Texas 2025 - 89th Regular

Texas House Bill HB1799 Compare Versions

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Old	New	Differences
1	1	89R2094 SCP-F
2	2	By: Harless H.B. No. 1799
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6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the Interstate Dental and Dental Hygiene Licensure
10	10	Compact; authorizing fees.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle D, Title 3, Occupations Code, is
13	13	amended by adding Chapter 268 to read as follows:
14	14	CHAPTER 268. INTERSTATE DENTAL AND DENTAL HYGIENE LICENSURE
15	15	COMPACT
16	16	Sec. 268.001. INTERSTATE DENTAL AND DENTAL HYGIENE
17	17	LICENSURE COMPACT. The Interstate Dental and Dental Hygiene
18	18	Licensure Compact is enacted and entered into with all other
19	19	jurisdictions that legally join in the compact, which reads as
20	20	follows:
21	21	INTERSTATE DENTAL AND DENTAL HYGIENE LICENSURE COMPACT
22	22	The Interstate Dental and Dental Hygiene Licensure Compact is
23	23	hereby enacted into law and the Governor shall enter into a Compact
24	24	on behalf of the State of Texas with any jurisdiction legally joined
25	25	therein, in the form substantially as set forth in this Act.
26	26	Section 1. PURPOSE.
27	27	This Compact shall be known as the Interstate Dental and Dental
28	28	Hygiene Licensure Compact and the purpose of the Compact is to
29	29	expedite licensure and increase access to dental health care
30	30	through licensure boards acting in cooperation. The Compact adopts
31	31	the existing structures most utilized by Dental Boards across the
32	32	United States, while ensuring the safety of the public through the
33	33	sharing of documents and information. This Compact ensures that
34	34	each state retains the right to impose an adverse action on a
35	35	licensee as a home state or as a practicing state. Each state has an
36	36	opportunity to share investigations and information with the home
37	37	state of licensure. The Compact is operated by state dental board
38	38	members, administrators and other staff, thus allowing for each
39	39	state to maintain its sovereignty.
40	40	The Compact:
41	41	(a) Allows for expedited licensure portability and ease of
42	42	movement of licensees between states;
43	43	(b) Allows each state to continue to regulate the practice
44	44	of dentistry and dental hygiene within its borders;
45	45	(c) Creates a common goal of protecting the public by
46	46	ensuring a uniform licensure standard and sharing of information in
47	47	the Compact;
48	48	(d) Allows for licensure in every participating state by
49	49	requiring passage of the uniform licensure examination that
50	50	assesses psychomotor and cognitive dental skills and is currently
51	51	accepted in fifty state (50) licensing jurisdictions and United
52	52	States territories;
53	53	(e) Gives licensees one (1) location to maintain
54	54	professional documentation to expedite license transfers in
55	55	states, hospitals or institutional credentialing;
56	56	(f) Facilitates a faster licensure process for relocation
57	57	or separation of military members and their dependent spouses;
58	58	there are no Compact fees for military members or their spouses;
59	59	(g) Alleviates a duplicative process for licensure among
60	60	multiple states; and
61	61	(h) Saves applicants money by not having to obtain duplicate
62	62	documents from a source that charges for the documents.
63	63	Section 2. DEFINITIONS
64	64	(a) "AADB" means the American Association of Dental Boards
65	65	(AADB) or its named successor, formerly known as the American
66	66	Association of Dental Examiners (AADE), originally chartered on
67	67	September 10th, 1896 and renewed in 1944, comprised of State Dental
68	68	Boards in the United States and its territories;
69	69	(b) "Attorneys' Committee" means the committee of attorneys
70	70	who currently represent a Member State Dental Board. The Attorneys'
71	71	Committee shall participate in the Commission as a non-voting
72	72	member. An attorney that has previously served as an attorney for a
73	73	Member State Dental Board may be invited on a year-to-year basis to
74	74	serve on the Attorneys' Committee if they have not engaged in an
75	75	official case against a State Dental Board or have any no other
76	76	conflict of interest. The Attorneys' Committee may assist the
77	77	investigators in working through joint investigation issues
78	78	between states;
79	79	(c) "Active-duty military person or spouse" means a
80	80	Licensee in full-time active-duty status in the active uniformed
81	81	services of the United States, including members of the National
82	82	Guard and Reserves. The legal spouse of the military member must be
83	83	recognized by the military unit as a dependent while the service
84	84	member is on active duty. Spouses shall receive the same privileges
85	85	as military members for the purpose of this Compact;
86	86	(d) "Active Investigation" means an active investigation
87	87	resulting in formal allegations or charges precipitating a judicial
88	88	process by a State Dental Board, oversight agency, or other law
89	89	enforcement entity;
90	90	(e) "Adverse Action" means an order issued by a State Dental
91	91	Board or reported to the clearinghouse pursuant to the Commission's
92	92	Bylaws and rules that disciplines a Licensee. Adverse Action
93	93	includes, and is not limited to, the suspension, limiting, or
94	94	revocation of a License or Compact License Privilege; the
95	95	imposition of fees and sanctions; and any temporary emergency order
96	96	that may be later withdrawn by a Board;
97	97	(f) "ADEX examination" means the initial licensure
98	98	examinations developed by the American Board of Dental Examiners,
99	99	Inc. or its successor;
100	100	(g) "Bylaws" means the bylaws passed by the Commission or
101	101	its named successor commission;
102	102	(h) "Clearinghouse" means the clearinghouse and databank
103	103	that houses prior Adverse Action documentations, orders and denials
104	104	of licensure or permits from State Dental Boards that is
105	105	administered by the AADB or its successor;
106	106	(i) "CODA" means the Commission on Dental Accreditation or
107	107	its successor as approved by the United States Department of
108	108	Education;
109	109	(j) "Commission" means the Interstate Dental and Dental
110	110	Hygiene Compact Licensure Commission created pursuant to Section 3
111	111	of this Act.
112	112	(k) "Commissioners" means the two (2) members chosen by each
113	113	Member State Dental Board to serve as the voting members of the
114	114	Commission;
115	115	(l) "Compact" means the Interstate Dental and Dental
116	116	Hygiene Licensure Compact created pursuant to Section 3 of this
117	117	Act;
118	118	(m) "Compact License Privilege" means the expedited dental
119	119	or dental hygiene license to practice in a Member State that is not
120	120	the Licensee's Home State;
121	121	(n) "Conviction" means an adjudication or formal judgment
122	122	by a court that an individual is guilty through a plea of guilty or
123	123	no contest, or a finding of guilt by the court. Evidence of a
124	124	conviction of a criminal offense by the court shall be considered
125	125	final for the purposes of considering or imposing disciplinary
126	126	action by a Member State Dental Board;
127	127	(o) "Criminal background check" means a criminal background
128	128	check using the results of fingerprint or other biometric data
129	129	checks compliant with the requirements of the Federal Bureau of
130	130	Investigation, with the exception of federal employees who have
131	131	suitability determination in accordance with 5 C.F.R. 731.202;
132	132	(p) "Dental hygienist" means any person who:
133	133	1. Has successfully graduated from a CODA-approved
134	134	dental hygiene school;
135	135	2. Has successfully passed the ADEX dental hygiene
136	136	licensure examination; or has been in practice 5 years or more and
137	137	has successfully passed a Regional Board Examination or equivalent
138	138	state-administered psychomotor licensure examination prior to
139	139	January 1, 2024;
140	140	3. Has successfully passed the written national dental
141	141	hygiene board examination administered by the Joint Commission on
142	142	National Dental Examinations;
143	143	4. Possesses a full and unrestricted dental hygiene
144	144	license issued by a Member State;
145	145	5. Has never been convicted or received adjudication,
146	146	deferred adjudication, community supervision or deferred
147	147	disposition for any offense by a court of appropriate jurisdiction;
148	148	6. Has never been a subject of discipline by a
149	149	Licensing Agency through any Adverse Action, order, or other
150	150	restriction of the Licensee by a Licensing Agency, with the
151	151	exception of failure to pay fees or failure to complete continuing
152	152	education;
153	153	7. Is not currently under Active Investigation by a
154	154	Licensing Agency or law enforcement authority in any state, federal
155	155	or foreign jurisdiction; and
156	156	8. Meets any jurisprudence requirement established by
157	157	a Member State Dental Board of a Member State in which a Licensee is
158	158	seeking a Compact License Privilege.
159	159	(q) "Dental Practice Act" means the laws and regulations
160	160	governing the practice of dentistry within a Member State;
161	161	(r) "Dentist" means any person who:
162	162	1. Has successfully graduated from a CODA-approved
163	163	dental school;
164	164	2. Has successfully passed the ADEX dental licensure
165	165	exam; or has been in practice 5 years or more and has successfully
166	166	passed a Regional Board Examination or equivalent
167	167	state-administered psychomotor licensure examination prior to
168	168	January 1, 2024;
169	169	3. Has successfully passed the written National Dental
170	170	Board Exam administered by the Joint Commission on National Dental
171	171	Examinations;
172	172	4. Possesses a full and unrestricted dental license
173	173	issued by a Member State Dental Board;
174	174	5. Has never been convicted or received adjudication,
175	175	deferred adjudication, community supervision, or deferred
176	176	disposition for any offense by a court of appropriate jurisdiction;
177	177	6. Has never been a subject of discipline by a
178	178	Licensing Agency through any Adverse Action, order, or other
179	179	restriction of the Licensee by a Licensing Agency, with the
180	180	exception of failure to pay fees or failure to complete continuing
181	181	education;
182	182	7. Has never had a state or federal drug registration,
183	183	permit, or license restricted, suspended, or revoked by the United
184	184	States Drug Enforcement Administration or any Licensing Agency that
185	185	oversees scheduled drug registrations;
186	186	8. Is not currently under Active Investigation by a
187	187	Licensing Agency or law enforcement authority in any state, federal
188	188	or foreign jurisdiction; and
189	189	9. Meets any jurisprudence requirement established by
190	190	a Member State Dental Board in which a Licensee is seeking a Compact
191	191	License Privilege;
192	192	(s) "Home State" means the state of primary licensure of a
193	193	Licensee;
194	194	(t) "License" means the authorization by a Licensing
195	195	Authority for a dentist or dental hygienist to engage in the
196	196	unrestricted practice of dentistry or dental hygiene, which would
197	197	be unlawful without such license;
198	198	(u) "Licensee" means a Dentist or Dental Hygienist who holds
199	199	an unrestricted License to practice as a dentists or dental
200	200	hygienist.
201	201	(v) "Licensing Agency" means the agency or other entity of a
202	202	State that is responsible for the licensing of Dentists and Dental
203	203	Hygienists. If a Member State Dental Board has such responsibility,
204	204	it shall be deemed a Licensing Agency.
205	205	(w) "Member State Dental Board" means a state agency in a
206	206	Member State that protects the public through licensure,
207	207	regulation, and the education of dentist and dental hygienists, as
208	208	directed by the state law. All actions taken by a Member State
209	209	Dental Board shall be under the authority of the laws its State and
210	210	any other rights conferred under this Compact;
211	211	(x) "Member State" means a state or United States territory
212	212	that has enacted the Compact;
213	213	(y) "Regional Board Examination" means initial licensure
214	214	examinations administered by the Western Regional Examining Board
215	215	(WREB), the North East Regional Board of Dental Examiners (NERB),
216	216	the Commission on Dental Competency Assessments (CDCA), Council of
217	217	Interstate Testing Agencies (CITA), Southern Regional Testing
218	218	Agency (SRTA), or Central Regional Dental Testing Services (CRDTS)
219	219	that assess psychomotor skills;
220	220	(z) "Repository" means the repository of original documents
221	221	of a Licensee that may include original transcripts, certification
222	222	documents, test scores, military training records, previous or
223	223	current licensing documents and other sources of materials needed
224	224	for applications and verification administered by the AADB or its
225	225	successor. The Repository shall receive documents from primary or
226	226	originating sources and/or verify their authenticity;
227	227	(aa) "Scope of practice" means the dental-related
228	228	procedures that require a License, permit, or training, to
229	229	undertake the treatment and procedure to be completed on a patient
230	230	within the Member State's requirements;
231	231	(bb) "State" means a state within the United States or a
232	232	United States Territory; and
233	233	(cc) "State jurisprudence" means the knowledge of a Member
234	234	State's laws and rules of dentistry and dental hygiene.
235	235	Section 3. COMPACT AND COMMISSION
236	236	a) The Member States hereby create the Interstate Dental and
237	237	Dental Hygiene Licensure Compact and the Commission. Each State
238	238	must enact a compact that is not materially different from this
239	239	Compact, as determined by the Commission.
240	240	b) Each Member State Dental Board shall have two (2) voting
241	241	members who shall serve as Commissioners. Each Commissioner shall
242	242	have one (1) vote. Member States with separate dental and dental
243	243	hygiene Licensing Agencies shall appoint one (1) Commissioner from
244	244	each licensing agency. One Commissioner shall be a current member
245	245	of a Member State Dental Board. Commissioners may not delegate
246	246	votes or vote by proxy, however, if a Commissioner is unable to
247	247	attend, the Member State may substitute a Commissioner who meets
248	248	the same requirements.
249	249	c) Upon five (5) states joining the Compact, the Compact
250	250	shall become active. The Commission shall adopt Bylaws upon
251	251	becoming active.
252	252	d) The Commission shall meet at least once per calendar year
253	253	(the "Annual Meeting") and at additional times as necessary
254	254	pursuant to the Bylaws and rules.
255	255	e) At each Annual Meeting, the Commission shall elect a
256	256	Chair, Vice Chair, Secretary, and Treasurer from the membership of
257	257	the Commission (the "Officers.") The Officers shall be members of
258	258	the Commission's Executive Committee (the "Executive Committee.")
259	259	The Commission shall also elect representatives from four (4)
260	260	regional districts established by the Commission to serve on the
261	261	Executive Committee. All Officers and Executive Committee
262	262	representatives shall serve one (1)-year terms.
263	263	f) Quorum for purposes of conducting business shall be a
264	264	majority of Commissioners attending in person or virtually.
265	265	g) The Commission shall provide notice of all meetings on
266	266	its website and in other communications to Member State Dental
267	267	Boards.
268	268	h) A vote of two-thirds (2/3) of the Commissioners present
269	269	shall be required for an executive session to discuss:
270	270	1) Items specifically related to participation in a
271	271	lawsuit or in anticipation of a legal proceeding;
272	272	2) Matters specifically exempted from disclosure by
273	273	federal statute;
274	274	3) Information or matters involving law enforcement
275	275	agencies or information that accuses a person of a crime or a public
276	276	censure;
277	277	4) Discussions that would include information of a
278	278	personal nature that would constitute an unwarranted invasion of
279	279	personal privacy;
280	280	5) Anything considered internal practices and
281	281	procedures or a trade secret;
282	282	6) Other items described in the Commission Bylaws
283	283	allowing for executive sessions to be called; or
284	284	7) Advice of Legal Counsel.
285	285	i) The Commission shall keep minutes and make them available
286	286	to all Member States.
287	287	j) The Commission may establish other committees as needed.
288	288	k) The Commission shall prepare an annual report that shall
289	289	be made available to the legislatures and governors of the Member
290	290	States. The annual report shall describe the activities of the
291	291	Commission during the preceding calendar year. Such reports shall
292	292	also include reports of the annual financial audit and any actions
293	293	taken by or rules that were adopted by the Commission.
294	294	Section 4. DUTIES OF COMPACT MEMBER STATES
295	295	a) Member States shall submit to the Clearinghouse all
296	296	Member State Dental Board actions and other documents and data as
297	297	determined by the Commission;
298	298	b) Member States shall notify the Commission of any Adverse
299	299	Action taken by the Member State Dental Board, any Active
300	300	Investigation by the Member State Dental Board, any Active
301	301	Investigation involving pending criminal charges, or other
302	302	circumstance as determined by the Commission;
303	303	c) Any Adverse Action, order, restriction or denial of a
304	304	license or permit on a Licensee or Compact License Privilege holder
305	305	shall be reported to the Clearinghouse by the Member State Dental
306	306	Board;
307	307	d) Member State Dental Boards may submit to the
308	308	Clearinghouse nonpublic complaints, or disciplinary or
309	309	investigatory information not required by Section 4(c). All
310	310	investigatory material shall be considered confidential and not
311	311	part of a public record unless otherwise specifically required by
312	312	state statute;
313	313	e) Accept continuing education credits as required by each
314	314	state;
315	315	f) Documents in the Repository shall be treated by a Member
316	316	State as the equivalent of a primary or original source document for
317	317	licensure;
318	318	g) Member States shall accept a standardized application
319	319	for a Compact License Privilege. The standardized application shall
320	320	be established by the rules enacted by the Commission;
321	321	h) Member States may agree to share information regarding
322	322	ongoing investigations and actions, including joint investigations
323	323	between states. All investigatory material shall be considered
324	324	confidential and not part of a public record unless otherwise
325	325	specifically required by state statute; and
326	326	i) As part of the Compact enforcement, participating Member
327	327	States may issue subpoenas and seek testimony of witnesses, which
328	328	subpoenas shall be enforced in other Member States and enforced by a
329	329	court of competent jurisdiction where the witnesses or evidence is
330	330	located.
331	331	Section 5. POWERS AND DUTIES OF THE COMMISSION
332	332	a) The Commission shall have the duty and power to:
333	333	1) Oversee and maintain the administration of the
334	334	Compact, including the organizational needs, the financial
335	335	activities, the hiring of personnel and ongoing activities or needs
336	336	of the Commission;
337	337	2) Promulgate Bylaws and rules to operate the Compact
338	338	and the Commission;
339	339	3) Establish a budget and make expenditures;
340	340	4) Have an annual financial audit performed by an
341	341	independent certified public accounting firm;
342	342	5) Issue, upon the request of a Member State Dental
343	343	Board, advisory opinions concerning the meaning or interpretation
344	344	of the Compact and its Bylaws, rules, and actions;
345	345	6) Enforce compliance with Compact provisions, the
346	346	rules promulgated by the Commission, and the Bylaws, using all
347	347	necessary and proper means, including but not limited to the use of
348	348	judicial process;
349	349	7) Hold an Annual Meeting for the Commission where the
350	350	elections of the Executive Committee and other issues may be
351	351	discussed and voted on;
352	352	8) Establish personnel policies and programs relating
353	353	to conflicts of interest, and the rates of compensation and
354	354	qualifications of personnel;
355	355	9) Accept donations and grants of money, equipment,
356	356	supplies, materials and services, and to receive, utilize and
357	357	dispose of them in a manner consistent with the
358	358	conflict-of-interest policies established by the Commission;
359	359	10) Report annually to the legislatures and governors
360	360	of the Member State Dental Boards concerning the activities of the
361	361	Commission during the preceding calendar year. Such reports shall
362	362	also include reports of annual financial audits, all actions of the
363	363	Commission, rules adopted by the Commission, and any
364	364	recommendations by the Commission; and
365	365	11) Coordinate education, training and public
366	366	awareness regarding the Compact, its implementation, and its
367	367	operation.
368	368	b) The Executive Committee shall have the power to act on
369	369	behalf of the Commission, with the exception of rulemaking, during
370	370	periods when the Commission is not in session. When acting on behalf
371	371	of the Commission, the Executive Committee shall oversee the
372	372	administration of the Compact, including enforcement and
373	373	compliance of the Compact.
374	374	c) The officers and employees of the Commission shall be
375	375	immune from suit and liability, either personally or in their
376	376	official capacity, for a claim for damage to or loss of property or
377	377	personal injury or other civil liability caused or arising out of,
378	378	or relating to, an actual or alleged act, error or omission that
379	379	occurred, or that such person had a reasonable basis for believing
380	380	occurred, within the scope of Commission employment, duties or
381	381	responsibilities; provided, that such person shall not be protected
382	382	from suit or liability for damage, loss, injury or liability caused
383	383	by the intentional or willful and wanton misconduct of such person.
384	384	d) The liability of the executive director and employees of
385	385	the Commission or representatives of the Commission, acting within
386	386	the scope of such person's employment or duties for acts, errors or
387	387	omissions occurring within such person's state may not exceed the
388	388	limits of liability set forth under the constitution and laws of
389	389	that state for state officials, employees and agents. The
390	390	Commission shall be considered to be an instrumentality of the
391	391	states for the purposes of any such action. Nothing in this
392	392	subsection shall be construed to protect such person from suit or
393	393	liability for damage, loss, injury or liability caused by the
394	394	intentional or willful and wanton misconduct of such person.
395	395	e) The Commission shall defend the Commission's executive
396	396	director, its employees, and, subject to the approval of the
397	397	attorney general or other appropriate legal counsel of the Member
398	398	State represented by an Commission representative, shall defend
399	399	such Commission representative in any civil action seeking to
400	400	impose liability arising out of an actual or alleged act, error or
401	401	omission that occurred within the scope of Commission employment,
402	402	duties or responsibilities, or that the defendant had a reasonable
403	403	basis for believing occurred within the scope of Commission
404	404	employment, duties or responsibilities, provided that the actual or
405	405	alleged act, error or omission did not result from intentional or
406	406	willful and wanton misconduct on the part of such person.
407	407	f) To the extent not covered by the state involved, Member
408	408	State, or the Commission, the representatives or employees of the
409	409	Commission shall be held harmless in the amount of a settlement or
410	410	judgment, including attorney fees and costs, obtained against such
411	411	persons arising out of an actual or alleged act, error or omission
412	412	that occurred within the scope of Commission employment, duties or
413	413	responsibilities, or that such persons had a reasonable basis for
414	414	believing occurred within the scope of Commission employment,
415	415	duties or responsibilities, provided that the actual or alleged
416	416	act, error or omission did not result from intentional or willful
417	417	and wanton misconduct on the part of such persons.
418	418	Section 6. APPLICATION, ELIGIBILITY, AND ISSUANCE OF COMPACT
419	419	LICENSE PRIVILEGE TO A MEMBER STATE.
420	420	a) A dentist or dental hygienist applying for Compact
421	421	License Privileges shall meet the requirements of a Dentist as
422	422	listed in Section (2)(r) of this Compact or a Dental Hygienist as
423	423	listed in Section (2)(p) of this Compact and hold a current License
424	424	in a Member State under this Compact.
425	425	b) Each Dentist or Dental Hygienist shall designate a Home
426	426	State of licensure. The Home State shall be determined by:
427	427	1) The State of primary residence for the Dentist or
428	428	Dental Hygienist, where twenty-five percent (25%) of their practice
429	429	within one year occurs. An active-duty military member or their
430	430	spouse may choose a Home State as designated with the military but
431	431	are not required to meet the requirement of twenty-five percent
432	432	(25%) practice being within their Home State; or
433	433	2) If no State qualifies under Section 6(b)(1), then
434	434	the State where the Dentist or Dental Hygienist filed the previous
435	435	year's federal tax return.
436	436	c) A Dentist or Dental Hygienist may redesignate a Home
437	437	State no more than one time in a calendar year if the qualifications
438	438	of a Home State are met.
439	439	d) A Dentist or Dental hygienist seeking a Compact License
440	440	Privilege (the "Applicant") shall apply to their Home State Dental
441	441	Board for a letter stating that the Applicant is eligible for
442	442	Compact License Privileges.
443	443	e) The Home State Dental Board shall determine the
444	444	eligibility of an application for a Compact License Privilege and
445	445	shall issue a letter of approval or denial of the application for a
446	446	Compact License Privilege.
447	447	f) The letter from the Applicant's Home State Dental Board
448	448	approving the application shall be submitted to the Member State
449	449	Dental Board for the Member State in which the Applicant proposes to
450	450	practice, and shall include: (i) the Compact application packet;
451	451	(ii) authorization to seek access to the Applicant's Repository
452	452	documents; (iii) any additional information that may be required by
453	453	the proposed Compact License Privilege state; and (iv) any required
454	454	fees. The Member State Dental Board shall review the application to
455	455	confirm compliance with the Member State's laws and regulations.
456	456	Following such review, if the Member State Dental Board approves
457	457	the application, it shall issue a Compact License Privilege from
458	458	the proposed Member State to the Applicant.
459	459	g) Appeals of a denial of a Compact License Privilege
460	460	application shall be filed with the Member State Dental Board
461	461	making such determination, and shall be filed within thirty (30)
462	462	dates of the date of the denial.
463	463	h) A Licensee holding a Compact License Privilege shall
464	464	notify the Commission within ten (10) business days of any Adverse
465	465	Action taken against a License held in a state that is not a Member
466	466	State.
467	467	i) A Compact License Privilege may be revoked, suspended or
468	468	limited by the issuing Member State Dental Board if at any time the
469	469	Licensee's Home State license is revoked, suspended or limited.
470	470	j) The Commission shall issue rules on the duration of a
471	471	Compact License Privilege, the application and renewal process for
472	472	a Compact License Privilege, and any application fees.
473	473	k) Eligibility or ineligibility to receive a Compact
474	474	License Privilege shall not limit the ability of a Licensee to seek
475	475	a state license through the regular process outside of the Compact.
476	476	7. JURISDICTION OVER COMPACT LICENSE PRIVILEGE HOLDERS
477	477	a) Each Licensee holding a Compact License Privilege shall
478	478	be subject to and comply with the laws and regulations of the Member
479	479	State in which such Licensee practices under a Compact License
480	480	Privilege.
481	481	b) Each Licensee holding a Compact License Privilege shall
482	482	be subject to the jurisdiction and authority of the Member State
483	483	Dental Board of the state in which such Licensee practices, as if
484	484	they held a license issued from such Member State Dental Board. Such
485	485	Compact License Privilege holder shall be deemed a "Licensee" of
486	486	the Member State Dental Board for purposes of such board taking an
487	487	Adverse Action.
488	488	c) Each Licensee holding a Compact License Privilege shall
489	489	list a current address with the Commission that shall serve as their
490	490	official address of service.
491	491	d) A Licensee holding a Compact License Privilege may have
492	492	an Adverse Action taken against them by:
493	493	1) The Member State Dental Board of the Member State in
494	494	which they are practicing with a Compact License Privilege;
495	495	2) The Licensee's Home State; or
496	496	3) The State Licensing Authority of a State that is not
497	497	a Member State from which the Licensee holds a License.
498	498	e) A Home State may take an Adverse Action against the
499	499	holder of a Compact License Privilege, regardless of where the
500	500	actions giving rise to the Adverse Action occurred.
501	501	f) Any Member State in which the Compact Licensee holds a
502	502	Compact License Privilege may investigate an allegation of a
503	503	violation of the laws and rules of the practice of dentistry or
504	504	dental hygiene in any other State where the Compact Licensee holds a
505	505	Compact License Privilege.
506	506	Section 8. FEES AND MILITARY WAIVER
507	507	a) The Commission shall issue rules regarding the use of the
508	508	Repository by each holder of a Compact License Privilege.
509	509	b) A Member State Dental Board issuing a Compact License
510	510	Privilege authorizing practice in its State may impose a fee for a
511	511	Compact License Privilege, for ether initial issuance or any
512	512	renewal.
513	513	c) No Compact fee shall be required of any active-duty
514	514	military member and/or their spouse up to one (1) year after
515	515	separation. Each Member State issuing a Compact License Privilege
516	516	may waive fees for active-duty military and/or their spouse as
517	517	required by each individual state statute.
518	518	d) Active-duty military may transfer military training
519	519	records to the Repository without a fee.
520	520	Section 9. JOINT INVESTIGATIONS AND DISCIPLINARY ACTIONS
521	521	a) Each Member State shall name a point of contact for joint
522	522	investigations between Member State Dental Boards.
523	523	b) Member State Dental Boards may participate with other
524	524	Member State Dental Boards in joint investigations of Licensees
525	525	that are subject to this Compact.
526	526	c) Member State Dental Boards may share investigative,
527	527	litigation or other materials in furtherance of any joint or
528	528	individual investigation of a Compact License Privilege holder.
529	529	d) A subpoena issued by a Member State or Member State
530	530	Dental Board shall be enforceable in other Member States as allowed
531	531	by law.
532	532	e) If a Compact License Privilege holder has an Adverse
533	533	Action taken by any Member State Dental Board against the Compact
534	534	License Privilege holder, the Compact License Privilege holder,
535	535	Licensee shall automatically be subject to discipline by other
536	536	Member State Dental Boards.
537	537	f) If a Compact License Privilege holder has an Adverse
538	538	Action taken against their Home State license, including being
539	539	revoked, surrendered, or relinquished in lieu of discipline or
540	540	suspended, then automatically all other Compact License Privileges
541	541	shall be placed in the same status. The Home State Dental Board
542	542	shall notify the Commission and the Commission shall issue a notice
543	543	to all Member State Dental Boards of such Adverse Action.
544	544	g) If discipline or an Adverse Action is taken against a
545	545	Compact License Privilege holder in a Member State, the Member
546	546	State Board shall notify the Commission and the Home State of the
547	547	Compact License Privilege holder. The Home State may deem the
548	548	action conclusive as a matter of law and fact decided and may:
549	549	1) Impose the same or lesser sanction consistent with
550	550	the Home State's laws; or
551	551	2) Pursue separate actions against the Compact License
552	552	Privilege holder under its laws, regardless of the sanctions
553	553	pursued by the Member State Dental Board.
554	554	Section 10. OTHER REQUESTS FOR INFORMATION FROM THE REPOSITORY AND
555	555	THE CLEARINGHOUSE
556	556	a) Insurance companies and entities verifying documents for
557	557	the purpose of licenses extended to a Dentist or Dental Hygienist
558	558	may seek information from the Clearinghouse for public record
559	559	documents;
560	560	b) A Dentist or Dental Hygienist may submit a request to the
561	561	Commission to allow any hiring employer, entity, or insurance
562	562	company to access documents from the Repository for the purposes of
563	563	credentialing, licensing or other privileges;
564	564	c) The Commission shall set a fee schedule for these
565	565	services.
566	566	Section 11. RULEMAKING FUNCTIONS OF THE COMMISSION
567	567	a) The Commission shall promulgate reasonable rules in
568	568	order to effectively and efficiently implement and achieve the
569	569	purposes and administration of the Compact. Notwithstanding the
570	570	foregoing, in the event the Commission exercises its rulemaking
571	571	authority in a manner that is beyond the scope of the purposes of
572	572	the Compact or the powers granted hereunder, then such an action by
573	573	the Commission may be determined to be invalid and have no force or
574	574	effect.
575	575	b) Rules issued by the Commission shall have the force of
576	576	law in each Member State.
577	577	c) Rules deemed appropriate for the operations of the
578	578	Commission shall be made pursuant to a rulemaking process that
579	579	substantially conforms to the Model State Administrative Procedure
580	580	Act of 2010, and subsequent amendments thereto.
581	581	Section 12. OVERSIGHT OF THE COMPACT
582	582	a) The executive, legislative, and judicial branches of
583	583	state government in each Member State shall enforce the Compact and
584	584	shall take all actions necessary and appropriate to effectuate the
585	585	Compact's purposes and intent to allow for expedited licensure for
586	586	the purpose of mobility. The provisions of the Compact and the rules
587	587	promulgated hereunder shall have standing as statutory law but
588	588	shall not override existing state authority to regulate the
589	589	practice of dentistry and dental hygiene.
590	590	b) All courts may take judicial notice of the Compact and
591	591	the rules in any judicial or administrative proceeding in a Member
592	592	State pertaining to the subject matter of the Compact which may
593	593	affect the powers, responsibilities or actions of the Commission.
594	594	c) The Commission shall be entitled to receive all service
595	595	of process in any such proceeding and shall have standing to
596	596	intervene in the proceeding for all purposes. Failure to provide
597	597	service of process to the Commission shall render a judgment or
598	598	order void as to the Commission, the Compact or promulgated rules.
599	599	Section 13. ENFORCEMENT AND DEFAULT PROCEDURES
600	600	a) The Commission, in the reasonable exercise of its
601	601	discretion, shall enforce the provisions and rules of the Compact.
602	602	b) The grounds for default under this Compact by a Member
603	603	State include, but are not limited to, failure of a Member State to
604	604	perform such obligations or responsibilities imposed upon it by the
605	605	Compact or by the rules and Bylaws of the Commission promulgated
606	606	under the Compact.
607	607	c) If the Commission determines that a Member State has
608	608	defaulted in the performance of its obligations or responsibilities
609	609	under the Compact, or the Bylaws or promulgated rules, the
610	610	Commission shall:
611	611	1) provide written notice to the defaulting state and
612	612	other Member States of the nature of the default, the means of
613	613	curing the default and any action taken by the Commission. The
614	614	Commission shall specify the conditions by which the defaulting
615	615	state must cure its default; and
616	616	2) provide remedial training and specific technical
617	617	assistance regarding the default.
618	618	d) If the defaulting state fails to cure the default, the
619	619	defaulting state shall be terminated from the Compact upon an
620	620	affirmative vote of a majority of the Commissioners and all rights,
621	621	privileges and benefits conferred by the Compact shall terminate on
622	622	the effective date of termination. A cure of the default does not
623	623	relieve the offending state of obligations or liabilities incurred
624	624	during the period of the default.
625	625	e) Termination of membership in the Compact shall be imposed
626	626	only after all other means of securing compliance have been
627	627	exhausted. Notice of intent to terminate shall be given by the
628	628	Commission to the Governor, the majority and minority leaders of
629	629	the defaulting state's legislature and each of the Member States.
630	630	f) The Commission shall establish rules and procedures to
631	631	address licenses and Compact License Privilege holders that are
632	632	materially impacted by the termination of a Member State or the
633	633	withdrawal of a Member State.
634	634	g) The Commission shall not bear any costs relating to any
635	635	state that has been found to be in default or which has been
636	636	terminated from the Compact, unless otherwise mutually agreed upon
637	637	in writing between the Commission and the defaulting state.
638	638	h) The defaulting state may appeal the action of the
639	639	Commission by petitioning the federal district where the Commission
640	640	has its principal offices. The prevailing party shall be awarded
641	641	all costs of such litigation, including reasonable attorney fees.
642	642	i) The Commission shall not bear any costs relating to any
643	643	state that has been found to be in default or which has been
644	644	terminated from the Compact, unless otherwise mutually agreed upon
645	645	in writing between the Commission and the defaulting state.
646	646	j) The remedies herein shall not be the exclusive remedies
647	647	of the Commission. The Commission may avail itself of any other
648	648	remedies available under state law or the regulation of a
649	649	profession.
650	650	Section 14. DISPUTE RESOLUTION
651	651	a) The Commission shall attempt, upon the request of a
652	652	Member State Dental Board, to resolve disputes which are subject to
653	653	the Compact and which may arise among Member State Dental Boards.
654	654	b) The Commission shall promulgate rules providing for both
655	655	mediation and binding dispute resolution, as appropriate.
656	656	Section 15. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT
657	657	a) Any state is eligible to become a Member State of the
658	658	Compact.
659	659	b) The Compact shall become effective and binding upon
660	660	legislative enactment of the Compact into law by no less than five
661	661	(5) states. Thereafter, it shall become effective and binding on a
662	662	state upon enactment of the Compact into law by that State.
663	663	c) The governors of non-member states, or their designees,
664	664	shall be invited to participate in the activities of the Commission
665	665	on a nonvoting basis prior to adoption of the Compact by all States.
666	666	d) The Commission may propose amendments to the Compact for
667	667	enactment by the Member States. No amendment shall become effective
668	668	and binding upon the Commission and the Member States unless and
669	669	until it is enacted into law by unanimous consent of the Member
670	670	States.
671	671	Section 16. WITHDRAWAL
672	672	a) Once effective, the Compact shall continue in force and
673	673	remain binding upon each and every Member State; provided, however,
674	674	that a Member State may withdraw from the Compact after giving
675	675	appropriate notice by specifically repealing the statute which
676	676	enacted the Compact into law.
677	677	b) The Licensee's Compact License Privilege shall remain in
678	678	effect for six (6) months from the date of the Member State Dental
679	679	Board withdrawal.
680	680	c) The withdrawing State shall immediately notify the
681	681	chairperson of the Commission in writing upon the introduction of
682	682	legislation repealing the Compact by the withdrawing state.
683	683	d) The Commission shall notify the other Member States of
684	684	the withdrawing State's intention to withdraw within sixty (60)
685	685	days of its receipt of notice provided under Section 16(c) of this
686	686	section.
687	687	e) Reinstatement following withdrawal of a Member State
688	688	shall occur upon the withdrawing state reenacting the Compact or
689	689	upon such later date as determined by the Commission.
690	690	f) The Commission shall issue rules to address the impact of
691	691	the withdrawal of a Member State on Licenses granted by other
692	692	Member States to dentists and dental hygienists who designated the
693	693	withdrawing Member State as their Home State.
694	694	Section 17. DISSOLUTION
695	695	a) The Compact shall dissolve effective upon the date of the
696	696	withdrawal or default of the Member State which reduces the
697	697	membership in the Compact to one (1) Member State.
698	698	b) Upon the dissolution of the Compact, the Compact shall
699	699	become null and void and shall be of no further force or effect, and
700	700	the business and affairs of the Commission shall be concluded and
701	701	surplus funds shall be distributed in accordance with the Bylaws.
702	702	Section 18. SEVERABILITY AND CONSTRUCTION
703	703	a) The provisions of the Compact shall be severable, and if
704	704	any phrase, clause, sentence or provision is deemed unenforceable,
705	705	the remaining provisions of the Compact shall be enforceable.
706	706	b) The provisions of the Compact shall be liberally
707	707	construed to effectuate its purposes.
708	708	Section 19. BINDING EFFECT OF COMPACT AND OTHER LAWS
709	709	a) Nothing herein prevents the enforcement of any other law
710	710	of a Member State that is not inconsistent with the Compact.
711	711	b) All lawful actions of the Commission, including all rules
712	712	and Bylaws promulgated by the Commission, shall be binding upon the
713	713	Member States.
714	714	c) All agreements between the Commission and the Member
715	715	States shall beare binding in accordance with their terms.
716	716	d) In the event any provision of the Compact exceeds the
717	717	constitutional limits imposed on the legislature of any Member
718	718	State, such provision shall be ineffective to the extent of the
719	719	conflict with the constitutional provision in question in that
720	720	Member State.
721	721	Section 20. RULES OF ORDER
722	722	The most current edition of the American Institute of
723	723	Parliamentarians Standard Code of Parliamentary Procedure shall shall
724	724	all meetings of the Commission, including its committees, in those
725	725	situations not otherwise covered in the Bylaws.
726	726	Sec. 268.002. ADMINISTRATION OF COMPACT. The board is the
727	727	Interstate Dental and Dental Hygiene Licensure Compact
728	728	administrator for this state.
729	729	Sec. 268.003. RULES. The board may adopt rules necessary to
730	730	implement this chapter.
731	731	SECTION 2. This Act takes effect September 1, 2025.