(Sponsorship Updated As Of: 2/22/2024)
ASSEMBLY, No. 1896
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Assemblyman HERB CONAWAY, JR.
District 7 (Burlington)
Assemblywoman VERLINA REYNOLDS -JACKSON
District 15 (Hunterdon and Mercer)
Assemblywoman MICHELE MATSIKOUDIS
District 21 (Middlesex, Morris, Somerset and Union)
Co-Sponsored by:
Assemblywomen Speight and McCoy
SYNOPSIS
Adopts Dentist and Dental Hygienist Compact.
CURRENT VERSION OF TEXT
As reported by the Assembly Health Committee with technical review.
A1896 CONAWAY, REYNOLDS-JACKSON
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AN ACT adopting the Dentist and Dental Hygienist Compact and 1
supplementing Title 45 of the Revised Statutes. 2
3
BE IT ENACTED by the Senate and General Assembly of the State 4
of New Jersey: 5
6
1. The State of New Jersey enacts and enters into the Dentist and 7
Dental Hygienist Compact with all other jurisdictions that legally join 8
the compact in the form substantially as follows: 9
10
Section 1. Title and Purpose. 11
This statute shall be known and cited as the Dentist and Dental 12
Hygienist Compact. The purposes of this compact are to facilitate the 13
interstate practice of dentistry and dental hygiene and improve public 14
access to dentistry and dental hygiene services by providing dentists 15
and dental hygienists licensed in a participating state the ability to 16
practice in participating states in which they are not licensed. The 17
compact does this by establishing a pathway for dentists and dental 18
hygienists licensed in a participating state to obtain a compact 19
privilege that authorizes them to practice in another participating state 20
in which they are not licensed. The compact enables participating 21
states to protect the public health and safety with respect to the 22
practice of such dentists and dental hygienists, through the state’s 23
authority to regulate the practice of dentistry and dental hygiene in the 24
state. The compact: 25
a. Enables dentists and dental hygienists who qualify for a 26
compact privilege to practice in other participating states without 27
satisfying burdensome and duplicative requirements associated with 28
securing a license to practice in those states; 29
b. Promotes mobility and addresses workforce shortages through 30
each participating state’s acceptance of a compact privilege to practice 31
in that state; 32
c. Increases public access to qualified, licensed dentists and 33
dental hygienists by creating a responsible, streamlined pathway for 34
licensees to practice in participating states; 35
d. Enhances the ability of participating states to protect the 36
public’s health and safety; 37
e. Does not interfere with licensure requirements established by a 38
participating state; 39
f. Facilitates the sharing of licensure and disciplinary information 40
among participating states; 41
g. Requires dentists and dental hygienists who practice in a 42
participating state pursuant to a compact privilege to practice within 43
the scope of practice authorized in that state; 44
h. Extends the authority of a participating state to regulate the 45
practice of dentistry and dental hygiene within its borders to dentists 46
and dental hygienists who practice in the state through a compact 47
privilege; 48
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i. Promotes the cooperation of participating states in regulating 1
the practice of dentistry and dental hygiene within those states; and 2
j. Facilitates the relocation of military members and their spouses 3
who are licensed to practice dentistry or dental hygiene. 4
5
Section 2. Definitions. 6
As used in this compact, unless context requires otherwise: 7
“Active military member” means any person with full-time duty 8
status in the Armed Forces of the United States, including members of 9
the National Guard and Reserve components. 10
“Adverse action” means disciplinary action or encumbrance 11
imposed on a license or compact privilege by a state licensing 12
authority. 13
“Alternative program” means a non-disciplinary monitoring or 14
practice remediation process applicable to a dentist or dental hygienist 15
approved by a state licensing authority of a participating state in which 16
the dentist or dental hygienist is licensed. “Alternative program” shall 17
include, but not be limited to, programs to which licensees with a 18
substance use disorder are referred in lieu of adverse action. 19
“Clinical assessment” means an examination or process required 20
for licensure as a dentist or dental hygienist, as applicable, which 21
examination or process provides evidence of clinical competence in 22
dentistry or dental hygiene, as applicable. 23
“Commissioner” means the individual appointed by a participating 24
state to serve as the member of the commission for that participating 25
state. 26
“Compact” means this Dentist and Dental Hygienist
Compact. 27
“Compact privilege” means the authorization granted by a remote 28
state to allow a licensee from a participating state to practice as a 29
dentist or dental hygienist in a remote state. 30
“Continuing professional development” means a requirement, as a 31
condition of license renewal, to provide evidence of successful 32
participation in educational or professional activities relevant to 33
practice or area of work. 34
“Criminal background check” means the submission of 35
fingerprints or other biometric-based information for an applicant for 36
licensure for the purpose of obtaining the applicant’s criminal history 37
record information, as defined in 28 C.F.R. s.20.3(d), from the Federal 38
Bureau of Investigation and the state’s criminal history record 39
repository, as defined in 28 C.F.R. s.20.3(f). 40
“Data system” means the commission’s repository of information 41
about licensees, including, but not limited to, examination, licensure, 42
investigative, compact privilege, adverse action, and alternative 43
program information. 44
“Dental hygienist” means an individual who is licensed by a state 45
licensing authority to practice dental hygiene. 46
“Dentist” means an individual who is licensed by a state licensing 47
authority to practice dentistry. 48
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“Dentist and Dental Hygienist Compact Commission” or 1
“commission” means the joint government agency established under 2
the compact comprising each state that has enacted the compact and a 3
national administrative body comprising a commissioner from each 4
state that has enacted the compact. 5
“Encumbered license” means a license that a state licensing 6
authority has limited in any way other than through an alternative 7
program. 8
“Executive board” means the chair, vice chair, secretary, and 9
treasurer of the commission, as well as any other commissioners as 10
may be determined by commission rule or bylaw. 11
“Jurisprudence requirement” means the assessment of an 12
individual’s knowledge of the laws and rules governing the practice of 13
dentistry or dental hygiene, as applicable, in a state. 14
“License” means current authorization by a state, other than 15
authorization pursuant to a compact privilege, or other privilege, for an 16
individual to practice as a dentist or dental hygienist in that state. 17
“Licensee” means an individual who holds an unrestricted license 18
from a participating state to practice as a dentist or dental hygienist in 19
that state. 20
“Model compact” means the model for the Dentist and Dental 21
Hygienist Compact on file with the Council of State Governments or 22
other entity as designated by the commission. 23
“Participating state” means a state that has enacted the compact 24
and been admitted to the commission in accordance with the 25
provisions of the compact and commission rules. 26
“Qualifying license” means a license that is not an encumbered 27
license issued by a participating state to practice dentistry or dental 28
hygiene. 29
“Remote state” means a participating state where a licensee who is 30
not licensed as a dentist or dental hygienist is exercising or seeking to 31
exercise the compact privilege. 32
“Rule” means a regulation promulgated by an entity that has the 33
force of law. 34
“Scope of practice” means the procedures, actions, and processes a 35
dentist or dental hygienist licensed in a state is permitted to undertake 36
in that state and the circumstances under which the licensee is 37
permitted to undertake those procedures, actions, and processes. Such 38
procedures, actions, and processes and the circumstances under which 39
they may be established through means, including, but not limited to, 40
statutes, regulations, case law, and other processes available to the 41
state licensing authority or other government agency. 42
“Significant investigative information” means information, 43
records, and documents received or generated by a state licensing 44
authority pursuant to an investigation for which a determination has 45
been made that there is probable cause to believe that the licensee has 46
violated a statute or regulation that is considered more than a minor 47
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infraction for which the state licensing authority could pursue an 1
adverse action against the licensee. 2
“State” means a state, commonwealth, district, or territory of the 3
United States that regulates the practices of dentistry and dental 4
hygiene. 5
“State licensing authority” means an agency or other entity of a 6
state that is responsible for the licensing and regulation of dentists or 7
dental hygienists. 8
9
Section 3. State Participation in the Compact. 10
a. In order to join the compact and thereafter continue as a 11
participating state, a state shall: 12
(1) Enact a compact that is not materially different from the model 13
compact, as determined in accordance with commission rules; 14
(2) Participate fully in the commission’s data system; 15
(3) Have a mechanism in place for receiving and investigating 16
complaints about its licensees and license applicants; 17
(4) Notify the commission, in compliance with the terms of the 18
compact and commission rules, of any adverse action or the 19
availability of significant investigative information regarding a 20
licensee or license applicant; 21
(5) Fully implement a criminal background check requirement, 22
within a time frame established by commission rule, by receiving the 23
results of a qualifying criminal background check; 24
(6) Comply with commission rules applicable to a participating 25
state; 26
(7) Accept the national board examinations of the Joint 27
Commission on National Dental Examinations or another examination 28
accepted by commission rule as a licensure examination; 29
(8) Accept for licensure that applicants for a dentist license 30
graduate from a predoctoral dental education program accredited by 31
the Commission on Dental Accreditation, or another accrediting 32
agency recognized by the United States Department of Education for 33
the accreditation of dentistry and dental hygiene education programs, 34
leading to the doctor of dental surgery or doctor of dental medicine 35
degree; 36
(9) Accept for licensure that applicants for a dental hygienist 37
license graduate from a dental hygiene program accredited by the 38
Commission on Dental Accreditation, or another accrediting agency 39
recognized by the United States Department of Education for the 40
accreditation of dentistry and dental hygiene education programs; 41
(10) Require for licensure that applicants successfully complete a 42
clinical assessment; 43
(11) Have continuing professional development requirements as a 44
condition for license renewal; and 45
(12) Pay a participation fee to the commission as established by 46
commission rule. 47
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b. Providing alternative pathways for an individual to obtain an 1
unrestricted license shall not disqualify a state from participating in the 2
compact. 3
c. When conducting a criminal background check, the state 4
licensing authority shall: 5
(1) Consider that information in making a licensure decision; 6
(2) Maintain documentation of the criminal background check and 7
background check information to the extent allowed by state and 8
federal law; and 9
(3) Report to the commission whether a state has completed the 10
criminal background check and whether the individual was granted or 11
denied a license. 12
d. A licensee of a participating state who has a qualifying license 13
in that state and does not hold an encumbered license in any other 14
participating state shall be issued a compact privilege in a remote state 15
in accordance with the terms of the compact and commission rules. If 16
a remote state has a jurisprudence requirement, a compact privilege 17
shall not be issued to the licensee unless the licensee has satisfied the 18
jurisprudence requirement. 19
20
Section 4. Compact Privilege. 21
a. To obtain and exercise the compact privilege under the terms 22
and provisions of the compact, a licensee shall: 23
(1) Have a qualifying license as a dentist or dental hygienist in a 24
participating state; 25
(2) Be eligible for a compact privilege in any remote state in 26
accordance with subsections d., g., and h. of this section; 27
(3) Submit to an application process whenever the licensee is 28
seeking a compact privilege; 29
(4) Pay any applicable commission and remote state fees for a 30
compact privilege in the remote state; 31
(5) Meet any jurisprudence requirement established by a remote 32
state in which the licensee is seeking a compact privilege; 33
(6) Have passed a national board examination of the Joint 34
Commission on National Dental Examinations or another examination 35
accepted by commission rule; 36
(7) For a dentist, have graduated from a predoctoral dental 37
education program accredited by the Commission on Dental 38
Accreditation, or another accrediting agency recognized by the United 39
States Department of Education for the accreditation of dentistry and 40
dental hygiene education programs, leading to the doctor of dental 41
surgery or doctor of dental medicine degree; 42
(8) For a dental hygienist, have graduated from a dental hygiene 43
education program accredited by the Commission on Dental 44
Accreditation or another accrediting agency recognized by the United 45
States Department of Education for the accreditation of dentistry and 46
dental hygiene education programs; 47
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(9) Have successfully completed a clinical assessment for 1
licensure; 2
(10) Report to the commission any adverse action taken by any 3
nonparticipating state when applying for a compact privilege and, 4
otherwise, within 30 days from the date the adverse action is taken; 5
(11) Report to the commission when applying for a compact 6
privilege the address of the licensee’s primary residence, and thereafter 7
immediately report to the commission any change in the address of the 8
licensee’s primary residence; and 9
(12) Consent to accept service of process by mail at the licensee’s 10
primary residence on record with the commission with respect to any 11
action brought against the licensee by the commission or a 12
participating state, and consent to accept service of a subpoena by mail 13
at the licensee’s primary residence on record with the commission with 14
respect to any action brought or investigation conducted by the 15
commission or a participating state. 16
b. A licensee shall comply with the requirements set forth in 17
subsection a. of this section to maintain the compact privilege in the 18
remote state. If those requirements are met, the compact privilege will 19
continue as long as the licensee maintains a qualifying license in the 20
state through which the licensee applied for the compact privilege and 21
pays any applicable compact privilege renewal fees. 22
c. A licensee providing dentistry or dental hygiene in a remote 23
state under a compact privilege shall function within the scope of 24
practice authorized by the remote state for a dentist or dental hygienist 25
licensed in that state. 26
d. A licensee providing dentistry or dental hygiene pursuant to a 27
compact privilege in a remote state shall be subject to that state’s 28
regulatory authority. A remote state may, in accordance with due 29
process and that state’s laws, by adverse action revoke or remove a 30
licensee’s compact privilege in the remote state for a specific period of 31
time, impose fines, or take any other necessary actions to protect the 32
health and safety of its citizens. If a remote state imposes an adverse 33
action against a compact privilege that limits the compact privilege, 34
that adverse action shall apply to all compact privileges in all remote 35
states. A licensee whose compact privilege in a remote state is 36
removed for a specified period of time shall not be eligible for a 37
compact privilege in any other remote state until the specific time for 38
removal of the compact privilege has passed and all encumbrance 39
requirements are satisfied. 40
e. If a license in a participating state is an encumbered license, the 41
licensee shall lose the compact privilege in a remote state and shall not 42
be eligible for a compact privilege in any remote state until the license 43
is no longer encumbered. 44
f. Once an encumbered license in a participating state is restored 45
to good standing, the licensee shall meet the requirements of 46
subsection a. of this section to obtain a compact privilege in a remote 47
state. 48
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g. If a licensee’s compact privilege in a remote state is removed 1
by the remote state, the individual shall lose or be ineligible for the 2
compact privilege in any remote state until: 3
(1) The specified period of time for which the compact privilege 4
was removed has ended; and 5
(2) All conditions for removal of the compact privilege have been 6
satisfied. 7
h. Once the requirements of subsection g. of this section have 8
been met, the licensee shall be required to meet the requirements of 9
subsection a. of this section to obtain a compact privilege in a remote 10
state. 11
12
Section 5. Active Military Members and Their Spouses. 13
Active military members and the spouses of active military 14
members shall not be required to pay to the commission for a compact 15
privilege the fee otherwise charged by the commission. If a remote 16
state chooses to charge a fee for a compact privilege, it may choose to 17
charge a reduced fee or no fee to active military members and spouses 18
of active military members for a compact privilege. 19
20
Section 6. Adverse Actions. 21
a. A participating state in which a licensee is licensed shall have 22
exclusive authority to impose adverse action against the qualifying 23
license issued by that participating state. 24
b. A participating state may take adverse action based on 25
significant investigative information of a remote state, provided the 26
participating state follows its own procedures for imposing adverse 27
action. 28
c. Nothing in this compact shall override a participating state’s 29
decision that participation in an alternative program may be used in 30
lieu of adverse action and that such participation shall remain 31
nonpublic if required by the participating state’s laws. Participating 32
states shall require licensees who enter any alternative program in lieu 33
of discipline to agree not to practice pursuant to a compact privilege in 34
any other participating state during the term of the alternative program 35
without prior authorization from such other participating state. 36
d. Any participating state in which a licensee is applying to 37
practice or is practicing pursuant to a compact privilege may 38
investigate actual or alleged violations of the statutes and regulations 39
authorizing the practice of dentistry or dental hygiene in any other 40
participating state in which the dentist or dental hygienist holds a 41
license or compact privilege. 42
e. A remote state shall have the authority to: 43
(1) Take adverse actions as set forth in subsection d. of section 4 44
of the compact against a licensee’s compact privilege in the state; 45
(2) In furtherance of its rights and responsibilities under the 46
compact and the commission’s rules, issue subpoenas for both 47
hearings and investigations that require the attendance and testimony 48
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of witnesses and the production of evidence. Subpoenas issued by a 1
state licensing authority in a participating state for the attendance and 2
testimony of witnesses, or the production of evidence from another 3
participating state, shall be enforced in the latter state by any court of 4
competent jurisdiction according to the practice and procedure of that 5
court applicable to subpoenas issued in proceedings pending before it. 6
The issuing authority shall pay any witness fees, travel expenses, 7
mileage, and other fees required by the service statutes of the state 8
where the witnesses or evidence are located; and 9
(3) If otherwise permitted by state law, recover from the licensee 10
the costs of investigation and disposition of cases resulting from any 11
adverse action taken against that licensee. 12
f. Joint Investigations. 13
(1) In addition to the authority granted to a participating state by 14
its dentist or dental hygienist licensure act or other applicable state 15
law, a participating state may jointly investigate licensees with other 16
participating states. 17
(2) Participating states shall share any significant investigative 18
information, litigation, or compliance materials in furtherance of any 19
joint or individual investigation initiated under the compact. 20
g. Authority to Continue Investigation. 21
(1) After a licensee’s compact privilege in a remote state is 22
terminated, the remote state may continue an investigation of the 23
licensee that began when the licensee had a compact privilege in that 24
remote state. 25
(2) If the investigation yields what would be significant 26
investigative information had the licensee continued to have a compact 27
privilege in that remote state, the remote state shall report the presence 28
of such information to the data system as required by paragraph (6) of 29
subsection b. of section 8 of the compact as if it was significant 30
investigative information. 31
32
Section 7. Establishment and Operation of the Commission. 33
a. The compact participating states hereby create and establish a 34
joint government agency, the membership of which shall comprise all 35
participating states that have enacted the compact. The commission 36
shall be an instrumentality of the participating states acting jointly and 37
not an instrumentality of any one state. The commission shall come 38
into existence on or after the effective date of the compact as set forth 39
in subsection a. of section 11 of this compact. 40
b. Participation, Voting, and Meetings. 41
(1) Each participating state shall have and be limited to one 42
commissioner selected by the participating state’s state licensing 43
authority or, if the state has more than one state licensing authority, 44
selected collectively by the state licensing authorities. 45
(2) The commissioner shall be a member or designee of such 46
licensing authority or authorities, as applicable. 47
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(3) The commission may by rule or bylaw establish a term of 1
office for commissioners and may by rule or bylaw establish term 2
limits. 3
(4) The commission may recommend to a state licensing authority 4
or authorities, as applicable, removal or suspension of an individual as 5
the state’s commissioner. 6
(5) A participating state’s state licensing authority or authorities, 7
as applicable, shall fill any vacancy of its commissioner on the 8
commission within 60 days of the vacancy. 9
(6) Each commissioner shall be entitled to one vote on all matters 10
that are voted upon by the commission. 11
(7) The commission shall meet at least once during each calendar 12
year. Additional meetings may be held as set forth in the bylaws. The 13
commission may meet by telecommunication, video conference, or 14
other similar electronic means. 15
c. The commission shall have the following powers: 16
(1) Establishing the fiscal year of the commission; 17
(2) Establishing a code of conduct and conflict of interest policies; 18
(3) Adopting rules and bylaws; 19
(4) Maintaining the commission’s financial records in accordance 20
with the bylaws; 21
(5) Meeting and taking such actions as are consistent with the 22
provisions of the compact, the commission’s rules, and the bylaws; 23
(6) Initiating and concluding legal proceedings or actions in the 24
name of the commission, provided that the standing of a state licensing 25
authority to sue or be sued under applicable law shall not be affected; 26
(7) Maintaining and certifying records and information provided to 27
a participating state as the authenticated business records of the 28
commission, and designating a person to do so on the commission’s 29
behalf; 30
(8) Purchasing and maintaining insurance and bonds; 31
(9) Borrowing, accepting, or contracting for services of personnel, 32
including, but not limited to, employees of a participating state; 33
(10) Conducting an annual financial review; 34
(11) Hiring employees, electing or appointing officers, fixing 35
compensation, defining duties, granting such individuals appropriate 36
authority to carry out the purposes of the compact, and establishing the 37
commission’s personnel policies and programs relating to conflicts of 38
interest, qualifications of personnel, and other related personnel 39
matters; 40
(12) As set forth in the commission rules, charging a fee to a 41
licensee for the grant of a compact privilege in a remote state and 42
thereafter, as may be established by commission rule, charging the 43
licensee a compact privilege renewal fee for each renewal period in 44
which that licensee exercises or intends to exercise the compact 45
privilege in that remote state. Nothing herein shall be construed to 46
prevent a remote state from charging a licensee a fee for a compact 47
privilege or renewals of a compact privilege, or a fee for the 48
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jurisprudence requirement if the remote state imposes such a 1
requirement for the grant of a compact privilege; 2
(13) Accepting any and all appropriate gifts, donations, grants of 3
money, other sources of revenue, equipment, supplies, materials, and 4
services, and receiving, utilizing, and disposing of the same, provided 5
that at all times the commission shall avoid any appearance of 6
impropriety or conflict of interest; 7
(14) Leasing, purchasing, retaining, owning, holding, improving, 8
or using any property, real, personal, or mixed, or any undivided 9
interest therein; 10
(15) Selling, conveying, mortgaging, pledging, leasing, 11
exchanging, abandoning, or otherwise disposing of any property, real, 12
personal, or mixed; 13
(16) Establishing a budget or making expenditures; 14
(17) Borrowing money; 15
(18) Appointing committees, including standing committees, 16
which may be composed of members, state regulators, state legislators 17
or their representatives, and consumer representatives, and such other 18
interested persons as may be designated in this compact and the 19
bylaws; 20
(19) Providing and receiving information from, and cooperating 21
with, law enforcement agencies; 22
(20) Electing a chair, vice chair, secretary, and treasurer, and such 23
other officers of the commission as provided in the commission’s 24
bylaws; 25
(21) Establishing and electing an executive board; 26
(22) Adopting and providing to the participating states an annual 27
report; 28
(23) Determining whether a state’s enacted compact is materially 29
different from the model compact language such that the state would 30
not qualify for participation in the compact; and 31
(24) Performing such other functions as may be necessary or 32
appropriate to achieve the purposes of this compact. 33
d. Meetings of the Commission. 34
(1) All meetings of the commission that are not closed pursuant to 35
this subsection shall be open to the public. Notice of public meetings 36
shall be posted on the commission’s Internet website at least 30 days 37
prior to the public meeting. 38
(2) Notwithstanding the provisions of paragraph (1) of this 39
subsection, the commission may convene an emergency public 40
meeting by providing at least 24 hours’ prior notice on the 41
commission’s Internet website, and any other means as provided in the 42
commission’s rules, for any of the reasons it may dispense with notice 43
of proposed rulemaking under subsection l. of section 9 of this 44
compact. The commission’s legal counsel shall certify that one of the 45
reasons justifying an emergency public meeting has been met. 46
(3) Notice of all commission meetings shall provide the time, date, 47
and location of the meeting, and if the meeting is to be held or 48
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accessible via telecommunication, video conference, or other 1
electronic means, the notice shall include the mechanism for access to 2
the meeting through such means. 3
(4) The commission may convene in a closed, nonpublic meeting 4
for the commission to receive legal advice or to discuss any of the 5
following: 6
(a) Noncompliance of a participating state with its obligations 7
under the compact; 8
(b) The employment, compensation, discipline, or other matters, 9
practices, or procedures related to specific employees or other matters 10
related to the commission’s internal personnel practices and 11
procedures; 12
(c) Current or threatened discipline of a licensee or compact 13
privilege holder by the commission or by a participating state’s 14
licensing authority; 15
(d) Current, threatened, or reasonably anticipated litigation; 16
(e) Negotiation of contracts for the purchase, lease, or sale of 17
goods, services, or real estate; 18
(f) Accusing any person of a crime or formally censuring any 19
person; 20
(g) Trade secrets or commercial or financial information that is 21
privileged or confidential; 22
(h) Information of a personal nature where disclosure would 23
constitute a clearly unwarranted invasion of personal privacy; 24
(i) Investigative records compiled for law enforcement purposes; 25
(j) Information related to any investigative reports prepared by or 26
on behalf of or for use of the commission or other committee charged 27
with responsibility of investigation or determination of compliance 28
issues pursuant to the compact; 29
(k) Legal advice; 30
(l) Matters specifically exempted from disclosure to the public by 31
federal or participating state law; and 32
(m) Other matters as promulgated by the commission by rule. 33
(5) If a meeting, or portion of a meeting, is closed, the presiding 34
officer shall state that the meeting will be closed and reference each 35
relevant exempting provision, and such reference shall be recorded in 36
the minutes. 37
(6) The commission shall keep minutes that fully and clearly 38
describe all matters discussed in a meeting and shall provide a full and 39
accurate summary of actions taken, and the reasons therefor, including 40
a description of the views expressed. All documents considered in 41
connection with an action shall be identified in such minutes. All 42
minutes and documents of a closed meeting shall remain under seal, 43
subject to release only by a majority vote of the commission or order 44
of a court of competent jurisdiction. 45
e. Financing of the Commission. 46
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(1) The commission shall pay or provide for the payment of the 1
reasonable expenses of its establishment, organization, and ongoing 2
activities. 3
(2) The commission may accept any and all appropriate sources of 4
revenue, donations, and grants of money, equipment, supplies, 5
materials, and services. 6
(3) The commission may levy on and collect an annual assessment 7
from each participating state and impose fees on licensees of 8
participating states when a compact privilege is granted to cover the 9
cost of the operations and activities of the commission and its staff, 10
which assessment and fees shall be in a total amount sufficient to 11
cover its annual budget as approved each fiscal year for which 12
sufficient revenue is not provided by other sources. The aggregate 13
annual assessment amount for participating states shall be allocated 14
based upon a formula that the commission shall promulgate by rule. 15
(4) The commission shall not incur obligations of any kind prior to 16
securing the funds adequate to meet the same, nor shall the 17
commission pledge the credit of any participating state, except by and 18
with the authority of the participating state. 19
(5) The commission shall keep accurate accounts of all receipts 20
and disbursements. The receipts and disbursements of the commission 21
shall be subject to the financial review and accounting procedures 22
established under the commission’s bylaws. All receipts and 23
disbursements of funds handled by the commission shall be subject to 24
an annual financial review by a certified or licensed public accountant, 25
and the report of the financial review shall be included in and become 26
part of the annual report of the commission. 27
f. The Executive Board. 28
(1) The executive board shall have the power to act on behalf of 29
the commission according to the terms of the compact. The powers, 30
duties, and responsibilities of the executive board shall include: 31
(a) Overseeing the day-to-day activities of the administration of the 32
compact, including compliance with the provisions of the compact, the 33
commission’s rules, and bylaws; 34
(b) Recommending to the commission changes to the rules or 35
bylaws, changes to this compact legislation, fees charged to the 36
compact participating states, fees charged to licensees, and other fees; 37
(c) Ensuring compact administration services are appropriately 38
provided, including by contract; 39
(d) Preparing and recommending the budget; 40
(e) Maintaining financial records on behalf of the commission; 41
(f) Monitoring compact compliance of participating states and 42
providing compliance reports to the commission; 43
(g) Establishing additional committees as necessary; 44
(h) Exercising the powers and duties of the commission during the 45
interim between commission meetings, except for adopting or 46
amending rules, adopting or amending bylaws, and exercising any 47
A1896 CONAWAY, REYNOLDS-JACKSON
14
other powers and duties expressly reserved to the commission by rule 1
or bylaw; and 2
(i) Other duties as provided in the rules or bylaws of the 3
commission. 4
(2) The executive board shall be composed of up to seven 5
members: 6
(a) The chair, vice chair, secretary, and treasurer of the 7
commission, and any other members of the commission who serve on 8
the executive board shall be voting members of the executive board; 9
and 10
(b) Other than the chair, vice chair, secretary, and treasurer of the 11
commission, the commission may elect up to three voting members to 12
the executive board from the current membership of the commission. 13
(3) The commission may remove any member of the executive 14
board as provided in the commission’s bylaws. 15
(4) The executive board shall meet at least annually. 16
(a) An executive board meeting at which the executive board takes 17
or intends to take formal action on a matter shall be open to the public, 18
except that the executive board may meet in a closed, nonpublic 19
session of a public meeting when dealing with any of the matters 20
covered under paragraph (4) of subsection d. of this section. 21
(b) The executive board shall give five business days’ notice of its 22
public meetings, posted on its Internet website and as it may otherwise 23
determine to provide notice to persons with an interest in the public 24
matters the executive board intends to address at those meetings. 25
(5) The executive board may hold an emergency meeting when 26
acting for the commission to do any of the following: 27
(a) Meet an imminent threat to public health, safety, or welfare; 28
(b) Prevent a loss of commission or participating state funds; or 29
(c) Protect public health and safety. 30
g. Qualified Immunity, Defense, and Indemnification. 31
(1) The members, officers, executive director, employees, and 32
representatives of the commission shall be immune from suit and 33
liability, both personally and in their official capacity, for any claim 34
for damage to or loss of property or personal injury or other civil 35
liability caused by or arising out of any actual or alleged act, error, or 36
omission that occurred, or that the person against whom the claim is 37
made had a reasonable basis for believing occurred, within the scope 38
of commission employment, duties, or responsibilities; provided that 39
nothing in this paragraph shall be construed to protect any such person 40
from suit or liability for any damage, loss, injury, or liability caused by 41
the intentional, willful, or wanton misconduct of that person. The 42
procurement of insurance of any type by the commission shall not in 43
any way compromise or limit the immunity granted hereunder. 44
(2) The commission shall defend any member, officer, executive 45
director, employee, and representative of the commission in any civil 46
action seeking to impose liability arising out of any actual or alleged 47
act, error, or omission that occurred within the scope of commission 48
A1896 CONAWAY, REYNOLDS-JACKSON
15
employment, duties, or responsibilities, or as determined by the 1
commission that the person against whom the claim is made had a 2
reasonable basis for believing occurred within the scope of 3
commission employment, duties, or responsibilities; provided that 4
nothing in this paragraph shall be construed to prohibit that person 5
from retaining counsel at that person’s own expense; and provided 6
further that the actual or alleged act, error, or omission did not result 7
from that person’s intentional, willful, or wanton misconduct. 8
(3) Notwithstanding the provisions of paragraph (1) of this 9
subsection, should any member, officer, executive director, employee, 10
or representative of the commission be held liable for the amount of 11
any settlement or judgment arising out of any actual or alleged act, 12
error, or omission that occurred within the scope of that individual’s 13
employment, duties, or responsibilities for the commission, or that the 14
person to whom the individual is liable had a reasonable basis for 15
believing occurred within the scope of the individual’s employment, 16
duties, or responsibilities for the commission, the commission shall 17
indemnify and hold harmless such individual, provided that the actual 18
or alleged act, error, or omission did not result from the intentional, 19
willful, or wanton misconduct of the individual. 20
(4) Nothing in this compact shall be construed as a limitation on 21
the liability of any licensee for professional malpractice or misconduct, 22
which shall be governed solely by any other applicable state laws. 23
(5) Nothing in this compact shall be interpreted to waive or 24
otherwise abrogate a participating state’s state action immunity or state 25
action affirmative defense with respect to antitrust claims under the 26
Sherman Act, the Clayton Act, or any other state or federal antitrust or 27
anticompetitive law or regulation. 28
(6) Nothing in this compact shall be construed to be a waiver of 29
sovereign immunity by the participating states or by the commission. 30
31
Section 8. Data System. 32
a. The commission shall provide for the development, 33
maintenance, operation, and utilization of a coordinated database and 34
reporting system containing licensure, adverse action, and the presence 35
of significant investigative information on all licensees and applicants 36
for a license in participating states. 37
b. Notwithstanding any other provision of state law to the 38
contrary, a participating state shall submit a uniform data set to the 39
data system on all individuals to whom this compact is applicable as 40
required by the rules of the commission, including all of the following: 41
(1) Identifying information; 42
(2) Licensure data; 43
(3) Adverse actions against a licensee, license applicant, or 44
compact privilege, and information related thereto; 45
(4) Nonconfidential information related to alternative program 46
participation, the beginning and ending dates of such participation, and 47
other information related to such participation ; 48
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16
(5) Any denial of an application for licensure and the reason for 1
such denial, excluding the reporting of any criminal history record 2
information where prohibited by law; 3
(6) The presence of significant investigative information; and 4
(7) Other information that may facilitate the administration of this 5
compact or the protection of the public, as determined by the rules of 6
the commission. 7
c. The records and information provided to a participating state 8
pursuant to this compact or through the data system, when certified by 9
the commission or an agent thereof, shall constitute the authenticated 10
business records of the commission, and shall be entitled to any 11
associated hearsay exception in any relevant judicial, quasi-judicial, or 12
administrative proceedings in a participating state. 13
d. Significant investigative information pertaining to a licensee in 14
any participating state shall only be available to other participating 15
states. 16
e. It shall be the responsibility of the participating states to 17
monitor the database to determine whether adverse action has been 18
taken against a licensee or license applicant. Adverse action 19
information pertaining to a licensee or license applicant in any 20
participating state shall be available to any other participating state. 21
f. Participating states contributing information to the data system 22
may designate information that may not be shared with the public 23
without the express permission of the contributing state. 24
g. Any information submitted to the data system that is 25
subsequently expunged pursuant to federal law or the laws of the 26
participating state contributing the information shall be removed from 27
the data system. 28
29
Section 9. Rulemaking. 30
a. The commission shall promulgate reasonable rules in order to 31
effectively and efficiently implement and administer the purposes and 32
provisions of the compact. A commission rule shall be invalid and 33
have no force or effect only if a court of competent jurisdiction holds 34
that the rule is invalid because the commission exercised its 35
rulemaking authority in a manner that is beyond the scope and 36
purposes of the compact or the powers granted hereunder, or based 37
upon another applicable standard of review. 38
b. The rules of the commission shall have the force of law in each 39
participating state, provided, however, that where the rules of the 40
commission conflict with the laws of the participating state that 41
establish the participating state’s scope of practice as held by a court of 42
competent jurisdiction, the rules of the commission shall be ineffective 43
in that state to the extent of the conflict. 44
c. The commission shall exercise its rulemaking powers pursuant 45
to the criteria set forth in this section and the rules adopted thereunder. 46
Rules shall become binding as of the date specified by the commission 47
for each rule. 48
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17
d. If a majority of the legislatures of the participating states 1
rejects a commission rule or portion of a commission rule, by 2
enactment of a statute or resolution in the same manner used to adopt 3
the compact, within four years of the date of adoption of the rule, then 4
such rule shall have no further force and effect in any participating 5
state or to any state applying to participate in the compact. 6
e. Rules shall be adopted at a regular or special meeting of the 7
commission. 8
f. Prior to adoption of a proposed rule, the commission shall hold 9
a public hearing and allow persons to provide oral and written 10
comments, data, facts, opinions, and arguments. 11
g. Prior to adoption of a proposed rule by the commission, and at 12
least 30 days in advance of the meeting at which the commission will 13
hold a public hearing on the proposed rule, the commission shall 14
provide a notice of proposed rulemaking as follows: 15
(1) On the Internet website of the commission or other publicly 16
accessible platform; 17
(2) To persons who have requested notice of the commission’s 18
notices of proposed rulemaking; and 19
(3) In such other ways as the commission may by rule specify. 20
h. The notice of proposed rulemaking shall include all of the 21
following: 22
(1) The time, date, and location of the public hearing at which the 23
commission will hear public comments on the proposed rule and, if 24
different, the time, date, and location of the meeting where the 25
commission will consider and vote on the proposed rule; 26
(2) If the hearing is held via telecommunication, video conference, 27
or other electronic means, the commission shall include the 28
mechanism for access to the hearing in the notice of proposed 29
rulemaking; 30
(3) The text of the proposed rule and the reason for the proposed 31
rule; 32
(4) A request for comments on the proposed rule from any 33
interested person; and 34
(5) The manner in which interested persons may submit written 35
comments. 36
i. All hearings shall be recorded. A copy of the recording and all 37
written comments and documents received by the commission in 38
response to the proposed rule shall be available to the public. 39
j. Nothing in this section shall be construed as requiring a 40
separate hearing on each commission rule. Rules may be grouped for 41
convenience of the commission at hearings required by this section. 42
k. The commission shall, by a majority vote of all commissioners, 43
take final action on the proposed rule based on the rulemaking record. 44
(1) The commission may adopt changes to the proposed rule, 45
provided the changes do not enlarge the original purposes of the 46
proposed rule. 47
A1896 CONAWAY, REYNOLDS-JACKSON
18
(2) The commission shall provide an explanation of the reasons for 1
substantive changes made to the proposed rule as well as reasons for 2
substantive changes not made that were recommended by commenters. 3
(3) The commission shall determine a reasonable effective date for 4
the rule. Except for an emergency as provided in subsection l. of this 5
section, the effective date of the rule shall be no sooner than 30 days 6
after the commission issues notice that it adopted or amended the rule. 7
l. Upon determination that an emergency exists, the commission 8
may consider and adopt an emergency rule with 24 hours’ notice, with 9
opportunity to comment, provided that the usual rulemaking 10
procedures provided in the compact and in this section shall be 11
retroactively applied to the rule as soon as reasonably possible, but in 12
no event later than 90 days after the effective date of the rule. For the 13
purposes of this subsection, an emergency rule is one that must be 14
adopted immediately in order to do any of the following: 15
(1) Meet an imminent threat to public health, safety, or welfare; 16
(2) Prevent a loss of commission or participating state funds; 17
(3) Meet a deadline for the promulgation of a rule that is 18
established by federal law or rule; or 19
(4) Protect public health and safety. 20
m. The commission or an authorized committee of the commission 21
may direct revisions to a previously adopted rule for purposes of 22
correcting typographical errors, errors in format, errors in consistency, 23
or grammatical errors. Public notice of any revisions shall be posted 24
on the Internet website of the commission. The revision shall be 25
subject to challenge by any person for a period of 30 days after 26
posting. The revision may be challenged only on grounds that the 27
revision results in a material change to a rule. A challenge shall be 28
made in writing and delivered to the commission prior to the end of 29
the notice period. If no challenge is made, the revision will take effect 30
without further action. If the revision is challenged, the revision may 31
not take effect without the approval of the commission. 32
n. No participating state’s rulemaking requirements shall apply 33
under this compact. 34
35
Section 10. Oversight, Dispute Resolution, and Enforcement. 36
a. Oversight. 37
(1) The executive and judicial branches of state government in 38
each participating state shall enforce this compact and take all actions 39
necessary and appropriate to implement the compact. 40
(2) Venue is proper and judicial proceedings by or against the 41
commission shall be brought solely and exclusively in a court of 42
competent jurisdiction where the principal office of the commission is 43
located. The commission may waive venue and jurisdictional defenses 44
to the extent it adopts or consents to participate in alternative dispute 45
resolution proceedings. Nothing herein shall affect or limit the 46
selection or propriety of venue in any action against a licensee for 47
professional malpractice, misconduct, or any such similar matter. 48
A1896 CONAWAY, REYNOLDS-JACKSON
19
(3) The commission shall be entitled to receive service of process 1
in any proceeding regarding the enforcement or interpretation of the 2
compact or commission rule and shall have standing to intervene in 3
such a proceeding for all purposes. Failure to provide the commission 4
service of process shall render a judgment or order void as to the 5
commission, this compact, or promulgated rules. 6
b. Default, Technical Assistance, and Termination. 7
(1) If the commission determines that a participating state has 8
defaulted in the performance of its obligations or responsibilities under 9
this compact or the promulgated rules, the commission shall provide 10
written notice to the defaulting state. The notice of default shall 11
describe the default, the proposed means of curing the default, and any 12
other action that the commission may take, and shall offer training and 13
specific technical assistance regarding the default. 14
(2) The commission shall provide a copy of the notice of default to 15
the other participating states. 16
c. If a state in default fails to cure the default, the defaulting state 17
may be terminated from the compact upon an affirmative vote of a 18
majority of the commissioners, and all rights, privileges, and benefits 19
conferred on that state by this compact may be terminated on the 20
effective date of termination. A cure of the default shall not relieve the 21
offending state of obligations or liabilities incurred during the period 22
of default. 23
d. Termination of participation in the compact shall be imposed 24
only after all other means of securing compliance have been 25
exhausted. Notice of intent to suspend or terminate shall be given by 26
the commission to the defaulting state’s governor, the majority and 27
minority leaders of the defaulting state’s legislature, the defaulting 28
state’s state licensing authority or authorities, as applicable, and each 29
of the participating states’ state licensing authority or authorities, as 30
applicable. 31
e. A state that has been terminated from participation in the 32
compact shall be responsible for all assessments, obligations, and 33
liabilities incurred through the effective date of termination, including 34
obligations that extend beyond the effective date of termination. 35
f. Upon the termination of a state’s participation in this compact, 36
that state shall immediately provide notice to all licensees of the state, 37
including licensees of other participating states issued a compact 38
privilege to practice within that state, of such termination. The 39
terminated state shall continue to recognize all compact privileges then 40
in effect in that state for a minimum of 180 days after the date of the 41
notice of termination. 42
g. The commission shall not bear any costs related to a state that 43
is found to be in default or that has been terminated from the compact 44
unless agreed upon in writing between the commission and the 45
defaulting state. 46
h. The defaulting state may appeal the action of the commission 47
by petitioning the United States District Court for the District of 48
A1896 CONAWAY, REYNOLDS-JACKSON
20
Columbia or the federal district where the commission has its principal 1
offices. The prevailing party shall be awarded all costs of such 2
litigation, including reasonable attorney fees. 3
i. Dispute Resolution. 4
(1) Upon request by a participating state, the commission shall 5
attempt to resolve disputes related to the compact that arise among 6
participating states and between participating states and 7
nonparticipating states. 8
(2) The commission shall promulgate a rule providing for both 9
mediation and binding dispute resolution for disputes, as appropriate. 10
j. Enforcement. 11
(1) The commission, in the reasonable exercise of its discretion, 12
shall enforce the provisions of this compact and the commission’s 13
rules. 14
(2) By a majority vote, the commission may initiate legal action 15
against a participating state in default in the United States District 16
Court for the District of Columbia or the federal district where the 17
commission has its principal offices to enforce compliance with the 18
provisions of the compact and its promulgated rules. The relief sought 19
may include both injunctive relief and damages. In the event judicial 20
enforcement is necessary, the prevailing party shall be awarded all 21
costs of such litigation, including reasonable attorney fees. The 22
remedies herein shall not be the exclusive remedies of the commission. 23
The commission may pursue any other remedies available under 24
federal or the defaulting participating state’s law. 25
(3) A participating state may initiate legal action against the 26
commission in the United States District Court for the District of 27
Columbia or the federal district where the commission has its principal 28
offices to enforce compliance with the provisions of the compact and 29
its promulgated rules. The relief sought may include both injunctive 30
relief and damages. In the event judicial enforcement is necessary, the 31
prevailing party shall be awarded all costs of such litigation, including 32
reasonable attorney fees. 33
(4) No individual or entity other than a participating state may 34
enforce this compact against the commission. 35
36
Section 11. Effective Date, Withdrawal, and Amendment. 37
a. The compact shall come into effect on the date on which the 38
compact statute is enacted into law in the seventh participating state. 39
(1) On or after the effective date of the compact, the commission 40
shall convene and review the enactment of each of the states that 41
enacted the compact prior to the commission convening, which shall 42
be known as charter participating states, to determine if the statute 43
enacted by each such charter participating state is materially different 44
from the model compact. 45
(a) If the enactment of a charter participating state is found to be 46
materially different from the model compact, the charter participating 47
A1896 CONAWAY, REYNOLDS-JACKSON
21
state shall be entitled to the default process set forth in section 10 of 1
this compact. 2
(b) If any participating state is later found to be in default, or is 3
terminated or withdraws from the compact, the commission shall 4
remain in existence and the compact shall remain in effect even if the 5
number of participating states should be less than seven. 6
(2) Participating states enacting the compact subsequent to the 7
charter participating states shall be subject to the process set forth in 8
paragraph (23) of subsection c. of section 7 of this compact to 9
determine if their enactments are materially different from the model 10
compact and whether they qualify for participation in the compact. 11
(3) All actions taken for the benefit of the commission or in 12
furtherance of the purposes of the administration of the compact prior 13
to the effective date of the compact or the commission coming into 14
existence shall be considered to be actions of the commission unless 15
specifically repudiated by the commission. 16
(4) Any state that joins the compact subsequent to the 17
commission’s initial adoption of the rules and bylaws shall be subject 18
to the commission’s rules and bylaws as they exist on the date on 19
which the compact becomes law in that state. Any rule that has been 20
previously adopted by the commission shall have the full force and 21
effect of law on the day the compact becomes law in that state. 22
b. Any participating state may withdraw from this compact by 23
enacting a statute repealing the state’s enactment of the compact. 24
(1) A participating state’s withdrawal shall not take effect until 25
180 days after enactment of the repealing statute. 26
(2) Withdrawal shall not affect the continuing requirement of the 27
withdrawing state’s licensing authority or authorities, as applicable, to 28
comply with the investigative and adverse action reporting 29
requirements of this compact prior to the effective date of withdrawal. 30
(3) Upon the enactment of a statute withdrawing from this 31
compact, the withdrawing state shall immediately provide notice of 32
such withdrawal to all licensees within that state. Notwithstanding any 33
subsequent statutory enactment to the contrary, such withdrawing state 34
shall continue to recognize all compact privileges to practice within 35
that state granted pursuant to this compact for a minimum of 180 days 36
after the date of such notice of withdrawal. 37
c. Nothing contained in this compact shall be construed to 38
invalidate or prevent any licensure agreement or other cooperative 39
arrangement between a participating state and a nonparticipating state 40
that does not conflict with the provisions of this compact. 41
d. This compact may be amended by the participating states. No 42
amendment to this compact shall become effective and binding upon 43
any participating state until it is enacted into the laws of all 44
participating states. 45
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22
Section 12. Construction and Severability. 1
a. This compact and the commission’s rulemaking authority shall 2
be liberally construed so as to effectuate the purposes and the 3
implementation and administration of the compact. Provisions of the 4
compact expressly authorizing or requiring the promulgation of rules 5
shall not be construed to limit the commission’s rulemaking authority 6
solely for those purposes. 7
b. The provisions of this compact shall be severable, and if any 8
phrase, clause, sentence, or provision of this compact is held by a court 9
of competent jurisdiction to be contrary to the constitution of any 10
participating state, a state seeking participation in the compact, or of 11
the United States, or the applicability thereof to any government, 12
agency, person, or circumstance is held to be unconstitutional by a 13
court of competent jurisdiction, the validity of the remainder of this 14
compact and the applicability thereof to any other government, 15
agency, person, or circumstance shall not be affected thereby. 16
c. Notwithstanding the provisions of subsection b. of this section, 17
the commission may deny a state’s participation in the compact or, in 18
accordance with the requirements of section 10 of this compact, 19
terminate a participating state’s participation in the compact, if it 20
determines that a constitutional requirement of a participating state is a 21
material departure from the compact. Otherwise, if this compact shall 22
be held to be contrary to the constitution of any participating state, the 23
compact shall remain in full force and effect as to the remaining 24
participating states and in full force and effect as to the participating 25
state affected as to all severable matters. 26
27
Section 13. Consistent Effect and Conflict with Other State Laws. 28
a. Nothing herein shall prevent or inhibit the enforcement of any 29
other law of a participating state that is not inconsistent with the 30
compact. 31
b. Any laws, statutes, regulations, or other legal requirements in a 32
participating state in conflict with the compact are superseded to the 33
extent of the conflict. 34
c. All permissible agreements between the commission and the 35
participating states are binding in accordance with their terms. 36
37
2. This act shall take effect immediately. 38