Texas 2025 - 89th Regular

Texas Senate Bill SB1109 Compare Versions

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Old	New	Differences
1	1	89R2093 SCP-D
2	2	By: Parker S.B. No. 1109
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6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the Dentist and Dental Hygienist Compact; authorizing
10	10	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. DENTIST AND DENTAL HYGIENIST COMPACT
15	15	Sec. 268.001. DENTIST AND DENTAL HYGIENIST COMPACT. The
16	16	Dentist and Dental Hygienist Compact is enacted and entered into
17	17	with all other jurisdictions that legally join in the compact,
18	18	which reads as follows:
19	19	DENTIST AND DENTAL HYGIENIST COMPACT
20	20	SECTION 1. TITLE AND PURPOSE
21	21	This statute shall be known and cited as the Dentist and Dental
22	22	Hygienist Compact. The purposes of this Compact are to facilitate
23	23	the interstate practice of dentistry and dental hygiene and improve
24	24	public access to dentistry and dental hygiene services by providing
25	25	Dentists and Dental Hygienists licensed in a Participating State
26	26	the ability to practice in Participating States in which they are
27	27	not licensed. The Compact does this by establishing a pathway for a
28	28	Dentists and Dental Hygienists licensed in a Participating State to
29	29	obtain a Compact Privilege that authorizes them to practice in
30	30	another Participating State in which they are not licensed. The
31	31	Compact enables Participating States to protect the public health
32	32	and safety with respect to the practice of such Dentists and Dental
33	33	Hygienists, through the State's authority to regulate the practice
34	34	of dentistry and dental hygiene in the State. The Compact:
35	35	A. Enables Dentists and Dental Hygienists who qualify for a
36	36	Compact Privilege to practice in other Participating
37	37	States without satisfying burdensome and duplicative
38	38	requirements associated with securing a License to
39	39	practice in those States;
40	40	B. Promotes mobility and addresses workforce shortages
41	41	through each Participating State's acceptance of a Compact
42	42	Privilege to practice in that State;
43	43	C. Increases public access to qualified, licensed Dentists
44	44	and Dental Hygienists by creating a responsible,
45	45	streamlined pathway for Licensees to practice in
46	46	Participating States.
47	47	D. Enhances the ability of Participating States to protect
48	48	the public's health and safety;
49	49	E. Does not interfere with licensure requirements
50	50	established by a Participating State;
51	51	F. Facilitates the sharing of licensure and disciplinary
52	52	information among Participating States;
53	53	G. Requires Dentists and Dental Hygienists who practice in a
54	54	Participating State pursuant to a Compact Privilege to
55	55	practice within the Scope of Practice authorized in that
56	56	State;
57	57	H. Extends the authority of a Participating State to regulate
58	58	the practice of dentistry and dental hygiene within its
59	59	borders to Dentists and Dental Hygienists who practice in
60	60	the State through a Compact Privilege;
61	61	I. Promotes the cooperation of Participating State in
62	62	regulating the practice of dentistry and dental hygiene
63	63	within those States;
64	64	J. Facilitates the relocation of military members and their
65	65	spouses who are licensed to practice dentistry or dental
66	66	hygiene;
67	67	SECTION 2. DEFINITIONS
68	68	As used in this Compact, unless the context requires otherwise, the
69	69	following definitions shall apply:
70	70	A. "Active Military Member" means any person with full-time
71	71	duty status in the armed forces of the United States,
72	72	including members of the National Guard and Reserve.
73	73	B. "Adverse Action" means disciplinary action or encumbrance
74	74	imposed on a License or Compact Privilege by a State
75	75	Licensing Authority.
76	76	C. "Alternative Program" means a non-disciplinary monitoring
77	77	or practice remediation process applicable to a Dentist or
78	78	Dental Hygienist approved by a State Licensing Authority
79	79	of a Participating State in which the Dentist or Dental
80	80	Hygienist is licensed. This includes, but is not limited
81	81	to, programs to which Licensees with substance abuse or
82	82	addiction issues are referred in lieu of Adverse Action.
83	83	D. "Clinical Assessment" means examination or process,
84	84	required for licensure as a Dentist or Dental Hygienist as
85	85	applicable, that provides evidence of clinical competence
86	86	in dentistry or dental hygiene.
87	87	E. "Commissioner" means the individual appointed by a
88	88	Participating State to serve as the member of the
89	89	Commission for that Participating State.
90	90	F. "Compact" means this Dentist and Dental Hygienist
91	91	Compact.
92	92	G. "Compact Privilege" means the authorization granted by a
93	93	Remote State to allow a Licensee from a Participating
94	94	State to practice as a Dentist or Dental Hygienist in a
95	95	Remote State.
96	96	H. "Continuing Professional Development" means a
97	97	requirement, as a condition of License renewal to provide
98	98	evidence of successful participation in educational or
99	99	professional activities relevant to practice or area of
100	100	work.
101	101	I. "Criminal Background Check" means the submission of
102	102	fingerprints or other biometric-based information for a
103	103	License applicant for the purpose of obtaining that
104	104	applicant's criminal history record information, as
105	105	defined in 28 C.F.R. § 20.3(d) from the Federal Bureau of
106	106	Investigation and the State's criminal history record
107	107	repository as defined in 28 C.F.R. § 20.3(f).
108	108	J. "Data System" means the Commission's repository of
109	109	information about Licensees, including but not limited to
110	110	examination, licensure, investigative, Compact Privilege,
111	111	Adverse Action, and Alternative Program.
112	112	K. "Dental Hygienist" means an individual who is licensed by
113	113	a State Licensing Authority to practice dental hygiene.
114	114	L. "Dentist" means an individual who is licensed by a State
115	115	Licensing Authority to practice dentistry.
116	116	M. "Dentist and Dental Hygienist Compact Commission" or
117	117	"Commission" means a joint government agency established
118	118	by this Compact comprised of each State that has enacted
119	119	the Compact and a national administrative body comprised
120	120	of a Commissioner from each State that has enacted the
121	121	Compact.
122	122	N. "Encumbered License" means a License that a State
123	123	Licensing Authority has limited in any way other than
124	124	through an Alternative Program.
125	125	O. "Executive Board" means the Chair, Vice Chair, Secretary
126	126	and Treasurer and any other Commissioners as may be
127	127	determined by Commission Rule or bylaw.
128	128	P. "Jurisprudence Requirement" means the assessment of an
129	129	individual's knowledge of the laws and Rules governing the
130	130	practice of dentistry or dental hygiene, as applicable, in
131	131	a State.
132	132	Q. "License” means current authorization by a State, other
133	133	than authorization pursuant to a Compact Privilege, or
134	134	other privilege, for an individual to practice as a
135	135	Dentist or Dental Hygienist in that State.
136	136	R. "Licensee" means an individual who holds an unrestricted
137	137	License from a Participating State to practice as a
138	138	Dentist or Dental Hygienist in that State.
139	139	S. "Model Compact" the model for the Dentist and Dental
140	140	Hygienist Compact on file with the Council of State
141	141	Governments or other entity as designated by the
142	142	Commission.
143	143	T. "Participating State" means a State that has enacted the
144	144	Compact and been admitted to the Commission in accordance
145	145	with the provisions herein and Commission Rules.
146	146	U. "Qualifying License" means a License that is not an
147	147	Encumbered License issued by a Participating State to
148	148	practice dentistry or dental hygiene.
149	149	V. "Remote State" means a Participating State where a
150	150	Licensee who is not licensed as a Dentist or Dental
151	151	Hygienist is exercising or seeking to exercise the Compact
152	152	Privilege.
153	153	W. "Rule" means a regulation promulgated by an entity that
154	154	has the force of law.
155	155	X. "Scope of Practice" means the procedures, actions, and
156	156	processes a Dentist or Dental Hygienist licensed in a
157	157	State is permitted to undertake in that State and the
158	158	circumstances under which the Licensee is permitted to
159	159	undertake those procedures, actions and processes. Such
160	160	procedures, actions and processes and the circumstances
161	161	under which they may be undertaken may be established
162	162	through means, including, but not limited to, statute,
163	163	regulations, case law, and other processes available to
164	164	the State Licensing Authority or other government agency.
165	165	Y. "Significant Investigative Information" means
166	166	information, records, and documents received or generated
167	167	by a State Licensing Authority pursuant to an
168	168	investigation for which a determination has been made that
169	169	there is probable cause to believe that the Licensee has
170	170	violated a statute or regulation that is considered more
171	171	than a minor infraction for which the State Licensing
172	172	Authority could pursue Adverse Action against the
173	173	Licensee.
174	174	Z. "State" means any state, commonwealth, district, or
175	175	territory of the United States of America that regulates
176	176	the practices of dentistry and dental hygiene.
177	177	AA. "State Licensing Authority" means an agency or other
178	178	entity of a State that is responsible for the licensing and
179	179	regulation of Dentists or Dental Hygienists.
180	180	SECTION 3. STATE PARTICIPATION IN THE COMPACT
181	181	A. In order to join the Compact and thereafter continue as a
182	182	Participating State, a State must:
183	183	1. Enact a compact that is not materially different from the
184	184	Model Compact as determined in accordance with Commission
185	185	Rules;
186	186	2. Participate fully in the Commission's Data System;
187	187	3. Have a mechanism in place for receiving and investigating
188	188	complaints about its Licensees and License applicants;
189	189	4. Notify the Commission, in compliance with the terms of the
190	190	Compact and Commission Rules, of any Adverse Action or the
191	191	availability of Significant Investigative Information
192	192	regarding a Licensee and License applicant;
193	193	5. Fully implement a Criminal Background Check requirement,
194	194	within a time frame established by Commission Rule, by
195	195	receiving the results of a qualifying Criminal Background
196	196	Check;
197	197	6. Comply with the Commission Rules applicable to a
198	198	Participating State;
199	199	7. Accept the National Board Examinations of the Joint
200	200	Commission on National Dental Examinations or another
201	201	examination accepted by Commission Rule as a licensure
202	202	examination;
203	203	8. Accept for licensure that applicants for a Dentist License
204	204	graduate from a predoctoral dental education program
205	205	accredited by the Commission on Dental Accreditation, or
206	206	another accrediting agency recognized by the United States
207	207	Department of Education for the accreditation of dentistry
208	208	and dental hygiene education programs, leading to the
209	209	Doctor of Dental Surgery (D.D.S.) or Doctor of Dental
210	210	Medicine (D.M.D.) degree;
211	211	9. Accept for licensure that applicants for a Dental
212	212	Hygienist License graduate from a dental hygiene education
213	213	program accredited by the Commission on Dental
214	214	Accreditation or another accrediting agency recognized by
215	215	the United States Department of Education for the
216	216	accreditation of dentistry and dental hygiene education
217	217	programs;
218	218	10. Require for licensure that applicants successfully
219	219	complete a Clinical Assessment;
220	220	11. Have Continuing Professional Development requirements as
221	221	a condition for License renewal; and
222	222	12. Pay a participation fee to the Commission as established
223	223	by Commission Rule.
224	224	B. Providing alternative pathways for an individual to obtain an
225	225	unrestricted License does not disqualify a State from
226	226	participating in the Compact.
227	227	C. When conducting a Criminal Background Check the State Licensing
228	228	Authority shall:
229	229	1. Consider that information in making a licensure decision;
230	230	2. Maintain documentation of completion of the Criminal
231	231	Background Check and background check information to the
232	232	extent allowed by State and federal law; and
233	233	3. Report to the Commission whether it has completed the
234	234	Criminal Background Check and whether the individual was
235	235	granted or denied a License.
236	236	D. A Licensee of a Participating State who has a Qualifying License
237	237	in that State and does not hold an Encumbered License in any other
238	238	Participating State, shall be issued a Compact Privilege in a
239	239	Remote State in accordance with the terms of the Compact and
240	240	Commission Rules. If a Remote State has a Jurisprudence
241	241	Requirement a Compact Privilege will not be issued to the
242	242	Licensee unless the Licensee has satisfied the Jurisprudence
243	243	Requirement.
244	244	SECTION 4. COMPACT PRIVILEGE
245	245	A. To obtain and exercise the Compact Privilege under the terms and
246	246	provisions of the Compact, the Licensee shall:
247	247	1. Have a Qualifying License as a Dentist or Dental Hygienist
248	248	in a Participating State;
249	249	2. Be eligible for a Compact Privilege in any Remote State in
250	250	accordance with D, G and H of this section;
251	251	3. Submit to an application process whenever the Licensee is
252	252	seeking a Compact Privilege;
253	253	4. Pay any applicable Commission and Remote State fees for a
254	254	Compact Privilege in the Remote State;
255	255	5. Meet any Jurisprudence Requirement established by a
256	256	Remote State in which the Licensee is seeking a Compact
257	257	Privilege;
258	258	6. Have passed a National Board Examination of the Joint
259	259	Commission on National Dental Examinations or another
260	260	examination accepted by Commission Rule;
261	261	7. For a Dentist, have graduated from a predoctoral dental
262	262	education program accredited by the Commission on Dental
263	263	Accreditation, or another accrediting agency recognized
264	264	by the United States Department of Education for the
265	265	accreditation of dentistry and dental hygiene education
266	266	programs, leading to the Doctor of Dental Surgery (D.D.S.)
267	267	or Doctor of Dental Medicine (D.M.D.) degree;
268	268	8. For a Dental Hygienist, have graduated from a dental
269	269	hygiene education program accredited by the Commission on
270	270	Dental Accreditation or another accrediting agency
271	271	recognized by the United States Department of Education
272	272	for the accreditation of dentistry and dental hygiene
273	273	education programs;
274	274	9. Have successfully completed a Clinical Assessment for
275	275	licensure;
276	276	10. Report to the Commission Adverse Action taken by any
277	277	non-Participating State when applying for a Compact
278	278	Privilege and, otherwise, within thirty (30) days from the
279	279	date the Adverse Action is taken;
280	280	11. Report to the Commission when applying for a Compact
281	281	Privilege the address of the Licensee's primary residence
282	282	and thereafter immediately report to the Commission any
283	283	change in the address of the Licensee's primary residence;
284	284	and
285	285	12. Consent to accept service of process by mail at the
286	286	Licensee's primary residence on record with the Commission
287	287	with respect to any action brought against the Licensee by
288	288	the Commission or a Participating State, and consent to
289	289	accept service of a subpoena by mail at the Licensee's
290	290	primary residence on record with the Commission with
291	291	respect to any action brought or investigation conducted
292	292	by the Commission or a Participating State.
293	293	B. The Licensee must comply with the requirements of subsection A
294	294	of this section to maintain the Compact Privilege in the Remote
295	295	State. If those requirements are met, the Compact Privilege will
296	296	continue as long as the Licensee maintains a Qualifying License
297	297	in the State through which the Licensee applied for the Compact
298	298	Privilege and pays any applicable Compact Privilege renewal fees.
299	299	C. A Licensee providing dentistry or dental hygiene in a Remote
300	300	State under the Compact Privilege shall function within the Scope
301	301	of Practice authorized by the Remote State for a Dentist or Dental
302	302	Hygienist licensed in that State.
303	303	D. A Licensee providing dentistry or dental hygiene pursuant to a
304	304	Compact Privilege in a Remote State is subject to that State's
305	305	regulatory authority. A Remote State may, in accordance with due
306	306	process and that State's laws, by Adverse Action revoke or remove
307	307	a Licensee's Compact Privilege in the Remote State for a specific
308	308	period of time and impose fines or take any other necessary
309	309	actions to protect the health and safety of its citizens. If a
310	310	Remote State imposes an Adverse Action against a Compact
311	311	Privilege that limits the Compact Privilege, that Adverse Action
312	312	applies to all Compact Privileges in all Remote States. A
313	313	Licensee whose Compact Privilege in a Remote State is removed for
314	314	a specified period of time is not eligible for a Compact Privilege
315	315	in any other Remote State until the specific time for removal of
316	316	the Compact Privilege has passed and all encumbrance requirements
317	317	are satisfied.
318	318	E. If a License in a Participating State is an Encumbered License,
319	319	the Licensee shall lose the Compact Privilege in a Remote State
320	320	and shall not be eligible for a Compact Privilege in any Remote
321	321	State until the License is no longer encumbered.
322	322	F. Once an Encumbered License in a Participating State is restored
323	323	to good standing, the Licensee must meet the requirements of
324	324	subsection A of this section to obtain a Compact Privilege in a
325	325	Remote State.
326	326	G. If a Licensee's Compact Privilege in a Remote State is removed by
327	327	the Remote State, the individual shall lose or be ineligible for
328	328	the Compact Privilege in any Remote State until the following
329	329	occur:
330	330	1. The specific period of time for which the Compact
331	331	Privilege was removed has ended; and
332	332	2. All conditions for removal of the Compact Privilege have
333	333	been satisfied.
334	334	H. Once the requirements of subsection G of this section have been
335	335	met, the Licensee must meet the requirements in subsection A of
336	336	this section to obtain a Compact Privilege in a Remote State.
337	337	SECTION 5. ACTIVE MILITARY MEMBER OR THEIR SPOUSES
338	338	An Active Military Member and their spouse shall not be required to
339	339	pay to the Commission for a Compact Privilege the fee otherwise
340	340	charged by the Commission. If a Remote State chooses to charge a fee
341	341	for a Compact Privilege, it may choose to charge a reduced fee or no
342	342	fee to an Active Military Member and their spouse for a Compact
343	343	Privilege.
344	344	SECTION 6. ADVERSE ACTIONS
345	345	A. A Participating State in which a Licensee is licensed shall have
346	346	exclusive authority to impose Adverse Action against the
347	347	Qualifying License issued by that Participating State.
348	348	B. A Participating State may take Adverse Action based on the
349	349	Significant Investigative Information of a Remote State, so long
350	350	as the Participating State follows its own procedures for
351	351	imposing Adverse Action.
352	352	C. Nothing in this Compact shall override a Participating State's
353	353	decision that participation in an Alternative Program may be used
354	354	in lieu of Adverse Action and that such participation shall
355	355	remain non-public if required by the Participating State's laws.
356	356	Participating States must require Licensees who enter any
357	357	Alternative Program in lieu of discipline to agree not to
358	358	practice pursuant to a Compact Privilege in any other
359	359	Participating State during the term of the Alternative Program
360	360	without prior authorization from such other Participating State.
361	361	D. Any Participating State in which a Licensee is applying to
362	362	practice or is practicing pursuant to a Compact Privilege may
363	363	investigate actual or alleged violations of the statutes and
364	364	regulations authorizing the practice of dentistry or dental
365	365	hygiene in any other Participating State in which the Dentist or
366	366	Dental Hygienist holds a License or Compact Privilege.
367	367	E. A Remote State shall have the authority to:
368	368	1. Take Adverse Actions as set forth in Section 4.D against a
369	369	Licensee's Compact Privilege in the State;
370	370	2. In furtherance of its rights and responsibilities under
371	371	the Compact and the Commission's Rules issue subpoenas for
372	372	both hearings and investigations that require the
373	373	attendance and testimony of witnesses, and the production
374	374	of evidence. Subpoenas issued by a State Licensing
375	375	Authority in a Participating State for the attendance and
376	376	testimony of witnesses, or the production of evidence from
377	377	another Participating State, shall be enforced in the
378	378	latter State by any court of competent jurisdiction,
379	379	according to the practice and procedure of that court
380	380	applicable to subpoenas issued in proceedings pending
381	381	before it. The issuing authority shall pay any witness
382	382	fees, travel expenses, mileage, and other fees required by
383	383	the service statutes of the State where the witnesses or
384	384	evidence are located; and
385	385	3. If otherwise permitted by State law, recover from the
386	386	Licensee the costs of investigations and disposition of
387	387	cases resulting from any Adverse Action taken against that
388	388	Licensee.
389	389	F. Joint Investigations
390	390	1. In addition to the authority granted to a Participating
391	391	State by its Dentist or Dental Hygienist licensure act or
392	392	other applicable State law, a Participating State may
393	393	jointly investigate Licensees with other Participating
394	394	States.
395	395	2. Participating States shall share any Significant
396	396	Investigative Information, litigation, or compliance
397	397	materials in furtherance of any joint or individual
398	398	investigation initiated under the Compact.
399	399	G. Authority to Continue Investigation
400	400	1. After a Licensee's Compact Privilege in a Remote State is
401	401	terminated, the Remote State may continue an investigation
402	402	of the Licensee that began when the Licensee had a Compact
403	403	Privilege in that Remote State.
404	404	2. If the investigation yields what would be Significant
405	405	Investigative Information had the Licensee continued to
406	406	have a Compact Privilege in that Remote State, the Remote
407	407	State shall report the presence of such information to the
408	408	Data System as required by Section 8.B.6 as if it was
409	409	Significant Investigative Information.
410	410	SECTION 7. ESTABLISHMENT AND OPERATION OF THE COMMISSION.
411	411	A. The Compact Participating States hereby create and establish a
412	412	joint government agency whose membership consists of all
413	413	Participating States that have enacted the Compact. The
414	414	Commission is an instrumentality of the Participating States
415	415	acting jointly and not an instrumentality of any one State. The
416	416	Commission shall come into existence on or after the effective
417	417	date of the Compact as set forth in Section 11A.
418	418	B. Participation, Voting, and Meetings
419	419	1. Each Participating State shall have and be limited to one
420	420	(1) Commissioner selected by that Participating State's
421	421	State Licensing Authority or, if the State has more than
422	422	one State Licensing Authority, selected collectively by
423	423	the State Licensing Authorities.
424	424	2. The Commissioner shall be a member or designee of such
425	425	Authority or Authorities.
426	426	3. The Commission may by Rule or bylaw establish a term of
427	427	office for Commissioners and may by Rule or bylaw
428	428	establish term limits.
429	429	4. The Commission may recommend to a State Licensing
430	430	Authority or Authorities, as applicable, removal or
431	431	suspension of an individual as the State's Commissioner.
432	432	5. A Participating State's State Licensing Authority, or
433	433	Authorities, as applicable, shall fill any vacancy of its
434	434	Commissioner on the Commission within sixty (60) days of
435	435	the vacancy.
436	436	6. Each Commissioner shall be entitled to one vote on all
437	437	matters that are voted upon by the Commission.
438	438	7. The Commission shall meet at least once during each
439	439	calendar year. Additional meetings may be held as set
440	440	forth in the bylaws. The Commission may meet by
441	441	telecommunication, video conference or other similar
442	442	electronic means.
443	443	C. The Commission shall have the following powers:
444	444	1. Establish the fiscal year of the Commission;
445	445	2. Establish a code of conduct and conflict of interest
446	446	policies;
447	447	3. Adopt Rules and bylaws;
448	448	4. Maintain its financial records in accordance with the
449	449	bylaws;
450	450	5. Meet and take such actions as are consistent with the
451	451	provisions of this Compact, the Commission's Rules, and
452	452	the bylaws;
453	453	6. Initiate and conclude legal proceedings or actions in the
454	454	name of the Commission, provided that the standing of any
455	455	State Licensing Authority to sue or be sued under
456	456	applicable law shall not be affected;
457	457	7. Maintain and certify records and information provided to a
458	458	Participating State as the authenticated business records
459	459	of the Commission, and designate a person to do so on the
460	460	Commission's behalf;
461	461	8. Purchase and maintain insurance and bonds;
462	462	9. Borrow, accept, or contract for services of personnel,
463	463	including, but not limited to, employees of a
464	464	Participating State;
465	465	10. Conduct an annual financial review;
466	466	11. Hire employees, elect or appoint officers, fix
467	467	compensation, define duties, grant such individuals
468	468	appropriate authority to carry out the purposes of the
469	469	Compact, and establish the Commission's personnel
470	470	policies and programs relating to conflicts of interest,
471	471	qualifications of personnel, and other related personnel
472	472	matters;
473	473	12. As set forth in the Commission Rules, charge a fee to a
474	474	Licensee for the grant of a Compact Privilege in a Remote
475	475	State and thereafter, as may be established by Commission
476	476	Rule, charge the Licensee a Compact Privilege renewal fee
477	477	for each renewal period in which that Licensee exercises
478	478	or intends to exercise the Compact Privilege in that
479	479	Remote State. Nothing herein shall be construed to prevent
480	480	a Remote State from charging a Licensee a fee for a Compact
481	481	Privilege or renewals of a Compact Privilege, or a fee for
482	482	the Jurisprudence Requirement if the Remote State imposes
483	483	such a requirement for the grant of a Compact Privilege;
484	484	13. Accept any and all appropriate gifts, donations, grants
485	485	of money, other sources of revenue, equipment, supplies,
486	486	materials, and services, and receive, utilize, and dispose
487	487	of the same; provided that at all times the Commission
488	488	shall avoid any appearance of impropriety and/or conflict
489	489	of interest;
490	490	14. Lease, purchase, retain, own, hold, improve, or use any
491	491	property, real, personal, or mixed, or any undivided
492	492	interest therein;
493	493	15. Sell, convey, mortgage, pledge, lease, exchange,
494	494	abandon, or otherwise dispose of any property real,
495	495	personal, or mixed;
496	496	16. Establish a budget and make expenditures;
497	497	17. Borrow money;
498	498	18. Appoint committees, including standing committees, which
499	499	may be composed of members, State regulators, State
500	500	legislators or their representatives, and consumer
501	501	representatives, and such other interested persons as may
502	502	be designated in this Compact and the bylaws;
503	503	19. Provide and receive information from, and cooperate
504	504	with, law enforcement agencies;
505	505	20. Elect a Chair, Vice Chair, Secretary and Treasurer and
506	506	such other officers of the Commission as provided in the
507	507	Commission's bylaws;
508	508	21. Establish and elect an Executive Board;
509	509	22. Adopt and provide to the Participating States an annual
510	510	report;
511	511	23. Determine whether a State's enacted compact is
512	512	materially different from the Model Compact language such
513	513	that the State would not qualify for participation in the
514	514	Compact; and
515	515	24. Perform such other functions as may be necessary or
516	516	appropriate to achieve the purposes of this Compact.
517	517	D. Meetings of the Commission
518	518	1. All meetings of the Commission that are not closed
519	519	pursuant to this subsection shall be open to the public.
520	520	Notice of public meetings shall be posted on the
521	521	Commission's website at least thirty (30) days prior to
522	522	the public meeting.
523	523	2. Notwithstanding subsection D.1 of this section, the
524	524	Commission may convene an emergency public meeting by
525	525	providing at least twenty-four (24) hours prior notice on
526	526	the Commission's website, and any other means as provided
527	527	in the Commission's Rules, for any of the reasons it may
528	528	dispense with notice of proposed rulemaking under Section
529	529	9.L. The Commission's legal counsel shall certify that one
530	530	of the reasons justifying an emergency public meeting has
531	531	been met.
532	532	3. Notice of all Commission meetings shall provide the time,
533	533	date, and location of the meeting, and if the meeting is to
534	534	be held or accessible via telecommunication, video
535	535	conference, or other electronic means, the notice shall
536	536	include the mechanism for access to the meeting through
537	537	such means.
538	538	4. The Commission may convene in a closed, non-public meeting
539	539	for the Commission to receive legal advice or to discuss:
540	540	a. Non-compliance of a Participating State with its
541	541	obligations under the Compact;
542	542	b. The employment, compensation, discipline or other
543	543	matters, practices or procedures related to specific
544	544	employees or other matters related to the
545	545	Commission's internal personnel practices and
546	546	procedures;
547	547	c. Current or threatened discipline of a Licensee or
548	548	Compact Privilege holder by the Commission or by a
549	549	Participating State's Licensing Authority;
550	550	d. Current, threatened, or reasonably anticipated
551	551	litigation;
552	552	e. Negotiation of contracts for the purchase, lease, or
553	553	sale of goods, services, or real estate;
554	554	f. Accusing any person of a crime or formally censuring
555	555	any person;
556	556	g. Trade secrets or commercial or financial information
557	557	that is privileged or confidential;
558	558	h. Information of a personal nature where disclosure
559	559	would constitute a clearly unwarranted invasion of
560	560	personal privacy;
561	561	i. Investigative records compiled for law enforcement
562	562	purposes;
563	563	j. Information related to any investigative reports
564	564	prepared by or on behalf of or for use of the
565	565	Commission or other committee charged with
566	566	responsibility of investigation or determination of
567	567	compliance issues pursuant to the Compact;
568	568	k. Legal advice;
569	569	l. Matters specifically exempted from disclosure to the
570	570	public by federal or Participating State law; and
571	571	m. Other matters as promulgated by the Commission by
572	572	Rule.
573	573	5. If a meeting, or portion of a meeting, is closed, the
574	574	presiding officer shall state that the meeting will be
575	575	closed and reference each relevant exempting provision,
576	576	and such reference shall be recorded in the minutes.
577	577	6. The Commission shall keep minutes that fully and clearly
578	578	describe all matters discussed in a meeting and shall
579	579	provide a full and accurate summary of actions taken, and
580	580	the reasons therefore, including a description of the
581	581	views expressed. All documents considered in connection
582	582	with an action shall be identified in such minutes. All
583	583	minutes and documents of a closed meeting shall remain
584	584	under seal, subject to release only by a majority vote of
585	585	the Commission or order of a court of competent
586	586	jurisdiction.
587	587	E. Financing of the Commission
588	588	1. The Commission shall pay, or provide for the payment of,
589	589	the reasonable expenses of its establishment,
590	590	organization, and ongoing activities.
591	591	2. The Commission may accept any and all appropriate sources
592	592	of revenue, donations, and grants of money, equipment,
593	593	supplies, materials, and services.
594	594	3. The Commission may levy on and collect an annual
595	595	assessment from each Participating State and impose fees
596	596	on Licensees of Participating States when a Compact
597	597	Privilege is granted, to cover the cost of the operations
598	598	and activities of the Commission and its staff, which must
599	599	be in a total amount sufficient to cover its annual budget
600	600	as approved each fiscal year for which sufficient revenue
601	601	is not provided by other sources. The aggregate annual
602	602	assessment amount for Participating States shall be
603	603	allocated based upon a formula that the Commission shall
604	604	promulgate by Rule.
605	605	4. The Commission shall not incur obligations of any kind
606	606	prior to securing the funds adequate to meet the same; nor
607	607	shall the Commission pledge the credit of any
608	608	Participating State, except by and with the authority of
609	609	the Participating State.
610	610	5. The Commission shall keep accurate accounts of all
611	611	receipts and disbursements. The receipts and
612	612	disbursements of the Commission shall be subject to the
613	613	financial review and accounting procedures established
614	614	under its bylaws. All receipts and disbursements of funds
615	615	handled by the Commission shall be subject to an annual
616	616	financial review by a certified or licensed public
617	617	accountant, and the report of the financial review shall
618	618	be included in and become part of the annual report of the
619	619	Commission.
620	620	F. The Executive Board
621	621	1. The Executive Board shall have the power to act on behalf
622	622	of the Commission according to the terms of this Compact.
623	623	The powers, duties, and responsibilities of the Executive
624	624	Board shall include:
625	625	a. Overseeing the day-to-day activities of the
626	626	administration of the Compact including compliance
627	627	with the provisions of the Compact, the Commission's
628	628	Rules and bylaws;
629	629	b. Recommending to the Commission changes to the Rules
630	630	or bylaws, changes to this Compact legislation, fees
631	631	charged to Compact Participating States, fees charged
632	632	to Licensees, and other fees;
633	633	c. Ensuring Compact administration services are
634	634	appropriately provided, including by contract;
635	635	d. Preparing and recommending the budget;
636	636	e. Maintaining financial records on behalf of the
637	637	Commission;
638	638	f. Monitoring Compact compliance of Participating
639	639	States and providing compliance reports to the
640	640	Commission;
641	641	g. Establishing additional committees as necessary;
642	642	h. Exercising the powers and duties of the Commission
643	643	during the interim between Commission meetings,
644	644	except for adopting or amending Rules, adopting or
645	645	amending bylaws, and exercising any other powers and
646	646	duties expressly reserved to the Commission by Rule or
647	647	bylaw; and
648	648	i. Other duties as provided in the Rules or bylaws of
649	649	the Commission.
650	650	2. The Executive Board shall be composed of up to seven (7)
651	651	members:
652	652	a. The Chair, Vice Chair, Secretary and Treasurer of
653	653	the Commission and any other members of the Commission
654	654	who serve on the Executive Board shall be voting
655	655	members of the Executive Board; and
656	656	b. Other than the Chair, Vice Chair, Secretary, and
657	657	Treasurer, the Commission may elect up to three (3)
658	658	voting members from the current membership of the
659	659	Commission.
660	660	3. The Commission may remove any member of the Executive
661	661	Board as provided in the Commission's bylaws.
662	662	4. The Executive Board shall meet at least annually.
663	663	a. An Executive Board meeting at which it takes or
664	664	intends to take formal action on a matter shall be
665	665	open to the public, except that the Executive Board
666	666	may meet in a closed, non-public session of a public
667	667	meeting when dealing with any of the matters covered
668	668	under subsection D.4.
669	669	b. The Executive Board shall give five (5) business
670	670	days' notice of its public meetings, posted on its
671	671	website and as it may otherwise determine to provide
672	672	notice to persons with an interest in the public
673	673	matters the Executive Board intends to address at
674	674	those meetings.
675	675	5. The Executive Board may hold an emergency meeting when
676	676	acting for the Commission to:
677	677	a. Meet an imminent threat to public health, safety, or
678	678	welfare;
679	679	b. Prevent a loss of Commission or Participating State
680	680	funds; or
681	681	c. Protect public health and safety.
682	682	G. Qualified Immunity, Defense, and Indemnification
683	683	1. The members, officers, executive director, employees and
684	684	representatives of the Commission shall be immune from
685	685	suit and liability, both personally and in their official
686	686	capacity, for any claim for damage to or loss of property
687	687	or personal injury or other civil liability caused by or
688	688	arising out of any actual or alleged act, error, or
689	689	omission that occurred, or that the person against whom
690	690	the claim is made had a reasonable basis for believing
691	691	occurred within the scope of Commission employment, duties
692	692	or responsibilities; provided that nothing in this
693	693	paragraph shall be construed to protect any such person
694	694	from suit or liability for any damage, loss, injury, or
695	695	liability caused by the intentional or willful or wanton
696	696	misconduct of that person. The procurement of insurance of
697	697	any type by the Commission shall not in any way compromise
698	698	or limit the immunity granted hereunder.
699	699	2. The Commission shall defend any member, officer,
700	700	executive director, employee, and representative of the
701	701	Commission in any civil action seeking to impose liability
702	702	arising out of any actual or alleged act, error, or
703	703	omission that occurred within the scope of Commission
704	704	employment, duties, or responsibilities, or as determined
705	705	by the Commission that the person against whom the claim is
706	706	made had a reasonable basis for believing occurred within
707	707	the scope of Commission employment, duties, or
708	708	responsibilities; provided that nothing herein shall be
709	709	construed to prohibit that person from retaining their own
710	710	counsel at their own expense; and provided further, that
711	711	the actual or alleged act, error, or omission did not
712	712	result from that person's intentional or willful or wanton
713	713	misconduct.
714	714	3. Notwithstanding subsection G.1 of this section, should
715	715	any member, officer, executive director, employee, or
716	716	representative of the Commission be held liable for the
717	717	amount of any settlement or judgment arising out of any
718	718	actual or alleged act, error, or omission that occurred
719	719	within the scope of that individual's employment, duties,
720	720	or responsibilities for the Commission, or that the person
721	721	to whom that individual is liable had a reasonable basis
722	722	for believing occurred within the scope of the
723	723	individual's employment, duties, or responsibilities for
724	724	the Commission, the Commission shall indemnify and hold
725	725	harmless such individual, provided that the actual or
726	726	alleged act, error, or omission did not result from the
727	727	intentional or willful or wanton misconduct of the
728	728	individual.
729	729	4. Nothing herein shall be construed as a limitation on the
730	730	liability of any Licensee for professional malpractice or
731	731	misconduct, which shall be governed solely by any other
732	732	applicable State laws.
733	733	5. Nothing in this Compact shall be interpreted to waive or
734	734	otherwise abrogate a Participating State's state action
735	735	immunity or state action affirmative defense with respect
736	736	to antitrust claims under the Sherman Act, Clayton Act, or
737	737	any other State or federal antitrust or anticompetitive
738	738	law or regulation.
739	739	6. Nothing in this Compact shall be construed to be a waiver
740	740	of sovereign immunity by the Participating States or by
741	741	the Commission.
742	742	SECTION 8. DATA SYSTEM
743	743	A. The Commission shall provide for the development, maintenance,
744	744	operation, and utilization of a coordinated database and
745	745	reporting system containing licensure, Adverse Action, and the
746	746	presence of Significant Investigative Information on all
747	747	Licensees and applicants for a License in Participating States.
748	748	B. Notwithstanding any other provision of State law to the
749	749	contrary, a Participating State shall submit a uniform data set
750	750	to the Data System on all individuals to whom this Compact is
751	751	applicable as required by the Rules of the Commission, including:
752	752	1. Identifying information;
753	753	2. Licensure data;
754	754	3. Adverse Actions against a Licensee, License applicant or
755	755	Compact Privilege and information related thereto;
756	756	4. Non-confidential information related to Alternative
757	757	Program participation, the beginning and ending dates of
758	758	such participation, and other information related to such
759	759	participation;
760	760	5. Any denial of an application for licensure, and the
761	761	reason(s) for such denial, (excluding the reporting of any
762	762	criminal history record information where prohibited by
763	763	law);
764	764	6. The presence of Significant Investigative Information;
765	765	and
766	766	7. Other information that may facilitate the administration
767	767	of this Compact or the protection of the public, as
768	768	determined by the Rules of the Commission.
769	769	C. The records and information provided to a Participating State
770	770	pursuant to this Compact or through the Data System, when
771	771	certified by the Commission or an agent thereof, shall constitute
772	772	the authenticated business records of the Commission, and shall
773	773	be entitled to any associated hearsay exception in any relevant
774	774	judicial, quasi-judicial or administrative proceedings in a
775	775	Participating State.
776	776	D. Significant Investigative Information pertaining to a Licensee
777	777	in any Participating State will only be available to other
778	778	Participating States.
779	779	E. It is the responsibility of the Participating States to monitor
780	780	the database to determine whether Adverse Action has been taken
781	781	against a Licensee or License applicant. Adverse Action
782	782	information pertaining to a Licensee or License applicant in any
783	783	Participating State will be available to any other Participating
784	784	State.
785	785	F. Participating States contributing information to the Data
786	786	System may designate information that may not be shared with the
787	787	public without the express permission of the contributing State.
788	788	G. Any information submitted to the Data System that is
789	789	subsequently expunged pursuant to federal law or the laws of the
790	790	Participating State contributing the information shall be
791	791	removed from the Data System.
792	792	SECTION 9. RULEMAKING
793	793	A. The Commission shall promulgate reasonable Rules in order to
794	794	effectively and efficiently implement and administer the
795	795	purposes and provisions of the Compact. A Commission Rule shall
796	796	be invalid and have no force or effect only if a court of
797	797	competent jurisdiction holds that the Rule is invalid because the
798	798	Commission exercised its rulemaking authority in a manner that is
799	799	beyond the scope and purposes of the Compact, or the powers
800	800	granted hereunder, or based upon another applicable standard of
801	801	review.
802	802	B. The Rules of the Commission shall have the force of law in each
803	803	Participating State, provided however that where the Rules of the
804	804	Commission conflict with the laws of the Participating State that
805	805	establish the Participating State's Scope of Practice as held by a
806	806	court of competent jurisdiction, the Rules of the Commission
807	807	shall be ineffective in that State to the extent of the conflict.
808	808	C. The Commission shall exercise its Rulemaking powers pursuant to
809	809	the criteria set forth in this section and the Rules adopted
810	810	thereunder. Rules shall become binding as of the date specified
811	811	by the Commission for each Rule.
812	812	D. If a majority of the legislatures of the Participating States
813	813	rejects a Commission Rule or portion of a Commission Rule, by
814	814	enactment of a statute or resolution in the same manner used to
815	815	adopt the Compact, within four (4) years of the date of adoption
816	816	of the Rule, then such Rule shall have no further force and effect
817	817	in any Participating State or to any State applying to
818	818	participate in the Compact.
819	819	E. Rules shall be adopted at a regular or special meeting of the
820	820	Commission.
821	821	F. Prior to adoption of a proposed Rule, the Commission shall hold a
822	822	public hearing and allow persons to provide oral and written
823	823	comments, data, facts, opinions, and arguments.
824	824	G. Prior to adoption of a proposed Rule by the Commission, and at
825	825	least thirty (30) days in advance of the meeting at which the
826	826	Commission will hold a public hearing on the proposed Rule, the
827	827	Commission shall provide a Notice of Proposed Rulemaking:
828	828	1. On the website of the Commission or other publicly
829	829	accessible platform;
830	830	2. To persons who have requested notice of the Commission's
831	831	notices of proposed rulemaking, and
832	832	3. In such other way(s) as the Commission may by Rule
833	833	specify.
834	834	H. The Notice of Proposed Rulemaking shall include:
835	835	1. The time, date, and location of the public hearing at
836	836	which the Commission will hear public comments on the
837	837	proposed Rule and, if different, the time, date, and
838	838	location of the meeting where the Commission will consider
839	839	and vote on the proposed Rule;
840	840	2. If the hearing is held via telecommunication, video
841	841	conference, or other electronic means, the Commission
842	842	shall include the mechanism for access to the hearing in
843	843	the Notice of Proposed Rulemaking;
844	844	3. The text of the proposed Rule and the reason therefor;
845	845	4. A request for comments on the proposed Rule from any
846	846	interested person; and
847	847	5. The manner in which interested persons may submit written
848	848	comments.
849	849	I. All hearings will be recorded. A copy of the recording and all
850	850	written comments and documents received by the Commission in
851	851	response to the proposed Rule shall be available to the public.
852	852	J. Nothing in this section shall be construed as requiring a
853	853	separate hearing on each Commission Rule. Rules may be grouped
854	854	for the convenience of the Commission at hearings required by
855	855	this section.
856	856	K. The Commission shall, by majority vote of all Commissioners,
857	857	take final action on the proposed Rule based on the rulemaking
858	858	record.
859	859	1. The Commission may adopt changes to the proposed Rule
860	860	provided the changes do not enlarge the original purpose
861	861	of the proposed Rule.
862	862	2. The Commission shall provide an explanation of the reasons
863	863	for substantive changes made to the proposed Rule as well
864	864	as reasons for substantive changes not made that were
865	865	recommended by commenters.
866	866	3. The Commission shall determine a reasonable effective
867	867	date for the Rule. Except for an emergency as provided in
868	868	subsection L, the effective date of the Rule shall be no
869	869	sooner than thirty (30) days after the Commission issuing
870	870	the notice that it adopted or amended the Rule.
871	871	L. Upon determination that an emergency exists, the Commission may
872	872	consider and adopt an emergency Rule with 24 hours' notice, with
873	873	opportunity to comment, provided that the usual rulemaking
874	874	procedures provided in the Compact and in this section shall be
875	875	retroactively applied to the Rule as soon as reasonably possible,
876	876	in no event later than ninety (90) days after the effective date
877	877	of the Rule. For the purposes of this provision, an emergency Rule
878	878	is one that must be adopted immediately in order to:
879	879	1. Meet an imminent threat to public health, safety, or
880	880	welfare;
881	881	2. Prevent a loss of Commission or Participating State funds;
882	882	3. Meet a deadline for the promulgation of a Rule that is
883	883	established by federal law or rule; or
884	884	4. Protect public health and safety.
885	885	M. The Commission or an authorized committee of the Commission may
886	886	direct revisions to a previously adopted Rule for purposes of
887	887	correcting typographical errors, errors in format, errors in
888	888	consistency, or grammatical errors. Public notice of any
889	889	revisions shall be posted on the website of the Commission. The
890	890	revision shall be subject to challenge by any person for a period
891	891	of thirty (30) days after posting. The revision may be challenged
892	892	only on grounds that the revision results in a material change to
893	893	a Rule. A challenge shall be made in writing and delivered to the
894	894	Commission prior to the end of the notice period. If no challenge
895	895	is made, the revision will take effect without further action. If
896	896	the revision is challenged, the revision may not take effect
897	897	without the approval of the Commission.
898	898	N. No Participating State's rulemaking requirements shall apply
899	899	under this Compact
900	900	SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
901	901	A. Oversight
902	902	1. The executive and judicial branches of State government in
903	903	each Participating State shall enforce this Compact and
904	904	take all actions necessary and appropriate to implement
905	905	the Compact.
906	906	2. Venue is proper and judicial proceedings by or against the
907	907	Commission shall be brought solely and exclusively in a
908	908	court of competent jurisdiction where the principal office
909	909	of the Commission is located. The Commission may waive
910	910	venue and jurisdictional defenses to the extent it adopts
911	911	or consents to participate in alternative dispute
912	912	resolution proceedings. Nothing herein shall affect or
913	913	limit the selection or propriety of venue in any action
914	914	against a Licensee for professional malpractice,
915	915	misconduct or any such similar matter.
916	916	3. The Commission shall be entitled to receive service of
917	917	process in any proceeding regarding the enforcement or
918	918	interpretation of the Compact or Commission Rule and shall
919	919	have standing to intervene in such a proceeding for all
920	920	purposes. Failure to provide the Commission service of
921	921	process shall render a judgment or order void as to the
922	922	Commission, this Compact, or promulgated Rules.
923	923	B. Default, Technical Assistance, and Termination
924	924	1. If the Commission determines that a Participating State
925	925	has defaulted in the performance of its obligations or
926	926	responsibilities under this Compact or the promulgated
927	927	Rules, the Commission shall provide written notice to the
928	928	defaulting State. The notice of default shall describe the
929	929	default, the proposed means of curing the default, and any
930	930	other action that the Commission may take, and shall offer
931	931	training and specific technical assistance regarding the
932	932	default.
933	933	2. The Commission shall provide a copy of the notice of
934	934	default to the other Participating States.
935	935	C. If a State in default fails to cure the default, the defaulting
936	936	State may be terminated from the Compact upon an affirmative vote
937	937	of a majority of the Commissioners, and all rights, privileges
938	938	and benefits conferred on that State by this Compact may be
939	939	terminated on the effective date of termination. A cure of the
940	940	default does not relieve the offending State of obligations or
941	941	liabilities incurred during the period of default.
942	942	D. Termination of participation in the Compact shall be imposed
943	943	only after all other means of securing compliance have been
944	944	exhausted. Notice of intent to suspend or terminate shall be
945	945	given by the Commission to the governor, the majority and
946	946	minority leaders of the defaulting State's legislature, the
947	947	defaulting State's State Licensing Authority or Authorities, as
948	948	applicable, and each of the Participating States' State Licensing
949	949	Authority or Authorities, as applicable.
950	950	E. A State that has been terminated is responsible for all
951	951	assessments, obligations, and liabilities incurred through the
952	952	effective date of termination, including obligations that extend
953	953	beyond the effective date of termination.
954	954	F. Upon the termination of a State's participation in this Compact,
955	955	that State shall immediately provide notice to all Licensees of
956	956	the State, including Licensees of other Participating States
957	957	issued a Compact Privilege to practice within that State, of such
958	958	termination. The terminated State shall continue to recognize all
959	959	Compact Privileges then in effect in that State for a minimum of
960	960	one hundred eighty (180) days after the date of said notice of
961	961	termination.
962	962	G. The Commission shall not bear any costs related to a State that
963	963	is found to be in default or that has been terminated from the
964	964	Compact, unless agreed upon in writing between the Commission and
965	965	the defaulting State.
966	966	H. The defaulting State may appeal the action of the Commission by
967	967	petitioning the U.S. District Court for the District of Columbia
968	968	or the federal district where the Commission has its principal
969	969	offices. The prevailing party shall be awarded all costs of such
970	970	litigation, including reasonable attorney's fees.
971	971	I. Dispute Resolution
972	972	1. Upon request by a Participating State, the Commission
973	973	shall attempt to resolve disputes related to the Compact
974	974	that arise among Participating States and between
975	975	Participating States and non-Participating States.
976	976	2. The Commission shall promulgate a Rule providing for both
977	977	mediation and binding dispute resolution for disputes as
978	978	appropriate.
979	979	J. Enforcement
980	980	1. The Commission, in the reasonable exercise of its
981	981	discretion, shall enforce the provisions of this Compact
982	982	and the Commission's Rules.
983	983	2. By majority vote, the Commission may initiate legal action
984	984	against a Participating State in default in the United
985	985	States District Court for the District of Columbia or the
986	986	federal district where the Commission has its principal
987	987	offices to enforce compliance with the provisions of the
988	988	Compact and its promulgated Rules. The relief sought may
989	989	include both injunctive relief and damages. In the event
990	990	judicial enforcement is necessary, the prevailing party
991	991	shall be awarded all costs of such litigation, including
992	992	reasonable attorney's fees. The remedies herein shall not
993	993	be the exclusive remedies of the Commission. The
994	994	Commission may pursue any other remedies available under
995	995	federal or the defaulting Participating State's law.
996	996	3. A Participating State may initiate legal action against
997	997	the Commission in the U.S. District Court for the District
998	998	of Columbia or the federal district where the Commission
999	999	has its principal offices to enforce compliance with the
1000	1000	provisions of the Compact and its promulgated Rules. The
1001	1001	relief sought may include both injunctive relief and
1002	1002	damages. In the event judicial enforcement is necessary,
1003	1003	the prevailing party shall be awarded all costs of such
1004	1004	litigation, including reasonable attorney's fees.
1005	1005	4. No individual or entity other than a Participating State
1006	1006	may enforce this Compact against the Commission.
1007	1007	SECTION 11. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT
1008	1008	A. The Compact shall come into effect on the date on which the
1009	1009	Compact statute is enacted into law in the seventh Participating
1010	1010	State.
1011	1011	1. On or after the effective date of the Compact, the
1012	1012	Commission shall convene and review the enactment of each
1013	1013	of the States that enacted the Compact prior to the
1014	1014	Commission convening (“Charter Participating States”) to
1015	1015	determine if the statute enacted by each such Charter
1016	1016	Participating State is materially different than the Model
1017	1017	Compact.
1018	1018	a. A Charter Participating State whose enactment is
1019	1019	found to be materially different from the Model
1020	1020	Compact shall be entitled to the default process set
1021	1021	forth in Section 10.
1022	1022	b. If any Participating State is later found to be in
1023	1023	default, or is terminated or withdraws from the
1024	1024	Compact, the Commission shall remain in existence and
1025	1025	the Compact shall remain in effect even if the number
1026	1026	of Participating States should be less than seven (7).
1027	1027	2. Participating States enacting the Compact subsequent to
1028	1028	the Charter Participating States shall be subject to the
1029	1029	process set forth in Section 7.C.23 to determine if their
1030	1030	enactments are materially different from the Model Compact
1031	1031	and whether they qualify for participation in the Compact.
1032	1032	3. All actions taken for the benefit of the Commission or in
1033	1033	furtherance of the purposes of the administration of the
1034	1034	Compact prior to the effective date of the Compact or the
1035	1035	Commission coming into existence shall be considered to be
1036	1036	actions of the Commission unless specifically repudiated
1037	1037	by the Commission.
1038	1038	4. Any State that joins the Compact subsequent to the
1039	1039	Commission's initial adoption of the Rules and bylaws
1040	1040	shall be subject to the Commission's Rules and bylaws as
1041	1041	they exist on the date on which the Compact becomes law in
1042	1042	that State. Any Rule that has been previously adopted by
1043	1043	the Commission shall have the full force and effect of law
1044	1044	on the day the Compact becomes law in that State.
1045	1045	B. Any Participating State may withdraw from this Compact by
1046	1046	enacting a statute repealing that State's enactment of the
1047	1047	Compact.
1048	1048	1. A Participating State's withdrawal shall not take effect
1049	1049	until one hundred eighty (180) days after enactment of the
1050	1050	repealing statute.
1051	1051	2. Withdrawal shall not affect the continuing requirement of
1052	1052	the withdrawing State's Licensing Authority or
1053	1053	Authorities to comply with the investigative and Adverse
1054	1054	Action reporting requirements of this Compact prior to the
1055	1055	effective date of withdrawal.
1056	1056	3. Upon the enactment of a statute withdrawing from this
1057	1057	Compact, the State shall immediately provide notice of
1058	1058	such withdrawal to all Licensees within that State.
1059	1059	Notwithstanding any subsequent statutory enactment to the
1060	1060	contrary, such withdrawing State shall continue to
1061	1061	recognize all Compact Privileges to practice within that
1062	1062	State granted pursuant to this Compact for a minimum of one
1063	1063	hundred eighty (180) days after the date of such notice of
1064	1064	withdrawal.
1065	1065	C. Nothing contained in this Compact shall be construed to
1066	1066	invalidate or prevent any licensure agreement or other
1067	1067	cooperative arrangement between a Participating State and a
1068	1068	non-Participating State that does not conflict with the
1069	1069	provisions of this Compact.
1070	1070	D. This Compact may be amended by the Participating States. No
1071	1071	amendment to this Compact shall become effective and binding upon
1072	1072	any Participating State until it is enacted into the laws of all
1073	1073	Participating States.
1074	1074	SECTION 12. CONSTRUCTION AND SEVERABILITY
1075	1075	A. This Compact and the Commission's rulemaking authority shall be
1076	1076	liberally construed so as to effectuate the purposes, and the
1077	1077	implementation and administration of the Compact. Provisions of
1078	1078	the Compact expressly authorizing or requiring the promulgation
1079	1079	of Rules shall not be construed to limit the Commission's
1080	1080	rulemaking authority solely for those purposes.
1081	1081	B. The provisions of this Compact shall be severable and if any
1082	1082	phrase, clause, sentence or provision of this Compact is held by a
1083	1083	court of competent jurisdiction to be contrary to the
1084	1084	constitution of any Participating State, a State seeking
1085	1085	participation in the Compact, or of the United States, or the
1086	1086	applicability thereof to any government, agency, person or
1087	1087	circumstance is held to be unconstitutional by a court of
1088	1088	competent jurisdiction, the validity of the remainder of this
1089	1089	Compact and the applicability thereof to any other government,
1090	1090	agency, person or circumstance shall not be affected thereby.
1091	1091	C. Notwithstanding subsection B of this section, the Commission may
1092	1092	deny a State's participation in the Compact or, in accordance with
1093	1093	the requirements of Section 10.B, terminate a Participating
1094	1094	State's participation in the Compact, if it determines that a
1095	1095	constitutional requirement of a Participating State is a material
1096	1096	departure from the Compact. Otherwise, if this Compact shall be
1097	1097	held to be contrary to the constitution of any Participating
1098	1098	State, the Compact shall remain in full force and effect as to the
1099	1099	remaining Participating States and in full force and effect as to
1100	1100	the Participating State affected as to all severable matters.
1101	1101	SECTION 13. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS
1102	1102	A. Nothing herein shall prevent or inhibit the enforcement of any
1103	1103	other law of a Participating State that is not inconsistent with
1104	1104	the Compact.
1105	1105	B. Any laws, statutes, regulations, or other legal requirements in
1106	1106	a Participating State in conflict with the Compact are superseded
1107	1107	to the extent of the conflict.
1108	1108	C. All permissible agreements between the Commission and the
1109	1109	Participating States are binding in accordance with their terms.
1110	1110	Sec. 268.002. ADMINISTRATION OF COMPACT. The board is the
1111	1111	Dentist and Dental Hygienist Compact administrator for this state.
1112	1112	Sec. 268.003. RULES. The board may adopt rules necessary to
1113	1113	implement this chapter.
1114	1114	SECTION 2. This Act takes effect September 1, 2025.