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SENATE FLOOR VERSION
February 24, 2025
SENATE BILL NO. 540 By: Stanley of the Senate
and
Harris of the House
An Act relating to professions and occupations ;
enacting the Dentist and Dental Hygienist Compact and
authorizing the Governor to ent er into the Compact
with certain jurisdictions; setting forth form of the
Compact; 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 sec tion of law to be codified
in the Oklahoma Statutes as Section 329.1 of Title 59, unless there
is created a duplication in numbering, reads as follows:
The Dentist and Dental Hygienist Compact is hereby enacted into
law and the Governor shall enter into th e 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 Sectio n 329.2 of Title 59, unless there
is created a duplication in numbering, reads as follows:
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DENTIST AND DENTAL HYGIENIST COMPACT
SECTION 1: TITLE AND PURPOSE
This statute shall be known and cited as the “Dentist and Dental
Hygienist Compact”. The purposes of this Compact are to facilitate
the interstate practice of dentistry and dental hygiene and improve
public access to dentistry and dental hy giene services by providing
Dentists and Dental Hygienists licensed in a Participating State the
ability to practice in Participating States in which they are not
licensed. The Compact does this by establishing a pathway for
Dentists and Dental Hygienists licensed in a Participating State to
obtain a Compact Privilege that authorizes them to practice in
another Participating State in which they are not licensed. The
Compact enables Participating States to protect the public health
and safety with respect to the practice of such Dentists and Dental
Hygienists, through the State ’s authority to regulate the practice
of dentistry and dental hygiene in the State. The Compact:
A. Enables Dentists and Dental Hygienists who qualify for a
Compact Privilege to practice in other Participating States without
satisfying burdensome and duplicative requirements associated with
securing a License to practice in those States .
B. Promotes mobility and addresses workforce shortages through
each Participating State ’s acceptance of a Compact Privilege to
practice in that State .
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C. Increases public access to qualified, licensed Dentist s and
Dental Hygienists by creating a responsible, streamlined pathway for
Licensees to practice in Participating States .
D. Enhances the ability of Participating States to protect the
public’s health and safety.
E. Does not interfere with licensure requ irements established
by a Participating State .
F. Facilitates the sharing of licensure and disciplinary
information among Participating States.
G. Requires Dentists and Dental Hygienists who practice in a
Participating State pursuant to a Compact Privile ge to practice
within the Scope of Practice authorized in that State .
H. Extends the authority of a Participating State to regulate
the practice of dentistry and dental hygiene within its borders to
Dentists and Dental Hygienists who practice in the State through a
Compact Privilege.
I. Promotes the cooperation of Participating State s in
regulating the practice of dentistry and dental hygiene w ithin those
States.
J. Facilitates the relocation of military members and their
spouses who are licensed to prac tice dentistry or dental hygiene .
SECTION 2: DEFINITIONS
As used in this Compact, unless the context requires otherwise,
the following definitions shall apply:
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A. “Active Military Member ” means any person with full -time
duty status in the armed forces of the United States, including
members of the National Guard and Reserve .
B. “Adverse Action” means disciplinary action or encumbrance
imposed on a License or Compact Privilege by a State Licensing
Authority.
C. “Alternative Program” means a non-disciplinary monitoring or
practice remediation process applicable to a Dentist or Dental
Hygienist approved by a State Licensing Authority of a Participating
State in which the Dentist or Dental Hygienist is licensed. This
includes, but is not limited to, program s to which Licensees with
substance abuse or addiction issues are referred in lieu of Adverse
Action.
D. “Clinical Assessment” means examination or process, required
for licensure as a Dentist or Dental Hygienist as applicable, that
provides evidence of c linical competence in dentistry or dental
hygiene.
E. “Commissioner” means the individual appointed by a
Participating State to serve as the member of the Commission for
that Participating State .
F. “Compact” means this Dentist and Dental Hygienist Compa ct.
G. “Compact Privilege” means the authorization granted by a
Remote State to allow a Licensee from a Participating State to
practice as a Dentist or Dental Hygienist in a Remote State .
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H. “Continuing Professional Development ” means a requirement,
as a condition of License renewal , to provide evidence of successful
participation in educational or professional activities relevant to
practice or area of work .
I. “Criminal Background Check ” means the submission of
fingerprints or other biometric -based information for a License
applicant for the purpose of obtaining that applicant ’s criminal
history record information, as defined in 28 C.F.R. , Section 20.3(d)
from the Federal Bureau of Investigation and the State ’s criminal
history record repository as defi ned in 28 C.F.R., Section 20.3(f).
J. “Data System” means the Commission ’s repository of
information about Licensees, including but not limited to
examination, licensure, investigative, Compact Privilege, Adverse
Action, and Alternative Program .
K. “Dental Hygienist” means an individual who is licensed by a
State Licensing Authority to practice dental hygiene .
L. “Dentist” means an individual who is licensed by a State
Licensing Authority to practice dentistry .
M. “Dentist and Dental Hygienist Compact C ommission” or
“Commission” means a joint government agency established by this
Compact comprised of each State that has enacted the Compact and a
national administrative body comprised of a Commissioner from each
State that has enacted the Compact .
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N. “Encumbered License” means a License that a State Licensing
Authority has limited in any way other than through an Alternative
Program.
O. “Executive Board” means the Chair, Vice Chair, Secretary and
Treasurer and any other Commissioners as may be determined by
Commission Rule or bylaw .
P. “Jurisprudence Requirement ” means the assessment of an
individual’s knowledge of the laws and Rules governing the practice
of dentistry or dental hygiene, as applicable, in a State .
Q. “License” means current authorizatio n by a State, other than
authorization pursuant to a Compact Privilege, or other privilege,
for an individual to practice as a Dentist or Denta l Hygienist in
that State.
R. “Licensee” means an individual who holds an unrestricted
License from a Participat ing State to practice as a Dentist or
Dental Hygienist in that State .
S. “Model Compact” means the model for the Dentist and Dental
Hygienist Compact on file with the Council of State Governments or
other entity as designated by the Commission .
T. “Participating State” means a State that has enacted the
Compact and been admitted to the Commission in accordance with the
provisions herein and Com mission Rules.
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U. “Qualifying License” means a License that is not an
Encumbered License issued by a Participati ng State to practice
dentistry or dental hygiene .
V. “Remote State” means a Participating State where a Licensee
who is not licensed as a Dentist or Dental Hygienist is exercising
or seeking to exercise the Compact Privilege .
W. “Rule” means a regulation promulgated by an entity that has
the force of law.
X. “Scope of Practice” means the procedures, actions, and
processes a Dentist or Dental H ygienist licensed in a State is
permitted to undertake in that State and the circumstances under
which the Licensee is permitted to undertake those procedures,
actions and processes. Such procedures, actions and processes and
the circumstances under which they may be undertaken may be
established through means, including, but not limited to, statute,
regulations, case law, and other processes available to the State
Licensing Authority or other government agency .
Y. “Significant Investigative Information ” means information,
records, and documents received or generated by a State Licensing
Authority pursuant to an inv estigation for which a determination has
been made that there is probable cause to believe that the Licensee
has violated a statute or regulation that is considered more than a
minor infraction for which the State Licensing Authority could
pursue Adverse Action against the Licensee .
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Z. “State” means any state, commonwealth, district, or
territory of the United States of America that regulates th e
practices of dentistry and dental hygiene .
AA. “State Licensing Authority ” means an agency or other entity
of a State that is responsible for the licensing and regulation of
Dentists or Dental Hygienists.
SECTION 3: STATE PARTICIPATION IN THE COMPACT
A. In order to join the Compact and thereafter continue as a
Participating State, a State must:
1. Enact a compact that is not materially different from the
Model Compact as determined in accordance with Commission Rules;
2. Participate fully in the Comm ission’s Data System;
3. Have a mechanism in place for receiving and investigating
complaints about its Licensee s and License applicants;
4. Notify the Commission, in compliance with the terms of the
Compact and Commission Rules, of any Adverse Action or the
availability of Significant Investigative Information regarding a
Licensee and License applicant;
5. Fully implement a Criminal Background Check requirement,
within a time frame established by Commission Rule, by receiving the
results of a qualifying Criminal Background Check;
6. Comply with the Commission Rules applicable to a
Participating State;
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7. Accept the National Board Examinations of the Joint
Commission on National Dental Examinations or another examination
accepted by Commission Rule as a licensure examination;
8. Accept for licensure that applicants for a Dentist License
graduate from a predoctora l dental education program accredited by
the Commission on Dental Accreditation, or another accrediting
agency recognized by the United States Department of Education for
the accreditation of dentistry and dental hygiene education
programs, leading to the Doctor of Dental Surgery (D.D.S.) or Doctor
of Dental Medicine (D.M.D.) degree;
9. Accept for licensure that applicants for a Dental Hygienist
License graduate from a dental hygiene education program accredited
by the Commission on Dental Accreditation or another accrediting
agency recognized by the United States Department of Education for
the accreditation of dentistry and dental hygiene educa tion
programs;
10. Require for licensure that applicants successfully complete
a Clinical Assessment;
11. Have Continuing Professional Development requirements as a
condition for License renewal; and
12. Pay a participation fee to the Commission as established by
Commission Rule.
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B. Providing alternative pathways for an individual to obtain
an unrestricted Licens e does not disqualify a State from
participating in the Compact.
C. When conducting a Criminal Background Check the State
Licensing Authority shall:
1. Consider that information in making a licensure decision;
2. Maintain documentation of completion of the Criminal
Background Check and background check information to the extent
allowed by State and federal law; and
3. Report to the Commission whether it has completed the
Criminal Background Check and whether the individual was granted or
denied a License.
D. A Licensee of a Participating State who has a Qualifying
License in that State and does not hold an Encumbered License in any
other Participating State, shall be issued a Compact Privilege in a
Remote State in accordance with the terms of the Compac t and
Commission Rules. If a Remote State has a Jurisprudence Requirement
a Compact Privilege will not be issued to the Licensee unless the
Licensee has satisfied the Jurisprudence Requirement.
SECTION 4: COMPACT PRIVILEGE
A. To obtain and exercise the Compact Privilege under the terms
and provisions of the Compact, the Licensee shall:
1. Have a Qualifying License as a Dentist or Dental Hygie nist
in a Participating State;
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2. Be eligible for a Compact Privilege in any Remote State in
accordance with subsections D, G and H of this section;
3. Submit to an application process whenever the Licensee is
seeking a Compact Privilege;
4. Pay any applicable Commission and Remote State fees for a
Compact Privilege in the Remote State;
5. Meet any Jurisprudence Requirement established by a Remote
State in which the Licensee is seeking a Compact Privilege;
6. Have passed a National Board Examination of the Joint
Commission on National Dental Examinations or another examination
accepted by Commission Rule;
7. For a Dentist, have graduated from a predoctoral dental
education program accredited by the Commission on Dental
Accreditation, or another accrediting agency recognized by the
United States Department of Education for the accreditation of
dentistry and dental hygiene education programs, leading to the
Doctor of Dental Surgery (D.D.S.) or Doctor of Dental Medicine
(D.M.D.) degree;
8. For a Dental Hygienist, have graduated from a dental hygiene
education program accredited by the Commission on Dental
Accreditation or another accrediting agency recognized by the United
States Department of Education for the accreditation of dentistry
and dental hygiene education programs;
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9. Have successfully completed a Clinical Assessment for
licensure;
10. Report to the Commission Adverse Action taken by any non -
Participating State when applying for a Compact Privilege and,
otherwise, within thirty (30) days from t he date the Adverse Action
is taken;
11. Report to the Commission when applying for a Compact
Privilege the address of the Licensee’s primary residence and
thereafter immediately report to the Commission any change in the
address of the Licensee ’s primary residence; and
12. Consent to accept service of process by mail at the
Licensee’s primary residence on record w ith the Commission with
respect to any action brought against the Licensee by the Commission
or a Participating State, and consent to accept se rvice of a
subpoena by mail at the Licensee ’s primary residence on record with
the Commission with respect to any action brought or investigation
conducted by the Commission or a Participating State.
B. The Licensee must comply with the requirements of subsection
A of this section to maintain the Compact Privilege in the Remote
State. If those requirements are met, the Compact Privilege will
continue as long as the Licensee maintains a Qualifying License in
the State through which the Licensee applied for the Compact
Privilege and pays any applicable Compact Privilege renewal fees.
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C. A Licensee providing dentistry or dental hygiene in a Remote
State under the Compact Privilege shall function within the Scope of
Practice authorized by the Remote State for a Dentist or Dental
Hygienist licensed in that State.
D. A Licensee providing dentistry or dental hygiene pursu ant to
a Compact Privilege in a Remote State is subject to that State ’s
regulatory authority. A Remote State may, in accordance with due
process and that State’s laws, by Adverse Action revoke or remove a
Licensee’s Compact Privilege in the Remote State f or a specific
period of time and impose fines or take any other necessary actions
to protect the health and safety of its citizens. If a Remote State
imposes an Adverse Action against a Compact Privilege that limits
the Compact Privilege, that Adverse Act ion applies to all Compact
Privileges in all Remote States. A Licensee whose Compact Privilege
in a Remote State is removed for a specified pe riod of time is not
eligible for a Compact Privilege in any other Remote State until the
specific time for remova l of the Compact Privilege has passed and
all encumbrance requirements are satisfied.
E. If a License in a Participating State is an Encumbered
License, the Licensee shall lose the Compact Privilege in a Remote
State and shall not be eligible for a Compac t Privilege in any
Remote State until the License is no longer encumbered.
F. Once an Encumbered License in a Participating State is
restored to good standing, the Licensee must meet the requirements
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of subsection A of this section to obtain a Compact Pri vilege in a
Remote State.
G. If a Licensee’s Compact Privilege in a Remote State is
removed by the Remote State, the individual shall lose or be
ineligible for the Compact Privilege in any Remote State until the
following occur:
1. The specific period of time for which the Compact Privilege
was removed has ended; and
2. All conditions for removal of the Compact Privilege have
been satisfied.
H. Once the requirements of subsection G of this section have
been met, the Licensee must meet the requirements i n subsection A of
this section to obtain a Compact Privilege in a Remote State.
SECTION 5: ACTIVE MILITARY MEMBER OR THEIR SPOUSES
An Active Military Member and their spouse shall not be required
to pay to the Commission for a Compact Privilege the fee ot herwise
charged by the Commission. If a Remote State chooses to charge a
fee for a Compact Privilege, it may choose to charge a reduced fee
or no fee to an Active Military Member and their spouse for a
Compact Privilege.
SECTION 6: ADVERSE ACTIONS
A. A Participating State in which a Licensee is licensed shall
have exclusive authority to impose Adverse Action against the
Qualifying License issued by that Participating State.
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B. A Participating State may take Adverse Action based on the
Significant Investigative Information of a Remote State, so long as
the Participating State follows its own procedures for imposing
Adverse Action.
C. Nothing in this Compact shall override a Participating
State’s decision that participation in an Alternative Program may b e
used in lieu of Adverse Action and that such participation shall
remain non-public if required by the Participating State ’s laws.
Participating States must require Licensees who enter any
Alternative Program in lieu of discipline to agree not to practic e
pursuant to a Compact Privilege in any other Participating State
during the term of the Alternative Program without prior
authorization from such other Participating State.
D. Any Participating State in which a Licensee is applying to
practice or is practicing pursuant to a Compact Privilege may
investigate actual or alleged violations of the statutes and
regulations authorizing the practice of dentistry or dental hygiene
in any other Participating State in which the Dentist or Dental
Hygienist holds a License or Compact Privilege.
E. A Remote State shall have the authority to:
1. Take Adverse Actions as set forth in Section 4.D against a
Licensee’s Compact Privilege in the State;
2. In furtherance of its rights and responsibilities under the
Compact and the Commission’s Rules, issue subpoenas for both
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hearings and investigations that require the attendance and
testimony of witnesses, and the production of evidence. Subpoenas
issued by a State Licensing Authority in a Participating State for
the attendance and testimony of witnesses, or the production of
evidence from another Participating State, shall be enforced in the
latter State by any c ourt of competent jurisdiction, according to
the practice and procedure of that court applicable to subpoenas
issued in proceedings pending before it. The issuing authority
shall pay any witness fees, travel expenses, mileage, and other fees
required by the service statutes of the State where the witnesses or
evidence are located; and
3. If otherwise permitted by S tate law, recover from the
Licensee the costs of investigations and disposition of cases
resulting from any Adverse Action taken against that L icensee.
F. Joint Investigations .
1. In addition to the authority granted to a Participating
State by its Dentist or Dental Hygienist licensure act or other
applicable State law, a Participating State may jointly investigate
Licensees with other Participating States.
2. Participating States shall share any Significant
Investigative Information, litigation, or comp liance materials in
furtherance of any joint or individual investigation initiated under
the Compact.
G. Authority to Continue Investigation .
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1. After a Licensee’s Compact Privilege in a Remote State is
terminated, the Remote State may continue an invest igation of the
Licensee that began when the Licensee had a Compact Privilege in
that Remote State.
2. If the investigation yields what would be Significant
Investigative Information had the Licensee continued to have a
Compact Privilege in that Remote Sta te, the Remote State shall
report the presence of such information to the Data System as
required by Section 8.B.6 as if it was Significant Inv estigative
Information.
SECTION 7: ESTABLISHMENT AND OPERATION OF THE COMMISSION
A. The Compact Participating S tates hereby create and establish
a joint government agency whose membership consists of all
Participating States that have enacted the Compact. The Commission
is an instrumentality of the Participating States acting jointly and
not an instrumentality of any one State. The Commission shall come
into existence on or after the effective date of the Compact as set
forth in Section 11.A.
B. Participation, Voting, and Meetings .
1. Each Participating State shall have and be limited to one
(1) Commissioner sel ected by that Participating State ’s State
Licensing Authority or, if the State has more than one State
Licensing Authority, selected collectively by the State Licensing
Authorities.
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2. The Commissioner shall be a member or designee of such
Authority or Authorities.
3. The Commission may by Rule or bylaw establish a term of
office for Commissioners and may by Rule or bylaw establish term
limits.
4. The Commission may recommend to a State Licensing Authority
or Authorities, as applicable, removal or suspen sion of an
individual as the State ’s Commissioner.
5. A Participating State ’s State Licensing Authority, or
Authorities, as applicable, shall fill any vacancy of its
Commissioner on the Commission within sixty (60) days of the
vacancy.
6. Each Commissioner shall be entitled to one vote on all
matters that are voted upon by the Commission.
7. The Commission shall meet at least once during each calendar
year. Additional meetings may be held as set forth in the bylaws.
The Commission may meet by telecommu nication, video conference or
other similar electronic means.
C. The Commission shall have the following powers:
1. Establish the fiscal year of the Commission;
2. Establish a code of conduct and conflict of interest
policies;
3. Adopt Rules and bylaws ;
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4. Maintain its financial records in accordance with the
bylaws;
5. Meet and take such actions as are consistent with the
provisions of this Compact, the Commission ’s Rules, and the bylaws;
6. Initiate and conclude legal proceedings or actions in the
name of the Commission, provided that the standing of any State
Licensing Authority to sue or be sued under applicable law shall not
be affected;
7. Maintain and certify records and information provided to a
Participating State as the authenticated busine ss records of the
Commission, and designate a person to do so on the Commission ’s
behalf;
8. Purchase and maintain insurance and bonds;
9. Borrow, accept, or contract for services of personnel,
including, but not limited to, employees of a Participating State;
10. Conduct an annual financial review;
11. Hire employees, elect or appoint officers, fix
compensation, define duties, grant such individuals appropriate
authority to carry out the purposes of the Compact, and establish
the Commission’s personnel policies and programs relating to
conflicts of interest, qualifications of personnel, and other
related personnel matters;
12. As set forth in the Commission Rules, charge a fee to a
Licensee for the grant of a Compact Privilege in a Remote State and
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thereafter, as may be established by Commission Rule, charge the
Licensee a Compact Privilege renewal fee for each renewal period in
which that Licensee exercises or intends to exercise the Compact
Privilege in that Remote State. Nothing herein shall be cons trued
to prevent a Remote State from charging a Licensee a fee for a
Compact Privilege or renewals of a Compact Privilege, or a fee for
the Jurisprudence Requirement if the Remote State imposes such a
requirement for the grant of a Compact Privilege;
13. Accept any and all appropriate gifts, donations, grants of
money, other sources of revenue, equipment, supplies, materials, and
services, and receive, utilize, and dispose of the same; provided
that at all times the Commission shall avoid any appearance of
impropriety and/or conflict of interest;
14. Lease, purchase, retain, own, hold, improve, or use any
property, real, personal, or mixed, or a ny undivided interest
therein;
15. Sell, convey, mortgage, pledge, lease, exchange, abandon,
or otherwise dispose of any property real, personal, or mixed;
16. Establish a budget and make expenditures;
17. Borrow money;
18. Appoint committees, including standing committees, which
may be composed of members, State regulators, State legislators or
their representatives, and consumer representatives, and such other
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interested persons as may be designated in this Compact and the
bylaws;
19. Provide and receive information from, and cooperate with,
law enforcement agencies;
20. Elect a Chair, Vice Chair, Secretary an d Treasurer and such
other officers of the Commission as provided in the Commission ’s
bylaws;
21. Establish and elect an Executive Board;
22. Adopt and provide to the Participating States an annual
report;
23. Determine whether a State ’s enacted compact is materially
different from the Model Compact language such that the State would
not qualify for participation in the Compact; and
24. Perform such other functions as may be necessary or
appropriate to achieve the purposes of this Compact.
D. Meetings of the Commission.
1. All meetings of the Commission that are not closed pursuant
to this subsection shall be open to the public. Notice of public
meetings shall be posted on the Commission ’s website at least thirty
(30) days prior to the public meeting.
2. Notwithstanding subsection D.1 of this section, the
Commission may convene an emergency public meeting by providing at
least twenty-four (24) hours’ prior notice on the Commission ’s
website, and any other means as provided in the Commission ’s Rules,
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for any of the reasons it may dispense with notice of proposed
rulemaking under Section 9.L. The Commission’s legal counsel shall
certify that one of the reasons justifying an emergency public
meeting has been met.
3. Notice of all Commission meetings sha ll provide the time,
date, and location of the meeting, and if the meeting is to be held
or accessible via telecommunication, video conference, or other
electronic means, the notice shall include the mechanism for access
to the meeting through such means.
4. The Commission may convene in a closed, non -public meeting
for the Commission to receive legal advice or to discuss:
a. non-compliance of a Participating State with its
obligations under the Compact ,
b. the employment, compensation, discipline or other
matters, practices or procedures related to specific
employees or other matters related to the Commission ’s
internal personnel practices and p rocedures,
c. current or threatened discipline of a Licensee or
Compact Privilege holder by the Commission or by a
Participating State’s Licensing Authority ,
d. current, threatened, or reasonably anticipated
litigation,
e. negotiation of contracts for the purchase, lease, or
sale of goods, services, or real estate ,
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f. accusing any person of a crime or formally censur ing
any person,
g. trade secrets or commercial or financial information
that is privileged or confidential ,
h. information of a personal nature where disclosure
would constitute a clearly unwarranted invasion of
personal privacy,
i. investigative records c ompiled for law enforcement
purposes,
j. information related to any investigative reports
prepared by or on behalf of or for use of the
Commission or other committee charged with
responsibility of investigation or determination of
compliance issues pursuan t to the Compact,
k. legal advice,
l. matters specifically exempted from disclosure to the
public by federal or Participating State law , and
m. other matters as promulgated by the Commission by
Rule.
5. If a meeting, or portion of a meeting, is closed, th e
presiding officer shall state that the meeting will be closed and
reference each relevant exempting provision, and such reference
shall be recorded in the minutes.
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6. The Commission shall keep minutes that fully and clearly
describe all matters discusse d in a meeting and shall provide a full
and accurate summary of actions taken, and the reasons therefore,
including a description of the views expressed. All documents
considered in connection with an action shall be identified in such
minutes. All minutes and documents of a closed meeting shall remain
under seal, subject to release only by a majority vote of the
Commission or order of a court of competent jurisdiction.
E. Financing of the Commission .
1. The Commission shall pay, or provide for the paym ent of, the
reasonable expenses of its establishment, organization, and ongoing
activities.
2. The Commission may accept any and all appropria te sources of
revenue, donations, and grants of money, equipment, supplies,
materials, and services.
3. The Commission may levy on and collect an annual assessment
from each Participating State and impose fees on Licensees of
Participating States when a Compact Privilege is granted, to cover
the cost of the operations and activities of the Commission and its
staff, which must be in a total amount sufficient to cover its
annual budget as approved each fiscal year for which sufficient
revenue is not provided by other sources. The aggregate annual
assessment amount for Participating States shall be allocated based
upon a formula that the Commission shall promulgate by Rule.
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4. The Commission shall not incur obligations of any kind prior
to securing the funds adequate to meet the same; nor shall the
Commission pledge the credit of any Participating State, except by
and with the authority of the Participating State.
5. The Commission shall keep accurate accounts of all receipts
and disbursements. The receipts and disbursements of the Commission
shall be subject to the financial review and accounting procedures
established under its bylaws. All receipts and disbursements of
funds handled by the Commission shall be subject to an annual
financial review by a certified or licensed public accountant, and
the report of the financial review shall be included in and become
part of the annual report of the Commission.
F. The Executive Board.
1. The Executive Board shall have the power to act on behalf of
the Commission according to the terms of this Compact. The powers,
duties, and responsibilities of the Executive Board shall include:
a. overseeing the day-to-day activities of the
administration of the Compact including compliance
with the provisions of the Compact, the Commission ’s
Rules and bylaws,
b. recommending to the Commission changes to the Rules or
bylaws, changes to this Compact legislation, fees
charged to Compact Participating States, fees charged
to Licensees, and other fees ,
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c. ensuring Compact administ ration services are
appropriately provided, including by contract ,
d. preparing and recommending the budget ,
e. maintaining financial records on behalf of the
Commission,
f. monitoring Compact compliance of Participating States
and providing compliance reports to the Commission ,
g. establishing additional committees as necessary ,
h. exercising the powers and duties o f the Commission
during the interim between Commission meetings, except
for adopting or amending Rules, adopting or amending
bylaws, and exercising any other powers and duties
expressly reserved to the Commission by Rule or bylaw ,
and
i. other duties as provided in the Rules or bylaws of the
Commission.
2. The Executive Board shall be composed of up to seven (7)
members:
a. the Chair, Vice Chair, Secretary and Treasurer of the
Commission and any other members of the Commission who
serve on the Executive Bo ard shall be voting members
of the Executive Board , and
b. other than the Chair, Vice Chair, Secretary, and
Treasurer, the Commission may elect up to three (3)
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voting members from the current membership of the
Commission.
3. The Commission may remove any member of the Executive Board
as provided in the Commission ’s bylaws.
4. The Executive Board shall meet at least annually.
a. An Executive Board meeting at which it takes or
intends to take formal action on a matter shall be
open to the public, except tha t the Executive Board
may meet in a closed, non -public session of a public
meeting when dealing with any of the matters covered
under subsection D.4 of this section.
b. The Executive Board shall give five (5) business days ’
notice of its public meetings, p osted on its website
and as it may otherwise determine to provide notice to
persons with an interest in the public matters the
Executive Board intends to address at those meetings.
5. The Executive Board may hold an emergency meeting when
acting for the Commission to:
a. meet an imminent threat to public health, safety, or
welfare,
b. prevent a loss of Commission or Participating State
funds, or
c. protect public health and safety.
G. Qualified Immunity, Defense, and Indemnification .
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1. The members, officers, executive director, employees and
representatives of the Commission shall be immune from suit and
liability, both personally and in their official capacity, for any
claim for damage to or loss of property or personal injury or other
civil liability caused by or arising out of any actual or alleged
act, error, or omission that occurred, or that the person against
whom the claim is made had a reasonable basis for believing occurred
within the scope of Commission employment, duties or
responsibilities; provided that nothing in this paragraph shall be
construed to protect any such person from suit or liability for any
damage, loss, injury, or liability caused by the intentional or
willful or wanton misconduct of that person. The procurement of
insurance of any type by the Commission shall not in any way
compromise or limit the immunity granted hereunder.
2. The Commission shall defend any membe r, officer, executive
director, employee, and representative of the Commission in any
civil action seeking to imp ose liability arising out of any actual
or alleged act, error, or omission that occurred within the scope of
Commission employment, duties, or responsibilities, or as determined
by the Commission that the person against whom the claim is made had
a reasonable basis for believing occurred within the scope of
Commission employment, duties, or responsibilities; provided that
nothing herein shall be construed to prohibit that person from
retaining their own counsel at their own expense; and provided
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further, that the actual or alleged act, error, or omission did not
result from that person ’s intentional or willful or wanton
misconduct.
3. Notwithstanding subsection G.1 of this section, should any
member, officer, executive director, employee, or representative of
the Commission be held liable for the amount of any settlement or
judgment arising out of any actual or alleged act, error, or
omission that occurred within the scope of that individual ’s
employment, duties, or responsibilities for the Commission, or th at
the person to whom that individual is liable had a reasonable basis
for believing occurred within the scope of the individual ’s
employment, duties, or responsibilities for the Commission, the
Commission shall indemnify and hold harmless such individual,
provided that the actual or alleged act, error, or omission did not
result from the intentional or willful or wanton misconduct of the
individual.
4. Nothing herein shall be construed as a limitation on the
liability of any Licensee for professional malpractice or
misconduct, which shall be governed solely by any other applicable
State laws.
5. Nothing in this Compact shall be interpreted to waive or
otherwise abrogate a Participating State ’s state action immunity or
state action affirmative defense with respect to antitrust claims
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under the Sherman Act, Clayton Act, or any other State or federal
antitrust or anticompetitive law or regulation.
6. Nothing in this Compact shall be construed to be a waiver of
sovereign immunity by the Participating States o r by the Commission.
SECTION 8: DATA SYSTEM
A. The Commission shall provide for the development,
maintenance, operation, and utilization of a coordinated database
and reporting system containing licensure, Adverse Action, and the
presence of Significant Investigative Information on all Licensees
and applicants for a License in Participating States.
B. Notwithstanding any other provision of Sta te law to the
contrary, a Participating State shall submit a uniform data set to
the Data System on all individua ls to whom this Compact is
applicable as required by the Rules of the Commission, including:
1. Identifying information;
2. Licensure data;
3. Adverse Actions against a Licensee, License applicant or
Compact Privilege and information related thereto;
4. Non-confidential information related to Alternative Program
participation, the beginning and ending dates of such participation,
and other information related to such participation;
5. Any denial of an application for licensure, and the
reason(s) for such denial (excluding the reporting of any criminal
history record information where prohibited by law);
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6. The presence of Significant Investigative Information; and
7. Other information that may facilitate the administration of
this Compact or the prote ction of the public, as determined by the
Rules of the Commission.
C. The records and information provided to a Participating
State pursuant to this Compact or through the Data System, when
certified by the Commission or an agent thereof, shall constitute
the authenticated business records of the Commission, and shall be
entitled to any associated hearsay exception in any relevant
judicial, quasi-judicial or administrative proceedings in a
Participating State.
D. Significant Investigative Information pert aining to a
Licensee in any Participating State will only be available to other
Participating States.
E. It is the responsibility of the Parti cipating States to
monitor the database to determine whether Adverse Action has been
taken against a Licensee or License applicant. Adverse Action
information pertaining to a Licensee or License applicant in any
Participating State will be available to any other Participating
State.
F. Participating States contributing information to the Data
System may designate i nformation that may not be shared with the
public without the express permission of the contributing State.
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G. Any information submitted to th e Data System that is
subsequently expunged pursuant to federal law or the laws of the
Participating State contri buting the information shall be removed
from the Data System.
SECTION 9: RULEMAKING
A. The Commission shall promulgate reasonable Rules in order to
effectively and efficiently implement and administer the purposes
and provisions of the Compact. A Commission Rule shall be invalid
and have no force or effect only if a court of competent
jurisdiction holds that the Rule is invalid because the Com mission
exercised its rulemaking authority in a manner that is beyond the
scope and purposes of the Compact, or t he powers granted hereunder,
or based upon another applicable standard of review.
B. The Rules of the Commission shall have the force of law in
each Participating State ; provided, however, that where the Rules of
the Commission conflict with the laws of t he Participating State
that establish the Participating State ’s Scope of Practice as held
by a court of competent jurisdiction, the Rules of th e Commission
shall be ineffective in that State to the extent of the conflict.
C. The Commission shall exercise its Rulemaking powers pursuant
to the criteria set forth in this section and the Rules adopted
thereunder. Rules shall become binding as of the date specified by
the Commission for each Rule.
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D. If a majority of the legislatures of the Participating
States rejects a Commission Rule or portion of a Commission Rule, by
enactment of a statute or resolution in the same manner used to
adopt the Compact, within four (4) years of the date of adoption of
the Rule, then such Rule shall have no further force and ef fect in
any Participating State or to any State applying to participate in
the Compact.
E. Rules shall be adopted at a regular or special meeting of
the Commission.
F. Prior to adoption of a proposed Rule, the Commission shall
hold a public hearing and a llow persons to provide oral and written
comments, data, facts, opinions, and arguments.
G. Prior to adoption of a proposed Rule by the Commis sion, and
at least thirty (30) days in advance of the meeting at which the
Commission will hold a public hearing on the proposed Rule, the
Commission shall provide a Notice of Proposed Rulemaking:
1. On the website of the Commission or other publicly
accessible platform;
2. To persons who have requested notice of the Commission ’s
notices of proposed rulemaking ; and
3. In such other way(s) as the Commission may by Rule specify.
H. The Notice of Proposed Rulemaking shall include:
1. The time, date, and l ocation of the public hearing at which
the Commission will hear public comments on the proposed Rule and,
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if different, the time, date, and location of the meeting where the
Commission will consider and vote on the proposed Rule;
2. If the hearing is held via telecommunication, video
conference, or other electronic means, the Commission shall include
the mechanism for access to the hearing in the Notice of Proposed
Rulemaking;
3. The text of the proposed Rule and the reason therefor;
4. A request for comments on the proposed Rule from any
interested person; and
5. The manner in which interested persons may submit written
comments.
I. All hearings will be recorded. A copy of the recording and
all written comments and documents received by the Commission in
response to the proposed Rule shall be available to the public.
J. Nothing in this section shall be construe d as requiring a
separate hearing on each Commission Rule. Rules may be grouped for
the convenience of the Commission at hearings required by this
section.
K. The Commission shall, by majority vote of all Commissioners,
take final action on the proposed Rule based on the rulemaking
record.
1. The Commission may adopt changes to the proposed Rule
provided the changes do not enlarge the original purpose of the
proposed Rule.
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2. The Commission shall provide an explanation of the reasons
for substantive changes made to the proposed Rule as well as reasons
for substantive changes not made that were recommended by
commenters.
3. The Commission shall determine a reasonable effective date
for the Rule. Except for an emergency as provided in subsection L
of this section, the effective date of the Rule shall be no sooner
than thirty (30) days after the Commission issuing the notice that
it adopted or amended the Rule.
L. Upon determination that an emergency exists, the Commission
may consider and adopt an emerge ncy Rule with twenty-four (24)
hours’ notice, with opportunity to comment, provided that the usual
rulemaking procedures provided in the Compac t and in this section
shall be retroactively applied to the Rule as soon as reasonably
possible, in no event late r than ninety (90) days after the
effective date of the Rule. For the purposes of this provision, an
emergency Rule is one that must be adopted immediately in order to:
1. Meet an imminent threat to public health, safety, or
welfare;
2. Prevent a loss of Commission or Participating State funds;
3. Meet a deadline for the promulgation of a Rule that is
established by federal law or rule; or
4. Protect public health and safety.
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M. The Commission or an authorized committee of the Commission
may direct revisions to a previously adopted Rule for purposes of
correcting typographical errors, errors in format, errors in
consistency, or grammatical errors. Public notice of any revisions
shall be posted on the website of the Commission. The revision
shall be subject to challenge by any person for a period of thirty
(30) days after posting. The revision may be challenged only on
grounds that the revi sion results in a material change to a Rule. A
challenge shall be made in writing and delivered to the Commissio n
prior to the end of the notice period. If no challenge is made, the
revision will take effect without further action. If the revision
is challenged, the revision may not take effect without the approval
of the Commission.
N. No Participating State ’s rulemaking requirements shall apply
under this Compact.
SECTION 10: OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
A. Oversight.
1. The executive and judicial branches of State government in
each Participating State shall enforce this Compact and take al l
actions necessary and appropriate to implement the Compact.
2. Venue is proper and judicial proceedings by or against the
Commission shall be brought solely and exclusively in a court of
competent jurisdiction where the principal office of the Commissio n
is located. The Commission may waive venue and jurisdictional
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defenses to the extent it adopts or consents to participate in
alternative dispute resolution proceedings. Nothing herein shall
affect or limit the selection or propriety of venue in any act ion
against a Licensee for professional malpractice, misconduct or any
such similar matter.
3. The Commission shall be entitled to receive service of
process in any proceeding regarding the enforcement or
interpretation of the Compact or Commission Rule a nd shall have
standing to intervene in such a proceeding for all purposes.
Failure to provide the Commission service of process shall render a
judgment or order void as to the Commission, this Compact, or
promulgated Rules.
B. Default, Technical Assistan ce, and Termination.
1. If the Commission determines that a Participating State has
defaulted in the performance of its obligations or responsibilities
under this Compact or the promulgated Rules, the Commission shall
provide written notice to the default ing State. The notice of
default shall describe the default, the proposed means of curing the
default, and any other action that the Commissio n may take, and
shall offer training and specific technical assistance regarding the
default.
2. The Commission shall provide a copy of the notice of default
to the other Participating States.
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C. If a State in default fails to cure the default, the
defaulting State may be terminated from the Compact upon an
affirmative vote of a majority of the Commissioners, and a ll rights,
privileges and benefits conferred on that State by this Compact may
be terminated 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 defau lt.
D. Termination of participation in the Compact shall be imposed
only after all other means of securing compliance have been
exhausted. Notice of intent to suspend or terminate shall be given
by the Commission to the governor, the majority and minorit y leaders
of the defaulting State ’s legislature, the defaulting State ’s State
Licensing Authority or Authorities, as applicable, and each of th e
Participating States ’ State Licensing Authority or Authorities, as
applicable.
E. A State that has been termin ated is responsible for all
assessments, obligations, and liabilities incurred through the
effective date of termination, including obligations that extend
beyond the effective date of termination.
F. Upon the termination of a State ’s participation in thi s
Compact, that State shall immediately provide notice to all
Licensees of the State, including Licensees of other Participating
States issued a Compact Privilege to practice within that State, of
such termination. The terminated State shall continue to r ecognize
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all Compact Privileges then in effect in that State for a minimum of
one hundred eighty (180) days after the date of said notice of
termination.
G. The Commission shall not bear any costs related to a State
that is found to be in default or that has been terminated from the
Compact, unless agreed upon in writing between the Commission and
the defaulting State.
H. The defaulting State m ay appeal the action of the Commission
by petitioning the U.S. District Court for the District of Columbia
or the federal district where the Commission has its principal
offices. The prevailing party shall be awarded all costs of such
litigation, including reasonable attorney ’s fees.
I. Dispute Resolution.
1. Upon request by a Participating State, the Commission s hall
attempt to resolve disputes related to the Compact that arise among
Participating States and between Participating States and non -
Participating States.
2. The Commission shall promulgate a Rule providing for both
mediation and binding dispute resolut ion for disputes as
appropriate.
J. Enforcement.
1. The Commission, in the reasonable exercise of its
discretion, shall enforce the provisions of this Compact and the
Commission’s Rules.
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2. By majority vote, the Commission may initiate legal action
against a Participating State in default in the United States
District Court for the District of Columbia or the federal district
where the Commission has its principal offices to enforce compliance
with the provisions of the Compact and its promulgated Rules. The
relief sought may include both injunctive relief and damages. In
the event judicial enforcement is necessary, the prevailing party
shall be awarded all costs of such litigation, including reasonable
attorney’s fees. The remedies herein shall not be the exclusive
remedies of the Commission. The Commission may pursue any other
remedies available under federal or the defaulting Participatin g
State’s law.
3. A Participating State may initiate legal action against the
Commission in the U.S. District Co urt for the District of Columbia
or the federal district where the Commission has its principal
offices to enforce compliance with the provisions of the Compact and
its promulgated Rules. The relief sought may include both
injunctive relief and damages. In the event judicial enforcement is
necessary, the prevailing party shall be awarded all costs of such
litigation, including reasonable attorn ey’s fees.
4. No individual or entity other than a Participating State may
enforce this Compact against the Comm ission.
SECTION 11: EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT
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A. The Compact shall come into effect on the date on which the
Compact statute is enacted into law in the seventh Participating
State.
1. On or after the effective date of the Compact, the
Commission shall convene and review the enactment of each of the
States that enacted the Compact prior to the Commission convening
(“Charter Participating States”) to determine if the statute enacted
by each such Charter Participating State is materially dif ferent
than the Model Compact.
a. A Charter Participating State whose enactment is found
to be materially different from the Model Compact
shall be entitled to the default process set forth in
Section 10.
b. If any Participating State is later found to be in
default, or is terminated or withdraws from the
Compact, the Commission shall remain in existence and
the Compact shall remain in effect eve n if the number
of Participating States should be less than seven (7).
2. Participating States enacting the Comp act subsequent to the
Charter Participating States shall be subject to the process set
forth in Section 7.C.23 to determine if their enactments are
materially different from the Model Compact and whether they qualify
for participation in the Compact.
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3. All actions taken for the benefit of the Commission or in
furtherance of the purposes of the administration of the Compact
prior to the effectiv e date of the Compact or the Commission coming
into existence shall be considered to be actions of the Commission
unless specifically repudiated by the Commission.
4. Any State that joins the Compact subsequent to the
Commission’s initial adoption of the Rules and bylaws shall be
subject to the Commission ’s Rules and bylaws as they exist on the
date on which the Com pact becomes law in that State. Any Rule that
has been previously adopted by the Commission shall have the full
force and effect of law on the day the Compact becomes law in that
State.
B. Any Participating State may withdraw from this Compact by
enacting a statute repealing that State ’s enactment of the Compact.
1. A Participating State ’s withdrawal shall not take effect
until one hundred eighty (180) days after enactment of the repealing
statute.
2. Withdrawal shall not affect the continuing requireme nt of
the withdrawing State ’s Licensing Authority or Authorities to comply
with the investigative and Adverse Action reporting requirements of
this Compact prior to the effective date of withdrawal.
3. Upon the enactment of a statute withdrawing from this
Compact, the State shall immediately provide notice of such
withdrawal to all Licensees within that State. Notwithstanding any
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subsequent statutory enactment to the contrary, such withdrawing
State shall continue to recognize all Compact Privileges to pr actice
within that State granted pursuant to this Compact for a minimum of
one hundred eighty (180) days after the date of such notice of
withdrawal.
C. Nothing contained in this Compact shall be construed to
invalidate or prevent any licensure agreement or other cooperative
arrangement between a Participating State and a non -Participating
State that does not conflict with the provisions of this Compact.
D. This Compact may be amended by the Participating States. No
amendment to this Compact shall become effective and binding upon
any Participating State until it is enacted into the laws of all
Participating States.
SECTION 12: CONSTRUCTION AND SEVERABILITY
A. This Compact and the Commission ’s rulemaking authority shall
be liberally construed so as to e ffectuate the purposes and the
implementation and administration of the Compact. Provisions of the
Compact expressly authorizing or requiring the promulgation of Rules
shall not be construed to limit the Commission ’s rulemaking
authority solely for those purposes.
B. The provisions of this Compact shall be severable and if any
phrase, clause, sentence or provision of this Compact is held by a
court of competent jurisdiction to be contrary to the constitution
of any Participating State, a State seeking par ticipation in the
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Compact, or of the United States, or the applicability thereof to
any government, agency, person or circumstance is held to be
unconstitutional by a court of competent jurisdiction, the validity
of the remainder of this Compact and the ap plicability thereof to
any other government, agency, person or circumstance shall not be
affected thereby.
C. Notwithstanding subsection B of this section, the Commission
may deny a State’s participation in the Compact or, in accordance
with the requirements of Section 10.B, terminate a Participating
State’s participation in the Compact, if it determines that a
constitutional requirement of a Participating State is a material
departure from the Compact. Otherwise, if this Compact shall be
held to be contrary to the constitution of any Participating State,
the Compact shall remain in full force and effect as to the
remaining Participating States and in full force and effect as to
the Participating State affected as to all severable matters.
SECTION 13: CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE
LAWS
A. Nothing herein shall prevent or inhibit the enforcement of
any other law of a Participating State that is not inconsistent with
the Compact.
B. Any laws, statutes, regulations, or other legal requireme nts
in a Participating State in conflict with the Compact are superseded
to the extent of the conflict.
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C. All permissible agreements between the Commission and the
Participating States are binding in accordance with their terms.
SECTION 3. This act shall become effective November 1, 2025.
COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES
February 24, 2025 - DO PASS