REQUIRES TWO-THIRDS MAJORITY VOTE (§ 1)
A.B. 143
- *AB143*
ASSEMBLY BILL NO. 143–ASSEMBLYMEMBER MARZOLA
PREFILED JANUARY 29, 2025
____________
Referred to Committee on Commerce and Labor
SUMMARY—Enacts the Dentist and Dental Hygienist Compact.
(BDR 54-877)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to dentistry; enacting the Dentist and Dental
Hygienist Compact; providing dentists and dental
hygienists practicing in this State under the Compact with
the same legal status as persons who are licensed to
practice those professions in this State; authorizing the
sharing of certain information with a data system created
by the Compact; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
Existing law provides for the licensure and regulation of dentists and dental 1
hygienists in this State by the Board of Dental Examiners of Nevada. (Chapter 631 2
of NRS) Section 1 of this bill enacts the Dentist and Dental Hygienist Compact, 3
which allows a person who is licensed as a dentist or a dental hygienist in a state 4
that is participating in the Compact to practice in other states that are participating 5
in the Compact. 6
In order to practice as a dentist or dental hygienist under the Compact, the 7
Compact requires a person to: (1) hold an unencumbered license in a state that is 8
participating in the Compact; (2) meet any requirement in the state in which he or 9
she seeks to practice under the Compact to pass an assessment of his or her 10
knowledge of the applicable laws and rules of that state; (3) submit to an 11
application process and pay any applicable fees; (4) have passed certain 12
examinations; (5) have graduated from certain programs for the education of 13
dentists or dental hygienists; (6) have completed a clinical assessment for licensure; 14
(7) report any adverse action taken against him or her within 30 days after the date 15
the adverse action is taken; (8) function within the scope of practice authorized by 16
each state in which he or she seeks to practice; and (9) meet certain other 17
requirements for eligibility. The Compact authorizes a participating state to take 18
adverse action against a dentist or dental hygienist who is practicing in the 19
participating state under the Compact. 20
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The Compact requires participating states to create a joint government agency 21
called the Dentist and Dental Hygienist Compact Commission. The Compact sets 22
forth the powers of the Commission which include, among other powers, the power 23
to adopt rules and bylaws and to hold meetings, which may be closed under certain 24
circumstances. The Compact additionally authorizes the Commission to levy and 25
collect an annual assessment from participating states and impose fees upon 26
persons seeking to practice under the Compact to cover the cost of its operations. 27
The Compact requires the Commission to create a data system to facilitate the 28
sharing of information among participating states. Section 2 of this bill, in general, 29
authorizes the Board of Dental Examiners of Nevada to disclose information to that 30
data system when required by the Compact. Section 4 of this bill provides for the 31
confidentiality of certain information disclosed through the data system. 32
The Compact provides additional provisions to carry out the Compact, 33
including providing procedures for the taking of adverse actions against licensees, 34
provisions for rulemaking by the Commission, provisions for oversight, dispute 35
resolution and enforcement and procedures for amendments and withdrawals. 36
Section 3 of this bill deems practicing as a dentist or dental hygienist under the 37
Compact to be equivalent to practicing under a license issued by the Board, thereby 38
providing such persons with the same authority, duties and legal protections as a 39
licensee. 40
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 631 of NRS is hereby amended by adding 1
thereto a new section to read as follows: 2
The Dentist and Dental Hygienist Compact is hereby ratified 3
and entered into with all other jurisdictions legally joining the 4
Compact, in substantially the form set forth in this section: 5
6
DENTIST AND DENTAL HYGIENIST COMPACT 7
8
SECTION 1. TITLE AND PURPOSE 9
10
This statute shall be known and cited as the Dentist and Dental 11
Hygienist Compact. The purposes of this Compact are to facilitate 12
the interstate practice of dentistry and dental hygiene and improve 13
public access to dentistry and dental hygiene services by providing 14
Dentists and Dental Hygienists licensed in a Participating State 15
the ability to practice in Participating States in which they are not 16
licensed. The Compact does this by establishing a pathway for 17
Dentists and Dental Hygienists licensed in a Participating State to 18
obtain a Compact Privilege that authorizes them to practice in 19
another Participating State in which they are not licensed. The 20
Compact enables Participating States to protect the public health 21
and safety with respect to the practice of such Dentists and Dental 22
Hygienists, through the State’s authority to regulate the practice 23
of dentistry and dental hygiene in the State. The Compact: 24
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A. Enables Dentists and Dental Hygienists who qualify for a 1
Compact Privilege to practice in other Participating States without 2
satisfying burdensome and duplicative requirements associated 3
with securing a License to practice in those States; 4
B. Promotes mobility and addresses workforce shortages 5
through each Participating State’s acceptance of a Compact 6
Privilege to practice in that State; 7
C. Increases public access to qualified, licensed Dentists and 8
Dental Hygienists by creating a responsible, streamlined pathway 9
for Licensees to practice in Participating States; 10
D. Enhances the ability of Participating States to protect the 11
public’s health and safety; 12
E. Does not interfere with licensure requirements established 13
by a Participating State; 14
F. Facilitates the sharing of licensure and disciplinary 15
information among Participating States; 16
G. Requires Dentists and Dental Hygienists who practice in a 17
Participating State pursuant to a Compact Privilege to practice 18
within the Scope of Practice authorized in that State; 19
H. Extends the authority of a Participating State to regulate 20
the practice of dentistry and dental hygiene within its borders to 21
Dentists and Dental Hygienists who practice in the State through a 22
Compact Privilege; 23
I. Promotes the cooperation of Participating States in 24
regulating the practice of dentistry and dental hygiene within 25
those States; and 26
J. Facilitates the relocation of military members and their 27
spouses who are licensed to practice dentistry or dental hygiene. 28
29
SECTION 2. DEFINITIONS 30
31
As used in this Compact, unless the context requires otherwise, 32
the following definitions shall apply: 33
A. “Active Military Member” means any person with full-34
time duty status in the armed forces of the United States, including 35
members of the National Guard and Reserve. 36
B. “Adverse Action” means disciplinary action or 37
encumbrance imposed on a License or Compact Privilege by a 38
State Licensing Authority. 39
C. “Alternative Program” means a non -disciplinary 40
monitoring or practice remediation process applicable to a Dentist 41
or Dental Hygienist approved by a State Licensing Authority of a 42
Participating State in which the Dentist or Dental Hygienist is 43
licensed. This includes, but is not limited to, programs to which 44
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Licensees with substance abuse or addiction issues are referred in 1
lieu of Adverse Action. 2
D. “Clinical Assessment” means examination or process, 3
required for licensure as a Dentist or Dental Hygienist, as 4
applicable, that provides evidence of clinical competence in 5
dentistry or dental hygiene. 6
E. “Commissioner” means the individual appointed by a 7
Participating State to serve as the member of the Commission for 8
that Participating State. 9
F. “Compact” means this Dentist and Dental Hygienist 10
Compact. 11
G. “Compact Privilege” means the authorization granted by a 12
Remote State to allow a Licensee from a Participating State to 13
practice as a Dentist or Dental Hygienist in a Remote State. 14
H. “Continuing Professional Development” means a 15
requirement, as a condition of License renewal to provide evidence 16
of successful participation in educational or professional activities 17
relevant to practice or area of work. 18
I. “Criminal Background Check” means the submission of 19
fingerprints or other biometric-based information for a License 20
applicant for the purpose of obtaining that applicant’s criminal 21
history record information, as defined in 28 C.F.R. § 20.3(d) from 22
the Federal Bureau of Investigation and the State’s criminal 23
history record repository as defined in 28 C.F.R. § 20.3(f). 24
J. “Data System” means the Commission’s repository of 25
information about Licensees, including, but not limited to, 26
examination, licensure, investigative, Compact Privilege, Adverse 27
Action, and Alternative Program. 28
K. “Dental Hygienist” means an individual who is licensed by 29
a State Licensing Authority to practice dental hygiene. 30
L. “Dentist” means an individual who is licensed by a State 31
Licensing Authority to practice dentistry. 32
M. “Dentist and Dental Hygienist Compact Commission” or 33
“Commission” means a joint government agency established by 34
this Compact comprised of each State that has enacted the 35
Compact and a national administrative body comprised of a 36
Commissioner from each State that has enacted the Compact. 37
N. “Encumbered License” means a License that a State 38
Licensing Authority has limited in any way other than through an 39
Alternative Program. 40
O. “Executive Board” means the Chair, Vice Chair, 41
Secretary and Treasurer and any other Commissioners as may be 42
determined by Commission Rule or bylaw. 43
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P. “Jurisprudence Requirement” means the assessment of an 1
individual’s knowledge of the laws and Rules governing the 2
practice of dentistry or dental hygiene, as applicable, in a State. 3
Q. “License” means current authorization by a State, other 4
than authorization pursuant to a Compact Privilege, or other 5
privilege, for an individual to practice as a Dentist or Dental 6
Hygienist in that State. 7
R. “Licensee” means an individual who holds an unrestricted 8
License from a Participating State to practice as a Dentist or 9
Dental Hygienist in that State. 10
S. “Model Compact” means the model for the Dentist and 11
Dental Hygienist Compact on file with the Council of State 12
Governments or other entity as designated by the Commission. 13
T. “Participating State” means a State that has enacted the 14
Compact and been admitted to the Commission in accordance with 15
the provisions herein and Commission Rules. 16
U. “Qualifying License” means a License that is not an 17
Encumbered License issued by a Participating State to practice 18
dentistry or dental hygiene. 19
V. “Remote State” means a Participating State where a 20
Licensee who is not licensed as a Dentist or Dental Hygienist is 21
exercising or seeking to exercise the Compact Privilege. 22
W. “Rule” means a regulation promulgated by an entity that 23
has the force of law. 24
X. “Scope of Practice” means the procedures, actions, and 25
processes a Dentist or Dental Hygienist licensed in a State is 26
permitted to undertake in that State and the circumstances under 27
which the Licensee is permitted to undertake those procedures, 28
actions and processes. Such procedures, actions and processes and 29
the circumstances under which they may be undertaken may be 30
established through means, including, but not limited to, statute, 31
regulations, case law, and other processes available to the State 32
Licensing Authority or other government agency. 33
Y. “Significant Investigative Information” means 34
information, records, and documents received or generated by a 35
State Licensing Authority pursuant to an investigation for which a 36
determination has been made that there is probable cause to 37
believe that the Licensee has violated a statute or regulation that is 38
considered more than a minor infraction for which the State 39
Licensing Authority could pursue Adverse Action against the 40
Licensee. 41
Z. “State” means any state, commonwealth, district, or 42
territory of the United States of America that regulates the 43
practices of dentistry and dental hygiene. 44
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AA. “State Licensing Authority” means an agency or other 1
entity of a State that is responsible for the licensing and regulation 2
of Dentists or Dental Hygienists. 3
4
SECTION 3. STATE PARTICIPATION IN THE COMPACT 5
6
A. In order to join the Compact and thereafter continue as a 7
Participating State, a State must: 8
1. Enact a compact that is not materially different from the 9
Model Compact as determined in accordance with Commission 10
Rules; 11
2. Participate fully in the Commission’s Data System; 12
3. Have a mechanism in place for receiving and 13
investigating complaints about its Licensees and License 14
applicants; 15
4. Notify the Commission, in compliance with the terms of 16
the Compact and Commission Rules, of any Adverse Action or the 17
availability of Significant Investigative Information regarding a 18
Licensee and License applicant; 19
5. Fully implement a Criminal Background Check 20
requirement, within a time frame established by Commission Rule, 21
by receiving the results of a qualifying Criminal Background 22
Check; 23
6. Comply with the Commission Rules applicable to a 24
Participating State; 25
7. Accept the National Board Examinations of the Joint 26
Commission on National Dental Examinations or another 27
examination accepted by Commission Rule as a licensure 28
examination; 29
8. Accept for licensure that applicants for a Dentist License 30
graduate from a predoctoral dental education program accredited 31
by the Commission on Dental Accreditation, or another 32
accrediting agency recognized by the United States Department of 33
Education for the accreditation of dentistry and dental hygiene 34
education programs, leading to the Doctor of Dental Surgery 35
(D.D.S.) or Doctor of Dental Medicine (D.M.D.) degree; 36
9. Accept for licensure that applicants for a Dental 37
Hygienist License graduate from a dental hygiene education 38
program accredited by the Commission on Dental Accreditation or 39
another accrediting agency recognized by the United States 40
Department of Education for the accreditation of dentistry and 41
dental hygiene education programs; 42
10. Require for licensure that applicants successfully 43
complete a Clinical Assessment; 44
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11. Have Continuing Professional Development 1
requirements as a condition for License renewal; and 2
12. Pay a participation fee to the Commission as 3
established by Commission Rule. 4
B. Providing alternative pathways for an individual to obtain 5
an unrestricted License does not disqualify a State from 6
participating in the Compact. 7
C. When conducting a Criminal Background Check, the 8
State Licensing Authority shall: 9
1. Consider that information in making a licensure 10
decision; 11
2. Maintain documentation of completion of the Criminal 12
Background Check and background check information to the 13
extent allowed by State and federal law; and 14
3. Report to the Commission whether it has completed the 15
Criminal Background Check and whether the individual was 16
granted or denied a License. 17
D. A Licensee of a Participating State who has a Qualifying 18
License in that State and does not hold an Encumbered License in 19
any other Participating State, shall be issued a Compact Privilege 20
in a Remote State in accordance with the terms of the Compact 21
and Commission Rules. If a Remote State has a Jurisprudence 22
Requirement a Compact Privilege will not be issued to the 23
Licensee unless the Licensee has satisfied the Jurisprudence 24
Requirement. 25
26
SECTION 4. COMPACT PRIVILEGE 27
28
A. To obtain and exercise the Compact Privilege under the 29
terms and provisions of the Compact, the Licensee shall: 30
1. Have a Qualifying License as a Dentist or Dental 31
Hygienist in a Participating State; 32
2. Be eligible for a Compact Privilege in any Remote State 33
in accordance with D, G and H of this section; 34
3. Submit to an application process whenever the Licensee 35
is seeking a Compact Privilege; 36
4. Pay any applicable Commission and Remote State fees 37
for a Compact Privilege in the Remote State; 38
5. Meet any Jurisprudence Requirement established by a 39
Remote State in which the Licensee is seeking a Compact 40
Privilege; 41
6. Have passed a National Board Examination of the Joint 42
Commission on National Dental Examinations or another 43
examination accepted by Commission Rule; 44
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7. For a Dentist, have graduated from a predoctoral dental 1
education program accredited by the Commission on Dental 2
Accreditation, or another accrediting agency recognized by the 3
United States Department of Education for the accreditation of 4
dentistry and dental hygiene education programs, leading to the 5
Doctor of Dental Surgery (D.D.S.) or Doctor of Dental Medicine 6
(D.M.D.) degree; 7
8. For a Dental Hygienist, have graduated from a dental 8
hygiene education program accredited by the Commission on 9
Dental Accreditation or another accrediting agency recognized by 10
the United States Department of Education for the accreditation of 11
dentistry and dental hygiene education programs; 12
9. Have successfully completed a Clinical Assessment for 13
licensure; 14
10. Report to the Commission Adverse Action taken by any 15
non-Participating State when applying for a Compact Privilege 16
and, otherwise, within thirty (30) days from the date the Adverse 17
Action is taken; 18
11. Report to the Commission when applying for a Compact 19
Privilege the address of the Licensee’s primary residence and 20
thereafter immediately report to the Commission any change in 21
the address of the Licensee’s primary residence; and 22
12. Consent to accept service of process by mail at the 23
Licensee’s primary residence on record with the Commission with 24
respect to any action brought against the Licensee by the 25
Commission or a Participating State, and consent to accept service 26
of a subpoena by mail at the Licensee’s primary residence on 27
record with the Commission with respect to any action brought or 28
investigation conducted by the Commission or a Participating 29
State. 30
B. The Licensee must comply with the requirements of 31
subsection A of this section to maintain the Compact Privilege in 32
the Remote State. If those requirements are met, the Compact 33
Privilege will continue as long as the Licensee maintains a 34
Qualifying License in the State through which the Licensee 35
applied for the Compact Privilege and pays any applicable 36
Compact Privilege renewal fees. 37
C. A Licensee providing dentistry or dental hygiene in a 38
Remote State under the Compact Privilege shall function within 39
the Scope of Practice authorized by the Remote State for a Dentist 40
or Dental Hygienist licensed in that State. 41
D. A Licensee providing dentistry or dental hygiene pursuant 42
to a Compact Privilege in a Remote State is subject to that State’s 43
regulatory authority. A Remote State may, in accordance with due 44
process and that State’s laws, by Adverse Action revoke or remove 45
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a Licensee’s Compact Privilege in the Remote State for a specific 1
period of time and impose fines or take any other necessary 2
actions to protect the health and safety of its citizens. If a Remote 3
State imposes an Adverse Action against a Compact Privilege that 4
limits the Compact Privilege, that Adverse Action applies to all 5
Compact Privileges in all Remote States. A Licensee whose 6
Compact Privilege in a Remote State is removed for a specified 7
period of time is not eligible for a Compact Privilege in any other 8
Remote State until the specific time for removal of the Compact 9
Privilege has passed and all encumbrance requirements are 10
satisfied. 11
E. If a License in a Participating State is an Encumbered 12
License, the Licensee shall lose the Compact Privilege in a Remote 13
State and shall not be eligible for a Compact Privilege in any 14
Remote State until the License is no longer encumbered. 15
F. Once an Encumbered License in a Participating State is 16
restored to good standing, the Licensee must meet the 17
requirements of subsection A of this section to obtain a Compact 18
Privilege in a Remote State. 19
G. If a Licensee’s Compact Privilege in a Remote State is 20
removed by the Remote State, the individual shall lose or be 21
ineligible for the Compact Privilege in any Remote State until the 22
following occur: 23
1. The specific period of time for which the Compact 24
Privilege was removed has ended; and 25
2. All conditions for removal of the Compact Privilege have 26
been satisfied. 27
H. Once the requirements of subsection G of this section 28
have been met, the Licensee must meet the requirements in 29
subsection A of this section to obtain a Compact Privilege in a 30
Remote State. 31
32
SECTION 5. ACTIVE MILITARY MEMBER S OR THEIR 33
SPOUSES 34
35
An Active Military Member and their spouse shall not be 36
required to pay to the Commission for a Compact Privilege the fee 37
otherwise charged by the Commission. If a Remote State chooses 38
to charge a fee for a Compact Privilege, it may choose to charge a 39
reduced fee or no fee to an Active Military Member and their 40
spouse for a Compact Privilege. 41
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SECTION 6. ADVERSE ACTIONS 1
2
A. A Participating State in which a Licensee is licensed shall 3
have exclusive authority to impose Adverse Action against the 4
Qualifying License issued by that Participating State. 5
B. A Participating State may take Adverse Action based on 6
the Significant Investigative Information of a Remote State, so 7
long as the Participating State follows its own procedures for 8
imposing Adverse Action. 9
C. Nothing in this Compact shall override a Participating 10
State’s decision that participation in an Alternative Program may 11
be used in lieu of Adverse Action and that such participation shall 12
remain non-public if required by the Participating State’s laws. 13
Participating States must require Licensees who enter any 14
Alternative Program in lieu of discipline to agree not to practice 15
pursuant to a Compact Privilege in any other Participating State 16
during the term of the Alternative Program without prior 17
authorization from such other Participating State. 18
D. Any Participating State in which a Licensee is applying to 19
practice or is practicing pursuant to a Compact Privilege may 20
investigate actual or alleged violations of the statutes and 21
regulations authorizing the practice of dentistry or dental hygiene 22
in any other Participating State in which the Dentist or Dental 23
Hygienist holds a License or Compact Privilege. 24
E. A Remote State shall have the authority to: 25
1. Take Adverse Actions as set forth in Section 4.D against 26
a Licensee’s Compact Privilege in the State; 27
2. In furtherance of its rights and responsibilities under the 28
Compact and the Commission’s Rules issue subpoenas for both 29
hearings and investigations that require the attendance and 30
testimony of witnesses, and the production of evidence. Subpoenas 31
issued by a State Licensing Authority in a Participating State for 32
the attendance and testimony of witnesses, or the production of 33
evidence from another Participating State, shall be enforced in the 34
latter State by any court of competent jurisdiction, according to 35
the practice and procedure of that court applicable to subpoenas 36
issued in proceedings pending before it. The issuing authority 37
shall pay any witness fees, travel expenses, mileage, and other fees 38
required by the service statutes of the State where the witnesses or 39
evidence are located; and 40
3. If otherwise permitted by State law, recover from the 41
Licensee the costs of investigations and disposition of cases 42
resulting from any Adverse Action taken against that Licensee. 43
F. Joint Investigations 44
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1. In addition to the authority granted to a Participating 1
State by its Dentist or Dental Hygienist licensure act or other 2
applicable State law, a Participating State may jointly investigate 3
Licensees with other Participating States. 4
2. Participating States shall share any Significant 5
Investigative Information, litigation, or compliance materials in 6
furtherance of any joint or individual investigation initiated under 7
the Compact. 8
G. Authority to Continue Investigation 9
1. After a Licensee’s Compact Privilege in a Remote State 10
is terminated, the Remote State may continue an investigation of 11
the Licensee that began when the Licensee had a Compact 12
Privilege in that Remote State. 13
2. If the investigation yields what would be Significant 14
Investigative Information had the Licensee continued to have a 15
Compact Privilege in that Remote State, the Remote State shall 16
report the presence of such information to the Data System as 17
required by Section 8.B.6 as if it was Significant Investigative 18
Information. 19
20
SECTION 7. ESTABLISHMENT AND OPER ATION OF THE 21
COMMISSION 22
23
A. The Compact Participating States hereby create and 24
establish a joint government agency whose membership consists of 25
all Participating States that have enacted the Compact. The 26
Commission is an instrumentality of the Participating States 27
acting jointly and not an instrumentality of any one State. The 28
Commission shall come into existence on or after the effective date 29
of the Compact as set forth in Section 11A. 30
B. Participation, Voting, and Meetings 31
1. Each Participating State shall have and be limited to one 32
(1) Commissioner selected by that Participating State’s State 33
Licensing Authority or, if the State has more than one State 34
Licensing Authority, selected collectively by the State Licensing 35
Authorities. 36
2. The Commissioner shall be a member or designee of 37
such Authority or Authorities. 38
3. The Commission may by Rule or bylaw establish a term 39
of office for Commissioners and may by Rule or bylaw establish 40
term limits. 41
4. The Commission may recommend to a State Licensing 42
Authority or Authorities, as applicable, removal or suspension of 43
an individual as the State’s Commissioner. 44
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5. A Participating State’s State Licensing Authority, or 1
Authorities, as applicable, shall fill any vacancy of its 2
Commissioner on the Commission within sixty (60) days of the 3
vacancy. 4
6. Each Commissioner shall be entitled to one vote on all 5
matters that are voted upon by the Commission. 6
7. The Commission shall meet at least once during each 7
calendar year. Additional meetings may be held as set forth in the 8
bylaws. The Commission may meet by telecommunication, video 9
conference or other similar electronic means. 10
C. The Commission shall have the following powers: 11
1. Establish the fiscal year of the Commission; 12
2. Establish a code of conduct and conflict of interest 13
policies; 14
3. Adopt Rules and bylaws; 15
4. Maintain its financial records in accordance with the 16
bylaws; 17
5. Meet and take such actions as are consistent with the 18
provisions of this Compact, the Commission’s Rules, and the 19
bylaws; 20
6. Initiate and conclude legal proceedings or actions in the 21
name of the Commission, provided that the standing of any State 22
Licensing Authority to sue or be sued under applicable law shall 23
not be affected; 24
7. Maintain and certify records and information provided to 25
a Participating State as the authenticated business records of the 26
Commission, and designate a person to do so on the Commission’s 27
behalf; 28
8. Purchase and maintain insurance and bonds; 29
9. Borrow, accept, or contract for services of personnel, 30
including, but not limited to, employees of a Participating State; 31
10. Conduct an annual financial review; 32
11. Hire employees, elect or appoint officers, fix 33
compensation, define duties, grant such individuals appropriate 34
authority to carry out the purposes of the Compact, and establish 35
the Commission’s personnel policies and programs relating to 36
conflicts of interest, qualifications of personnel, and other related 37
personnel matters; 38
12. As set forth in the Commission Rules, charge a fee to a 39
Licensee for the grant of a Compact Privilege in a Remote State 40
and thereafter, as may be established by Commission Rule, charge 41
the Licensee a Compact Privilege renewal fee for each renewal 42
period in which that Licensee exercises or intends to exercise the 43
Compact Privilege in that Remote State. Nothing herein shall be 44
construed to prevent a Remote State from charging a Licensee a 45
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fee for a Compact Privilege or renewals of a Compact Privilege, or 1
a fee for the Jurisprudence Requirement if the Remote State 2
imposes such a requirement for the grant of a Compact Privilege; 3
13. Accept any and all appropriate gifts, donations, grants 4
of money, other sources of revenue, equipment, supplies, 5
materials, and services, and receive, utilize, and dispose of the 6
same; provided that at all times the Commission shall avoid any 7
appearance of impropriety and/or conflict of interest; 8
14. Lease, purchase, retain, own, hold, improve, or use any 9
property, real, personal, or mixed, or any undivided interest 10
therein; 11
15. Sell, convey, mortgage, pledge, lease, exchange, 12
abandon, or otherwise dispose of any property real, personal, or 13
mixed; 14
16. Establish a budget and make expenditures; 15
17. Borrow money; 16
18. Appoint committees, including standing committees, 17
which may be composed of members, State regulators, State 18
legislators or their representatives, and consumer representatives, 19
and such other interested persons as may be designated in this 20
Compact and the bylaws; 21
19. Provide and receive information from, and cooperate 22
with, law enforcement agencies; 23
20. Elect a Chair, Vice Chair, Secretary and Treasurer and 24
such other officers of the Commission as provided in the 25
Commission’s bylaws; 26
21. Establish and elect an Executive Board; 27
22. Adopt and provide to the Participating States an annual 28
report; 29
23. Determine whether a State’s enacted compact is 30
materially different from the Model Compact language such that 31
the State would not qualify for participation in the Compact; and 32
24. Perform such other functions as may be necessary or 33
appropriate to achieve the purposes of this Compact. 34
D. Meetings of the Commission 35
1. All meetings of the Commission that are not closed 36
pursuant to this subsection shall be open to the public. Notice of 37
public meetings shall be posted on the Commission’s website at 38
least thirty (30) days prior to the public meeting. 39
2. Notwithstanding subsection D.1 of this section, the 40
Commission may convene an emergency public meeting by 41
providing at least twenty-four (24) hours prior notice on the 42
Commission’s website, and any other means as provided in the 43
Commission’s Rules, for any of the reasons it may dispense with 44
notice of proposed rulemaking under Section 9.L. The 45
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Commission’s legal counsel shall certify that one of the reasons 1
justifying an emergency public meeting has been met. 2
3. Notice of all Commission meetings shall provide the 3
time, date, and location of the meeting, and if the meeting is to be 4
held or accessible via telecommunication, video conference, or 5
other electronic means, the notice shall include the mechanism for 6
access to the meeting through such means. 7
4. The Commission may convene in a closed, non-public 8
meeting for the Commission to receive legal advice or to discuss: 9
a. Non-compliance of a Participating State with its 10
obligations under the Compact; 11
b. The employment, compensation, discipline or other 12
matters, practices or procedures related to specific employees or 13
other matters related to the Commission’s internal personnel 14
practices and procedures; 15
c. Current or threatened discipline of a Licensee or 16
Compact Privilege holder by the Commission or by a Participating 17
State’s Licensing Authority; 18
d. Current, threatened, or reasonably anticipated 19
litigation; 20
e. Negotiation of contracts for the purchase, lease, or 21
sale of goods, services, or real estate; 22
f. Accusing any person of a crime or formally censuring 23
any person; 24
g. Trade secrets or commercial or financial information 25
that is privileged or confidential; 26
h. Information of a personal nature where disclosure 27
would constitute a clearly unwarranted invasion of personal 28
privacy; 29
i. Investigative records compiled for law enforcement 30
purposes; 31
j. Information related to any investigative reports 32
prepared by or on behalf of or for use of the Commission or other 33
committee charged with responsibility of investigation or 34
determination of compliance issues pursuant to the Compact; 35
k. Legal advice; 36
l. Matters specifically exempted from disclosure to the 37
public by federal or Participating State law; and 38
m. Other matters as promulgated by the Commission by 39
Rule. 40
5. If a meeting, or portion of a meeting, is closed, the 41
presiding officer shall state that the meeting will be closed and 42
reference each relevant exempting provision, and such reference 43
shall be recorded in the minutes. 44
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6. The Commission shall keep minutes that fully and 1
clearly describe all matters discussed in a meeting and shall 2
provide a full and accurate summary of actions taken, and the 3
reasons therefore, including a description of the views expressed. 4
All documents considered in connection with an action shall be 5
identified in such minutes. All minutes and documents of a closed 6
meeting shall remain under seal, subject to release only by a 7
majority vote of the Commission or order of a court of competent 8
jurisdiction. 9
E. Financing of the Commission 10
1. The Commission shall pay, or provide for the payment 11
of, the reasonable expenses of its establishment, organization, and 12
ongoing activities. 13
2. The Commission may accept any and all appropriate 14
sources of revenue, donations, and grants of money, equipment, 15
supplies, materials, and services. 16
3. The Commission may levy on and collect an annual 17
assessment from each Participating State and impose fees on 18
Licensees of Participating States when a Compact Privilege is 19
granted, to cover the cost of the operations and activities of the 20
Commission and its staff, which must be in a total amount 21
sufficient to cover its annual budget as approved each fiscal year 22
for which sufficient revenue is not provided by other sources. The 23
aggregate annual assessment amount for Participating States 24
shall be allocated based upon a formula that the Commission shall 25
promulgate by Rule. 26
4. The Commission shall not incur obligations of any kind 27
prior to securing the funds adequate to meet the same; nor shall 28
the Commission pledge the credit of any Participating State, 29
except by and with the authority of the Participating State. 30
5. The Commission shall keep accurate accounts of all 31
receipts and disbursements. The receipts and disbursements of the 32
Commission shall be subject to the financial review and 33
accounting procedures established under its bylaws. All receipts 34
and disbursements of funds handled by the Commission shall be 35
subject to an annual financial review by a certified or licensed 36
public accountant, and the report of the financial review shall be 37
included in and become part of the annual report of the 38
Commission. 39
F. The Executive Board 40
1. The Executive Board shall have the power to act on 41
behalf of the Commission according to the terms of this Compact. 42
The powers, duties, and responsibilities of the Executive Board 43
shall include: 44
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a. Overseeing the day-to-day activities of the 1
administration of the Compact including compliance with the 2
provisions of the Compact, the Commission’s Rules and bylaws; 3
b. Recommending to the Commission changes to the 4
Rules or bylaws, changes to this Compact legislation, fees charged 5
to Compact Participating States, fees charged to Licensees, and 6
other fees; 7
c. Ensuring Compact administration services are 8
appropriately provided, including by contract; 9
d. Preparing and recommending the budget; 10
e. Maintaining financial records on behalf of the 11
Commission; 12
f. Monitoring Compact compliance of Participating 13
States and providing compliance reports to the Commission; 14
g. Establishing additional committees as necessary; 15
h. Exercising the powers and duties of the Commission 16
during the interim between Commission meetings, except for 17
adopting or amending Rules, adopting or amending bylaws, and 18
exercising any other powers and duties expressly reserved to the 19
Commission by Rule or bylaw; and 20
i. Other duties as provided in the Rules or bylaws of the 21
Commission. 22
2. The Executive Board shall be composed of up to seven 23
(7) members: 24
a. The Chair, Vice Chair, Secretary and Treasurer of 25
the Commission and any other members of the Commission who 26
serve on the Executive Board shall be voting members of the 27
Executive Board; and 28
b. Other than the Chair, Vice Chair, Secretary, and 29
Treasurer, the Commission may elect up to three (3) voting 30
members from the current membership of the Commission. 31
3. The Commission may remove any member of the 32
Executive Board as provided in the Commission’s bylaws. 33
4. The Executive Board shall meet at least annually. 34
a. An Executive Board meeting at which it takes or 35
intends to take formal action on a matter shall be open to the 36
public, except that the Executive Board may meet in a closed, non-37
public session of a public meeting when dealing with any of the 38
matters covered under subsection D.4 of this section. 39
b. The Executive Board shall give five (5) business days’ 40
notice of its public meetings, posted on its website and as it may 41
otherwise determine to provide notice to persons with an interest 42
in the public matters the Executive Board intends to address at 43
those meetings. 44
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5. The Executive Board may hold an emergency meeting 1
when acting for the Commission to: 2
a. Meet an imminent threat to public health, safety, or 3
welfare; 4
b. Prevent a loss of Commission or Participating State 5
funds; or 6
c. Protect public health and safety. 7
G. Qualified Immunity, Defense, and Indemnification 8
1. The members, officers, executive director, employees and 9
representatives of the Commission shall be immune from suit and 10
liability, both personally and in their official capacity, for any 11
claim for damage to or loss of property or personal injury or other 12
civil liability caused by or arising out of any actual or alleged act, 13
error, or omission that occurred, or that the person against whom 14
the claim is made had a reasonable basis for believing occurred 15
within the scope of Commission employment, duties or 16
responsibilities; provided that nothing in this paragraph shall be 17
construed to protect any such person from suit or liability for any 18
damage, loss, injury, or liability caused by the intentional or 19
willful or wanton misconduct of that person. The procurement of 20
insurance of any type by the Commission shall not in any way 21
compromise or limit the immunity granted hereunder. 22
2. The Commission shall defend any member, officer, 23
executive director, employee, and representative of the 24
Commission in any civil action seeking to impose liability arising 25
out of any actual or alleged act, error, or omission that occurred 26
within the scope of Commission employment, duties, or 27
responsibilities, or as determined by the Commission that the 28
person against whom the claim is made had a reasonable basis for 29
believing occurred within the scope of Commission employment, 30
duties, or responsibilities; provided that nothing herein shall be 31
construed to prohibit that person from retaining their own counsel 32
at their own expense; and provided further, that the actual or 33
alleged act, error, or omission did not result from that person’s 34
intentional or willful or wanton misconduct. 35
3. Notwithstanding subsection G.1 of this section, should 36
any member, officer, executive director, employee, or 37
representative of the Commission be held liable for the amount of 38
any settlement or judgment arising out of any actual or alleged 39
act, error, or omission that occurred within the scope of that 40
individual’s employment, duties, or responsibilities for the 41
Commission, or that the person to whom that individual is liable 42
had a reasonable basis for believing occurred within the scope of 43
the individual’s employment, duties, or responsibilities for the 44
Commission, the Commission shall indemnify and hold harmless 45
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such individual, provided that the actual or alleged act, error, or 1
omission did not result from the intentional or willful or wanton 2
misconduct of the individual. 3
4. Nothing herein shall be construed as a limitation on the 4
liability of any Licensee for professional malpractice or 5
misconduct, which shall be governed solely by any other 6
applicable State laws. 7
5. Nothing in this Compact shall be interpreted to waive or 8
otherwise abrogate a Participating State’s state action immunity or 9
state action affirmative defense with respect to antitrust claims 10
under the Sherman Act, Clayton Act, or any other State or federal 11
antitrust or anticompetitive law or regulation. 12
6. Nothing in this Compact shall be construed to be a 13
waiver of sovereign immunity by the Participating States or by the 14
Commission. 15
16
SECTION 8. DATA SYSTEM 17
18
A. The Commission shall provide for the development, 19
maintenance, operation, and utilization of a coordinated database 20
and reporting system containing licensure, Adverse Action, and 21
the presence of Significant Investigative Information on all 22
Licensees and applicants for a License in Participating States. 23
B. Notwithstanding any other provision of State law to the 24
contrary, a Participating State shall submit a uniform data set to 25
the Data System on all individuals to whom this Compact is 26
applicable as required by the Rules of the Commission, including: 27
1. Identifying information; 28
2. Licensure data; 29
3. Adverse Actions against a Licensee, License applicant or 30
Compact Privilege and information related thereto; 31
4. Non-confidential information related to Alternative 32
Program participation, the beginning and ending dates of such 33
participation, and other information related to such participation; 34
5. Any denial of an application for licensure, and the 35
reason(s) for such denial, (excluding the reporting of any criminal 36
history record information where prohibited by law); 37
6. The presence of Significant Investigative Information; 38
and 39
7. Other information that may facilitate the administration 40
of this Compact or the protection of the public, as determined by 41
the Rules of the Commission. 42
C. The records and information provided to a Participating 43
State pursuant to this Compact or through the Data System, when 44
certified by the Commission or an agent thereof, shall constitute 45
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the authenticated business records of the Commission, and shall 1
be entitled to any associated hearsay exception in any relevant 2
judicial, quasi-judicial or administrative proceedings in a 3
Participating State. 4
D. Significant Investigative Information pertaining to a 5
Licensee in any Participating State will only be available to other 6
Participating States. 7
E. It is the responsibility of the Participating States to 8
monitor the database to determine whether Adverse Action has 9
been taken against a Licensee or License applicant. Adverse 10
Action information pertaining to a Licensee or License applicant 11
in any Participating State will be available to any other 12
Participating State. 13
F. Participating States contributing information to the Data 14
System may designate information that may not be shared with the 15
public without the express permission of the contributing State. 16
G. Any information submitted to the Data System that is 17
subsequently expunged pursuant to federal law or the laws of the 18
Participating State contributing the information shall be removed 19
from the Data System. 20
21
SECTION 9. RULEMAKING 22
23
A. The Commission shall promulgate reasonable Rules in 24
order to effectively and efficiently implement and administer the 25
purposes and provisions of the Compact. A Commission Rule shall 26
be invalid and have no force or effect only if a court of competent 27
jurisdiction holds that the Rule is invalid because the Commission 28
exercised its rulemaking authority in a manner that is beyond the 29
scope and purposes of the Compact, or the powers granted 30
hereunder, or based upon another applicable standard of review. 31
B. The Rules of the Commission shall have the force of law 32
in each Participating State, provided however that where the Rules 33
of the Commission conflict with the laws of the Participating State 34
that establish the Participating State’s Scope of Practice as held by 35
a court of competent jurisdiction, the Rules of the Commission 36
shall be ineffective in that State to the extent of the conflict. 37
C. The Commission shall exercise its Rulemaking powers 38
pursuant to the criteria set forth in this section and the Rules 39
adopted thereunder. Rules shall become binding as of the date 40
specified by the Commission for each Rule. 41
D. If a majority of the legislatures of the Participating States 42
rejects a Commission Rule or portion of a Commission Rule, by 43
enactment of a statute or resolution in the same manner used to 44
adopt the Compact, within four (4) years of the date of adoption of 45
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the Rule, then such Rule shall have no further force and effect in 1
any Participating State or to any State applying to participate in 2
the Compact. 3
E. Rules shall be adopted at a regular or special meeting of 4
the Commission. 5
F. Prior to adoption of a proposed Rule, the Commission 6
shall hold a public hearing and allow persons to provide oral and 7
written comments, data, facts, opinions, and arguments. 8
G. Prior to adoption of a proposed Rule by the Commission, 9
and at least thirty (30) days in advance of the meeting at which the 10
Commission will hold a public hearing on the proposed Rule, the 11
Commission shall provide a Notice of Proposed Rulemaking: 12
1. On the website of the Commission or other publicly 13
accessible platform; 14
2. To persons who have requested notice of the 15
Commission’s notices of proposed rulemaking, and 16
3. In such other way(s) as the Commission may by Rule 17
specify. 18
H. The Notice of Proposed Rulemaking shall include: 19
1. The time, date, and location of the public hearing at 20
which the Commission will hear public comments on the proposed 21
Rule and, if different, the time, date, and location of the meeting 22
where the Commission will consider and vote on the proposed 23
Rule; 24
2. If the hearing is held via telecommunication, video 25
conference, or other electronic means, the Commission shall 26
include the mechanism for access to the hearing in the Notice of 27
Proposed Rulemaking; 28
3. The text of the proposed Rule and the reason therefor; 29
4. A request for comments on the proposed Rule from any 30
interested person; and 31
5. The manner in which interested persons may submit 32
written comments. 33
I. All hearings will be recorded. A copy of the recording and 34
all written comments and documents received by the Commission 35
in response to the proposed Rule shall be available to the public. 36
J. Nothing in this section shall be construed as requiring a 37
separate hearing on each Commission Rule. Rules may be 38
grouped for the convenience of the Commission at hearings 39
required by this section. 40
K. The Commission shall, by majority vote of all 41
Commissioners, take final action on the proposed Rule based on 42
the rulemaking record. 43
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1. The Commission may adopt changes to the proposed 1
Rule provided the changes do not enlarge the original purpose of 2
the proposed Rule. 3
2. The Commission shall provide an explanation of the 4
reasons for substantive changes made to the proposed Rule as well 5
as reasons for substantive changes not made that were 6
recommended by commenters. 7
3. The Commission shall determine a reasonable effective 8
date for the Rule. Except for an emergency as provided in 9
subsection L of this section, the effective date of the Rule shall be 10
no sooner than thirty (30) days after the Commission issuing the 11
notice that it adopted or amended the Rule. 12
L. Upon determination that an emergency exists, the 13
Commission may consider and adopt an emergency Rule with 24 14
hours’ notice, with opportunity to comment, provided that the 15
usual rulemaking procedures provided in the Compact and in this 16
section shall be retroactively applied to the Rule as soon as 17
reasonably possible, in no event later than ninety (90) days after 18
the effective date of the Rule. For the purposes of this provision, 19
an emergency Rule is one that must be adopted immediately in 20
order to: 21
1. Meet an imminent threat to public health, safety, or 22
welfare; 23
2. Prevent a loss of Commission or Participating State 24
funds; 25
3. Meet a deadline for the promulgation of a Rule that is 26
established by federal law or rule; or 27
4. Protect public health and safety. 28
M. The Commission or an authorized committee of the 29
Commission may direct revisions to a previously adopted Rule for 30
purposes of correcting typographical errors, errors in format, 31
errors in consistency, or grammatical errors. Public notice of any 32
revisions shall be posted on the website of the Commission. The 33
revision shall be subject to challenge by any person for a period of 34
thirty (30) days after posting. The revision may be challenged only 35
on grounds that the revision results in a material change to a 36
Rule. A challenge shall be made in writing and delivered to the 37
Commission prior to the end of the notice period. If no challenge 38
is made, the revision will take effect without further action. If the 39
revision is challenged, the revision may not take effect without the 40
approval of the Commission. 41
N. No Participating State’s rulemaking requirements shall 42
apply under this Compact. 43
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SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND 1
ENFORCEMENT 2
3
A. Oversight 4
1. The executive and judicial branches of State government 5
in each Participating State shall enforce this Compact and take all 6
actions necessary and appropriate to implement the Compact. 7
2. Venue is proper and judicial proceedings by or against 8
the Commission shall be brought solely and exclusively in a court 9
of competent jurisdiction where the principal office of the 10
Commission is located. The Commission may waive venue and 11
jurisdictional defenses to the extent it adopts or consents to 12
participate in alternative dispute resolution proceedings. Nothing 13
herein shall affect or limit the selection or propriety of venue in 14
any action against a Licensee for professional malpractice, 15
misconduct or any such similar matter. 16
3. The Commission shall be entitled to receive service of 17
process in any proceeding regarding the enforcement or 18
interpretation of the Compact or Commission Rule and shall have 19
standing to intervene in such a proceeding for all purposes. 20
Failure to provide the Commission service of process shall render 21
a judgment or order void as to the Commission, this Compact, or 22
promulgated Rules. 23
B. Default, Technical Assistance, and Termination 24
1. If the Commission determines that a Participating State 25
has defaulted in the performance of its obligations or 26
responsibilities under this Compact or the promulgated Rules, the 27
Commission shall provide written notice to the defaulting State. 28
The notice of default shall describe the default, the proposed 29
means of curing the default, and any other action that the 30
Commission may take, and shall offer training and specific 31
technical assistance regarding the default. 32
2. The Commission shall provide a copy of the notice of 33
default to the other Participating States. 34
C. If a State in default fails to cure the default, the defaulting 35
State may be terminated from the Compact upon an affirmative 36
vote of a majority of the Commissioners, and all rights, privileges 37
and benefits conferred on that State by this Compact may be 38
terminated on the effective date of termination. A cure of the 39
default does not relieve the offending State of obligations or 40
liabilities incurred during the period of default. 41
D. Termination of participation in the Compact shall be 42
imposed only after all other means of securing compliance have 43
been exhausted. Notice of intent to suspend or terminate shall be 44
given by the Commission to the governor, the majority and 45
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minority leaders of the defaulting State’s legislature, the 1
defaulting State’s State Licensing Authority or Authorities, as 2
applicable, and each of the Participating States’ State Licensing 3
Authority or Authorities, as applicable. 4
E. A State that has been terminated is responsible for all 5
assessments, obligations, and liabilities incurred through the 6
effective date of termination, including obligations that extend 7
beyond the effective date of termination. 8
F. Upon the termination of a State’s participation in this 9
Compact, that State shall immediately provide notice to all 10
Licensees of the State, including Licensees of other Participating 11
States issued a Compact Privilege to practice within that State, of 12
such termination. The terminated State shall continue to recognize 13
all Compact Privileges then in effect in that State for a minimum 14
of one hundred eighty (180) days after the date of said notice of 15
termination. 16
G. The Commission shall not bear any costs related to a State 17
that is found to be in default or that has been terminated from the 18
Compact, unless agreed upon in writing between the Commission 19
and the defaulting State. 20
H. The defaulting State may appeal the action of the 21
Commission by petitioning the U.S. District Court for the District 22
of Columbia or the federal district where the Commission has its 23
principal offices. The prevailing party shall be awarded all costs of 24
such litigation, including reasonable attorney’s fees. 25
I. Dispute Resolution 26
1. Upon request by a Participating State, the Commission 27
shall attempt to resolve disputes related to the Compact that arise 28
among Participating States and between Participating States and 29
non-Participating States. 30
2. The Commission shall promulgate a Rule providing for 31
both mediation and binding dispute resolution for disputes as 32
appropriate. 33
J. Enforcement 34
1. The Commission, in the reasonable exercise of its 35
discretion, shall enforce the provisions of this Compact and the 36
Commission’s Rules. 37
2. By majority vote, the Commission may initiate legal 38
action against a Participating State in default in the United States 39
District Court for the District of Columbia or the federal district 40
where the Commission has its principal offices to enforce 41
compliance with the provisions of the Compact and its 42
promulgated Rules. The relief sought may include both injunctive 43
relief and damages. In the event judicial enforcement is necessary, 44
the prevailing party shall be awarded all costs of such litigation, 45
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including reasonable attorney’s fees. The remedies herein shall 1
not be the exclusive remedies of the Commission. The Commission 2
may pursue any other remedies available under federal or the 3
defaulting Participating State’s law. 4
3. A Participating State may initiate legal action against the 5
Commission in the U.S. District Court for the District of Columbia 6
or the federal district where the Commission has its principal 7
offices to enforce compliance with the provisions of the Compact 8
and its promulgated Rules. The relief sought may include both 9
injunctive relief and damages. In the event judicial enforcement is 10
necessary, the prevailing party shall be awarded all costs of such 11
litigation, including reasonable attorney’s fees. 12
4. No individual or entity other than a Participating State 13
may enforce this Compact against the Commission. 14
15
SECTION 11. EFFECTIVE DATE, WITHDRAWAL, AND 16
AMENDMENT 17
18
A. The Compact shall come into effect on the date on which 19
the Compact statute is enacted into law in the seventh 20
Participating State. 21
1. On or after the effective date of the Compact, the 22
Commission shall convene and review the enactment of each of 23
the States that enacted the Compact prior to the Commission 24
convening (“Charter Participating States”) to determine if the 25
statute enacted by each such Charter Participating State is 26
materially different than the Model Compact. 27
a. A Charter Participating State whose enactment is 28
found to be materially different from the Model Compact shall be 29
entitled to the default process set forth in Section 10. 30
b. If any Participating State is later found to be in 31
default, or is terminated or withdraws from the Compact, the 32
Commission shall remain in existence and the Compact shall 33
remain in effect even if the number of Participating States should 34
be less than seven (7). 35
2. Participating States enacting the Compact subsequent to 36
the Charter Participating States shall be subject to the process set 37
forth in Section 7.C.23 to determine if their enactments are 38
materially different from the Model Compact and whether they 39
qualify for participation in the Compact. 40
3. All actions taken for the benefit of the Commission or in 41
furtherance of the purposes of the administration of the Compact 42
prior to the effective date of the Compact or the Commission 43
coming into existence shall be considered to be actions of the 44
Commission unless specifically repudiated by the Commission. 45
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4. Any State that joins the Compact subsequent to the 1
Commission’s initial adoption of the Rules and bylaws shall be 2
subject to the Commission’s Rules and bylaws as they exist on the 3
date on which the Compact becomes law in that State. Any Rule 4
that has been previously adopted by the Commission shall have the 5
full force and effect of law on the day the Compact becomes law in 6
that State. 7
B. Any Participating State may withdraw from this Compact 8
by enacting a statute repealing that State’s enactment of the 9
Compact. 10
1. A Participating State’s withdrawal shall not take effect 11
until one hundred eighty (180) days after enactment of the 12
repealing statute. 13
2. Withdrawal shall not affect the continuing requirement 14
of the withdrawing State’s Licensing Authority or Authorities to 15
comply with the investigative and Adverse Action reporting 16
requirements of this Compact prior to the effective date of 17
withdrawal. 18
3. Upon the enactment of a statute withdrawing from this 19
Compact, the State shall immediately provide notice of such 20
withdrawal to all Licensees within that State. Notwithstanding any 21
subsequent statutory enactment to the contrary, such withdrawing 22
State shall continue to recognize all Compact Privileges to practice 23
within that State granted pursuant to this Compact for a minimum 24
of one hundred eighty (180) days after the date of such notice of 25
withdrawal. 26
C. Nothing contained in this Compact shall be construed to 27
invalidate or prevent any licensure agreement or other cooperative 28
arrangement between a Participating State and a non-29
Participating State that does not conflict with the provisions of this 30
Compact. 31
D. This Compact may be amended by the Participating States. 32
No amendment to this Compact shall become effective and 33
binding upon any Participating State until it is enacted into the 34
laws of all Participating States. 35
36
SECTION 12. CONSTRUCTION AND SEVERABILITY 37
38
A. This Compact and the Commission’s rulemaking authority 39
shall be liberally construed so as to effectuate the purposes, and 40
the implementation and administration of the Compact. Provisions 41
of the Compact expressly authorizing or requiring the 42
promulgation of Rules shall not be construed to limit the 43
Commission’s rulemaking authority solely for those purposes. 44
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B. The provisions of this Compact shall be severable and if 1
any phrase, clause, sentence or provision of this Compact is held 2
by a court of competent jurisdiction to be contrary to the 3
constitution of any Participating State, a State seeking 4
participation in the Compact, or of the United States, or the 5
applicability thereof to any government, agency, person or 6
circumstance is held to be unconstitutional by a court of 7
competent jurisdiction, the validity of the remainder of this 8
Compact and the applicability thereof to any other government, 9
agency, person or circumstance shall not be affected thereby. 10
C. Notwithstanding subsection B of this section, the 11
Commission may deny a State’s participation in the Compact or, 12
in accordance with the requirements of Section 10.B, terminate a 13
Participating State’s participation in the Compact, if it determines 14
that a constitutional requirement of a Participating State is a 15
material departure from the Compact. Otherwise, if this Compact 16
shall be held to be contrary to the constitution of any Participating 17
State, the Compact shall remain in full force and effect as to the 18
remaining Participating States and in full force and effect as to 19
the Participating State affected as to all severable matters. 20
21
SECTION 13. CONSISTENT EFFECT AND CONFLICT WITH 22
OTHER STATE LAWS 23
24
A. Nothing herein shall prevent or inhibit the enforcement of 25
any other law of a Participating State that is not inconsistent with 26
the Compact. 27
B. Any laws, statutes, regulations, or other legal requirements 28
in a Participating State in conflict with the Compact are 29
superseded to the extent of the conflict. 30
C. All permissible agreements between the Commission and 31
the Participating States are binding in accordance with their 32
terms. 33
Sec. 2. NRS 631.368 is hereby amended to read as follows: 34
631.368 1. Except as otherwise provided in this section , and 35
NRS 239.0115, and section 1 of this act, any records or information 36
obtained during the course of an investigation by the Board or a 37
review panel appointed pursuant to NRS 631.3635 and any record of 38
the investigation or review are confidential. 39
2. The complaint or other document filed by the Board to 40
initiate disciplinary action and all documents and information 41
considered by the Board when determining whether to impose 42
discipline are public records. 43
3. The Board shall, to the extent feasible, communicate or 44
cooperate with or provide any record or information described in 45
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subsection 1 to any other licensing board or any other agency that is 1
investigating a person, including a law enforcement agency. 2
Sec. 3. The preliminary chapter of NRS is hereby amended by 3
adding thereto a new section to read as follows: 4
Except as otherwise expressly provided in a particular statute 5
or required by the context, privilege to practice as a dentist or 6
dental hygienist in this State under the Dentist and Dental 7
Hygienist Compact ratified and entered into in section 1 of this act 8
shall be deemed to be equivalent to the corresponding license. 9
Sec. 4. NRS 239.010 is hereby amended to read as follows: 10
239.010 1. Except as otherwise provided in this section and 11
NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 12
49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 13
62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 14
80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 15
87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 16
88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 17
116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 18
119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 19
120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 20
127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 21
130.712, 136.050, 159.044, 159A.044, 164.041, 172.075, 172.245, 22
176.01334, 176.01385, 176.015, 176.0625, 176.09129, 176.156, 23
176A.630, 178.39801, 178.4715, 178.5691, 178.5717, 179.495, 24
179A.070, 179A.165, 179D.160, 180.600, 200.3771, 200.3772, 25
200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 26
209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 27
213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 28
218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 218G.615, 29
224.240, 226.462, 226.796, 228.270, 228.450, 228.495, 228.570, 30
231.069, 231.1285, 231.1473, 232.1369, 233.190, 237.300, 31
239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 32
239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 33
239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 34
244.335, 247.540, 247.545, 247.550, 247.560, 250.087, 250.130, 35
250.140, 250.145, 250.150, 268.095, 268.0978, 268.490, 268.910, 36
269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 37
281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 38
286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 39
293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 40
293.906, 293.908, 293.909, 293.910, 293B.135, 293D.510, 331.110, 41
332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 42
338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 43
353A.049, 353A.085, 353A.100, 353C.240, 353D.250, 360.240, 44
360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 45
– 28 –
- *AB143*
366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 1
379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 2
387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 3
388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 4
391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 5
392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 6
394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 7
396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 8
398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 9
414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 10
425.400, 427A.1236, 427A.872, 427A.940, 432.028, 432.205, 11
432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 12
432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 13
439.4941, 439.4988, 439.5282, 439.840, 439.914, 439A.116, 14
439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 15
441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 16
442.774, 445A.665, 445B.570, 445B.7773, 449.209, 449.245, 17
449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 18
453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 19
459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 20
463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 21
481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 22
483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 23
484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 24
571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 25
598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 26
604D.500, 604D.600, 612.265, 616B.012, 616B.015, 616B.315, 27
616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 28
624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 29
628B.760, 629.043, 629.047, 629.069, 630.133, 630.2671, 30
630.2672, 630.2673, 630.2687, 630.30665, 630.336, 630A.327, 31
630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 32
632.3423, 632.405, 633.283, 633.301, 633.427, 633.4715, 633.4716, 33
633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 34
634A.185, 634B.730, 635.111, 635.158, 636.262, 636.342, 637.085, 35
637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 36
639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 37
640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 38
640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 39
641.221, 641.2215, 641A.191, 641A.217, 641A.262, 641B.170, 40
641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 41
642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 42
645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 43
645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 44
648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 45
– 29 –
- *AB143*
654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 1
669.285, 669A.310, 670B.680, 671.365, 671.415, 673.450, 673.480, 2
675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 3
678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 4
679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 5
681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 6
687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 7
688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 8
692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 9
696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 10
711.600, and section 1 of this act, sections 35, 38 and 41 of chapter 11
478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes 12
of Nevada 2013 and unless otherwise declared by law to be 13
confidential, all public books and public records of a governmental 14
entity must be open at all times during office hours to inspection by 15
any person, and may be fully copied or an abstract or memorandum 16
may be prepared from those public books and public records. Any 17
such copies, abstracts or memoranda may be used to supply the 18
general public with copies, abstracts or memoranda of the records or 19
may be used in any other way to the advantage of the governmental 20
entity or of the general public. This section does not supersede or in 21
any manner affect the federal laws governing copyrights or enlarge, 22
diminish or affect in any other manner the rights of a person in any 23
written book or record which is copyrighted pursuant to federal law. 24
2. A governmental entity may not reject a book or record 25
which is copyrighted solely because it is copyrighted. 26
3. A governmental entity that has legal custody or control of a 27
public book or record shall not deny a request made pursuant to 28
subsection 1 to inspect or copy or receive a copy of a public book or 29
record on the basis that the requested public book or record contains 30
information that is confidential if the governmental entity can 31
redact, delete, conceal or separate, including, without limitation, 32
electronically, the confidential information from the information 33
included in the public book or record that is not otherwise 34
confidential. 35
4. If requested, a governmental entity shall provide a copy of a 36
public record in an electronic format by means of an electronic 37
medium. Nothing in this subsection requires a governmental entity 38
to provide a copy of a public record in an electronic format or by 39
means of an electronic medium if: 40
(a) The public record: 41
(1) Was not created or prepared in an electronic format; and 42
(2) Is not available in an electronic format; or 43
(b) Providing the public record in an electronic format or by 44
means of an electronic medium would: 45
– 30 –
- *AB143*
(1) Give access to proprietary software; or 1
(2) Require the production of information that is confidential 2
and that cannot be redacted, deleted, concealed or separated from 3
information that is not otherwise confidential. 4
5. An officer, employee or agent of a governmental entity who 5
has legal custody or control of a public record: 6
(a) Shall not refuse to provide a copy of that public record in the 7
medium that is requested because the officer, employee or agent has 8
already prepared or would prefer to provide the copy in a different 9
medium. 10
(b) Except as otherwise provided in NRS 239.030, shall, upon 11
request, prepare the copy of the public record and shall not require 12
the person who has requested the copy to prepare the copy himself 13
or herself. 14
H