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SENATE FLOOR VERSION
April 11, 2024
ENGROSSED HOUSE
BILL NO. 4098 By: Kendrix, Caldwell (Trey),
McDugle, West (Josh), and
McBride of the House
and
Gollihare of the Senate
An Act relating to dentists and dental hygienists;
providing the purpose ; defining terms; providing for
commission membership; providing duties for Compact
member states; providing the powers and duties of the
Compact Commission; providing the application,
eligibility, and issuance of the Compact license
privilege to a practic e state; specifying
jurisdiction of Compact license privilege holders;
providing for fees and military waiver; providing for
joint investigations and disciplinary actions;
providing for request of information from non -member
states; directing rulemaking fu nctions of the Compact
commission; providing for oversight of Compact;
providing for enforcement; providing for dispute
resolution; providing for withdrawal from the
Compact; providing for dissolution of the Compact;
providing for severability; providing f or binding
effect of the Compact; providing rules of order;
providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codifie d
in the Oklahoma Statutes as Section 329.1 of Title 59, unless there
is created a duplication in numbering, reads as follows:
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The American Association of Dental Boards Compact is hereby
enacted into law and the Governor shall enter into a Compact on
behalf of the State of Oklahoma with any jurisdiction legally joined
therein, in the form substantially as set forth in this act.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 329.2 of Title 5 9, unless there
is created a duplication in numbering, reads as follows:
AADB DENTAL AND DENTAL HYGIENE COMPACT
This Compact shall be known as the American Association of
Dental Boards (AADB) Compact and the purpose of the Compact is to
expedite licensure and increase access to dental health care through
licensure boards acting in cooperation. The Compact adopts the
existing structures most utilized by Dental Boards across the United
States, while ensuring the safety of the public through the sharing
of documents and information. This Compact ensures that each state
retains the right to impose an adverse action on a licensee as a
home state or as a practicing state. Each state has an opportunity
to share investigations and information with the home state of
licensure. The Dental Board Compact is operated by state dental
board members, administrators and other staff, thus allowing for
each state to maintain its sovereignty.
The AADB Compact:
1. Allows for expedited licensure portability and ease of
movement between states;
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2. Allows each state to continue to regulate the practice of
dentistry and dental hygiene within their borders and maintain its
sovereignty by allowing actions against a Compact license privilege
or a licensee and maintaining its existi ng licensure structure while
allowing for Compact licensure privileges;
3. Creates a common goal of protecting the publ ic by ensuring a
uniform licensure standard and sharing of information in the
Compact;
4. Allows for licensure in every participating s tate by passing
a uniform licensure examination, that tests psychomotor and
cognitive dental skills exam that is currently accepted in fifty
state licensing jurisdictions and United States territories;
5. Gives licensees one location to maintain professio nal
documentation to expedite Compact license privileges in states,
hospitals, or institutional credentialing;
6. Facilitates a faster licensure process for relocation or
separation of military members and their dependent spouses; there
are no Compact fees for military members or their spouses;
7. Alleviates a duplicative process for licensure among
multiple states;
8. Saves applicants money by not having to obtain duplicate
documents from a source that charges for the documents; and
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9. Utilizes existin g infrastructure of the AADB that has been
in existence for over one hundred (100) years, representing dental
licensing boards.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 329.3 of Titl e 59, unless there
is created a duplication in numbering, reads as follows:
As used in this act:
1. "AADB" means the American Association of Dental Boards
(AADB) or its named successor, formerly known as the American
Association of Dental Examiners (AADE) , originally chartered on
September 10, 1896, and renewed in 1944, comprised of state dental
boards in the United States and its territories;
2. "AADB Attorneys' Committee" means attorneys that currently
represent a state dental board. The AADB Attorneys' Committee
participates in the commission as a non -voting member. An attorney
that has previously served as an attorney for a state dental board
may be invited on a year -to-year basis to serve on the committee if
they have not engaged in an official case against a board within the
Compact or have any other conflict of interest. The AADB Attorneys'
Committee may assist the investigators in working through joint
investigation issues between states. The AADB Attorneys' Committee
shall prepare a summary of legal issues directly dealing with the
Compacts at the annual meeting as well as a legal update for issues
affecting Member State Dental Boards;
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3. "AADB Compact Commission " means the American Association of
Dental Boards dental and dental hygiene AADB Co mpact Commission.
Each state shall have two members as required by Section 4 of this
Compact, meeting as a whole to for m the commission;
4. "AADB composite" means an annual publication listing
information regarding each state board, contacts, links to st atutes
and rules and additional data. Each state shall submit an annual
update regarding all dental -practice-related licenses and permits
available by state and the procedures allowed to be conducted by
licensees and permit holders;
5. "Active-duty military person or spouse " means an individual
in full-time active-duty status in the active uniformed service of
the United States including members of the National Guard and
Reserve. The legal spouse of the military member must be recognized
by the military unit as a dependent while the service member is on
active duty. Spouses shall receive the same privileges as military
members for the purpose of this Compact;
6. "Active investigation " means an active investigation
resulting in formal allegations or char ges precipitating a judicial
process by a Dental Board, oversight agency, or other law
enforcement entity;
7. "Adverse action" means an Order issued by a state dental
board or reported to the AADB Clearinghouse pursuant to the Compact
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bylaws and rules. T his shall also include a Temporary Emergency
Order that may be later withdrawn by a board;
8. "ADEX examination" means American Board of Dental Examiners
examination;
9. "Bylaws" means the bylaws passed by the AADB or its named
successor Compact Commissi on;
10. "Clearinghouse" means the AADB Clearinghouse and databank
that houses prior adverse actions, orders, and denial s of licensure
or permits from state dental boards in the fifty states and
territories;
11. "CODA" means the Commission on Dental Accr editation or its
successor as approved by the United States Department of Education;
12. "Commissioners" means the two members chosen by each Member
State Dental Board to serve as the voting members of the Compact;
13. "Compact" means the American Associ ation of Dental Boards
(AADB), dental and dental hygiene Compact;
14. "Compact license privilege " means the expedited d ental or
dental hygiene license to practice in a Member State that differs
from the licensee's home state;
15. "Conviction" means an adjudication and/or formal judgment
by a court that an individual is guilty through a plea of guilty or
no contest, or a finding of guilt by the court. Evidence of a
conviction of a criminal offense by the court shall be considered
final for the purposes of disciplinary action by a board member;
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16. "Criminal background check " means a dentist or dental
hygienist seeking Com pact license privileges shall complete and
provide a criminal background check, including the use of the
results of fingerprint or other biometric data checks compliant with
the requirements of the Federal Bureau of Investigation, with the
exception of federal employees who have suitability determination in
accordance with 5 C.F.R., Section 731.202;
17. "Dental hygienist" means any person who:
a. has successfully graduated from a CODA approved dental
hygiene school,
b. has successfully passed the American Board of Dental
Examiners (ADEX) licensure exam, or has been in
practice five (5) years or more and has successfully
passed a regional or equivalent state-administered
psychomotor licensure examination prior to January 1,
2024,
c. has successfully passed the written national dental
hygiene board examination administered by the Joint
Commission on National Dental Examinations,
d. possesses a full and unrestricted dental hygiene
license issued by a Member State of the Compact,
e. has never been convicted, rec eived adjudication,
deferred adjudication, community supervision, or
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deferred disposition for any offense by a court of
appropriate jurisdiction,
f. has never been a subject of discipline by a board
through any adverse action, order, or other
restriction of the licensee by the board with the
exception of failure to pay fees or failure to
complete continuing education,
g. is not currently under active investigation by a
licensing agency or law enforcement authority in any
state, federal, or foreign jurisdict ion, and
h. meet any jurisprudence requirement established by a
Member State Dental Board in which a licensee is
seeking a Compact privi lege expedited license;
18. "Dental Practice Act" means the laws and regulations
governing the practice of dentistry within a Member State;
19. "Dentist" means any person who:
a. has successfully graduated from a CODA approved dental
school,
b. has successfully passed the American Board of Dental
Examiners (ADEX) licensure exam, or has been in
practice five (5) years or m ore and has successfully
passed a regional or equivalent state -administered
psychomotor licensure examination prior to January 1,
2024,
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c. has successfully passed the written National Dental
Board Exam administered by the Joint Commission on
National Dental Examinations,
d. possesses a full and unrestricted dental license
issued by a Member State Dental Board of the Compact,
e. has never been convicted, received adjudication,
deferred adjudication, community supervision, or
deferred disposition for any offe nse by a court of
appropriate jurisdiction,
f. has never been a subject of discipline by a board as
determined by the AADB Compact bylaw s and rules,
through any adverse action, order, or other
restriction of the licensee by the board with the
exception of failure to pay fees or failure to
complete continuing education,
g. has never had a state or federal drug registration,
permit, or license restricted, suspended, or revoked
by the United States Drug Enforcement Administration
or any State Board that overse es scheduled drug
registrations,
h. is not currently under active investigation by a
licensing agency or law enforcement authority in an y
state, federal, or foreign jurisdiction, and
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i. meet any jurisprudence requirement established by a
Member State Dental Board in which a licensee is
seeking a Compact privilege expedited license;
20. "Home state" means the state of primary licensure. I t is
the location of the practicing dentist or dental hygienist license
where Compact privileges originate and the licen see practices at
least twenty-five percent (25%) of the time within a calendar year.
The home state can take an action on a licensee re gardless of where
an action against a licensee occurred;
21. "License" means authorization for a dentist or dental
hygienist to engage in the unrestricted practice of dentistry or
dental hygiene, which would be unlawful without;
22. "Member State Dental Board" means a state agency in a
Member State that acts in the sovereign interests of the state by
protecting the public through licensure, regulation, and the
education of dentist and dental hygienists as directed by the state
law. All actions taken by a member board shall be under the
authority of their state jurisdiction and any other rights conferred
under this Compact;
23. "Member State" means a state or United States territory
that has enacted the Compact;
24. "Regional board examination " means the Western Regional
Dental Board Examination (WREB), the North East Regional Board of
Dental Examiners (NERB), the Commiss ion on Dental Competency
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Assessments (CDCA), Council of AADB Compact Testing Agencies (CITA),
Southern Regional Testing Agency (SRTA), C entral Regional Dental
Testing Services (CRDTS);
25. "Repository" means the AADB repository of original
documents of a licensee that may include original transcripts,
certification documents, test scores, military training records,
previous or current lic ensing documents, and other sources of
materials needed for applications and verification. The AADB
repository shall receive documents from primary or originating
sources and verify their authenticity;
26. "Scope of practice" means the dental-related procedures
that require a license, permit, or training to undertake the
treatment and procedure to be completed on a patient within the
practice state's requirements;
27. "State" means a state within the United States or a United
States Territory; and
28. "State jurisprudence" means the knowledge of the state laws
and rules of dentistry and dental hygiene in which a Compact license
privilege is extended.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes a s Section 329.4 of Title 59, unless there
is created a duplication in numbering, reads as follows:
A. The Member States hereby create the AADB Dental and Dental
Hygiene Compact. Each state must enact the AADB model Compact that
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is not materially differen t as determined by the AADB Compact
Commission.
B. Each state Member State Dental Board shall have two voting
commission members that shall serve as commissioners and have one
vote each, cumulatively making the AADB Compact Commission. Member
States with separate Dental and Dental Hygiene State Dental Boards
shall appoint one commissioner from each Board. One shall be a
current state dental board member. Commissioners may not delegate
votes or proxies; however, if a commissioner is unable to attend,
the Member State may substitute a delegate that meets the same
requirements.
C. Upon five states joining the Compact, the AADB dental and
dental hygiene Compact will become active. The Compact Commission
shall have the authority to enact bylaws and rules on behalf of the
Compact that shall have the force of law in each participating state
to carry out the provisions of the Compact.
D. The AADB Compact Commission shall be a separate body within
the American Association of Dental Boards and shall have all the
responsibilities, powers, and duties set forth in the Compact and
such additional powers as may be conferred by a concu rrent action of
the respective legislatures of the Member States in accordance with
the terms of the Compact.
E. The Compact Commission shall meet at least once per calendar
year and additional times as necessary pursuant to the bylaws and
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rules. During the annual meeting, the commission members and the
AADB Attorneys' Committee shall prepare information regarding issues
and resolutions between states to further the cooperation of the
state boards. The AADB Attorneys' Committee shall also prepare a
legal update for current events related to dental boards.
F. The Compact Commission shall elect officers from the
membership that shall serv e as an Executive Committee. Elections
shall occur during the annual meeting. The quorum of Commissioners
shall select an Executive Committee consisting of a Chair, Vice
Chair, Secretary, Treasurer and a Representative from the North,
South, East and West districts as divided pursuant to the AADB
Compact Rules.
G. Quorum for purposes of conducting business shall be a
majority of commission members attending in person or virtually.
H. The Commission shall provide notice of all meetings on its
website and in other communications to members.
I. A vote of two-thirds (2/3) of the membership shall be
required for an executive session to discuss:
1. Items specifically related to participation in a lawsuit or
in anticipation of a legal proceeding;
2. Matters specifically exempted from disclosure by federal
statute;
3. Discussions of investigative records of an active Compact
member investigation or investigative records for law enforcement or
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discussions involving specifically accusing a person of a crime or a
public censure;
4. Discussions that would include information of a personal
nature that would constitute an unwarranted invasion of personal
privacy;
5. Anything considered internal practices and procedures or a
trade secret;
6. Other items in the Com mission bylaws allowing for executive
sessions to be called; or
7. Advice of legal counsel.
J. The Commission shall ke ep minutes and make them available to
all Member States.
K. The Commission may establish other committees as needed.
L. The Commission shall prepare an annual report that shall be
made available to the legislatures and governors of the Member
States concerning the activities of the AADB Compact Commission
during the preceding calendar year. Such reports shall also include
reports of financial audits and any recommendations that may have
been adopted by the Compact Commission.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 329.5 of Title 59, unless there
is created a duplication in numbering, reads as follows:
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A. Member States agree to submit Member State Dental Board
actions and other documents and data as determined by the AADB
Compact Commission through bylaws and rules.
B. Member States shall notify the AADB Compact Commission
pursuant to the rules regarding any adverse action taken by the
Board, any active investigation by the state dental board, any
active investigation involving pending criminal charges or other
circumstance as determined by the Compact Commission Rules and
bylaws.
C. Any adverse action, order, restriction, or denial of a
license or permit on a licensee or permit holder shall be reported
to the AADB Clearinghouse by the Member State Dental Board.
D. Member State Dental Boards may submit nonpublic complaints,
disciplinary or investigatory information not required by subsection
C of this section to the AADB Clearingh ouse. All investigatory
material shall be considered confidential and not part of a public
record unless otherwise specifically require d by state statute.
E. Accept continuing education credits as required by each
state, including but not limited to classes authorized by AADB
Accredited Continuing Education (ACE) program.
F. Documents in the AADB Repository shall be treated by a
Member State as the equivalent of a primary or original source
document for licensure.
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G. Member States agree to accept a stan dardized application for
Compact license privileges. The standardized application shall be
established by the rules enacted by the Comm ission.
H. Member States may agree to share information regarding
ongoing investigations and actions, including joint investigations
between states. All investigatory material shall be considered
confidential and not part of a public record unless otherw ise
specifically required by state statute.
I. As part of the Compact enforcement, participating Member
States issuing subpoenas and seeking testimony of witnesses shall be
enforced in other participating Member States in the Compact and
shall be enforced by a court of competent jurisdiction where the
witnesses or evidence is located.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 329.6 of Title 59, unless there
is created a duplication in numbering, reads as follows:
A. The AADB Compact Commission shall have the duty and power
to:
1. Oversee and maintain the administration of the Compact,
including organizational needs, the financial activities, the hiring
of personnel and ongoing activi ties or needs of the AADB Compact
Commission;
2. Promulgate bylaws and rules to operate the Compact;
3. Establish a budget and make expenditures;
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4. Issue, upon the request of a Member State Dental Board,
advisory opinions concerning the meaning or inte rpretation of the
Compact and its bylaws, rules, and actions;
5. Enforce compliance with Compact provisions, the rules
promulgated by the AADB Compact Commission and the bylaws using all
necessary and proper means, including but not limited to the use of
judicial process;
6. Hold an annual meeting for the AADB Compact Commission where
the elections of an executive board and other issues may be
discussed and voted on;
7. Establish personnel policies and programs relating to
conflicts of interest, rates of compensation, and qualifications of
personnel;
8. Accept donations and grants of money, equipment, supplies,
materials, and services, and to receive, utilize, and dispose of
them in a manner consistent with the conflict -of-interest policies
established by the AADB Commission;
9. Report annually to the legislatures and governors of the
Member State Dental Boards concerning the activities of the AADB
Compact Commission during the preceding calendar year. Such reports
shall also include reports of financia l audits and any
recommendations that may have been adopted by the AADB Compact
Commission; and
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10. Coordinate educatio n, training, and public awareness
regarding the Compact, its implementation, and its operation.
B. The executive committee shall have t he power to act on
behalf of the AADB Compact Commission with the exception of
rulemaking during periods when the Compact Commission is not in
session. When acting on behalf of the Compact Commission, the
Executive Committee shall oversee the administrati on of the Compact
including enforcement and compliance of the Compact.
C. The officers and employees of the AADB Compac t Commission
shall be immune from suit and liability, either personally or in
their official capacity, for a claim for damage to or loss of
property or personal injury or other civil liability caused or
arising out of, or relating to, an actual or alleged act, error, or
omission that occurred, or that such person had a reasonable basis
for believing occurred, within the scope of AADB Compa ct Commission
employment, duties or responsibilities; provided, that such person
shall not be protected from suit or lia bility for damage, loss,
injury, or liability caused by the intentional or willful and wanton
misconduct of such person.
D. The liability of the executive director and employees of the
AADB Compact Commission or representatives of the AADB Compact
Commission, acting within the scope of such person 's employment or
duties for acts, errors, or omissions occurring within such person 's
state may not exceed the limits of liability set forth under the
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constitution and laws of that state for state officials, emplo yees,
and agents. The AADB Compact Commission is considered to be an
instrumentality of the states for the purposes of any such action.
Nothing in this subsection shall be construed to protect such person
from suit or liability for damage, loss, injury, or liability caused
by the intentional or willful and wanton misconduct of such person.
E. The AADB Compact Commission shall defend the executive
director, its employees, and, subject to the approval of the
attorney general or other appropriate legal coun sel of the Member
State represented by an AADB Compact Commission representative,
shall defend such AADB Compact Commission representati ve in any
civil action seeking to impose liability arising out of an actual or
alleged act, error, or omission that occurred within the scope of
AADB Compact Commission employment, duties, or responsibilities, or
that the defendant had a reasonable basis f or believing occurred
within the scope of AADB Compact Commission employment, duties, or
responsibilities, provided that the actual or alleged act, error, or
omission did not result from intentional or willful and wanton
misconduct on the part of such pers on.
F. To the extent not covered by the state involved, Member
State, or the AADB Compact Commission, the representatives or
employees of the AADB Compact Commission shall be held harmless in
the amount of a settlement or judgment, including attorney fees and
costs, obtained against such persons arising out of an actual or
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alleged act, error, or omission that occurred with in the scope of
AADB Compact Commission employment, duties, or responsibilities, or
that such persons had a reasonable basis for believi ng occurred
within the scope of AADB Compact Commission employment, duties, or
responsibilities, provided that the actual or alleged act, error, or
omission did not result from intentional or willful and wanton
misconduct on the part of such persons.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 329.7 of T itle 59, unless there
is created a duplication in numbering, reads as follows:
A. A dentist or dental hygienist applying for Compact li cense
privileges shall meet the requirements of a dentist as listed in
paragraph 19 of Section 3 of this Compact or dental hygienist as
listed in paragraph 17 of Section 3 of this Compact and hold a
current valid license in a Member State under this Compac t.
B. Each dentist or dental hygienist shall designate a home
state of licensure. The home state shall be determined b y:
1. The state of primary residence for the dentist or dental
hygienist where twenty -five percent (25%) of their practice within
one (1) year occurs. An active -duty military member or their spouse
may choose a home state as designated with the military but are not
required to meet the twenty -five percent (25%) practice within the
home state requirement; or
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2. If no state qualifies unde r paragraph 1 of this subsection,
then the state where the dentist or dental hygienist filed the
previous year federal t ax return.
C. A dentist or dental hygienist may redesignate a home state
one time in a calendar year, if the qualifications of a home s tate
are met.
D. A dentist or dental hygienist seeking a Compact license
privilege shall apply to their home state for a letter stating that
they are eligible for Compact license privileges.
E. The home state determines the eligibility and issues a
letter of approval or denial for the Compact license privilege.
F. The letter is submitted to the proposed Compact license
state along with the AADB Compact application packet and
authorization to seek access to the licensee 's repository documents
and any additional information as may be required by the proposed
Compact license state along with the required fees. Upon approval
from the home state, the Compact license state shall issue a state
Compact license privilege from the proposed application state to the
applicant.
G. Appeals on determination of eligibility shall be made to the
home state where the applicant was seeking privileges under a state
Compact license privilege and shall be subject to the law of that
state.
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H. A person holding a Compact license privilege shall notify
the Compact Commission within ten (10) business days of any adverse
action taken against a license held in a non -Compact state.
I. A Compact license privilege may be revoked, suspended, or
limited by the issuing state dental board if at any time the
licensee's home state license is revoked, suspended, or limited.
J. The AADB Compact Commission is a uthorized to develop rules
regarding the application and renewal process including payment of
any application fees, and the issuance of a Compact license
privilege.
K. Eligibility or ineligibility to receive a state Compact
license privilege shall not impact or prohibit an individual from
the ability to seek a state license through the regular process
outside of the Compact.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 329.8 of Title 59, unless there
is created a duplication in numbering, reads as follows:
A. Each dentist or dental hygienist holding a Compact license
privilege is required to reference the composite and Member State
Dental Boards' statutes and rules to be aware of laws that apply to
a specific state in which they are practicing under a Compact
license privilege. Compact license scope and practice require ments
shall conform to the state jurisdiction in which the Compact license
privilege holder is practicing.
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B. Each dentist or dental hygienist holding a Compact license
privilege shall list a current address with the AADB Compact
Commission that shall ser ve as their official address of service.
C. A dentist or dental hygienist holding a Compact license
privilege may have an adverse action taken against them by the:
1. Member State Dental Board in which they are practicing with
a Compact license privilege ;
2. Compact licensee 's home state; or
3. Member State that is a Compact member where the Compact
licensee has request ed or received a Compact license privilege to
practice.
D. Any state in which the Compact licensee holds a Compact
license privilege ma y investigate an allegation of a violation of
the statutes and rules of dentistry or dental hygiene in any other
state where the Compact licensee holds a Compact license privilege.
SECTION 9. NEW LAW A new section of law to be codif ied
in the Oklahoma Statutes as Section 329.9 of Title 59, unless there
is created a duplication in numbering, reads as follows:
A. The AADB Compact Commission is authorized to develop rules
regarding fees for Compact licensees ' use of the repository and
other provisions as determined by the AADB Compact Commission.
B. A Member State Dental Board issuing a Compact license
privilege authorizing practice in their state may impose a fee for a
Compact license privilege to be issued or renewed.
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C. No Compact fee shall be required of each active -duty
military member or their spouse up to one (1) year after separation.
Each participating state issuing a Compact license privilege may
waive fees for active -duty military and their spouse as required by
each individual state statute.
D. Active-duty military may transfer military training records
to the repository without a fee.
SECTION 10. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 329.10 of Title 59, unle ss there
is created a duplication in numbering, reads as follows:
A. Each state shall name a point of contact for joint
investigations between Compact Member State Dental Boards.
B. In addition to the authority granted to a Member State
Dental Board by the state law of their jurisdiction, Member State
Dental Boards may participate with other Member State Dental Boards
in joint investigations of licensees that fall subject to this
Compact.
C. Member State Dental Boards may share investigative,
litigation, or other materials in furtherance of any joint or
individual investigation arising with a licensee who holds a Compact
license privilege within their jurisdiction.
D. A subpoena issued by a Member State or Member State Dental
Board shall be enforceable i n other Member States as allowed by law.
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E. If a licensee has a disciplinary action taken by any Member
State Dental Board against a licensee under the Compact, they shall
automatically be subject to discipline by other Member State Dental
Boards.
F. If a licensee has an action taken against their home state
license including being revoked, surrendered, or relinquished in
lieu of discipline or suspended, then automatically all other
Compact license privileges shall be placed in the same status. The
home state shall notify the Commission and the Commission shall
issue a notice to all Member State Dental Boards that the licensee
holding a Compact license privilege shall suspend the Compact
license privilege.
G. If discipline is taken against a licensee in an AADB Compact
Member State, the Member State Board shall notify the Commission and
the home state of the licensee. Th e home state may deem the action
conclusive as a matter of law and fact decided and:
1. Impose the same or lesser sanction consistent w ith the home
state practice act; or
2. Pursue separate actions against the licensee under its
practice act regardless of the sanctions pursued by the Compact
Member State Dental Board.
SECTION 11. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 329.11 of Title 59, unless there
is created a duplication in numbering, rea ds as follows:
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A. Insurance companies and entities verifying documents for the
purpose of licenses extended to a provider may seek info rmation from
the AADB Clearinghouse for public record documents.
B. A dentist or dental hygienist, as defined by the bylaws and
rules, may submit a request to the AADB Compact Commission to allow
any hiring employer, entity, or insurance company to access
documents from the repository for the purposes of credentialing,
licensing, or other privileges.
C. The Commission sha ll set a fee schedule for these services
in the bylaws and rules.
SECTION 12. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 329.12 of Title 59, unless there
is created a duplication in numbering, reads as follows:
A. The AADB Compact Commission shall promulgate reasonable
rules in order to effectively and efficiently achieve the pur poses
of the Compact. Notwithstanding the foregoing, in the event the
Commission exercises its rulemaking authority in a manner that is
beyond the scope of the purposes of the Compact, or the powers
granted hereunder, then such an action by the AADB Compa ct
Commission may be determined to be invalid and have no force or
effect.
B. Rules deemed appropriate for the operations of the AADB
Compact Commission shall be made pursuant to a rulemaking process
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that substantially conforms to the Model State Administ rative
Procedure Act of 2010, and subsequent amendments thereto.
SECTION 13. NEW LAW A new sectio n of law to be codified
in the Oklahoma Statutes as Section 329.13 of Title 59, unless there
is created a duplication in numbering, read s as follows:
A. The executive, legislative, and judicial branches of state
government in each Member State Dental Board shall enforce the
Compact and shall take all actions necessary and appropriate to
effectuate the Compact 's purposes and intent to allo w for expedited
licensure for the purpose of mobility. The provisions of the
Compact and the rules promulgated hereunde r shall have standing as
statutory law, but shall not override existing state authority to
regulate the practice of dentistry and dental hygiene.
B. All courts may take judicial notice of the Compact and the
rules in any judicial or administrative proceeding in a Member State
pertaining to the subject matter of the Compact which may affect the
powers, responsibilities, or actions of the A ADB Compact Commission.
C. The AADB Compact Commission shall be entitled to receive all
service of process in any such proceeding and shall have standing to
intervene in the proceeding for all purposes. Failure to provide
service of process to the AADB C ompact Commission shall render a
judgment or order void as to the AADB Compact Commission, the
Compact, or promulgated rules.
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SECTION 14. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 329.14 of Title 59, unless there
is created a duplication in numbering, reads as follows:
A. The AADB Compact Commission, in the reaso nable exercise of
its discretion, shall enforce the provisions and rules of the
Compact.
B. The grounds for default include, but are no t limited to,
failure of a Member State to perform such obligations or
responsibilities imposed upon it by the Compact, or the rules and
bylaws of the AADB Compact Commission promulgated under the Compact.
C. If the AADB Compact Commission determines that a Member
State has defaulted in the performance of its obligations or
responsibilities under the Compact, or the bylaws or promulgated
rules, the AADB Compact Commission shall:
1. Provide written notice to the defaulting state and other
Member States of the nature of the default, the means of curing the
default, and any action taken by the AADB Compact Commission. The
AADB Compact Commission shall specify the conditions by which the
defaulting state must cure its default; and
2. Provide remedial trainin g and specific technical assistance
regarding the default.
D. If the defaulting state fails to cure the default, the
defaulting state shall be terminated from the Compact upon an
affirmative vote of a majority of the Commissioners and all rights,
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privileges, and benefits conferred by the Compact shall terminate on
the effective date of termination. A cure of the default does not
relieve the offending state of obligations or liabilities incurred
during the period of the default.
E. Termination of membersh ip in the Compact shall be imposed
only after all other means of securing compliance have been
exhausted. Notice of int ent to terminate shall be given by the AADB
Compact Commission to the Governor, the majority and minority
leaders of the defaulting stat e's Legislature and each of the Member
States.
F. The AADB Compact Commission shall establish rules and
procedures to address licenses and Compact license privilege holders
that are materially impacted by the termination of a Member State or
the withdrawal of a Member State.
G. The AADB Compact Commission shall not bear any costs
relating to any state that has been found to be in default or which
has been terminated from the Compact, unless otherwise mutually
agreed upon in writing between the AADB Compac t Commission and the
defaulting state.
H. The defaulting state may appeal the action of the AADB
Compact Commission by petitioning the federal district where the
AADB Compact Commission has its principal offices. The prevailing
party shall be awarded all costs of such litigation, including
reasonable attorney fees.
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I. The AADB Compact Commission shall not bear any costs
relating to any state that has been found to be in default or which
has been terminated from the Compact, unless otherwise mutually
agreed upon in writing between the AADB Compact Commission and the
defaulting state.
J. The remedies herein shall not be the exclusive remedies of
the AADB Compact Commission. The AADB Compact Commission may avail
itself of any other remedies available under state law or the
regulation of a profession.
SECTION 15. NEW LAW A new section of law to be codi fied
in the Oklahoma Statutes as Section 329.15 of Title 59, unless there
is created a duplication in numbering, reads as follows:
A. The AADB Compact Commission shall attempt, upon the request
of a Member State Dental Board, to resolve disputes which are
subject to the Compact and which may arise among Member State Dental
Boards.
B. The AADB Compact Commission shall promulgate rules pro viding
for both mediation and binding dispute resolution, as appropriate.
SECTION 16. NEW LAW A n ew section of law to be codified
in the Oklahoma Statutes as Section 329.16 of Title 59, unless there
is created a duplication in number ing, reads as follows:
A. Any state is eligible to become a Member State of the
Compact.
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B. The Compact shall become effective and binding upon
legislative enactment of the Compact into law by no less than five
states. Thereafter, it shall become effect ive and binding on a
state upon enactment of the Compact into law by that state.
C. The governors of non -member states, or their designees,
shall be invited to participate in the activities of the AADB
Compact Commission on a nonvoting basis prior to adop tion of the
Compact by all states.
D. The AADB Compact Commission may propose amendments to the
Compact for enactment by the Member States. No amendment shall
become effective and binding upon the AADB Compact Commission and
the Member States unless and until it is enacted into law by
unanimous consent of the Member States.
SECTION 17. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 329.17 of Title 59, unless there
is created a duplication in numberin g, reads as follows:
A. Once effective, the Compact shall continue in force and
remain binding upon each and every Member State; provided, that a
Member State may withdraw from the Compact after giving appropriate
notice by specifically repealing the stat ute which enacted the
Compact into law.
B. Withdrawal from the Compact shall be by the enactment of a
statute repealing the same. The individual 's Compact license
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privilege shall remain in effect for six (6) months from the date of
the Member State Denta l Board's withdrawal.
C. The withdrawing state shall immediately notify the
chairperson of the AADB Compact Commission in writing upon the
introduction of legislation repealing the Compact in the withdrawing
state.
D. The AADB Compact Commission shall no tify the other Member
States of the withdrawing state 's intent to withdraw within sixty
(60) days of its receipt of noti ce provided under subsection C of
this section.
E. Reinstatement following withdrawal of a Member State shall
occur upon the withdrawin g state reenacting the Compact or upon such
later date as determined by the AADB Compact Commission.
F. The AADB Compact Commission is authorized to develop rules
to address the impact of the withdrawal of a Member State on
licenses granted in other Membe r States to dentists and dental
hygienists who designated the withdrawing Member State as the state
of principal license .
SECTION 18. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 329.18 of Title 59, unless there
is created a duplication in numbering, reads as follows:
A. The Compact shall dissolve effective upon the date of the
withdrawal or default of the Member State which reduces the
membership in the Compact to one Member State.
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B. Upon the dissolution of the Compact, the Compact becomes
null and void and shall be of no further force or effect, and the
business and affairs of the AADB Compact Commission shall be
concluded and surplus funds shall be distributed in accordance with
the bylaws.
SECTION 19. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 329.19 of Title 59, unless there
is created a duplication in numbering, reads as follows:
A. The provisions of the Compact shall be severable, a nd if any
phrase, clause, sentence, or provision is deemed unenforceable, the
remaining provisions of the Compact shall be enforceable.
B. The provisions of the Compact shall be liberally construed
to effectuate its purposes.
SECTION 20. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 329.20 of Title 59, unless there
is created a duplication in numbering, reads as follows:
A. Nothing herein prevents the enforcement of any other law of
a Member State that is not inconsistent with the Compact.
B. All lawful actions of the AADB Compact Commission, including
all rules and bylaws promulgated by the Commission, are binding upon
the Member States.
C. All agreements between the AADB Compact Commission and th e
Member States are binding in accordance with their terms.
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D. In the event any provision of the Compact exceeds the
constitutional limits imposed on the Legislature of any Member
State, such provision shall be ineffective to the extent of the
conflict with the constitutional provision in question in that
Member State.
SECTION 21. NEW LAW A new secti on of law to be codified
in the Oklahoma Statutes as Section 329.21 of Title 59, unless there
is created a duplication in numbering, rea ds as follows:
The most current edition of the American Institute of
Parliamentarians Standard Code of Parliamentary Procedure governs
all meetings of the AADB Compact Commission, including its
committees, in those situations not otherwise covered in the b ylaws.
SECTION 22. This act shall become effective November 1, 2024.
COMMITTEE REPORT BY: COMMITTEE ON H EALTH AND HUMAN SERVICES
April 11, 2024 - DO PASS