Oklahoma 2024 Regular Session

Oklahoma House Bill HB4098 Compare Versions

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30-April 11, 2024
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3328 ENGROSSED HOUSE
3429 BILL NO. 4098 By: Kendrix, Caldwell (Trey),
3530 McDugle, West (Josh), and
3631 McBride of the House
3732
3833 and
3934
4035 Gollihare of the Senate
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4542 An Act relating to dentists and dental hygienists;
4643 providing the purpose; defining terms; providing for
4744 commission membership; providing duties for Compact
4845 member states; providing the powers and duties of the
4946 Compact Commission; providing the application ,
5047 eligibility, and issuance of the Compact license
5148 privilege to a practice s tate; specifying
5249 jurisdiction of Compact license privilege holders;
5350 providing for fees and military waiver; providing for
5451 joint investigations and disciplinary actions;
5552 providing for request of information fr om non-member
5653 states; directing rulemaking funct ions of the Compact
5754 commission; providing for oversight of Compact;
5855 providing for enforcement; providing for dispute
5956 resolution; providing for withdrawal from the
6057 Compact; providing for dissolution of the Compact;
6158 providing for severability; providing for binding
6259 effect of the Compact; providing rules of or der;
6360 providing for codification; and providing an
6461 effective date.
6562
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6966 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
7067 SECTION 1. NEW LAW A new section of law to be cod ified
7168 in the Oklahoma Statutes as Section 329.1 of Title 59, unless there
7269 is created a duplication in numbering, reads as f ollows:
7370
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10096 The American Association of Dental Boards Compact is hereby
10197 enacted into law and the Governor shall enter into a Compact on
10298 behalf of the State of Oklahoma with any jurisdiction legally joined
10399 therein, in the form substantially as set forth in this act.
104100 SECTION 2. NEW LAW A new section of law to be codified
105101 in the Oklahoma Statutes as Section 329.2 of Title 59, unless there
106102 is created a duplication in numbering, reads as follows:
107103 AADB DENTAL AND DENTAL HYGI ENE COMPACT
108104 This Compact shall be known as the American Association of
109105 Dental Boards (AADB) Compact and the purpose of the Compact is to
110106 expedite licensure and increase access to dental health care through
111107 licensure boards acting in cooperation. The Compact adopts the
112108 existing structures most utilized by Dental Boards across the United
113109 States, while ensurin g the safety of the public through the sharing
114110 of documents and information. This Compact ensures that each state
115111 retains the right to impose an adverse action on a licensee as a
116112 home state or as a practicing state. Each state has an opportunity
117113 to share investigations and information with the home st ate of
118114 licensure. The Dental Board Compact is operated by state dental
119115 board members, administrators and o ther staff, thus allowing for
120116 each state to maintain its sovereignty.
121117 The AADB Compact:
122118 1. Allows for expedited licensure portability and ease of
123119 movement between states;
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151146 2. Allows each state to continue to regulate the practice of
152147 dentistry and dental hygiene within their borders and maintain its
153148 sovereignty by allowing actions against a Compact license privilege
154149 or a licensee and maintaining its ex isting licensure structure while
155150 allowing for Compact licensure privileges;
156151 3. Creates a common goal of protecting th e public by ensuring a
157152 uniform licensure standard and sharing of information in the
158153 Compact;
159154 4. Allows for licensure in every participati ng state by passing
160155 a uniform licensure examination, that tests psychomotor and
161156 cognitive dental skills exam that is curre ntly accepted in fifty
162157 state licensing jurisdictions and United States territories;
163158 5. Gives licensees one location to maintain professional
164159 documentation to expedite Compact license privileges in states,
165160 hospitals, or institutional credentialing;
166161 6. Facilitates a faster licensure process for relocation or
167162 separation of military members a nd their dependent spouses; there
168163 are no Compact fees for military members or their spouses;
169164 7. Alleviates a duplicative process for licensure among
170165 multiple states;
171166 8. Saves applicants money by not having to obtain duplicate
172167 documents from a source that charges for the documents; and
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200194 9. Utilizes existing infrastructure of the AADB that has been
201195 in existence for over one hundred (100) years, representing dental
202196 licensing boards.
203197 SECTION 3. NEW LAW A new section of law to be codifi ed
204198 in the Oklahoma Statutes as Section 329.3 of Title 59, unless there
205199 is created a duplication in numbering, reads as follows:
206200 As used in this act:
207201 1. "AADB" means the American Association of Dental Boards
208202 (AADB) or its named successor, formerly known as the American
209203 Association of Dental Examiners (A ADE), originally chartered on
210204 September 10, 1896, and renewed in 1944, compri sed of state dental
211205 boards in the United States and its territories;
212206 2. "AADB Attorneys' Committee" means attorneys that currently
213207 represent a state dental board. The AADB Attorneys' Committee
214208 participates in the commission as a non-voting member. An attorney
215209 that has previously served as an attorney for a state dental board
216210 may be invited on a year -to-year basis to serve on the committ ee if
217211 they have not engaged in an official case against a board within the
218212 Compact or have any other conflict of interest. The AADB Attorneys'
219213 Committee may assist the investigato rs in working through joint
220214 investigation issues between states. The AADB Attorneys' Committee
221215 shall prepare a summary of legal issue s directly dealing with the
222216 Compacts at the annual meeting as well as a legal u pdate for issues
223217 affecting Member State Dental Bo ards;
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251244 3. "AADB Compact Commission" means the American Association of
252245 Dental Boards dental and dental hygiene AADB Compact Commission.
253246 Each state shall have two members as required by Section 4 of this
254247 Compact, meeting as a whole to form the comm ission;
255248 4. "AADB composite" means an annual publication listing
256249 information regarding ea ch state board, contacts, links to statut es
257250 and rules and additional data. Each state shall submit an annual
258251 update regarding all dental -practice-related licenses and permits
259252 available by state and the procedures allowed to be conducted by
260253 licensees and permit holders;
261254 5. "Active-duty military person or spouse" means an individual
262255 in full-time active-duty status in the active uniformed service of
263256 the United States inc luding members of the National Guard and
264257 Reserve. The legal spouse of the military membe r must be recognized
265258 by the military unit as a dependent while the service member is on
266259 active duty. Spouses shall receive the same privileges as military
267260 members for the purpose of this Compact;
268261 6. "Active investigation " means an active investigation
269262 resulting in formal allegations or charges precipitating a judicial
270263 process by a Dental Board, oversight agency, or o ther law
271264 enforcement entity;
272265 7. "Adverse action" means an Order issued by a state dental
273266 board or reported to the AADB Clearinghouse pursuan t to the Compact
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301293 bylaws and rules. This shall also include a Temporary Emergency
302294 Order that may be later withdrawn by a board;
303295 8. "ADEX examination" means American Board of Dental Examiners
304296 examination;
305297 9. "Bylaws" means the bylaws passed by the AADB or its named
306298 successor Compact Commission;
307299 10. "Clearinghouse" means the AADB Clearinghouse and databank
308300 that houses prior adverse actions, orders , and denials of licens ure
309301 or permits from state dental boards in the fifty states and
310302 territories;
311303 11. "CODA" means the Commission on Dental Accre ditation or its
312304 successor as approved by the United States Department of Education;
313305 12. "Commissioners" means the two member s chosen by each Member
314306 State Dental Board to serve as the voting members of the Compact;
315307 13. "Compact" means the American Assoc iation of Dental Boards
316308 (AADB), dental and dental hygiene Compact;
317309 14. "Compact license privilege" means the expedited dental or
318310 dental hygiene license to practice in a Member State th at differs
319311 from the licensee's home state;
320312 15. "Conviction" means an adjudication and/or formal judgment
321313 by a court that an individual is guilty through a plea of guilty or
322314 no contest, or a findin g of guilt by the court. Evidence of a
323315 conviction of a criminal offense by the court shall be considered
324316 final for the purposes o f disciplinary action by a board member;
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352343 16. "Criminal background check " means a dentist or dental
353344 hygienist seeking Compact license privileges shall complete and
354345 provide a criminal ba ckground check, including the use o f the
355346 results of fingerprint or oth er biometric data checks compliant with
356347 the requirements of the Federal Bureau of Investigation, with the
357348 exception of federal e mployees who have suitability determination in
358349 accordance with 5 C.F.R., Section 731.202;
359350 17. "Dental hygienist" means any person who:
360351 a. has successfully graduated from a CODA approved dental
361352 hygiene school,
362353 b. has successfully passed the American B oard of Dental
363354 Examiners (ADEX) licensure exam , or has been in
364355 practice five (5) years or more and has successfully
365356 passed a regional or equivalent state-administered
366357 psychomotor licensure examination prior to January 1,
367358 2024,
368359 c. has successfully passed the wr itten national dental
369360 hygiene board examination administered by the Joint
370361 Commission on Nation al Dental Examinations,
371362 d. possesses a full and unrestricted dental hygiene
372363 license issued by a Member State of the Compact,
373364 e. has never been convicted, rece ived adjudication,
374365 deferred adjudication, community supervision , or
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402392 deferred disposition for any o ffense by a court of
403393 appropriate jurisdiction,
404394 f. has never been a subject of discipline by a board
405395 through any adverse action, order , or other
406396 restriction of the licensee by the board with the
407397 exception of failure to pay fees or failure to
408398 complete continuing education,
409399 g. is not currently under active investigation by a
410400 licensing agency or law enforcement authority in any
411401 state, federal, or foreign jurisdicti on, and
412402 h. meet any jurisprudence requirement established by a
413403 Member State Dental Board in which a licensee is
414404 seeking a Compact privilege expedited license;
415405 18. "Dental Practice Act" means the laws and regulations
416406 governing the practice of dentistry w ithin a Member State;
417407 19. "Dentist" means any person who:
418408 a. has successfully graduated from a CODA approved dental
419409 school,
420410 b. has successfully passed the American Board of Dental
421411 Examiners (ADEX) licensure exam , or has been in
422412 practice five (5) years or more and has successfully
423413 passed a regional or equivalent state -administered
424414 psychomotor licensure e xamination prior to January 1,
425415 2024,
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453442 c. has successfully passed the written National Dental
454443 Board Exam administered by the Joint Commission on
455444 National Dental Examinations,
456445 d. possesses a full and unrestricted dental license
457446 issued by a Member State Dental Board of the Compact,
458447 e. has never been convicted, received adjudication,
459448 deferred adjudication, community supervision , or
460449 deferred disposition for any offe nse by a court of
461450 appropriate jurisdiction ,
462451 f. has never been a subject of discipline by a board as
463452 determined by the AADB Compact bylaws and rules,
464453 through any adverse action, order, or other
465454 restriction of the licensee by the board with the
466455 exception of failure to pay fees or failure to
467456 complete continuing education ,
468457 g. has never had a state or federa l drug registration,
469458 permit, or license restricted, suspended, or revoked
470459 by the United States Drug Enforcement Administration
471460 or any State Board that overse es scheduled drug
472461 registrations,
473462 h. is not currently under active investigation by a
474463 licensing agency or law enforcement authority in any
475464 state, federal, or foreign jurisdiction, and
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503491 i. meet any jurisprudence requirement established by a
504492 Member State Dental Board in which a licensee is
505493 seeking a Compact privilege expedited license ;
506494 20. "Home state" means the state of primary licensure. It is
507495 the location of the practicing dentist or dental hygienist license
508496 where Compact privileges originate and the lic ensee practices at
509497 least twenty-five percent (25%) of the time within a calendar year .
510498 The home state can take an action on a licensee regard less of where
511499 an action against a licensee occurred;
512500 21. "License" means authorization for a dentist or dental
513501 hygienist to engage in t he unrestricted practice of dentistry or
514502 dental hygiene, which would be unlawfu l without;
515503 22. "Member State Dental Board" means a state agency in a
516504 Member State that acts in the sovereign interests of the state by
517505 protecting the public through licensure, regulation, and the
518506 education of dentist and dental hygienists as directed by t he state
519507 law. All actions taken by a mem ber board shall be under the
520508 authority of their state jurisdiction and any other rights conferred
521509 under this Compact;
522510 23. "Member State" means a state or United States territory
523511 that has enacted the Compact;
524512 24. "Regional board examination" means the Western Regional
525513 Dental Board Examination (WREB), the North East Regional Board of
526514 Dental Examiners (NERB), the Commission on Dental Competen cy
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554541 Assessments (CDCA), Council of AADB Compact Testing Agencies (CITA),
555542 Southern Regional Testing Agency (SRTA), Central Regi onal Dental
556543 Testing Services (CRDTS);
557544 25. "Repository" means the AADB repository of original
558545 documents of a licensee that may include original transcripts,
559546 certification documents, test scores, military trai ning records,
560547 previous or current licensing docu ments, and other sources of
561548 materials needed for applications and verification. The AADB
562549 repository shall receive documents from primary or or iginating
563550 sources and verify their authenticity;
564551 26. "Scope of practice" means the dental-related procedures
565552 that require a license, permit, or training to undertake the
566553 treatment and procedure to be completed on a patient within the
567554 practice state's requirements;
568555 27. "State" means a state within the United States or a United
569556 States Territory; and
570557 28. "State jurisprudence" means the knowledge of the state laws
571558 and rules of dentistry and dental hygiene in which a Compact license
572559 privilege is extended.
573560 SECTION 4. NEW LAW A new section of law to b e codified
574561 in the Oklahoma Statutes as Section 329.4 of Title 59, unless there
575562 is created a duplication in numbering, reads as follows:
576563 A. The Member States hereby create the AADB Dental and Dental
577564 Hygiene Compact. Each state must enact the AADB model Compact that
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605591 is not materially different as determ ined by the AADB Compact
606592 Commission.
607593 B. Each state Member State Dental Board shall have two voting
608594 commission members that shall serve as commissioners and have one
609595 vote each, cumulatively making the AAD B Compact Commission. Member
610596 States with separate Dental and Dental Hygiene State Dental Boards
611597 shall appoint one commissioner from each Board. One shall be a
612598 current state dental board member. Commissioners may not delegate
613599 votes or proxies; however, if a commissioner is unable to attend,
614600 the Member State may substitute a delegate that meets the same
615601 requirements.
616602 C. Upon five states joining the Compact, the AADB dental and
617603 dental hygiene Compact will become active. The Compact Commission
618604 shall have the authority to enact bylaws and rules on be half of the
619605 Compact that shall have the force of law in each participating state
620606 to carry out the provisions of the Compact.
621607 D. The AADB Compact Commission shall be a separate body within
622608 the American Association of Dental Boards and shall have all the
623609 responsibilities, powers, and duties set forth in the Compact and
624610 such additional powers as may be conferred by a conc urrent action of
625611 the respective legislatures of the Member States in accordance with
626612 the terms of the Compact.
627613 E. The Compact Commission shall meet at least once per calendar
628614 year and additional times as necessary pursuant to the bylaws and
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656641 rules. During the annual meeting, the commission members and the
657642 AADB Attorneys' Committee shall prepare information regarding issues
658643 and resolutions between states to further the cooperation of the
659644 state boards. The AADB Attorneys' Committee shall also prepare a
660645 legal update for current events related to dental boards.
661646 F. The Compact Commission shall elect officers from the
662647 membership that shall serve as an Exec utive Committee. Elections
663648 shall occur during the annual meeting. The quorum of Commissioners
664649 shall select an Exec utive Committee consisting of a Chair, Vice
665650 Chair, Secretary, Treasurer and a Representative from the North,
666651 South, East and West districts as divided pursuant to the AADB
667652 Compact Rules.
668653 G. Quorum for purposes of conducting business shall be a
669654 majority of commission members attending in person or virtually.
670655 H. The Commission shall provide noti ce of all meetings on its
671656 website and in other c ommunications to members.
672657 I. A vote of two-thirds (2/3) of the membership shall be
673658 required for an executive sessi on to discuss:
674659 1. Items specifically related to participation in a lawsuit or
675660 in anticipation of a legal proceeding;
676661 2. Matters specifically exempted from disclosure by federal
677662 statute;
678663 3. Discussions of investigative records of an active Compact
679664 member investigation or investigative records for law enforcement or
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707691 discussions involving specific ally accusing a person of a crime or a
708692 public censure;
709693 4. Discussions that would include information of a personal
710694 nature that would constitute an unwarranted invasion of personal
711695 privacy;
712696 5. Anything considered internal practices and procedures or a
713697 trade secret;
714698 6. Other items in the Commission byl aws allowing for executive
715699 sessions to be called; or
716700 7. Advice of legal counsel.
717701 J. The Commission shall keep m inutes and make them available to
718702 all Member States.
719703 K. The Commission may establish other com mittees as needed.
720704 L. The Commission shall prep are an annual report that shall be
721705 made available to the legislatures and governors of the Member
722706 States concerning the activities of the AADB Compact Commission
723707 during the preceding calendar year. Such reports shall also include
724708 reports of financial audi ts and any recommendations that may have
725709 been adopted by the Compact Commission.
726710 SECTION 5. NEW LAW A new section of law to be codified
727711 in the Oklahoma Statutes as Section 329.5 of Title 59, unless there
728712 is created a duplication in numbering, reads as follows:
729713
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756739 A. Member States agree to submit Member State Dental Board
757740 actions and other documents and data as determined by the AADB
758741 Compact Commission through bylaws and rules .
759742 B. Member States shall notify the AADB Compact Commission
760743 pursuant to the rules regarding any adverse action taken by the
761744 Board, any active investigation by the state dental board, any
762745 active investigation involving pending criminal charges or other
763746 circumstance as determined by the Compact Commission Rules and
764747 bylaws.
765748 C. Any adverse action, order, restriction, or denial of a
766749 license or permit on a license e or permit holder shall be reported
767750 to the AADB Clearinghouse by the Member State Dental Board .
768751 D. Member State Dental Boards may submit nonpublic complaints,
769752 disciplinary or investigatory information not required by subsection
770753 C of this section to the AADB Clearinghous e. All investigatory
771754 material shall be considered confidential and not part of a public
772755 record unless otherwise specifically required by state statute.
773756 E. Accept continuing education credits as required by each
774757 state, including but not limited to classes authorized by AADB
775758 Accredited Continuing Education (ACE) program .
776759 F. Documents in the AADB Re pository shall be treated by a
777760 Member State as the equivalent of a primary or original source
778761 document for licensure .
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806788 G. Member States agree to accept a standar dized application for
807789 Compact license privileges. The standardized application shall be
808790 established by the rules enacted by the Commission.
809791 H. Member States may agree to share information regarding
810792 ongoing investigations and actions, including joint inve stigations
811793 between states. All investigatory material shall be considered
812794 confidential and not part of a public record unless otherwise
813795 specifically required by state statute.
814796 I. As part of the Compact enforcement, participating Member
815797 States issuing subpoenas and seeking testimony of witnesses shall be
816798 enforced in other participating Member States in the Compact and
817799 shall be enforced by a court of competent jurisdiction where the
818800 witnesses or evidence is located.
819801 SECTION 6. NEW LAW A new section of law to be codified
820802 in the Oklahoma Statutes as Section 329.6 of Title 59, unless there
821803 is created a duplication in numbering, reads as follows:
822804 A. The AADB Compact Commission shall have the duty and power
823805 to:
824806 1. Oversee and maintain the administration of the Compact,
825807 including organizational needs, the financial activities, the h iring
826808 of personnel and ongoing activities or nee ds of the AADB Compact
827809 Commission;
828810 2. Promulgate bylaws and rules to operate the Compact;
829811 3. Establish a budget and make expenditures;
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857838 4. Issue, upon the request of a Member State Dental Board,
858839 advisory opinions concerning the meaning or interpretation of the
859840 Compact and its bylaws, rules, and actions;
860841 5. Enforce compliance with Compact provisions, the rules
861842 promulgated by the AADB Compact Commission and the bylaws using all
862843 necessary and proper means, inc luding but not limited to the use of
863844 judicial process;
864845 6. Hold an annual meeting for the AADB Compact Commission where
865846 the elections of an exe cutive board and other issues may be
866847 discussed and voted on;
867848 7. Establish personnel policies and programs relati ng to
868849 conflicts of interest, rates of compensati on, and qualifications of
869850 personnel;
870851 8. Accept donations and grants of money, equipment, suppli es,
871852 materials, and services, and to receive, utilize , and dispose of
872853 them in a manner consistent with the confli ct-of-interest policies
873854 established by the AADB Commission;
874855 9. Report annually to the legislatures and governors of the
875856 Member State Dental Board s concerning the activities of the AADB
876857 Compact Commission during the preceding calendar year. Such reports
877858 shall also include reports of financial audits an d any
878859 recommendations that may have been adopted by the AADB Compact
879860 Commission; and
880861
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907887 10. Coordinate education, training , and public awareness
908888 regarding the Compact, its implementation, and its operation.
909889 B. The executive committee shall have the power to act on
910890 behalf of the AADB Compact Commission with the exception of
911891 rulemaking during periods when th e Compact Commission is not in
912892 session. When acting on behalf o f the Compact Commission, the
913893 Executive Committee shall oversee the administration of the Compact
914894 including enforcement and compliance of the Compact.
915895 C. The officers and employees of the AAD B Compact Commission
916896 shall be immune from suit and liabilit y, either personally or in
917897 their official capac ity, for a claim for damage to or loss of
918898 property or personal injury or other civil liability caused or
919899 arising out of, or relating to, an actual or alleged act, error, or
920900 omission that occurred, or that such person had a reasonable basis
921901 for believing occurred, within the scope of AADB Compact Commission
922902 employment, duties or responsibilities; provided, that such person
923903 shall not be protected from suit or liability for damage, loss,
924904 injury, or liability caused by the intentional or willful and wanton
925905 misconduct of such person.
926906 D. The liability of the executive director and employees of the
927907 AADB Compact Commission or representatives of the AADB Compact
928908 Commission, acting within the scope of such person 's employment or
929909 duties for acts, errors , or omissions occurring within such person's
930910 state may not exceed the limits of liability set forth under the
931911
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958937 constitution and laws of that state for state officials, employees,
959938 and agents. The AADB Compact Commission is considered to be an
960939 instrumentality of the state s for the purposes of any such action.
961940 Nothing in this subsection shall be construed to protect such person
962941 from suit or liability for damage, loss, injury , or liability caused
963942 by the intentional or willful and wa nton misconduct of such person.
964943 E. The AADB Compact Commission shall defend the executive
965944 director, its employees, and, subject to the approval of the
966945 attorney general or other appropriate legal cou nsel of the Member
967946 State represented by an AADB Compact Commission representative,
968947 shall defend such AADB Compact Commission representative in any
969948 civil action seeking to impose liability arising out of an actual or
970949 alleged act, error, or omission that occu rred within the scope of
971950 AADB Compact Commission employment, duties, or responsibilities, or
972951 that the defendant had a reasonable basis for believi ng occurred
973952 within the scope of AADB Compact Commission employment, duties , or
974953 responsibilities, provided that t he actual or alleged act, error , or
975954 omission did not resu lt from intentional or willful and want on
976955 misconduct on the part of such person.
977956 F. To the extent not covered by the state involved, Member
978957 State, or the AADB Compact Commission, the representatives o r
979958 employees of the AADB Compact Commission shall be hel d harmless in
980959 the amount of a settlemen t or judgment, including attorney fees and
981960 costs, obtained against such persons arising out of an actual or
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1009987 alleged act, error, or omission that occurred within th e scope of
1010988 AADB Compact Commission employment, duties , or responsibilities, or
1011989 that such persons had a reasonable basis for believing occurre d
1012990 within the scope of AADB Compact Commission employment, duties, or
1013991 responsibilities, provided that the actual or al leged act, error, or
1014992 omission did not result from intent ional or willful and wanton
1015993 misconduct on the part of such persons.
1016994 SECTION 7. NEW LAW A new section of law to be codified
1017995 in the Oklahoma Statutes as Section 329.7 of Title 59, unless there
1018996 is created a duplication in numbering, reads as follows:
1019997 A. A dentist or dental hygienist applying for Compact license
1020998 privileges shall meet the requirements of a dentist as listed in
1021999 paragraph 19 of Section 3 of this Compact or dental hygienist as
10221000 listed in paragraph 17 of Section 3 of this Compact and hold a
10231001 current valid license in a Member State under this Compact.
10241002 B. Each dentist or dental hygienist shall designate a home
10251003 state of licensure. The home state shall be determined by:
10261004 1. The state of primary residence for the dentist or dental
10271005 hygienist where twenty-five percent (25%) of their practice within
10281006 one (1) year occurs. An active-duty military member or their spouse
10291007 may choose a home state as designated with the milita ry but are not
10301008 required to meet the twenty-five percent (25%) practice within the
10311009 home state requirement; or
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10591036 2. If no state qualifies under paragraph 1 of this subsection,
10601037 then the state where the dentist or dental hygienist filed the
10611038 previous year federal tax return.
10621039 C. A dentist or dental hygienist may redesignate a home state
10631040 one time in a calendar y ear, if the qualifications of a ho me state
10641041 are met.
10651042 D. A dentist or dental hygienist seeking a Compact license
10661043 privilege shall apply to their home state for a letter stating that
10671044 they are eligible for Compact license privileges.
10681045 E. The home state determi nes the eligibility and issues a
10691046 letter of approval or denial for the Compact license privilege.
10701047 F. The letter is submitted to the proposed Compact license
10711048 state along with the AADB Compact application packet and
10721049 authorization to seek access to the licens ee's repository documents
10731050 and any additional information as may be required by the proposed
10741051 Compact license state along with the required fees. Upon approval
10751052 from the home state, the Compact license state shall issue a state
10761053 Compact license privilege from the proposed application state to the
10771054 applicant.
10781055 G. Appeals on determination of eligibility shall be m ade to the
10791056 home state where the applicant was seeking privileges under a state
10801057 Compact license privilege and shall be subject to the law of that
10811058 state.
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11091085 H. A person holding a Compact license privilege shall notify
11101086 the Compact Commission within ten (10) business days of any adverse
11111087 action taken against a license held in a non -Compact state.
11121088 I. A Compact license privilege may be revoked, suspended , or
11131089 limited by the issuing state dental board if at any time the
11141090 licensee's home state license is revoked, suspended , or limited.
11151091 J. The AADB Compact Commission is authorized to develop rules
11161092 regarding the application and renewal process including payment of
11171093 any application fees, and the issuance of a Compact license
11181094 privilege.
11191095 K. Eligibility or ineligibility to receive a state Compact
11201096 license privilege shall not impact or prohibit an individual from
11211097 the ability to seek a state license through the regular process
11221098 outside of the Compact.
11231099 SECTION 8. NEW LAW A new section of law to be codified
11241100 in the Oklahoma Statutes as Section 329.8 of Title 59, unless there
11251101 is created a duplication in numbering, reads as follows:
11261102 A. Each dentist or dental hygienist holding a Compact license
11271103 privilege is required to reference the composite and Member State
11281104 Dental Boards' statutes and rules to be aware of laws that apply to
11291105 a specific state in which they are practicing under a Compact
11301106 license privilege. Compact license scope and practice requirements
11311107 shall conform to the state jurisdiction in which the Compact license
11321108 privilege holder is practicing.
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11601135 B. Each dentist or dental hygienist holding a Compact license
11611136 privilege shall list a current address with the AADB Compact
11621137 Commission that shall serve as thei r official address of service.
11631138 C. A dentist or dental hygienist holding a Compact license
11641139 privilege may have an adverse action taken against them by the:
11651140 1. Member State Dental Board in which they are pract icing with
11661141 a Compact license privilege;
11671142 2. Compact licensee's home state; or
11681143 3. Member State that is a Compact member where the Compact
11691144 licensee has requested or received a Compact license privilege to
11701145 practice.
11711146 D. Any state in which the Compact licensee holds a Compact
11721147 license privilege may investig ate an allegation of a violation of
11731148 the statutes and rules of d entistry or dental hygiene in any other
11741149 state where the Compact licensee holds a Compact license privilege.
11751150 SECTION 9. NEW LAW A new section of law to be codified
11761151 in the Oklahoma Statutes as Section 329.9 of Title 59, unless there
11771152 is created a duplication in numbering, reads as follows:
11781153 A. The AADB Compact Commission is authorized to develop rules
11791154 regarding fees for Compact licensees' use of the repository and
11801155 other provisions as determined by the AADB Compact Commission.
11811156 B. A Member State Dental Board issuing a Compact license
11821157 privilege authorizing practice in their state may impose a fee for a
11831158 Compact license privilege to be issued or renewed.
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12111185 C. No Compact fee shall be required of each active-duty
12121186 military member or their spouse up to one (1) year after separation.
12131187 Each participating state issuing a Compact license privilege may
12141188 waive fees for active -duty military and their spouse as required by
12151189 each individual state statute.
12161190 D. Active-duty military may transfer military train ing records
12171191 to the repository without a fee.
12181192 SECTION 10. NEW LAW A new section of law to be codified
12191193 in the Oklahoma Statut es as Section 329.10 of Title 59, unless there
12201194 is created a duplication in numbering, reads as follows:
12211195 A. Each state shall name a point of contact for joint
12221196 investigations between Compact Member State Dental Boards.
12231197 B. In addition to the authority grant ed to a Member State
12241198 Dental Board by the state l aw of their jurisdiction, Member State
12251199 Dental Boards may par ticipate with other Member State Dental Boards
12261200 in joint investigations of licensees that fall subject to th is
12271201 Compact.
12281202 C. Member State Dental Board s may share investigative,
12291203 litigation, or other materials in furtherance of any joint or
12301204 individual investigation arising with a licensee who holds a Compact
12311205 license privilege within their jurisdiction.
12321206 D. A subpoena issued by a Member State or Member Sta te Dental
12331207 Board shall be enforceable in other Me mber States as allowed by law.
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12611234 E. If a licensee has a disciplinary action taken by any Member
12621235 State Dental Board against a licensee under the Compact, they shall
12631236 automatically be subject to discipline by oth er Member State Dental
12641237 Boards.
12651238 F. If a licensee has an action taken against their home state
12661239 license including being revoked, surrendered , or relinquished in
12671240 lieu of discipline or suspended, then automatically all other
12681241 Compact license privileges shall be placed in the same status. The
12691242 home state shall notify the Commission and the Commission shall
12701243 issue a notice to all Member State Dental Boards that the licensee
12711244 holding a Compact license privilege shall suspend the Compact
12721245 license privilege.
12731246 G. If discipline is taken against a licensee in a n AADB Compact
12741247 Member State, the Member State Board shall notify the Commission and
12751248 the home state of the licensee. The home state may deem the action
12761249 conclusive as a matter of law and fact decided and :
12771250 1. Impose the same or lesser sanction consistent with the ho me
12781251 state practice act; or
12791252 2. Pursue separate actions agains t the licensee under its
12801253 practice act regardless of the sanctions pursued by the Compact
12811254 Member State Dental Board.
12821255 SECTION 11. NEW LAW A new section of law to be codified
12831256 in the Oklahoma Statutes as Section 329.11 of Title 59, unless there
12841257 is created a duplication in numbering, reads as follows:
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13121284 A. Insurance companies and entities verifying documents for the
13131285 purpose of licenses extended to a provider may seek information fr om
13141286 the AADB Clearinghouse for public record documents .
13151287 B. A dentist or dental hygienist, as defined by the bylaws and
13161288 rules, may submit a request to the AADB Compact Commission to allow
13171289 any hiring employer, entity, or insurance company to access
13181290 documents from the repository for the purposes of credentialing,
13191291 licensing, or other privileges.
13201292 C. The Commission shall set a fee schedule for these services
13211293 in the bylaws and rules.
13221294 SECTION 12. NEW LAW A new section of law to be codified
13231295 in the Oklahoma Statutes as Section 329.12 of Title 59, unless there
13241296 is created a duplication in numbering, reads as follows:
13251297 A. The AADB Compact Commission shall promulgate reasonable
13261298 rules in order to effec tively and efficiently achieve the purposes
13271299 of the Compact. Notwithstanding the foregoing, in the event t he
13281300 Commission exercises its rulemaking authority in a manner that is
13291301 beyond the scope of the purposes of the Compact, or the powers
13301302 granted hereunder, then such an action by the AADB Compact
13311303 Commission may be determined to be invalid and have no force or
13321304 effect.
13331305 B. Rules deemed appropriate for the operations of the AADB
13341306 Compact Commission shall be made pursuant to a rulemaking process
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13621333 that substantially conforms to the Model State Administrative
13631334 Procedure Act of 2010, and subsequent amendments thereto.
13641335 SECTION 13. NEW LAW A new section of law to be codified
13651336 in the Oklahoma Statutes as Section 329.13 of Title 59, unless there
13661337 is created a duplication in numbering, reads as follo ws:
13671338 A. The executive, legislative, and judicial branches o f state
13681339 government in each Member State Dental Board shall enforce the
13691340 Compact and shall take all actions necessary and appropriate to
13701341 effectuate the Compact's purposes and intent to allow for expedited
13711342 licensure for the purpose of mobility. The provisions of the
13721343 Compact and the rules promulgated hereunder shall have standing as
13731344 statutory law, but shall not override existing state authority to
13741345 regulate the practice of dentistry and dental hygiene.
13751346 B. All courts may take judicial notice of the Compact and the
13761347 rules in any judicial or administrative proceeding in a Member State
13771348 pertaining to the subject matter of the Compact which may affect the
13781349 powers, responsibilities, or actions of the AADB Compact Commission.
13791350 C. The AADB Compact Commission shall be entitl ed to receive all
13801351 service of process in any such proceeding and shall have standing to
13811352 intervene in the proceeding for all purposes. Failure to provide
13821353 service of process to the AADB Compact Commission shall render a
13831354 judgment or order void as to the AADB Compact Commission, the
13841355 Compact, or promulgated rules.
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14121382 SECTION 14. NEW LAW A new section of law to be codified
14131383 in the Oklahoma Statutes as Section 329.14 of Title 59, unless there
14141384 is created a duplication in numbering, reads as follows :
14151385 A. The AADB Compact Commission, in the reasonable exercise of
14161386 its discretion, shall enforce the provisions and rules of the
14171387 Compact.
14181388 B. The grounds for default include, but are not limited to,
14191389 failure of a Member State to perform such obligations or
14201390 responsibilities imposed upon it by the Compact, or the rules and
14211391 bylaws of the AADB Compact Commission promulgated under the Compact.
14221392 C. If the AADB Compact Commission determines that a Member
14231393 State has defaulted in the performance of its obligations or
14241394 responsibilities under the Compact, or the bylaws or promulgated
14251395 rules, the AADB Compact Commission shall:
14261396 1. Provide written notice to the defaul ting state and other
14271397 Member States of the nature of the default, the means of curing the
14281398 default, and any action taken by the AADB Compact Commission. The
14291399 AADB Compact Commission shall specify the conditions by which the
14301400 defaulting state must cure its def ault; and
14311401 2. Provide remedial training and spec ific technical assistance
14321402 regarding the default.
14331403 D. If the defaulting state fails to cure the default, the
14341404 defaulting state shall be terminated from the Compact upon an
14351405 affirmative vote of a majority of the Commissioners and all rights,
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14631432 privileges, and benefits conferred by the Compact shall terminate on
14641433 the effective date of termination. A cure of the default does not
14651434 relieve the offending state of obligations or liabilities incurred
14661435 during the period of th e default.
14671436 E. Termination of membership in the Compact shall be imposed
14681437 only after all other means of securing com pliance have been
14691438 exhausted. Notice of intent to terminate shall be given by the AADB
14701439 Compact Commission to the Governor, the majority and minority
14711440 leaders of the defaulting state 's Legislature and each of the Member
14721441 States.
14731442 F. The AADB Compact Commission shall establish rules and
14741443 procedures to address licenses and Compact license privilege holders
14751444 that are materially impacted by the terminat ion of a Member State or
14761445 the withdrawal of a Mem ber State.
14771446 G. The AADB Compact Commission shall not bear any costs
14781447 relating to any state that has been found to be in default or which
14791448 has been terminated from the Compact, unless otherwise mutually
14801449 agreed upon in writing between the AADB Compact Commission and the
14811450 defaulting state.
14821451 H. The defaulting state may appeal the action of the AADB
14831452 Compact Commission by petitioning the federal district where the
14841453 AADB Compact Commission has its princip al offices. The prevailing
14851454 party shall be awarded all costs of such litigation, including
14861455 reasonable attorney fees.
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15141482 I. The AADB Compact Commission shall not bear any costs
15151483 relating to any state that has been found to be in default or which
15161484 has been terminated from the Compact, unless otherwise mutually
15171485 agreed upon in writing between the AADB Compact Commission and the
15181486 defaulting state.
15191487 J. The remedies herein shall not be the exclusive remedies of
15201488 the AADB Compact Commission. The AADB Compact Commission may avail
15211489 itself of any other remedies available under state law or the
15221490 regulation of a profession.
15231491 SECTION 15. NEW LAW A new section of law to be codified
15241492 in the Oklahoma Statutes as Section 329.15 of Title 59, unless there
15251493 is created a duplication in numbering, reads as follows:
15261494 A. The AADB Compact Commission shall attempt, upon the request
15271495 of a Member State Den tal Board, to resolve disputes which are
15281496 subject to the Compact and which may arise among Member State Dental
15291497 Boards.
15301498 B. The AADB Compact Commission shall promulgate rules providing
15311499 for both mediation and binding dispute resolution, as appropriate.
15321500 SECTION 16. NEW LAW A new section of law to be codified
15331501 in the Oklahoma Statutes as Section 329.16 of Title 59, unless there
15341502 is created a duplication in numbering , reads as follows:
15351503 A. Any state is eligible to become a Member State of the
15361504 Compact.
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15641531 B. The Compact shall become effective and binding upon
15651532 legislative enactment of the Compact into law by no less than five
15661533 states. Thereafter, it shall become effective and bi nding on a
15671534 state upon enactment of the Compact into law by that sta te.
15681535 C. The governors of non -member states, or their designees,
15691536 shall be invited to participate in the activities of the AADB
15701537 Compact Commission on a nonvoting basis prior to adoptio n of the
15711538 Compact by all states.
15721539 D. The AADB Compact Commission may propos e amendments to the
15731540 Compact for enactment by the Member States. No amendment shall
15741541 become effective and binding upon the AADB Compact Commission and
15751542 the Member States unless and until it i s enacted into law by
15761543 unanimous consent of the Member States.
15771544 SECTION 17. NEW LAW A new section of law to be codified
15781545 in the Oklahoma Statutes as Section 329.17 of Title 59, unless there
15791546 is created a duplication in numbering, reads as follows:
15801547 A. Once effective, the Compact shall continue in force a nd
15811548 remain binding upon each and every Member State; provided, that a
15821549 Member State may withdraw from the Compact after giving appropriate
15831550 notice by specifically repealing the statute which enacted the
15841551 Compact into law.
15851552 B. Withdrawal from the Compact shall be by the enactment of a
15861553 statute repealing the same. The individual 's Compact license
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16141580 privilege shall remain in effect for six (6) months f rom the date of
16151581 the Member State Dental B oard's withdrawal.
16161582 C. The withdrawing state shall immediately notify the
16171583 chairperson of the AADB Compact Commission in writing upon the
16181584 introduction of legislation repealing the Compact in the withdrawing
16191585 state.
16201586 D. The AADB Compact Commission shall notify the o ther Member
16211587 States of the withdrawing state's intent to withdraw wit hin sixty
16221588 (60) days of its receipt of notice prov ided under subsection C of
16231589 this section.
16241590 E. Reinstatement following withdrawal of a Member State shall
16251591 occur upon the withdrawing s tate reenacting the Compact or upon such
16261592 later date as determined by the AADB Compact Commission.
16271593 F. The AADB Compact Commission is authorized to develop rules
16281594 to address the impact of the withdrawal of a Member St ate on
16291595 licenses granted in other Member States t o dentists and dental
16301596 hygienists who designated the withdrawing Me mber State as the state
16311597 of principal license.
16321598 SECTION 18. NEW LAW A new section of law to be codified
16331599 in the Oklahoma Statutes as Section 329.18 of Title 59, unless there
16341600 is created a duplication in numbering, reads as follows:
16351601 A. The Compact shall dissolve effective upon the date of the
16361602 withdrawal or default of the Member State which reduces the
16371603 membership in the Compact to one Member State.
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16651630 B. Upon the dissolution o f the Compact, the Compact becomes
16661631 null and void and shall be of no further force or effect, and the
16671632 business and affairs of the AADB Compact Commission shall be
16681633 concluded and surplus funds shall be distribut ed in accordance with
16691634 the bylaws.
16701635 SECTION 19. NEW LAW A new section of law to be codifi ed
16711636 in the Oklahoma Statutes as Section 329.19 of Title 59, unless there
16721637 is created a duplication in numbering, reads as follows:
16731638 A. The provisions of the Compact shall be severable, and if any
16741639 phrase, clause, sentence, or provision is deemed unenforceable, the
16751640 remaining provisions of the Compact shall be enforceable.
16761641 B. The provisions of the Compact shall be liberally construed
16771642 to effectuate its purposes.
16781643 SECTION 20. NEW LAW A new section of law to be codified
16791644 in the Oklahoma Statute s as Section 329.20 of Title 59, unless there
16801645 is created a duplication in numbering, reads as follows:
16811646 A. Nothing herein prevents the enforcemen t of any other law of
16821647 a Member State that is not inconsistent with the Compact.
16831648 B. All lawful actions of the A ADB Compact Commission, including
16841649 all rules and bylaws promulgated by the Commission, are binding upon
16851650 the Member States.
16861651 C. All agreements between the AADB Compact Commission and the
16871652 Member States are binding in accordance with their terms.
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17151679 D. In the event any provision of the Compact exceeds the
17161680 constitutional limits imposed on the Legislature of any Member
17171681 State, such provision shall be ineffe ctive to the extent of the
17181682 conflict with the con stitutional provision in question in that
17191683 Member State.
17201684 SECTION 21. NEW LAW A new section of law to be codified
17211685 in the Oklahoma Statutes as Section 329.21 of Title 59, unless there
17221686 is created a duplication in numbering, reads as foll ows:
17231687 The most current edition of the American Institute of
17241688 Parliamentarians Standard Code of Parliamentary Procedure governs
17251689 all meetings of the AADB Compact Commission, including it s
17261690 committees, in those sit uations not otherwise covered in the bylaws.
17271691 SECTION 22. This act shall become effective November 1, 2024.
1728-COMMITTEE REPORT BY: COMMITTEE ON H EALTH AND HUMAN SERVICES
1729-April 11, 2024 - DO PASS
1692+Passed the House of Representatives the 11th day of March, 2024.
1693+
1694+
1695+
1696+
1697+ Presiding Officer of the House
1698+ of Representatives
1699+
1700+
1701+
1702+Passed the Senate the ___ day of __________, 2024.
1703+
1704+
1705+
1706+
1707+ Presiding Officer of the Senate
1708+
1709+