88R2812 SCP-D
By: Klick H.B. No. 3039
A BILL TO BE ENTITLED
AN ACT
relating to the Dentist and Dental Hygienist Compact; authorizing
fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle D, Title 3, Occupations Code, is
amended by adding Chapter 268 to read as follows:
CHAPTER 268. DENTIST AND DENTAL HYGIENIST COMPACT
Sec. 268.001. DENTIST AND DENTAL HYGIENIST COMPACT. The
Dentist and Dental Hygienist Compact is enacted and entered into
with all other jurisdictions that legally join in the compact,
which reads as follows:
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 purpose of this Compact is to facilitate the
interstate practice of dentistry and dental hygiene with the goal
of improving public access to services and supporting the ability
of Dentists and Dental Hygienists to provide dentistry and dental
hygiene services when relocating in Participating States. The
Compact preserves the regulatory authority of Participating States
to protect public health and safety through their authority to
regulate the practice of dentistry and dental hygiene in their
State by Dentists and Dental Hygienists who practice in their State
pursuant to a Compact Privilege.
SECTION 2. DEFINITIONS
As used in this Compact, and except as otherwise provided, the
following definitions shall apply:
A. "Active-Duty Military" means full-time duty status in the
active uniformed service of the United States, including
members of the National Guard and Reserve on active-duty
orders pursuant to 10 U.S.C. Section 1209 and 1211.
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 the 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,
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
Licensing Compact.
G. "Compact Privilege" means the authorization granted by
the Commission 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 or the
renewal of a license registration, 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. ยง 20.3(d) from the Federal Bureau of
Investigation and the agency responsible for retaining
State criminal records in the State.
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
"Commission" means a 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. "Licensee" means an individual who currently holds an
authorization from a Participating State, other than a
Compact Privilege, or other privilege, to practice as a
Dentist or Dental Hygienist in that State.
R. "Model Compact" the model for the Interstate Dentist and
Dental Hygienist Compact on file with the Council of State
Governments or other entity as designated by the
Commission.
S. "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.
T. "Qualifying License" means a license that is not an
Encumbered License issued by a Participating State to
practice dentistry or dental hygiene.
U. "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.
V. "Rule" means a regulation promulgated by an entity that
has the force of law.
W. "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,
Rules and regulations, case law, and other processes
available to the State Licensing Authority or other
government agency.
X. "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.
Y. "State" means any state, commonwealth, district, or
territory of the United States of America that regulates
the practices of dentistry and dental hygiene.
Z. "State Licensing Authority" means the agency or other
entity of a State that is responsible for the licensing and
regulation of Dentists and Dental Hygienists.
SECTION 3. STATE PARTICIPATION IN THE COMPACT
A. In order to join the Compact and thereafter continue as a
Participating State, a State must:
1. Enact a compact that is not materially different from the
Model Compact as determined in accordance with Commission
Rules;
2. Participate fully in the Commission's Data System;
3. Have a mechanism in place for receiving and investigating
complaints about its Licensees;
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;
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. Utilize the National Board Examinations of the Joint
Commission on National Dental Examinations or another
examination accepted by Commission Rule as a requirement
for licensure;
8. Require for licensure that applicants graduate from a
predoctoral dental education program, leading to the
D.D.S. or D.M.D. degree, or a dental hygiene education
program accredited by the Commission on Dental
Accreditation or another agency permitted by Commission
Rule;
9. Require for licensure that applicants successfully
complete a Clinical Assessment;
10. Have Continuing Professional Development requirements as
a condition for license renewal or renewal of license; and
11. Pay a participation fee to the Commission as established
by Commission Rule.
B. 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
denied a license.
C. The Commission shall grant a Licensee of a Participating State
who does not hold an Encumbered License in any other
Participating State, the 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, the Commission
shall not grant the Licensee the Compact Privilege for that
Remote State unless and until the Commission is informed by the
Remote State or Licensee that the Licensee has satisfied the
Jurisprudence Requirement.
SECTION 4. COMPACT PRIVILEGE
A. To exercise the Compact Privilege under the terms and provisions
of the Compact, the Licensee shall:
1. Have a Qualifying License as a Dentist or Dental 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. Apply to the Commission whenever the Licensee is seeking a
Compact Privilege within one or more Remote States;
4. Pay any applicable Commission and Remote State fees for a
Compact Privilege in the Remote State;
5. Meet any Jurisprudence Requirements 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 as a requirement
for licensure;
7. Have graduated from a predoctoral dental education
program, leading to the D.D.S. or D.M.D. degree, or a
dental hygiene education program accredited by the
Commission on Dental Accreditation or another agency
permitted by Commission Rule;
8. Have successfully completed a Clinical Assessment for
licensure;
9. Report to the Commission Adverse Action taken by any
non-Participating State when applying for a Compact
Privilege and, otherwise, within thirty (30) days from the
date the Adverse Action is taken;
10. 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
11. 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
and pays any applicable 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
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, remove by Adverse Action a
Licensee's Compact Privilege in the Remote State for 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.
SECTION 5. ACTIVE-DUTY MILITARY PERSONNEL OR THEIR SPOUSES
An Active-Duty Military individual 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-Duty Military individual 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 in any other Participating State during the term of the
Alternative Program without prior authorization from such other
Participating State.
D. Any Participating State in which a Licensee is applying to
practice or is practicing pursuant to a Compact Privilege may
investigate actual or alleged violations of the statutes and
regulations authorizing the practice of dentistry or dental
hygiene in any other Participating State in which the Dentist or
Dental Hygienist holds a license or Compact Privilege.
E. A Remote State shall have the authority to:
1. Take Adverse Actions as set forth in Section 4.D against a
Licensee's Compact Privilege in the State;
2. 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 respective 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 Investigative
Information, litigation, or compliance materials in
furtherance of any joint or individual investigation
initiated under the Compact.
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 OF THE COMMISSION.
A. The Compact Participating States hereby create and establish a
joint government agency and national administrative body known as
the Dentist and Dental Hygienist Compact Commission. The
Commission is an instrumentality of the Compact States acting
jointly and not an instrumentality of any one state. The
Commission shall come into existence on or after the effective
date of the Compact as set forth in Section 11.A.
B. Participation, Voting, and Meetings
1. Each Participating State shall have and be limited to one
(1) Commissioner. The Commission may by Rule or bylaw
establish a term of office of a Commissioner or term
limits.
2. The Commissioner shall be a member or designee of the
State Licensing Authority.
3. Any Commissioner may be removed or suspended from serving
as a Commissioner as provided by the law of the State from
which the Commissioner is appointed or the Commission's
Rules or bylaws.
4. The Participating State shall fill a vacancy of its
Commissioner in the Commission within sixty (60) days of
the vacancy.
5. Each Commissioner shall be entitled to one (1) vote with
regard to all matters that are voted upon by the
Commissioners.
6. A Commissioner shall vote in person or by such other means
as provided in the Commission's bylaws. The bylaws may
provide for Commissioner participation in meetings by
telephone or other means of communication.
7. The Commission shall meet at least once during each
calendar year. Additional meetings shall be held as set
forth in the Commission's bylaws.
C. The Commission shall have the following powers and duties:
1. Establish code of conduct and conflict of interest
policies;
2. Establish the fiscal year of the Commission;
3. Establish 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 and the bylaws;
6. Promulgate Commission Rules to facilitate and coordinate
implementation and administration of this Compact. The
Rules shall have the force and effect of law and shall be
binding on all Participating States;
7. Bring and prosecute 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;
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. Hire employees and engage contractors, elect 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;
11. Accept and dispose of equipment, supplies, materials and
services, and provide for financing of the Commission and
payments of its debts and expenses, provided that at all
times the Commission shall avoid any appearance of
impropriety and/or conflict of interest;
12. Lease, purchase, accept appropriate gifts or donations
of, or otherwise own, hold, improve or use, any property,
real, personal or mixed; provided that at all times the
Commission shall avoid any appearance of impropriety;
13. Sell convey, mortgage, pledge, lease, exchange, abandon,
or otherwise dispose of any property real, personal, or
mixed;
14. Establish a budget and make expenditures;
15. Borrow money;
16. Appoint committees, including standing committees
composed of Commissioners, State regulators, State
legislators or their representatives, and consumer
representatives, and such other interested persons as may
be designated in this Compact and the Commission's bylaws;
17. Provide and receive information from, and cooperate
with, law enforcement agencies;
18. Elect a Chair, Vice Chair, Secretary and Treasurer and
such other officers of the Commission as provided in the
Commission's bylaws;
19. Reserve for itself, in addition to those reserved
exclusively to the Commission under the Compact, powers
that the Executive Board may not exercise;
20. Approve or disapprove a State's participation in the
Compact based upon its determination as to whether the
State's Compact legislation departs in a material manner
from the model Compact language;
21. In its discretion, establish a period of time a Compact
Privilege shall be in effect without renewal.
22. 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 the 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;
23. 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 behalf; 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 a public meeting by providing at
least twenty-four (24) hours prior notice on the
Commission's website, and any other means as provided in
the Commission's Rules, for any of the reasons it may
dispense with notice of proposed rulemaking under Section
9.L.
3. The Commission may convene in a closed, non-public meeting
or non-public part of a public meeting 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, threatened, or reasonably anticipated
litigation;
d. Negotiation of contracts for the purchase, lease, or
sale of goods, services, or real estate;
e. Accusing any person of a crime or formally censuring
any person;
f. Disclosure of trade secrets or commercial or
financial information that is privileged or
confidential;
g. Disclosure of information of a personal nature where
disclosure would constitute a clearly unwarranted
invasion of personal privacy;
h. Disclosure of investigative records compiled for law
enforcement purposes;
i. Disclosure of information related to any
investigative reports prepared by or on behalf of or
for use of the Commission or committee charged with
the responsibility of investigation or determination
of compliance issues pursuant to the Compact;
j. Legal advice;
k. Matters specifically exempted from disclosure by
federal or Participating State law; or
l. Other matters as provided by Commission Rule.
4. If a meeting, or portion of a meeting, is closed pursuant
to subsection D.3 of this section, the presiding officer
shall make an announcement that the meeting or portion of
the meeting shall be closed and shall reference each
relevant exempting provision.
5. 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. 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
by a majority vote of the Commission or order of a court of
competent jurisdiction.
E. The Commission shall prepare and provide to the Participating
States an annual report of its activities.
F. 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, materials, and services.
3. The Participating States' annual assessment fees and the
Licensees' Compact Privilege fees and any applicable
renewal fees shall be used to cover the cost of the
operations and activities of the Commission and its staff
and must be in a total amount sufficient to cover its
annual budget as approved each year for which revenue is
not provided by other sources. The aggregate annual
assessment amount for Participating States shall be
allocated based upon a formula to be determined by
Commission 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.
G. 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
and Commission Rules.
2. The Commission may remove any member of the Executive
Board as provided in the Commission's bylaws.
3. The Executive Board shall meet at least annually.
4. The Executive Board shall have the following duties and
responsibilities:
a. Recommend to the Commission changes to the
Commission's Rules or bylaws, changes to this Compact
legislation, fees to be paid by Compact Participating
States such as annual dues, and any Commission Compact
fee charged to Licensees for the Compact Privilege;
b. Ensure Compact administration services are
appropriately provided, contractual or otherwise;
c. Prepare and recommend the budget;
d. Maintain financial records on behalf of the
Commission;
e. Monitor Compact compliance of Participating States
and provide compliance reports to the Commission;
f. Establish additional committees as necessary;
g. Exercise the powers and duties of the Commission
during the interim between Commission meetings,
except for issuing proposed rulemaking or adopting
Commission Rules or bylaws, or exercising any other
powers and duties exclusively reserved to the
Commission by the Commission's Rules; and
h. Other duties as provided in the Commission's Rules or
bylaws.
5. All meeting of the Executive Board at which it votes or
plans to vote on matters in exercising the powers and
duties of the Commission shall be open to the public and
public notice of such meetings shall be given as public
meetings of the Commission are given.
6. The Executive Board may convene in a closed, non-public
meeting for the same reasons that the Commission may
convene in a non-public meeting as set forth in Section 7.D
3 and shall announce the closed meeting as the Commission
is required to under Section 7.D.4 and keep minutes of the
closed meeting as the Commission is required to under
Section 7.D.5.
H. Qualified Immunity, Defense, and Indemnification
1. The Commissioners, officers, employees and
representatives of the Commission shall be immune from
suit and liability, either personally or in their official
capacity, for any claim for damage to or loss of property
or personal injury or other civil liability caused by or
arising out of any actual or alleged act, error or omission
that occurred, or that the person against whom the claim is
made had a reasonable basis for believing occurred within
the scope of Commission employment, duties or
responsibilities; provided that nothing in this paragraph
shall be construed to protect any such person from suit
and/or liability for any damage, loss, injury, or
liability caused by the intentional or willful or wanton
misconduct of that person. The procurement of insurance of
any type by the Commission shall not in any way compromise
or limit the immunity granted hereunder.
2. The Commission shall defend any Commissioner, officer,
employee, or 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 his or her own
counsel, 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. The Commission shall indemnify and hold harmless any
Commissioner, officer, employee, or representative of the
Commission for the amount of any settlement or judgment
obtained against that person arising out of any actual or
alleged act, error or omission that occurred within the
scope of Commission employment, duties, or
responsibilities, or that such person had a reasonable
basis for believing occurred within the scope of
Commission employment, duties, or responsibilities,
provided that the actual or alleged act, error, or
omission did not result from the intentional or willful or
wanton misconduct of that person.
4. Venue is proper and judicial proceedings by or against the
Commission shall be brought solely and exclusively in a
court of competent jurisdiction where the principal office
of the Commission is located. The Commission may waive
venue and jurisdictional defenses in any proceedings as
authorized by Commission Rules.
5. 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.
6. Nothing herein shall be construed to designate the venue
or jurisdiction to bring actions for alleged acts of
malpractice, professional misconduct, negligence, or
other such civil action pertaining to the practice of
dentistry or dental hygiene. All such matters shall be
determined exclusively by State law other than this
Compact.
7. 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.
8. 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,
Alternative Program and the reporting of the existence of
Significant Investigative Information, on all Licensees 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 license or Compact Privilege and
information related thereto;
4. Alternative Program participation, the beginning and
ending dates of such participation, and other information
related to such participation not made confidential under
Participating State law;
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); and
6. The presence of Significant Investigative Information;
and
7. Other information that may facilitate the administration
of this Compact, as determined by the Rules of the
Commission.
C. Significant Investigative Information pertaining to a Licensee
in any Participating State will only be available to other
Participating States.
D. It is the responsibility of each Participating State to report
any Adverse Action it takes against a license or Compact
Privilege, including upon an applicant for a license, and 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 in any Participating State
will be available to any other Participating State. Participating
States may obtain from the Data System information of any Adverse
Action taken against a Licensee or an individual applying for a
license.
E. Participating States contributing information to the Data
System may, in accordance with a State or federal law so
requiring, designate information that may not be shared with the
public without the express permission of the contributing State.
Notwithstanding any such designation, such information shall be
reported to the Commission through the Data System.
F. Any information submitted to the Data System that is
subsequently expunged Pursuant to federal law or the laws of the
Participating State contributing the information shall be
removed from the Data System upon reporting of such by the
Participating State to the Commission.
G. 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.
SECTION 9. RULEMAKING
A. The Commission shall exercise its rulemaking powers pursuant to
the criteria set forth in this section and the Rules adopted
thereunder. Commission Rules shall become binding as of the date
specified in its adoption of each Rule.
B. No Rule of the Commission shall conflict with the laws of a
Participating State that establishes the Scope of Practice of a
Licensee in that Participating State.
C. The Commission shall promulgate reasonable Rules in order to
effectively and efficiently achieve the purposes of the Compact.
Notwithstanding the foregoing, in the event the Commission
exercises its rulemaking authority in a manner that is beyond the
scope of the purposes of the Compact, or the powers granted
hereunder, or based upon another applicable standard of review,
as determined by a court of competent jurisdiction, the Rules to
which the judicial determination applies shall be invalid and
have no force and effect.
D. If a majority of the legislatures of the Participating States
rejects 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 to participate in the Compact.
E. Commission Rules shall be adopted at a regular or special
meeting of the Commission.
F. Prior to promulgation and adoption of a final Rule or Rules by
the Commission, and at least thirty (30) days in advance of the
meeting at which the Rule will be considered and voted upon, the
Commission shall place a Notice of Proposed Rulemaking on the
website of the Commission or other publicly accessible platform
and provide written Notice of Proposed Rulemaking to the State
Licensing Authority of each Participating State;
G. The Notice of Proposed Rulemaking shall include:
1. The time, date and location of a public hearing on the
proposed rule and the proposed time, date, and location of
the meeting in which the proposed Rule will be considered
and voted upon;
2. The text of the proposed Rule and the reason for the
proposed Rule;
3. A request for comments on the proposed Rule from any
interested person and the date by which written comments
must be received; and
4. The manner in which interested persons may submit notice
to the Commission of their intention to attend the public
hearing or provide any written comments.
H. Prior to adoption of a proposed Rule, the Commission shall allow
persons to submit written data, facts, opinions, and arguments,
which shall be made available to the public.
I. If the hearing is to be held via electronic means, the Commission
shall publish in the Notice of Proposed Rulemaking the mechanism
for access to the electronic hearing.
1. All persons wishing to be heard at the hearing shall as
directed in the notice of the public hearing, not less than
five (5) business days before the scheduled date of the
hearing, notify the Commission of their desire to appear
and testify at the hearing.
2. Hearings shall be conducted in a manner providing each
person who wishes to comment a fair and reasonable
opportunity to comment orally or in writing.
3. All hearings will be recorded. A copy of the recording and
the written Comments, data, facts, opinions, and arguments
received in response to the proposed rulemaking will be
made available to a person upon request.
4. Nothing in this section shall be construed as requiring a
separate hearing on each Rule. Rules may be grouped for the
convenience of the Commission at hearings required by this
section.
J. Following the public hearing the Commission shall consider all
written and oral comments received.
K. The Commission shall, by majority vote of all Commissioners,
take final action on the proposed Commission Rule and shall
determine the effective date of the Rule, if adopted, based on the
rulemaking record and the full text of the Rule.
1. If adopted, the Rule shall be posted on the Commission's
website.
2. The Commission may adopt changes to the proposed Rule
provided the changes do not enlarge the original purpose
of the proposed Rule.
3. The Commission shall provide on its website 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.
4. 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 issuing the notice that
it adopted the Rule.
L. Upon a determination that an emergency exists, the Commission
may consider and adopt an emergency Rule with twenty-four (24)
hours prior notice, without the opportunity for comment, or
hearing, 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 provision, an emergency Rule is one that must be
adopted immediately in order to:
1. Meet an imminent threat to public health, safety, or
welfare;
2. Prevent a loss of Commission or Participating State funds;
3. Meet a deadline for the promulgation of a Rule that is
established by federal law or Rule; or
4. Protect public health and safety.
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 to the Commission as set forth
in the notice of revisions 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.
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. The Commission shall be entitled to receive service of
process in any such proceeding regarding the enforcement
or interpretation of the Compact or the Commission's Rules
and shall have standing to intervene in such a proceeding
for all purposes. Failure to provide the Commission with
service of process shall render a judgment or order in such
proceeding 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 and other Participating States. The
notice shall describe the default, the proposed means of
curing the default and any other action that the
Commission may take, and shall offer remedial training and
specific technical assistance regarding the default.
2. 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 of
the Participating States, and all rights, privileges and
benefits conferred by this Compact upon such State may be
terminated on the effective date of termination. A cure of
the default does not relieve the offending State of
obligations or liabilities incurred during the period of
default.
3. 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
and the majority and minority leaders of the defaulting
State's legislature, and to the State Licensing Authority
of each of the Participating States.
4. 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.
5. 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.
6. The defaulting State may appeal its termination from the
Compact by the Commission by petitioning the U.S. District
Court for the District of Columbia or the federal district
where the Commission has its principal offices. The
prevailing party shall be awarded all costs of such
litigation, including reasonable attorney's fees.
7. If a State has been terminated from participation in the
Compact, the State shall immediately provide notice to all
Licensees within that State of such termination:
a. Licensees who have been granted a Compact Privilege
in that State shall retain the Compact Privilege for
one hundred eighty (180) days following the effective
date of such termination.
b. Licensees who are licensed in that State who have
been granted a Compact Privilege in a Participating
State shall retain the Compact Privilege for one
hundred eighty (180) days unless the Licensee also has
a license in a Participating State or obtains a
license in a Participating State before the one
hundred eighty (180)-day period ends, in which case
the Compact Privilege shall continue.
C. 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 and non-Participating States.
2. The Commission shall promulgate a Rule providing for both
mediation and binding dispute resolution for disputes as
appropriate.
D. Enforcement
1. The Commission, in the reasonable exercise of its
discretion, shall enforce the provisions and Rules of this
Compact.
2. If compliance is not secured after all means to secure
compliance have been exhausted, by majority vote, the
Commission may initiate legal action in the United States
District Court for the District of Columbia, or the
federal district where the Commission has its principal
offices, against a Participating State in default to
enforce compliance with the provisions of the Compact and
its promulgated Rules and bylaws. 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.
3. The remedies herein shall not be the exclusive remedies of
the Commission. The Commission may pursue any other
remedies available under applicable federal or State law.
E. Legal Action Against the Commission
1. A Participating State may initiate legal action against
the Commission in the U.S. 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 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.
2. No person other than a Participating State shall 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 tenth Participating
State.
1. On or after the effective date of the Compact, the
Commission shall convene and review the enactment of each
of the first ten Participating States ("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.
b. If any Participating State later withdraws from the
Compact or its participation is terminated, the
Commission shall remain in existence and the Compact
shall remain in effect even if the number of
Participating States should be less than ten.
Participating States enacting the Compact subsequent
to the ten initial Charter Participating States shall
be subject to the process set forth in Section 7.C.20
to determine if their enactments are materially
different from the Model Compact and whether they
qualify for participation in the Compact.
2. Participating States enacting the Compact subsequent to
the ten initial Charter Participating States shall be
subject to the process set forth in Section 7.C.20 to
determine if their enactments are 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.
B. Any State that joins the Compact subsequent to the Commission's
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 or bylaw 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.
C. Any Participating State may withdraw from this Compact by
enacting a statute repealing the same.
1. A Participating State's withdrawal shall not take effect
until one hundred eighty (180) days after enactment of the
repealing statute. During this one hundred eighty (180)
day- period, all Compact Privileges that were in effect in
the withdrawing State and were granted to Licensees
licensed in the withdrawing State shall remain in effect.
If any Licensee licensed in the withdrawing State is also
licensed in another Participating State or obtains a
license in another Participating State within the one
hundred eighty (180) days, the Licensee's Compact
Privileges in other Participating States shall not be
affected by the passage of the 180 days.
2. Withdrawal shall not affect the continuing requirement of
the State Licensing Authority of the withdrawing State to
comply with the investigative, Alternative Program and
Adverse Action reporting requirements of the Compact prior
to the effective date of withdrawal.
3. Upon the enactment of a statute withdrawing from this
compact, a State shall immediately provide notice of such
withdrawal to all Licensees within that State. Such
withdrawing State shall continue to recognize all licenses
granted pursuant to this compact for a minimum of one
hundred eighty (180) days after the date of such notice of
withdrawal.
D. Nothing contained in this Compact shall be construed to
invalidate or prevent any State licensure agreement or other
cooperative arrangement between Participating States and between
a Participating and non-Participating State that does not
conflict with the provisions of this Compact.
E. 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 materially in the
same manner into the laws of all Participating States as
determined by the Commission.
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.
C. Notwithstanding subsection B or this section, the Commission may
deny a State's participation in the Compact or, in accordance with
the requirements of Section10.B, terminate a Participating
State's participation in the Compact, if it determines that a
constitutional requirement of a Participating State is, or would
be with respect to a State seeking to participate in the Compact,
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. BINDING EFFECT OF COMPACT AND OTHER LAWS
A. Nothing herein shall prevent the enforcement of any other law of
a Participating State that is not inconsistent with the Compact.
B. Any laws of a Participating State in conflict with the Compact
are superseded to the extent of the conflict.
C. All agreements between the Commission and the Participating
States are binding in accordance with their terms.
Sec. 268.002. ADMINISTRATION OF COMPACT. The board is the
Dentist and Dental Hygienist Compact administrator for this state.
Sec. 268.003. RULES. The board may adopt rules necessary to
implement this chapter.
SECTION 2. This Act takes effect September 1, 2023.