MS
Mississippi Senate Bill SB2692

Mississippi 2025 Regular Session

Mississippi Senate Bill SB2692 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 MISSISSIPPI LEGISLATURE 2025 Regular Session To: Public Health and Welfare By: Senator(s) Bryan Senate Bill 2692 AN ACT TO ENACT INTO LAW THE INTERSTATE DENTAL AND DENTAL HYGIENE LICENSURE COMPACT AND PROVIDE THAT THE STATE OF MISSISSIPPI ENTER THE COMPACT WITH OTHER STATES THAT JOIN IN THE COMPACT; TO PROVIDE THAT THE PURPOSE OF THE COMPACT IS TO EXPEDITE LICENSURE AND INCREASE ACCESS TO DENTAL HEALTH CARE THROUGH LICENSURE BOARDS ACTING IN COOPERATION; TO DEFINE TERMS; TO CREATE A COMPACT AND COMMISSION; TO SET FORTH DUTIES OF COMPACT MEMBER STATES AND POWERS AND DUTIES OF THE COMMISSION; TO SET FORTH APPLICATION AND ELIGIBILITY REQUIREMENTS AND MATTERS RELATED TO COMPACT LICENSE PRIVILEGE ISSUANCE; TO PROVIDE FOR JURISDICTION OVER COMPACT LICENSE PRIVILEGE HOLDERS, FEES, MILITARY WAIVER, INVESTIGATIONS, INFORMATION REQUESTS, RULEMAKING FUNCTIONS OF THE COMMISSION, COMPACT OVERSIGHT, ENFORCEMENT AND PROCEDURES, DISPUTE RESOLUTION, MEMBER STATE ELIGIBILITY, EFFECTIVE DATE OF THE COMPACT, WITHDRAWAL, COMPACT DISSOLUTION, SEVERABILITY AND CONSTRUCTION OF THE COMPACT PROVISIONS, BINDING EFFECT OF THE COMPACT AND RULES OF ORDER TO BE APPLIED AT MEETINGS; TO AMEND SECTIONS 73-9-1, 73-9-23, 73-9-35 AND 73-9-41, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: WHEREAS, the Interstate Dental and Dental Hygiene Licensure Compact is hereby enacted into law, and the Governor shall enter into a compact on behalf of the State of Mississippi with any jurisdiction legally joined therein, in the form substantially as set forth in this act. SECTION 1. Purpose. (1) This compact shall be known as the "Interstate Dental and Dental Hygiene Licensure Compact," and the purpose of the compact is to expedite licensure and increase access to dental health care through licensure boards acting in cooperation. The compact adopts the existing structures most utilized by dental boards across the United States, while ensuring the safety of the public through the sharing of documents and information. This compact ensures that each state retains the right to impose an adverse action on a licensee as a home state or as a practicing state. Each state has an opportunity to share investigations and information with the home state of licensure. The compact is operated by state dental board members, administrators and other staff, thus allowing for each state to maintain its sovereignty. (2) The compact: (a) Allows for expedited licensure portability and ease of movement of licensees between states; (b) Allows each state to continue to regulate the practice of dentistry and dental hygiene within its borders; (c) Creates a common goal of protecting the public by ensuring a uniform licensure standard and sharing of information in the compact; (d) Allows for licensure in every participating state by requiring passage of the uniform licensure examination that assesses psychomotor and cognitive dental skills and is currently accepted in fifty (50) state licensing jurisdictions and United States territories; (e) Gives licensees one (1) location to maintain professional documentation to expedite license transfers in states, hospitals or institutional credentialing; (f) Facilitates a faster licensure process for relocation or separation of military members and their dependent spouses; there are no compact fees for military members or their spouses; (g) Alleviates a duplicative process for licensure among multiple states; and (h) Saves applicants money by not having to obtain duplicate documents from a source that charges for the documents. SECTION 2. Definitions. (1) "AADB" means the American Association of Dental Boards (AADB) or its named successor, formerly known as the American Association of Dental Examiners (AADE), originally chartered on September 10th, 1896, and renewed in 1944, comprised of state dental boards in the United States and its territories. (2) "Attorneys' committee" means the committee of attorneys who currently represent a member state dental board. The attorneys' committee shall designate one of its members to participate in the commission as a non-voting member. An attorney that has previously served as an attorney for a member state dental board may be invited on a year-to-year basis to serve on the attorneys' committee if they have not engaged in an official case against a state dental board or have any other conflict of interest. The attorneys' committee may assist the investigators in working through joint investigation issues between states. (3) "Active duty military person or spouse" means a licensee in full-time active duty status in the active uniformed services of the United States, including members of the National Guard and Reserves. The legal spouse of the military member must be recognized by the military unit as a dependent while the service member is on active duty. Spouses shall receive the same privileges as military members for the purpose of this compact. (4) "Active investigation" means an active investigation potentially resulting in formal allegations or charges precipitating a judicial process by a state dental board, oversight agency, or other law enforcement entity. (5) "Adverse action" means an order issued by a state dental board or reported to the clearinghouse pursuant to the commission's bylaws and rules that disciplines a licensee. Adverse action includes, and is not limited to, the suspension, limiting, or revocation of a license or compact license privilege; the imposition of fees and sanctions; and any temporary emergency order that may be later withdrawn by a board. (6) "ADEX examination" means the initial licensure examinations developed by the American Board of Dental Examiners, Inc. or its successor. (7) "Bylaws" means the bylaws passed by the commission or its named successor commission. (8) "Clearinghouse" means the clearinghouse and databank that houses prior adverse action documentations, orders and denials of licensure or permits from state dental boards that is administered by the AADB or its successor. (9) "CODA" means the Commission on Dental Accreditation or its successor as approved by the United States Department of Education. (10) "Commission" means the Interstate Dental and Dental Hygiene Compact Licensure Commission created pursuant to Section 3 of this act. (11) "Commissioners" means the two (2) members chosen by each member state dental board to serve as the voting members of the commission. (12) "Compact" means the Interstate Dental and Dental Hygiene Licensure Compact created pursuant to Section 3 of this act. (13) "Compact license privilege" means the expedited dental or dental hygiene license to practice in a member state that is not the licensee's home state. (14) "Conviction" means an adjudication or formal judgment by a court that an individual is guilty through a plea of guilty or no contest, or a finding of guilt by the court. Evidence of a conviction of a criminal offense by the court shall be considered final for the purposes of considering or imposing disciplinary action by a member state dental board. (15) "Criminal background check" means a criminal background check using the results of fingerprint or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation, with the exception of federal employees who have suitability determination in accordance with 5 CFR 731.202. (16) "Dental hygienist" means any person who: (a) Has successfully graduated from a CODA-approved dental hygiene school; (b) Has successfully passed the ADEX Dental Hygiene Licensure Examination; or has been in practice five (5) years or more and has successfully passed a regional board examination or equivalent state-administered psychomotor licensure examination prior to January 1, 2024; (c) Has successfully passed the written national dental hygiene board examination administered by the Joint Commission on National Dental Examinations; (d) Possesses a full and unrestricted dental hygiene license issued by a member state; (e) Has never been convicted or received adjudication, deferred adjudication, community supervision or deferred disposition for any offense (other than traffic offenses) by a court of appropriate jurisdiction; (f) Has never been a subject of discipline by a licensing agency through any adverse action, order, or other restriction of the licensee by a licensing agency, with the exception of failure to pay fees or failure to complete continuing education; (g) Is not currently under active investigation by a licensing agency or law enforcement authority in any state, federal or foreign jurisdiction; and (h) Meets any jurisprudence requirement established by a member state dental board of a member state in which a licensee is seeking a compact license privilege. (17) "Dental practice act" means the laws and regulations governing the practice of dentistry within a member state. (18) "Dentist" means any person who: (a) Has successfully graduated from a CODA-approved dental school; (b) Has successfully passed the ADEX Dental Licensure Exam; or has been in practice five (5) years or more and has successfully passed a regional board examination or equivalent state-administered psychomotor licensure examination prior to January 1, 2024; (c) Has successfully passed the written National Dental Board Exam administered by the Joint Commission on National Dental Examinations; (d) Possesses a full and unrestricted dental license issued by a member state dental board; (e) Has never been convicted or received adjudication, deferred adjudication, community supervision, or deferred disposition for any offense (other than traffic offenses) by a court of appropriate jurisdiction; (f) Has never been a subject of discipline by a licensing agency through any adverse action, order, or other restriction of the licensee by a licensing agency, with the exception of failure to pay fees or failure to complete continuing education; (g) Has never had a state or federal drug registration, permit, or license restricted, suspended, or revoked by the United States Drug Enforcement Administration or any licensing agency that oversees scheduled drug registrations; (h) Is not currently under active investigation by a licensing agency or law enforcement authority in any state, federal or foreign jurisdiction; and (i) Meets any jurisprudence requirement established by a member state dental board in which a licensee is seeking a compact license privilege. (19) "Home state" means the state of primary licensure of a Licensee. (20) "License" means the authorization by a licensing authority for a dentist or dental hygienist to engage in the unrestricted practice of dentistry or dental hygiene, which would be unlawful without such license. (21) "Licensee" means a dentist or dental hygienist who holds an unrestricted license to practice as a dentist or dental hygienist. (22) "Licensing agency" means the agency or other entity of a state that is responsible for the licensing of dentists and dental hygienists. If a member state dental board has such responsibility, it shall be deemed a licensing agency. (23) "Member state dental board" means a state agency in a member state that protects the public through licensure, regulation, and the education of dentist and dental hygienists, as directed by the state law. All actions taken by a member state dental board shall be under the authority of the laws its state and any other rights conferred under this compact. (24) "Member state" means a state, the District of Colombia or any other United States territory that has enacted the compact. (25) "Regional board examination" means initial licensure examinations administered by the Western Regional Examining Board (WREB), the North East Regional Board of Dental Examiners (NERB), the Commission on Dental Competency Assessments (CDCA), Council of Interstate Testing Agencies (CITA), Southern Regional Testing Agency (SRTA), or Central Regional Dental Testing Services (CRDTS) that assess psychomotor skills. (26) "Repository" means the repository of original documents of a licensee that may include original transcripts, certification documents, test scores, military training records, previous or current licensing documents and other sources of materials needed for applications and verification administered by the AADB or its successor. The repository shall receive documents from primary or originating sources and/or verify their authenticity. (27) "Scope of practice" means the dental-related procedures that require a license, permit, or training, to undertake the treatment and procedure to be completed on a patient within the member state's requirements. (28) "State" means a state within the United States or a United States Territory. (29) "State jurisprudence" means the knowledge of a member state's laws and rules of dentistry and dental hygiene. SECTION 3. Compact and commission. (1) The member states hereby create the Interstate Dental and Dental Hygiene Licensure Compact and the commission. Each member state must enact a compact that is not materially different from this compact, as determined by the commission. (2) Each member state dental board shall have two (2) voting members who shall serve as commissioners. Each commissioner shall have one (1) vote. Member states with separate dental and dental hygiene licensing agencies shall appoint one (1) commissioner from each licensing agency. One (1) commissioner shall be a current member of a member state dental board. Commissioners may not delegate votes or vote by proxy; however, if a commissioner is unable to attend, the member state may substitute a commissioner who meets the same requirements. (3) Upon five (5) states joining the compact, the compact shall become active. The commission shall adopt bylaws upon becoming active. (4) The commission shall meet at least once per calendar year (the "annual meeting") and at additional times as necessary pursuant to the bylaws and rules. (5) At each annual meeting, the commission shall elect a chair, vice chair, secretary, and treasurer from the membership of the commission (the "officers"). The officers shall be members of the commission's executive committee (the "executive committee"). The commission shall also elect representatives from four (4) regional districts established by the commission to serve on the executive committee. All officers and executive committee representatives shall serve one-year terms. (6) Quorum for purposes of conducting business shall be a majority of commissioners attending in person or virtually. (7) The commission shall provide notice of all meetings on its website and in other communications to member state dental boards. (8) A vote of two-thirds (2/3) of the commissioners present shall be required for an executive session to discuss: (a) Items specifically related to participation in a lawsuit or in anticipation of a legal proceeding; (b) Matters specifically exempted from disclosure by federal statute; (c) Information or matters involving law enforcement agencies or information that accuses a person of a crime or a public censure; (d) Discussions that would include information of a personal nature that would constitute an unwarranted invasion of personal privacy; (e) Anything considered internal practices and procedures or a trade secret; (f) Other items described in the commission bylaws allowing for executive sessions to be called; or (g) Advice of legal counsel. (9) The commission shall keep minutes and make them available to all member states. (10) The commission may establish other committees as needed. (11) The commission shall prepare an annual report that shall be made available to the legislatures and governors of the member states. The annual report shall describe the activities of the commission during the preceding calendar year. Such reports shall also include reports of the annual financial audit and any actions taken by or rules that were adopted by the commission. SECTION 4. Duties of compact member states. (1) Member states shall submit to the clearinghouse all member state dental board actions and other documents and data as determined by the commission. (2) Member states shall notify the commission of any adverse action taken by the member state dental board, any active investigation by the member state dental board, any active investigation involving pending criminal charges, or other circumstance as determined by the commission. (3) Any adverse action, order, restriction or denial of a license or permit on a licensee or compact license privilege holder shall be reported to the clearinghouse by the member state dental board. (4) Member state dental boards may submit to the clearinghouse nonpublic complaints, or disciplinary or investigatory information not required by paragraph (c) of this section. All investigatory material shall be considered confidential and not part of a public record unless otherwise specifically required by state statute. (5) Members states shall accept continuing education credits as required or recognized by any other member state. (6) Documents in the repository shall be treated by a member state as the equivalent of a primary or original source document for licensure. (7) Member states shall accept a standardized application for a compact license privilege. The standardized application shall be established by the rules enacted by the commission. (8) Member states may agree to share information regarding ongoing investigations and actions, including joint investigations between states. All investigatory material shall be considered confidential and not part of a public record unless otherwise specifically required by state statute. (9) As part of the compact enforcement, participating member states may issue subpoenas and seek testimony of witnesses, which subpoenas shall be enforced in other member states and enforced by a court of competent jurisdiction where the witnesses or evidence is located. SECTION 5. Powers and duties of the commission. (1) The commission shall have the duty and power to: (a) Oversee and maintain the administration of the compact, including the organizational needs, the financial activities, the hiring of personnel and ongoing activities or needs of the commission; (b) Promulgate bylaws and rules to operate the compact and the commission; (c) Establish a budget and make expenditures; (d) Have an annual financial audit performed by an independent certified public accounting firm; (e) Issue, upon the request of a member state dental board, advisory opinions concerning the meaning or interpretation of the compact and its bylaws, rules, and actions; (f) Enforce compliance with compact provisions, the rules promulgated by the commission, and the bylaws, using all necessary and proper means, including but not limited to the use of judicial process; (g) Hold an annual meeting for the commission where the elections of the executive committee and other issues may be discussed and voted on; (h) Establish personnel policies and programs relating to conflicts of interest, and the rates of compensation and qualifications of personnel; (i) Accept donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of them in a manner consistent with the conflict-of-interest policies established by the commission; (j) Report annually to the legislatures and governors of the member state dental boards concerning the activities of the commission during the preceding calendar year. Such reports shall also include reports of annual financial audits, all actions of the commission, rules adopted by the commission, and any recommendations by the commission; and (k) Coordinate education, training and public awareness regarding the compact, its implementation, and its operation. (2) The executive committee shall have the power to act on behalf of the commission, with the exception of rulemaking, during periods when the commission is not in session. When acting on behalf of the commission, the executive committee shall oversee the administration of the compact, including enforcement of and compliance with the compact. (3) The officers and employees of the commission shall be immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of, or relating to, an actual or alleged act, error or omission that occurred, or that such person had a reasonable basis for believing occurred, within the scope of commission employment, duties or responsibilities; provided, that such person shall not be protected from suit or liability for damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of such person. (4) The liability of the executive director and employees of the commission or representatives of the commission, acting within the scope of such person's employment or duties for acts, errors or omissions occurring within such person's state may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees and agents. The commission shall be considered to be an instrumentality of the states for the purposes of any such action. Nothing in this subsection shall be construed to protect such person from suit or liability for damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of such person. (5) The commission shall defend the commission's executive director, its employees, and, subject to the approval of the attorney general or other appropriate legal counsel of the member state represented by an commission representative, shall defend such commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from intentional or willful and wanton misconduct on the part of such person. (6) To the extent not covered by the state involved, member state, or the commission, the representatives or employees of the commission shall be held harmless by the commission in the amount of a settlement or judgment, including attorneys' fees and costs, obtained against such persons arising out of an actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from intentional or willful and wanton misconduct on the part of such persons. SECTION 6. Application, eligibility, and issuance of compact license privilege to a member state. (1) A dentist or dental hygienist applying for compact license privileges shall meet the requirements of a dentist as listed in Section 2(r) of this compact or a dental hygienist as listed in Section 2(p) of this compact and hold a current license in a member state under this compact. (2) Each dentist or dental hygienist shall designate a home state of licensure. The home state shall be determined by: (a) The state of primary residence for the dentist or dental hygienist, where twenty-five percent (25%) of their practice within one (1) year occurs. An active-duty military member or their spouse may choose a home state as designated with the military but are not required to meet the requirement of twenty-five percent (25%) practice being within their home state; or (b) If no state qualifies under paragraph (a) of this subsection (2), then the state that the dentist or dental hygienist listed as their state of residence on the previous year's federal tax return. (3) A dentist or dental hygienist may redesignate a home state no more than one (1) time in a calendar year if the qualifications of a home state are met. (4) A dentist or dental hygienist seeking a compact license privilege (the "applicant") shall apply to their home state dental board for a letter stating that the applicant is eligible for compact license privileges. (5) The home state dental board shall determine the eligibility of an application for a compact license privilege and shall issue a letter of approval or denial of the application for a compact license privilege. (6) The letter from the applicant's home state dental board approving the application shall be submitted to the member state dental board for the member state in which the applicant proposes to practice, and shall include: (a) The compact application packet; (b) Authorization to seek access to the applicant's repository documents; (c) Any additional information that may be required by the proposed compact license privilege state; and (d) Any required fees. The member state dental board shall review the application to confirm compliance with the member state's laws and regulations. following such review, if the member state dental board approves the application, it shall issue a compact license privilege from the proposed member state to the applicant. (7) Appeals of a denial of a compact license privilege application shall be filed with the member state dental board making such determination, and shall be filed within thirty (30) days of the date of the denial. (8) A licensee holding a compact license privilege shall notify the commission within ten (10) business days of any adverse action taken against a license held in a state that is not a member state. (9) A compact license privilege may be revoked, suspended or limited by the issuing member state dental board if at any time the licensee's home state license is revoked, suspended or limited. (10) The commission shall issue rules on the duration of a compact license privilege, the application and renewal process for a compact license privilege, and any application fees. (11) Eligibility or ineligibility to receive a compact license privilege shall not limit the ability of a licensee to seek a state license through the regular process outside of the compact. SECTION 7. Jurisdiction over compact license privilege holders. (1) Each licensee holding a compact license privilege shall be subject to and comply with the laws and regulations of the member state in which such licensee practices under a compact license privilege. (2) Each licensee holding a compact license privilege shall be subject to the jurisdiction and authority of the member state dental board of the state in which such licensee practices, as if they held a license issued from such member state dental board. Such compact license privilege holder shall be deemed a "licensee" of the member state dental board for purposes of such board taking an adverse action. (3) Each licensee holding a compact license privilege shall list a current address with the commission that shall serve as their official address of service. (4) A licensee holding a compact license privilege may have an adverse action taken against them by: (a) The member state dental board of the member state in which they are practicing with a compact license privilege; (b) The licensee's home state; or (c) The state licensing authority of a state that is not a member state from which the licensee holds a license. (5) A home state may take an adverse action against the holder of a compact license privilege, regardless of where the actions giving rise to the adverse action occurred. (6) Any member state in which the compact licensee holds a compact license privilege may investigate an allegation of a violation of the laws and rules of the practice of dentistry or dental hygiene in any other state where the compact licensee holds a compact license privilege. SECTION 8. Fees and military waiver. (1) The commission shall issues rules regarding the use of the repository by each holder of a compact license privilege. (2) A member state dental board issuing a compact license privilege authorizing practice in its state may impose a fee for a compact license privilege, for either initial issuance or any renewal. (3) No compact fee shall be required of any active-duty military member and/or their spouse up to one (1) year after separation from the service. Each member state issuing a compact license privilege may waive fees for active-duty military and/or their spouse as required by each individual state statute. (4) Active-duty military may transfer military training records to the repository without a fee. SECTION 9. Joint investigations and disciplinary actions. (1) Each member state shall name a point of contact for joint investigations between member state dental boards. (2) Member state dental boards may participate with other member state dental boards in joint investigations of licensees that are subject to this compact. (3) Member state dental boards may share investigative, litigation or other materials in furtherance of any joint or individual investigation of a compact license privilege holder. (4) A subpoena issued by a member state or member state dental board shall be enforceable in other member states as allowed by law. (5) If a compact license privilege holder has an adverse action taken against them by any member state dental board, the compact license privilege holder shall automatically be subject to similar discipline by other member state dental boards. (6) If a compact license privilege holder has an adverse action taken against their home state license, including being revoked, surrendered, or relinquished in lieu of discipline or suspended, then automatically all other compact license privileges shall be placed in the same status. The home state dental board shall notify the commission, and the commission shall issue a notice to all member state dental boards of such adverse action. (7) If discipline or an adverse action is taken against a compact license privilege holder in a member state, the member state board shall notify the commission and the home state of the compact license privilege holder. The home state may deem the action conclusive as a matter of law and fact and may: (a) Impose the same or lesser sanction consistent with the home state's laws; or (b) Pursue separate actions against the compact license privilege holder under its laws, regardless of the sanctions pursued by the member state dental board. SECTION 10. Other requests for information from the repository and the clearinghouse. (1) Insurance companies and entities verifying documents for the purpose of licenses extended to a dentist or dental hygienist may seek information from the clearinghouse for public record documents. (2) A dentist or dental hygienist may submit a request to the commission to allow any hiring employer, entity, or insurance company to access documents from the repository for the purposes of credentialing, licensing or other privileges. (3) The commission shall set a fee schedule for these services. SECTION 11. Rulemaking functions of the commission. (1) The commission shall promulgate reasonable rules in order to effectively and efficiently implement and achieve the purposes and administration of the compact. Notwithstanding the foregoing, in the event the commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of the compact or the powers granted hereunder, then such an action by the commission may be determined to be invalid and have no force or effect. (2) Rules validly issued by the commission shall have the force of law in each member state. (3) Rules deemed appropriate for the operations of the commission shall be made pursuant to a rulemaking process that substantially conforms to the Model State Administrative Procedure Act of 2010, and subsequent amendments thereto. SECTION 12. Oversight of the compact. (1) The executive, legislative, and judicial branches of state government in each member state shall enforce the compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent to allow for expedited licensure for the purpose of mobility. The provisions of the compact and the rules promulgated hereunder shall have standing as statutory law, but shall not override existing state authority to regulate the practice of dentistry and dental hygiene. (2) All courts may take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of the compact which may affect the powers, responsibilities or actions of the commission. (3) The commission shall be entitled to receive all service of process in any such proceeding and shall have standing to intervene in the proceeding for all purposes. Except where the commission has intervened, failure to provide service of process to the commission shall render a judgment or order void as to the commission, the compact or promulgated rules. SECTION 13. Enforcement and default procedures. (1) The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of the compact. (2) The grounds for default under this compact by a member state include, but are not limited to, failure of a member state to perform such obligations or responsibilities imposed upon it by the compact or by the rules and bylaws of the commission promulgated under the compact. (3) If the commission determines that a member state has defaulted in the performance of its obligations or responsibilities under the compact, or the bylaws or promulgated rules, the commission shall: (a) Provide written notice to the defaulting state and other member states of the nature of the default, the means of curing the default and any action taken by the commission. The commission shall specify the conditions by which the defaulting state must cure its default; and (b) Provide remedial training and specific technical assistance regarding the default. (4) If the defaulting state fails to cure the default, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the commissioners and all rights, privileges and benefits conferred by the compact shall terminate on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of the default. (5) Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to terminate shall be given by the commission to the governor, the majority and minority leaders of the defaulting state's legislature and each of the member states. (6) The commission shall establish rules and procedures to address licenses and compact license privilege holders that are materially impacted by the termination of a member state or the withdrawal of a member state. (7) The commission shall not bear any costs relating to any state that has been found to be in default or which has been terminated from the compact, unless otherwise mutually agreed upon in writing between the commission and the defaulting state. (8) The defaulting state may appeal the action of the commission by petitioning the state court where the commission has its principal offices. the prevailing party shall be awarded all costs of such litigation, including reasonable attorneys' fees. (9) The commission shall not bear any costs relating to any state that has been found to be in default or which has been terminated from the compact, unless otherwise mutually agreed upon in writing between the commission and the defaulting state. (10) The remedies herein shall not be the exclusive remedies of the commission. The commission may avail itself of any other remedies available under state law or the regulation of a profession. SECTION 14. Dispute resolution. (1) The commission shall attempt, upon the request of a member state dental board, to resolve disputes which are subject to the compact and which may arise among member state dental boards. (2) The commission shall promulgate rules providing for both mediation and voluntary binding dispute resolution, as appropriate. SECTION 15. Member states, effective date and amendment. (1) Any state is eligible to become a member state of the compact. (2) The compact shall become effective and binding upon legislative enactment of the compact into law by no less than five (5) states. Thereafter, it shall become effective and binding on a state upon enactment of the compact into law by that state. (3) The governors of non-member states, or their designees, shall be invited to participate in the activities of the commission on a nonvoting basis prior to adoption of the compact by all states. (4) The commission may propose amendments to the compact for enactment by the member states. No amendment shall become effective and binding upon the commission and the member states unless and until it is enacted into law by unanimous consent of the member states. SECTION 16. Withdrawal. (1) Once effective, the compact shall continue in force and remain binding upon each and every member state; provided, however, that a member state may withdraw from the compact after giving appropriate notice by specifically repealing the statute which enacted the compact into law. (2) The licensee's compact license privilege shall remain in effect for six (6) months from the date of the member state dental board withdrawal. (3) The withdrawing state shall immediately notify the chairperson of the commission in writing upon the introduction of legislation repealing the compact by the withdrawing state, and upon the enactment of such legislation. (4) The commission shall notify the other member states within sixty (60) days of its receipt of notice provided under subsection (3) of this section. (5) Reinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the commission. (6) The commission shall issue rules to address the impact of the withdrawal of a member state on licenses granted by other member states to dentists and dental hygienists who designated the withdrawing member state as their home state. SECTION 17. Dissolution. (1) The compact shall dissolve effective upon the date of the withdrawal or default of the member state which reduces the membership in the compact to one (1) member state. (2) Upon the dissolution of the compact, the compact shall become null and void and shall be of no further force or effect, and the business and affairs of the commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws. SECTION 18. Severability and construction. (1) The provisions of the compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable. (2) The provisions of the compact shall be liberally construed to effectuate its purposes. SECTION 19. Binding effect of compact and other laws. (1) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the compact. (2) All lawful actions of the commission, including all rules and bylaws promulgated by the commission, shall be binding upon the member states. (3) All agreements between the commission and the member states shall be binding in accordance with their terms. (4) In the event any provision of the compact exceeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state. SECTION 20. Rules of order. The most current edition of the American Institute of Parliamentarians Standard Code of Parliamentary Procedure shall apply to all meetings of the commission, including its committees, in those situations not otherwise covered in the bylaws. SECTION 21. Section 73-9-1, Mississippi Code of 1972, is amended as follows: 73-9-1. Every person who desires to practice dentistry or dental hygiene in this state must obtain a license to do so as hereinafter provided or must hold a compact license privilege under Sections 1 through 20 of this act; but this section shall not apply to dentists or dental hygienists now holding permanent licenses to practice provided the same have been recorded as required by law. SECTION 22. Section 73-9-23, Mississippi Code of 1972, is amended as follows: 73-9-23. (1) No person who desires to practice dentistry or dental hygiene in the State of Mississippi shall be licensed until that person has passed an examination by the board or holds a compact license privilege under Sections 1 through 20 of this act. Applicants for examination shall apply in writing to the board for an examination at least thirty (30) days before the examination and shall upon application pay a nonrefundable fee as elsewhere provided in this chapter. (2) An applicant for licensure by examination as a dentist who is a graduate of a dental school accredited by the Commission on Dental Accreditation of the American Dental Association (ADA), or its successor commission, shall: (a) Be of good moral character, be possessed of a high school education, and have attained the age of twenty-one (21) years; (b) Exhibit with the application a diploma or certificate of graduation from the ADA accredited dental school; and (c) Have successfully completed Parts I and II of the National Board Examinations of the Joint Commission on National Dental Examinations, or its successor commission, unless the applicant graduated from an accredited dental school before 1960. (3) An applicant for licensure by examination as a dentist who is a graduate of a non-ADA accredited foreign country dental school shall: (a) Be of good moral character and have attained the age of twenty-one (21) years; (b) Be proficient in oral and written communications in the English language; (c) Have completed not less than six (6) academic years of postsecondary study and graduated from a foreign dental school that is recognized by the licensure authorities in that country; (d) Have been licensed as a dentist or admitted to the practice of dentistry in the foreign country in which the applicant received foreign dental school training; (e) Present documentation of having completed at least two (2) or more years of full-time postdoctoral dental education in a dental school accredited by the Commission on Dental Accreditation of the American Dental Association, or its successor commission, and has been certified by the dean of the accredited dental school as having achieved the same level of didactic and clinical competence as expected of a graduate of the school; and (f) Have successfully completed Parts I and II of the National Board Examinations of the Joint Commission on National Dental Examinations, or its successor commission, unless the applicant graduated from an approved dental school before 1960. (4) An applicant for licensure by examination as a dental hygienist who is a graduate of a dental hygiene school accredited by the Commission on Dental Accreditation of the American Dental Association (ADA), or its successor commission, shall: (a) Be of good moral character, be possessed of a high school education and have attained the age of eighteen (18) years; (b) Exhibit with the application a diploma or certificate of graduation from the ADA accredited dental hygiene school; and (c) Have successfully completed the National Board Dental Hygiene Examinations of the Joint Commission on National Dental Examinations, or its successor commission. (5) An applicant for licensure by examination as a dental hygienist who is a graduate of a non-ADA accredited foreign country dental hygiene school shall: (a) Be of good moral character and have attained the age of eighteen (18) years; (b) Be proficient in oral and written communications in the English language; (c) Have completed not less than two (2) academic years of postsecondary study and graduated from a foreign dental hygiene school that is recognized by the licensure authorities in that country; (d) Have been licensed as a dental hygienist or admitted to the practice of dental hygiene in the foreign country in which the applicant received foreign dental hygiene school training; (e) Present documentation of having completed at least one or more years of full-time postgraduate clinical education in a dental hygiene school accredited by the Commission on Dental Accreditation of the American Dental Association, or its successor commission, and has been certified by the dean of the accredited dental hygiene school as having achieved the same level of didactic and clinical competence as expected of a graduate of the school; and (f) Have successfully completed the National Board Dental Hygiene Examinations of the Joint Commission on National Dental Examinations, or its successor commission. (6) Applications shall be made in the form and content as required in this section and as shall be prescribed by the board, and each applicant shall submit upon request such proof as the board may require as to age, character and qualifications. Applications must be signed by two (2) citizens of the state of which the applicant is a resident, attesting under oath that the applicant is of good moral character. All applicants for licensure shall submit an endorsement from all states in which he or she is currently licensed or has ever been licensed to practice dentistry or dental hygiene. The board may disallow the licensure examination to any applicant who has been found guilty of any of the grounds for disciplinary action as enumerated in Section 73-9-61. (7) Examination shall be as elsewhere provided in this chapter and the board may by its rules and regulations prescribe reasonable professional standards for oral, written, clinical and other examinations given to applicants, and, if deemed necessary by the board, include a requirement that licensure examinations of applicants be conducted utilizing live human subjects. Each applicant shall appear before the board and be examined to determine his or her learning and skill in dentistry or dental hygiene. If found by the members of the board conducting the examination to possess sufficient learning and skill therein and to be of good moral character, the board shall, as early as practicable, grant to the person a license to practice dentistry or dental hygiene, as the case may be, which shall be signed by each member of the board who attended the examination and approved the issuance of a license. (8) The Board of Dental Examiners may, at its own discretion, accept certification of a licensure applicant, either dentist or dental hygienist, by the National Board Examinations of the Joint Commission on National Dental Examinations, or its successor commission, in lieu of the written examination. However, in all such instances the board shall retain the right to administer such further written and practical examinations and demonstrations as it deems necessary. (9) Each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section 93-11-64. SECTION 23. Section 73-9-35, Mississippi Code of 1972, is amended as follows: 73-9-35. The holder of either of the licenses provided for in this chapter, or the holder of a compact license privilege under Sections 1 through 20 of this act, shall at all times, upon request, exhibit same to any member of the Board of Dental Examiners, or his authorized agent or to any officer of the law. SECTION 24. Section 73-9-41, Mississippi Code of 1972, is amended as follows: 73-9-41. (1) No person shall practice, attempt to practice or offer to practice dentistry or dental hygiene within the state without first having been authorized and issued a license by the board or without first holding a compact license privilege under Sections 1 through 20 of this act; nor shall any person practice, attempt to practice, or offer to practice dentistry or dental hygiene within the state during any period of suspension of his or her license by the board or after revocation or being voided for failure to reregister by the board of any license previously issued to the offending person. (2) A person who has never been issued a license to practice dentistry or dental hygiene, who does not hold a compact license privilege under Sections 1 through 20 of this act, or whose license has been suspended, voided or revoked by action of the board, shall not perform any act that would constitute the practice of dentistry or dental hygiene as defined in Sections 73-9-3 and 73-9-5, including, but not limited to, the following: (a) Making impressions or casts of the human mouth or teeth; (b) Constructing or supplying dentures without the work authorization or prescription of a person licensed under the laws of this state to practice dentistry; and (c) Constructing or supplying dentures from impressions or casts without the work authorization or prescription of a person licensed under the laws of this state to practice dentistry. (3) The fact that any person engages in or performs or offers to engage in or performs any of the practices, acts or operations set forth in Section 73-9-3 or Section 73-9-5 is prima facie evidence that the person is engaged in the practice of dentistry or dental hygiene. (4) In addition to any other civil remedy or criminal penalty provided for by law, the executive director or the secretary of the board may issue a summons to appear before the board to any person or persons who the executive director or any member of the board has probable cause to believe has violated this section by practicing, attempting to practice, or offering to practice dentistry or dental hygiene without a current, valid license or permit and any necessary witnesses. The summons issued by the board shall command each person to whom it is directed to attend and give testimony at a time and place specified in the summons. The summons shall be served upon the individual personally or by any type of mailing requiring a return receipt and shall include a statement of the charges and an explanation of the manner in which the unlicensed person shall be required to respond to the board. (5) In proceedings conducted pursuant to subsection (4) of this section, the board may levy for each and every violation a civil penalty upon any unlicensed person who after a hearing is found to have practiced dentistry or dental hygiene without the benefit of a current, valid license having been issued by the board under the provisions of this chapter, as follows: (a) For the first violation, a monetary penalty of not more than Five Hundred Dollars ($500.00). (b) For the second violation, a monetary penalty of not more than One Thousand Dollars ($1,000.00). (c) For the third and any subsequent violations, a monetary penalty of not more than Five Thousand Dollars ($5,000.00). (d) For any violation, the board may assess those reasonable costs that are expended by the board in the investigation and conduct of the hearing as provided in subsection (4) of this section, including, but not limited to, the cost of process service, court reporters, expert witnesses and other witness expenses paid by the board, and investigators. Appeals from the board's decision may be taken as provided in Section 73-9-65. Any monetary penalty or assessment levied under this section shall be paid to the board by the illegal practitioner upon the expiration of the period allowed for appealing those penalties or may be paid sooner if the illegal practitioner elects. Monetary penalties collected by the board under this section shall be deposited to the credit of the General Fund of the State Treasury. Any monies collected for assessment of costs by the board shall be deposited into the special fund of the board. (6) No person practicing dentistry or dental hygiene without a current valid license or compact license privilege under Sections 1 through 20 of this act shall have the right to receive any compensation for services so rendered. In addition to any other penalties imposed under this section, any person who practices dentistry or dental hygiene without a license or compact license privilege under Sections 1 through 20 of this act shall return any fees collected for practicing dentistry or dental hygiene and shall be liable for any damages resulting from negligent conduct. The board or any patient shall have the right to enforce the obligation provided in this section. SECTION 25. This act shall take effect and be in force from and after July 1, 2025.
22
33 MISSISSIPPI LEGISLATURE
44
55 2025 Regular Session
66
77 To: Public Health and Welfare
88
99 By: Senator(s) Bryan
1010
1111 # Senate Bill 2692
1212
1313 AN ACT TO ENACT INTO LAW THE INTERSTATE DENTAL AND DENTAL HYGIENE LICENSURE COMPACT AND PROVIDE THAT THE STATE OF MISSISSIPPI ENTER THE COMPACT WITH OTHER STATES THAT JOIN IN THE COMPACT; TO PROVIDE THAT THE PURPOSE OF THE COMPACT IS TO EXPEDITE LICENSURE AND INCREASE ACCESS TO DENTAL HEALTH CARE THROUGH LICENSURE BOARDS ACTING IN COOPERATION; TO DEFINE TERMS; TO CREATE A COMPACT AND COMMISSION; TO SET FORTH DUTIES OF COMPACT MEMBER STATES AND POWERS AND DUTIES OF THE COMMISSION; TO SET FORTH APPLICATION AND ELIGIBILITY REQUIREMENTS AND MATTERS RELATED TO COMPACT LICENSE PRIVILEGE ISSUANCE; TO PROVIDE FOR JURISDICTION OVER COMPACT LICENSE PRIVILEGE HOLDERS, FEES, MILITARY WAIVER, INVESTIGATIONS, INFORMATION REQUESTS, RULEMAKING FUNCTIONS OF THE COMMISSION, COMPACT OVERSIGHT, ENFORCEMENT AND PROCEDURES, DISPUTE RESOLUTION, MEMBER STATE ELIGIBILITY, EFFECTIVE DATE OF THE COMPACT, WITHDRAWAL, COMPACT DISSOLUTION, SEVERABILITY AND CONSTRUCTION OF THE COMPACT PROVISIONS, BINDING EFFECT OF THE COMPACT AND RULES OF ORDER TO BE APPLIED AT MEETINGS; TO AMEND SECTIONS 73-9-1, 73-9-23, 73-9-35 AND 73-9-41, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.
1414
1515 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
1616
1717 WHEREAS, the Interstate Dental and Dental Hygiene Licensure Compact is hereby enacted into law, and the Governor shall enter into a compact on behalf of the State of Mississippi with any jurisdiction legally joined therein, in the form substantially as set forth in this act.
1818
1919 SECTION 1. Purpose. (1) This compact shall be known as the "Interstate Dental and Dental Hygiene Licensure Compact," and the purpose of the compact is to expedite licensure and increase access to dental health care through licensure boards acting in cooperation. The compact adopts the existing structures most utilized by dental boards across the United States, while ensuring the safety of the public through the sharing of documents and information. This compact ensures that each state retains the right to impose an adverse action on a licensee as a home state or as a practicing state. Each state has an opportunity to share investigations and information with the home state of licensure. The compact is operated by state dental board members, administrators and other staff, thus allowing for each state to maintain its sovereignty.
2020
2121 (2) The compact:
2222
2323 (a) Allows for expedited licensure portability and ease of movement of licensees between states;
2424
2525 (b) Allows each state to continue to regulate the practice of dentistry and dental hygiene within its borders;
2626
2727 (c) Creates a common goal of protecting the public by ensuring a uniform licensure standard and sharing of information in the compact;
2828
2929 (d) Allows for licensure in every participating state by requiring passage of the uniform licensure examination that assesses psychomotor and cognitive dental skills and is currently accepted in fifty (50) state licensing jurisdictions and United States territories;
3030
3131 (e) Gives licensees one (1) location to maintain professional documentation to expedite license transfers in states, hospitals or institutional credentialing;
3232
3333 (f) Facilitates a faster licensure process for relocation or separation of military members and their dependent spouses; there are no compact fees for military members or their spouses;
3434
3535 (g) Alleviates a duplicative process for licensure among multiple states; and
3636
3737 (h) Saves applicants money by not having to obtain duplicate documents from a source that charges for the documents.
3838
3939 SECTION 2. Definitions. (1) "AADB" means the American Association of Dental Boards (AADB) or its named successor, formerly known as the American Association of Dental Examiners (AADE), originally chartered on September 10th, 1896, and renewed in 1944, comprised of state dental boards in the United States and its territories.
4040
4141 (2) "Attorneys' committee" means the committee of attorneys who currently represent a member state dental board. The attorneys' committee shall designate one of its members to participate in the commission as a non-voting member. An attorney that has previously served as an attorney for a member state dental board may be invited on a year-to-year basis to serve on the attorneys' committee if they have not engaged in an official case against a state dental board or have any other conflict of interest. The attorneys' committee may assist the investigators in working through joint investigation issues between states.
4242
4343 (3) "Active duty military person or spouse" means a licensee in full-time active duty status in the active uniformed services of the United States, including members of the National Guard and Reserves. The legal spouse of the military member must be recognized by the military unit as a dependent while the service member is on active duty. Spouses shall receive the same privileges as military members for the purpose of this compact.
4444
4545 (4) "Active investigation" means an active investigation potentially resulting in formal allegations or charges precipitating a judicial process by a state dental board, oversight agency, or other law enforcement entity.
4646
4747 (5) "Adverse action" means an order issued by a state dental board or reported to the clearinghouse pursuant to the commission's bylaws and rules that disciplines a licensee. Adverse action includes, and is not limited to, the suspension, limiting, or revocation of a license or compact license privilege; the imposition of fees and sanctions; and any temporary emergency order that may be later withdrawn by a board.
4848
4949 (6) "ADEX examination" means the initial licensure examinations developed by the American Board of Dental Examiners, Inc. or its successor.
5050
5151 (7) "Bylaws" means the bylaws passed by the commission or its named successor commission.
5252
5353 (8) "Clearinghouse" means the clearinghouse and databank that houses prior adverse action documentations, orders and denials of licensure or permits from state dental boards that is administered by the AADB or its successor.
5454
5555 (9) "CODA" means the Commission on Dental Accreditation or its successor as approved by the United States Department of Education.
5656
5757 (10) "Commission" means the Interstate Dental and Dental Hygiene Compact Licensure Commission created pursuant to Section 3 of this act.
5858
5959 (11) "Commissioners" means the two (2) members chosen by each member state dental board to serve as the voting members of the commission.
6060
6161 (12) "Compact" means the Interstate Dental and Dental Hygiene Licensure Compact created pursuant to Section 3 of this act.
6262
6363 (13) "Compact license privilege" means the expedited dental or dental hygiene license to practice in a member state that is not the licensee's home state.
6464
6565 (14) "Conviction" means an adjudication or formal judgment by a court that an individual is guilty through a plea of guilty or no contest, or a finding of guilt by the court. Evidence of a conviction of a criminal offense by the court shall be considered final for the purposes of considering or imposing disciplinary action by a member state dental board.
6666
6767 (15) "Criminal background check" means a criminal background check using the results of fingerprint or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation, with the exception of federal employees who have suitability determination in accordance with 5 CFR 731.202.
6868
6969 (16) "Dental hygienist" means any person who:
7070
7171 (a) Has successfully graduated from a CODA-approved dental hygiene school;
7272
7373 (b) Has successfully passed the ADEX Dental Hygiene Licensure Examination; or has been in practice five (5) years or more and has successfully passed a regional board examination or equivalent state-administered psychomotor licensure examination prior to January 1, 2024;
7474
7575 (c) Has successfully passed the written national dental hygiene board examination administered by the Joint Commission on National Dental Examinations;
7676
7777 (d) Possesses a full and unrestricted dental hygiene license issued by a member state;
7878
7979 (e) Has never been convicted or received adjudication, deferred adjudication, community supervision or deferred disposition for any offense (other than traffic offenses) by a court of appropriate jurisdiction;
8080
8181 (f) Has never been a subject of discipline by a licensing agency through any adverse action, order, or other restriction of the licensee by a licensing agency, with the exception of failure to pay fees or failure to complete continuing education;
8282
8383 (g) Is not currently under active investigation by a licensing agency or law enforcement authority in any state, federal or foreign jurisdiction; and
8484
8585 (h) Meets any jurisprudence requirement established by a member state dental board of a member state in which a licensee is seeking a compact license privilege.
8686
8787 (17) "Dental practice act" means the laws and regulations governing the practice of dentistry within a member state.
8888
8989 (18) "Dentist" means any person who:
9090
9191 (a) Has successfully graduated from a CODA-approved dental school;
9292
9393 (b) Has successfully passed the ADEX Dental Licensure Exam; or has been in practice five (5) years or more and has successfully passed a regional board examination or equivalent state-administered psychomotor licensure examination prior to January 1, 2024;
9494
9595 (c) Has successfully passed the written National Dental Board Exam administered by the Joint Commission on National Dental Examinations;
9696
9797 (d) Possesses a full and unrestricted dental license issued by a member state dental board;
9898
9999 (e) Has never been convicted or received adjudication, deferred adjudication, community supervision, or deferred disposition for any offense (other than traffic offenses) by a court of appropriate jurisdiction;
100100
101101 (f) Has never been a subject of discipline by a licensing agency through any adverse action, order, or other restriction of the licensee by a licensing agency, with the exception of failure to pay fees or failure to complete continuing education;
102102
103103 (g) Has never had a state or federal drug registration, permit, or license restricted, suspended, or revoked by the United States Drug Enforcement Administration or any licensing agency that oversees scheduled drug registrations;
104104
105105 (h) Is not currently under active investigation by a licensing agency or law enforcement authority in any state, federal or foreign jurisdiction; and
106106
107107 (i) Meets any jurisprudence requirement established by a member state dental board in which a licensee is seeking a compact license privilege.
108108
109109 (19) "Home state" means the state of primary licensure of a Licensee.
110110
111111 (20) "License" means the authorization by a licensing authority for a dentist or dental hygienist to engage in the unrestricted practice of dentistry or dental hygiene, which would be unlawful without such license.
112112
113113 (21) "Licensee" means a dentist or dental hygienist who holds an unrestricted license to practice as a dentist or dental hygienist.
114114
115115 (22) "Licensing agency" means the agency or other entity of a state that is responsible for the licensing of dentists and dental hygienists. If a member state dental board has such responsibility, it shall be deemed a licensing agency.
116116
117117 (23) "Member state dental board" means a state agency in a member state that protects the public through licensure, regulation, and the education of dentist and dental hygienists, as directed by the state law. All actions taken by a member state dental board shall be under the authority of the laws its state and any other rights conferred under this compact.
118118
119119 (24) "Member state" means a state, the District of Colombia or any other United States territory that has enacted the compact.
120120
121121 (25) "Regional board examination" means initial licensure examinations administered by the Western Regional Examining Board (WREB), the North East Regional Board of Dental Examiners (NERB), the Commission on Dental Competency Assessments (CDCA), Council of Interstate Testing Agencies (CITA), Southern Regional Testing Agency (SRTA), or Central Regional Dental Testing Services (CRDTS) that assess psychomotor skills.
122122
123123 (26) "Repository" means the repository of original documents of a licensee that may include original transcripts, certification documents, test scores, military training records, previous or current licensing documents and other sources of materials needed for applications and verification administered by the AADB or its successor. The repository shall receive documents from primary or originating sources and/or verify their authenticity.
124124
125125 (27) "Scope of practice" means the dental-related procedures that require a license, permit, or training, to undertake the treatment and procedure to be completed on a patient within the member state's requirements.
126126
127127 (28) "State" means a state within the United States or a United States Territory.
128128
129129 (29) "State jurisprudence" means the knowledge of a member state's laws and rules of dentistry and dental hygiene.
130130
131131 SECTION 3. Compact and commission. (1) The member states hereby create the Interstate Dental and Dental Hygiene Licensure Compact and the commission. Each member state must enact a compact that is not materially different from this compact, as determined by the commission.
132132
133133 (2) Each member state dental board shall have two (2) voting members who shall serve as commissioners. Each commissioner shall have one (1) vote. Member states with separate dental and dental hygiene licensing agencies shall appoint one (1) commissioner from each licensing agency. One (1) commissioner shall be a current member of a member state dental board. Commissioners may not delegate votes or vote by proxy; however, if a commissioner is unable to attend, the member state may substitute a commissioner who meets the same requirements.
134134
135135 (3) Upon five (5) states joining the compact, the compact shall become active. The commission shall adopt bylaws upon becoming active.
136136
137137 (4) The commission shall meet at least once per calendar year (the "annual meeting") and at additional times as necessary pursuant to the bylaws and rules.
138138
139139 (5) At each annual meeting, the commission shall elect a chair, vice chair, secretary, and treasurer from the membership of the commission (the "officers"). The officers shall be members of the commission's executive committee (the "executive committee"). The commission shall also elect representatives from four (4) regional districts established by the commission to serve on the executive committee. All officers and executive committee representatives shall serve one-year terms.
140140
141141 (6) Quorum for purposes of conducting business shall be a majority of commissioners attending in person or virtually.
142142
143143 (7) The commission shall provide notice of all meetings on its website and in other communications to member state dental boards.
144144
145145 (8) A vote of two-thirds (2/3) of the commissioners present shall be required for an executive session to discuss:
146146
147147 (a) Items specifically related to participation in a lawsuit or in anticipation of a legal proceeding;
148148
149149 (b) Matters specifically exempted from disclosure by federal statute;
150150
151151 (c) Information or matters involving law enforcement agencies or information that accuses a person of a crime or a public censure;
152152
153153 (d) Discussions that would include information of a personal nature that would constitute an unwarranted invasion of personal privacy;
154154
155155 (e) Anything considered internal practices and procedures or a trade secret;
156156
157157 (f) Other items described in the commission bylaws allowing for executive sessions to be called; or
158158
159159 (g) Advice of legal counsel.
160160
161161 (9) The commission shall keep minutes and make them available to all member states.
162162
163163 (10) The commission may establish other committees as needed.
164164
165165 (11) The commission shall prepare an annual report that shall be made available to the legislatures and governors of the member states. The annual report shall describe the activities of the commission during the preceding calendar year. Such reports shall also include reports of the annual financial audit and any actions taken by or rules that were adopted by the commission.
166166
167167 SECTION 4. Duties of compact member states. (1) Member states shall submit to the clearinghouse all member state dental board actions and other documents and data as determined by the commission.
168168
169169 (2) Member states shall notify the commission of any adverse action taken by the member state dental board, any active investigation by the member state dental board, any active investigation involving pending criminal charges, or other circumstance as determined by the commission.
170170
171171 (3) Any adverse action, order, restriction or denial of a license or permit on a licensee or compact license privilege holder shall be reported to the clearinghouse by the member state dental board.
172172
173173 (4) Member state dental boards may submit to the clearinghouse nonpublic complaints, or disciplinary or investigatory information not required by paragraph (c) of this section. All investigatory material shall be considered confidential and not part of a public record unless otherwise specifically required by state statute.
174174
175175 (5) Members states shall accept continuing education credits as required or recognized by any other member state.
176176
177177 (6) Documents in the repository shall be treated by a member state as the equivalent of a primary or original source document for licensure.
178178
179179 (7) Member states shall accept a standardized application for a compact license privilege. The standardized application shall be established by the rules enacted by the commission.
180180
181181 (8) Member states may agree to share information regarding ongoing investigations and actions, including joint investigations between states. All investigatory material shall be considered confidential and not part of a public record unless otherwise specifically required by state statute.
182182
183183 (9) As part of the compact enforcement, participating member states may issue subpoenas and seek testimony of witnesses, which subpoenas shall be enforced in other member states and enforced by a court of competent jurisdiction where the witnesses or evidence is located.
184184
185185 SECTION 5. Powers and duties of the commission. (1) The commission shall have the duty and power to:
186186
187187 (a) Oversee and maintain the administration of the compact, including the organizational needs, the financial activities, the hiring of personnel and ongoing activities or needs of the commission;
188188
189189 (b) Promulgate bylaws and rules to operate the compact and the commission;
190190
191191 (c) Establish a budget and make expenditures;
192192
193193 (d) Have an annual financial audit performed by an independent certified public accounting firm;
194194
195195 (e) Issue, upon the request of a member state dental board, advisory opinions concerning the meaning or interpretation of the compact and its bylaws, rules, and actions;
196196
197197 (f) Enforce compliance with compact provisions, the rules promulgated by the commission, and the bylaws, using all necessary and proper means, including but not limited to the use of judicial process;
198198
199199 (g) Hold an annual meeting for the commission where the elections of the executive committee and other issues may be discussed and voted on;
200200
201201 (h) Establish personnel policies and programs relating to conflicts of interest, and the rates of compensation and qualifications of personnel;
202202
203203 (i) Accept donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of them in a manner consistent with the conflict-of-interest policies established by the commission;
204204
205205 (j) Report annually to the legislatures and governors of the member state dental boards concerning the activities of the commission during the preceding calendar year. Such reports shall also include reports of annual financial audits, all actions of the commission, rules adopted by the commission, and any recommendations by the commission; and
206206
207207 (k) Coordinate education, training and public awareness regarding the compact, its implementation, and its operation.
208208
209209 (2) The executive committee shall have the power to act on behalf of the commission, with the exception of rulemaking, during periods when the commission is not in session. When acting on behalf of the commission, the executive committee shall oversee the administration of the compact, including enforcement of and compliance with the compact.
210210
211211 (3) The officers and employees of the commission shall be immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of, or relating to, an actual or alleged act, error or omission that occurred, or that such person had a reasonable basis for believing occurred, within the scope of commission employment, duties or responsibilities; provided, that such person shall not be protected from suit or liability for damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of such person.
212212
213213 (4) The liability of the executive director and employees of the commission or representatives of the commission, acting within the scope of such person's employment or duties for acts, errors or omissions occurring within such person's state may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees and agents. The commission shall be considered to be an instrumentality of the states for the purposes of any such action. Nothing in this subsection shall be construed to protect such person from suit or liability for damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of such person.
214214
215215 (5) The commission shall defend the commission's executive director, its employees, and, subject to the approval of the attorney general or other appropriate legal counsel of the member state represented by an commission representative, shall defend such commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from intentional or willful and wanton misconduct on the part of such person.
216216
217217 (6) To the extent not covered by the state involved, member state, or the commission, the representatives or employees of the commission shall be held harmless by the commission in the amount of a settlement or judgment, including attorneys' fees and costs, obtained against such persons arising out of an actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from intentional or willful and wanton misconduct on the part of such persons.
218218
219219 SECTION 6. Application, eligibility, and issuance of compact license privilege to a member state. (1) A dentist or dental hygienist applying for compact license privileges shall meet the requirements of a dentist as listed in Section 2(r) of this compact or a dental hygienist as listed in Section 2(p) of this compact and hold a current license in a member state under this compact.
220220
221221 (2) Each dentist or dental hygienist shall designate a home state of licensure. The home state shall be determined by:
222222
223223 (a) The state of primary residence for the dentist or dental hygienist, where twenty-five percent (25%) of their practice within one (1) year occurs. An active-duty military member or their spouse may choose a home state as designated with the military but are not required to meet the requirement of twenty-five percent (25%) practice being within their home state; or
224224
225225 (b) If no state qualifies under paragraph (a) of this subsection (2), then the state that the dentist or dental hygienist listed as their state of residence on the previous year's federal tax return.
226226
227227 (3) A dentist or dental hygienist may redesignate a home state no more than one (1) time in a calendar year if the qualifications of a home state are met.
228228
229229 (4) A dentist or dental hygienist seeking a compact license privilege (the "applicant") shall apply to their home state dental board for a letter stating that the applicant is eligible for compact license privileges.
230230
231231 (5) The home state dental board shall determine the eligibility of an application for a compact license privilege and shall issue a letter of approval or denial of the application for a compact license privilege.
232232
233233 (6) The letter from the applicant's home state dental board approving the application shall be submitted to the member state dental board for the member state in which the applicant proposes to practice, and shall include:
234234
235235 (a) The compact application packet;
236236
237237 (b) Authorization to seek access to the applicant's repository documents;
238238
239239 (c) Any additional information that may be required by the proposed compact license privilege state; and
240240
241241 (d) Any required fees.
242242
243243 The member state dental board shall review the application to confirm compliance with the member state's laws and regulations. following such review, if the member state dental board approves the application, it shall issue a compact license privilege from the proposed member state to the applicant.
244244
245245 (7) Appeals of a denial of a compact license privilege application shall be filed with the member state dental board making such determination, and shall be filed within thirty (30) days of the date of the denial.
246246
247247 (8) A licensee holding a compact license privilege shall notify the commission within ten (10) business days of any adverse action taken against a license held in a state that is not a member state.
248248
249249 (9) A compact license privilege may be revoked, suspended or limited by the issuing member state dental board if at any time the licensee's home state license is revoked, suspended or limited.
250250
251251 (10) The commission shall issue rules on the duration of a compact license privilege, the application and renewal process for a compact license privilege, and any application fees.
252252
253253 (11) Eligibility or ineligibility to receive a compact license privilege shall not limit the ability of a licensee to seek a state license through the regular process outside of the compact.
254254
255255 SECTION 7. Jurisdiction over compact license privilege holders. (1) Each licensee holding a compact license privilege shall be subject to and comply with the laws and regulations of the member state in which such licensee practices under a compact license privilege.
256256
257257 (2) Each licensee holding a compact license privilege shall be subject to the jurisdiction and authority of the member state dental board of the state in which such licensee practices, as if they held a license issued from such member state dental board. Such compact license privilege holder shall be deemed a "licensee" of the member state dental board for purposes of such board taking an adverse action.
258258
259259 (3) Each licensee holding a compact license privilege shall list a current address with the commission that shall serve as their official address of service.
260260
261261 (4) A licensee holding a compact license privilege may have an adverse action taken against them by:
262262
263263 (a) The member state dental board of the member state in which they are practicing with a compact license privilege;
264264
265265 (b) The licensee's home state; or
266266
267267 (c) The state licensing authority of a state that is not a member state from which the licensee holds a license.
268268
269269 (5) A home state may take an adverse action against the holder of a compact license privilege, regardless of where the actions giving rise to the adverse action occurred.
270270
271271 (6) Any member state in which the compact licensee holds a compact license privilege may investigate an allegation of a violation of the laws and rules of the practice of dentistry or dental hygiene in any other state where the compact licensee holds a compact license privilege.
272272
273273 SECTION 8. Fees and military waiver. (1) The commission shall issues rules regarding the use of the repository by each holder of a compact license privilege.
274274
275275 (2) A member state dental board issuing a compact license privilege authorizing practice in its state may impose a fee for a compact license privilege, for either initial issuance or any renewal.
276276
277277 (3) No compact fee shall be required of any active-duty military member and/or their spouse up to one (1) year after separation from the service. Each member state issuing a compact license privilege may waive fees for active-duty military and/or their spouse as required by each individual state statute.
278278
279279 (4) Active-duty military may transfer military training records to the repository without a fee.
280280
281281 SECTION 9. Joint investigations and disciplinary actions. (1) Each member state shall name a point of contact for joint investigations between member state dental boards.
282282
283283 (2) Member state dental boards may participate with other member state dental boards in joint investigations of licensees that are subject to this compact.
284284
285285 (3) Member state dental boards may share investigative, litigation or other materials in furtherance of any joint or individual investigation of a compact license privilege holder.
286286
287287 (4) A subpoena issued by a member state or member state dental board shall be enforceable in other member states as allowed by law.
288288
289289 (5) If a compact license privilege holder has an adverse action taken against them by any member state dental board, the compact license privilege holder shall automatically be subject to similar discipline by other member state dental boards.
290290
291291 (6) If a compact license privilege holder has an adverse action taken against their home state license, including being revoked, surrendered, or relinquished in lieu of discipline or suspended, then automatically all other compact license privileges shall be placed in the same status. The home state dental board shall notify the commission, and the commission shall issue a notice to all member state dental boards of such adverse action.
292292
293293 (7) If discipline or an adverse action is taken against a compact license privilege holder in a member state, the member state board shall notify the commission and the home state of the compact license privilege holder. The home state may deem the action conclusive as a matter of law and fact and may:
294294
295295 (a) Impose the same or lesser sanction consistent with the home state's laws; or
296296
297297 (b) Pursue separate actions against the compact license privilege holder under its laws, regardless of the sanctions pursued by the member state dental board.
298298
299299 SECTION 10. Other requests for information from the repository and the clearinghouse. (1) Insurance companies and entities verifying documents for the purpose of licenses extended to a dentist or dental hygienist may seek information from the clearinghouse for public record documents.
300300
301301 (2) A dentist or dental hygienist may submit a request to the commission to allow any hiring employer, entity, or insurance company to access documents from the repository for the purposes of credentialing, licensing or other privileges.
302302
303303 (3) The commission shall set a fee schedule for these services.
304304
305305 SECTION 11. Rulemaking functions of the commission. (1) The commission shall promulgate reasonable rules in order to effectively and efficiently implement and achieve the purposes and administration of the compact. Notwithstanding the foregoing, in the event the commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of the compact or the powers granted hereunder, then such an action by the commission may be determined to be invalid and have no force or effect.
306306
307307 (2) Rules validly issued by the commission shall have the force of law in each member state.
308308
309309 (3) Rules deemed appropriate for the operations of the commission shall be made pursuant to a rulemaking process that substantially conforms to the Model State Administrative Procedure Act of 2010, and subsequent amendments thereto.
310310
311311 SECTION 12. Oversight of the compact. (1) The executive, legislative, and judicial branches of state government in each member state shall enforce the compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent to allow for expedited licensure for the purpose of mobility. The provisions of the compact and the rules promulgated hereunder shall have standing as statutory law, but shall not override existing state authority to regulate the practice of dentistry and dental hygiene.
312312
313313 (2) All courts may take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of the compact which may affect the powers, responsibilities or actions of the commission.
314314
315315 (3) The commission shall be entitled to receive all service of process in any such proceeding and shall have standing to intervene in the proceeding for all purposes. Except where the commission has intervened, failure to provide service of process to the commission shall render a judgment or order void as to the commission, the compact or promulgated rules.
316316
317317 SECTION 13. Enforcement and default procedures. (1) The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of the compact.
318318
319319 (2) The grounds for default under this compact by a member state include, but are not limited to, failure of a member state to perform such obligations or responsibilities imposed upon it by the compact or by the rules and bylaws of the commission promulgated under the compact.
320320
321321 (3) If the commission determines that a member state has defaulted in the performance of its obligations or responsibilities under the compact, or the bylaws or promulgated rules, the commission shall:
322322
323323 (a) Provide written notice to the defaulting state and other member states of the nature of the default, the means of curing the default and any action taken by the commission. The commission shall specify the conditions by which the defaulting state must cure its default; and
324324
325325 (b) Provide remedial training and specific technical assistance regarding the default.
326326
327327 (4) If the defaulting state fails to cure the default, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the commissioners and all rights, privileges and benefits conferred by the compact shall terminate on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of the default.
328328
329329 (5) Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to terminate shall be given by the commission to the governor, the majority and minority leaders of the defaulting state's legislature and each of the member states.
330330
331331 (6) The commission shall establish rules and procedures to address licenses and compact license privilege holders that are materially impacted by the termination of a member state or the withdrawal of a member state.
332332
333333 (7) The commission shall not bear any costs relating to any state that has been found to be in default or which has been terminated from the compact, unless otherwise mutually agreed upon in writing between the commission and the defaulting state.
334334
335335 (8) The defaulting state may appeal the action of the commission by petitioning the state court where the commission has its principal offices. the prevailing party shall be awarded all costs of such litigation, including reasonable attorneys' fees.
336336
337337 (9) The commission shall not bear any costs relating to any state that has been found to be in default or which has been terminated from the compact, unless otherwise mutually agreed upon in writing between the commission and the defaulting state.
338338
339339 (10) The remedies herein shall not be the exclusive remedies of the commission. The commission may avail itself of any other remedies available under state law or the regulation of a profession.
340340
341341 SECTION 14. Dispute resolution. (1) The commission shall attempt, upon the request of a member state dental board, to resolve disputes which are subject to the compact and which may arise among member state dental boards.
342342
343343 (2) The commission shall promulgate rules providing for both mediation and voluntary binding dispute resolution, as appropriate.
344344
345345 SECTION 15. Member states, effective date and amendment. (1) Any state is eligible to become a member state of the compact.
346346
347347 (2) The compact shall become effective and binding upon legislative enactment of the compact into law by no less than five (5) states. Thereafter, it shall become effective and binding on a state upon enactment of the compact into law by that state.
348348
349349 (3) The governors of non-member states, or their designees, shall be invited to participate in the activities of the commission on a nonvoting basis prior to adoption of the compact by all states.
350350
351351 (4) The commission may propose amendments to the compact for enactment by the member states. No amendment shall become effective and binding upon the commission and the member states unless and until it is enacted into law by unanimous consent of the member states.
352352
353353 SECTION 16. Withdrawal. (1) Once effective, the compact shall continue in force and remain binding upon each and every member state; provided, however, that a member state may withdraw from the compact after giving appropriate notice by specifically repealing the statute which enacted the compact into law.
354354
355355 (2) The licensee's compact license privilege shall remain in effect for six (6) months from the date of the member state dental board withdrawal.
356356
357357 (3) The withdrawing state shall immediately notify the chairperson of the commission in writing upon the introduction of legislation repealing the compact by the withdrawing state, and upon the enactment of such legislation.
358358
359359 (4) The commission shall notify the other member states within sixty (60) days of its receipt of notice provided under subsection (3) of this section.
360360
361361 (5) Reinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the commission.
362362
363363 (6) The commission shall issue rules to address the impact of the withdrawal of a member state on licenses granted by other member states to dentists and dental hygienists who designated the withdrawing member state as their home state.
364364
365365 SECTION 17. Dissolution. (1) The compact shall dissolve effective upon the date of the withdrawal or default of the member state which reduces the membership in the compact to one (1) member state.
366366
367367 (2) Upon the dissolution of the compact, the compact shall become null and void and shall be of no further force or effect, and the business and affairs of the commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws.
368368
369369 SECTION 18. Severability and construction. (1) The provisions of the compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.
370370
371371 (2) The provisions of the compact shall be liberally construed to effectuate its purposes.
372372
373373 SECTION 19. Binding effect of compact and other laws. (1) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the compact.
374374
375375 (2) All lawful actions of the commission, including all rules and bylaws promulgated by the commission, shall be binding upon the member states.
376376
377377 (3) All agreements between the commission and the member states shall be binding in accordance with their terms.
378378
379379 (4) In the event any provision of the compact exceeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
380380
381381 SECTION 20. Rules of order. The most current edition of the American Institute of Parliamentarians Standard Code of Parliamentary Procedure shall apply to all meetings of the commission, including its committees, in those situations not otherwise covered in the bylaws.
382382
383383 SECTION 21. Section 73-9-1, Mississippi Code of 1972, is amended as follows:
384384
385385 73-9-1. Every person who desires to practice dentistry or dental hygiene in this state must obtain a license to do so as hereinafter provided or must hold a compact license privilege under Sections 1 through 20 of this act; but this section shall not apply to dentists or dental hygienists now holding permanent licenses to practice provided the same have been recorded as required by law.
386386
387387 SECTION 22. Section 73-9-23, Mississippi Code of 1972, is amended as follows:
388388
389389 73-9-23. (1) No person who desires to practice dentistry or dental hygiene in the State of Mississippi shall be licensed until that person has passed an examination by the board or holds a compact license privilege under Sections 1 through 20 of this act. Applicants for examination shall apply in writing to the board for an examination at least thirty (30) days before the examination and shall upon application pay a nonrefundable fee as elsewhere provided in this chapter.
390390
391391 (2) An applicant for licensure by examination as a dentist who is a graduate of a dental school accredited by the Commission on Dental Accreditation of the American Dental Association (ADA), or its successor commission, shall:
392392
393393 (a) Be of good moral character, be possessed of a high school education, and have attained the age of twenty-one (21) years;
394394
395395 (b) Exhibit with the application a diploma or certificate of graduation from the ADA accredited dental school; and
396396
397397 (c) Have successfully completed Parts I and II of the National Board Examinations of the Joint Commission on National Dental Examinations, or its successor commission, unless the applicant graduated from an accredited dental school before 1960.
398398
399399 (3) An applicant for licensure by examination as a dentist who is a graduate of a non-ADA accredited foreign country dental school shall:
400400
401401 (a) Be of good moral character and have attained the age of twenty-one (21) years;
402402
403403 (b) Be proficient in oral and written communications in the English language;
404404
405405 (c) Have completed not less than six (6) academic years of postsecondary study and graduated from a foreign dental school that is recognized by the licensure authorities in that country;
406406
407407 (d) Have been licensed as a dentist or admitted to the practice of dentistry in the foreign country in which the applicant received foreign dental school training;
408408
409409 (e) Present documentation of having completed at least two (2) or more years of full-time postdoctoral dental education in a dental school accredited by the Commission on Dental Accreditation of the American Dental Association, or its successor commission, and has been certified by the dean of the accredited dental school as having achieved the same level of didactic and clinical competence as expected of a graduate of the school; and
410410
411411 (f) Have successfully completed Parts I and II of the National Board Examinations of the Joint Commission on National Dental Examinations, or its successor commission, unless the applicant graduated from an approved dental school before 1960.
412412
413413 (4) An applicant for licensure by examination as a dental hygienist who is a graduate of a dental hygiene school accredited by the Commission on Dental Accreditation of the American Dental Association (ADA), or its successor commission, shall:
414414
415415 (a) Be of good moral character, be possessed of a high school education and have attained the age of eighteen (18) years;
416416
417417 (b) Exhibit with the application a diploma or certificate of graduation from the ADA accredited dental hygiene school; and
418418
419419 (c) Have successfully completed the National Board Dental Hygiene Examinations of the Joint Commission on National Dental Examinations, or its successor commission.
420420
421421 (5) An applicant for licensure by examination as a dental hygienist who is a graduate of a non-ADA accredited foreign country dental hygiene school shall:
422422
423423 (a) Be of good moral character and have attained the age of eighteen (18) years;
424424
425425 (b) Be proficient in oral and written communications in the English language;
426426
427427 (c) Have completed not less than two (2) academic years of postsecondary study and graduated from a foreign dental hygiene school that is recognized by the licensure authorities in that country;
428428
429429 (d) Have been licensed as a dental hygienist or admitted to the practice of dental hygiene in the foreign country in which the applicant received foreign dental hygiene school training;
430430
431431 (e) Present documentation of having completed at least one or more years of full-time postgraduate clinical education in a dental hygiene school accredited by the Commission on Dental Accreditation of the American Dental Association, or its successor commission, and has been certified by the dean of the accredited dental hygiene school as having achieved the same level of didactic and clinical competence as expected of a graduate of the school; and
432432
433433 (f) Have successfully completed the National Board Dental Hygiene Examinations of the Joint Commission on National Dental Examinations, or its successor commission.
434434
435435 (6) Applications shall be made in the form and content as required in this section and as shall be prescribed by the board, and each applicant shall submit upon request such proof as the board may require as to age, character and qualifications. Applications must be signed by two (2) citizens of the state of which the applicant is a resident, attesting under oath that the applicant is of good moral character. All applicants for licensure shall submit an endorsement from all states in which he or she is currently licensed or has ever been licensed to practice dentistry or dental hygiene. The board may disallow the licensure examination to any applicant who has been found guilty of any of the grounds for disciplinary action as enumerated in Section 73-9-61.
436436
437437 (7) Examination shall be as elsewhere provided in this chapter and the board may by its rules and regulations prescribe reasonable professional standards for oral, written, clinical and other examinations given to applicants, and, if deemed necessary by the board, include a requirement that licensure examinations of applicants be conducted utilizing live human subjects. Each applicant shall appear before the board and be examined to determine his or her learning and skill in dentistry or dental hygiene. If found by the members of the board conducting the examination to possess sufficient learning and skill therein and to be of good moral character, the board shall, as early as practicable, grant to the person a license to practice dentistry or dental hygiene, as the case may be, which shall be signed by each member of the board who attended the examination and approved the issuance of a license.
438438
439439 (8) The Board of Dental Examiners may, at its own discretion, accept certification of a licensure applicant, either dentist or dental hygienist, by the National Board Examinations of the Joint Commission on National Dental Examinations, or its successor commission, in lieu of the written examination. However, in all such instances the board shall retain the right to administer such further written and practical examinations and demonstrations as it deems necessary.
440440
441441 (9) Each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section 93-11-64.
442442
443443 SECTION 23. Section 73-9-35, Mississippi Code of 1972, is amended as follows:
444444
445445 73-9-35. The holder of either of the licenses provided for in this chapter, or the holder of a compact license privilege under Sections 1 through 20 of this act, shall at all times, upon request, exhibit same to any member of the Board of Dental Examiners, or his authorized agent or to any officer of the law.
446446
447447 SECTION 24. Section 73-9-41, Mississippi Code of 1972, is amended as follows:
448448
449449 73-9-41. (1) No person shall practice, attempt to practice or offer to practice dentistry or dental hygiene within the state without first having been authorized and issued a license by the board or without first holding a compact license privilege under Sections 1 through 20 of this act; nor shall any person practice, attempt to practice, or offer to practice dentistry or dental hygiene within the state during any period of suspension of his or her license by the board or after revocation or being voided for failure to reregister by the board of any license previously issued to the offending person.
450450
451451 (2) A person who has never been issued a license to practice dentistry or dental hygiene, who does not hold a compact license privilege under Sections 1 through 20 of this act, or whose license has been suspended, voided or revoked by action of the board, shall not perform any act that would constitute the practice of dentistry or dental hygiene as defined in Sections 73-9-3 and 73-9-5, including, but not limited to, the following:
452452
453453 (a) Making impressions or casts of the human mouth or teeth;
454454
455455 (b) Constructing or supplying dentures without the work authorization or prescription of a person licensed under the laws of this state to practice dentistry; and
456456
457457 (c) Constructing or supplying dentures from impressions or casts without the work authorization or prescription of a person licensed under the laws of this state to practice dentistry.
458458
459459 (3) The fact that any person engages in or performs or offers to engage in or performs any of the practices, acts or operations set forth in Section 73-9-3 or Section 73-9-5 is prima facie evidence that the person is engaged in the practice of dentistry or dental hygiene.
460460
461461 (4) In addition to any other civil remedy or criminal penalty provided for by law, the executive director or the secretary of the board may issue a summons to appear before the board to any person or persons who the executive director or any member of the board has probable cause to believe has violated this section by practicing, attempting to practice, or offering to practice dentistry or dental hygiene without a current, valid license or permit and any necessary witnesses. The summons issued by the board shall command each person to whom it is directed to attend and give testimony at a time and place specified in the summons. The summons shall be served upon the individual personally or by any type of mailing requiring a return receipt and shall include a statement of the charges and an explanation of the manner in which the unlicensed person shall be required to respond to the board.
462462
463463 (5) In proceedings conducted pursuant to subsection (4) of this section, the board may levy for each and every violation a civil penalty upon any unlicensed person who after a hearing is found to have practiced dentistry or dental hygiene without the benefit of a current, valid license having been issued by the board under the provisions of this chapter, as follows:
464464
465465 (a) For the first violation, a monetary penalty of not more than Five Hundred Dollars ($500.00).
466466
467467 (b) For the second violation, a monetary penalty of not more than One Thousand Dollars ($1,000.00).
468468
469469 (c) For the third and any subsequent violations, a monetary penalty of not more than Five Thousand Dollars ($5,000.00).
470470
471471 (d) For any violation, the board may assess those reasonable costs that are expended by the board in the investigation and conduct of the hearing as provided in subsection (4) of this section, including, but not limited to, the cost of process service, court reporters, expert witnesses and other witness expenses paid by the board, and investigators. Appeals from the board's decision may be taken as provided in Section 73-9-65. Any monetary penalty or assessment levied under this section shall be paid to the board by the illegal practitioner upon the expiration of the period allowed for appealing those penalties or may be paid sooner if the illegal practitioner elects. Monetary penalties collected by the board under this section shall be deposited to the credit of the General Fund of the State Treasury. Any monies collected for assessment of costs by the board shall be deposited into the special fund of the board.
472472
473473 (6) No person practicing dentistry or dental hygiene without a current valid license or compact license privilege under Sections 1 through 20 of this act shall have the right to receive any compensation for services so rendered. In addition to any other penalties imposed under this section, any person who practices dentistry or dental hygiene without a license or compact license privilege under Sections 1 through 20 of this act shall return any fees collected for practicing dentistry or dental hygiene and shall be liable for any damages resulting from negligent conduct. The board or any patient shall have the right to enforce the obligation provided in this section.
474474
475475 SECTION 25. This act shall take effect and be in force from and after July 1, 2025.