Oklahoma 2025 Regular Session

Oklahoma House Bill HB1366 Compare Versions

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3-ENGR. H. B. NO. 1366 Page 1 1
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28-ENGROSSED HOUSE
29-BILL NO. 1366 By: Culver of the House
29+HOUSE OF REPRESENTATIVES - FLOOR VERSION
30+
31+STATE OF OKLAHOMA
32+
33+1st Session of the 60th Legislature (2025)
34+
35+HOUSE BILL 1366 By: Culver of the House
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3137 and
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3339 Gollihare of the Senate
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45+AS INTRODUCED
3946
40-[ dentists and dental hygienists - Commission
41-membership - duties for Compact Member States -
42-powers and duties of the Compact Commission –
43-application eligibility - Compact license privilege
44-- jurisdiction - fees - military waiver - joint
45-investigations - disciplinary actions - request of
46-information - nonmember states - rulemaking
47-functions - oversight – enforcement – resolution -
48-withdrawal - dissolution – severability - rules of
49-order – codification - effective date ]
47+An Act relating to dentists and dental hygieni sts;
48+providing purpose; defining terms; providing for
49+Commission membership; providing duti es for Compact
50+Member States; providing powers and duties of the
51+Compact Commission; providing the application,
52+eligibility, and issuance of the Compact license
53+privilege to a practice state; specifying
54+jurisdiction of Compact license privilege holders;
55+providing for fees and military waiver; providing for
56+joint investigations and d isciplinary actions;
57+providing for request of information from nonmember
58+states; directing rulemaking functions of the Compact
59+Commission; providing for oversight of Compact;
60+providing for enforcement; providing for dispute
61+resolution; providing for withdrawal from the
62+Compact; providing for dissolution of the Compact;
63+providing for severabi lity; providing for binding
64+effect of the Compact; providing rules of order;
65+providing for codification; and providing an
66+effective date.
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5473 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
55-SECTION 1. NEW LAW A new section of law to be codified
56-in the Oklahoma Statutes as Section 329.1 of Title 59, unl ess there
57-is created a duplication in numbering, reads as follows:
58-The American Association of Dental Boards Compact is hereby
59-enacted into law and the Governor shall enter into a Compact on
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101+SECTION 1. NEW LAW A new se ction of law to be codified
102+in the Oklahoma Statutes as Section 329.1 of Title 59, unless t here
103+is created a duplication in numbering, reads as follows:
104+The American Association of Dental Boards Compact is hereby
105+enacted into law and the Governor shall ent er into a Compact on
86106 behalf of the State of Oklahoma with any jurisdiction legally joined
87107 therein, in the form substantially as set forth in this act.
88108 SECTION 2. NEW LAW A new section of law to be codified
89109 in the Oklahoma Statutes a s Section 329.2 of Title 59, unless there
90110 is created a duplication in numbering, reads as f ollows:
91111 The American Association of Dental Boards Compact:
92112 1. Allows for expedited licensure portability and ease of
93113 movement between states;
94114 2. Allows each state to continue to regulate the practice of
95115 dentistry and dental hygiene within its borders and maintain its
96116 sovereignty by allowing actions against a Compact license privil ege
97117 or a licensee and maintaining its existing licensure structure while
98118 allowing for Compact licensure privileges;
99119 3. Creates a common goal of protecting the public by ensuring a
100120 uniform licensure standard and sharing of information in the
101121 Compact;
102122 4. Allows for licensure in every participating state by passing
103123 a uniform licensure examina tion, that tests psychomotor and
104-cognitive dental skills , which is currently accepted in fifty state
105-licensing jurisdictions and United States territories;
106-5. Gives licensees one location to maintain professional
107-documentation to expedite Compact license privileges in states,
108-hospitals, or institutional credentialing;
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151+cognitive dental skills , which is currently accepted in fi fty state
152+licensing jurisdictions and United States territories;
153+5. Gives licensees one location to maintain professional
154+documentation to expedite Compact license privileges in states,
155+hospitals, or institutional credentialing;
135156 6. Facilitates a faster l icensure process for relocation or
136157 separation of military members and his or her dependent spouse.
137-There are no Compact fees for military members or their spouses;
158+There are no Compact fees for military members or his or her spouse;
138159 7. Alleviates a duplicative process for licensure among
139160 multiple states;
140161 8. Saves applicants money by not having to obtain duplicate
141162 documents from a source that c harges for the documents; and
142163 9. Utilizes existing infrastructure of the AADB that has been
143164 in existence for over one hundred (100) years, representing dental
144165 licensing boards.
145166 SECTION 3. NEW LAW A new section of law to be codified
146167 in the Oklahoma Statutes as Section 329.3 of Title 59, unless there
147168 is created a duplication in numbering, reads as follows:
148169 As used in this act:
149170 1. "AADB" means the American A ssociation of Dental Boards or
150171 its named successor, formerly known as the Amer ican Association of
151172 Dental Examiners (AADE), originally chartered on September 10, 1896 ,
152173 and renewed in 1944, comprised of state dental boards in the United
153174 States and its territ ories;
154-2. "AADB Attorneys' Committee" means attorneys that currently
155-represent a state dental board. The AADB Attorneys ' Committee
156-participates in the Commission as a non-voting member. An attorney
157-who has previously served as an attorney for a state d ental board
158-may be invited on a year -to-year basis to serve on the Committee if
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202+2. "AADB Attorneys' Committee" means attorneys that currently
203+represent a state dental board. The AADB Attorneys ' Committee
204+participates in the Commission as a non-voting member. An attorney
205+who has previously served as an attorney for a state de ntal board
206+may be invited on a year -to-year basis to serve on the Committee if
185207 he or she has not engaged in an official case against a board within
186208 the Compact or has any other conflict of interest. The AADB
187209 Attorneys' Committee may assist the investigato rs in working through
188210 joint investigation issues between states. The AADB Attorneys '
189211 Committee shall prepare a summary of legal issues directly dealing
190212 with the Compact at the annual meeting as well as a legal update for
191213 issues affecting Member State Dent al Boards;
192214 3. "AADB Compact Commission " means the American Association of
193215 Dental Boards (AADB) dental and dental hygiene Compact Commission.
194216 Each state shall have two members as required by Section 4 of this
195217 Compact, meeting as a whole to form the Commission;
196218 4. "AADB composite" means an annual publication listing
197219 information regarding each state board, contacts, links to statutes
198220 and rules and additional data. Ea ch state shall submit an annual
199221 update regarding all dental -practice-related licenses and p ermits
200222 available by state and the procedures allowed to be conducted by
201223 licensees and permit holders;
202224 5. "Active-duty military person or spouse " means an individual
203225 in full-time active-duty status in the active uniformed service of
204-the United States incl uding members of the National Guard and
205-Reserve. The legal spouse of the military member must be recognized
206-by the military unit as a dependent while the service member is on
207-active duty. Spouses shall receive the same privileges as military
208-members for the purpose of this Compact;
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253+the United States inclu ding members of the National Guard and
254+Reserve. The legal spouse of the military member must be recognized
255+by the military unit as a dependent while the service mem ber is on
256+active duty. Spouses shall receive the same privileges as military
257+members for the purpose of this Compact;
235258 6. "Active investigation " means an active investi gation
236259 resulting in formal allegations or charges precipitating a judicial
237260 process by a Dental Board, oversight agency, or other law
238261 enforcement entity;
239262 7. "Adverse action" means an order issued by a state dental
240263 board or reported to the AADB Clearinghouse pursuant to the Compact
241264 bylaws and rules. This shall also include a temporary emergency
242265 order that may be later withdrawn by a board;
243266 8. "ADEX examination" means American Board of Dental Examiners
244267 examination;
245268 9. "Bylaws" means the bylaws passed by th e AADB or its named
246269 successor Compact Commission;
247270 10. "Clearinghouse" means the AADB Clearinghouse and databank
248271 that houses prior adverse actions, orders, and denials of licensu re
249272 or permits from state dental boards in the fifty states and
250273 territories;
251274 11. "CODA" means the Commission on Dental Accreditation or its
252275 successor as approved by the United States Department of Education;
253-12. "Commissioners" means the two members chos en by each Member
254-State Dental Board to serve as the voting members of the Compact;
255-13. "Compact" means the American Association of Dental Boards
256-(AADB) Dental and Dental Hygiene Compact;
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303+12. "Commissioners" means the two members chose n by each Member
304+State Dental Board to serve as the voting members of the Comp act;
305+13. "Compact" means the American Association of Dental Boards
306+(AADB) Dental and Dental Hygiene Compact;
283307 14. "Compact license privilege " means the expedited dental or
284308 dental hygiene license to practice in a Member State that differs
285309 from the licensee's home state;
286310 15. "Conviction" means an adjudication and/or formal judgment
287311 by a court that an individual is guilty through a plea of guilty or
288312 no contest, or a finding of guil t by the court. Evidence of a
289313 conviction of a criminal offense by the court s hall be considered
290314 final for the purposes of disciplinary action by a board member;
291315 16. "Criminal background check " means a dentist or dental
292316 hygienist seeking Compact license p rivileges shall complete and
293317 provide a criminal background check, including the use of the
294318 results of fingerprint or other biometric data checks compliant with
295319 the requirements of the Federal Bureau of Investigation, with the
296320 exception of federal employees who have suitability determination in
297321 accordance with 5 C.F.R., Section 731.2 02;
298322 17. "Dental hygienist" means any person who:
299323 a. has successfully graduated from a CODA-approved dental
300324 hygiene school,
301325 b. has successfully passed the American Board of Denta l
302326 Examiners (ADEX) licensure exam, or has been in
303-practice five (5) years or more and has successfully
304-passed a regional or equivalent state -administered
305-psychomotor licensure examination prior to January 1,
306-2026,
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354+practice five (5) years or more and has successfully
355+passed a regional or equivalent state -administered
356+psychomotor licensure examination prior to January 1,
357+2026,
333358 c. has successfully passed the written nat ional dental
334359 hygiene board examination administered by the Joint
335360 Commission on National Dental Examinations,
336361 d. possesses a full and unrestricted dental hygiene
337362 license issued by a Member State of the Compact,
338363 e. has never been convicted, received adjudica tion,
339364 deferred adjudication, community supervision, or
340365 deferred disposition for any offense by a court of
341366 appropriate jurisdiction,
342367 f. has never been a subject of di scipline by a board
343368 through any adverse action, order, or other
344369 restriction of the licensee by the board with the
345370 exception of failure to pay fees or failure to
346371 complete continuing education,
347372 g. is not currently under active investigation by a
348373 licensing agency or law enforcement authority in any
349374 state, federal, or foreign jurisdiction, and
350375 h. meet any jurisprudence requirement established by a
351376 Member State Dental Board in which a licensee is
352377 seeking a Compact privilege expedited license;
353-18. "Dental Practice Act" means the laws and regulations
354-governing the practice of dentistry within a Member State;
355-19. "Dentist" means any person who:
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405+18. "Dental Practice Act" means the laws and regulations
406+governing the practice of dentistry within a Member State;
407+19. "Dentist" means any person who:
382408 a. has successfully graduated from a CODA-approved dental
383409 school,
384410 b. has successfully passed the American Board of Dental
385411 Examiners (ADEX) licensure exam, or has been in
386412 practice five (5) years or more and has su ccessfully
387413 passed a regional or equivalent state -administered
388414 psychomotor licensure examination prior to January 1,
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390416 c. has successfully passed the written Nati onal Dental
391417 Board Exam administered by the Joint Commission on
392418 National Dental Examinations ,
393419 d. possesses a full and unrestricted dental license
394420 issued by a Member State Dental Board of the Compact,
395421 e. has never been convicted, received adjudication,
396422 deferred adjudication, community supervision, or
397423 deferred disposition for any offense by a court of
398424 appropriate jurisdiction,
399425 f. has never been a subject of discipline by a board as
400426 determined by the AADB Compact bylaws and rules,
401427 through any adverse action, or der, or other
402428 restriction of the licensee by the board with the
403-exception of failure to pa y fees or failure to
404-complete continuing education,
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456+exception of failure to pay fees or failure to
457+complete continuing education,
431458 g. has never had a state or federal drug registration,
432459 permit, or license restricted, suspended, or revoked
433460 by the United States Drug Enforcement Administration
434461 or any state board that oversees scheduled d rug
435462 registrations,
436463 h. is not currently under active investigation by a
437464 licensing agency or law enforcement authority in any
438465 state, federal, or foreign jurisdiction, and
439466 i. meet any jurisprudence requirement established by a
440467 Member State Dental Board in whi ch a licensee is
441468 seeking a Compact privilege expedited license;
442469 20. "Home state" means the state of primary licensure. It is
443470 the location of the practicing dentist or dental hygienist license
444471 where Compact privileges originate and the licensee practices at
445472 least twenty-five percent (25%) of the time within a calendar year.
446473 The home state can take an action on a licensee regardless of where
447474 an action against a licen see occurred;
448475 21. "License" means authorization for a dentist or dental
449476 hygienist to engage in the unrestricted practice of dentistry or
450477 dental hygiene, which would be unlawful without;
451478 22. "Member State Dental Board " means a state agency in a
452479 Member State that acts in the sovereign interests of the state by
453-protecting the public through lice nsure, regulation, and the
454-education of dentist and dental hygienists as directed by the state
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507+protecting the public through licen sure, regulation, and the
508+education of dentist and dental hygienists as directed by the state
481509 law. All actions taken by a member board shall be under the
482510 authority of its state jurisdiction and any other rights conferred
483511 under this Compact;
484512 23. "Member State" means a state or United States territory
485513 that has enacted the Compact;
486514 24. "Regional board examination " means the Western Regional
487515 Dental Board Examination (W REB), the North East Regional Board of
488516 Dental Examiners (NERB), the Commission on Dental Co mpetency
489517 Assessments (CDCA), Council of AADB Compact Testing Agencies (CITA),
490518 Southern Regional Testing Agency (SRTA), or Central Regional Dental
491519 Testing Services (CRDTS);
492520 25. "Repository" means the AADB repository of original
493521 documents of a licensee that may include original transcripts,
494522 certification documents, test scores, milit ary training records,
495523 previous or current licensing documents, and other sources of
496524 materials needed for applications and verification. The AADB
497525 repository shall receive documen ts from primary or originating
498526 sources and verify their authenticity;
499527 26. "Scope of practice" means the dental-related procedures
500528 that require a license, permit, or training to undertake the
501529 treatment and procedure to be completed on a patient within the
502530 practice state's requirements;
503-27. "State" means a state within the United States or a United
504-States Territory; and
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558+27. "State" means a state within the United St ates or a United
559+States Territory; and
531560 28. "State jurisprudence" means the knowledge o f the state laws
532561 and rules of dentistry and dental hygiene in which a Compact license
533562 privilege is extended.
534563 SECTION 4. NEW LAW A new section of law to be codified
535564 in the Oklahoma Statutes as Section 329.4 of Title 59, unless there
536565 is created a duplication in numbering, reads as follows:
537566 A. The Member States hereby creat e the AADB Dental and Dental
538567 Hygiene Compact. Each state must enact the AADB model Compact that
539568 is not materially different as determined by the AADB Compact
540569 Commission.
541570 B. Each Member State Dental Board shall have two voting
542571 Commission members that shal l serve as Commissioners and have one
543572 vote each, cumulatively making the AADB Compact Commission. Member
544573 States with separate Dental and Dental Hygiene State Dental Boards
545574 shall appoint one commissioner from each Board. One shall be a
546575 current state dental board member. Commissioners may not delegate
547576 votes or proxies; however, if a commissioner is unable to attend,
548577 the Member State may substitute a delegate that mee ts the same
549578 requirements.
550579 C. Upon five states joining the Compact, the AADB dental and
551580 dental hygiene Compact will become active. The Compact Commission
552581 shall have the authority to enact bylaws and rules on behalf of the
553-Compact that shall have the force of law in each participating state
554-to carry out the provisions of the Compact.
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609+Compact that shall have the force of law in each participating state
610+to carry out the provisions of the Compact.
581611 D. The AADB Compact Commission shall be a separate body within
582612 the American Association of Dental Boards and shall have all the
583613 responsibilities, powers, and duties set forth in the Compact and
584614 such additional powers as may be conferred by a concurrent action of
585615 the respective legislatures of the Member States in accordance with
586616 the terms of the Compact.
587617 E. The Compact Commission shall meet at least once per calendar
588618 year and additional times as necessary pursuant to the bylaws and
589619 rules. During the annual meeting, the Commission members and the
590620 AADB Attorneys' Committee shall prepare inform ation regarding issues
591621 and resolutions between states to further the cooperation of the
592622 state boards. The AADB Attorneys ' Committee shall also prepare a
593623 legal update for current events related to dental boards.
594624 F. The Compact Commission shall elect officers from the
595625 membership that shall serve as an Executive Committee. Elections
596626 shall occur during the annual meeting. The quorum of Commissioners
597627 shall select an Executive Commi ttee consisting of a Chair, Vice -
598628 Chair, Secretary, Treasurer , and a Representative from the North,
599629 South, East, and West districts as divided pursuant to the AADB
600630 Compact Rules.
601631 G. Quorum for purposes of conducting business shall be a
602632 majority of Commission members attending in person or virtually.
603-H. The Commission shall provide notice of all meetings on its
604-website and in other communications to members.
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660+H. The Commission shall provide notice of all meetings on its
661+website and in other communications to members.
631662 I. A vote of two-thirds (2/3) of the membership shall be
632663 required for an executive session to disc uss:
633664 1. Items specifically related to participation in a lawsuit or
634665 in anticipation of a legal proceeding;
635666 2. Matters specifically exempted from disclosure by fede ral
636667 statute;
637668 3. Discussions of investigative records of an active Compact
638669 member investigation or investigative records for law enforcement or
639670 discussions specifically accusing a person of a crime or a public
640671 censure;
641672 4. Discussions that would include in formation of a personal
642673 nature that would constitute an unwarranted invasion of personal
643674 privacy;
644675 5. Anything considered internal practices and procedures or a
645676 trade secret;
646677 6. Other items in the Commission bylaws allowing for executive
647678 sessions to be called; or
648679 7. Advice of legal counsel.
649680 J. The Commission shall keep minutes and make them a vailable to
650681 all Member States.
651682 K. The Commission may establish other committees as needed.
652-L. The Commission shall prepare an annual report that shall be
653-made available to the legislatures and governors of the Member
654-States concerning the activities of the AADB Compact Commission
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710+L. The Commission shall prepare an annual report that shall be
711+made available to the legislatures and governors of the Member
712+States concerning the activities of t he AADB Compact Commission
681713 during the preceding calendar year. Such reports s hall also include
682714 reports of financial audits and any recommendations that may have
683715 been adopted by the Compact Commission.
684716 SECTION 5. NEW LAW A new secti on of law to be codified
685717 in the Oklahoma Statutes as Section 329.5 of Title 59, unless there
686718 is created a duplication in numbering, reads as follows:
687719 A. Member States agree to submit Member State Dental Board
688720 actions and other documents and data as determ ined by the AADB
689721 Compact Commission through bylaws and rules.
690722 B. Member States shall notify the AADB Compact Commission
691723 pursuant to the rules regarding any adverse action taken by the
692724 Board, any active investigation by the state dental board, and any
693725 active investigation involving pending criminal charges or other
694726 circumstance as determined by the Compact Commission Rules and
695727 bylaws.
696728 C. Any adverse action, order, re striction, or denial of a
697729 license or permit on a licensee or permit holder shall be reporte d
698730 to the AADB Clearinghouse by the Member State Dental Board.
699731 D. Member State Dental Boards may submit nonpublic complaints,
700732 disciplinary or investigatory informati on not required by subsection
701733 C of this section to the AADB Clearinghouse. All investigato ry
702-material shall be considered confidential and not part of a public
703-record unless otherwise specifically required by state statute.
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761+material shall be considered confidential and not part of a public
762+record unless otherwise specifically required by state statute.
730763 E. Accept continuing education credits as required by each
731764 state, including but not limited to classes authorized by AADB
732765 Accredited Continuing Education (ACE) program.
733766 F. Documents in the AADB Repo sitory shall be treated by a
734767 Member State as the equivalent of a primary or original so urce
735768 document for licensure.
736769 G. Member States agree to accept a standardized application f or
737770 Compact license privileges. The standardized application shall be
738771 established by the rules enacted by the Commission.
739772 H. Member States may agree to share inform ation regarding
740773 ongoing investigations and actions, including joint investigations
741774 between states. All investigatory material shall be considered
742775 confidential and not p art of a public record unless otherwise
743776 specifically required by state statute.
744777 I. As part of the Compact enforcement, participating Member
745778 States issuing subpoenas and seeking testimony of witnesses shall be
746779 enforced in other participating Member States in the Compact and
747780 shall be enforced by a court of competent jurisdiction where the
748781 witnesses or evidence is located.
749782 SECTION 6. NEW LAW A new section of law to be codified
750783 in the Oklahoma Statutes as Section 329.6 of Title 59, unle ss there
751784 is created a duplication in numbering, reads as follows:
752-A. The AADB Compact Commission shall have the duty and power
753-to:
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812+A. The AADB Compact Commission shall have the duty and power
813+to:
780814 1. Oversee and maintain the administration of the Compact,
781815 including organizational needs, the financial activities, the hiring
782816 of personnel and ongoing activities or needs of the AADB Compact
783817 Commission;
784818 2. Promulgate bylaws and rules to operate the Compact;
785819 3. Establish a budget and make expendit ures;
786820 4. Issue, upon the request of a Member State Dental Board,
787821 advisory opinions concerning the meaning or interpretation of the
788822 Compact and its bylaws, rules, an d actions;
789823 5. Enforce compliance with Compact provisions, the rules
790824 promulgated by the AAD B Compact Commission and the bylaws using all
791825 necessary and proper means, including , but not limited to, the use
792826 of judicial process;
793827 6. Hold an annual meeting for the AADB Compact Commission where
794828 the elections of an executive board and other issues may be
795829 discussed and voted on;
796830 7. Establish personnel policies and programs relat ing to
797831 conflicts of interest, rates of compensation, and qualifications of
798832 personnel;
799833 8. Accept donations and grants of money, equipment, supplies,
800834 materials, and services, and to receive, utilize, and dispose of
801-them in a manner consistent with the conflict -of-interest policies
802-established by the AADB Commission;
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862+them in a manner consistent with the conflict -of-interest policies
863+established by the AADB Commission;
829864 9. Report annually to the legislatures and governors of the
830865 Member State Dental Boards concerning the activities of the AADB
831866 Compact Commission during the preceding calendar year. Such reports
832867 shall also include reports of financial audits and any
833868 recommendations that may have be en adopted by the AADB Compact
834869 Commission; and
835870 10. Coordinate education, training, and pub lic awareness
836871 regarding the Compact, its implementation, and its operation.
837872 B. The Executive Committee shall have the power to act on
838873 behalf of the AADB Compact Com mission with the exception of
839874 rulemaking during periods when the Compact Commission is not in
840875 session. When acting on behalf of the Compact Commission, the
841876 Executive Committee shall oversee the administration of the Compact ,
842877 including enforcement and comp liance of the Compact.
843878 C. The officers and employees of the AADB Compact Commission
844879 shall be immune from suit and liability, either personally or in his
845880 or her official capacity, for a claim for damage to or loss of
846881 property or personal injury or other ci vil liability caused or
847882 arising out of, or relating to, an actual or alleged act, error, or
848883 omission that occurred, or that such person had a reasonable basis
849884 for believing occurred, within the scope of AADB Compact Commission
850885 employment, duties or respons ibilities; provided, that such person
851-shall not be protected from suit or liability for da mage, loss,
852886
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913+shall not be protected from suit or liability for dam age, loss,
878914 injury, or liability caused by the intentional or willful and wanton
879915 misconduct of such person.
880916 D. The liability of the Executive Director and employees of the
881917 AADB Compact Commission or representatives of the AADB Compact
882918 Commission, acting wi thin the scope of such person 's employment or
883919 duties for acts, errors, or omis sions occurring within such person 's
884920 state, may not exceed the limits of liability set forth under the
885921 constitution and laws of that state for state officials, employees,
886922 and agents. The AADB Compact Commission is considered to be an
887923 instrumentality of the states for the purposes of any such action.
888924 Nothing in this subsection shall be cons trued to protect such person
889925 from suit or liability for damage, loss, injury, or liability caused
890926 by the intentional or willful and wanton misconduct of such person.
891927 E. The AADB Compact Commission shall defend the Executive
892928 Director, its employees, and, s ubject to the approval of the
893929 Attorney General or other appropriate legal counsel of the Me mber
894930 State represented by an AADB Compact Commission representative,
895931 shall defend such AADB Compact Commission representative in any
896932 civil action seeking to impose l iability arising out of an actual or
897933 alleged act, error, or omission that occurred within t he scope of
898934 AADB Compact Commission employment, duties, or responsibilities, o r
899935 that the defendant had a reasonable basis for believing occurred
900936 within the scope of AADB Compact Commission employment, duties, or
901-responsibilities, provided that the actual or alleged act, error, or
902937
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964+responsibilities, provided that the actual o r alleged act, error, or
928965 omission did not result from intentional or willful and wanton
929966 misconduct on the part of such person.
930967 F. To the extent not covered by the s tate involved, Member
931968 State, or the AADB Compact Commission, the representatives or
932969 employees of the AADB Compact Commission shall be held harmless in
933970 the amount of a settlement or judgment, including attorney fees and
934971 costs, obtained against such persons arising out of an actual or
935972 alleged act, error, or omission that occurred within the scope of
936973 AADB Compact Commission employment, duties, or responsibilities, or
937974 that such persons had a reasonable basis for believing occurred
938975 within the scope of AADB Compa ct Commission employment, duties, or
939976 responsibilities, provided that the actual or alleged act, error, or
940977 omission did not result from intentional or willful and wanton
941978 misconduct on the part of such persons.
942979 SECTION 7. NEW LAW A ne w section of law to be codified
943980 in the Oklahoma Statutes as Section 329.7 of Title 59, unle ss there
944981 is created a duplication in numbering, reads as follows:
945982 A. A dentist or dental hygienist applying for Compact license
946983 privileges shall meet the requiremen ts of a dentist as listed in
947984 paragraph 19 of Section 3 of this Compact or dental hygienist as
948985 listed in paragraph 17 of Section 3 of this Compact and hold a
949986 current valid license in a Member State under this Compact.
950-B. Each dentist or dental hygienist shall designate a home
951-state of licensure. The home state shall be determined by:
952987
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1014+B. Each dentist or dental hygienist sh all designate a home
1015+state of licensure. The home state shall be determined by:
9781016 1. The state of primary residence for the dentist or dental
9791017 hygienist where twenty -five percent (25%) of his or her practice
9801018 within one (1) year occurs. An active -duty military member or his
9811019 or her spouse may choose a home state as designated with the
9821020 military but is not required to meet the twenty -five percent (25%)
9831021 practice within the hom e state requirement; or
9841022 2. If no state qualifies under paragraph 1 of this subsection,
9851023 then the state where the dentist or dental hygienist filed the
9861024 previous year federal tax r eturn.
9871025 C. A dentist or dental hygienist may redesignate a home state
9881026 one time in a calendar year, if the qualifications of a home state
9891027 are met.
9901028 D. A dentist or dental hygienist seeking a Compact license
9911029 privilege shall apply to his or her home state for a letter stating
9921030 that he or she is eligible for Compact license privileges.
9931031 E. The home state determines the eligibility and issues a
9941032 letter of approval or denial for the Compact license privilege.
9951033 F. The letter is submitted to the proposed Compact lice nse
9961034 state along with the AADB Compact application packet and
9971035 authorization to seek access to the licensee 's repository documents
9981036 and any additional information as ma y be required by the proposed
9991037 Compact license state along with the required fees. Upon app roval
1000-from the home state, the Compact license state shall issue a state
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1065+from the home state, the Compact license state shall issue a state
10271066 Compact license privilege from the proposed application state to the
10281067 applicant.
10291068 G. Appeals on determination of eligibility shall be made to the
10301069 home state where the applicant was see king privileges under a state
10311070 Compact license privilege and shall be subject to the law of that
10321071 state.
10331072 H. A person holding a Compact license privilege shall notify
10341073 the Compact Commission within ten (10) business days of any adverse
10351074 action taken against a license held in a non -Compact state.
10361075 I. A Compact license privilege may be re voked, suspended, or
10371076 limited by the issuing state dental board if at any time the
10381077 licensee's home state license is revoked, suspended, or limited.
10391078 J. The AADB Compact Commission is authorized to develop rules
10401079 regarding the application and renewal process including payment of
10411080 any application fees and the issuance of a Compact license
10421081 privilege.
10431082 K. Eligibility or ineligibility to receive a state Compact
10441083 license privilege shall not impact or prohibit an individual from
10451084 the ability to seek a state license thr ough the regular process
10461085 outside of the Compact.
10471086 SECTION 8. NEW LAW A new section of law to be codified
10481087 in the Oklahoma Statutes as Section 329.8 of Title 59, unless there
10491088 is created a duplication in numbering, reads as follows:
10501089
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10761116 A. Each dentist or dental hygienist holding a Compact license
10771117 privilege is required to re ference the composite and Member State
10781118 Dental Boards' statutes and rules to be aware of law s that apply to
10791119 a specific state in which he or she is practicing under a Comp act
10801120 license privilege. Compact license scope and practice requirements
10811121 shall conform to the state jurisdiction in which the Compact license
10821122 privilege holder is practicing.
10831123 B. Each dentist or dental hygienist holding a Compact license
10841124 privilege shall list a current address with the AADB Compact
10851125 Commission that shall serve as his or her official address of
10861126 service.
10871127 C. A dentist or dental hygienist holding a Compact license
10881128 privilege may have an adverse action taken against him or her by
10891129 the:
10901130 1. Member State Dental Board in which they are practicing with
10911131 a Compact license privilege;
10921132 2. Compact licensee's home state; or
10931133 3. Member State that is a Compact member where the Compact
10941134 licensee has requested or received a Compact license privilege to
10951135 practice.
10961136 D. Any state in which the Compact licensee holds a Compact
10971137 license privilege may investig ate an allegation of a violation of
10981138 the statutes and rules of dentistry or dental hygiene i n any other
10991139 state where the Compact licensee holds a Compact license privilege .
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11261167 SECTION 9. NEW LAW A new section of law to be codified
11271168 in the Oklahoma Statutes as Section 329.9 of Title 59, unless there
11281169 is created a duplication in n umbering, reads as follows:
11291170 A. The AADB Compact Commission is authorized to develop rules
11301171 regarding fees for Compact licensees ' use of the repository and
11311172 other provisions as determined by the AADB Compact Commission.
11321173 B. A Member State Dental Board issuin g a Compact license
11331174 privilege authorizing practice in its state may impose a f ee for a
11341175 Compact license privilege to be issued or renewed.
11351176 C. No Compact fee shall be required of any active-duty military
11361177 member or his or her spouse up to one (1) year after separation.
11371178 Each participating state issuing a Compact license privilege may
11381179 waive fees for active -duty military and his or her spouse as
11391180 required by each individua l state statute.
11401181 D. Active-duty military may transfer military training records
11411182 to the repository without a fee.
11421183 SECTION 10. NEW LAW A new sectio n of law to be codified
11431184 in the Oklahoma Statutes as Section 329.10 of Title 59, unless there
11441185 is created a duplication in numbering, reads as follows:
11451186 A. Each state shall name a point of contact for joint
11461187 investigations between Compact Member State Dental Boards.
11471188 B. In addition to the authority granted to a Member State
11481189 Dental Board by the state law of its jurisdiction, Member State
11491190 Dental Boards may participate with other Member State Dental Boards
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11761218 in joint investigations of licensees that fall subject to this
11771219 Compact.
11781220 C. Member State Dental Boards may share investigative,
11791221 litigation, or other materials in furtherance of any joint or
11801222 individual investigation arising with a licen see who holds a Compact
11811223 license privilege within his or her jurisdiction.
11821224 D. A subpoena issued by a Member State or Member State Dental
11831225 Board shall be enforceable i n other Member States as allowed by law.
11841226 E. If a licensee has a disciplinary action taken by any Member
11851227 State Dental Board against a licensee under the Compact, he or she
11861228 shall automatically be subject to discipline by other Member State
11871229 Dental Boards.
11881230 F. If a licensee has an action taken against his or her home
11891231 state license, including being revoked, surrendered, or relinquished
11901232 in lieu of discipline or being suspended, then automatically all
11911233 other Compact license privileges shall be placed in the same s tatus.
11921234 The home state shall notify the Commission and the Commission shall
11931235 issue a notice to all Member State Dental Boards that the licensee
11941236 holding a Compact license privilege shall suspend the Compact
11951237 license privilege.
11961238 G. If discipline is taken again st a licensee in an AADB Compact
11971239 Member State, the Member State Board shall notify the Comm ission and
11981240 the home state of the licensee. The home state may deem the action
11991241 conclusive as a matter of law and fact decided and:
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12261269 1. Impose the same or lesser sanc tion consistent with the home
12271270 state practice act; or
12281271 2. Pursue separate actions against th e licensee under its
12291272 practice act regardless of the sanctions pursued by the C ompact
12301273 Member State Dental Board.
12311274 SECTION 11. NEW LAW A new sect ion of law to be codified
12321275 in the Oklahoma Statutes as Section 329.11 of Title 59, unless th ere
12331276 is created a duplication in numbering, reads as follows:
12341277 A. Insurance companies and entities verifying documents for the
12351278 purpose of licenses extended to a provi der may seek information from
12361279 the AADB Clearinghouse for public record documents.
12371280 B. A dentist or dental hygienist, as defined by the bylaws and
12381281 rules, may submit a req uest to the AADB Compact Commission to allow
12391282 any hiring employer, entity, or insurance company to access
12401283 documents from the repository for the purposes of credentialing,
12411284 licensing, or other privileges.
12421285 C. The Commission shall set a fee schedule for these services
12431286 in the bylaws and rules.
12441287 SECTION 12. NEW LAW A new sect ion of law to be codified
12451288 in the Oklahoma Statutes as Section 329.12 of Title 59, unless th ere
12461289 is created a duplication in numbering, reads as follows:
12471290 A. The AADB Compact Commission shall promulgate reasonable
12481291 rules in order to effectively and efficientl y achieve the purposes
12491292 of the Compact. Notwithstanding the foregoing, in the event the
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12761320 Commission exercises its rulemaking authority in a manner that is
12771321 beyond the scope of the purposes of the Compact, or the powers
12781322 granted hereunder, then such an action by the AADB Compact
12791323 Commission may be determined to be invalid and have no force or
12801324 effect.
12811325 B. Rules deemed appropriate for the operations of the AADB
12821326 Compact Commission shall be made pursuant to a rulemaking process
12831327 that substantially conforms to the Mod el State Administrative
12841328 Procedure Act of 2010, and subsequent amendments thereto.
12851329 SECTION 13. NEW LAW A new section of law to be codified
12861330 in the Oklahoma Statutes as Section 329.13 of Title 59, unless there
12871331 is created a duplication i n numbering, reads as follows:
12881332 A. The executive, legislative, and judicial branches of sta te
12891333 government in each Member State Dental Board shall enforce the
12901334 Compact and shall take all actions necessary and appropriate to
12911335 effectuate the Compact 's purposes and intent to allow for expedited
12921336 licensure for the purpose of mobility. The provisions of the
12931337 Compact and the rules promulgated hereunder shall have standing as
12941338 statutory law, but shall not override existing state authority to
12951339 regulate the practice of den tistry and dental hygiene.
12961340 B. All courts may take judicial notice of the Compact and the
12971341 rules in any judicial or administrative proceeding in a Member State
12981342 pertaining to the subject matter of the Compact which may affect the
12991343 powers, responsibilities, or actions of the AADB Compact Commission.
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13261371 C. The AADB Compact Commission shall be entitled to receive all
13271372 service of process in any such proceeding and shall have standing to
13281373 intervene in the proceeding for all purposes. Failure to provide
13291374 service of process to the AADB Compact Commission shall render a
13301375 judgment or order void as to the AADB Com pact Commission, the
13311376 Compact, or promulgated rules.
13321377 SECTION 14. NEW LAW A new section of law to be codified
13331378 in the Oklahoma Statutes as Sectio n 329.14 of Title 59, unless there
13341379 is created a duplication in numbering, reads as follows:
13351380 A. The AADB Compact Commission, in the reasonable exercise of
13361381 its discretion, shall enforce the provisions and rules of the
13371382 Compact.
13381383 B. The grounds for default in clude, but are not limited to,
13391384 failure of a Member State to perform such obligations or
13401385 responsibilities imposed upon it by the Compact, or the rules and
13411386 bylaws of the AADB Compact Commission promulgated under the Compact.
13421387 C. If the AADB Compact Commissio n determines that a Member
13431388 State has defaulted in the performance of its obligations or
13441389 responsibilities under the Compact, or the bylaws or promulgated
13451390 rules, the AADB Compact Commission shall:
13461391 1. Provide written notice to the defaulting state and other
13471392 Member States of the nature of the default, the means of curing the
13481393 default, and any action taken by the AADB Compact Commission. The
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13751421 AADB Compact Commission shall spec ify the conditions by which the
13761422 defaulting state must cure its default; and
13771423 2. Provide remedial training and specific technical assistance
13781424 regarding the default.
13791425 D. If the defaulting state fails to cure the default, the
13801426 defaulting state shall be terminated from the Compact upon an
13811427 affirmative vote of a majority of the Commissioners and all rights,
13821428 privileges, and benefits conferred by the Compact shall terminate on
13831429 the effective date of termination. A cure of the default does not
13841430 relieve the offending st ate of obligations or liabilities incurred
13851431 during the period of the default.
13861432 E. Termination of membership in the Compact shall be imposed
13871433 only after all other means of securing compliance have been
13881434 exhausted. Notice of intent to terminate shall be given by the AADB
13891435 Compact Commission to the Governor, the majority and minority
13901436 leaders of the defaulting state's Legislature and each of the Member
13911437 States.
13921438 F. The AADB Compact Commis sion shall establish rules and
13931439 procedures to address licenses and Compact lice nse privilege holders
13941440 that are materially impacted by the termination of a Member State or
13951441 the withdrawal of a Member State.
13961442 G. The AADB Compact Commission shall not bear any co sts
13971443 relating to any state that has been found to be in default or which
13981444 has been terminated from the Compact, unless otherwise mutually
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14251472 agreed upon in writing betwee n the AADB Compact Commission and the
14261473 defaulting state.
14271474 H. The defaulting state may appeal the action of the AADB
14281475 Compact Commission by petitioning the federal district where the
14291476 AADB Compact Commission has its principal offices. The prevailing
14301477 party shall be awarded all costs of such litigation, including
14311478 reasonable attorney fees.
14321479 I. The AADB Compact Commission shall not bear any costs
14331480 relating to any state that has been found to be in default or which
14341481 has been terminated from the Compact, unless otherw ise mutually
14351482 agreed upon in writing between the AADB Compact Commission and the
14361483 defaulting state.
14371484 J. The remedies herein shall not be the exclusive remedies of
14381485 the AADB Compact Commission. The AADB Compact Commission may avail
14391486 itself of any other remedie s available under state law or the
14401487 regulation of a profession.
14411488 SECTION 15. NEW LAW A new section of law to be codified
14421489 in the Oklahoma Statutes as Section 329.15 of Title 59, unless there
14431490 is created a duplication in numbering, reads as follows:
14441491 A. The AADB Compact Commission shall attempt, upon the request
14451492 of a Member State Dental Board, to resolve disputes which are
14461493 subject to the Compact and whic h may arise among Member State Dental
14471494 Boards.
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14741522 B. The AADB Compact Commission shall pro mulgate rules providing
14751523 for both mediation and binding dispute resolution, as appropriate.
14761524 SECTION 16. NEW LAW A new section of law to be codified
14771525 in the Oklahoma Statutes as Section 329.16 of Title 59, unless there
14781526 is created a duplication in numbering, reads as follows:
14791527 A. Any state is eligible to become a Member State of the
14801528 Compact.
14811529 B. The Compact shall become effective and binding upon
14821530 legislative enactment of the Compact into law by no less than five
14831531 states. Thereafter, it sh all become effective and binding on a
14841532 state upon enactment of the Compact into law by that state.
14851533 C. The governors of nonmember states, or his or her designees,
14861534 shall be invited to participate in the activities of the AADB
14871535 Compact Commission on a nonvotin g basis prior to adoption of the
14881536 Compact by all states.
14891537 D. The AADB Compact Commission may propose amendments to the
14901538 Compact for enactment by the Member States. No ame ndment shall
14911539 become effective and binding upon the AADB Compact Commission and
14921540 the Member States unless and until it is enacted into law by
14931541 unanimous consent of the Member States .
14941542 SECTION 17. NEW LAW A new section of law to be codified
14951543 in the Oklahoma Statutes as Section 329.17 of Title 59, unless there
14961544 is created a duplication in numbering, reads as follows:
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15231572 A. Once effective, the Compact shall continue in force and
15241573 remain binding upon each and every Member State; provided, that a
15251574 Member State may withdraw from the Compact after giving appropriate
15261575 notice by specifical ly repealing the statute which enacted the
15271576 Compact into law.
15281577 B. Withdrawal from the Compac t shall be by the enactment of a
15291578 statute repealing the same. The individual 's Compact license
15301579 privilege shall remain in effect for six (6) months from the date of
15311580 the Member State Dental Board 's withdrawal.
15321581 C. The withdrawing state shall immediately noti fy the
15331582 chairperson of the AADB Compact Commission in writing upon the
15341583 introduction of legislation repealing the Compact in the withdrawing
15351584 state.
15361585 D. The AADB Compact Commission shall notify the other Member
15371586 States of the withdrawing state 's intent to withdraw within sixty
15381587 (60) days of its receipt of notice provided under subsection C of
15391588 this section.
15401589 E. Reinstatement following withdrawal of a Member State shall
15411590 occur upon the withdrawing state reenacting the Compact or upon such
15421591 later date as determined b y the AADB Compact Commission.
15431592 F. The AADB Compact Commission is authorized t o develop rules
15441593 to address the impact of the withdrawal of a Member State on
15451594 licenses granted in other Member States to dentists and dental
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15721622 hygienists who designated the withdraw ing Member State as the state
15731623 of principal license.
15741624 SECTION 18. NEW LAW A new section of law to be codified
15751625 in the Oklahoma Statutes as Sectio n 329.18 of Title 59, unless there
15761626 is created a duplication in numbering, reads as follows:
15771627 A. The Compact shall dissolve effective upon the date of the
15781628 withdrawal or default of the Member State which reduces the
15791629 membership in the Compact to one Member St ate.
15801630 B. Upon the dissolution of the Compact, the Compact becomes
15811631 null and void and shall b e of no further force or effect, and the
15821632 business and affairs of the AADB Compact Commission shall be
15831633 concluded and surplus funds shall be distributed in accordance with
15841634 the bylaws.
15851635 SECTION 19. NEW LAW A new section of law to be codi fied
15861636 in the Oklahoma Statutes as Section 329.19 of Title 59, unless there
15871637 is created a duplication in numbering, reads as follows:
15881638 A. The provisions of the Compact shall be severable, and if any
15891639 phrase, clause, sentence, or provision is deemed unenforceab le, the
15901640 remaining provisions of the Compact shall be enforceable.
15911641 B. The provisions of the Compact shall be liberally construed
15921642 to effectuate its purposes.
15931643 SECTION 20. NEW LAW A new section of law to be codified
15941644 in the Oklahoma Stat utes as Section 329.20 of Title 59, unless there
15951645 is created a duplication in n umbering, reads as follows:
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16221673 A. Nothing herein prevents the enforcement of any other la w of
16231674 a Member State that is not inconsistent with the Compact.
16241675 B. All lawful actions of th e AADB Compact Commission, including
16251676 all rules and bylaws promulgated by the Commission, are binding upon
16261677 the Member States.
16271678 C. All agreements between the AADB Comp act Commission and the
16281679 Member States are binding in accordance with their terms.
16291680 D. In the event any provision of the Compact exceeds the
16301681 constitutional limits imposed on the Legislature of any Member
16311682 State, such provision shall be ineffective to the exte nt of the
16321683 conflict with the constitutional provision in question in that
16331684 Member State.
16341685 SECTION 21. NEW LAW A new section of law to be codified
16351686 in the Oklahoma Statutes as Section 329.21 of Title 59, unless there
16361687 is created a duplicat ion in numbering, reads as follows:
16371688 The most current edition of the American Institute of
16381689 Parliamentarians Standard Code of Parliamentary Procedure governs
16391690 all meetings of the AADB Compact Commission, including its
16401691 committees, in those situations not other wise covered in the bylaws.
16411692 SECTION 22. This act shall become effective Nov ember 1, 2025.
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1668-Passed the House of Representatives the 27th day of March, 2025.
1669-
1670-
1671-
1672-
1673- Presiding Officer of the House
1674- of Representatives
1675-
1676-
1677-
1678-Passed the Senate the ___ day of ___________, 2025.
1679-
1680-
1681-
1682-
1683- Presiding Officer of the Senate
1694+COMMITTEE REPORT BY: COMMITTEE ON COMMERCE AND ECONOMIC DEVELOPMENT
1695+OVERSIGHT, dated 03/04/2025 - DO PASS.