PRINTER'S NO. 1255
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.1127
Session of
2025
INTRODUCED BY MULLINS, SANCHEZ, HARKINS, KHAN, PIELLI, MARCELL,
McANDREW, HILL-EVANS, GIRAL, DONAHUE, JAMES, FREEMAN,
TWARDZIK, O'MARA, CERRATO AND GREEN, APRIL 3, 2025
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, APRIL 3, 2025
AN ACT
Authorizing the Commonwealth of Pennsylvania to join the Dentist
and Dental Hygienist Compact; and providing for the form of
the compact.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Dentist and
Dental Hygienist Compact Act.
Section 2. Authority to execute compact.
The Governor, on behalf of the Commonwealth, is hereby
authorized to execute a compact in substantially the following
form with any one or more of the states of the United States,
and the General Assembly hereby signifies in advance its
approval and ratification of such compact:
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
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18 facilitate the interstate practice of dentistry and dental
hygiene and improve public access to dentistry and dental
hygiene 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;
C. Increases public access to qualified, licensed Dentists
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 requirements established
by a Participating State;
F. Facilitates the sharing of licensure and disciplinary
information among Participating States;
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30 G. Requires Dentists and Dental Hygienists who practice in a
Participating State pursuant to a Compact Privilege 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 in
regulating the practice of dentistry and dental hygiene within
those States;
J. Facilitates the relocation of military members and their
spouses who are licensed to practice dentistry or dental
hygiene;
SECTION 2. DEFINITIONS
As used in this Compact, unless the context requires
otherwise, the following definitions shall apply:
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, programs to
which Licensees with substance abuse or addiction issues are
referred in lieu of Adverse Action.
D. "Clinical Assessment" means examination or process,
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30 required for licensure as a Dentist or Dental Hygienist as
applicable, that provides evidence of clinical 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 Compact.
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.
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. § 20.3(d)
from the Federal Bureau of Investigation and the State's
criminal history record repository as defined in 28 C.F.R. §
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 Commission" or
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30 "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.
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 authorization by a State, other
than authorization pursuant to a Compact Privilege, or other
privilege, for an individual to practice as a Dentist or Dental
Hygienist in that State.
R. "Licensee" means an individual who holds an unrestricted
License from a Participating State to practice as a Dentist or
Dental Hygienist in that State.
S. "Model Compact" 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 Commission Rules.
U. "Qualifying License" means a License that is not an
Encumbered License issued by a Participating State to practice
dentistry or dental hygiene.
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30 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 Hygienist 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 investigation 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.
Z. "State" means any state, commonwealth, district, or
territory of the United States of America that regulates the
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
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30 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 Commission's Data System;
3. Have a mechanism in place for receiving and investigating
complaints about its Licensees 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;
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 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;
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
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30 Department of Education for the accreditation of dentistry and
dental hygiene education 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.
B. Providing alternative pathways for an individual to obtain
an unrestricted License 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
Compact 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
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30 terms and provisions of the Compact, the Licensee shall:
1. Have a Qualifying License as a Dentist or Dental Hygienist
in a Participating State;
2. Be eligible for a Compact Privilege in any Remote State in
accordance with 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;
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,
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30 otherwise, within thirty (30) days from the 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 with the Commission with
respect to any action brought against the Licensee by the
Commission or a Participating State, and consent to accept
service 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.
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 pursuant
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 for
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30 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 Action applies to all Compact Privileges in all Remote
States. A Licensee whose Compact Privilege in a Remote State is
removed for a specified period of time is not eligible for a
Compact Privilege in any other Remote State until the specific
time for removal 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 Compact 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 of subsection A of this section to obtain a Compact
Privilege 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 in subsection
A of this section to obtain a Compact Privilege in a Remote
State.
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30 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 otherwise 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.
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 be 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 practice 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
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30 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
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 court 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 State law, recover from the
Licensee the costs of investigations and disposition of cases
resulting from any Adverse Action taken against that Licensee.
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 compliance materials
in furtherance of any joint or individual investigation
initiated under the Compact.
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30 G. Authority to Continue Investigation
1. After a Licensee's Compact Privilege in a Remote State is
terminated, the Remote State may continue an investigation 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 State, 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 Investigative
Information.
SECTION 7. ESTABLISHMENT AND OPERATION OF THE COMMISSION.
A. The Compact Participating States 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 11A.
B. Participation, Voting, and Meetings
1. Each Participating State shall have and be limited to one
(1) Commissioner selected 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.
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.
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30 4. The Commission may recommend to a State Licensing
Authority or Authorities, as applicable, removal or suspension
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 telecommunication, 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;
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 business records of the
Commission, and designate a person to do so on the Commission's
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30 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 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 construed 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 any undivided interest
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30 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 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 and 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
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website, and any other means as provided in the Commission's
Rules, 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 shall 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 procedures;
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;
f. Accusing any person of a crime or formally censuring any
person;
g. Trade secrets or commercial or financial information that
is privileged or confidential;
h. Information of a personal nature where disclosure would
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i. Investigative records compiled 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 pursuant 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, the
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.
6. The Commission shall keep minutes that fully and clearly
describe all matters discussed 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 payment of,
the reasonable expenses of its establishment, organization, and
ongoing activities.
2. The Commission may accept any and all appropriate sources
of revenue, donations, and grants of money, equipment, supplies,
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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.
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
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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;
c. Ensuring Compact administration 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 of 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 Board 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) voting
members from the current membership of the Commission.
3. The Commission may remove any member of the Executive
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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 that 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.
b. The Executive Board shall give five (5) business days'
notice of its public meetings, posted 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
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
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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 member, officer, executive
director, employee, and representative of the Commission in any
civil action seeking to impose 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 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 that 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
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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 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 or 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 State law to the
contrary, a Participating State shall submit a uniform data set
to the Data System on all individuals 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
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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);
6. The presence of Significant Investigative Information; and
7. Other information that may facilitate the administration
of this Compact or the protection 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 pertaining to a
Licensee in any Participating State will only be available to
other Participating States.
E. It is the responsibility of the Participating 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 information that may not be shared with the
public without the express permission of the contributing State.
G. Any information submitted to the Data System that is
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Participating State contributing 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 Commission exercised its rulemaking authority in a manner
that is beyond the scope and purposes of the Compact, or the
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 the Participating
State that establish the Participating State's Scope of Practice
as held by a court of competent jurisdiction, the Rules of the
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.
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 effect in any Participating State or to any State applying
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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 allow persons to provide oral and
written comments, data, facts, opinions, and arguments.
G. Prior to adoption of a proposed Rule by the Commission,
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 location of the public hearing at
which the Commission will hear public comments on the proposed
Rule and, 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
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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 construed 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.
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, 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 emergency Rule with 24
hours' notice, with opportunity to comment, provided that the
usual rulemaking procedures provided in the Compact and in this
section shall be retroactively applied to the Rule as soon as
reasonably possible, in no event later than ninety (90) days
after the effective date of the Rule. For the purposes of this
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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.
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 revision results in a
material change to a Rule. A challenge shall be made in writing
and delivered to the Commission 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 all
actions necessary and appropriate to implement the Compact.
2. Venue is proper and judicial proceedings by or against the
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competent jurisdiction where the principal office of the
Commission is located. The Commission may waive venue and
jurisdictional 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 action 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 and 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 Assistance, 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 defaulting
State. The notice of default shall describe the default, the
proposed means of curing the default, and any other action that
the Commission 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.
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 all
rights, privileges and benefits conferred on that State by this
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A cure of the default does not relieve the offending State of
obligations or liabilities incurred during the period of
default.
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
minority leaders of the defaulting State's legislature, the
defaulting State's State Licensing Authority or Authorities, as
applicable, and each of the Participating States' State
Licensing Authority or Authorities, as applicable.
E. A State that has been terminated 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 this
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 recognize 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 may appeal the action of the
Commission by petitioning the U.S. District Court for the
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be awarded all costs of such litigation, including reasonable
attorney's fees.
I. Dispute Resolution
1. Upon request by a Participating State, the Commission
shall 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 resolution 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.
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 Participating State's
law.
3. A Participating State may initiate legal action against
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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.
4. No individual or entity other than a Participating State
may enforce this Compact against the Commission.
SECTION 11. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT
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 different 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 even if the number of Participating States
should be less than seven (7).
2. Participating States enacting the Compact subsequent to
the Charter Participating States shall be subject to the process
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materially different from the Model Compact and whether they
qualify for participation in the Compact.
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 effective 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 Compact 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 requirement 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 subsequent statutory enactment to the contrary, such
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30 withdrawing State shall continue to recognize all Compact
Privileges to practice 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 effectuate 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
participation in the 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 applicability thereof to any other government,
agency, person or circumstance shall not be affected thereby.
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30 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
requirements in a Participating State in conflict with the
Compact are superseded to the extent of the conflict.
C. All permissible agreements between the Commission and the
Participating States are binding in accordance with their terms.
Section 3. When and how compact becomes operative.
(a) Execution.--When the Governor executes the Dentist and
Dental Hygienist Compact on behalf of this State and files a
verified copy thereof with the Secretary of the Commonwealth and
when the compact is ratified by six or more other states, then
the compact shall become operative and effective between this
State and such other state or states. The Governor is hereby
authorized and directed to take such action as may be necessary
to complete the exchange of official documents between this
State and any other state ratifying the compact.
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30 (b) Notice in Pennsylvania Bulletin.--The Secretary of the
Commonwealth shall transmit a notice to the Legislative
Reference Bureau for publication in the next available issue of
the Pennsylvania Bulletin when the conditions set forth in
subsection (a) are satisfied and shall include in the notice the
date on which the compact became effective and operative between
this State and any other state or states in accordance with this
act.
Section 4. Compensation and expenses of commissioner.
The commissioner who represents this State, as provided for
in section 7B of the Compact, shall not be entitled to any
additional compensation for his duties and responsibilities as
commissioner but shall be entitled to reimbursement for
reasonable expenses actually incurred in connection with his
duties and responsibilities as commissioner in the same manner
as for expenses incurred in connection with other duties and
responsibilities of his office or employment.
Section 5. Effective date.
This act shall take effect in 60 days.
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