OR 23
661	661
662	662	(3) THE STATE LICENSING AUTHORITY OF A STATE THAT IS NOT A 24
663	663	MEMBER STATE FROM WHICH THE LICENSEE HOLDS A LICENSE. 25
664	664
665	665	(E) A HOME STATE MAY TAKE AN ADVERSE ACTION AGAINST THE HO LDER 26
666	666	OF A COMPACT LICENSE PRIVILEGE, REGARDLESS OF WHERE THE ACTIONS GIVING 27
667	667	RISE TO THE ADVERSE ACTION OCCURRED . 28
668	668
669	669	(F) ANY MEMBER STATE IN WHICH THE COMPACT LICENSEE HOLDS A 29
670	670	COMPACT LICENSE PRIVILEGE MAY INVESTI GATE AN ALLEGATION O F A VIOLATION 30
671	671	OF THE LAWS AND RULE S OF THE PRACTICE OF DENTISTRY OR DENTAL HYGIENE IN 31
672	672	ANY OTHER STATE WHER E THE COMPACT LICENSEE HOLDS A COMPACT LICENSE 32
673	673	PRIVILEGE. 33 16 SENATE BILL 538
674	674
675	675
676	676
677	677	SECTION 8. FEES AND MILITARY WAIVER 1
678	678
679	679	(A) THE COMMISSION SHALL ISSU E RULES REGARDING TH E USE OF THE 2
680	680	REPOSITORY BY EACH HO LDER OF A COMPACT LICENSE PRIVILEGE. 3
681	681
682	682	(B) A MEMBER STATE DENTAL BOARD ISSUING A COMPACT LICENSE 4
683	683	PRIVILEGE AUTHORIZING PRACTICE IN ITS STAT E MAY IMPOSE A FEE F OR A 5
684	684	COMPACT LICENSE PRIVILEGE, FOR EITHER INITIAL I SSUANCE OR ANY RENEW AL. 6
685	685
686	686	(C) NO COMPACT FEE SHALL BE REQUIRED OF ANY ACTIVE–DUTY MILITARY 7
687	687	MEMBER AND /OR THEIR SPOUSE UP T O ONE (1) YEAR AFTER SEPARATIO N FROM THE 8
688	688	SERVICE. EACH MEMBER STATE ISSUING A COMPACT LICENSE PRIVILEGE MAY 9
689	689	WAIVE FEES FOR ACTIV E–DUTY MILITARY AND /OR THEIR SPOUSE AS R EQUIRED BY 10
690	690	EACH INDIVIDUAL STAT E STATUTE. 11
691	691
692	692	(D) ACTIVE–DUTY MILITARY MAY TR ANSFER MILITARY TRAI NING RECORDS 12
693	693	TO THE REPOSITORY WITHOUT A FEE. 13
694	694
695	695	SECTION 9. JOINT INVESTIGATIONS AND DISCIPLINARY ACTIONS 14
696	696
697	697	(A) EACH MEMBER STATE SHALL NAME A PO INT OF CONTACT FOR J OINT 15
698	698	INVESTIGATIONS BETWE EN MEMBER STATE DENTAL BOARDS. 16
699	699
700	700	(B) MEMBER STATE DENTAL BOARDS MAY PARTICIPAT E WITH OTHER 17
701	701	MEMBER STATE DENTAL BOARDS IN JOINT INVES TIGATIONS OF LICENSEES THAT 18
702	702	ARE SUBJECT TO THIS COMPACT. 19
703	703
704	704	(C) MEMBER STATE DENTAL BOARDS MAY SHARE INVE STIGATIVE, 20
705	705	LITIGATION OR OTHER MATERIALS IN F URTHERANCE OF ANY JO INT OR INDIVIDUAL 21
706	706	INVESTIGATION OF A COMPACT LICENSE PRIVILEGE HOLDER . 22
707	707
708	708	(D) A SUBPOENA ISSUED BY A MEMBER STATE OR MEMBER STATE DENTAL 23
709	709	BOARD SHALL BE ENFORC EABLE IN OTHER MEMBER STATES AS ALLOWED BY LAW. 24
710	710
711	711	(E) IF A COMPACT LICENSE PRIVILEGE HOLDER HAS AN ADVERSE ACTION 25
712	712	TAKEN AGAINST THEM B Y ANY MEMBER STATE DENTAL BOARD, THE COMPACT 26
713	713	LICENSE PRIVILEGE HOLDER SHAL L AUTOMATICALLY BE S UBJECT TO SIMILAR 27
714	714	DISCIPLINE BY OTHER MEMBER STATE DENTAL BOARDS. 28
715	715
716	716	(F) IF A COMPACT LICENSE PRIVILEGE HOLDER HAS AN ADVERSE ACTION 29
717	717	TAKEN AGAINST THEIR HOME STATE LICENSE , INCLUDING BEING REVO KED, 30
718	718	SURRENDERED , OR RELINQUISHED IN L IEU OF DISCIPLINE OR SUSPENDED, THEN 31 SENATE BILL 538 17
719	719
720	720
721	721	AUTOMATICALLY ALL OT HER COMPACT LICENSE PRIVILEGES SHALL BE P LACED IN 1
722	722	THE SAME STATUS . THE HOME STATE DENTAL BOARD SHALL NOTIFY TH E 2
723	723	COMMISSION AND THE COMMISSION SHALL ISSU E A NOTICE TO ALL MEMBER STATE 3
724	724	DENTAL BOARDS OF SUCH ADVERSE ACTION. 4
725	725
726	726	(G) IF DISCIPLINE OR AN ADVERSE ACTION IS TAKEN AGAIN ST A COMPACT 5
727	727	LICENSE PRIVILEGE HO LDER IN A MEMBER STATE, THE MEMBER STATE DENTAL 6
728	728	BOARD SHALL NOTIFY TH E COMMISSION AND THE HOME STATE OF THE COMPACT 7
729	729	LICENSE PRIVILEGE HOLDER . THE HOME STATE MAY DEEM THE AC TION 8
730	730	CONCLUSIVE AS A MATT ER OF LAW AND FACT A ND MAY: 9
731	731
732	732	(1) IMPOSE THE SAME OR LE SSER SANCTION CONSISTE NT WITH THE 10
733	733	HOME STATE’S LAWS; OR 11
734	734
735	735	(2) PURSUE SEPARATE ACTIO NS AGAINST THE COMPACT LICENSE 12
736	736	PRIVILEGE HOLDER UNDE R ITS LAWS, REGARDLESS OF THE SA NCTIONS PURSUED 13
737	737	BY THE MEMBER STATE DENTAL BOARD. 14
738	738
739	739	SECTION 10. OTHER REQUESTS FOR INFORMATION FROM THE REPOSITORY AND 15
740	740	THE CLEARINGHOUSE 16
741	741
742	742	(A) INSURANCE COMPANIES A ND ENTITIES VERIFYIN G DOCUMENTS FOR 17
743	743	THE PURPOSE OF LICEN SES EXTENDED TO A DENTIST OR DENTAL HYGIENIST MAY 18
744	744	SEEK INFORMATION FRO M THE CLEARINGHOUSE FOR PUB LIC RECORD 19
745	745	DOCUMENTS . 20
746	746
747	747	(B) A DENTIST OR DENTAL HYGIENIST MAY SUBMIT A REQUEST TO THE 21
748	748	COMMISSION TO ALLOW A NY HIRING EMPLOYER , ENTITY, OR INSURANCE COMPANY 22
749	749	TO ACCESS DOCUMENTS FROM THE REPOSITORY FOR THE PU RPOSES OF 23
750	750	CREDENTIALING , LICENSING OR OTHER P RIVILEGES. 24
751	751
752	752	(C) THE COMMISSION SH ALL SET A FEE SCHEDU LE FOR THESE SERVICE S. 25
753	753
754	754	SECTION 11. RULEMAKING FUNCTIONS OF THE COMMISSION 26
755	755
756	756	(A) THE COMMISSION SHALL PROM ULGATE REASONABLE RU LES IN ORDER 27
757	757	TO EFFECTIVELY AND E FFICIENTLY IMPLEMENT AND ACHIEVE THE PURP OSES AND 28
758	758	ADMINISTRATION OF TH E COMPACT. NOTWITHSTANDING THE F OREGOING, IN THE 29
759	759	EVENT THE COMMISSION EXERCISES ITS RULEMAKING AUTHO RITY IN A MANNER 30
760	760	THAT IS BEYOND THE S COPE OF THE PURPOSES OF THE COMPACT OR THE POWERS 31
761	761	GRANTED HEREUNDER , THEN SUCH AN ACTION BY THE COMMISSION MAY BE 32
762	762	DETERMINED TO BE INVALID AN D HAVE NO FORCE OR E FFECT. 33
763	763	18 SENATE BILL 538
764	764
765	765
766	766	(B) RULES VALIDLY ISSUED BY THE COMMISSION SHALL HAVE THE FORCE 1
767	767	OF LAW IN EACH MEMBER STATE. 2
768	768
769	769	(C) RULES DEEMED APPROPRI ATE FOR THE OPERATIO NS OF THE 3
770	770	COMMISSION SHALL BE M ADE PURSUANT TO A RU LEMAKING PROCES S THAT 4
771	771	SUBSTANTIALLY CONFOR MS TO THE MODEL STATE ADMINISTRATIVE PROCEDURE 5
772	772	ACT OF 2010, AND SUBSEQUENT AMEND MENTS THERETO . 6
773	773
774	774	SECTION 12. OVERSIGHT OF THE COMPACT 7
775	775
776	776	(A) THE EXECUTIVE , LEGISLATIVE, AND JUDICIAL BRANCHE S OF STATE 8
777	777	GOVERNMENT IN EACH MEMBER STATE SHALL ENFORCE THE COMPACT AND SHALL 9
778	778	TAKE ALL ACTIONS NEC ESSARY AND APPROPRIA TE TO EFFECTUATE THE 10
779	779	COMPACT’S PURPOSES AND INTEN T TO ALLOW FOR EXPED ITED LICENSURE FOR T HE 11
780	780	PURPOSE OF MOBILITY . THE PROVISIONS OF THE COMPACT AND THE RULES 12
781	781	PROMULGATED HEREUNDE R SHALL HAVE STANDING AS STATUTORY LAW BUT SHALL 13
782	782	NOT OVERRIDE EXISTIN G STATE AUTHORITY TO REGULATE THE PRACTIC E OF 14
783	783	DENTISTRY AND DENTAL HYGIENE. 15
784	784
785	785	(B) ALL COURTS MAY TAKE J UDICIAL NOTICE OF TH E COMPACT AND THE 16
786	786	RULES IN ANY JUDICIA L OR ADMINISTRATIVE PROCEED ING IN A MEMBER STATE 17
787	787	PERTAINING TO THE SU BJECT MATTER OF THE COMPACT WHICH MAY AFF ECT THE 18
788	788	POWERS, RESPONSIBILITIES OR ACTIONS OF THE COMMISSION. 19
789	789
790	790	(C) THE COMMISSION SHALL BE E NTITLED TO RECEIVE A LL SERVICE OF 20
791	791	PROCESS IN ANY SUCH PROCEEDING AND SHALL HAVE STANDING TO INTERVEN E IN 21
792	792	THE PROCEEDING FOR A LL PURPOSES . EXCEPT WHERE THE COMMISSION HAS 22
793	793	INTERVENED , FAILURE TO PROVIDE S ERVICE OF PROCESS TO THE COMMISSION 23
794	794	SHALL RENDER A JUDGM ENT OR ORDER VOID AS TO THE COMMISSION, THE 24
795	795	COMPACT OR PROMULGATE D RULES. 25
796	796
797	797	SECTION 13. ENFORCEMENT AND DEFAULT PROCEDURES 26
798	798
799	799	(A) THE COMMISSION, IN THE REASONABLE EX ERCISE OF ITS DISCRE TION, 27
800	800	SHALL ENFORCE THE PR OVISIONS AND RULES O F THE COMPACT. 28
801	801
802	802	(B) THE GROUNDS FOR DEFAU LT UNDER THIS COMPACT BY A MEMBER 29
803	803	STATE INCLUDE , BUT ARE NO T LIMITED TO, FAILURE OF A MEMBER STATE TO 30
804	804	PERFORM SUCH OBLIGAT IONS OR RESPONSIBILI TIES IMPOSED UPON IT BY THE 31
805	805	COMPACT OR BY THE RUL ES AND BYLAWS OF THE COMMISSION PROMULGATE D 32
806	806	UNDER THE COMPACT. 33
807	807	SENATE BILL 538 19
808	808
809	809
810	810	(C) IF THE COMMISSION DETERMINES THAT A MEMBER STATE HAS 1
811	811	DEFAULTED IN THE PERF ORMANCE OF ITS OBLIG ATIONS OR RESPONSIBI LITIES 2
812	812	UNDER THE COMPACT, OR THE BYLAWS OR PROMULGATED RULES, THE 3
813	813	COMMISSION SHALL : 4
814	814
815	815	(1) PROVIDE WRITTEN NOTI CE TO THE DEFAULTING STATE AND 5
816	816	OTHER MEMBER STATES OF THE NATURE OF THE DEFAULT , THE MEANS OF CURING 6
817	817	THE DEFAULT AND ANY ACTION TAKEN BY THE COMMISSION. THE COMMISSION 7
818	818	SHALL SPECIFY THE CO NDITIONS BY WHICH TH E DEFAULTING STATE M UST CURE 8
819	819	ITS DEFAULT; AND 9
820	820
821	821	(2) PROVIDE REMEDIAL TRA INING AND SPECIFIC T ECHNICAL 10
822	822	ASSISTANCE REGARDING THE DEFAUL T. 11
823	823
824	824	(D) IF THE DEFAULTING STA TE FAILS TO CURE THE DEFAULT, THE 12
825	825	DEFAULTING STATE SHA LL BE TERMINATED FRO M THE COMPACT UPON AN 13
826	826	AFFIRMATIVE VOTE OF A MAJORITY OF THE COMMISSIONERS AND ALL RIGHTS, 14
827	827	PRIVILEGES AND BENEF ITS CONFERRED BY THE COMPACT SHALL TERMINATE ON 15
828	828	THE EFFECTIVE DATE O F TERMINATION . A CURE OF THE DEFAULT DOES NOT 16
829	829	RELIEVE THE OFFENDIN G STATE OF OBLIGATIO NS OR LIABILITIES IN CURRED 17
830	830	DURING THE PERIOD OF THE DEFAULT . 18
831	831
832	832	(E) TERMINATION OF MEMBER SHIP IN THE COMPACT SHALL BE IMPO SED 19
833	833	ONLY AFTER A LL OTHER MEANS OF SE CURING COMPLIANCE HA VE BEEN 20
834	834	EXHAUSTED. NOTICE OF INTENT TO T ERMINATE SHALL BE GI VEN BY THE 21
835	835	COMMISSION TO THE GOVERNOR, THE MAJORITY AND MIN ORITY LEADERS OF THE 22
836	836	DEFAULTING STATE ’S LEGISLATURE AND EA CH OF THE MEMBER STATES. 23
837	837
838	838	(F) THE COMMISSION SHALL ESTABL ISH RULES AND PROCED URES TO 24
839	839	ADDRESS LICENSES AND COMPACT LICENSE PRIVILEGE HOLDERS THA T ARE 25
840	840	MATERIALLY IMPACTED BY THE TERMINATION O F A MEMBER STATE OR THE 26
841	841	WITHDRAWAL OF A MEMBER STATE. 27
842	842
843	843	(G) THE COMMISSION SHALL NOT BEAR ANY COSTS REL ATING TO ANY 28
844	844	STATE THAT HAS BEEN FOUND TO BE IN DEFAU LT OR WHICH HAS BEEN TERMINATED 29
845	845	FROM THE COMPACT, UNLESS OTHERWISE MUT UALLY AGREED UPON IN WRITING 30
846	846	BETWEEN THE COMMISSION AND THE DE FAULTING STATE . 31
847	847
848	848	(H) THE DEFAULTING STATE MAY APPEAL THE ACTIO N OF THE COMMISSION 32
849	849	BY PETITIONING THE S TATE COURT WHERE THE COMMISSION HAS ITS PR INCIPAL 33
850	850	OFFICES. THE PREVAILING PARTY SHALL BE AWARDED ALL COSTS OF SUCH 34
851	851	LITIGATION, INCLUDING REASONABLE ATTORNEYS’ FEES. 35
852	852	20 SENATE BILL 538
853	853
854	854
855	855	(I) THE COMMISSION SHALL NOT BEAR ANY COSTS RELAT ING TO ANY 1
856	856	STATE THAT HAS BEEN FOUND TO BE IN DEFAU LT OR WHICH HAS BEEN TERMINATED 2
857	857	FROM THE COMPACT, UNLESS OTHERWISE MUT UALLY AGREED UPON IN WRITING 3
858	858	BETWEEN THE COMMISSION AND THE DE FAULTING STATE . 4
859	859
860	860	(J) THE REMEDIES HEREIN S HALL NOT BE THE EXCL USIVE REMEDIES OF 5
861	861	THE COMMISSION. THE COMMISSION MAY AVAIL ITSELF OF ANY OTHER REMEDIES 6
862	862	AVAILABLE UNDER STAT E LAW OR THE REGULAT ION OF A PROFESSION . 7
863	863
864	864	SECTION 14. DISPUTE RESOLUTION 8
865	865
866	866	(A) THE COMMISSION SHALL ATTE MPT, UPON THE REQUEST OF A MEMBER 9
867	867	STATE DENTAL BOARD, TO RESOLVE DISPUTES WHICH ARE SUBJECT TO THE 10
868	868	COMPACT AND WHICH MAY ARISE AMONG MEMBER STATE DENTAL BOARDS. 11
869	869
870	870	(B) THE COMMISSION SHALL PROM ULGATE RULES PROVIDI NG FOR BOTH 12
871	871	MEDIATION AND VOLUNT ARY BINDING DISPUTE RESOLUTION, AS APPROPRIATE . 13
872	872
873	873	SECTION 15. MEMBER STATES, EFFECTIVE DATE, AND AMENDMENTS 14
874	874
875	875	(A) ANY STATE IS ELIGIBLE TO BECOME A MEMBER STATE OF THE 15
876	876	COMPACT. 16
877	877
878	878	(B) THE COMPACT SHALL BECOME EFFECTIVE AND BINDIN G UPON 17
879	879	LEGISLATIVE ENACTMEN T OF THE COMPACT INTO LAW BY N O LESS THAN FIVE (5) 18
880	880	STATES. THEREAFTER, IT SHALL BECOME EFFEC TIVE AND BINDING ON A STATE 19
881	881	UPON ENACTMENT OF TH E COMPACT INTO LAW BY T HAT STATE. 20
882	882
883	883	(C) THE GOVERNORS OF NON –MEMBER STATES , OR THEIR DESIGNEES , 21
884	884	SHALL BE INVITED TO PARTICIPATE IN THE A CTIVITIES OF THE COMMISSION ON A 22
885	885	NONVOTING BASIS PRIO R TO ADOPTION OF THE COMPACT BY ALL STATES . 23
886	886
887	887	(D) THE COMMISSION MAY PROPOS E AMENDMENTS TO THE COMPACT FOR 24
888	888	ENACTMENT BY THE MEMBER STATES. NO AMENDMENT SHALL BE COME EFFECTIVE 25
889	889	AND BINDING UPON THE COMMISSION AND THE MEMBER STATES UNLESS AND 26
890	890	UNTIL IT IS ENACTED INTO LAW BY UNANIMOU S CONSENT OF THE MEMBER STATES. 27
891	891
892	892	SECTION 16. WITHDRAWAL 28
893	893
894	894	(A) ONCE EFFECTIVE , THE COMPACT SHALL CONTINU E IN FORCE AND 29
895	895	REMAIN BINDING UPON EACH AND EVERY MEMBER STATE; PROVIDED, HOWEVER, 30
896	896	THAT A MEMBER STATE MAY WITHDRAW FR OM THE COMPACT AFTER GIVING 31 SENATE BILL 538 21
897	897
898	898
899	899	APPROPRIATE NOTICE B Y SPECIFICALLY REPEA LING THE STATUTE WHI CH ENACTED 1
900	900	THE COMPACT INTO L AW. 2
901	901
902	902	(B) THE LICENSEE’S COMPACT LICENSE PRIVILEGE SHALL REMAI N IN 3
903	903	EFFECT FOR SIX (6) MONTHS FROM THE DATE OF THE MEMBER STATE DENTAL 4
904	904	BOARD WITHDRAWAL . 5
905	905
906	906	(C) THE WITHDRAWING STATE SHALL IMMEDIATELY NO TIFY THE 6
907	907	CHAIRPERSON OF THE COMMISSION IN WRITING UPON THE INTRODUCTION OF 7
908	908	LEGISLATION REPEALIN G THE COMPACT BY THE WITHDR AWING STATE, AND UPON 8
909	909	THE ENACTMENT OF SUC H LEGISLATION. 9
910	910
911	911	(D) THE COMMISSION SHALL NOTI FY THE OTHER MEMBER STATES WITHIN 10
912	912	SIXTY (60) DAYS OF ITS RECEIPT OF NOTICE PROVIDED U NDER SECTION 16(C) OF 11
913	913	THIS SECTION. 12
914	914
915	915	(E) REINSTATEMENT FOLLOWI NG WITHDRAWAL OF A MEMBER STATE 13
916	916	SHALL OCCUR UPON THE WITHDRAWING STATE RE ENACTING THE COMPACT OR 14
917	917	UPON SUCH LATER DATE AS DETERMINED BY THE COMMISSION. 15
918	918
919	919	(F) THE COMMISSION SHALL ISSU E RULES TO ADDRESS T HE IMPACT OF 16
920	920	THE WITHDRAWAL OF A MEMBER STATE ON LICENSES GRANTED BY O THER 17
921	921	MEMBER STATES TO DENTISTS AN D DENTAL HYGIENISTS WHO DESIGNATED THE 18
922	922	WITHDRAWING MEMBER STATE AS THEIR HOME STATE. 19
923	923
924	924	SECTION 17. DISSOLUTION 20
925	925
926	926	(A) THE COMPACT SHALL DISSOLV E EFFECTIVE UPON THE DATE OF THE 21
927	927	WITHDRAWAL OR DEFAUL T OF THE MEMBER STATE WHICH REDUCES T HE 22
928	928	MEMBERSHIP IN THE COMPACT TO ONE (1) MEMBER STATE. 23
929	929
930	930	(B) UPON THE DISSOLUTION OF THE COMPACT, THE COMPACT SHALL 24
931	931	BECOME NULL AND VOID AND SHALL BE OF NO FURTH ER FORCE OR EFFECT , AND 25
932	932	THE BUSINESS AND AFF AIRS OF THE COMMISSION SHALL BE C ONCLUDED AND 26
933	933	SURPLUS FUNDS SHALL BE DISTRIBUTED IN AC CORDANCE WITH THE BYLAWS. 27
934	934
935	935	SECTION 18. SEVERABILITY AND CONSTRUCTION 28
936	936
937	937	(A) THE PROVISIONS OF THE COMPACT SHALL BE SEVE RABLE, AND IF ANY 29
938	938	PHRASE, CLAUSE, SENTENCE OR PROVISIO N IS DEEMED UNENFORC EABLE, THE 30
939	939	REMAINING PROVISIONS OF THE COMPACT SHALL BE ENFO RCEABLE. 31
940	940	22 SENATE BILL 538
941	941
942	942
943	943	(B) THE PROVISIONS OF THE COMPACT SHALL BE LIBE RALLY CONSTRUED 1
944	944	TO EFFECTUATE ITS PURPOS ES. 2
945	945
946	946	SECTION 19. BINDING EFFECT OF COMPACT AND OTHER LAWS 3
947	947
948	948	(A) NOTHING HEREIN PREVEN TS THE ENFORCEMENT O F ANY OTHER LAW 4
949	949	OF A MEMBER STATE THAT IS NOT INC ONSISTENT WITH THE COMPACT. 5
950	950
951	951	(B) ALL LAWFUL ACTIONS OF THE COMMISSION, INCLUDING ALL RULES 6
952	952	AND BYLAWS PROMULGATED BY THE COMMISSION, SHALL BE BINDING UPO N THE 7
953	953	MEMBER STATES. 8
954	954
955	955	(C) ALL AGREEMENTS BETWEE N THE COMMISSION AND THE MEMBER 9
956	956	STATES SHALL BE BINDI NG IN ACCORDANCE WIT H THEIR TERMS . 10
957	957
958	958	(D) IN THE EVENT ANY PROV ISION OF THE COMPACT EXCEEDS THE 11
959	959	CONSTITUTIONAL LIMIT S IMPOSED ON THE LEG ISLATURE OF ANY MEMBER STATE, 12
960	960	SUCH PROVISION SHALL BE INEFFECTIVE TO TH E EXTENT OF THE CONF LICT WITH 13
961	961	THE CONSTITUTIONAL P ROVISION IN QUESTION IN THAT MEMBER STATE. 14
962	962
963	963	SECTION 20. RULES OF ORDER 15
964	964
965	965	THE MOS T CURRENT EDITION OF THE AMERICAN INSTITUTE OF 16
966	966	PARLIAMENTARIANS STANDARD CODE OF PARLIAMENTARY PROCEDURE SHALL 17
967	967	GOVERN ALL MEETINGS OF THE COMMISSION, INCLUDING ITS COMMIT TEES, IN 18
968	968	THOSE SITUATIONS NOT OTHERWISE COVERED IN THE BYLAWS. 19
969	969
970	970	SECTION 2. AND BE IT FURTHER ENACTED, That this Act is contingent on the 20
971	971	enacting of substantially similar legislation in four other states. The Maryland Department 21
972	972	of Health shall notify the Department of Legislative Services within 10 days after four 22
973	973	states have enacted legislation that is substantially similar to this Act. 23
974	974
975	975	SECTION 3. AND BE IT FURTHER ENACTED, That, subject to Section 2 of this 24
976	976	Act, this Act shall take effect October 1, 2025. 25
977	977