Req. No. 1200 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 60th Legislature (2025) SENATE BILL 765 By: Gollihare AS INTRODUCED An Act relating to dentists and dental hygienists; providing purpose; defining terms; providing for Compact Commission membership; pro viding duties for Compact member states; providing the powers and duties of the Compact Commission; providing the application, eligibility, and issuance of the Compact license privilege to a practice state; specifying jurisdiction of Compact license privil ege holders; providing for fees and military waiver; providing for joint investigations and disciplinary actions; providing for request of information from nonmember states; directing rulemaking functions of the Compact Commission; providing for oversight of Compact; providing for enforcement; providing for dispute resolution; providing for withdrawal from the Compact; providing for dissolution of the Compact; providing for severability; providing for binding effect of the Compact; providing rules of order; providing for codification; and providing an effective date. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 329.1 of Titl e 59, unless there is created a duplication in numbering, reads as follows: The Interstate Dental and Dental Hygiene Compact is hereby enacted into law and the Governor shall enter into the Compact on Req. No. 1200 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 behalf of the State of Oklahoma with any jurisdiction l egally joined therein, in the form substantially as set forth in this act. SECTION 2. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 329.2 of Title 59, unless there is created a duplication in number ing, reads as follows: INTERSTATE DENTAL AND DENTAL HYGIENE COMPACT A. This Compact shall be known as the Interstate Dental and Dental Hygiene Compact. The purpose of the Compact is to expedite licensure and increase access to dental health care through state licensing agencies acting in cooperation. The Compact adopts the existing structures most utilized by state licensing agencies across the United States, while ensuring the safety of the public through the sharing of documents and information. The C ompact ensures that each state retains the right to impose an adverse action on a licensee as a home state or as a practicing state. Each state has an opportunity to share investigations and information with the home state of licensure. The Compact is ad ministered by state licensing agencies, thus allowing for each state to mainta in its sovereignty. B. The Interstate Dental and Dental Hygiene Compact: 1. Allows for expedited licensure portability and ease of movement between states; 2. Allows each stat e to continue to regulate the practice of dentistry and dental hygiene within its borders and maintain its sovereignty by allowing actions against a Compact license privilege Req. No. 1200 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 or a licensee and maintaining its existing licensure structure while allowing for Compact licensure privileges; 3. Creates a common goal of protecting the pub lic by ensuring a uniform licensure standard and the sharing of information in the Compact; 4. Allows for licensure in every participating state by passing a uniform licensure e xamination that tests psychomotor and cognitive dental skills exam that is currently accepted in fifty state licensing jurisdictions and United States territories; 5. Gives licensees one location to maintain professional documentation to expedite Compact license privileges in member states; 6. Facilitates a faster licensure proces s for relocation or separation of military members and their dependent spouses. There are no Compact fees for military members or their spouses; 7. Alleviates a duplicative pro cess for licensure among multiple states; 8. Saves applicants money by not having to obtain duplicate documents from a source that charges for the documents; and 9. Utilizes existing infrastructure of the American Association of Dental Boards, which has been in existence for over one hundred (100) years representing dental licensi ng agencies. Req. No. 1200 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 3. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 329.3 of Title 59, unless there is created a duplication in numbering, reads as follows: As used in this act: 1. “AADB” means the American Association of Dental Boards or its named successor, formerly known as the American Association of Dental Examiners (AADE), originally chartered on September 10, 1896 , and renewed in 1944, comprised of state dental licensing agencies in the United States and its territories; 2. “Active-duty military member ” means an individual in full - time active-duty status in the active uniformed service of the United States includi ng members of the National Guard and Reserve. The legal spouse of the military member must be recognized by the military unit as a dependent while the service member is on active duty. Spouses shall receive the same privileges as military members for the purpose of this Compact; 3. “Active investigation ” means an active investiga tion resulting in formal allegations or charges precipitating a judicial process by a licensing agency, oversight agency, or other law enforcement entity; 4. “Adverse action” means an order issued by a state licensing agency or reported to the clearinghouse pursuant to the Compact bylaws and rules. The term includes, but is not limited to, a Req. No. 1200 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 temporary emergency or substantially equivalent action, even when such order is later wi thdrawn by a licensing agency; 5. “ADEX examination” means the American Board of Dental Examiners examination; 6. “Bylaws” means the bylaws passed by the Compact Commission; 7. “Clearinghouse” means the AADB clearinghouse and databank, or its successor entity, that houses prior adverse actions, orders, and denials of licensure or permits from state licensing agencies in the United States and its territories; 8. “CODA” means the Commission on Dental Accreditation or its successor as approved by the Unite d States Department of Education; 9. “Compact” means the Interstate Dental an d Dental Hygiene Compact; 10. “Compact Commission” or “Commission” means the Interstate Dental and Dental Hygiene Compact Commission created pursuant to Section 4 of this Compac t; 11. “Compact Commission Attorneys ’ Committee” means attorneys that currently represent a state licensing agency. The Attorneys ’ Committee participates in the commission as a nonvoting member. An attorney that has previously served as an attorney for a state licensing agency may be invited on a year -to-year basis to serve on the committee if they have not engaged in an official case against a licensing agency of a Compact member state or have any other conflict of interest. The Attorneys ’ Committee may assist the Req. No. 1200 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 investigators in working through joint investigation issues between states. The Attorneys ’ Committee shall prepare a summary of legal issues directly dealing with the Compacts at the annual meeting as well as a legal update for issues affecti ng member state licensing agencies; 12. “Compact license privilege ” means the expedited dental or dental hygiene license to practice in a member state that differs from the licensee’s home state; 13. “Conviction” means an adjudication or formal judgment by a court that an individual is guilty through a plea of guilty or no contest, or a finding of guilt by the court. Evidence of a conviction of a criminal offense by the court shall be considered final for the purposes of disciplinary action by a licensin g agency; 14. “Criminal background check ” means a dentist or dental hygienist seeking Compact license privileges shall complete and provide a criminal background check, including the use of the results of fingerprint or other biometric data checks complia nt with the requirements of the Federal Bureau of Investigation, with the exception of federal employees who have suitability determination in accordance with 5 C.F.R., Section 731.202; 15. “Dental hygienist” means any person who: a. has successfully grad uated from a CODA approved dental hygiene school, Req. No. 1200 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 b. has successfully passed t he American Board of Dental Examiners (ADEX) licensure exam, or has been in practice five (5) years or more and has successfully passed a regional or equivalent state -administered psychomotor licensure examination prior to January 1, 2024, c. has successfully passed the written national dental hygiene board examination administered by the Joint Commission on National Dental Examinations, d. possesses a full and unrestricted dental hygiene license issued by a member state of the Compact, e. has never been convicted, received adjudication, deferred adjudication, community supervision, or deferred disposition for any offense by a court of appropriate jurisdiction, f. has never been a subject of discipline by a licensing agency through any adverse action, order, or other restriction of the licensee by the licensing agency with the exception of failure to pay fees or failure to complete continuing education, g. is not currently under act ive investigation by a licensing agency or law enforcement authority in any state, federal, or foreign jurisdiction, and Req. No. 1200 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 h. meets any jurisprudence requirement established by a member state licensing agency in which a licensee is seeking a Compact privileg e expedited license; 16. “Dental Practice Act” means the laws and regulations governing the practice of dentistry within a member state; 17. “Dentist” means any person who: a. has successfully graduated from a CODA approved dental school, b. has successfully passed the American Board of Dental Examiners (ADEX) licensure exam, or h as been in practice five (5) years or more and has successfully passed a regional or equivalent state -administered psychomotor licensure examination prior to January 1, 2024, c. has successfully passed the written National Denta l Board Examination administered by the Joint Commission on National Dental Examinations, d. possesses a full and unrestricted dental license issued by a member state licensing agency, e. has never been convicted, received adjudication, deferred adjudication, community supervision, o r deferred disposition for any offense by a court of appropriate jurisdiction, Req. No. 1200 Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 f. has never been a subject of discipline by a licensing agency as determined by the Compact bylaws and rules, through any adverse action, order, or other restriction of the licensee by the licensing agency with the exception of failure to pay fees or failure to complete continuing education, g. has never had a state or federal drug registration, permit, or license restricted, suspended, or revoked by the United States Drug Enfor cement Administration or any state agency that oversees controlled substance registrations, h. is not currently under active investigation by a licensing agency or law enforcemen t authority in any state, federal, or foreign jurisdiction, and i. meets any jurisprudence requirement established by a member state licensing agency in which a licensee is seeking a Compact privilege expedited license; 18. “Home state” means the state of primary licensure. It is the location of the practicing dentist or dental hy gienist license where Compact privileges originate and the licensee practices at least twenty-five percent (25%) of the time within a calendar year. The home state may take an a ction against a licensee regardless of where an action against a licensee occurred; Req. No. 1200 Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 19. “Licensing agency” means the agency, board, or other entity of a state that is responsible for the licensing of dentists and dental hygienists; 20. “Member state” means a state or United States territory that has enacted the Compact; 21. “Regional board examination ” means the Western Regional Dental Board Examination (WREB), the North East Regional Board of Dental Examiners (NERB), the Commission on Dental Competency Assessments (CDCA), Council of AADB Compact Testing Agencies (CITA), Southern Regional Testing Agency (SRTA), Central Regional Dental Testing Services (CRDTS); 22. “Repository” means the AADB repository, or its successor entity, of original documents of a licensee that may include original transcripts, certification documents, test scores, military training records, previous or current licensing documents, and other sources of materials needed for applications and verification. The repository shall receiv e documents from primary or originating sources and verify their authenticity; 23. “Scope of practice” means the dental-related procedures that require a license, permit, or training to undertake the treatment and procedure to be completed on a patient wi thin the practice state’s requirements; 24. “State” means a state within the United States or a United States Territory; and Req. No. 1200 Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25. “State jurisprudence” means the knowledge of the state laws and rules of dentistry and dental hygiene in which a Compact lice nse privilege is extended. SECTION 4. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 329.4 of Title 59, unless there is created a duplication in numbering, reads as follows: A. The member states her eby establish the Interstate Dental and Dental Hygiene Compact. Each state sh all enact the Compact in a form that is not materially different from the model Compact as determined by the Compact Commission. B. Each member state shall have two voting membe rs on the Interstate Dental and Dental Hygiene Compact Commission, to be appointed by the state licensing agency. Such members shall serve as commissioners and have one vote each, cumulatively making up the Compact Commission. Member states with separate licensing agencies for dentists and dental hygienists shall appoint one commi ssioner from each licensing agency. Commissioners may not delegate votes or proxies; however, if a commissioner is unable to attend, the member state may substitute a delegate t hat meets the same requirements. C. Upon five states joining the Compact, the Compact shall become active. The Compact Commission shall have the authority to enact bylaws and rules on behalf of the Compact that shall have the force of law in each partici pating state to carry out the provisions of the Compact. Req. No. 1200 Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 D. The Interstate De ntal and Dental Hygiene Compact shall be a distinct, standalone entity; separate and apart from the American Association of Dental Boards. E. The Compact Commission shall meet a t least once per calendar year and additional times as necessary pursuant to the bylaws and rules. F. The Compact Commission shall elect officers from the membership that shall serve as an Executive Committee. Elections shall occur during the annual meet ing. The quorum of commissioners shall select an Executive Committee consisti ng of a chair, vice chair, secretary, treasurer, and a representative from the north, south, east, and west districts as divided pursuant to the Compact rules. All officers shal l serve one-year terms. G. Quorum for purposes of conducting business shall be a majority of Commission members attending in person or virtually. H. The Commission shall provide notice of all meetings on its website and in other communications to members . I. A vote of two-thirds (2/3) of the membership shall be required for an executive session to discuss: 1. Items specifically related to participation in a lawsuit or in anticipation of a legal proceeding; 2. Matters specifically exempted from disclosu re by federal statute; Req. No. 1200 Page 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 3. Discussions of investigative records of an active Compact member investigation or investigative records for law enforcement or discussions involving specifically accusing a person of a crime or a public censure; 4. Discussions that would include information of a personal nature that would constitute an un warranted invasion of personal privacy; 5. Anything considered internal practices and procedures or a trade secret; 6. Other items in the Commission bylaws allowing for executi ve sessions to be called; or 7. Advice of legal counsel. J. The Commission shall keep minutes and make them available to all member states. K. The Commission may establish other committees as needed. L. The Commission shall prepare an annual report tha t shall be made available electronically to the legislatures and governors of the member states concerning the activities of the Compact Commission during the preceding calendar year. Such reports shall also include reports of financial audits and any rec ommendations that may have been adopted by the Compact Commission. SECTION 5. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 329.5 of Title 59, unless there is created a duplication in numbering, rea ds as follows: Req. No. 1200 Page 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 A. Member states agree to submit member state licensing agency actions and other documents and data as determined by the Compact Commission through bylaws and rules. B. Member states shall notify the Compact Commission pursuant to the rules regarding any adverse action taken by the licensing agency, any active investigation by the licensing agency, and any active investigation involving pending criminal charges or other circumstances as determined by the Compact Commission rules and bylaws. C. Any adverse action, order, restriction, or denial of a license or permit on a licensee or permit holder shall be reported to the Compact Commission clearinghouse by the member state licensing agency. D. Member state licensing agencies may submit nonp ublic complaints, disciplinary or investigatory information not required by subsection C of this section to the clearinghouse. All investigatory material shall be considered confidential and not part of a public record unless otherwise specifically requir ed by state statute. E. Member state licensing agencies shall accept continui ng education credits as required by each state including, but not limited to, classes authorized by AADB Accredited Continuing Education (ACE) program. Req. No. 1200 Page 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 F. Documents in the Compa ct Commission repository shall be treated by a member state as the equivalent of a primary or original source document for licensure. G. Member states agree to accept a standardized application for Compact license privileges. The standardized application shall be established by the rules enacted by the Compact Commission. H. As part of the Compact enforcement, participating member states issuing subpoenas and seeking testimony of witnesses shall be enforced in other participating member states in the Com pact and shall be enforced by a court of competent jurisdiction where the witnesses or evidence is located. SECTION 6. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 329.6 of Title 59, unless there is created a duplication in numbering, reads as follows: A. The Compact Commis sion shall have the power and duty to: 1. Oversee and maintain the administration of the Compact including the organizational needs, the financial activities, the hiring of personnel, and the ongoing activities or needs of the Compact Commission; 2. Promulgate bylaws and rules to operate the Compact; 3. Establish a budget and make expenditures; 4. Issue, upon the request of a member state licensing agency, advisory opinions co ncerning the meaning or interpretation of the Compact and its bylaws, rules, a nd actions; Req. No. 1200 Page 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 5. Enforce compliance with Compact provisions, the rules promulgated by the Compact Commission, and the bylaws using all necessary and proper means including, but no t limited to, the use of judicial process; 6. Hold an annual meeting for the Compact Commission where the elections of an Executive Committee and other issues may be discussed and voted on; 7. Establish personnel policies and programs relating to conflicts of interest, rates of compensation, and qualifications of personnel; 8. Accept donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of them in a manner consistent with the conflict -of-interest policies established by the Compact Commission; 9. As required by Section 4(L) of this Compact, report annually to the legislatures and governors of the member state licensing agencies concerning the activities of the Compact Commission during the preceding calendar year. Such reports shall also include reports of financial audi ts and any recommendations that may have been adopted by the Compact Commission; and 10. Coordinate education, training, and public awareness regarding the Compact, its implemen tation, and its operation. B. The Executive Committee shall have the power to act on behalf of the Compact Commission with the exception of rulemaking Req. No. 1200 Page 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 during periods when the Compact Commission is not in session. When acting on behalf of the Compact Comm ission, the Executive Committee shall oversee the administration of the Compac t including enforcement and compliance of the Compact. C. The officers and employees of the Compact Commission shall be immune from suit and liability, either personally or in t heir official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of, or relating to, an actual or alleged act, error, or omission that occurred, or that such person had a reasonable bas is for believing occurred, within the scope of Compact Commission employment, duties, or responsibilities; provided, such person shall not be protected from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and w anton misconduct of such person. D. The liability of the executive director and employees of the Compact Commission or representatives of the Compact Commission, acting within the scope of such person ’s employment or duties for acts, errors, or omissions occurring within such person ’s state may not exceed the limits of liability se t forth under the constitution and laws of that state for state officials, employees, and agents. The Compact Commission is considered to be an instrumentality of the states for the purposes of any such action. Nothing in this subsection shall be construed to protect such person from suit or Req. No. 1200 Page 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person. E. The Compact Commission shall defend the executive director, its employees, and, subject t o the approval of the attorney general or other appropriate legal counsel of the member state represented by a Compact Commission representative, shall defend such Compact Commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error, or omission that occurred within the scope of Compact Commission employment, duties, or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Compact Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of su ch person. F. To the extent not covered by the laws of any state involved, a member state, the Compact Commission, or the representatives or employees of the Compact Commission shall be held harmless in the amount of a settlement or judgment, including at torney fees and costs, obtained against such persons arising out of an actual or alleged act, error, or omission that occurred within the scope of Compact Commission employment, duties, or responsibilities, or that such persons had a reasonable basis for b elieving occurred within the scope of Compact Commission employment, duties, or Req. No. 1200 Page 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such persons. SECTION 7. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 329.7 of Title 59, unless there is created a duplication in numbering, reads as follows: A. A dentist or dental hygienist applying for Compact l icense privileges shall meet the requirements established in applicable definitions listed Section 3 of this Compact and hold a current valid license in a member state under this Compact. B. Notwithstanding any provision of this Compact or state law to the contrary, each member state agrees to issue an expedited state license within ten (10) days of a completed application pursuant to 50 U.S.C., Section 4025(a) to an active duty military member or spouse. C. Each dentist or dental hygienist shall designat e a home state of licensure. The home state shall be determined by: 1. The state of primary residence for the dentist or dental hygienist where twenty -five percent (25%) of his or her practice within one (1) year occurs. An active -duty military member o r his or her spouse may choose a home state as designated with the military but are not required to meet the twenty -five percent (25%) practice within the home state requirement; or Req. No. 1200 Page 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2. If no state qualifies under paragraph 1 of this subsection, then the state where the dentist or dental hygienist filed the previous year federal tax return. D. A dentist or dental hygienist may redesignate a home state one time in a calendar year, if the qualifications of a home state are met. E. A dentist or dental hygien ist seeking a Compact license privilege shall apply to his or her home state f or a letter stating that he or she is eligible for Compact license privileges. F. The home state shall determine the eligibility of the applicant and shall issue a letter of app roval or denial for the Compact license privilege. G. The letter shall be submitted to the proposed Compact license state along with: 1. The completed Compact application packet; 2. Authorization to seek access to the licensee ’s repository documents; 3. Any additional information as may be required by the proposed Compact licens e state; and 4. Any required fees. H. Upon approval from the home state, the Compact license state shall issue a state Compact license privilege from the proposed application state to the applicant. Req. No. 1200 Page 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 I. Appeals on determination of eligibility shall be made to the home state where the applicant was seeking privileges under a state Compact license privilege and shall be subject to the law of that state. J. A person holding a Comp act license privilege shall notify the Compact Commission within ten (10) busi ness days of any adverse action taken against a license held in a non -Compact state. K. A Compact license privilege may be revoked, suspended, or limited by the issuing state li censing agency if at any time the licensee’s home state license is revoked, suspended, or limited. L. The Compact Commission is authorized to develop rules regarding the application and renewal process including payment of any application fees, and the is suance of a Compact license privilege. M. Eligibility or ineligibility to rec eive a state Compact license privilege shall not impact or prohibit an individual from the ability to seek a state license through the regular process outside of the Compact. SECTION 8. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 329.8 of Title 59, unless there is created a duplication in numbering, reads as follows: A. Each dentist or dental hygienist holding a Compact license privilege is required to reference the member state licensing agency’s statutes and rules to be aware of laws that apply to a Req. No. 1200 Page 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 specific state in which they are practicing under a Compact license privilege. Compact license scope and practice require ments shall conform to the state jurisdiction in which the Compact license privilege holder is practicing. B. Each dentist or dental hygienist holding a Compact license privilege shall list a current address with the Compact Commission that shall serve as his or her official address of service. C. A dentist or dental hygienist hol ding a Compact license privilege may have an adverse action taken against him or her by the: 1. Member state licensing agency in a state in which the dentist or dental hygienist : a. is practicing with a Compact license privilege, or b. has requested or received a Compact license privilege to practice; or 2. Compact licensee ’s home state. D. Any state in which the Compact licensee holds a Compact license privilege may investigat e an allegation of a violation of the statutes and rules of dentistry or denta l hygiene in any other state where the Compact licensee holds a Compact license privilege. SECTION 9. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 329.9 of Title 59, unless there is created a duplication in numbering, reads as follows: Req. No. 1200 Page 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 A. The Compact Commission is authorized to develop rules regarding fees for Compact licensees ’ use of the repository and other provisions as determined by the Compact Commission. B. A member state licensing agency i ssuing a Compact license privilege authorizing practice in their state may impose a fee for a Compact license privilege to be issued or renewed. C. No Compact fee shall be requi red of each active-duty military member or his or her spouse up to one (1) year after completion of the military member ’s service. Each participating state issuing a Compact license privilege may waive fees for active - duty military and his or her spouse as required by each individual state statute. D. Active-duty military may tran sfer military training records to the repository without a fee. SECTION 10. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 329.10 of Title 59, unless there is created a duplication in numbering, reads as follows: A. Each state shall name a point of contact for joint investigations between Compact member state licensing agencies. B. In addition to the authority granted to a member state licensing agency by the state law of their jurisdiction, member state licensing agencies may participate with other member state licensing agencies in joint investigations of licensees that fall subject to this Compact. Req. No. 1200 Page 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 C. Member state licens ing agencies may share investigative, litigation, or other materials in furtherance of any joint or individual investigation arising with a licensee who holds a Compact license privilege within their jurisdiction. D. A subpoena issued by a member state or member state licensing agencies shall be enforceable in other member states a s allowed by law. E. If a licensee has a disciplinary action taken by any member state licensing agency against a licensee under the Compact, he or she shall automatically be su bject to discipline by other member state licensing agencies. F. If a licensee has an action taken against his or her home state license including being revoked, surrendered, or relinquished in lieu of discipline or suspension, then automatically all othe r Compact license privileges shall be placed in the same status. The home state shall notify the Compact Commission and the Compact Commission shall issue a notice to all member state licensing agencies that the licensee holding a Compact license privileg e shall suspend the Compact license privilege. G. If discipline is taken against a licensee in an Compact member state, the member state licensing agency shall notify the Compact Commission and the home state of the licensee. The home state may deem the action conclusive as a matter of law and fact decided and: Req. No. 1200 Page 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1. Impose the same or lesser sanction consistent with the home state practice act; or 2. Pursue separate actions against the licensee under its practice act regardless of the sanctions pursued by the Compact member state licensing agency. SECTION 11. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 329.11 of Title 59, unless there is created a duplication in numbering, reads as follows: A. Insurance companies and entities verifying documents for the purpose of licenses extended to a provider may seek information from the Compact Commission clearinghouse for public record documents. B. A dentist or dental hygienist, as defined by the bylaws and rules, may submit a request to the Compact Commission to allow any hiring employer, entity, or insurance company to access documents from the repository for the purposes of credentialing, licensing, or other privileges. C. The Commission shall set a fee schedule for these services in the bylaws and rules. SECTION 12. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 329.12 of Title 59, unless there is created a duplication in numbering, reads as follows : A. The Compact Commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of the Compact. Notwithstanding the foregoing, in the event the Compact Req. No. 1200 Page 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Commission exercises its rulemaking authority in a manner t hat is beyond the scope of the purposes of the Compact, or the powers granted hereunder, then such an action by the Compact Commission may be determined to be invalid and have no force or effect. B. Rules deemed appropriate for the operations of the Compa ct Commission shall be made pursuant to a rulemaking process that substantially conforms to the Model State Administrative Procedure Act of 2010, and subsequent amendments thereto. SECTION 13. NEW LAW A new section of law to be codif ied in the Oklahoma Statutes as Section 329.13 of Title 59, unless there is created a duplication in numbering, reads as follows: A. The executive, legislative, and judicial branches of state government in each member state licensing agencies shall enforc e the Compact and shall take all actions necessary and appropriate to effectuate the Compact ’s purposes and intent to allow for expedited licensure for the purpose of mobility. The provisions of the Compact and the rules promulgated hereunder shall have s tanding as statutory law, but shall not override existing state authority to regulate the practice of dentistry and dental hygiene. B. All courts may take judicial notice of the Compact and the rules in any judicial or administrative proceeding in a membe r state pertaining to the subject matter of the Compact which may affect the powers, responsibilities, or actions of the Compact Commission. Req. No. 1200 Page 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 C. The Compact Commission shall be entitled to receive all service of process in any such proceeding and shall hav e standing to intervene in the proceeding for all purposes. Failure to provid e service of process to the Compact Commission shall render a judgment or order void as to the Compact Commission, the Compact, or promulgated rules. SECTION 14. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 329.14 of Title 59, unless there is created a duplication in numbering, reads as follows: A. The Compact Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of the Compact. B. The grounds for default include, but are not limited to, failure of a member state to perform such obligations or responsibilities imposed upon it by the Compact, or the rules and bylaws of the Compact Commission promulgated under the Compact. C. If the Compact Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under the Compact, or the bylaws or promulgated rules, the Compact Commission shall: 1. Provide written notice to the defaulting state and other member states of the nature of the default, the means of curing the default, and any action taken by the Compact Commission. The Compact Commission shall specify the conditions by which the defaulting state must cure its default; and Req. No. 1200 Page 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2. Provide remedial training and specific technical assistance regarding the default. D. If the defaulting state fails to cure the default, the defaulting state shall be terminated from the Compact upon an affirmative vote of a majority of the commissioners and all rights, privileges, and benefits conferred by the Compact shall terminate on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilitie s incurred during the period of the default. E. Termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to terminate shall be given by the Compact Commission to the governor, the majority and minority leaders of the defaulting state ’s legislature, and each of the member states. F. The Compact Commission shall establish rules and procedures to address licenses and Compact license privilege holders that are materially impacted by the termination of a member state or the withdrawal of a member state. G. The Compact Commission shall not bear any costs relating to any state that has been found to be in default or which has been terminated from the Compact, unless otherwi se mutually agreed upon in writing between the Compact Commission and the defa ulting state. Req. No. 1200 Page 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 H. The defaulting state may appeal the action of the Compact Commission by petitioning the federal district where the Compact Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorney fees. I. The Compact Commission shall not bear any costs relating to any state that has been found to be in default or which has been terminated from the C ompact, unless otherwise mutually agreed upon in writing between the Compact C ommission and the defaulting state. J. The remedies herein shall not be the exclusive remedies of the Compact Commission. The Compact Commission may avail itself of any other remedies available under state law or the regulation of a profession. SECTION 15. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 329.15 of Title 59, unless there is created a duplication in numbering, reads as follows: A. The Compact Commission shall attempt, upon the request o f a member state licensing agency, to resolve disputes which are subject to the Compact and which may arise among member state licensing agencies. B. The Compact Commission shal l promulgate rules providing for both mediation and binding dispute resolution, as appropriate. Req. No. 1200 Page 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 16. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 329.16 of Title 59, unless there is created a duplication in numbering, reads as follows: A. Any state is eligible to beco me a member state of the Compact. B. The Compact shall become effective and binding upon legislative enactment of the Compact into law by no less than five states. Thereafter, it shall become effective and binding on a state upon enactment of the Compact into law by that state. C. The governors of nonmember states, or their designees, shall be invited to participate in the activities of the Compact Commission on a nonvoting bas is prior to adoption of the Compact by all states. D. The Compact Commission may propose amendments to the Compact for enactment by the member states. No amendment shall become effective and binding upon the Compact Commission and the member states unless and until it is enacted into law by unanimous consent of the member states. SECTION 17. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 329.17 of Title 59, unless there is created a duplication in nu mbering, reads as follows: A. Once effective, the Compact shall continue in f orce and remain binding upon each and every member state; provided, that a member state may withdraw from the Compact after giving appropriate Req. No. 1200 Page 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 notice by specifically repealing th e statute which enacted the Compact into law. B. Withdrawal from the Compact shall be by the enactment of a statute repealing the same. The individual ’s Compact license privilege shall remain in effect for six (6) months from the date of the member state licensing agency’s withdrawal. C. The withdrawing state shall immediately no tify the chair of the Compact Commission in writing upon the introduction of legislation repealing the Compact in the withdrawing state. D. The Compact Commission shall notify t he other member states of the withdrawing state ’s intent to withdraw within sixty (60) days of its receipt of notice provided under subsection C of this section. E. Reinstatement following withdrawal of a member state shall occur upon the withdrawing stat e reenacting the Compact or upon such later date as determined by the Compact Commission. F. The Compact Commission is authorized to develop rules to address the impact of the withdrawal of a member state on licenses granted in other member states to dent ists and dental hygienists who designated the withdrawing member state as the state of principal license. SECTION 18. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 329.18 of Title 59, unless there is created a duplication in numbering, reads as follows: Req. No. 1200 Page 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 A. The Compact shall d issolve effective upon the date of the withdrawal or default of the member state which reduces the membership in the Compact to one member state. B. Upon the dissolution of the Compact, the Compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Compact Commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws. SECTION 19. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 329.19 of Title 59, unless there is created a duplication in numbering, reads as follows: A. The provisions of the Compact shall be severable, and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the Compact shall be enforceable. B. The provisions of the Compact shall be liberally construed to effectuate its purposes. SECTION 20. NEW LAW A new s ection of law to be codified in the Oklahoma Statutes as Section 329.20 of Tit le 59, unless there is created a duplication in numbering, reads as follows: A. Nothing herein prevents the enforcement of any other law of a member state that is not inconsiste nt with the Compact. B. All lawful actions of the Compact Commission, including all rules and bylaws promulgated by the Commission, are binding upon the member states. Req. No. 1200 Page 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 C. All agreements between the Compact Commission and the member states are binding in accordance with their terms. D. In the event any provision of the Compact exc eeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state. SECTION 21. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 329.21 of Title 59, unless there is created a duplication in numbering, reads as follows: The most current edition of the American Institute of Parliamentarians Standard Code of Parlia mentary Procedure governs all meetings of the Compact Commission, including its committees, in those situations not otherwise covered in the bylaws. SECTION 22. This act shall become effective November 1, 2025. 60-1-1200 DC 1/15/2025 3:01:26 PM