Missouri 2025 Regular Session

Missouri Senate Bill SB109 Compare Versions

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Old	New	Differences
1	1
2	2	FIRST REGULAR SESSION
3	3	SENATE BILL NO. 109
4	4	103RD GENERAL ASSEMBLY
5	5	INTRODUCED BY SENATOR BROWN (16).
6	6	0784S.01I KRISTINA MARTIN, Secretary
7	7	AN ACT
8	8	To amend chapter 332, RSMo, by adding thereto one new section relating to licensure of dentists
9	9	and dental hygienists.
10	10
11	11	Be it enacted by the General Assembly of the State of Missouri, as follows:
12	12	Section A. Chapter 332, RSMo, is amended b y adding thereto 1
13	13	one new section, to be known as section 332.800, to read as 2
14	14	follows:3
15	15	332.800. The Interstate Dental and Dental Hygiene 1
16	16	Licensure Compact is hereby enacted into law and the 2
17	17	Governor shall enter into a Compact on behalf of the State 3
18	18	of Missouri with any jurisdiction legally joined therein, in 4
19	19	the form substantially as set forth in this Act. 5
20	20	Section 1. PURPOSE 6
21	21	This Compact shall be known as the Interstate Dental 7
22	22	and Dental Hygiene Licensure Compact and the purpose of the 8
23	23	Compact is to expedite licensure and increase access to 9
24	24	dental health care through licensure boards acting in 10
25	25	cooperation. The Compact adopts the existing structures 11
26	26	most utilized by Dental Boards across the United States, 12
27	27	while ensuring the safety of the public through the sharing 13
28	28	of documents and information. This Compact ensures that 14
29	29	each state retains the right to impose an adverse action on 15
30	30	a licensee as a home state or as a practicing state. Each 16
31	31	state has an opportunity to share investig ations and 17
32	32	information with the home state of licensure. The Compact 18 SB 109 2
33	33	is operated by state dental board members, administrators 19
34	34	and other staff, thus allowing for each state to maintain 20
35	35	its sovereignty. 21
36	36	The Compact: 22
37	37	(a) Allows for expedited licensure portability and 23
38	38	ease of movement of licensees between states; 24
39	39	(b) Allows each state to continue to regulate the 25
40	40	practice of dentistry and dental hygiene within its borders; 26
41	41	(c) Creates a common goal of protecting the public by 27
42	42	ensuring a uniform licensure standard and sharing of 28
43	43	information in the Compact; 29
44	44	(d) Allows for licensure in every participating state 30
45	45	by requiring passage of the uniform licensure examination 31
46	46	that assesses psychomotor and cognitive dental skills and is 32
47	47	currently accepted in fifty state (50) licensing 33
48	48	jurisdictions and United States territories; 34
49	49	(e) Gives licensees one (1) location to maintain 35
50	50	professional documentation to expedite license transfers in 36
51	51	states, hospitals or institutional crede ntialing; 37
52	52	(f) Facilitates a faster licensure process for 38
53	53	relocation or separation of military members and their 39
54	54	dependent spouses; there are no Compact fees for military 40
55	55	members or their spouses; 41
56	56	(g) Alleviates a duplicative process for lice nsure 42
57	57	among multiple states; and 43
58	58	(h) Saves applicants money by not having to obtain 44
59	59	duplicate documents from a source that charges for the 45
60	60	documents. 46
61	61	Section 2. DEFINITIONS 47
62	62	(a) "AADB" means the American Association of Dental 48
63	63	Boards (AADB) or its named successor, formerly known as the 49
64	64	American Association of Dental Examiners (AADE), originally 50 SB 109 3
65	65	chartered on September 10th, 1896 and renewed in 1944, 51
66	66	comprised of State Dental Boards in the United States and 52
67	67	its territories; 53
68	68	(b) "Attorneys' Committee" means the committee of 54
69	69	attorneys who currently represent a Member State Dental 55
70	70	Board. The Attorneys' Committee shall designate one of its 56
71	71	members to participate in the Commission as a non -voting 57
72	72	member. An attorney that has prev iously served as an 58
73	73	attorney for a Member State Dental Board may be invited on a 59
74	74	year-to-year basis to serve on the Attorneys' Committee if 60
75	75	they have not engaged in an official case against a State 61
76	76	Dental Board or have any other conflict of interest. The 62
77	77	Attorneys' Committee may assist the investigators in working 63
78	78	through joint investigation issues between states; 64
79	79	(c) "Active-duty military person or spouse" means a 65
80	80	Licensee in full-time active-duty status in the active 66
81	81	uniformed services of t he United States, including members 67
82	82	of the National Guard and Reserves. The legal spouse of the 68
83	83	military member must be recognized by the military unit as a 69
84	84	dependent while the service member is on active duty. 70
85	85	Spouses shall receive the same privileg es as military 71
86	86	members for the purpose of this Compact; 72
87	87	(d) "Active Investigation" means an active 73
88	88	investigation potentially resulting in formal allegations or 74
89	89	charges precipitating a judicial process by a State Dental 75
90	90	Board, oversight agency, or other law enforcement entity; 76
91	91	(e) "Adverse Action" means an order issued by a State 77
92	92	Dental Board or reported to the clearinghouse pursuant to 78
93	93	the Commission's Bylaws and rules that disciplines a 79
94	94	Licensee. Adverse Action includes, and is not limi ted to, 80
95	95	the suspension, limiting, or revocation of a License or 81
96	96	Compact License Privilege; the imposition of fees and 82 SB 109 4
97	97	sanctions; and any temporary emergency order that may be 83
98	98	later withdrawn by a Board; 84
99	99	(f) "ADEX examination" means the initial li censure 85
100	100	examinations developed by the American Board of Dental 86
101	101	Examiners, Inc. or its successor; 87
102	102	(g) "Bylaws" means the bylaws passed by the Commission 88
103	103	or its named successor commission; 89
104	104	(h) "Clearinghouse" means the clearinghouse and 90
105	105	databank that houses prior Adverse Action documentations, 91
106	106	orders and denials of licensure or permits from State Dental 92
107	107	Boards that is administered by the AADB or its successor; 93
108	108	(i) "CODA" means the Commission on Dental 94
109	109	Accreditation or its successor as approved by the United 95
110	110	States Department of Education; 96
111	111	(j) "Commission" means the Interstate Dental and 97
112	112	Dental Hygiene Compact Licensure Commission created pursuant 98
113	113	to Section 3 of this Act; 99
114	114	(k) "Commissioners" means the two (2) members cho sen 100
115	115	by each Member State Dental Board to serve as the voting 101
116	116	members of the Commission; 102
117	117	(l) "Compact" means the Interstate Dental and Dental 103
118	118	Hygiene Licensure Compact created pursuant to Section 3 of 104
119	119	this Act; 105
120	120	(m) "Compact License Privilege " means the expedited 106
121	121	dental or dental hygiene license to practice in a Member 107
122	122	State that is not the Licensee's Home State; 108
123	123	(n) "Conviction" means an adjudication or formal 109
124	124	judgment by a court that an individual is guilty through a 110
125	125	plea of guilty or no contest, or a finding of guilt by the 111
126	126	court. Evidence of a conviction of a criminal offense by 112
127	127	the court shall be considered final for the purposes of 113 SB 109 5
128	128	considering or imposing disciplinary action by a Member 114
129	129	State Dental Board; 115
130	130	(o) "Criminal background check" means a criminal 116
131	131	background check using the results of fingerprint or other 117
132	132	biometric data checks compliant with the requirements of the 118
133	133	Federal Bureau of Investigation, with the exception of 119
134	134	federal employees who have suitability determination in 120
135	135	accordance with 5 C.F.R. 731.202; 121
136	136	(p) "Dental hygienist" means any person who: 122
137	137	1. Has successfully graduated from a CODA -approved 123
138	138	dental hygiene school; 124
139	139	2. Has successfully passed the ADEX dental hygiene 125
140	140	licensure examination; or has been in practice five (5) 126
141	141	years or more and has successfully passed a Regional Board 127
142	142	Examination or equivalent state -administered psychomotor 128
143	143	licensure examination prior to January 1, 2024; 129
144	144	3. Has successfully passed the written na tional dental 130
145	145	hygiene board examination administered by the Joint 131
146	146	Commission on National Dental Examinations; 132
147	147	4. Possesses a full and unrestricted dental hygiene 133
148	148	license issued by a Member State; 134
149	149	5. Has never been convicted or received adjud ication, 135
150	150	deferred adjudication, community supervision or deferred 136
151	151	disposition for any offense (other than traffic offenses) by 137
152	152	a court of appropriate jurisdiction; 138
153	153	6. Has never been a subject of discipline by a 139
154	154	Licensing Agency through any Advers e Action, order, or other 140
155	155	restriction of the Licensee by a Licensing Agency, with the 141
156	156	exception of failure to pay fees or failure to complete 142
157	157	continuing education; 143 SB 109 6
158	158	7. Is not currently under Active Investigation by a 144
159	159	Licensing Agency or law enforc ement authority in any state, 145
160	160	federal or foreign jurisdiction; and 146
161	161	8. Meets any jurisprudence requirement established by 147
162	162	a Member State Dental Board in which a Licensee is seeking a 148
163	163	Compact License Privilege; 149
164	164	(q) "Dental Practice Act" means the laws and 150
165	165	regulations governing the practice of dentistry within a 151
166	166	Member State; 152
167	167	(r) "Dentist" means any person who: 153
168	168	1. Has successfully graduated from a CODA -approved 154
169	169	dental school; 155
170	170	2. Has successfully passed the ADEX dental licens ure 156
171	171	exam; or has been in practice five (5) years or more and has 157
172	172	successfully passed a Regional Board Examination or 158
173	173	equivalent state-administered psychomotor licensure 159
174	174	examination prior to January 1, 2024; 160
175	175	3. Has successfully passed the written National Dental 161
176	176	Board Exam administered by the Joint Commission on National 162
177	177	Dental Examinations; 163
178	178	4. Possesses a full and unrestricted dental license 164
179	179	issued by a Member State Dental Board; 165
180	180	5. Has never been convicted or received adjudication, 166
181	181	deferred adjudication, community supervision, or deferred 167
182	182	disposition for any offense (other than traffic offenses) by 168
183	183	a court of appropriate jurisdiction; 169
184	184	6. Has never been a subject of discipline by a 170
185	185	Licensing Agency through any Adverse Actio n, order, or other 171
186	186	restriction of the Licensee by a Licensing Agency, with the 172
187	187	exception of failure to pay fees or failure to complete 173
188	188	continuing education; 174 SB 109 7
189	189	7. Has never had a state or federal drug registration, 175
190	190	permit, or license restricted, sus pended, or revoked by the 176
191	191	United States Drug Enforcement Administration or any 177
192	192	Licensing Agency that oversees scheduled drug registrations; 178
193	193	8. Is not currently under Active Investigation by a 179
194	194	Licensing Agency or law enforcement authority in any st ate, 180
195	195	federal or foreign jurisdiction; and 181
196	196	9. Meets any jurisprudence requirement established by 182
197	197	a Member State Dental Board in which a Licensee is seeking a 183
198	198	Compact License Privilege; 184
199	199	(s) "Home State" means the state of primary licensure 185
200	200	of a Licensee; 186
201	201	(t) "License" means the authorization by a Licensing 187
202	202	Authority for a dentist or dental hygienist to engage in the 188
203	203	unrestricted practice of dentistry or dental hygiene, which 189
204	204	would be unlawful without such license; 190
205	205	(u) "Licensee" means a Dentist or Dental Hygienist who 191
206	206	holds an unrestricted License to practice as a dentist or 192
207	207	dental hygienist; 193
208	208	(v) "Licensing Agency" means the agency or other 194
209	209	entity of a State that is responsible for the licensing of 195
210	210	Dentists and Dental H ygienists. If a Member State Dental 196
211	211	Board has such responsibility, it shall be deemed a 197
212	212	Licensing Agency; 198
213	213	(w) "Member State Dental Board" means a state agency 199
214	214	in a Member State that protects the public through 200
215	215	licensure, regulation, and the educ ation of dentists and 201
216	216	dental hygienists, as directed by the state law. All 202
217	217	actions taken by a Member State Dental Board shall be under 203
218	218	the authority of the laws of its State and any other rights 204
219	219	conferred under this Compact; 205 SB 109 8
220	220	(x) "Member State" means a state, the District of 206
221	221	Columbia, or any other United States territory that has 207
222	222	enacted the Compact; 208
223	223	(y) "Regional Board Examination" means initial 209
224	224	licensure examinations administered by the Western Regional 210
225	225	Examining Board (WREB), the Nort h East Regional Board of 211
226	226	Dental Examiners (NERB), the Commission on Dental Competency 212
227	227	Assessments (CDCA), Council of Interstate Testing Agencies 213
228	228	(CITA), Southern Regional Testing Agency (SRTA), or Central 214
229	229	Regional Dental Testing Services (CRDTS) that a ssess 215
230	230	psychomotor skills; 216
231	231	(z) "Repository" means the repository of original 217
232	232	documents of a Licensee that may include original 218
233	233	transcripts, certification documents, test scores, military 219
234	234	training records, previous or current licensing documents 220
235	235	and other sources of materials needed for applications and 221
236	236	verification administered by the AADB or its successor. The 222
237	237	Repository shall receive documents from primary or 223
238	238	originating sources and/or verify their authenticity; 224
239	239	(aa) "Scope of practice" means the dental-related 225
240	240	procedures that require a License, permit, or training, to 226
241	241	undertake the treatment and procedure to be completed on a 227
242	242	patient within the Member State's requirements; 228
243	243	(bb) "State" means a state within the United States or 229
244	244	a United States Territory; and 230
245	245	(cc) "State jurisprudence" means the knowledge of a 231
246	246	Member State's laws and rules of dentistry and dental 232
247	247	hygiene. 233
248	248	Section 3. COMPACT AND COMMISSION 234
249	249	(a) The Member States hereby create the Interstate 235
250	250	Dental and Dental Hygiene Licensure Compact and the 236
251	251	Commission. Each Member State must enact a compact that is 237 SB 109 9
252	252	not materially different from this Compact, as determined by 238
253	253	the Commission. 239
254	254	(b) Each Member State Dental Board shall have two (2) 240
255	255	voting members who shall serve as Commissioners. Each 241
256	256	Commissioner shall have one (1) vote. Member States with 242
257	257	separate dental and dental hygiene Licensing Agencies shall 243
258	258	appoint one (1) Commissioner from each licensing agency. 244
259	259	One Commissioner shall be a current member of a Member State 245
260	260	Dental Board. Commissioners may not delegate votes or vote 246
261	261	by proxy, however, if a Commissioner is unable to attend, 247
262	262	the Member State may substitute a Commissioner who meets the 248
263	263	same requirements. 249
264	264	(c) Upon five (5) states joining the Compact, the 250
265	265	Compact shall become active. The Commission shall adopt 251
266	266	Bylaws upon becoming active. 252
267	267	(d) The Commission shall meet at least once per 253
268	268	calendar year (the "Annual Meeting") and at additional times 254
269	269	as necessary pursuant to the Bylaws and rules. 255
270	270	(e) At each Annual Meeting, the Commission shall elect 256
271	271	a Chair, Vice Chair, Secretary, and Treasurer from the 257
272	272	membership of the Commission (the "Officers"). The Officers 258
273	273	shall be members of the Commission's Execut ive Committee 259
274	274	(the "Executive Committee"). The Commission shall also 260
275	275	elect representatives from four (4) regional districts 261
276	276	established by the Commission to serve on the Executive 262
277	277	Committee. All Officers and Executive Committee 263
278	278	representatives shall serve one (1)-year terms. 264
279	279	(f) Quorum for purposes of conducting business shall 265
280	280	be a majority of Commissioners attending in person or 266
281	281	virtually. 267 SB 109 10
282	282	(g) The Commission shall provide notice of all 268
283	283	meetings on its website and in other communicatio ns to 269
284	284	Member State Dental Boards. 270
285	285	(h) A vote of two-thirds (2/3) of the Commissioners 271
286	286	present shall be required for an executive session to 272
287	287	discuss: 273
288	288	(1) Items specifically related to participation in a 274
289	289	lawsuit or in anticipation of a legal proceeding; 275
290	290	(2) Matters specifically exempted from disclosure by 276
291	291	federal statute; 277
292	292	(3) Information or matters involving law enforcement 278
293	293	agencies or information that accuses a person of a crime or 279
294	294	a public censure; 280
295	295	(4) Discussions that would include information of a 281
296	296	personal nature that would constitute an unwarranted 282
297	297	invasion of personal privacy; 283
298	298	(5) Anything considered internal practices and 284
299	299	procedures or a trade secret; 285
300	300	(6) Other items described in the Commission Bylaws 286
301	301	allowing for executive sessions to be called; or 287
302	302	(7) Advice of Legal Counsel. 288
303	303	(i) The Commission shall keep minutes and make them 289
304	304	available to all Member States. 290
305	305	(j) The Commission may establish other committees as 291
306	306	needed. 292
307	307	(k) The Commission shall prepare an annual report that 293
308	308	shall be made available to the legislatures and governors of 294
309	309	the Member States. The annual report shall describe the 295
310	310	activities of the Commission during the preceding calendar 296
311	311	year. Such reports shall also include reports of the annual 297
312	312	financial audit and any actions taken by or rules that were 298
313	313	adopted by the Commission. 299 SB 109 11
314	314	Section 4. DUTIES OF COMPACT MEMBER STATES 300
315	315	(a) Member States shall submit to the Clearinghouse 301
316	316	all Member State Dental Board actions and other documents 302
317	317	and data as determined by the Commission; 303
318	318	(b) Member States shall notify the Commission of any 304
319	319	Adverse Action taken by the Member State Dental Board, any 305
320	320	Active Investigation by the Member State Dental Board, any 306
321	321	Active Investigation involving pending criminal charges, or 307
322	322	other circumstance as determined by the Commission; 308
323	323	(c) Any Adverse Action, order, restriction or denial 309
324	324	of a license or permit on a Licensee or Compact License 310
325	325	Privilege holder shall be reported to the Clearinghouse by 311
326	326	the Member State Dental Board; 312
327	327	(d) Member State Dental Boards may submit to the 313
328	328	Clearinghouse nonpublic complaints, or disciplinary or 314
329	329	investigatory information not required by Section 4(c). All 315
330	330	investigatory material shall be considered confidential and 316
331	331	not part of a public record unless otherwise specifically 317
332	332	required by state statute; 318
333	333	(e) Member States shall accept continuing education 319
334	334	credits as required or recognized by any other Member State; 320
335	335	(f) Documents in the Repository shall be treated by a 321
336	336	Member State as the equivalent of a primary or original 322
337	337	source document for licensure; 323
338	338	(g) Member States shall accept a standardized 324
339	339	application for a Compact License Privilege. The 325
340	340	standardized application shall be established by the rules 326
341	341	enacted by the Commission; 327
342	342	(h) Member States may agree to share information 328
343	343	regarding ongoing investigations and actions, including 329
344	344	joint investigations between states. All investigatory 330
345	345	material shall be considered confidential and not part of a 331 SB 109 12
346	346	public record unless otherwise specifically required by 332
347	347	state statute; and 333
348	348	(i) As part of the Compact enforcement, participating 334
349	349	Member States may issue subpoenas and seek testimony of 335
350	350	witnesses, which subpoenas shall be enforced in other Member 336
351	351	States and enforced by a court of competent jurisdiction 337
352	352	where the witnesses or evidence is located. 338
353	353	Section 5. POWERS AND DUTIES OF THE COMMISSION 339
354	354	(a) The Commission shall have the duty an d power to: 340
355	355	(1) Oversee and maintain the administration of the 341
356	356	Compact, including the organizational needs, the financial 342
357	357	activities, the hiring of personnel and ongoing activities 343
358	358	or needs of the Commission; 344
359	359	(2) Promulgate Bylaws and rules to operate the Compact 345
360	360	and the Commission; 346
361	361	(3) Establish a budget and make expenditures; 347
362	362	(4) Have an annual financial audit performed by an 348
363	363	independent certified public accounting firm; 349
364	364	(5) Issue, upon the request of a Member State Dent al 350
365	365	Board, advisory opinions concerning the meaning or 351
366	366	interpretation of the Compact and its Bylaws, rules, and 352
367	367	actions; 353
368	368	(6) Enforce compliance with Compact provisions, the 354
369	369	rules promulgated by the Commission, and the Bylaws, using 355
370	370	all necessary and proper means, including but not limited to 356
371	371	the use of judicial process; 357
372	372	(7) Hold an Annual Meeting for the Commission where 358
373	373	the elections of the Executive Committee and other issues 359
374	374	may be discussed and voted on; 360
375	375	(8) Establish personnel policies and programs relating 361
376	376	to conflicts of interest, and the rates of compensation and 362
377	377	qualifications of personnel; 363 SB 109 13
378	378	(9) Accept donations and grants of money, equipment, 364
379	379	supplies, materials and services, and to receive, utilize 365
380	380	and dispose of them in a manner consistent with the conflict - 366
381	381	of-interest policies established by the Commission; 367
382	382	(10) Report annually to the legislatures and governors 368
383	383	of the Member State Dental Boards concerning the activities 369
384	384	of the Commission during the prece ding calendar year. Such 370
385	385	reports shall also include reports of annual financial 371
386	386	audits, all actions of the Commission, rules adopted by the 372
387	387	Commission, and any recommendations by the Commission; and 373
388	388	(11) Coordinate education, training and public 374
389	389	awareness regarding the Compact, its implementation, and its 375
390	390	operation. 376
391	391	(b) The Executive Committee shall have the power to 377
392	392	act on behalf of the Commission, with the exception of 378
393	393	rulemaking, during periods when the Commission is not in 379
394	394	session. When acting on behalf of the Commission, the 380
395	395	Executive Committee shall oversee the administration of the 381
396	396	Compact, including enforcement of and compliance with the 382
397	397	Compact. 383
398	398	(c) The officers and employees of the Commission shall 384
399	399	be immune from suit and liability, either personally or in 385
400	400	their official capacity, for a claim for damage to or loss 386
401	401	of property or personal injury or other civil liability 387
402	402	caused or arising out of, or relating to, an actual or 388
403	403	alleged act, error or omission that occur red, or that such 389
404	404	person had a reasonable basis for believing occurred, within 390
405	405	the scope of Commission employment, duties or 391
406	406	responsibilities; provided, that such person shall not be 392
407	407	protected from suit or liability for damage, loss, injury or 393
408	408	liability caused by the intentional or willful and wanton 394
409	409	misconduct of such person. 395 SB 109 14
410	410	(d) The liability of the executive director and 396
411	411	employees of the Commission or representatives of the 397
412	412	Commission, acting within the scope of such person's 398
413	413	employment or duties for acts, errors or omissions occurring 399
414	414	within such person's state may not exceed the limits of 400
415	415	liability set forth under the constitution and laws of that 401
416	416	state for state officials, employees and agents. The 402
417	417	Commission shall be considered to be an instrumentality of 403
418	418	the states for the purposes of any such action. Nothing in 404
419	419	this subsection shall be construed to protect such person 405
420	420	from suit or liability for damage, loss, injury or liability 406
421	421	caused by the intentional or willful and wanton misconduct 407
422	422	of such person. 408
423	423	(e) The Commission shall defend the Commission's 409
424	424	executive director, its employees, and, subject to the 410
425	425	approval of the attorney general or other appropriate legal 411
426	426	counsel of the Member State represented by a Commission 412
427	427	representative, shall defend such Commission representative 413
428	428	in any civil action seeking to impose liability arising out 414
429	429	of an actual or alleged act, error or omission that occurred 415
430	430	within the scope of Commission employment, duties or 416
431	431	responsibilities, or that the defendant had a reasonable 417
432	432	basis for believing occurred within the scope of Commission 418
433	433	employment, duties or responsibilities, provided that the 419
434	434	actual or alleged act, error or omission did not result from 420
435	435	intentional or willful and wanto n misconduct on the part of 421
436	436	such person. 422
437	437	(f) To the extent not covered by the state involved, 423
438	438	Member State, or the Commission, the representatives or 424
439	439	employees of the Commission shall be held harmless by the 425
440	440	Commission in the amount of a settleme nt or judgment, 426
441	441	including attorney fees and costs, obtained against such 427 SB 109 15
442	442	persons arising out of an actual or alleged act, error or 428
443	443	omission that occurred within the scope of Commission 429
444	444	employment, duties or responsibilities, or that such persons 430
445	445	had a reasonable basis for believing occurred within the 431
446	446	scope of Commission employment, duties or responsibilities, 432
447	447	provided that the actual or alleged act, error or omission 433
448	448	did not result from intentional or willful and wanton 434
449	449	misconduct on the part of s uch persons. 435
450	450	Section 6. APPLICATION, ELIGIBILITY, AND ISSUANCE OF 436
451	451	COMPACT LICENSE PRIVILEGE TO A MEMBER STATE 437
452	452	(a) A dentist or dental hygienist applying for Compact 438
453	453	License Privileges shall meet the requirements of a Dentist 439
454	454	as listed in Section (2)(r) of this Compact or a Dental 440
455	455	Hygienist as listed in Section (2)(p) of this Compact and 441
456	456	hold a current License in a Member State under this Compact. 442
457	457	(b) Each Dentist or Dental Hygienist shall designate a 443
458	458	Home State of licensure. The Home State shall be determined 444
459	459	by: 445
460	460	(1) The State of primary residence for the Dentist or 446
461	461	Dental Hygienist, where twenty -five percent (25%) of their 447
462	462	practice within one year occurs. An active-duty military 448
463	463	member or their spouse may choose a Home St ate as designated 449
464	464	with the military but are not required to meet the 450
465	465	requirement of twenty -five percent (25%) practice being 451
466	466	within their Home State; or 452
467	467	(2) If no State qualifies under Section 6(b)(1), then 453
468	468	the State that the Dentist or Dental Hy gienist listed as 454
469	469	their state of residence on the previous year's federal tax 455
470	470	return. 456
471	471	(c) A Dentist or Dental Hygienist may redesignate a 457
472	472	Home State no more than one time in a calendar year if the 458
473	473	qualifications of a Home State are met. 459 SB 109 16
474	474	(d) A Dentist or Dental hygienist seeking a Compact 460
475	475	License Privilege (the "Applicant") shall apply to their 461
476	476	Home State Dental Board for a letter stating that the 462
477	477	Applicant is eligible for Compact License Privileges. 463
478	478	(e) The Home State Dental Board s hall determine the 464
479	479	eligibility of an application for a Compact License 465
480	480	Privilege and shall issue a letter of approval or denial of 466
481	481	the application for a Compact License Privilege. 467
482	482	(f) The letter from the Applicant's Home State Dental 468
483	483	Board approving the application shall be submitted to the 469
484	484	Member State Dental Board for the Member State in which the 470
485	485	Applicant proposes to practice, and shall include: (i) the 471
486	486	Compact application packet; (ii) authorization to seek 472
487	487	access to the Applicant's Reposi tory documents; (iii) any 473
488	488	additional information that may be required by the proposed 474
489	489	Compact License Privilege state; and (iv) any required 475
490	490	fees. The Member State Dental Board shall review the 476
491	491	application to confirm compliance with the Member State's 477
492	492	laws and regulations. Following such review, if the Member 478
493	493	State Dental Board approves the application, it shall issue 479
494	494	a Compact License Privilege from the proposed Member State 480
495	495	to the Applicant. 481
496	496	(g) Appeals of a denial of a Compact License Pri vilege 482
497	497	application shall be filed with the Member State Dental 483
498	498	Board making such determination, and shall be filed within 484
499	499	thirty (30) dates of the date of the denial. 485
500	500	(h) A Licensee holding a Compact License Privilege 486
501	501	shall notify the Commission within ten (10) business days of 487
502	502	any Adverse Action taken against a License held in a state 488
503	503	that is not a Member State. 489
504	504	(i) A Compact License Privilege may be revoked, 490
505	505	suspended or limited by the issuing Member State Dental 491 SB 109 17
506	506	Board if at any time t he Licensee's Home State license is 492
507	507	revoked, suspended or limited. 493
508	508	(j) The Commission shall issue rules on the duration 494
509	509	of a Compact License Privilege, the application and renewal 495
510	510	process for a Compact License Privilege, and any application 496
511	511	fees. 497
512	512	(k) Eligibility or ineligibility to receive a Compact 498
513	513	License Privilege shall not limit the ability of a Licensee 499
514	514	to seek a state license through the regular process outside 500
515	515	of the Compact. 501
516	516	Section 7. JURISDICTION OVER COMPACT LICENSE PRIVI LEGE 502
517	517	HOLDERS 503
518	518	(a) Each Licensee holding a Compact License Privilege 504
519	519	shall be subject to and comply with the laws and regulations 505
520	520	of the Member State in which such Licensee practices under a 506
521	521	Compact License Privilege. 507
522	522	(b) Each Licensee holdin g a Compact License Privilege 508
523	523	shall be subject to the jurisdiction and authority of the 509
524	524	Member State Dental Board of the state in which such 510
525	525	Licensee practices, as if they held a license issued from 511
526	526	such Member State Dental Board. Such Compact License 512
527	527	Privilege holder shall be deemed a "Licensee" of the Member 513
528	528	State Dental Board for purposes of such board taking an 514
529	529	Adverse Action. 515
530	530	(c) Each Licensee holding a Compact License Privilege 516
531	531	shall list a current address with the Commission that shall 517
532	532	serve as their official address of service. 518
533	533	(d) A Licensee holding a Compact License Privilege may 519
534	534	have an Adverse Action taken against them by: 520
535	535	(1) The Member State Dental Board of the Member State 521
536	536	in which they are practicing with a Compa ct License 522
537	537	Privilege; 523 SB 109 18
538	538	(2) The Licensee's Home State; or 524
539	539	(3) The State Licensing Authority of a State that is 525
540	540	not a Member State from which the Licensee holds a License. 526
541	541	(e) A Home State may take an Adverse Action against 527
542	542	the holder of a Compact License Privilege, regardless of 528
543	543	where the actions giving rise to the Adverse Action occurred. 529
544	544	(f) Any Member State in which the Compact Licensee 530
545	545	holds a Compact License Privilege may investigate an 531
546	546	allegation of a violation of the laws and rules of the 532
547	547	practice of dentistry or dental hygiene in any other State 533
548	548	where the Compact Licensee holds a Compact License Privilege. 534
549	549	Section 8. FEES AND MILITARY WAIVER 535
550	550	(a) The Commission shall issue rules regarding the use 536
551	551	of the Repository by each holder of a Compact License 537
552	552	Privilege. 538
553	553	(b) A Member State Dental Board issuing a Compact 539
554	554	License Privilege authorizing practice in its State may 540
555	555	impose a fee for a Compact License Privilege, for either 541
556	556	initial issuance or any renewa l. 542
557	557	(c) No Compact fee shall be required of any active - 543
558	558	duty military member and/or their spouse up to one (1) year 544
559	559	after separation from the service. Each Member State 545
560	560	issuing a Compact License Privilege may waive fees for 546
561	561	active-duty military and/or their spouse as required by each 547
562	562	individual state statute. 548
563	563	(d) Active-duty military may transfer military 549
564	564	training records to the Repository without a fee. 550
565	565	Section 9. JOINT INVESTIGATIONS AND DISCIPLINARY 551
566	566	ACTIONS 552
567	567	(a) Each Member State shall name a point of contact 553
568	568	for joint investigations between Member State Dental Boards. 554 SB 109 19
569	569	(b) Member State Dental Boards may participate with 555
570	570	other Member State Dental Boards in joint investigations of 556
571	571	Licensees that are subject to this Comp act. 557
572	572	(c) Member State Dental Boards may share 558
573	573	investigative, litigation or other materials in furtherance 559
574	574	of any joint or individual investigation of a Compact 560
575	575	License Privilege holder. 561
576	576	(d) A subpoena issued by a Member State or Member 562
577	577	State Dental Board shall be enforceable in other Member 563
578	578	States as allowed by law. 564
579	579	(e) If a Compact License Privilege holder has an 565
580	580	Adverse Action taken against them by any Member State Dental 566
581	581	Board, the Compact License Privilege holder shall 567
582	582	automatically be subject to similar discipline by other 568
583	583	Member State Dental Boards. 569
584	584	(f) If a Compact License Privilege holder has an 570
585	585	Adverse Action taken against their Home State license, 571
586	586	including being revoked, surrendered, or relinquished in 572
587	587	lieu of discipline or suspended, then automatically all 573
588	588	other Compact License Privileges shall be placed in the same 574
589	589	status. The Home State Dental Board shall notify the 575
590	590	Commission and the Commission shall issue a notice to all 576
591	591	Member State Dental Boards of su ch Adverse Action. 577
592	592	(g) If discipline or an Adverse Action is taken 578
593	593	against a Compact License Privilege holder in a Member 579
594	594	State, the Member State Board shall notify the Commission 580
595	595	and the Home State of the Compact License Privilege holder. 581
596	596	The Home State may deem the action conclusive as a matter of 582
597	597	law and fact and may: 583
598	598	(1) Impose the same or lesser sanction consistent with 584
599	599	the Home State's laws; or 585 SB 109 20
600	600	(2) Pursue separate actions against the Compact 586
601	601	License Privilege holder under its laws, regardless of the 587
602	602	sanctions pursued by the Member State Dental Board. 588
603	603	Section 10. OTHER REQUESTS FOR INFORMATION FROM THE 589
604	604	REPOSITORY AND THE CLEARINGHOUSE 590
605	605	(a) Insurance companies and entities verifying 591
606	606	documents for the purpose of lic enses extended to a Dentist 592
607	607	or Dental Hygienist may seek information from the 593
608	608	Clearinghouse for public record documents; 594
609	609	(b) A Dentist or Dental Hygienist may submit a request 595
610	610	to the Commission to allow any hiring employer, entity, or 596
611	611	insurance company to access documents from the Repository 597
612	612	for the purposes of credentialing, licensing or other 598
613	613	privileges; 599
614	614	(c) The Commission shall set a fee schedule for these 600
615	615	services. 601
616	616	Section 11. RULEMAKING FUNCTIONS OF THE COMMISSION 602
617	617	(a) The Commission shall promulgate reasonable rules 603
618	618	in order to effectively and efficiently implement and 604
619	619	achieve the purposes and administration of the Compact. 605
620	620	Notwithstanding the foregoing, in the event the Commission 606
621	621	exercises its rulemaking authority i n a manner that is 607
622	622	beyond the scope of the purposes of the Compact or the 608
623	623	powers granted hereunder, then such an action by the 609
624	624	Commission may be determined to be invalid and have no force 610
625	625	or effect. 611
626	626	(b) Rules validly issued by the Commission shal l have 612
627	627	the force of law in each Member State. 613
628	628	(c) Rules deemed appropriate for the operations of the 614
629	629	Commission shall be made pursuant to a rulemaking process 615
630	630	that substantially conforms to the Model State 616 SB 109 21
631	631	Administrative Procedure Act of 2010, an d subsequent 617
632	632	amendments thereto. 618
633	633	Section 12. OVERSIGHT OF THE COMPACT 619
634	634	(a) The executive, legislative, and judicial branches 620
635	635	of state government in each Member State shall enforce the 621
636	636	Compact and shall take all actions necessary and appropria te 622
637	637	to effectuate the Compact's purposes and intent to allow for 623
638	638	expedited licensure for the purpose of mobility. The 624
639	639	provisions of the Compact and the rules promulgated 625
640	640	hereunder shall have standing as statutory law but shall not 626
641	641	override existing st ate authority to regulate the practice 627
642	642	of dentistry and dental hygiene. 628
643	643	(b) All courts may take judicial notice of the Compact 629
644	644	and the rules in any judicial or administrative proceeding 630
645	645	in a Member State pertaining to the subject matter of the 631
646	646	Compact which may affect the powers, responsibilities or 632
647	647	actions of the Commission. 633
648	648	(c) The Commission shall be entitled to receive all 634
649	649	service of process in any such proceeding and shall have 635
650	650	standing to intervene in the proceeding for all purposes . 636
651	651	Except where the Commission has intervened, failure to 637
652	652	provide service of process to the Commission shall render a 638
653	653	judgment or order void as to the Commission, the Compact or 639
654	654	promulgated rules. 640
655	655	Section 13. ENFORCEMENT AND DEFAULT PROCEDURES 641
656	656	(a) The Commission, in the reasonable exercise of its 642
657	657	discretion, shall enforce the provisions and rules of the 643
658	658	Compact. 644
659	659	(b) The grounds for default under this Compact by a 645
660	660	Member State include, but are not limited to, failure of a 646
661	661	Member State to perform such obligations or responsibilities 647 SB 109 22
662	662	imposed upon it by the Compact or by the rules and Bylaws of 648
663	663	the Commission promulgated under the Compact. 649
664	664	(c) If the Commission determines that a Member State 650
665	665	has defaulted in the performance of its obligations or 651
666	666	responsibilities under the Compact, or the Bylaws or 652
667	667	promulgated rules, the Commission shall: 653
668	668	(1) Provide written notice to the defaulting state and 654
669	669	other Member States of the nature of the default, the means 655
670	670	of curing the default and any action taken by the 656
671	671	Commission. The Commission shall specify the conditions by 657
672	672	which the defaulting state must cure its default; and 658
673	673	(2) Provide remedial training and specific technical 659
674	674	assistance regarding the default. 660
675	675	(d) If the defaulting state fails to cure the default, 661
676	676	the defaulting state shall be terminated from the Compact 662
677	677	upon an affirmative vote of a majority of the Commissioners 663
678	678	and all rights, privileges and benefits conferred by the 664
679	679	Compact shall terminate on the effective date of 665
680	680	termination. A cure of the default does not relieve the 666
681	681	offending state of obligations or liabilities incurred 667
682	682	during the period of the default. 668
683	683	(e) Termination of membership in the Compact shall be 669
684	684	imposed only after all othe r means of securing compliance 670
685	685	have been exhausted. Notice of intent to terminate shall be 671
686	686	given by the Commission to the Governor, the majority and 672
687	687	minority leaders of the defaulting state's legislature and 673
688	688	each of the Member States. 674
689	689	(f) The Commission shall establish rules and 675
690	690	procedures to address licenses and Compact License Privilege 676
691	691	holders that are materially impacted by the termination of a 677
692	692	Member State or the withdrawal of a Member State. 678 SB 109 23
693	693	(g) The Commission shall not bear any co sts relating 679
694	694	to any state that has been found to be in default or which 680
695	695	has been terminated from the Compact, unless otherwise 681
696	696	mutually agreed upon in writing between the Commission and 682
697	697	the defaulting state. 683
698	698	(h) The defaulting state may appeal th e action of the 684
699	699	Commission by petitioning the state court where the 685
700	700	Commission has its principal offices. The prevailing party 686
701	701	shall be awarded all costs of such litigation, including 687
702	702	reasonable attorneys' fees. 688
703	703	(i) The Commission shall not bear any costs relating 689
704	704	to any state that has been found to be in default or which 690
705	705	has been terminated from the Compact, unless otherwise 691
706	706	mutually agreed upon in writing between the Commission and 692
707	707	the defaulting state. 693
708	708	(j) The remedies herein shall n ot be the exclusive 694
709	709	remedies of the Commission. The Commission may avail itself 695
710	710	of any other remedies available under state law or the 696
711	711	regulation of a profession. 697
712	712	Section 14. DISPUTE RESOLUTION 698
713	713	(a) The Commission shall attempt, upon the req uest of 699
714	714	a Member State Dental Board, to resolve disputes which are 700
715	715	subject to the Compact and which may arise among Member 701
716	716	State Dental Boards. 702
717	717	(b) The Commission shall promulgate rules providing 703
718	718	for both mediation and voluntary binding dispute r esolution, 704
719	719	as appropriate. 705
720	720	Section 15. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT 706
721	721	(a) Any state is eligible to become a Member State of 707
722	722	the Compact. 708
723	723	(b) The Compact shall become effective and binding 709
724	724	upon legislative enactment of the Compact into law by no 710 SB 109 24
725	725	less than five (5) states. Thereafter, it shall become 711
726	726	effective and binding on a state upon enactment of the 712
727	727	Compact into law by that State. 713
728	728	(c) The governors of non -member states, or their 714
729	729	designees, shall be invited to participate in the activities 715
730	730	of the Commission on a nonvoting basis prior to adoption of 716
731	731	the Compact by all States. 717
732	732	(d) The Commission may propose amendments to the 718
733	733	Compact for enactment by the Member States. No amendment 719
734	734	shall become effective and binding upon the Commission and 720
735	735	the Member States unless and until it is enacted into law by 721
736	736	unanimous consent of the Member States. 722
737	737	Section 16. WITHDRAWAL 723
738	738	(a) Once effective, the Compact shall continue in 724
739	739	force and remain binding upon each and every Member State; 725
740	740	provided, however, that a Member State may withdraw from the 726
741	741	Compact after giving appropriate notice by specifically 727
742	742	repealing the statute which enacted the Compact into law. 728
743	743	(b) The Licensee's Compact License Privileg e shall 729
744	744	remain in effect for six (6) months from the date of the 730
745	745	Member State Dental Board withdrawal. 731
746	746	(c) The withdrawing State shall immediately notify the 732
747	747	chairperson of the Commission in writing upon the 733
748	748	introduction of legislation repealing the Compact by the 734
749	749	withdrawing State, and upon the enactment of such 735
750	750	legislation. 736
751	751	(d) The Commission shall notify the other Member 737
752	752	States within sixty (60) days of its receipt of notice 738
753	753	provided under Section 16(c) of this section. 739
754	754	(e) Reinstatement following withdrawal of a Member 740
755	755	State shall occur upon the withdrawing state reenacting the 741 SB 109 25
756	756	Compact or upon such later date as determined by the 742
757	757	Commission. 743
758	758	(f) The Commission shall issue rules to address the 744
759	759	impact of the withdrawal o f a Member State on Licenses 745
760	760	granted by other Member States to dentists and dental 746
761	761	hygienists who designated the withdrawing Member State as 747
762	762	their Home State. 748
763	763	Section 17. DISSOLUTION 749
764	764	(a) The Compact shall dissolve effective upon the date 750
765	765	of the withdrawal or default of the Member State which 751
766	766	reduces the membership in the Compact to one (1) Member 752
767	767	State. 753
768	768	(b) Upon the dissolution of the Compact, the Compact 754
769	769	shall become null and void and shall be of no further force 755
770	770	or effect, and the business and affairs of the Commission 756
771	771	shall be concluded and surplus funds shall be distributed in 757
772	772	accordance with the Bylaws. 758
773	773	Section 18. SEVERABILITY AND CONSTRUCTION 759
774	774	(a) The provisions of the Compact shall be severable, 760
775	775	and if any phrase, clause, sentence or provision is deemed 761
776	776	unenforceable, the remaining provisions of the Compact shall 762
777	777	be enforceable. 763
778	778	(b) The provisions of the Compact shall be liberally 764
779	779	construed to effectuate its purposes. 765
780	780	Section 19. BINDING EFFECT OF COMPACT AND OTHER LAWS 766
781	781	(a) Nothing herein prevents the enforcement of any 767
782	782	other law of a Member State that is not inconsistent with 768
783	783	the Compact. 769
784	784	(b) All lawful actions of the Commission, including 770
785	785	all rules and Bylaws promulgated by the Com mission, shall be 771
786	786	binding upon the Member States. 772 SB 109 26
787	787	(c) All agreements between the Commission and the 773
788	788	Member States shall be binding in accordance with their 774
789	789	terms. 775
790	790	(d) In the event any provision of the Compact exceeds 776
791	791	the constitutional limi ts imposed on the legislature of any 777
792	792	Member State, such provision shall be ineffective to the 778
793	793	extent of the conflict with the constitutional provision in 779
794	794	question in that Member State. 780
795	795	Section 20. RULES OF ORDER 781
796	796	The most current edition of th e American Institute of 782
797	797	Parliamentarians Standard Code of Parliamentary Procedure 783
798	798	shall govern all meetings of the Commission, including its 784
799	799	committees, in those situations not otherwise covered in the 785
800	800	Bylaws. 786
801	801	