EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0538*
SENATE BILL 538
J2 5lr2601
CF HB 534
By: Senators Kramer and Hershey
Introduced and read first time: January 23, 2025
Assigned to: Finance
A BILL ENTITLED
AN ACT concerning 1
Interstate Dental and Dental Hygiene Licensure Compact 2
FOR the purpose of entering into the Interstate Dental and Dental Hygiene Licensure 3
Compact; authorizing a dentist or dental hygienist to practice in a member state; 4
establishing the Interstate Dental and Dental Hygiene Compact Licensure 5
Commission to oversee the Compact and establishing the Commission’s powers and 6
duties; and generally relating to the Interstate Dental and Dental Hygiene Licensure 7
Compact. 8
BY adding to 9
Article – Health Occupations 10
Section 4–3A–01 to be under the new subtitle “Subtitle 3A. Interstate Dental and 11
Dental Hygiene Licensure Compact” 12
Annotated Code of Maryland 13
(2021 Replacement Volume and 2024 Supplement) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – Health Occupations 17
SUBTITLE 3A. INTERSTATE DENTAL AND DENTAL HYGIENE LICENSURE 18
COMPACT. 19
4–3A–01. 20
THE INTERSTATE DENTAL AND DENTAL HYGIENE LICENSURE COMPACT IS 21
HEREBY EN ACTED INTO LAW AND T HE GOVERNOR SHALL ENTER INTO A COMPACT 22
ON BEHALF OF THE STATE OF MARYLAND WITH ANY JUR ISDICTION LEGALLY 23
JOINED THEREIN , IN THE FORM SUBSTANT IALLY AS SET FORTH I N THIS ACT. 24 2 SENATE BILL 538
SECTION 1. PURPOSE 1
THIS COMPACT SHALL BE KNOW N AS THE INTERSTATE DENTAL AND DENTAL 2
HYGIENE LICENSURE COMPACT AND THE PURPO SE OF THE COMPACT IS TO 3
EXPEDITE LICENSURE A ND INCREASE ACCESS T O DENTAL HEALTH CARE THROUGH 4
LICENSURE BOARDS ACT ING IN COOPERATION . THE COMPACT ADOPTS THE 5
EXISTING STRUCTURES MOST UTILIZED BY DENTAL BOARDS ACROSS THE UNITED 6
STATES, WHILE ENSURING THE S AFETY OF THE PUBLIC THROUGH THE SHARING OF 7
DOCUMENTS AND INFORM ATION. THIS COMPACT ENSURES THAT EACH STATE 8
RETAINS THE RIGHT TO IMPOSE AN ADVERSE AC TION ON A LICENSEE A S A HOME 9
STATE OR AS A PRACTI CING STATE. EACH STATE HAS AN OPP ORTUNITY TO SHARE 10
INVESTIGATIONS AND I NFORMATION WITH THE HOME STATE OF LICENS URE. THE 11
COMPACT IS OPERATED B Y STATE DENTAL BOARD MEMBERS, ADMINISTRATORS 12
AND OTHER STAFF , THUS ALLOWING FOR EA CH STATE TO MAINTAIN ITS 13
SOVEREIGN TY. 14
THE COMPACT: 15
(A) ALLOWS FOR EXPEDITED LICENSURE PORTABILIT Y AND EASE OF 16
MOVEMENT OF LICENSEE S BETWEEN STATES ; 17
(B) ALLOWS EACH STATE TO CONTINUE TO REGULATE THE PRACTICE OF 18
DENTISTRY AND DENTAL HYGIENE WITHIN ITS B ORDERS; 19
(C) CREATES A COMMON GOAL OF PROTECTING T HE PUBLIC BY ENSURIN G 20
A UNIFORM LICENSURE STANDARD AND SHARING OF INFORMATION IN TH E 21
COMPACT; 22
(D) ALLOWS FOR LICENSURE IN EVERY PARTICIPATI NG STATE BY 23
REQUIRING PASSAGE OF THE UNIFORM LICENSUR E EXAMINATION THAT A SSESSES 24
PSYCHOMOTOR AN D COGNITIVE DENTAL S KILLS AND IS CURRENT LY ACCEPTED IN 25
FIFTY (50) STATE LICENSING JURI SDICTIONS AND UNITED STATES TERRITORIES ; 26
(E) GIVES LICENSEES ONE (1) LOCATION TO MAINTAIN PROFESSIONAL 27
DOCUMENTATION TO EXP EDITE LICENSE TRANSF ERS IN STATES, HOSPITALS OR 28
INSTITUTIONAL CREDEN TIALING; 29
(F) FACILITATES A FASTER LICENSURE PROCESS FO R RELOCATION OR 30
SEPARATION OF MILITA RY MEMBERS AND THEIR DEPENDENT SPOUSES ; THERE ARE 31
NO COMPACT FEES FOR MILI TARY MEMBERS OR THEI R SPOUSES; 32
SENATE BILL 538 3
(G) ALLEVIATES A DUPLICAT IVE PROC ESS FOR LICENSURE AM ONG 1
MULTIPLE STATES ; AND 2
(H) SAVES APPLICANTS MONE Y BY NOT HAVING TO O BTAIN DUPLICATE 3
DOCUMENTS FROM A SOU RCE THAT CHARGES FOR THE DOCUMENTS . 4
SECTION 2. DEFINITIONS 5
(A) “AADB” MEANS THE AMERICAN ASSOCIATION OF DENTAL BOARDS 6
(AADB) OR ITS NAMED SUCCESS OR, FORMERLY KNOWN AS TH E AMERICAN 7
ASSOCIATION OF DENTAL EXAMINERS (AADE), ORIGINALLY CHARTERED ON 8
SEPTEMBER 10TH, 1896 AND RENEWED IN 1944, COMPRISING STATE DENTAL 9
BOARDS IN THE UNITED STATES AND ITS TERRIT ORIES; 10
(B) “ATTORNEYS’ COMMITTEE” MEANS THE COMMITTEE OF ATTORNEYS 11
WHO CURRENTLY REPRES ENT A MEMBER STATE DENTAL BOARD; THE ATTORNEYS’ 12
COMMITTEE SHALL DESIG NATE ONE OF ITS MEMB ERS TO PARTICIPATE I N THE 13
COMMISSION AS A NON –VOTING MEMBER . AN ATTORNEY THAT HAS PREVIOUSLY 14
SERVED AS AN ATTORNEY FOR A MEMBER STATE DENTAL BOARD MAY BE INVITED 15
ON A YEAR–TO–YEAR BASIS TO SERVE ON THE ATTORNEYS’ COMMITTEE IF THEY 16
HAVE NOT ENGAGED IN AN OFFICIAL CASE AGA INST A STATE DENTAL BOARD OR 17
HAVE ANY OTHER CONFL ICT OF INTEREST . THE ATTORNEYS’ COMMITTEE MAY 18
ASSIST THE INVESTIGA TORS IN WORKING THRO UGH JOINT INVESTIGAT ION ISSUES 19
BETWEEN STATES ; 20
(C) “ACTIVE–DUTY MILITARY PERSON OR SPOUSE” MEANS A LICENSEE IN 21
FULL–TIME ACTIVE–DUTY STATUS IN THE A CTIVE UNIFORMED SERV ICES OF THE 22
UNITED STATES, INCLUDING MEMBE RS OF THE NATIONAL GUARD AND RESERVES. 23
THE LEGAL SPOUSE OF T HE MILITARY MEMBER M UST BE RECOGNIZED BY THE 24
MILITARY UNIT AS A D EPENDENT WHILE THE S ERVICE MEMBER IS ON ACTIVE DUTY. 25
SPOUSES SHALL RECEIVE THE SAME PRIVILEGES AS MILITARY MEMBERS FOR THE 26
PURPOSE OF THIS COMPACT; 27
(D) “ACTIVE INVESTIGATION ” MEANS AN ACTIVE INVE STIGATION 28
POTENTIALLY RESULTIN G IN FORMAL ALLEGATI ONS OR CHARGES PRECI PITATING 29
A JUDICIAL PROCESS B Y A STATE DENTAL BOARD, OVERSIGHT AGENCY , OR OTHER 30
LAW ENFORCEMENT ENTI TY; 31
(E) “ADVERSE ACTION” MEANS AN ORDER ISSUE D BY A STATE DENTAL 32
BOARD OR REPORTED TO THE CLEARINGHOUSE PU RSUANT TO THE COMMISSION’S 33
BYLAWS AND RULES THAT DISCIPLINES A LICENSEE. ADVERSE ACTION INCLUDES , 34
AND IS NOT LIMITED T O, THE SUSPENSION , LIMITING, OR REVOCATION OF A 35
LICENSE OR COMPACT LICENSE PRIVILEGE; THE IMPOSITION OF FE ES AND 36 4 SENATE BILL 538
SANCTIONS; AND ANY TEMPORARY EM ERGENCY ORDER THAT M AY BE LATER 1
WITHDRAWN BY A BOARD; 2
(F) “ADEX EXAMINATION ” MEANS THE INITIAL LI CENSURE EXAMINATIONS 3
DEVELOPED BY THE AMERICAN BOARD OF DENTAL EXAMINERS, INC. OR ITS 4
SUCCESSOR; 5
(G) “BYLAWS” MEANS THE BYLAWS PAS SED BY THE COMMISSION OR ITS 6
NAMED SUCCESSOR COMM ISSION; 7
(H) “CLEARINGHOUSE ” MEANS THE CLEARINGHO USE AND DATABANK THA T 8
HOUSES PRIOR ADVERSE ACTION DOCUMENTATIONS , ORDERS, AND DENIALS OF 9
LICENSURE OR PERMITS FROM STATE DENTAL BOARDS THAT IS ADMINI STERED BY 10
THE AADB OR ITS SUCCESSOR ; 11
(I) “CODA” MEANS THE COMMISSION ON DENTAL ACCREDITATION OR ITS 12
SUCCESSOR AS APPROVE D BY THE UNITED STATES DEPARTMENT OF EDUCATION; 13
(J) “COMMISSION” MEANS THE INTERSTATE DENTAL AND DENTAL 14
HYGIENE COMPACT LICENSURE COMMISSION CREATED PU RSUANT TO SECTION 3 15
OF THIS ACT; 16
(K) “COMMISSIONERS ” MEANS THE TWO (2) MEMBERS CHOSEN BY EA CH 17
MEMBER STATE DENTAL BOARD TO SERVE AS THE VOTING MEMBERS OF TH E 18
COMMISSION; 19
(L) “COMPACT” MEANS THE INTERSTATE DENTAL AND DENTAL HYGIENE 20
LICENSURE COMPACT CREATED PURSU ANT TO SECTION 3 OF THIS ACT; 21
(M) “COMPACT LICENSE PRIVILEGE” MEANS THE EXPEDITED DENTAL OR 22
DENTAL HYGIENE LICEN SE TO PRACTICE IN A MEMBER STATE THAT IS NOT THE 23
LICENSEE’S HOME STATE; 24
(N) “CONVICTION” MEANS AN ADJUDICATIO N OR FORMAL JUDGMENT BY A 25
COURT THAT AN INDIVI DUAL IS GUILTY THROU GH A PLEA OF GUILTY OR NO 26
CONTEST, OR A FINDING OF GUIL T BY THE COURT . EVIDENCE OF A CONVICT ION OF 27
A CRIMINAL OFFENSE B Y A COURT SHALL BE CONSIDERED FINAL FOR THE 28
PURPOSES OF CONSIDER ING OR IMPOSING DISC IPLINARY ACTION BY A MEMBER 29
STATE DENTAL BOARD; 30
(O) “CRIMINAL BACKGROUND C HECK” MEANS A CRIMINAL BAC KGROUND 31
CHECK USING THE RESU LTS OF FINGERPRINT O R OTHER BIOMETRIC DA TA CHECKS 32
COMPLIANT WITH THE RE QUIREMENTS OF THE FEDERAL BUREAU OF 33 SENATE BILL 538 5
INVESTIGATION , WITH THE EXCEPTION O F FEDERAL EMPLOYEES WHO HAVE 1
SUITABILITY DETERMIN ATION IN ACCORDANCE WITH 5 C.F.R. 731.202; 2
(P) “DENTAL HYGIENIST ” MEANS ANY PERSON WHO : 3
1. HAS SUCCESSFULLY GRA DUATED FROM A CODA–APPROVED 4
DENTAL HYGIENE SCHOO L; 5
2. HAS SUCCESSFULLY PASS ED THE ADEX DENTAL HYGIENE 6
LICENSURE EXAMINATIO N, OR HAS BEEN IN PRACT ICE 5 YEARS OR MORE AND HA S 7
SUCCESSFULLY PASSED A REGIONAL BOARD EXAMINATION OR EQUIVA LENT 8
STATE–ADMINISTERE D PSYCHOMOTOR LICENS URE EXAMINATION PRIO R TO 9
JANUARY 1, 2024; 10
3. HAS SUCCESSFULLY PASS ED THE WRITTEN NATIO NAL DENTAL 11
HYGIENE BOARD EXAMIN ATION ADMINISTERED B Y THE JOINT COMMISSION ON 12
NATIONAL DENTAL EXAMINATIONS ; 13
4. POSSESSES A FULL AND UNRESTRICTED DENTAL HYGIENE 14
LICENSE ISSUED BY A MEMBER STATE; 15
5. HAS NEVER BEEN CONVIC TED OR RECEIVED ADJU DICATION, 16
DEFERRED ADJUDICATIO N, COMMUNITY SUPERVISIO N OR DEFERRED DISPOS ITION 17
FOR ANY OFFENSE (OTHER THAN TRAFFIC O FFENSES) BY A COURT OF APPROP RIATE 18
JURISDICTION; 19
6. HAS NEVER BEEN A SUBJ ECT OF DISCIPLINE BY A LICENSING 20
AGENCY THROUGH ANY ADVERSE ACTION, ORDER, OR OTHER RESTRICTION OF THE 21
LICENSEE BY A LICENSING AGENCY, WITH THE EXCEPTION O F FAILURE TO PAY 22
FEES OR FAILURE TO C OMPLETE CONTINUING E DUCATION; 23
7. IS NOT CURRENTLY UNDE R ACTIVE INVESTIGATION BY A 24
LICENSING AGENCY OR LAW ENFORCE MENT AUTHORITY IN AN Y STATE, FEDERAL 25
OR FOREIGN JURISDICT ION; AND 26
8. MEETS ANY JURISPRUDEN CE REQUIREMENT ESTAB LISHED BY A 27
MEMBER STATE DENTAL BOARD OF A MEMBER STATE IN WHICH A LICENSEE IS 28
SEEKING A COMPACT LICENSE PRIVILEGE. 29
(Q) “DENTAL PRACTICE ACT” MEANS THE LAWS AND R EGULATIONS 30
GOVERNING THE PRACTI CE OF DENTISTRY WITH IN A MEMBER STATE; 31
(R) “DENTIST” MEANS ANY PERSON WHO : 32 6 SENATE BILL 538
1. HAS SUCCESSFULLY GRAD UATED FROM A CODA–APPROVED 1
DENTAL SCHOOL ; 2
2. HAS SUCCESSFULLY PASS ED THE ADEX DENTAL LICENSURE 3
EXAM; OR HAS BEEN IN PRACT ICE 5 YEARS OR MORE AND HA S SUCCESSFULLY 4
PASSED A REGIONAL BOARD EXAMINATION OR EQUIVA LENT STATE–ADMINISTERED 5
PSYCHOMOTOR LICENSUR E EXAMINATION PRIOR TO JANUARY 1, 2024; 6
3. HAS SUCCESSFULLY PASS ED THE WRITTEN NATIONAL DENTAL 7
BOARD EXAM ADMINISTERED BY THE JOINT COMMISSION ON NATIONAL DENTAL 8
EXAMINATIONS ; 9
4. POSSESSES A FULL AND UNRESTRICTED DENTAL LICENSE ISSUED 10
BY A MEMBER STATE DENTAL BOARD; 11
5. HAS NEVER BEEN CONVIC TED OR RECEIVED ADJU DICATION, 12
DEFERRED ADJUDICATIO N, COMMUNITY SUPERVISIO N, OR DEFERRED DISPOSIT ION 13
FOR ANY OFFENSE (OTHER THAN TRAFFIC O FFENSES) BY A COURT OF APPROP RIATE 14
JURISDICTION; 15
6. HAS NEVER BEEN A SUBJ ECT OF DISCIPLINE BY A LICENSING 16
AGENCY THROUGH ANY ADVERSE ACTION, ORDER, OR OTHER RESTRICTION OF THE 17
LICENSEE BY A LICENSING AGENCY, WITH THE EXCEPTION O F FAILURE TO PAY 18
FEES OR FAILURE TO C OMPLETE CONTINUING E DUCATION; 19
7. HAS NEVER HAD A STATE OR FEDERA L DRUG REGISTRATION , 20
PERMIT, OR LICENSE RESTRICTE D, SUSPENDED, OR REVOKED BY THE UNITED 21
STATES DRUG ENFORCEMENT ADMINISTRATION OR ANY LICENSING AGENCY THAT 22
OVERSEES SCHEDULED D RUG REGISTRATIONS ; 23
8. IS NOT CURRENTLY UNDE R ACTIVE INVESTIGATION BY A 24
LICENSING AGENCY OR LAW ENFORCE MENT AUTHORITY IN AN Y STATE, FEDERAL 25
OR FOREIGN JURISDICT ION; AND 26
9. MEETS ANY JURISPRUDEN CE REQUIREMENT ESTAB LISHED BY A 27
MEMBER STATE DENTAL BOARD IN WHICH A LICENSEE IS SEEKING A COMPACT 28
LICENSE PRIVILEGE; 29
(S) “HOME STATE” MEANS THE STATE OF P RIMARY LICENSURE OF A 30
LICENSEE; 31
SENATE BILL 538 7
(T) “LICENSE” MEANS THE AUTHORIZAT ION BY A LICENSING AUTHORITY 1
FOR A DENTIST OR DEN TAL HYGIENIST TO ENG AGE IN THE UNRESTRIC TED 2
PRACTICE OF DENTISTRY OR DENTAL HYGIENE, WHICH WOULD BE UNLAW FUL 3
WITHOUT SUCH LICENSE ; 4
(U) “LICENSEE” MEANS A DENTIST OR DENTAL HYGIENIST WHO HOLDS A N 5
UNRESTRICTED LICENSE TO PRACTICE A S A DENTIST OR DENTA L HYGIENIST; 6
(V) “LICENSING AGENCY” MEANS THE AGENCY OR OTHER ENTITY OF A 7
STATE THAT IS RESPON SIBLE FOR THE LICENS ING OF DENTISTS AND DENTAL 8
HYGIENISTS. IF A MEMBER STATE DENTAL BOARD HAS SUCH RESPON SIBILITY, IT 9
SHALL BE DEEMED A LICENSING AGENCY; 10
(W) “MEMBER STATE DENTAL BOARD” MEANS A STATE AGENCY IN A 11
MEMBER STATE THAT PROTECTS T HE PUBLIC THROUGH LI CENSURE, REGULATION , 12
AND THE EDUCATION OF DENTISTS AND DENTAL HYGIENISTS, AS DIRECTED BY THE 13
STATE LAW. ALL ACTIONS TAKEN BY A MEMBER STATE DENTAL BOARD SHALL BE 14
UNDER THE AUTHORITY OF THE LAWS OF ITS S TATE AND ANY OTHER RIGHTS 15
CONFERRED UNDER THIS COMPACT; 16
(X) “MEMBER STATE” MEANS A STATE , THE DISTRICT OF COLOMBIA OR 17
ANY OTHER UNITED STATES TERRITORY THAT HAS ENACTED THE COMPACT; 18
(Y) “REGIONAL BOARD EXAMINATION” MEANS INITIAL LICENS URE 19
EXAMINATIONS ADMINIS TERED BY THE WESTERN REGIONAL EXAMINING BOARD 20
(WREB), THE NORTH EAST REGIONAL BOARD OF DENTAL EXAMINERS (NERB), 21
THE COMMISSION ON DENTAL COMPETENCY ASSESSMENTS (CDCA), COUNCIL OF 22
INTERSTATE TESTING AGENCIES (CITA), SOUTHERN REGIONAL TESTING AGENCY 23
(SRTA), OR CENTRAL REGIONAL DENTAL TESTING SERVICES (CRDTS) THAT 24
ASSESS PSYCHOMOTOR S KILLS. 25
(Z) “REPOSITORY” MEANS THE REPOSITORY OF ORIGINAL DOCUMENT S OF 26
A LICENSEE THAT MAY INC LUDE ORIGINAL TRANSC RIPTS, CERTIFICATION 27
DOCUMENTS , TEST SCORES, MILITARY TRAINING RE CORDS, PREVIOUS OR CURRENT 28
LICENSING DOCUMENTS AND OTHER SOURCES OF MATERIALS NEEDED FOR 29
APPLICATIONS AND VER IFICATION ADMINISTER ED BY THE AADB OR ITS 30
SUCCESSOR. THE REPOSITORY SHALL RECE IVE DOCUMENTS FROM P RIMARY OR 31
ORIGINATING SOURCES AND/OR VERIFY THEIR AUTH ENTICITY; 32
(AA) “SCOPE OF PRACTICE ” MEANS THE DENTAL –RELATED PROCEDURES 33
THAT REQUIRE A LICENSE, PERMIT, OR TRAINING, TO UNDERTAKE THE TRE ATMENT 34
AND PROCEDURE TO BE COMPLETED ON A PATIE NT WITHIN THE MEMBER STATE’S 35
REQUIREMENTS ; 36 8 SENATE BILL 538
(BB) “STATE” MEANS A STATE WITHIN THE UNITED STATES OR A UNITED 1
STATES TERRITORY; AND 2
(CC) “STATE JURISPRUDENCE ” MEANS THE KNOWLEDGE OF A MEMBER 3
STATE’S LAWS AND RULES OF DENTISTRY AND DENTAL HYGIENE. 4
SECTION 3. COMPACT AND COMMISSION 5
(A) THE MEMBER STATES HEREBY CREATE THE INTERSTATE DENTAL AND 6
DENTAL HYGIENE LICENSURE COMPACT AND THE COMMISSION. EACH MEMBER 7
STATE MUST ENACT A CO MPACT THAT IS NOT MA TERIALLY DIFFERENT F ROM THIS 8
COMPACT, AS DETERMINED BY THE COMMISSION. 9
(B) EACH MEMBER STATE DENTAL BOARD SHALL HAVE TWO (2) VOTING 10
MEMBERS WHO SHALL SE RVE AS COMMISSIONERS . EACH COMMISSIONER SHALL 11
HAVE ONE (1) VOTE. MEMBER STATES WITH SEPARATE DENTAL AND DENTAL 12
HYGIENE LICENSING AGENCIES SHALL APPOIN T ONE (1) COMMISSIONER FROM 13
EACH LICENSING AGENC Y. ONE COMMISSIONER SHALL BE A CURRENT MEMBER OF 14
A MEMBER STATE DENTAL BOARD. COMMISSIONERS MAY NOT DELEGATE VOTES 15
OR VOTE BY PROXY , HOWEVER, IF A COMMISSIONER IS UNABL E TO ATTEND, THE 16
MEMBER STATE MAY SUBSTITUTE A COMMISSIONER WHO MEET S THE SAME 17
REQUIREMENTS . 18
(C) UPON FIVE (5) STATES JOINING THE COMPACT, THE COMPACT SHALL 19
BECOME ACTIVE . THE COMMISSION SHALL ADOP T BYLAWS UPON BECOMING 20
ACTIVE. 21
(D) THE COMMISSION SHALL MEET AT LEAST ONCE PER CA LENDAR YEAR 22
(THE “ANNUAL MEETING”) AND AT ADDITIONAL TI MES AS NECESSARY PUR SUANT 23
TO THE BYLAWS AND RULES. 24
(E) AT EACH ANNUAL MEETING, THE COMMISSION SHALL ELEC T A CHAIR, 25
VICE CHAIR, SECRETARY, AND TREASURER FROM THE ME MBERSHIP OF THE 26
COMMISSION (THE “OFFICERS”). THE OFFICERS SHALL BE MEM BERS OF THE 27
COMMISSION’S EXECUTIVE COMMITTEE (THE “EXECUTIVE COMMITTEE”). THE 28
COMMISSION SHALL ALSO ELECT REPRESENTATIVE S FROM FOUR REGIONAL 29
DISTRICTS ESTABLISHE D BY THE COMMISSION TO SERVE O N THE EXECUTIVE 30
COMMITTEE. ALL OFFICERS AND EXECUTIVE COMMITTEE REPRESENTAT IVES 31
SHALL SERVE ONE (1)–YEAR TERMS. 32
(F) QUORUM FOR PURPOSES OF COND UCTING BUSINESS SHAL L BE A 33
MAJORITY OF COMMISSIONERS ATTENDI NG IN PERSON OR VIRT UALLY. 34 SENATE BILL 538 9
(G) THE COMMISSION SHALL PROV IDE NOTICE OF ALL ME ETINGS ON ITS 1
WEBSITE AND IN OTHER COMMUNICATIONS TO MEMBER STATE DENTAL BOARDS. 2
(H) A VOTE OF TWO–THIRDS (2/3) OF THE COMMISSIONERS PRESENT SHALL 3
BE REQUIRED FOR AN E XECUTIVE SESSION TO DISCUSS: 4
1. ITEMS SPECIFICALLY RE LATED TO PARTICIPATI ON IN A LAWSUIT 5
OR IN ANTICIPATION O F A LEGAL PROCEEDING ; 6
2. MATTERS SPECIFICALLY EXEMPTED FROM DISCLO SURE BY 7
FEDERAL STATUTE ; 8
3. INFORMATION OR MATTER S INVOLVING LAW ENFO RCEMENT 9
AGENCIES OR INFORMAT ION THAT ACCUSES A P ERSON OF A CRIME OR A PUBLIC 10
CENSURE; 11
4. DISCUSSIONS THAT WOUL D INCLUDE INFORMATIO N OF A 12
PERSONAL NATURE THAT WOULD CONSTITUTE AN UNWARRANTED INVASION OF 13
PERSONAL PRIVACY ; 14
5. ANYTHING CONSIDERED I NTERNAL PRACTICES AN D 15
PROCEDURES OR A TRAD E SECRET; 16
6. OTHER ITEMS DESCRIBED IN THE COMMISSION BYLAWS 17
ALLOWING FOR EXECUTI VE SESSIONS TO BE CA LLED; OR 18
7. ADVICE OF LEGAL COUNSEL. 19
(I) THE COMMISSION SHALL KEEP MINUTES AND MAKE THE M AVAILABLE 20
TO ALL MEMBER STATES. 21
(J) THE COMMISSION MAY ESTABL ISH OTHER COMMITTEES AS NEEDED. 22
(K) THE COMMISSION SHALL PREP ARE AN ANNUAL REPORT THAT SHALL BE 23
MADE AVAILABLE TO TH E LEGISLATURES AND G OVERNORS OF THE MEMBER 24
STATES. THE ANNUAL REPORT SHA LL DESCRIBE THE ACTI VITIES OF THE 25
COMMISSION DURING THE PRECEDING CALENDAR Y EAR. SUCH REPORTS SHALL 26
ALSO INCLUDE REPORTS OF THE ANNUAL FINANC IAL AUDIT AND ANY AC TIONS 27
TAKEN BY OR RULES TH AT WERE ADOPTED BY T HE COMMISSION. 28
SECTION 4. DUTIES OF COMPACT MEMBER STATES 29
10 SENATE BILL 538
(A) MEMBER STATES SHALL SUBMIT T O THE CLEARINGHOUSE ALL 1
MEMBER STATE DENTAL BOARD ACTIONS AND OTH ER DOCUMENTS AND DAT A AS 2
DETERMINED BY THE COMMISSION; 3
(B) MEMBER STATES SHALL NOTIFY T HE COMMISSION OF ANY ADVERSE 4
ACTION TAKEN BY THE MEMBER STATE DENTAL BOARD, ANY ACTIVE 5
INVESTIGATION BY THE MEMBER STATE DENTAL BOARD, ANY ACTIVE 6
INVESTIGATION INVOLVI NG PENDING CRIMINAL CHARGES, OR OTHER 7
CIRCUMSTANCE AS DETE RMINED BY THE COMMISSION; 8
(C) ANY ADVERSE ACTION, ORDER, RESTRICTION OR DENIA L OF A LICENSE 9
OR PERMIT ON A LICENSEE OR COMPACT LICENSE PRIVILEGE HOLDER SHAL L BE 10
REPORTED TO THE CLEARINGHOUSE BY THE MEMBER STATE DENTAL BOARD; 11
(D) MEMBER STATE DENTAL BOARDS MAY SUBMIT TO THE 12
CLEARINGHOUSE NONPU BLIC COMPLAINTS , OR DISCIPLINARY OR I NVESTIGATORY 13
INFORMATION NOT REQU IRED BY SECTION 4(C). ALL INVESTIGATORY MAT ERIAL 14
SHALL BE CONSIDERED CONFIDENTIAL AND NOT PART OF A PUBLIC REC ORD 15
UNLESS OTHERWISE SPE CIFICALLY REQUIRED B Y STATE STATUTE ; 16
(E) MEMBER STATES SHALL ACCEPT CO NTINUING EDUCATION C REDITS AS 17
REQUIRED OR RECOGNIZ ED BY ANY OTHER MEMBER STATE; 18
(F) DOCUMENTS IN THE REPOSITORY SHALL BE T REATED BY A MEMBER 19
STATE AS THE EQUIVALE NT OF A PRIMARY OR O RIGINAL SOURCE DOCUM ENT FOR 20
LICENSURE; 21
(G) MEMBER STATES SHALL ACCEPT A STANDARDIZED APPLICA TION FOR A 22
COMPACT LICENSE PRIVILEGE. THE STANDARDIZED APPL ICATION SHALL BE 23
ESTABLISHED BY THE R ULES ENACTED BY THE COMMISSION; 24
(H) MEMBER STATES MAY AGREE TO S HARE INFORMATION REG ARDING 25
ONGOING INVESTIGATIO NS AND ACTIONS, INCLUDING JOINT INVE STIGATIONS 26
BETWEEN STATES . ALL INVESTIGATORY MAT ERIAL SHALL BE CONSI DERED 27
CONFIDENTIAL AND NOT PART OF A PUBLIC REC ORD UNLESS OTHERWISE 28
SPECIFICALLY REQUIRE D BY STATE STATUTE ; AND 29
(I) AS PART OF THE COMPACT ENFORCEMENT , PARTICIPATING MEMBER 30
STATES MAY ISSUE SUBP OENAS AND SEEK TESTI MONY OF WITNESSES , WHICH 31
SUBPOENAS SHALL BE E NFORCED IN OTHER MEMBER STATES AND ENFORCED B Y A 32
COURT OF COMPETENT J URISDICTION WHERE TH E WITNESSES OR EVIDE NCE IS 33
LOCATED. 34
SENATE BILL 538 11
SECTION 5. POWERS AND DUTIES OF THE COMMISSION 1
(A) THE COMMISSION SHALL HAVE THE DUTY AND POWER T O: 2
1. OVERSEE AND MAINTAIN THE ADMINISTRATION O F THE 3
COMPACT, INCLUDING THE ORGANI ZATIONAL NEEDS , THE FINANCIAL ACTIVI TIES, 4
THE HIRING OF PERSON NEL AND ONGOING ACTI VITIES OR NEEDS OF THE 5
COMMISSION; 6
2. PROMULGATE BYLAWS AND RULES TO O PERATE THE COMPACT 7
AND THE COMMISSION; 8
3. ESTABLISH A BUDGET AN D MAKE EXPENDITURES ; 9
4. HAVE AN ANNUAL FINANC IAL AUDIT PERFORMED BY AN 10
INDEPENDENT CERTIFIE D PUBLIC ACCOUNTING FIRM; 11
5. ISSUE, UPON THE REQUEST OF A MEMBER STATE DENTAL 12
BOARD, ADVISORY OPINIONS CO NCERNING THE MEANING OR INTERPRETATION OF 13
THE COMPACT AND ITS BYLAWS, RULES, AND ACTIONS; 14
6. ENFORCE COMPLIANCE WI TH COMPACT PROVISIONS , THE RULES 15
PROMULGATED BY THE COMMISSION, AND THE BYLAWS, USING ALL NECESSARY 16
AND PROPER MEANS , INCLUDING BUT NOT LI MITED TO THE USE OF JUDICIAL 17
PROCESS; 18
7. HOLD AN ANNUAL MEETING FOR THE COMMISSION WHERE THE 19
ELECTIONS OF THE EXECUTIVE COMMITTEE AND OTHER I SSUES MAY BE DISCUSS ED 20
AND VOTED ON ; 21
8. ESTABLISH PERSONNEL P OLICIES AND PROGRAMS RELATING TO 22
CONFLICTS OF INTERES T, AND THE RATES OF COM PENSATION AND QUALIF ICATIONS 23
OF PERSONNEL ; 24
9. ACCEPT DONATIONS AND GRANTS OF MONEY , EQUIPMENT, 25
SUPPLIES, MATERIALS AND SERVIC ES, AND TO RECEIVE , UTILIZE AND DISPOSE OF 26
THEM IN A MANNER CON SISTENT WITH THE CON FLICT–OF–INTEREST POLICIES 27
ESTABLISHED BY THE COMMISSION; 28
10. REPORT ANNUALLY TO TH E LEGISLATURES AND G OVERNORS OF 29
THE MEMBER STATE DENTAL BOARDS CONCERNING THE ACTIVITIES OF THE 30
COMMISSION DURING T HE PRECEDING CALENDA R YEAR. SUCH REPORTS SHALL 31
ALSO INCLUDE REPORTS OF ANNUAL FINANCIAL AUDITS, ALL ACTIONS OF THE 32 12 SENATE BILL 538
COMMISSION, RULES ADOPTED BY THE COMMISSION, AND ANY RECOMMENDATI ONS 1
BY THE COMMISSION; AND 2
11. COORDINATE EDUCATION , TRAINING AND PUBLIC AWARENESS 3
REGARDING THE COMPACT, ITS IMPLEMENTATION , AND ITS OPERATION . 4
(B) THE EXECUTIVE COMMITTEE SHALL HAVE THE POWER TO ACT ON 5
BEHALF OF THE COMMISSION, WITH THE EXCEPTION O F RULEMAKING , DURING 6
PERIODS WHEN THE COMMISSION IS NOT IN SESSION. WHEN ACTING ON BEHALF OF 7
THE COMMISSION, THE EXECUTIVE COMMITTEE SHALL OVERS EE THE 8
ADMINISTRATION OF TH E COMPACT, INCLUDING ENFORCEMEN T OF AND 9
COMPLIANCE WITH THE COMPACT. 10
(C) THE OFFICERS AND EMPL OYEES OF THE COMMISSION SHALL BE 11
IMMUNE FROM SUIT AND LIABILITY, EITHER PERSONALLY OR IN THEIR OFFICIAL 12
CAPACITY, FOR A CLAIM FOR DAMA GE TO OR LOSS OF PRO PERTY OR PERSONAL 13
INJURY OR OTHER CIVI L LIABILITY CAUSED O R ARISING OUT OF , OR RELATING TO , 14
AN ACTUAL OR ALLEGED ACT, ERROR OR OMISSION TH AT OCCURRED , OR THAT SUCH 15
PERSON HAD A REASONABLE BASIS FOR BELIEVING OCCURRED, WITHIN THE SCOPE 16
OF COMMISSION EMPLOYMENT , DUTIES OR RESPONSIBI LITIES; PROVIDED, THAT 17
SUCH PERSON SHALL NO T BE PROTECTED FROM SUIT OR LIABILITY FO R DAMAGE, 18
LOSS, INJURY OR LIABILITY CAUSED BY THE INTENT IONAL OR WILLFUL AND 19
WANTON MISCONDUCT OF SUCH PERSON . 20
(D) THE LIABILITY OF THE EXECUTIVE DIRECTOR A ND EMPLOYEES OF THE 21
COMMISSION OR REPRESE NTATIVES OF THE COMMISSION, ACTING WITHIN THE 22
SCOPE OF SUCH PERSON ’S EMPLOYMENT OR DUTI ES FOR ACTS , ERRORS OR 23
OMISSIONS OCCURRING WITHIN SUCH PERSON ’S STATE MAY NOT EXCE ED THE 24
LIMITS OF LIABILITY SET FORTH UNDER THE CONSTITUTION AND LAW S OF THAT 25
STATE FOR STATE OFFI CIALS, EMPLOYEES AND AGENTS . THE COMMISSION SHALL 26
BE CONSIDERED TO BE AN INSTRUMENTALITY O F THE STATES FOR THE PURPOSES 27
OF ANY SUCH ACTION . NOTHING IN THIS SUBSE CTION SHALL BE CONST RUED TO 28
PROTECT SUCH PERSON FROM SUIT OR LIABILI TY FOR DAMAGE , LOSS, INJURY OR 29
LIABILITY CAUSED BY THE INTENTIONAL OR W ILLFUL AND WANTON MI SCONDUCT 30
OF SUCH PERSON . 31
(E) THE COMMISSION SHALL DEFEND THE COMMISSION’S EXECUTIVE 32
DIRECTOR, ITS EMPLOYEES , AND, SUBJECT TO THE APPRO VAL OF THE ATTORNEY 33
GENERAL OR OTHER APP ROPRIATE LEGAL COUNS EL OF THE MEMBER STATE 34
REPRESENTED BY A COMMISSION REPRESENTA TIVE, SHALL DEFEND SUCH 35
COMMISSION REPRES ENTATIVE IN ANY CIVI L ACTION SEEKING TO IMPOSE 36
LIABILITY ARISING OU T OF AN ACTUAL OR AL LEGED ACT, ERROR OR OMISSION TH AT 37
OCCURRED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT , DUTIES OR 38 SENATE BILL 538 13
RESPONSIBILITIES , OR THAT THE DEFENDAN T HAD A REASONABLE B ASIS FOR 1
BELIEVING OCCURRED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT , DUTIES 2
OR RESPONSIBILITIES , PROVIDED THAT THE AC TUAL OR ALLEGED ACT , ERROR OR 3
OMISSION DID NOT RES ULT FROM INTENTIONAL OR WILLFUL AND WANTO N 4
MISCONDUCT ON THE PA RT OF SUCH PERSON . 5
(F) TO THE EXTENT NOT COVERED BY THE S TATE INVOLVED , MEMBER 6
STATE, OR THE COMMISSION, THE REPRESENTATIVES OR EMPLOYEES OF THE 7
COMMISSION SHALL BE H ELD HARMLESS BY THE COMMISSION IN THE AMO UNT OF 8
A SETTLEMENT OR JUDG MENT, INCLUDING ATTORNEY F EES AND COSTS, OBTAINED 9
AGAINST SUCH PERSONS ARISING OUT OF AN ACTUAL OR ALLEGED ACT, ERROR OR 10
OMISSION THAT OCCURR ED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT , 11
DUTIES OR RESPONSIBI LITIES, OR THAT SUCH PERSONS HAD A REASONABLE BAS IS 12
FOR BELIEVING OCCURR ED WITHIN THE SCOPE OF COMMISSION EM PLOYMENT, 13
DUTIES OR RESPONSIBI LITIES, PROVIDED THAT THE AC TUAL OR ALLEGED ACT , 14
ERROR OR OMISSION DI D NOT RESULT FROM IN TENTIONAL OR WILLFUL AND 15
WANTON MISCONDUCT ON THE PART OF SUCH PER SONS. 16
SECTION 6. APPLICATION, ELIGIBILITY, AND ISSUANCE OF COMPACT LICENSE 17
PRIVILEGE TO A MEMBER STATE 18
(A) A DENTIST OR DENTAL HY GIENIST APPLYING FOR COMPACT LICENSE 19
PRIVILEGES SHALL MEET THE REQUIREMENTS OF A DENTIST AS LISTED IN SECTION 20
(2)(R) OF THIS COMPACT OR A DENTAL HYGIENIST AS LISTED I N SECTION (2)(P) OF 21
THIS COMPACT AND HOLD A CURR ENT LICENSE IN A MEMBER STATE UNDER THIS 22
COMPACT. 23
(B) EACH DENTIST OR DENTAL HYGIENIST SHALL DESIG NATE A HOME 24
STATE OF LICENSURE . THE HOME STATE SHALL BE DETERM INED BY: 25
(1) THE STATE OF PRIMARY RESIDENCE FOR THE DENTIST OR 26
DENTAL HYGIENIST, WHERE 25% OF THEIR PRACTICE WI THIN ONE YEAR OCCURS . 27
AN ACTIVE–DUTY MILITARY MEMBER OR THEIR SPOUSE MAY CHOOSE A HOME 28
STATE AS DESIGNATED W ITH THE MILITARY BUT ARE NOT REQUIRED TO MEET THE 29
REQUIREMENT OF 25% PRACTICE BEING WITHI N THEIR HOME STATE; OR 30
(2) IF NO STATE QUALIFIES UNDER SECTION 6(B)(1), THEN THE 31
STATE THAT THE DENTIST OR DENTAL HYGIENIST LISTED AS T HEIR STATE OF 32
RESIDENCE ON THE PRE VIOUS YEAR’S FEDERAL TAX RETURN . 33
(C) A DENTIST OR DENTAL HYGIENIST MAY REDESIG NATE A HOME STATE 34
NO MORE THAN ONE TIME I N A CALENDAR YEAR IF THE QUALIFICATIONS O F A HOME 35
STATE ARE MET. 36 14 SENATE BILL 538
(D) A DENTIST OR DENTAL HYGIENIST SEEKING A COMPACT LICENSE 1
PRIVILEGE (THE “APPLICANT”) SHALL APPLY TO THEIR HOME STATE DENTAL 2
BOARD FOR A LETTER ST ATING THAT THE APPLICANT IS ELIGIBLE FOR COMPACT 3
LICENSE PRIVILEGES. 4
(E) THE HOME STATE DENTAL BOARD SHALL DETERMINE THE ELIGIBILITY 5
OF AN APPLICATION FO R A COMPACT LICENSE PRIVILEGE AND SHALL I SSUE A 6
LETTER OF APPROVAL O R DENIAL OF THE APPL ICATION FOR A COMPACT LICENSE 7
PRIVILEGE. 8
(F) THE LETTER FROM THE APPLICANT’S HOME STATE DENTAL BOARD 9
APPROVING THE APPLIC ATION SHALL BE SUBMI TTED TO THE MEMBER STATE 10
DENTAL BOARD FOR THE MEMBER STATE IN WHICH THE APPLICANT PROPOSES TO 11
PRACTICE, AND SHALL INCLUDE : (I) THE COMPACT APPLICA TION PACKET ; (II) 12
AUTHORIZATION TO SEE K ACCESS TO THE APPLICANT’S REPOSITORY DOCUMENTS ; 13
(III) ANY ADDITIONAL INFOR MATION THAT MAY BE R EQUIRED BY THE PROPO SED 14
COMPACT LICENSE PRIVILEGE STATE; AND (IV) ANY REQUIRED FEES . THE MEMBER 15
STATE DENTAL BOARD SHALL R EVIEW THE APPLICATIO N TO CONFIRM 16
COMPLIANCE WITH THE MEMBER STATE’S LAWS AND REGULATIO NS. FOLLOWING 17
SUCH REVIEW , IF THE MEMBER STATE DENTAL BOARD APPROVES THE 18
APPLICATION, IT SHALL ISSUE A COMPACT LICENSE PRIVILEGE FROM THE 19
PROPOSED MEMBER STATE TO THE APPLICANT. 20
(G) APPEALS OF A DENIAL O F A COMPACT LICENSE PRIVILEGE 21
APPLICATION SHALL BE FILED WITH THE MEMBER STATE DENTAL BOARD MAKING 22
SUCH DETERMINATION , AND SHALL BE FILED W ITHIN THIRTY (30) DAYS OF THE 23
DATE OF THE DENIAL . 24
(H) A LICENSEE HOLDING A COMPACT LICENSE PRIVILEGE SHALL NOTIF Y 25
THE COMMISSION WITHIN TEN (10) BUSINESS DAYS OF ANY ADVERSE ACTION 26
TAKEN AGAINST A LICENSE HELD IN A STA TE THAT IS NOT A MEMBER STATE. 27
(I) A COMPACT LICENSE PRIVILEGE MAY BE REVO KED, SUSPENDED OR 28
LIMITED BY THE ISSUI NG MEMBER STATE DENTAL BOARD IF AT ANY TIME THE 29
LICENSEE’S HOME STATE LICENSE IS REVO KED, SUSPENDED OR LIMITED . 30
(J) THE COMMISSION SHALL ISSU E RULES ON THE DURAT ION OF A 31
COMPACT LICENSE PRIVILEGE, THE APPLICATION AND RENEWAL PROCESS FOR A 32
COMPACT LICENSE PRIVILEGE, AND ANY APPLICATION FEES. 33
SENATE BILL 538 15
(K) ELIGIBILITY OR INELIG IBILITY TO RECEIVE A COMPACT LICENSE 1
PRIVILEGE SHALL NOT L IMIT THE ABILITY OF A LICENSEE TO SEEK A ST ATE 2
LICENSE THROUGH THE REGULAR PROCESS OUTS IDE OF THE COMPACT. 3
SECTION 7. JURISDICTION OVER COMPACT LICENSE PRIVILEGE HOLDERS 4
(A) EACH LICENSEE HOLDING A COMPACT LICENSE PRIVILEGE SHALL BE 5
SUBJECT TO AND COMPL Y WITH THE LAWS AND REGULATIONS OF THE MEMBER 6
STATE IN WHICH SUCH LICENSEE PRACTICES UN DER A COMPACT LICENSE 7
PRIVILEGE. 8
(B) EACH LICENSEE HOLDING A COMPACT LICENSE PRIVILEGE SHALL BE 9
SUBJECT TO THE JURIS DICTION AND AUTHORIT Y OF THE MEMBER STATE DENTAL 10
BOARD OF THE STATE IN WHICH SUCH LICENSEE PRACTICES , AS IF THEY HELD A 11
LICENSE ISSUED FROM SUCH MEMBER STATE DENTAL BOARD. SUCH COMPACT 12
LICENSE PRIVILEGE HOLDER SHAL L BE DEEMED A “LICENSEE” OF THE MEMBER 13
STATE DENTAL BOARD FOR PURPOSES OF SUCH BOARD TAKING AN ADVERSE 14
ACTION. 15
(C) EACH LICENSEE HOLDING A COMPACT LICENSE PRIVILEGE SHALL LIST 16
A CURRENT ADDRESS WI TH THE COMMISSION THAT SHALL SERVE AS THEIR 17
OFFICIAL ADDRESS OF SERVICE. 18
(D) A LICENSEE HOLDING A COMPACT LICENSE PRIVILEGE MAY HAVE AN 19
ADVERSE ACTION TAKEN AGAINST THEM BY: 20
(1) THE MEMBER STATE DENTAL BOARD OF THE MEMBER STATE IN 21
WHICH THEY ARE PRACT ICING WITH A COMPACT LICENSE PRIVILEGE; 22
(2) THE LICENSEE’S HOME STATE; OR 23
(3) THE STATE LICENSING AUTHORITY OF A STATE THAT IS NOT A 24
MEMBER STATE FROM WHICH THE LICENSEE HOLDS A LICENSE. 25
(E) A HOME STATE MAY TAKE AN ADVERSE ACTION AGAINST THE HO LDER 26
OF A COMPACT LICENSE PRIVILEGE, REGARDLESS OF WHERE THE ACTIONS GIVING 27
RISE TO THE ADVERSE ACTION OCCURRED . 28
(F) ANY MEMBER STATE IN WHICH THE COMPACT LICENSEE HOLDS A 29
COMPACT LICENSE PRIVILEGE MAY INVESTI GATE AN ALLEGATION O F A VIOLATION 30
OF THE LAWS AND RULE S OF THE PRACTICE OF DENTISTRY OR DENTAL HYGIENE IN 31
ANY OTHER STATE WHER E THE COMPACT LICENSEE HOLDS A COMPACT LICENSE 32
PRIVILEGE. 33 16 SENATE BILL 538
SECTION 8. FEES AND MILITARY WAIVER 1
(A) THE COMMISSION SHALL ISSU E RULES REGARDING TH E USE OF THE 2
REPOSITORY BY EACH HO LDER OF A COMPACT LICENSE PRIVILEGE. 3
(B) A MEMBER STATE DENTAL BOARD ISSUING A COMPACT LICENSE 4
PRIVILEGE AUTHORIZING PRACTICE IN ITS STAT E MAY IMPOSE A FEE F OR A 5
COMPACT LICENSE PRIVILEGE, FOR EITHER INITIAL I SSUANCE OR ANY RENEW AL. 6
(C) NO COMPACT FEE SHALL BE REQUIRED OF ANY ACTIVE–DUTY MILITARY 7
MEMBER AND /OR THEIR SPOUSE UP T O ONE (1) YEAR AFTER SEPARATIO N FROM THE 8
SERVICE. EACH MEMBER STATE ISSUING A COMPACT LICENSE PRIVILEGE MAY 9
WAIVE FEES FOR ACTIV E–DUTY MILITARY AND /OR THEIR SPOUSE AS R EQUIRED BY 10
EACH INDIVIDUAL STAT E STATUTE. 11
(D) ACTIVE–DUTY MILITARY MAY TR ANSFER MILITARY TRAI NING RECORDS 12
TO THE REPOSITORY WITHOUT A FEE. 13
SECTION 9. JOINT INVESTIGATIONS AND DISCIPLINARY ACTIONS 14
(A) EACH MEMBER STATE SHALL NAME A PO INT OF CONTACT FOR J OINT 15
INVESTIGATIONS BETWE EN MEMBER STATE DENTAL BOARDS. 16
(B) MEMBER STATE DENTAL BOARDS MAY PARTICIPAT E WITH OTHER 17
MEMBER STATE DENTAL BOARDS IN JOINT INVES TIGATIONS OF LICENSEES THAT 18
ARE SUBJECT TO THIS COMPACT. 19
(C) MEMBER STATE DENTAL BOARDS MAY SHARE INVE STIGATIVE, 20
LITIGATION OR OTHER MATERIALS IN F URTHERANCE OF ANY JO INT OR INDIVIDUAL 21
INVESTIGATION OF A COMPACT LICENSE PRIVILEGE HOLDER . 22
(D) A SUBPOENA ISSUED BY A MEMBER STATE OR MEMBER STATE DENTAL 23
BOARD SHALL BE ENFORC EABLE IN OTHER MEMBER STATES AS ALLOWED BY LAW. 24
(E) IF A COMPACT LICENSE PRIVILEGE HOLDER HAS AN ADVERSE ACTION 25
TAKEN AGAINST THEM B Y ANY MEMBER STATE DENTAL BOARD, THE COMPACT 26
LICENSE PRIVILEGE HOLDER SHAL L AUTOMATICALLY BE S UBJECT TO SIMILAR 27
DISCIPLINE BY OTHER MEMBER STATE DENTAL BOARDS. 28
(F) IF A COMPACT LICENSE PRIVILEGE HOLDER HAS AN ADVERSE ACTION 29
TAKEN AGAINST THEIR HOME STATE LICENSE , INCLUDING BEING REVO KED, 30
SURRENDERED , OR RELINQUISHED IN L IEU OF DISCIPLINE OR SUSPENDED, THEN 31 SENATE BILL 538 17
AUTOMATICALLY ALL OT HER COMPACT LICENSE PRIVILEGES SHALL BE P LACED IN 1
THE SAME STATUS . THE HOME STATE DENTAL BOARD SHALL NOTIFY TH E 2
COMMISSION AND THE COMMISSION SHALL ISSU E A NOTICE TO ALL MEMBER STATE 3
DENTAL BOARDS OF SUCH ADVERSE ACTION. 4
(G) IF DISCIPLINE OR AN ADVERSE ACTION IS TAKEN AGAIN ST A COMPACT 5
LICENSE PRIVILEGE HO LDER IN A MEMBER STATE, THE MEMBER STATE DENTAL 6
BOARD SHALL NOTIFY TH E COMMISSION AND THE HOME STATE OF THE COMPACT 7
LICENSE PRIVILEGE HOLDER . THE HOME STATE MAY DEEM THE AC TION 8
CONCLUSIVE AS A MATT ER OF LAW AND FACT A ND MAY: 9
(1) IMPOSE THE SAME OR LE SSER SANCTION CONSISTE NT WITH THE 10
HOME STATE’S LAWS; OR 11
(2) PURSUE SEPARATE ACTIO NS AGAINST THE COMPACT LICENSE 12
PRIVILEGE HOLDER UNDE R ITS LAWS, REGARDLESS OF THE SA NCTIONS PURSUED 13
BY THE MEMBER STATE DENTAL BOARD. 14
SECTION 10. OTHER REQUESTS FOR INFORMATION FROM THE REPOSITORY AND 15
THE CLEARINGHOUSE 16
(A) INSURANCE COMPANIES A ND ENTITIES VERIFYIN G DOCUMENTS FOR 17
THE PURPOSE OF LICEN SES EXTENDED TO A DENTIST OR DENTAL HYGIENIST MAY 18
SEEK INFORMATION FRO M THE CLEARINGHOUSE FOR PUB LIC RECORD 19
DOCUMENTS . 20
(B) A DENTIST OR DENTAL HYGIENIST MAY SUBMIT A REQUEST TO THE 21
COMMISSION TO ALLOW A NY HIRING EMPLOYER , ENTITY, OR INSURANCE COMPANY 22
TO ACCESS DOCUMENTS FROM THE REPOSITORY FOR THE PU RPOSES OF 23
CREDENTIALING , LICENSING OR OTHER P RIVILEGES. 24
(C) THE COMMISSION SH ALL SET A FEE SCHEDU LE FOR THESE SERVICE S. 25
SECTION 11. RULEMAKING FUNCTIONS OF THE COMMISSION 26
(A) THE COMMISSION SHALL PROM ULGATE REASONABLE RU LES IN ORDER 27
TO EFFECTIVELY AND E FFICIENTLY IMPLEMENT AND ACHIEVE THE PURP OSES AND 28
ADMINISTRATION OF TH E COMPACT. NOTWITHSTANDING THE F OREGOING, IN THE 29
EVENT THE COMMISSION EXERCISES ITS RULEMAKING AUTHO RITY IN A MANNER 30
THAT IS BEYOND THE S COPE OF THE PURPOSES OF THE COMPACT OR THE POWERS 31
GRANTED HEREUNDER , THEN SUCH AN ACTION BY THE COMMISSION MAY BE 32
DETERMINED TO BE INVALID AN D HAVE NO FORCE OR E FFECT. 33
18 SENATE BILL 538
(B) RULES VALIDLY ISSUED BY THE COMMISSION SHALL HAVE THE FORCE 1
OF LAW IN EACH MEMBER STATE. 2
(C) RULES DEEMED APPROPRI ATE FOR THE OPERATIO NS OF THE 3
COMMISSION SHALL BE M ADE PURSUANT TO A RU LEMAKING PROCES S THAT 4
SUBSTANTIALLY CONFOR MS TO THE MODEL STATE ADMINISTRATIVE PROCEDURE 5
ACT OF 2010, AND SUBSEQUENT AMEND MENTS THERETO . 6
SECTION 12. OVERSIGHT OF THE COMPACT 7
(A) THE EXECUTIVE , LEGISLATIVE, AND JUDICIAL BRANCHE S OF STATE 8
GOVERNMENT IN EACH MEMBER STATE SHALL ENFORCE THE COMPACT AND SHALL 9
TAKE ALL ACTIONS NEC ESSARY AND APPROPRIA TE TO EFFECTUATE THE 10
COMPACT’S PURPOSES AND INTEN T TO ALLOW FOR EXPED ITED LICENSURE FOR T HE 11
PURPOSE OF MOBILITY . THE PROVISIONS OF THE COMPACT AND THE RULES 12
PROMULGATED HEREUNDE R SHALL HAVE STANDING AS STATUTORY LAW BUT SHALL 13
NOT OVERRIDE EXISTIN G STATE AUTHORITY TO REGULATE THE PRACTIC E OF 14
DENTISTRY AND DENTAL HYGIENE. 15
(B) ALL COURTS MAY TAKE J UDICIAL NOTICE OF TH E COMPACT AND THE 16
RULES IN ANY JUDICIA L OR ADMINISTRATIVE PROCEED ING IN A MEMBER STATE 17
PERTAINING TO THE SU BJECT MATTER OF THE COMPACT WHICH MAY AFF ECT THE 18
POWERS, RESPONSIBILITIES OR ACTIONS OF THE COMMISSION. 19
(C) THE COMMISSION SHALL BE E NTITLED TO RECEIVE A LL SERVICE OF 20
PROCESS IN ANY SUCH PROCEEDING AND SHALL HAVE STANDING TO INTERVEN E IN 21
THE PROCEEDING FOR A LL PURPOSES . EXCEPT WHERE THE COMMISSION HAS 22
INTERVENED , FAILURE TO PROVIDE S ERVICE OF PROCESS TO THE COMMISSION 23
SHALL RENDER A JUDGM ENT OR ORDER VOID AS TO THE COMMISSION, THE 24
COMPACT OR PROMULGATE D RULES. 25
SECTION 13. ENFORCEMENT AND DEFAULT PROCEDURES 26
(A) THE COMMISSION, IN THE REASONABLE EX ERCISE OF ITS DISCRE TION, 27
SHALL ENFORCE THE PR OVISIONS AND RULES O F THE COMPACT. 28
(B) THE GROUNDS FOR DEFAU LT UNDER THIS COMPACT BY A MEMBER 29
STATE INCLUDE , BUT ARE NO T LIMITED TO, FAILURE OF A MEMBER STATE TO 30
PERFORM SUCH OBLIGAT IONS OR RESPONSIBILI TIES IMPOSED UPON IT BY THE 31
COMPACT OR BY THE RUL ES AND BYLAWS OF THE COMMISSION PROMULGATE D 32
UNDER THE COMPACT. 33
SENATE BILL 538 19
(C) IF THE COMMISSION DETERMINES THAT A MEMBER STATE HAS 1
DEFAULTED IN THE PERF ORMANCE OF ITS OBLIG ATIONS OR RESPONSIBI LITIES 2
UNDER THE COMPACT, OR THE BYLAWS OR PROMULGATED RULES, THE 3
COMMISSION SHALL : 4
(1) PROVIDE WRITTEN NOTI CE TO THE DEFAULTING STATE AND 5
OTHER MEMBER STATES OF THE NATURE OF THE DEFAULT , THE MEANS OF CURING 6
THE DEFAULT AND ANY ACTION TAKEN BY THE COMMISSION. THE COMMISSION 7
SHALL SPECIFY THE CO NDITIONS BY WHICH TH E DEFAULTING STATE M UST CURE 8
ITS DEFAULT; AND 9
(2) PROVIDE REMEDIAL TRA INING AND SPECIFIC T ECHNICAL 10
ASSISTANCE REGARDING THE DEFAUL T. 11
(D) IF THE DEFAULTING STA TE FAILS TO CURE THE DEFAULT, THE 12
DEFAULTING STATE SHA LL BE TERMINATED FRO M THE COMPACT UPON AN 13
AFFIRMATIVE VOTE OF A MAJORITY OF THE COMMISSIONERS AND ALL RIGHTS, 14
PRIVILEGES AND BENEF ITS CONFERRED BY THE COMPACT SHALL TERMINATE ON 15
THE EFFECTIVE DATE O F TERMINATION . A CURE OF THE DEFAULT DOES NOT 16
RELIEVE THE OFFENDIN G STATE OF OBLIGATIO NS OR LIABILITIES IN CURRED 17
DURING THE PERIOD OF THE DEFAULT . 18
(E) TERMINATION OF MEMBER SHIP IN THE COMPACT SHALL BE IMPO SED 19
ONLY AFTER A LL OTHER MEANS OF SE CURING COMPLIANCE HA VE BEEN 20
EXHAUSTED. NOTICE OF INTENT TO T ERMINATE SHALL BE GI VEN BY THE 21
COMMISSION TO THE GOVERNOR, THE MAJORITY AND MIN ORITY LEADERS OF THE 22
DEFAULTING STATE ’S LEGISLATURE AND EA CH OF THE MEMBER STATES. 23
(F) THE COMMISSION SHALL ESTABL ISH RULES AND PROCED URES TO 24
ADDRESS LICENSES AND COMPACT LICENSE PRIVILEGE HOLDERS THA T ARE 25
MATERIALLY IMPACTED BY THE TERMINATION O F A MEMBER STATE OR THE 26
WITHDRAWAL OF A MEMBER STATE. 27
(G) THE COMMISSION SHALL NOT BEAR ANY COSTS REL ATING TO ANY 28
STATE THAT HAS BEEN FOUND TO BE IN DEFAU LT OR WHICH HAS BEEN TERMINATED 29
FROM THE COMPACT, UNLESS OTHERWISE MUT UALLY AGREED UPON IN WRITING 30
BETWEEN THE COMMISSION AND THE DE FAULTING STATE . 31
(H) THE DEFAULTING STATE MAY APPEAL THE ACTIO N OF THE COMMISSION 32
BY PETITIONING THE S TATE COURT WHERE THE COMMISSION HAS ITS PR INCIPAL 33
OFFICES. THE PREVAILING PARTY SHALL BE AWARDED ALL COSTS OF SUCH 34
LITIGATION, INCLUDING REASONABLE ATTORNEYS’ FEES. 35
20 SENATE BILL 538
(I) THE COMMISSION SHALL NOT BEAR ANY COSTS RELAT ING TO ANY 1
STATE THAT HAS BEEN FOUND TO BE IN DEFAU LT OR WHICH HAS BEEN TERMINATED 2
FROM THE COMPACT, UNLESS OTHERWISE MUT UALLY AGREED UPON IN WRITING 3
BETWEEN THE COMMISSION AND THE DE FAULTING STATE . 4
(J) THE REMEDIES HEREIN S HALL NOT BE THE EXCL USIVE REMEDIES OF 5
THE COMMISSION. THE COMMISSION MAY AVAIL ITSELF OF ANY OTHER REMEDIES 6
AVAILABLE UNDER STAT E LAW OR THE REGULAT ION OF A PROFESSION . 7
SECTION 14. DISPUTE RESOLUTION 8
(A) THE COMMISSION SHALL ATTE MPT, UPON THE REQUEST OF A MEMBER 9
STATE DENTAL BOARD, TO RESOLVE DISPUTES WHICH ARE SUBJECT TO THE 10
COMPACT AND WHICH MAY ARISE AMONG MEMBER STATE DENTAL BOARDS. 11
(B) THE COMMISSION SHALL PROM ULGATE RULES PROVIDI NG FOR BOTH 12
MEDIATION AND VOLUNT ARY BINDING DISPUTE RESOLUTION, AS APPROPRIATE . 13
SECTION 15. MEMBER STATES, EFFECTIVE DATE, AND AMENDMENTS 14
(A) ANY STATE IS ELIGIBLE TO BECOME A MEMBER STATE OF THE 15
COMPACT. 16
(B) THE COMPACT SHALL BECOME EFFECTIVE AND BINDIN G UPON 17
LEGISLATIVE ENACTMEN T OF THE COMPACT INTO LAW BY N O LESS THAN FIVE (5) 18
STATES. THEREAFTER, IT SHALL BECOME EFFEC TIVE AND BINDING ON A STATE 19
UPON ENACTMENT OF TH E COMPACT INTO LAW BY T HAT STATE. 20
(C) THE GOVERNORS OF NON –MEMBER STATES , OR THEIR DESIGNEES , 21
SHALL BE INVITED TO PARTICIPATE IN THE A CTIVITIES OF THE COMMISSION ON A 22
NONVOTING BASIS PRIO R TO ADOPTION OF THE COMPACT BY ALL STATES . 23
(D) THE COMMISSION MAY PROPOS E AMENDMENTS TO THE COMPACT FOR 24
ENACTMENT BY THE MEMBER STATES. NO AMENDMENT SHALL BE COME EFFECTIVE 25
AND BINDING UPON THE COMMISSION AND THE MEMBER STATES UNLESS AND 26
UNTIL IT IS ENACTED INTO LAW BY UNANIMOU S CONSENT OF THE MEMBER STATES. 27
SECTION 16. WITHDRAWAL 28
(A) ONCE EFFECTIVE , THE COMPACT SHALL CONTINU E IN FORCE AND 29
REMAIN BINDING UPON EACH AND EVERY MEMBER STATE; PROVIDED, HOWEVER, 30
THAT A MEMBER STATE MAY WITHDRAW FR OM THE COMPACT AFTER GIVING 31 SENATE BILL 538 21
APPROPRIATE NOTICE B Y SPECIFICALLY REPEA LING THE STATUTE WHI CH ENACTED 1
THE COMPACT INTO L AW. 2
(B) THE LICENSEE’S COMPACT LICENSE PRIVILEGE SHALL REMAI N IN 3
EFFECT FOR SIX (6) MONTHS FROM THE DATE OF THE MEMBER STATE DENTAL 4
BOARD WITHDRAWAL . 5
(C) THE WITHDRAWING STATE SHALL IMMEDIATELY NO TIFY THE 6
CHAIRPERSON OF THE COMMISSION IN WRITING UPON THE INTRODUCTION OF 7
LEGISLATION REPEALIN G THE COMPACT BY THE WITHDR AWING STATE, AND UPON 8
THE ENACTMENT OF SUC H LEGISLATION. 9
(D) THE COMMISSION SHALL NOTI FY THE OTHER MEMBER STATES WITHIN 10
SIXTY (60) DAYS OF ITS RECEIPT OF NOTICE PROVIDED U NDER SECTION 16(C) OF 11
THIS SECTION. 12
(E) REINSTATEMENT FOLLOWI NG WITHDRAWAL OF A MEMBER STATE 13
SHALL OCCUR UPON THE WITHDRAWING STATE RE ENACTING THE COMPACT OR 14
UPON SUCH LATER DATE AS DETERMINED BY THE COMMISSION. 15
(F) THE COMMISSION SHALL ISSU E RULES TO ADDRESS T HE IMPACT OF 16
THE WITHDRAWAL OF A MEMBER STATE ON LICENSES GRANTED BY O THER 17
MEMBER STATES TO DENTISTS AN D DENTAL HYGIENISTS WHO DESIGNATED THE 18
WITHDRAWING MEMBER STATE AS THEIR HOME STATE. 19
SECTION 17. DISSOLUTION 20
(A) THE COMPACT SHALL DISSOLV E EFFECTIVE UPON THE DATE OF THE 21
WITHDRAWAL OR DEFAUL T OF THE MEMBER STATE WHICH REDUCES T HE 22
MEMBERSHIP IN THE COMPACT TO ONE (1) MEMBER STATE. 23
(B) UPON THE DISSOLUTION OF THE COMPACT, THE COMPACT SHALL 24
BECOME NULL AND VOID AND SHALL BE OF NO FURTH ER FORCE OR EFFECT , AND 25
THE BUSINESS AND AFF AIRS OF THE COMMISSION SHALL BE C ONCLUDED AND 26
SURPLUS FUNDS SHALL BE DISTRIBUTED IN AC CORDANCE WITH THE BYLAWS. 27
SECTION 18. SEVERABILITY AND CONSTRUCTION 28
(A) THE PROVISIONS OF THE COMPACT SHALL BE SEVE RABLE, AND IF ANY 29
PHRASE, CLAUSE, SENTENCE OR PROVISIO N IS DEEMED UNENFORC EABLE, THE 30
REMAINING PROVISIONS OF THE COMPACT SHALL BE ENFO RCEABLE. 31
22 SENATE BILL 538
(B) THE PROVISIONS OF THE COMPACT SHALL BE LIBE RALLY CONSTRUED 1
TO EFFECTUATE ITS PURPOS ES. 2
SECTION 19. BINDING EFFECT OF COMPACT AND OTHER LAWS 3
(A) NOTHING HEREIN PREVEN TS THE ENFORCEMENT O F ANY OTHER LAW 4
OF A MEMBER STATE THAT IS NOT INC ONSISTENT WITH THE COMPACT. 5
(B) ALL LAWFUL ACTIONS OF THE COMMISSION, INCLUDING ALL RULES 6
AND BYLAWS PROMULGATED BY THE COMMISSION, SHALL BE BINDING UPO N THE 7
MEMBER STATES. 8
(C) ALL AGREEMENTS BETWEE N THE COMMISSION AND THE MEMBER 9
STATES SHALL BE BINDI NG IN ACCORDANCE WIT H THEIR TERMS . 10
(D) IN THE EVENT ANY PROV ISION OF THE COMPACT EXCEEDS THE 11
CONSTITUTIONAL LIMIT S IMPOSED ON THE LEG ISLATURE OF ANY MEMBER STATE, 12
SUCH PROVISION SHALL BE INEFFECTIVE TO TH E EXTENT OF THE CONF LICT WITH 13
THE CONSTITUTIONAL P ROVISION IN QUESTION IN THAT MEMBER STATE. 14
SECTION 20. RULES OF ORDER 15
THE MOS T CURRENT EDITION OF THE AMERICAN INSTITUTE OF 16
PARLIAMENTARIANS STANDARD CODE OF PARLIAMENTARY PROCEDURE SHALL 17
GOVERN ALL MEETINGS OF THE COMMISSION, INCLUDING ITS COMMIT TEES, IN 18
THOSE SITUATIONS NOT OTHERWISE COVERED IN THE BYLAWS. 19
SECTION 2. AND BE IT FURTHER ENACTED, That this Act is contingent on the 20
enacting of substantially similar legislation in four other states. The Maryland Department 21
of Health shall notify the Department of Legislative Services within 10 days after four 22
states have enacted legislation that is substantially similar to this Act. 23
SECTION 3. AND BE IT FURTHER ENACTED, That, subject to Section 2 of this 24
Act, this Act shall take effect October 1, 2025. 25