89R2094 SCP-F
By: Harless H.B. No. 1799
A BILL TO BE ENTITLED
AN ACT
relating to the Interstate Dental and Dental Hygiene Licensure
Compact; authorizing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle D, Title 3, Occupations Code, is
amended by adding Chapter 268 to read as follows:
CHAPTER 268. INTERSTATE DENTAL AND DENTAL HYGIENE LICENSURE
COMPACT
Sec. 268.001. INTERSTATE DENTAL AND DENTAL HYGIENE
LICENSURE COMPACT. The Interstate Dental and Dental Hygiene
Licensure Compact is enacted and entered into with all other
jurisdictions that legally join in the compact, which reads as
follows:
INTERSTATE DENTAL AND DENTAL HYGIENE LICENSURE COMPACT
The Interstate Dental and Dental Hygiene Licensure Compact is
hereby enacted into law and the Governor shall enter into a Compact
on behalf of the State of Texas with any jurisdiction legally joined
therein, in the form substantially as set forth in this Act.
Section 1. PURPOSE.
This Compact shall be known as the Interstate Dental and Dental
Hygiene Licensure Compact and the purpose of the Compact is to
expedite licensure and increase access to dental health care
through licensure boards acting in cooperation. The Compact adopts
the existing structures most utilized by Dental Boards across the
United States, while ensuring the safety of the public through the
sharing of documents and information. This Compact ensures that
each state retains the right to impose an adverse action on a
licensee as a home state or as a practicing state. Each state has an
opportunity to share investigations and information with the home
state of licensure. The Compact is operated by state dental board
members, administrators and other staff, thus allowing for each
state to maintain its sovereignty.
The Compact:
(a) Allows for expedited licensure portability and ease of
movement of licensees between states;
(b) Allows each state to continue to regulate the practice
of dentistry and dental hygiene within its borders;
(c) Creates a common goal of protecting the public by
ensuring a uniform licensure standard and sharing of information in
the Compact;
(d) Allows for licensure in every participating state by
requiring passage of the uniform licensure examination that
assesses psychomotor and cognitive dental skills and is currently
accepted in fifty state (50) licensing jurisdictions and United
States territories;
(e) Gives licensees one (1) location to maintain
professional documentation to expedite license transfers in
states, hospitals or institutional credentialing;
(f) Facilitates a faster licensure process for relocation
or separation of military members and their dependent spouses;
there are no Compact fees for military members or their spouses;
(g) Alleviates a duplicative process for licensure among
multiple states; and
(h) Saves applicants money by not having to obtain duplicate
documents from a source that charges for the documents.
Section 2. DEFINITIONS
(a) "AADB" means the American Association of Dental Boards
(AADB) or its named successor, formerly known as the American
Association of Dental Examiners (AADE), originally chartered on
September 10th, 1896 and renewed in 1944, comprised of State Dental
Boards in the United States and its territories;
(b) "Attorneys' Committee" means the committee of attorneys
who currently represent a Member State Dental Board. The Attorneys'
Committee shall participate in the Commission as a non-voting
member. An attorney that has previously served as an attorney for a
Member State Dental Board may be invited on a year-to-year basis to
serve on the Attorneys' Committee if they have not engaged in an
official case against a State Dental Board or have any no other
conflict of interest. The Attorneys' Committee may assist the
investigators in working through joint investigation issues
between states;
(c) "Active-duty military person or spouse" means a
Licensee in full-time active-duty status in the active uniformed
services of the United States, including members of the National
Guard and Reserves. The legal spouse of the military member must be
recognized by the military unit as a dependent while the service
member is on active duty. Spouses shall receive the same privileges
as military members for the purpose of this Compact;
(d) "Active Investigation" means an active investigation
resulting in formal allegations or charges precipitating a judicial
process by a State Dental Board, oversight agency, or other law
enforcement entity;
(e) "Adverse Action" means an order issued by a State Dental
Board or reported to the clearinghouse pursuant to the Commission's
Bylaws and rules that disciplines a Licensee. Adverse Action
includes, and is not limited to, the suspension, limiting, or
revocation of a License or Compact License Privilege; the
imposition of fees and sanctions; and any temporary emergency order
that may be later withdrawn by a Board;
(f) "ADEX examination" means the initial licensure
examinations developed by the American Board of Dental Examiners,
Inc. or its successor;
(g) "Bylaws" means the bylaws passed by the Commission or
its named successor commission;
(h) "Clearinghouse" means the clearinghouse and databank
that houses prior Adverse Action documentations, orders and denials
of licensure or permits from State Dental Boards that is
administered by the AADB or its successor;
(i) "CODA" means the Commission on Dental Accreditation or
its successor as approved by the United States Department of
Education;
(j) "Commission" means the Interstate Dental and Dental
Hygiene Compact Licensure Commission created pursuant to Section 3
of this Act.
(k) "Commissioners" means the two (2) members chosen by each
Member State Dental Board to serve as the voting members of the
Commission;
(l) "Compact" means the Interstate Dental and Dental
Hygiene Licensure Compact created pursuant to Section 3 of this
Act;
(m) "Compact License Privilege" means the expedited dental
or dental hygiene license to practice in a Member State that is not
the Licensee's Home State;
(n) "Conviction" means an adjudication or formal judgment
by a court that an individual is guilty through a plea of guilty or
no contest, or a finding of guilt by the court. Evidence of a
conviction of a criminal offense by the court shall be considered
final for the purposes of considering or imposing disciplinary
action by a Member State Dental Board;
(o) "Criminal background check" means a criminal background
check using the results of fingerprint or other biometric data
checks compliant with the requirements of the Federal Bureau of
Investigation, with the exception of federal employees who have
suitability determination in accordance with 5 C.F.R. 731.202;
(p) "Dental hygienist" means any person who:
1. Has successfully graduated from a CODA-approved
dental hygiene school;
2. Has successfully passed the ADEX dental hygiene
licensure examination; or has been in practice 5 years or more and
has successfully passed a Regional Board Examination or equivalent
state-administered psychomotor licensure examination prior to
January 1, 2024;
3. Has successfully passed the written national dental
hygiene board examination administered by the Joint Commission on
National Dental Examinations;
4. Possesses a full and unrestricted dental hygiene
license issued by a Member State;
5. Has never been convicted or received adjudication,
deferred adjudication, community supervision or deferred
disposition for any offense by a court of appropriate jurisdiction;
6. Has never been a subject of discipline by a
Licensing Agency through any Adverse Action, order, or other
restriction of the Licensee by a Licensing Agency, with the
exception of failure to pay fees or failure to complete continuing
education;
7. Is not currently under Active Investigation by a
Licensing Agency or law enforcement authority in any state, federal
or foreign jurisdiction; and
8. Meets any jurisprudence requirement established by
a Member State Dental Board of a Member State in which a Licensee is
seeking a Compact License Privilege.
(q) "Dental Practice Act" means the laws and regulations
governing the practice of dentistry within a Member State;
(r) "Dentist" means any person who:
1. Has successfully graduated from a CODA-approved
dental school;
2. Has successfully passed the ADEX dental licensure
exam; or has been in practice 5 years or more and has successfully
passed a Regional Board Examination or equivalent
state-administered psychomotor licensure examination prior to
January 1, 2024;
3. Has successfully passed the written National Dental
Board Exam administered by the Joint Commission on National Dental
Examinations;
4. Possesses a full and unrestricted dental license
issued by a Member State Dental Board;
5. Has never been convicted or received adjudication,
deferred adjudication, community supervision, or deferred
disposition for any offense by a court of appropriate jurisdiction;
6. Has never been a subject of discipline by a
Licensing Agency through any Adverse Action, order, or other
restriction of the Licensee by a Licensing Agency, with the
exception of failure to pay fees or failure to complete continuing
education;
7. Has never had a state or federal drug registration,
permit, or license restricted, suspended, or revoked by the United
States Drug Enforcement Administration or any Licensing Agency that
oversees scheduled drug registrations;
8. Is not currently under Active Investigation by a
Licensing Agency or law enforcement authority in any state, federal
or foreign jurisdiction; and
9. Meets any jurisprudence requirement established by
a Member State Dental Board in which a Licensee is seeking a Compact
License Privilege;
(s) "Home State" means the state of primary licensure of a
Licensee;
(t) "License" means the authorization by a Licensing
Authority for a dentist or dental hygienist to engage in the
unrestricted practice of dentistry or dental hygiene, which would
be unlawful without such license;
(u) "Licensee" means a Dentist or Dental Hygienist who holds
an unrestricted License to practice as a dentists or dental
hygienist.
(v) "Licensing Agency" means the agency or other entity of a
State that is responsible for the licensing of Dentists and Dental
Hygienists. If a Member State Dental Board has such responsibility,
it shall be deemed a Licensing Agency.
(w) "Member State Dental Board" means a state agency in a
Member State that protects the public through licensure,
regulation, and the education of dentist and dental hygienists, as
directed by the state law. All actions taken by a Member State
Dental Board shall be under the authority of the laws its State and
any other rights conferred under this Compact;
(x) "Member State" means a state or United States territory
that has enacted the Compact;
(y) "Regional Board Examination" means initial licensure
examinations administered by the Western Regional Examining Board
(WREB), the North East Regional Board of Dental Examiners (NERB),
the Commission on Dental Competency Assessments (CDCA), Council of
Interstate Testing Agencies (CITA), Southern Regional Testing
Agency (SRTA), or Central Regional Dental Testing Services (CRDTS)
that assess psychomotor skills;
(z) "Repository" means the repository of original documents
of a Licensee that may include original transcripts, certification
documents, test scores, military training records, previous or
current licensing documents and other sources of materials needed
for applications and verification administered by the AADB or its
successor. The Repository shall receive documents from primary or
originating sources and/or verify their authenticity;
(aa) "Scope of practice" means the dental-related
procedures that require a License, permit, or training, to
undertake the treatment and procedure to be completed on a patient
within the Member State's requirements;
(bb) "State" means a state within the United States or a
United States Territory; and
(cc) "State jurisprudence" means the knowledge of a Member
State's laws and rules of dentistry and dental hygiene.
Section 3. COMPACT AND COMMISSION
a) The Member States hereby create the Interstate Dental and
Dental Hygiene Licensure Compact and the Commission. Each State
must enact a compact that is not materially different from this
Compact, as determined by the Commission.
b) Each Member State Dental Board shall have two (2) voting
members who shall serve as Commissioners. Each Commissioner shall
have one (1) vote. Member States with separate dental and dental
hygiene Licensing Agencies shall appoint one (1) Commissioner from
each licensing agency. One Commissioner shall be a current member
of a Member State Dental Board. Commissioners may not delegate
votes or vote by proxy, however, if a Commissioner is unable to
attend, the Member State may substitute a Commissioner who meets
the same requirements.
c) Upon five (5) states joining the Compact, the Compact
shall become active. The Commission shall adopt Bylaws upon
becoming active.
d) The Commission shall meet at least once per calendar year
(the "Annual Meeting") and at additional times as necessary
pursuant to the Bylaws and rules.
e) At each Annual Meeting, the Commission shall elect a
Chair, Vice Chair, Secretary, and Treasurer from the membership of
the Commission (the "Officers.") The Officers shall be members of
the Commission's Executive Committee (the "Executive Committee.")
The Commission shall also elect representatives from four (4)
regional districts established by the Commission to serve on the
Executive Committee. All Officers and Executive Committee
representatives shall serve one (1)-year terms.
f) Quorum for purposes of conducting business shall be a
majority of Commissioners attending in person or virtually.
g) The Commission shall provide notice of all meetings on
its website and in other communications to Member State Dental
Boards.
h) A vote of two-thirds (2/3) of the Commissioners present
shall be required for an executive session to discuss:
1) Items specifically related to participation in a
lawsuit or in anticipation of a legal proceeding;
2) Matters specifically exempted from disclosure by
federal statute;
3) Information or matters involving law enforcement
agencies or information that accuses a person of a crime or a public
censure;
4) Discussions that would include information of a
personal nature that would constitute an unwarranted invasion of
personal privacy;
5) Anything considered internal practices and
procedures or a trade secret;
6) Other items described in the Commission Bylaws
allowing for executive sessions to be called; or
7) Advice of Legal Counsel.
i) The Commission shall keep minutes and make them available
to all Member States.
j) The Commission may establish other committees as needed.
k) The Commission shall prepare an annual report that shall
be made available to the legislatures and governors of the Member
States. The annual report shall describe the activities of the
Commission during the preceding calendar year. Such reports shall
also include reports of the annual financial audit and any actions
taken by or rules that were adopted by the Commission.
Section 4. DUTIES OF COMPACT MEMBER STATES
a) Member States shall submit to the Clearinghouse all
Member State Dental Board actions and other documents and data as
determined by the Commission;
b) Member States shall notify the Commission of any Adverse
Action taken by the Member State Dental Board, any Active
Investigation by the Member State Dental Board, any Active
Investigation involving pending criminal charges, or other
circumstance as determined by the Commission;
c) Any Adverse Action, order, restriction or denial of a
license or permit on a Licensee or Compact License Privilege holder
shall be reported to the Clearinghouse by the Member State Dental
Board;
d) Member State Dental Boards may submit to the
Clearinghouse nonpublic complaints, or disciplinary or
investigatory information not required by Section 4(c). All
investigatory material shall be considered confidential and not
part of a public record unless otherwise specifically required by
state statute;
e) Accept continuing education credits as required by each
state;
f) Documents in the Repository shall be treated by a Member
State as the equivalent of a primary or original source document for
licensure;
g) Member States shall accept a standardized application
for a Compact License Privilege. The standardized application shall
be established by the rules enacted by the Commission;
h) Member States may agree to share information regarding
ongoing investigations and actions, including joint investigations
between states. All investigatory material shall be considered
confidential and not part of a public record unless otherwise
specifically required by state statute; and
i) As part of the Compact enforcement, participating Member
States may issue subpoenas and seek testimony of witnesses, which
subpoenas shall be enforced in other Member States and enforced by a
court of competent jurisdiction where the witnesses or evidence is
located.
Section 5. POWERS AND DUTIES OF THE COMMISSION
a) The Commission shall have the duty and power to:
1) Oversee and maintain the administration of the
Compact, including the organizational needs, the financial
activities, the hiring of personnel and ongoing activities or needs
of the Commission;
2) Promulgate Bylaws and rules to operate the Compact
and the Commission;
3) Establish a budget and make expenditures;
4) Have an annual financial audit performed by an
independent certified public accounting firm;
5) Issue, upon the request of a Member State Dental
Board, advisory opinions concerning the meaning or interpretation
of the Compact and its Bylaws, rules, and actions;
6) Enforce compliance with Compact provisions, the
rules promulgated by the Commission, and the Bylaws, using all
necessary and proper means, including but not limited to the use of
judicial process;
7) Hold an Annual Meeting for the Commission where the
elections of the Executive Committee and other issues may be
discussed and voted on;
8) Establish personnel policies and programs relating
to conflicts of interest, and the rates of compensation and
qualifications of personnel;
9) Accept donations and grants of money, equipment,
supplies, materials and services, and to receive, utilize and
dispose of them in a manner consistent with the
conflict-of-interest policies established by the Commission;
10) Report annually to the legislatures and governors
of the Member State Dental Boards concerning the activities of the
Commission during the preceding calendar year. Such reports shall
also include reports of annual financial audits, all actions of the
Commission, rules adopted by the Commission, and any
recommendations by the Commission; and
11) Coordinate education, training and public
awareness regarding the Compact, its implementation, and its
operation.
b) The Executive Committee shall have the power to act on
behalf of the Commission, with the exception of rulemaking, during
periods when the Commission is not in session. When acting on behalf
of the Commission, the Executive Committee shall oversee the
administration of the Compact, including enforcement and
compliance of the Compact.
c) The officers and employees of the Commission shall be
immune from suit and liability, either personally or in their
official capacity, for a claim for damage to or loss of property or
personal injury or other civil liability caused or arising out of,
or relating to, an actual or alleged act, error or omission that
occurred, or that such person had a reasonable basis for believing
occurred, within the scope of Commission employment, duties or
responsibilities; provided, that such person shall not be protected
from suit or liability for damage, loss, injury or liability caused
by the intentional or willful and wanton misconduct of such person.
d) The liability of the executive director and employees of
the Commission or representatives of the Commission, acting within
the scope of such person's employment or duties for acts, errors or
omissions occurring within such person's state may not exceed the
limits of liability set forth under the constitution and laws of
that state for state officials, employees and agents. The
Commission shall be considered to be an instrumentality of the
states for the purposes of any such action. Nothing in this
subsection shall be construed to protect such person from suit or
liability for damage, loss, injury or liability caused by the
intentional or willful and wanton misconduct of such person.
e) The Commission shall defend the Commission's executive
director, its employees, and, subject to the approval of the
attorney general or other appropriate legal counsel of the Member
State represented by an Commission representative, shall defend
such Commission representative in any civil action seeking to
impose liability arising out of an actual or alleged act, error or
omission that occurred within the scope of Commission employment,
duties or responsibilities, or that the defendant had a reasonable
basis for believing occurred within the scope of Commission
employment, duties or responsibilities, provided that the actual or
alleged act, error or omission did not result from intentional or
willful and wanton misconduct on the part of such person.
f) To the extent not covered by the state involved, Member
State, or the Commission, the representatives or employees of the
Commission shall be held harmless in the amount of a settlement or
judgment, including attorney fees and costs, obtained against such
persons arising out of an actual or alleged act, error or omission
that occurred within the scope of Commission employment, duties or
responsibilities, or that such persons had a reasonable basis for
believing occurred within the scope of Commission employment,
duties or responsibilities, provided that the actual or alleged
act, error or omission did not result from intentional or willful
and wanton misconduct on the part of such persons.
Section 6. APPLICATION, ELIGIBILITY, AND ISSUANCE OF COMPACT
LICENSE PRIVILEGE TO A MEMBER STATE.
a) A dentist or dental hygienist applying for Compact
License Privileges shall meet the requirements of a Dentist as
listed in Section (2)(r) of this Compact or a Dental Hygienist as
listed in Section (2)(p) of this Compact and hold a current License
in a Member State under this Compact.
b) Each Dentist or Dental Hygienist shall designate a Home
State of licensure. The Home State shall be determined by:
1) The State of primary residence for the Dentist or
Dental Hygienist, where twenty-five percent (25%) of their practice
within one year occurs. An active-duty military member or their
spouse may choose a Home State as designated with the military but
are not required to meet the requirement of twenty-five percent
(25%) practice being within their Home State; or
2) If no State qualifies under Section 6(b)(1), then
the State where the Dentist or Dental Hygienist filed the previous
year's federal tax return.
c) A Dentist or Dental Hygienist may redesignate a Home
State no more than one time in a calendar year if the qualifications
of a Home State are met.
d) A Dentist or Dental hygienist seeking a Compact License
Privilege (the "Applicant") shall apply to their Home State Dental
Board for a letter stating that the Applicant is eligible for
Compact License Privileges.
e) The Home State Dental Board shall determine the
eligibility of an application for a Compact License Privilege and
shall issue a letter of approval or denial of the application for a
Compact License Privilege.
f) The letter from the Applicant's Home State Dental Board
approving the application shall be submitted to the Member State
Dental Board for the Member State in which the Applicant proposes to
practice, and shall include: (i) the Compact application packet;
(ii) authorization to seek access to the Applicant's Repository
documents; (iii) any additional information that may be required by
the proposed Compact License Privilege state; and (iv) any required
fees. The Member State Dental Board shall review the application to
confirm compliance with the Member State's laws and regulations.
Following such review, if the Member State Dental Board approves
the application, it shall issue a Compact License Privilege from
the proposed Member State to the Applicant.
g) Appeals of a denial of a Compact License Privilege
application shall be filed with the Member State Dental Board
making such determination, and shall be filed within thirty (30)
dates of the date of the denial.
h) A Licensee holding a Compact License Privilege shall
notify the Commission within ten (10) business days of any Adverse
Action taken against a License held in a state that is not a Member
State.
i) A Compact License Privilege may be revoked, suspended or
limited by the issuing Member State Dental Board if at any time the
Licensee's Home State license is revoked, suspended or limited.
j) The Commission shall issue rules on the duration of a
Compact License Privilege, the application and renewal process for
a Compact License Privilege, and any application fees.
k) Eligibility or ineligibility to receive a Compact
License Privilege shall not limit the ability of a Licensee to seek
a state license through the regular process outside of the Compact.
7. JURISDICTION OVER COMPACT LICENSE PRIVILEGE HOLDERS
a) Each Licensee holding a Compact License Privilege shall
be subject to and comply with the laws and regulations of the Member
State in which such Licensee practices under a Compact License
Privilege.
b) Each Licensee holding a Compact License Privilege shall
be subject to the jurisdiction and authority of the Member State
Dental Board of the state in which such Licensee practices, as if
they held a license issued from such Member State Dental Board. Such
Compact License Privilege holder shall be deemed a "Licensee" of
the Member State Dental Board for purposes of such board taking an
Adverse Action.
c) Each Licensee holding a Compact License Privilege shall
list a current address with the Commission that shall serve as their
official address of service.
d) A Licensee holding a Compact License Privilege may have
an Adverse Action taken against them by:
1) The Member State Dental Board of the Member State in
which they are practicing with a Compact License Privilege;
2) The Licensee's Home State; or
3) The State Licensing Authority of a State that is not
a Member State from which the Licensee holds a License.
e) A Home State may take an Adverse Action against the
holder of a Compact License Privilege, regardless of where the
actions giving rise to the Adverse Action occurred.
f) Any Member State in which the Compact Licensee holds a
Compact License Privilege may investigate an allegation of a
violation of the laws and rules of the practice of dentistry or
dental hygiene in any other State where the Compact Licensee holds a
Compact License Privilege.
Section 8. FEES AND MILITARY WAIVER
a) The Commission shall issue rules regarding the use of the
Repository by each holder of a Compact License Privilege.
b) A Member State Dental Board issuing a Compact License
Privilege authorizing practice in its State may impose a fee for a
Compact License Privilege, for ether initial issuance or any
renewal.
c) No Compact fee shall be required of any active-duty
military member and/or their spouse up to one (1) year after
separation. Each Member State issuing a Compact License Privilege
may waive fees for active-duty military and/or their spouse as
required by each individual state statute.
d) Active-duty military may transfer military training
records to the Repository without a fee.
Section 9. JOINT INVESTIGATIONS AND DISCIPLINARY ACTIONS
a) Each Member State shall name a point of contact for joint
investigations between Member State Dental Boards.
b) Member State Dental Boards may participate with other
Member State Dental Boards in joint investigations of Licensees
that are subject to this Compact.
c) Member State Dental Boards may share investigative,
litigation or other materials in furtherance of any joint or
individual investigation of a Compact License Privilege holder.
d) A subpoena issued by a Member State or Member State
Dental Board shall be enforceable in other Member States as allowed
by law.
e) If a Compact License Privilege holder has an Adverse
Action taken by any Member State Dental Board against the Compact
License Privilege holder, the Compact License Privilege holder,
Licensee shall automatically be subject to discipline by other
Member State Dental Boards.
f) If a Compact License Privilege holder has an Adverse
Action taken against their Home State license, including being
revoked, surrendered, or relinquished in lieu of discipline or
suspended, then automatically all other Compact License Privileges
shall be placed in the same status. The Home State Dental Board
shall notify the Commission and the Commission shall issue a notice
to all Member State Dental Boards of such Adverse Action.
g) If discipline or an Adverse Action is taken against a
Compact License Privilege holder in a Member State, the Member
State Board shall notify the Commission and the Home State of the
Compact License Privilege holder. The Home State may deem the
action conclusive as a matter of law and fact decided and may:
1) Impose the same or lesser sanction consistent with
the Home State's laws; or
2) Pursue separate actions against the Compact License
Privilege holder under its laws, regardless of the sanctions
pursued by the Member State Dental Board.
Section 10. OTHER REQUESTS FOR INFORMATION FROM THE REPOSITORY AND
THE CLEARINGHOUSE
a) Insurance companies and entities verifying documents for
the purpose of licenses extended to a Dentist or Dental Hygienist
may seek information from the Clearinghouse for public record
documents;
b) A Dentist or Dental Hygienist may submit a request to the
Commission to allow any hiring employer, entity, or insurance
company to access documents from the Repository for the purposes of
credentialing, licensing or other privileges;
c) The Commission shall set a fee schedule for these
services.
Section 11. RULEMAKING FUNCTIONS OF THE COMMISSION
a) The Commission shall promulgate reasonable rules in
order to effectively and efficiently implement and achieve the
purposes and administration of the Compact. Notwithstanding the
foregoing, in the event the Commission exercises its rulemaking
authority in a manner that is beyond the scope of the purposes of
the Compact or the powers granted hereunder, then such an action by
the Commission may be determined to be invalid and have no force or
effect.
b) Rules issued by the Commission shall have the force of
law in each Member State.
c) Rules deemed appropriate for the operations of the
Commission shall be made pursuant to a rulemaking process that
substantially conforms to the Model State Administrative Procedure
Act of 2010, and subsequent amendments thereto.
Section 12. OVERSIGHT OF THE COMPACT
a) The executive, legislative, and judicial branches of
state government in each Member State shall enforce the Compact and
shall take all actions necessary and appropriate to effectuate the
Compact's purposes and intent to allow for expedited licensure for
the purpose of mobility. The provisions of the Compact and the rules
promulgated hereunder shall have standing as statutory law but
shall not override existing state authority to regulate the
practice of dentistry and dental hygiene.
b) All courts may take judicial notice of the Compact and
the rules in any judicial or administrative proceeding in a Member
State pertaining to the subject matter of the Compact which may
affect the powers, responsibilities or actions of the Commission.
c) The Commission shall be entitled to receive all service
of process in any such proceeding and shall have standing to
intervene in the proceeding for all purposes. Failure to provide
service of process to the Commission shall render a judgment or
order void as to the Commission, the Compact or promulgated rules.
Section 13. ENFORCEMENT AND DEFAULT PROCEDURES
a) The Commission, in the reasonable exercise of its
discretion, shall enforce the provisions and rules of the Compact.
b) The grounds for default under this Compact by a Member
State include, but are not limited to, failure of a Member State to
perform such obligations or responsibilities imposed upon it by the
Compact or by the rules and Bylaws of the Commission promulgated
under the Compact.
c) If the Commission determines that a Member State has
defaulted in the performance of its obligations or responsibilities
under the Compact, or the Bylaws or promulgated rules, the
Commission shall:
1) provide written notice to the defaulting state and
other Member States of the nature of the default, the means of
curing the default and any action taken by the Commission. The
Commission shall specify the conditions by which the defaulting
state must cure its default; and
2) provide remedial training and specific technical
assistance regarding the default.
d) If the defaulting state fails to cure the default, the
defaulting state shall be terminated from the Compact upon an
affirmative vote of a majority of the Commissioners and all rights,
privileges and benefits conferred by the Compact shall terminate on
the effective date of termination. A cure of the default does not
relieve the offending state of obligations or liabilities incurred
during the period of the default.
e) Termination of membership in the Compact shall be imposed
only after all other means of securing compliance have been
exhausted. Notice of intent to terminate shall be given by the
Commission to the Governor, the majority and minority leaders of
the defaulting state's legislature and each of the Member States.
f) The Commission shall establish rules and procedures to
address licenses and Compact License Privilege holders that are
materially impacted by the termination of a Member State or the
withdrawal of a Member State.
g) The Commission shall not bear any costs relating to any
state that has been found to be in default or which has been
terminated from the Compact, unless otherwise mutually agreed upon
in writing between the Commission and the defaulting state.
h) The defaulting state may appeal the action of the
Commission by petitioning the federal district where the Commission
has its principal offices. The prevailing party shall be awarded
all costs of such litigation, including reasonable attorney fees.
i) The Commission shall not bear any costs relating to any
state that has been found to be in default or which has been
terminated from the Compact, unless otherwise mutually agreed upon
in writing between the Commission and the defaulting state.
j) The remedies herein shall not be the exclusive remedies
of the Commission. The Commission may avail itself of any other
remedies available under state law or the regulation of a
profession.
Section 14. DISPUTE RESOLUTION
a) The Commission shall attempt, upon the request of a
Member State Dental Board, to resolve disputes which are subject to
the Compact and which may arise among Member State Dental Boards.
b) The Commission shall promulgate rules providing for both
mediation and binding dispute resolution, as appropriate.
Section 15. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT
a) Any state is eligible to become a Member State of the
Compact.
b) The Compact shall become effective and binding upon
legislative enactment of the Compact into law by no less than five
(5) states. Thereafter, it shall become effective and binding on a
state upon enactment of the Compact into law by that State.
c) The governors of non-member states, or their designees,
shall be invited to participate in the activities of the Commission
on a nonvoting basis prior to adoption of the Compact by all States.
d) The Commission may propose amendments to the Compact for
enactment by the Member States. No amendment shall become effective
and binding upon the Commission and the Member States unless and
until it is enacted into law by unanimous consent of the Member
States.
Section 16. WITHDRAWAL
a) Once effective, the Compact shall continue in force and
remain binding upon each and every Member State; provided, however,
that a Member State may withdraw from the Compact after giving
appropriate notice by specifically repealing the statute which
enacted the Compact into law.
b) The Licensee's Compact License Privilege shall remain in
effect for six (6) months from the date of the Member State Dental
Board withdrawal.
c) The withdrawing State shall immediately notify the
chairperson of the Commission in writing upon the introduction of
legislation repealing the Compact by the withdrawing state.
d) The Commission shall notify the other Member States of
the withdrawing State's intention to withdraw within sixty (60)
days of its receipt of notice provided under Section 16(c) of this
section.
e) Reinstatement following withdrawal of a Member State
shall occur upon the withdrawing state reenacting the Compact or
upon such later date as determined by the Commission.
f) The Commission shall issue rules to address the impact of
the withdrawal of a Member State on Licenses granted by other
Member States to dentists and dental hygienists who designated the
withdrawing Member State as their Home State.
Section 17. DISSOLUTION
a) The Compact shall dissolve effective upon the date of the
withdrawal or default of the Member State which reduces the
membership in the Compact to one (1) Member State.
b) Upon the dissolution of the Compact, the Compact shall
become null and void and shall be of no further force or effect, and
the business and affairs of the Commission shall be concluded and
surplus funds shall be distributed in accordance with the Bylaws.
Section 18. SEVERABILITY AND CONSTRUCTION
a) The provisions of the Compact shall be severable, and if
any phrase, clause, sentence or provision is deemed unenforceable,
the remaining provisions of the Compact shall be enforceable.
b) The provisions of the Compact shall be liberally
construed to effectuate its purposes.
Section 19. BINDING EFFECT OF COMPACT AND OTHER LAWS
a) Nothing herein prevents the enforcement of any other law
of a Member State that is not inconsistent with the Compact.
b) All lawful actions of the Commission, including all rules
and Bylaws promulgated by the Commission, shall be binding upon the
Member States.
c) All agreements between the Commission and the Member
States shall beare binding in accordance with their terms.
d) In the event any provision of the Compact exceeds the
constitutional limits imposed on the legislature of any Member
State, such provision shall be ineffective to the extent of the
conflict with the constitutional provision in question in that
Member State.
Section 20. RULES OF ORDER
The most current edition of the American Institute of
Parliamentarians Standard Code of Parliamentary Procedure shall shall
all meetings of the Commission, including its committees, in those
situations not otherwise covered in the Bylaws.
Sec. 268.002. ADMINISTRATION OF COMPACT. The board is the
Interstate Dental and Dental Hygiene Licensure Compact
administrator for this state.
Sec. 268.003. RULES. The board may adopt rules necessary to
implement this chapter.
SECTION 2. This Act takes effect September 1, 2025.