Texas 2023 - 88th Regular

Texas House Bill HB3039 Compare Versions

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1	1	88R20489 SCP-D
2	2	By: Klick, Garcia H.B. No. 3039
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the Dentist and Dental Hygienist Compact; authorizing
8	8	fees.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle D, Title 3, Occupations Code, is
11	11	amended by adding Chapter 268 to read as follows:
12	12	CHAPTER 268. DENTIST AND DENTAL HYGIENIST COMPACT
13	13	Sec. 268.001. DENTIST AND DENTAL HYGIENIST COMPACT. The
14	14	Dentist and Dental Hygienist Compact is enacted and entered into
15	15	with all other jurisdictions that legally join in the compact,
16	16	which reads as follows:
17	17	DENTIST AND DENTAL HYGIENIST COMPACT
18	18	SECTION 1. TITLE AND PURPOSE
19	19	This statute shall be known and cited as the Dentist and Dental
20	20	Hygienist Compact. The purposes of this Compact are to facilitate
21	21	the interstate practice of dentistry and dental hygiene and improve
22	22	public access to dentistry and dental hygiene services by providing
23	23	Dentists and Dental Hygienists licensed in a Participating State
24	24	the ability to practice in Participating States in which they are
25	25	not licensed. The Compact does this by establishing a pathway for a
26	26	Dentists and Dental Hygienists licensed in a Participating State to
27	27	obtain a Compact Privilege that authorizes them to practice in
28	28	another Participating State in which they are not licensed. The
29	29	Compact enables Participating States to protect the public health
30	30	and safety with respect to the practice of such Dentists and Dental
31	31	Hygienists, through the State's authority to regulate the practice
32	32	of dentistry and dental hygiene in the State. The Compact:
33	33	A. Enables Dentists and Dental Hygienists who qualify for a
34	34	Compact Privilege to practice in other Participating
35	35	States without satisfying burdensome and duplicative
36	36	requirements associated with securing a License to
37	37	practice in those States;
38	38	B. Promotes mobility and addresses workforce shortages
39	39	through each Participating State's acceptance of a Compact
40	40	Privilege to practice in that State;
41	41	C. Increases public access to qualified, licensed Dentists
42	42	and Dental Hygienists by creating a responsible,
43	43	streamlined pathway for Licensees to practice in
44	44	Participating States.
45	45	D. Enhances the ability of Participating States to protect
46	46	the public's health and safety;
47	47	E. Does not interfere with licensure requirements
48	48	established by a Participating State;
49	49	F. Facilitates the sharing of licensure and disciplinary
50	50	information among Participating States;
51	51	G. Requires Dentists and Dental Hygienists who practice in a
52	52	Participating State pursuant to a Compact Privilege to
53	53	practice within the Scope of Practice authorized in that
54	54	State;
55	55	H. Extends the authority of a Participating State to regulate
56	56	the practice of dentistry and dental hygiene within its
57	57	borders to Dentists and Dental Hygienists who practice in
58	58	the State through a Compact Privilege;
59	59	I. Promotes the cooperation of Participating State in
60	60	regulating the practice of dentistry and dental hygiene
61	61	within those States;
62	62	J. Facilitates the relocation of military members and their
63	63	spouses who are licensed to practice dentistry or dental
64	64	hygiene;
65	65	SECTION 2. DEFINITIONS
66	66	As used in this Compact, unless the context requires otherwise, the
67	67	following definitions shall apply:
68	68	A. "Active Military Member" means any person with full-time
69	69	duty status in the armed forces of the United States,
70	70	including members of the National Guard and Reserve.
71	71	B. "Adverse Action" means disciplinary action or encumbrance
72	72	imposed on a License or Compact Privilege by a State
73	73	Licensing Authority.
74	74	C. "Alternative Program" means a non-disciplinary monitoring
75	75	or practice remediation process applicable to a Dentist or
76	76	Dental Hygienist approved by a State Licensing Authority
77	77	of a Participating State in which the Dentist or Dental
78	78	Hygienist is licensed. This includes, but is not limited
79	79	to, programs to which Licensees with substance abuse or
80	80	addiction issues are referred in lieu of Adverse Action.
81	81	D. "Clinical Assessment" means examination or process,
82	82	required for licensure as a Dentist or Dental Hygienist as
83	83	applicable, that provides evidence of clinical competence
84	84	in dentistry or dental hygiene.
85	85	E. "Commissioner" means the individual appointed by a
86	86	Participating State to serve as the member of the
87	87	Commission for that Participating State.
88	88	F. "Compact" means this Dentist and Dental Hygienist
89	89	Compact.
90	90	G. "Compact Privilege" means the authorization granted by a
91	91	Remote State to allow a Licensee from a Participating
92	92	State to practice as a Dentist or Dental Hygienist in a
93	93	Remote State.
94	94	H. "Continuing Professional Development" means a
95	95	requirement, as a condition of License renewal to provide
96	96	evidence of successful participation in educational or
97	97	professional activities relevant to practice or area of
98	98	work.
99	99	I. "Criminal Background Check" means the submission of
100	100	fingerprints or other biometric-based information for a
101	101	License applicant for the purpose of obtaining that
102	102	applicant's criminal history record information, as
103	103	defined in 28 C.F.R. § 20.3(d) from the Federal Bureau of
104	104	Investigation and the State's criminal history record
105	105	repository as defined in 28 C.F.R. § 20.3(f).
106	106	J. "Data System" means the Commission's repository of
107	107	information about Licensees, including but not limited to
108	108	examination, licensure, investigative, Compact Privilege,
109	109	Adverse Action, and Alternative Program.
110	110	K. "Dental Hygienist" means an individual who is licensed by
111	111	a State Licensing Authority to practice dental hygiene.
112	112	L. "Dentist" means an individual who is licensed by a State
113	113	Licensing Authority to practice dentistry.
114	114	M. "Dentist and Dental Hygienist Compact Commission" or
115	115	"Commission" means a joint government agency established
116	116	by this Compact comprised of each State that has enacted
117	117	the Compact and a national administrative body comprised
118	118	of a Commissioner from each State that has enacted the
119	119	Compact.
120	120	N. "Encumbered License" means a License that a State
121	121	Licensing Authority has limited in any way other than
122	122	through an Alternative Program.
123	123	O. "Executive Board" means the Chair, Vice Chair, Secretary
124	124	and Treasurer and any other Commissioners as may be
125	125	determined by Commission Rule or bylaw.
126	126	P. "Jurisprudence Requirement" means the assessment of an
127	127	individual's knowledge of the laws and Rules governing the
128	128	practice of dentistry or dental hygiene, as applicable, in
129	129	a State.
130	130	Q. "License” means current authorization by a State, other
131	131	than authorization pursuant to a Compact Privilege, or
132	132	other privilege, for an individual to practice as a
133	133	Dentist or Dental Hygienist in that State.
134	134	R. "Licensee" means an individual who holds an unrestricted
135	135	License from a Participating State to practice as a
136	136	Dentist or Dental Hygienist in that State.
137	137	S. "Model Compact" the model for the Dentist and Dental
138	138	Hygienist Compact on file with the Council of State
139	139	Governments or other entity as designated by the
140	140	Commission.
141	141	T. "Participating State" means a State that has enacted the
142	142	Compact and been admitted to the Commission in accordance
143	143	with the provisions herein and Commission Rules.
144	144	U. "Qualifying License" means a License that is not an
145	145	Encumbered License issued by a Participating State to
146	146	practice dentistry or dental hygiene.
147	147	V. "Remote State" means a Participating State where a
148	148	Licensee who is not licensed as a Dentist or Dental
149	149	Hygienist is exercising or seeking to exercise the Compact
150	150	Privilege.
151	151	W. "Rule" means a regulation promulgated by an entity that
152	152	has the force of law.
153	153	X. "Scope of Practice" means the procedures, actions, and
154	154	processes a Dentist or Dental Hygienist licensed in a
155	155	State is permitted to undertake in that State and the
156	156	circumstances under which the Licensee is permitted to
157	157	undertake those procedures, actions and processes. Such
158	158	procedures, actions and processes and the circumstances
159	159	under which they may be undertaken may be established
160	160	through means, including, but not limited to, statute,
161	161	regulations, case law, and other processes available to
162	162	the State Licensing Authority or other government agency.
163	163	Y. "Significant Investigative Information" means
164	164	information, records, and documents received or generated
165	165	by a State Licensing Authority pursuant to an
166	166	investigation for which a determination has been made that
167	167	there is probable cause to believe that the Licensee has
168	168	violated a statute or regulation that is considered more
169	169	than a minor infraction for which the State Licensing
170	170	Authority could pursue Adverse Action against the
171	171	Licensee.
172	172	Z. "State" means any state, commonwealth, district, or
173	173	territory of the United States of America that regulates
174	174	the practices of dentistry and dental hygiene.
175	175	AA. "State Licensing Authority" means an agency or other
176	176	entity of a State that is responsible for the licensing and
177	177	regulation of Dentists or Dental Hygienists.
178	178	SECTION 3. STATE PARTICIPATION IN THE COMPACT
179	179	A. In order to join the Compact and thereafter continue as a
180	180	Participating State, a State must:
181	181	1. Enact a compact that is not materially different from the
182	182	Model Compact as determined in accordance with Commission
183	183	Rules;
184	184	2. Participate fully in the Commission's Data System;
185	185	3. Have a mechanism in place for receiving and investigating
186	186	complaints about its Licensees and License applicants;
187	187	4. Notify the Commission, in compliance with the terms of the
188	188	Compact and Commission Rules, of any Adverse Action or the
189	189	availability of Significant Investigative Information
190	190	regarding a Licensee and License applicant;
191	191	5. Fully implement a Criminal Background Check requirement,
192	192	within a time frame established by Commission Rule, by
193	193	receiving the results of a qualifying Criminal Background
194	194	Check;
195	195	6. Comply with the Commission Rules applicable to a
196	196	Participating State;
197	197	7. Accept the National Board Examinations of the Joint
198	198	Commission on National Dental Examinations or another
199	199	examination accepted by Commission Rule as a licensure
200	200	examination;
201	201	8. Accept for licensure that applicants for a Dentist License
202	202	graduate from a predoctoral dental education program
203	203	accredited by the Commission on Dental Accreditation, or
204	204	another accrediting agency recognized by the United States
205	205	Department of Education for the accreditation of dentistry
206	206	and dental hygiene education programs, leading to the
207	207	Doctor of Dental Surgery (D.D.S.) or Doctor of Dental
208	208	Medicine (D.M.D.) degree;
209	209	9. Accept for licensure that applicants for a Dental
210	210	Hygienist License graduate from a dental hygiene education
211	211	program accredited by the Commission on Dental
212	212	Accreditation or another accrediting agency recognized by
213	213	the United States Department of Education for the
214	214	accreditation of dentistry and dental hygiene education
215	215	programs;
216	216	10. Require for licensure that applicants successfully
217	217	complete a Clinical Assessment;
218	218	11. Have Continuing Professional Development requirements as
219	219	a condition for License renewal; and
220	220	12. Pay a participation fee to the Commission as established
221	221	by Commission Rule.
222	222	B. Providing alternative pathways for an individual to obtain an
223	223	unrestricted License does not disqualify a State from
224	224	participating in the Compact.
225	225	C. When conducting a Criminal Background Check the State Licensing
226	226	Authority shall:
227	227	1. Consider that information in making a licensure decision;
228	228	2. Maintain documentation of completion of the Criminal
229	229	Background Check and background check information to the
230	230	extent allowed by State and federal law; and
231	231	3. Report to the Commission whether it has completed the
232	232	Criminal Background Check and whether the individual was
233	233	granted or denied a License.
234	234	D. A Licensee of a Participating State who has a Qualifying License
235	235	in that State and does not hold an Encumbered License in any other
236	236	Participating State, shall be issued a Compact Privilege in a
237	237	Remote State in accordance with the terms of the Compact and
238	238	Commission Rules. If a Remote State has a Jurisprudence
239	239	Requirement a Compact Privilege will not be issued to the
240	240	Licensee unless the Licensee has satisfied the Jurisprudence
241	241	Requirement.
242	242	SECTION 4. COMPACT PRIVILEGE
243	243	A. To obtain and exercise the Compact Privilege under the terms and
244	244	provisions of the Compact, the Licensee shall:
245	245	1. Have a Qualifying License as a Dentist or Dental Hygienist
246	246	in a Participating State;
247	247	2. Be eligible for a Compact Privilege in any Remote State in
248	248	accordance with D, G and H of this section;
249	249	3. Submit to an application process whenever the Licensee is
250	250	seeking a Compact Privilege;
251	251	4. Pay any applicable Commission and Remote State fees for a
252	252	Compact Privilege in the Remote State;
253	253	5. Meet any Jurisprudence Requirement established by a
254	254	Remote State in which the Licensee is seeking a Compact
255	255	Privilege;
256	256	6. Have passed a National Board Examination of the Joint
257	257	Commission on National Dental Examinations or another
258	258	examination accepted by Commission Rule;
259	259	7. For a Dentist, have graduated from a predoctoral dental
260	260	education program accredited by the Commission on Dental
261	261	Accreditation, or another accrediting agency recognized
262	262	by the United States Department of Education for the
263	263	accreditation of dentistry and dental hygiene education
264	264	programs, leading to the Doctor of Dental Surgery (D.D.S.)
265	265	or Doctor of Dental Medicine (D.M.D.) degree;
266	266	8. For a Dental Hygienist, have graduated from a dental
267	267	hygiene education program accredited by the Commission on
268	268	Dental Accreditation or another accrediting agency
269	269	recognized by the United States Department of Education
270	270	for the accreditation of dentistry and dental hygiene
271	271	education programs;
272	272	9. Have successfully completed a Clinical Assessment for
273	273	licensure;
274	274	10. Report to the Commission Adverse Action taken by any
275	275	non-Participating State when applying for a Compact
276	276	Privilege and, otherwise, within thirty (30) days from the
277	277	date the Adverse Action is taken;
278	278	11. Report to the Commission when applying for a Compact
279	279	Privilege the address of the Licensee's primary residence
280	280	and thereafter immediately report to the Commission any
281	281	change in the address of the Licensee's primary residence;
282	282	and
283	283	12. Consent to accept service of process by mail at the
284	284	Licensee's primary residence on record with the Commission
285	285	with respect to any action brought against the Licensee by
286	286	the Commission or a Participating State, and consent to
287	287	accept service of a subpoena by mail at the Licensee's
288	288	primary residence on record with the Commission with
289	289	respect to any action brought or investigation conducted
290	290	by the Commission or a Participating State.
291	291	B. The Licensee must comply with the requirements of subsection A
292	292	of this section to maintain the Compact Privilege in the Remote
293	293	State. If those requirements are met, the Compact Privilege will
294	294	continue as long as the Licensee maintains a Qualifying License
295	295	in the State through which the Licensee applied for the Compact
296	296	Privilege and pays any applicable Compact Privilege renewal fees.
297	297	C. A Licensee providing dentistry or dental hygiene in a Remote
298	298	State under the Compact Privilege shall function within the Scope
299	299	of Practice authorized by the Remote State for a Dentist or Dental
300	300	Hygienist licensed in that State.
301	301	D. A Licensee providing dentistry or dental hygiene pursuant to a
302	302	Compact Privilege in a Remote State is subject to that State's
303	303	regulatory authority. A Remote State may, in accordance with due
304	304	process and that State's laws, by Adverse Action revoke or remove
305	305	a Licensee's Compact Privilege in the Remote State for a specific
306	306	period of time and impose fines or take any other necessary
307	307	actions to protect the health and safety of its citizens. If a
308	308	Remote State imposes an Adverse Action against a Compact
309	309	Privilege that limits the Compact Privilege, that Adverse Action
310	310	applies to all Compact Privileges in all Remote States. A
311	311	Licensee whose Compact Privilege in a Remote State is removed for
312	312	a specified period of time is not eligible for a Compact Privilege
313	313	in any other Remote State until the specific time for removal of
314	314	the Compact Privilege has passed and all encumbrance requirements
315	315	are satisfied.
316	316	E. If a License in a Participating State is an Encumbered License,
317	317	the Licensee shall lose the Compact Privilege in a Remote State
318	318	and shall not be eligible for a Compact Privilege in any Remote
319	319	State until the License is no longer encumbered.
320	320	F. Once an Encumbered License in a Participating State is restored
321	321	to good standing, the Licensee must meet the requirements of
322	322	subsection A of this section to obtain a Compact Privilege in a
323	323	Remote State.
324	324	G. If a Licensee's Compact Privilege in a Remote State is removed by
325	325	the Remote State, the individual shall lose or be ineligible for
326	326	the Compact Privilege in any Remote State until the following
327	327	occur:
328	328	1. The specific period of time for which the Compact
329	329	Privilege was removed has ended; and
330	330	2. All conditions for removal of the Compact Privilege have
331	331	been satisfied.
332	332	H. Once the requirements of subsection G of this section have been
333	333	met, the Licensee must meet the requirements in subsection A of
334	334	this section to obtain a Compact Privilege in a Remote State.
335	335	SECTION 5. ACTIVE MILITARY MEMBER OR THEIR SPOUSES
336	336	An Active Military Member and their spouse shall not be required to
337	337	pay to the Commission for a Compact Privilege the fee otherwise
338	338	charged by the Commission. If a Remote State chooses to charge a fee
339	339	for a Compact Privilege, it may choose to charge a reduced fee or no
340	340	fee to an Active Military Member and their spouse for a Compact
341	341	Privilege.
342	342	SECTION 6. ADVERSE ACTIONS
343	343	A. A Participating State in which a Licensee is licensed shall have
344	344	exclusive authority to impose Adverse Action against the
345	345	Qualifying License issued by that Participating State.
346	346	B. A Participating State may take Adverse Action based on the
347	347	Significant Investigative Information of a Remote State, so long
348	348	as the Participating State follows its own procedures for
349	349	imposing Adverse Action.
350	350	C. Nothing in this Compact shall override a Participating State's
351	351	decision that participation in an Alternative Program may be used
352	352	in lieu of Adverse Action and that such participation shall
353	353	remain non-public if required by the Participating State's laws.
354	354	Participating States must require Licensees who enter any
355	355	Alternative Program in lieu of discipline to agree not to
356	356	practice pursuant to a Compact Privilege in any other
357	357	Participating State during the term of the Alternative Program
358	358	without prior authorization from such other Participating State.
359	359	D. Any Participating State in which a Licensee is applying to
360	360	practice or is practicing pursuant to a Compact Privilege may
361	361	investigate actual or alleged violations of the statutes and
362	362	regulations authorizing the practice of dentistry or dental
363	363	hygiene in any other Participating State in which the Dentist or
364	364	Dental Hygienist holds a License or Compact Privilege.
365	365	E. A Remote State shall have the authority to:
366	366	1. Take Adverse Actions as set forth in Section 4.D against a
367	367	Licensee's Compact Privilege in the State;
368	368	2. In furtherance of its rights and responsibilities under
369	369	the Compact and the Commission's Rules issue subpoenas for
370	370	both hearings and investigations that require the
371	371	attendance and testimony of witnesses, and the production
372	372	of evidence. Subpoenas issued by a State Licensing
373	373	Authority in a Participating State for the attendance and
374	374	testimony of witnesses, or the production of evidence from
375	375	another Participating State, shall be enforced in the
376	376	latter State by any court of competent jurisdiction,
377	377	according to the practice and procedure of that court
378	378	applicable to subpoenas issued in proceedings pending
379	379	before it. The issuing authority shall pay any witness
380	380	fees, travel expenses, mileage, and other fees required by
381	381	the service statutes of the State where the witnesses or
382	382	evidence are located; and
383	383	3. If otherwise permitted by State law, recover from the
384	384	Licensee the costs of investigations and disposition of
385	385	cases resulting from any Adverse Action taken against that
386	386	Licensee.
387	387	F. Joint Investigations
388	388	1. In addition to the authority granted to a Participating
389	389	State by its Dentist or Dental Hygienist licensure act or
390	390	other applicable State law, a Participating State may
391	391	jointly investigate Licensees with other Participating
392	392	States.
393	393	2. Participating States shall share any Significant
394	394	Investigative Information, litigation, or compliance
395	395	materials in furtherance of any joint or individual
396	396	investigation initiated under the Compact.
397	397	G. Authority to Continue Investigation
398	398	1. After a Licensee's Compact Privilege in a Remote State is
399	399	terminated, the Remote State may continue an investigation
400	400	of the Licensee that began when the Licensee had a Compact
401	401	Privilege in that Remote State.
402	402	2. If the investigation yields what would be Significant
403	403	Investigative Information had the Licensee continued to
404	404	have a Compact Privilege in that Remote State, the Remote
405	405	State shall report the presence of such information to the
406	406	Data System as required by Section 8.B.6 as if it was
407	407	Significant Investigative Information.
408	408	SECTION 7. ESTABLISHMENT AND OPERATION OF THE COMMISSION.
409	409	A. The Compact Participating States hereby create and establish a
410	410	joint government agency whose membership consists of all
411	411	Participating States that have enacted the Compact. The
412	412	Commission is an instrumentality of the Participating States
413	413	acting jointly and not an instrumentality of any one State. The
414	414	Commission shall come into existence on or after the effective
415	415	date of the Compact as set forth in Section 11A.
416	416	B. Participation, Voting, and Meetings
417	417	1. Each Participating State shall have and be limited to one
418	418	(1) Commissioner selected by that Participating State's
419	419	State Licensing Authority or, if the State has more than
420	420	one State Licensing Authority, selected collectively by
421	421	the State Licensing Authorities.
422	422	2. The Commissioner shall be a member or designee of such
423	423	Authority or Authorities.
424	424	3. The Commission may by Rule or bylaw establish a term of
425	425	office for Commissioners and may by Rule or bylaw
426	426	establish term limits.
427	427	4. The Commission may recommend to a State Licensing
428	428	Authority or Authorities, as applicable, removal or
429	429	suspension of an individual as the State's Commissioner.
430	430	5. A Participating State's State Licensing Authority, or
431	431	Authorities, as applicable, shall fill any vacancy of its
432	432	Commissioner on the Commission within sixty (60) days of
433	433	the vacancy.
434	434	6. Each Commissioner shall be entitled to one vote on all
435	435	matters that are voted upon by the Commission.
436	436	7. The Commission shall meet at least once during each
437	437	calendar year. Additional meetings may be held as set
438	438	forth in the bylaws. The Commission may meet by
439	439	telecommunication, video conference or other similar
440	440	electronic means.
441	441	C. The Commission shall have the following powers:
442	442	1. Establish the fiscal year of the Commission;
443	443	2. Establish a code of conduct and conflict of interest
444	444	policies;
445	445	3. Adopt Rules and bylaws;
446	446	4. Maintain its financial records in accordance with the
447	447	bylaws;
448	448	5. Meet and take such actions as are consistent with the
449	449	provisions of this Compact, the Commission's Rules, and
450	450	the bylaws;
451	451	6. Initiate and conclude legal proceedings or actions in the
452	452	name of the Commission, provided that the standing of any
453	453	State Licensing Authority to sue or be sued under
454	454	applicable law shall not be affected;
455	455	7. Maintain and certify records and information provided to a
456	456	Participating State as the authenticated business records
457	457	of the Commission, and designate a person to do so on the
458	458	Commission's behalf;
459	459	8. Purchase and maintain insurance and bonds;
460	460	9. Borrow, accept, or contract for services of personnel,
461	461	including, but not limited to, employees of a
462	462	Participating State;
463	463	10. Conduct an annual financial review;
464	464	11. Hire employees, elect or appoint officers, fix
465	465	compensation, define duties, grant such individuals
466	466	appropriate authority to carry out the purposes of the
467	467	Compact, and establish the Commission's personnel
468	468	policies and programs relating to conflicts of interest,
469	469	qualifications of personnel, and other related personnel
470	470	matters;
471	471	12. As set forth in the Commission Rules, charge a fee to a
472	472	Licensee for the grant of a Compact Privilege in a Remote
473	473	State and thereafter, as may be established by Commission
474	474	Rule, charge the Licensee a Compact Privilege renewal fee
475	475	for each renewal period in which that Licensee exercises
476	476	or intends to exercise the Compact Privilege in that
477	477	Remote State. Nothing herein shall be construed to prevent
478	478	a Remote State from charging a Licensee a fee for a Compact
479	479	Privilege or renewals of a Compact Privilege, or a fee for
480	480	the Jurisprudence Requirement if the Remote State imposes
481	481	such a requirement for the grant of a Compact Privilege;
482	482	13. Accept any and all appropriate gifts, donations, grants
483	483	of money, other sources of revenue, equipment, supplies,
484	484	materials, and services, and receive, utilize, and dispose
485	485	of the same; provided that at all times the Commission
486	486	shall avoid any appearance of impropriety and/or conflict
487	487	of interest;
488	488	14. Lease, purchase, retain, own, hold, improve, or use any
489	489	property, real, personal, or mixed, or any undivided
490	490	interest therein;
491	491	15. Sell, convey, mortgage, pledge, lease, exchange,
492	492	abandon, or otherwise dispose of any property real,
493	493	personal, or mixed;
494	494	16. Establish a budget and make expenditures;
495	495	17. Borrow money;
496	496	18. Appoint committees, including standing committees, which
497	497	may be composed of members, State regulators, State
498	498	legislators or their representatives, and consumer
499	499	representatives, and such other interested persons as may
500	500	be designated in this Compact and the bylaws;
501	501	19. Provide and receive information from, and cooperate
502	502	with, law enforcement agencies;
503	503	20. Elect a Chair, Vice Chair, Secretary and Treasurer and
504	504	such other officers of the Commission as provided in the
505	505	Commission's bylaws;
506	506	21. Establish and elect an Executive Board;
507	507	22. Adopt and provide to the Participating States an annual
508	508	report;
509	509	23. Determine whether a State's enacted compact is
510	510	materially different from the Model Compact language such
511	511	that the State would not qualify for participation in the
512	512	Compact; and
513	513	24. Perform such other functions as may be necessary or
514	514	appropriate to achieve the purposes of this Compact.
515	515	D. Meetings of the Commission
516	516	1. All meetings of the Commission that are not closed
517	517	pursuant to this subsection shall be open to the public.
518	518	Notice of public meetings shall be posted on the
519	519	Commission's website at least thirty (30) days prior to
520	520	the public meeting.
521	521	2. Notwithstanding subsection D.1 of this section, the
522	522	Commission may convene an emergency public meeting by
523	523	providing at least twenty-four (24) hours prior notice on
524	524	the Commission's website, and any other means as provided
525	525	in the Commission's Rules, for any of the reasons it may
526	526	dispense with notice of proposed rulemaking under Section
527	527	9.L. The Commission's legal counsel shall certify that one
528	528	of the reasons justifying an emergency public meeting has
529	529	been met.
530	530	3. Notice of all Commission meetings shall provide the time,
531	531	date, and location of the meeting, and if the meeting is to
532	532	be held or accessible via telecommunication, video
533	533	conference, or other electronic means, the notice shall
534	534	include the mechanism for access to the meeting through
535	535	such means.
536	536	4. The Commission may convene in a closed, non-public meeting
537	537	for the Commission to receive legal advice or to discuss:
538	538	a. Non-compliance of a Participating State with its
539	539	obligations under the Compact;
540	540	b. The employment, compensation, discipline or other
541	541	matters, practices or procedures related to specific
542	542	employees or other matters related to the
543	543	Commission's internal personnel practices and
544	544	procedures;
545	545	c. Current or threatened discipline of a Licensee or
546	546	Compact Privilege holder by the Commission or by a
547	547	Participating State's Licensing Authority;
548	548	d. Current, threatened, or reasonably anticipated
549	549	litigation;
550	550	e. Negotiation of contracts for the purchase, lease, or
551	551	sale of goods, services, or real estate;
552	552	f. Accusing any person of a crime or formally censuring
553	553	any person;
554	554	g. Trade secrets or commercial or financial information
555	555	that is privileged or confidential;
556	556	h. Information of a personal nature where disclosure
557	557	would constitute a clearly unwarranted invasion of
558	558	personal privacy;
559	559	i. Investigative records compiled for law enforcement
560	560	purposes;
561	561	j. Information related to any investigative reports
562	562	prepared by or on behalf of or for use of the
563	563	Commission or other committee charged with
564	564	responsibility of investigation or determination of
565	565	compliance issues pursuant to the Compact;
566	566	k. Legal advice;
567	567	l. Matters specifically exempted from disclosure to the
568	568	public by federal or Participating State law; and
569	569	m. Other matters as promulgated by the Commission by
570	570	Rule.
571	571	5. If a meeting, or portion of a meeting, is closed, the
572	572	presiding officer shall state that the meeting will be
573	573	closed and reference each relevant exempting provision,
574	574	and such reference shall be recorded in the minutes.
575	575	6. The Commission shall keep minutes that fully and clearly
576	576	describe all matters discussed in a meeting and shall
577	577	provide a full and accurate summary of actions taken, and
578	578	the reasons therefore, including a description of the
579	579	views expressed. All documents considered in connection
580	580	with an action shall be identified in such minutes. All
581	581	minutes and documents of a closed meeting shall remain
582	582	under seal, subject to release only by a majority vote of
583	583	the Commission or order of a court of competent
584	584	jurisdiction.
585	585	E. Financing of the Commission
586	586	1. The Commission shall pay, or provide for the payment of,
587	587	the reasonable expenses of its establishment,
588	588	organization, and ongoing activities.
589	589	2. The Commission may accept any and all appropriate sources
590	590	of revenue, donations, and grants of money, equipment,
591	591	supplies, materials, and services.
592	592	3. The Commission may levy on and collect an annual
593	593	assessment from each Participating State and impose fees
594	594	on Licensees of Participating States when a Compact
595	595	Privilege is granted, to cover the cost of the operations
596	596	and activities of the Commission and its staff, which must
597	597	be in a total amount sufficient to cover its annual budget
598	598	as approved each fiscal year for which sufficient revenue
599	599	is not provided by other sources. The aggregate annual
600	600	assessment amount for Participating States shall be
601	601	allocated based upon a formula that the Commission shall
602	602	promulgate by Rule.
603	603	4. The Commission shall not incur obligations of any kind
604	604	prior to securing the funds adequate to meet the same; nor
605	605	shall the Commission pledge the credit of any
606	606	Participating State, except by and with the authority of
607	607	the Participating State.
608	608	5. The Commission shall keep accurate accounts of all
609	609	receipts and disbursements. The receipts and
610	610	disbursements of the Commission shall be subject to the
611	611	financial review and accounting procedures established
612	612	under its bylaws. All receipts and disbursements of funds
613	613	handled by the Commission shall be subject to an annual
614	614	financial review by a certified or licensed public
615	615	accountant, and the report of the financial review shall
616	616	be included in and become part of the annual report of the
617	617	Commission.
618	618	F. The Executive Board
619	619	1. The Executive Board shall have the power to act on behalf
620	620	of the Commission according to the terms of this Compact.
621	621	The powers, duties, and responsibilities of the Executive
622	622	Board shall include:
623	623	a. Overseeing the day-to-day activities of the
624	624	administration of the Compact including compliance
625	625	with the provisions of the Compact, the Commission's
626	626	Rules and bylaws;
627	627	b. Recommending to the Commission changes to the Rules
628	628	or bylaws, changes to this Compact legislation, fees
629	629	charged to Compact Participating States, fees charged
630	630	to Licensees, and other fees;
631	631	c. Ensuring Compact administration services are
632	632	appropriately provided, including by contract;
633	633	d. Preparing and recommending the budget;
634	634	e. Maintaining financial records on behalf of the
635	635	Commission;
636	636	f. Monitoring Compact compliance of Participating
637	637	States and providing compliance reports to the
638	638	Commission;
639	639	g. Establishing additional committees as necessary;
640	640	h. Exercising the powers and duties of the Commission
641	641	during the interim between Commission meetings,
642	642	except for adopting or amending Rules, adopting or
643	643	amending bylaws, and exercising any other powers and
644	644	duties expressly reserved to the Commission by Rule or
645	645	bylaw; and
646	646	i. Other duties as provided in the Rules or bylaws of
647	647	the Commission.
648	648	2. The Executive Board shall be composed of up to seven (7)
649	649	members:
650	650	a. The Chair, Vice Chair, Secretary and Treasurer of
651	651	the Commission and any other members of the Commission
652	652	who serve on the Executive Board shall be voting
653	653	members of the Executive Board; and
654	654	b. Other than the Chair, Vice Chair, Secretary, and
655	655	Treasurer, the Commission may elect up to three (3)
656	656	voting members from the current membership of the
657	657	Commission.
658	658	3. The Commission may remove any member of the Executive
659	659	Board as provided in the Commission's bylaws.
660	660	4. The Executive Board shall meet at least annually.
661	661	a. An Executive Board meeting at which it takes or
662	662	intends to take formal action on a matter shall be
663	663	open to the public, except that the Executive Board
664	664	may meet in a closed, non-public session of a public
665	665	meeting when dealing with any of the matters covered
666	666	under subsection D.4.
667	667	b. The Executive Board shall give five (5) business
668	668	days' notice of its public meetings, posted on its
669	669	website and as it may otherwise determine to provide
670	670	notice to persons with an interest in the public
671	671	matters the Executive Board intends to address at
672	672	those meetings.
673	673	5. The Executive Board may hold an emergency meeting when
674	674	acting for the Commission to:
675	675	a. Meet an imminent threat to public health, safety, or
676	676	welfare;
677	677	b. Prevent a loss of Commission or Participating State
678	678	funds; or
679	679	c. Protect public health and safety.
680	680	G. Qualified Immunity, Defense, and Indemnification
681	681	1. The members, officers, executive director, employees and
682	682	representatives of the Commission shall be immune from
683	683	suit and liability, both personally and in their official
684	684	capacity, for any claim for damage to or loss of property
685	685	or personal injury or other civil liability caused by or
686	686	arising out of any actual or alleged act, error, or
687	687	omission that occurred, or that the person against whom
688	688	the claim is made had a reasonable basis for believing
689	689	occurred within the scope of Commission employment, duties
690	690	or responsibilities; provided that nothing in this
691	691	paragraph shall be construed to protect any such person
692	692	from suit or liability for any damage, loss, injury, or
693	693	liability caused by the intentional or willful or wanton
694	694	misconduct of that person. The procurement of insurance of
695	695	any type by the Commission shall not in any way compromise
696	696	or limit the immunity granted hereunder.
697	697	2. The Commission shall defend any member, officer,
698	698	executive director, employee, and representative of the
699	699	Commission in any civil action seeking to impose liability
700	700	arising out of any actual or alleged act, error, or
701	701	omission that occurred within the scope of Commission
702	702	employment, duties, or responsibilities, or as determined
703	703	by the Commission that the person against whom the claim is
704	704	made had a reasonable basis for believing occurred within
705	705	the scope of Commission employment, duties, or
706	706	responsibilities; provided that nothing herein shall be
707	707	construed to prohibit that person from retaining their own
708	708	counsel at their own expense; and provided further, that
709	709	the actual or alleged act, error, or omission did not
710	710	result from that person's intentional or willful or wanton
711	711	misconduct.
712	712	3. Notwithstanding subsection G.1 of this section, should
713	713	any member, officer, executive director, employee, or
714	714	representative of the Commission be held liable for the
715	715	amount of any settlement or judgment arising out of any
716	716	actual or alleged act, error, or omission that occurred
717	717	within the scope of that individual's employment, duties,
718	718	or responsibilities for the Commission, or that the person
719	719	to whom that individual is liable had a reasonable basis
720	720	for believing occurred within the scope of the
721	721	individual's employment, duties, or responsibilities for
722	722	the Commission, the Commission shall indemnify and hold
723	723	harmless such individual, provided that the actual or
724	724	alleged act, error, or omission did not result from the
725	725	intentional or willful or wanton misconduct of the
726	726	individual.
727	727	4. Nothing herein shall be construed as a limitation on the
728	728	liability of any Licensee for professional malpractice or
729	729	misconduct, which shall be governed solely by any other
730	730	applicable State laws.
731	731	5. Nothing in this Compact shall be interpreted to waive or
732	732	otherwise abrogate a Participating State's state action
733	733	immunity or state action affirmative defense with respect
734	734	to antitrust claims under the Sherman Act, Clayton Act, or
735	735	any other State or federal antitrust or anticompetitive
736	736	law or regulation.
737	737	6. Nothing in this Compact shall be construed to be a waiver
738	738	of sovereign immunity by the Participating States or by
739	739	the Commission.
740	740	SECTION 8. DATA SYSTEM
741	741	A. The Commission shall provide for the development, maintenance,
742	742	operation, and utilization of a coordinated database and
743	743	reporting system containing licensure, Adverse Action, and the
744	744	presence of Significant Investigative Information on all
745	745	Licensees and applicants for a License in Participating States.
746	746	B. Notwithstanding any other provision of State law to the
747	747	contrary, a Participating State shall submit a uniform data set
748	748	to the Data System on all individuals to whom this Compact is
749	749	applicable as required by the Rules of the Commission, including:
750	750	1. Identifying information;
751	751	2. Licensure data;
752	752	3. Adverse Actions against a Licensee, License applicant or
753	753	Compact Privilege and information related thereto;
754	754	4. Non-confidential information related to Alternative
755	755	Program participation, the beginning and ending dates of
756	756	such participation, and other information related to such
757	757	participation;
758	758	5. Any denial of an application for licensure, and the
759	759	reason(s) for such denial, (excluding the reporting of any
760	760	criminal history record information where prohibited by
761	761	law);
762	762	6. The presence of Significant Investigative Information;
763	763	and
764	764	7. Other information that may facilitate the administration
765	765	of this Compact or the protection of the public, as
766	766	determined by the Rules of the Commission.
767	767	C. The records and information provided to a Participating State
768	768	pursuant to this Compact or through the Data System, when
769	769	certified by the Commission or an agent thereof, shall constitute
770	770	the authenticated business records of the Commission, and shall
771	771	be entitled to any associated hearsay exception in any relevant
772	772	judicial, quasi-judicial or administrative proceedings in a
773	773	Participating State.
774	774	D. Significant Investigative Information pertaining to a Licensee
775	775	in any Participating State will only be available to other
776	776	Participating States.
777	777	E. It is the responsibility of the Participating States to monitor
778	778	the database to determine whether Adverse Action has been taken
779	779	against a Licensee or License applicant. Adverse Action
780	780	information pertaining to a Licensee or License applicant in any
781	781	Participating State will be available to any other Participating
782	782	State.
783	783	F. Participating States contributing information to the Data
784	784	System may designate information that may not be shared with the
785	785	public without the express permission of the contributing State.
786	786	G. Any information submitted to the Data System that is
787	787	subsequently expunged pursuant to federal law or the laws of the
788	788	Participating State contributing the information shall be
789	789	removed from the Data System.
790	790	SECTION 9. RULEMAKING
791	791	A. The Commission shall promulgate reasonable Rules in order to
792	792	effectively and efficiently implement and administer the
793	793	purposes and provisions of the Compact. A Commission Rule shall
794	794	be invalid and have no force or effect only if a court of
795	795	competent jurisdiction holds that the Rule is invalid because the
796	796	Commission exercised its rulemaking authority in a manner that is
797	797	beyond the scope and purposes of the Compact, or the powers
798	798	granted hereunder, or based upon another applicable standard of
799	799	review.
800	800	B. The Rules of the Commission shall have the force of law in each
801	801	Participating State, provided however that where the Rules of the
802	802	Commission conflict with the laws of the Participating State that
803	803	establish the Participating State's Scope of Practice as held by a
804	804	court of competent jurisdiction, the Rules of the Commission
805	805	shall be ineffective in that State to the extent of the conflict.
806	806	C. The Commission shall exercise its Rulemaking powers pursuant to
807	807	the criteria set forth in this section and the Rules adopted
808	808	thereunder. Rules shall become binding as of the date specified
809	809	by the Commission for each Rule.
810	810	D. If a majority of the legislatures of the Participating States
811	811	rejects a Commission Rule or portion of a Commission Rule, by
812	812	enactment of a statute or resolution in the same manner used to
813	813	adopt the Compact, within four (4) years of the date of adoption
814	814	of the Rule, then such Rule shall have no further force and effect
815	815	in any Participating State or to any State applying to
816	816	participate in the Compact.
817	817	E. Rules shall be adopted at a regular or special meeting of the
818	818	Commission.
819	819	F. Prior to adoption of a proposed Rule, the Commission shall hold a
820	820	public hearing and allow persons to provide oral and written
821	821	comments, data, facts, opinions, and arguments.
822	822	G. Prior to adoption of a proposed Rule by the Commission, and at
823	823	least thirty (30) days in advance of the meeting at which the
824	824	Commission will hold a public hearing on the proposed Rule, the
825	825	Commission shall provide a Notice of Proposed Rulemaking:
826	826	1. On the website of the Commission or other publicly
827	827	accessible platform;
828	828	2. To persons who have requested notice of the Commission's
829	829	notices of proposed rulemaking, and
830	830	3. In such other way(s) as the Commission may by Rule
831	831	specify.
832	832	H. The Notice of Proposed Rulemaking shall include:
833	833	1. The time, date, and location of the public hearing at
834	834	which the Commission will hear public comments on the
835	835	proposed Rule and, if different, the time, date, and
836	836	location of the meeting where the Commission will consider
837	837	and vote on the proposed Rule;
838	838	2. If the hearing is held via telecommunication, video
839	839	conference, or other electronic means, the Commission
840	840	shall include the mechanism for access to the hearing in
841	841	the Notice of Proposed Rulemaking;
842	842	3. The text of the proposed Rule and the reason therefor;
843	843	4. A request for comments on the proposed Rule from any
844	844	interested person; and
845	845	5. The manner in which interested persons may submit written
846	846	comments.
847	847	I. All hearings will be recorded. A copy of the recording and all
848	848	written comments and documents received by the Commission in
849	849	response to the proposed Rule shall be available to the public.
850	850	J. Nothing in this section shall be construed as requiring a
851	851	separate hearing on each Commission Rule. Rules may be grouped
852	852	for the convenience of the Commission at hearings required by
853	853	this section.
854	854	K. The Commission shall, by majority vote of all Commissioners,
855	855	take final action on the proposed Rule based on the rulemaking
856	856	record.
857	857	1. The Commission may adopt changes to the proposed Rule
858	858	provided the changes do not enlarge the original purpose
859	859	of the proposed Rule.
860	860	2. The Commission shall provide an explanation of the reasons
861	861	for substantive changes made to the proposed Rule as well
862	862	as reasons for substantive changes not made that were
863	863	recommended by commenters.
864	864	3. The Commission shall determine a reasonable effective
865	865	date for the Rule. Except for an emergency as provided in
866	866	subsection L, the effective date of the Rule shall be no
867	867	sooner than thirty (30) days after the Commission issuing
868	868	the notice that it adopted or amended the Rule.
869	869	L. Upon determination that an emergency exists, the Commission may
870	870	consider and adopt an emergency Rule with 24 hours' notice, with
871	871	opportunity to comment, provided that the usual rulemaking
872	872	procedures provided in the Compact and in this section shall be
873	873	retroactively applied to the Rule as soon as reasonably possible,
874	874	in no event later than ninety (90) days after the effective date
875	875	of the Rule. For the purposes of this provision, an emergency Rule
876	876	is one that must be adopted immediately in order to:
877	877	1. Meet an imminent threat to public health, safety, or
878	878	welfare;
879	879	2. Prevent a loss of Commission or Participating State funds;
880	880	3. Meet a deadline for the promulgation of a Rule that is
881	881	established by federal law or rule; or
882	882	4. Protect public health and safety.
883	883	M. The Commission or an authorized committee of the Commission may
884	884	direct revisions to a previously adopted Rule for purposes of
885	885	correcting typographical errors, errors in format, errors in
886	886	consistency, or grammatical errors. Public notice of any
887	887	revisions shall be posted on the website of the Commission. The
888	888	revision shall be subject to challenge by any person for a period
889	889	of thirty (30) days after posting. The revision may be challenged
890	890	only on grounds that the revision results in a material change to
891	891	a Rule. A challenge shall be made in writing and delivered to the
892	892	Commission prior to the end of the notice period. If no challenge
893	893	is made, the revision will take effect without further action. If
894	894	the revision is challenged, the revision may not take effect
895	895	without the approval of the Commission.
896	896	N. No Participating State's rulemaking requirements shall apply
897	897	under this Compact
898	898	SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
899	899	A. Oversight
900	900	1. The executive and judicial branches of State government in
901	901	each Participating State shall enforce this Compact and
902	902	take all actions necessary and appropriate to implement
903	903	the Compact.
904	904	2. Venue is proper and judicial proceedings by or against the
905	905	Commission shall be brought solely and exclusively in a
906	906	court of competent jurisdiction where the principal office
907	907	of the Commission is located. The Commission may waive
908	908	venue and jurisdictional defenses to the extent it adopts
909	909	or consents to participate in alternative dispute
910	910	resolution proceedings. Nothing herein shall affect or
911	911	limit the selection or propriety of venue in any action
912	912	against a Licensee for professional malpractice,
913	913	misconduct or any such similar matter.
914	914	3. The Commission shall be entitled to receive service of
915	915	process in any proceeding regarding the enforcement or
916	916	interpretation of the Compact or Commission Rule and shall
917	917	have standing to intervene in such a proceeding for all
918	918	purposes. Failure to provide the Commission service of
919	919	process shall render a judgment or order void as to the
920	920	Commission, this Compact, or promulgated Rules.
921	921	B. Default, Technical Assistance, and Termination
922	922	1. If the Commission determines that a Participating State
923	923	has defaulted in the performance of its obligations or
924	924	responsibilities under this Compact or the promulgated
925	925	Rules, the Commission shall provide written notice to the
926	926	defaulting State. The notice of default shall describe the
927	927	default, the proposed means of curing the default, and any
928	928	other action that the Commission may take, and shall offer
929	929	training and specific technical assistance regarding the
930	930	default.
931	931	2. The Commission shall provide a copy of the notice of
932	932	default to the other Participating States.
933	933	C. If a State in default fails to cure the default, the defaulting
934	934	State may be terminated from the Compact upon an affirmative vote
935	935	of a majority of the Commissioners, and all rights, privileges
936	936	and benefits conferred on that State by this Compact may be
937	937	terminated on the effective date of termination. A cure of the
938	938	default does not relieve the offending State of obligations or
939	939	liabilities incurred during the period of default.
940	940	D. Termination of participation in the Compact shall be imposed
941	941	only after all other means of securing compliance have been
942	942	exhausted. Notice of intent to suspend or terminate shall be
943	943	given by the Commission to the governor, the majority and
944	944	minority leaders of the defaulting State's legislature, the
945	945	defaulting State's State Licensing Authority or Authorities, as
946	946	applicable, and each of the Participating States' State Licensing
947	947	Authority or Authorities, as applicable.
948	948	E. A State that has been terminated is responsible for all
949	949	assessments, obligations, and liabilities incurred through the
950	950	effective date of termination, including obligations that extend
951	951	beyond the effective date of termination.
952	952	F. Upon the termination of a State's participation in this Compact,
953	953	that State shall immediately provide notice to all Licensees of
954	954	the State, including Licensees of other Participating States
955	955	issued a Compact Privilege to practice within that State, of such
956	956	termination. The terminated State shall continue to recognize all
957	957	Compact Privileges then in effect in that State for a minimum of
958	958	one hundred eighty (180) days after the date of said notice of
959	959	termination.
960	960	G. The Commission shall not bear any costs related to a State that
961	961	is found to be in default or that has been terminated from the
962	962	Compact, unless agreed upon in writing between the Commission and
963	963	the defaulting State.
964	964	H. The defaulting State may appeal the action of the Commission by
965	965	petitioning the U.S. District Court for the District of Columbia
966	966	or the federal district where the Commission has its principal
967	967	offices. The prevailing party shall be awarded all costs of such
968	968	litigation, including reasonable attorney's fees.
969	969	I. Dispute Resolution
970	970	1. Upon request by a Participating State, the Commission
971	971	shall attempt to resolve disputes related to the Compact
972	972	that arise among Participating States and between
973	973	Participating States and non-Participating States.
974	974	2. The Commission shall promulgate a Rule providing for both
975	975	mediation and binding dispute resolution for disputes as
976	976	appropriate.
977	977	J. Enforcement
978	978	1. The Commission, in the reasonable exercise of its
979	979	discretion, shall enforce the provisions of this Compact
980	980	and the Commission's Rules.
981	981	2. By majority vote, the Commission may initiate legal action
982	982	against a Participating State in default in the United
983	983	States District Court for the District of Columbia or the
984	984	federal district where the Commission has its principal
985	985	offices to enforce compliance with the provisions of the
986	986	Compact and its promulgated Rules. The relief sought may
987	987	include both injunctive relief and damages. In the event
988	988	judicial enforcement is necessary, the prevailing party
989	989	shall be awarded all costs of such litigation, including
990	990	reasonable attorney's fees. The remedies herein shall not
991	991	be the exclusive remedies of the Commission. The
992	992	Commission may pursue any other remedies available under
993	993	federal or the defaulting Participating State's law.
994	994	3. A Participating State may initiate legal action against
995	995	the Commission in the U.S. District Court for the District
996	996	of Columbia or the federal district where the Commission
997	997	has its principal offices to enforce compliance with the
998	998	provisions of the Compact and its promulgated Rules. The
999	999	relief sought may include both injunctive relief and
1000	1000	damages. In the event judicial enforcement is necessary,
1001	1001	the prevailing party shall be awarded all costs of such
1002	1002	litigation, including reasonable attorney's fees.
1003	1003	4. No individual or entity other than a Participating State
1004	1004	may enforce this Compact against the Commission.
1005	1005	SECTION 11. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT
1006	1006	A. The Compact shall come into effect on the date on which the
1007	1007	Compact statute is enacted into law in the seventh Participating
1008	1008	State.
1009	1009	1. On or after the effective date of the Compact, the
1010	1010	Commission shall convene and review the enactment of each
1011	1011	of the States that enacted the Compact prior to the
1012	1012	Commission convening (“Charter Participating States”) to
1013	1013	determine if the statute enacted by each such Charter
1014	1014	Participating State is materially different than the Model
1015	1015	Compact.
1016	1016	a. A Charter Participating State whose enactment is
1017	1017	found to be materially different from the Model
1018	1018	Compact shall be entitled to the default process set
1019	1019	forth in Section 10.
1020	1020	b. If any Participating State is later found to be in
1021	1021	default, or is terminated or withdraws from the
1022	1022	Compact, the Commission shall remain in existence and
1023	1023	the Compact shall remain in effect even if the number
1024	1024	of Participating States should be less than seven (7).
1025	1025	2. Participating States enacting the Compact subsequent to
1026	1026	the Charter Participating States shall be subject to the
1027	1027	process set forth in Section 7.C.23 to determine if their
1028	1028	enactments are materially different from the Model Compact
1029	1029	and whether they qualify for participation in the Compact.
1030	1030	3. All actions taken for the benefit of the Commission or in
1031	1031	furtherance of the purposes of the administration of the
1032	1032	Compact prior to the effective date of the Compact or the
1033	1033	Commission coming into existence shall be considered to be
1034	1034	actions of the Commission unless specifically repudiated
1035	1035	by the Commission.
1036	1036	4. Any State that joins the Compact subsequent to the
1037	1037	Commission's initial adoption of the Rules and bylaws
1038	1038	shall be subject to the Commission's Rules and bylaws as
1039	1039	they exist on the date on which the Compact becomes law in
1040	1040	that State. Any Rule that has been previously adopted by
1041	1041	the Commission shall have the full force and effect of law
1042	1042	on the day the Compact becomes law in that State.
1043	1043	B. Any Participating State may withdraw from this Compact by
1044	1044	enacting a statute repealing that State's enactment of the
1045	1045	Compact.
1046	1046	1. A Participating State's withdrawal shall not take effect
1047	1047	until one hundred eighty (180) days after enactment of the
1048	1048	repealing statute.
1049	1049	2. Withdrawal shall not affect the continuing requirement of
1050	1050	the withdrawing State's Licensing Authority or
1051	1051	Authorities to comply with the investigative and Adverse
1052	1052	Action reporting requirements of this Compact prior to the
1053	1053	effective date of withdrawal.
1054	1054	3. Upon the enactment of a statute withdrawing from this
1055	1055	Compact, the State shall immediately provide notice of
1056	1056	such withdrawal to all Licensees within that State.
1057	1057	Notwithstanding any subsequent statutory enactment to the
1058	1058	contrary, such withdrawing State shall continue to
1059	1059	recognize all Compact Privileges to practice within that
1060	1060	State granted pursuant to this Compact for a minimum of one
1061	1061	hundred eighty (180) days after the date of such notice of
1062	1062	withdrawal.
1063	1063	C. Nothing contained in this Compact shall be construed to
1064	1064	invalidate or prevent any licensure agreement or other
1065	1065	cooperative arrangement between a Participating State and a
1066	1066	non-Participating State that does not conflict with the
1067	1067	provisions of this Compact.
1068	1068	D. This Compact may be amended by the Participating States. No
1069	1069	amendment to this Compact shall become effective and binding upon
1070	1070	any Participating State until it is enacted into the laws of all
1071	1071	Participating States.
1072	1072	SECTION 12. CONSTRUCTION AND SEVERABILITY
1073	1073	A. This Compact and the Commission's rulemaking authority shall be
1074	1074	liberally construed so as to effectuate the purposes, and the
1075	1075	implementation and administration of the Compact. Provisions of
1076	1076	the Compact expressly authorizing or requiring the promulgation
1077	1077	of Rules shall not be construed to limit the Commission's
1078	1078	rulemaking authority solely for those purposes.
1079	1079	B. The provisions of this Compact shall be severable and if any
1080	1080	phrase, clause, sentence or provision of this Compact is held by a
1081	1081	court of competent jurisdiction to be contrary to the
1082	1082	constitution of any Participating State, a State seeking
1083	1083	participation in the Compact, or of the United States, or the
1084	1084	applicability thereof to any government, agency, person or
1085	1085	circumstance is held to be unconstitutional by a court of
1086	1086	competent jurisdiction, the validity of the remainder of this
1087	1087	Compact and the applicability thereof to any other government,
1088	1088	agency, person or circumstance shall not be affected thereby.
1089	1089	C. Notwithstanding subsection B of this section, the Commission may
1090	1090	deny a State's participation in the Compact or, in accordance with
1091	1091	the requirements of Section 10.B, terminate a Participating
1092	1092	State's participation in the Compact, if it determines that a
1093	1093	constitutional requirement of a Participating State is a material
1094	1094	departure from the Compact. Otherwise, if this Compact shall be
1095	1095	held to be contrary to the constitution of any Participating
1096	1096	State, the Compact shall remain in full force and effect as to the
1097	1097	remaining Participating States and in full force and effect as to
1098	1098	the Participating State affected as to all severable matters.
1099	1099	SECTION 13. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS
1100	1100	A. Nothing herein shall prevent or inhibit the enforcement of any
1101	1101	other law of a Participating State that is not inconsistent with
1102	1102	the Compact.
1103	1103	B. Any laws, statutes, regulations, or other legal requirements in
1104	1104	a Participating State in conflict with the Compact are superseded
1105	1105	to the extent of the conflict.
1106	1106	C. All permissible agreements between the Commission and the
1107	1107	Participating States are binding in accordance with their terms.
1108	1108	Sec. 268.002. ADMINISTRATION OF COMPACT. The board is the
1109	1109	Dentist and Dental Hygienist Compact administrator for this state.
1110	1110	Sec. 268.003. RULES. The board may adopt rules necessary to
1111	1111	implement this chapter.
1112	1112	SECTION 2. This Act takes effect September 1, 2023.