Vermont 2025-2026 Regular Session

Vermont House Bill H0047 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	BILL AS INTRODUCED H.47
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5	5	VT LEG #378322 v.1
6	6	H.47 1
7	7	Introduced by Representatives Stone of Burlington and Donahue of Northfield 2
8	8	Referred to Committee on 3
9	9	Date: 4
10	10	Subject: Professional regulation; dentists; dental hygienists; compact 5
11	11	Statement of purpose of bill as introduced: This bill proposes to adopt the 6
12	12	Dentist and Dental Hygienist Compact. 7
13	13	An act relating to Vermont’s adoption of the Dentist and Dental Hygienist 8
14	14	Compact 9
15	15	It is hereby enacted by the General Assembly of the State of Vermont: 10
16	16	Sec. 1. 26 V.S.A. chapter 12, subchapter 7 is added to read: 11
17	17	Subchapter 7. Dentist and Dental Hygienist Compact 12
18	18	§ 690. DENTIST AND DENTAL HYGIENIST COMPACT; ADOPTION 13
19	19	This subchapter is the Vermont adoption of the Dentist and Dental 14
20	20	Hygienist Compact. The form, format, and text of the Compact have been 15
21	21	conformed to the conventions of the Vermont Statutes Annotated. It is the 16
22	22	intent of the General Assembly that this subchapter be interpreted as 17
23	23	substantively the same as the Dentist and Dental Hygienist Compact that is 18
24	24	enacted by other compact party states. 19 BILL AS INTRODUCED H.47
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29	29	§ 691. TITLE AND PURPOSE 1
30	30	This statute shall be known and cited as the Dentist and Dental Hygienist 2
31	31	Compact. The purposes of this Compact are to facilitate the interstate practice 3
32	32	of dentistry and dental hygiene and improve public access to dentistry and 4
33	33	dental hygiene services by providing dentists and dental hygienists licensed in 5
34	34	a participating state the ability to practice in participating states in which they 6
35	35	are not licensed. The Compact does this by establishing a pathway for a 7
36	36	dentists and dental hygienists licensed in a participating state to obtain a 8
37	37	compact privilege that authorizes them to practice in another participating state 9
38	38	in which they are not licensed. The Compact enables participating states to 10
39	39	protect the public health and safety with respect to the practice of such dentists 11
40	40	and dental hygienists, through the state’s authority to regulate the practice of 12
41	41	dentistry and dental hygiene in the state. The Compact: 13
42	42	(1) enables dentists and dental hygienists who qualify for a compact 14
43	43	privilege to practice in other participating states without satisfying burdensome 15
44	44	and duplicative requirements associated with securing a license to practice in 16
45	45	those states; 17
46	46	(2) promotes mobility and addresses workforce shortages through each 18
47	47	participating state’s acceptance of a compact privilege to practice in that state; 19 BILL AS INTRODUCED H.47
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52	52	(3) increases public access to qualified, licensed dentists and dental 1
53	53	hygienists by creating a responsible, streamlined pathway for licensees to 2
54	54	practice in participating states; 3
55	55	(4) enhances the ability of participating states to protect the public’s 4
56	56	health and safety; 5
57	57	(5) does not interfere with licensure requirements established by a 6
58	58	participating state; 7
59	59	(6) facilitates the sharing of licensure and disciplinary information 8
60	60	among participating states; 9
61	61	(7) requires dentists and dental hygienists who practice in a participating 10
62	62	state pursuant to a compact privilege to practice within the scope of practice 11
63	63	authorized in that state; 12
64	64	(8) extends the authority of a participating state to regulate the practice 13
65	65	of dentistry and dental hygiene within its borders to dentists and dental 14
66	66	hygienists who practice in the state through a compact privilege; 15
67	67	(9) promotes the cooperation of participating state in regulating the 16
68	68	practice of dentistry and dental hygiene within those states; and 17
69	69	(10) facilitates the relocation of military members and their spouses who 18
70	70	are licensed to practice dentistry or dental hygiene. 19 BILL AS INTRODUCED H.47
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75	75	§ 692. DEFINITIONS 1
76	76	As used in this Compact, unless the context requires otherwise, the 2
77	77	following definitions shall apply: 3
78	78	(1) “Active military member” means any person with full-time duty 4
79	79	status in the armed forces of the United States, including members of the 5
80	80	National Guard and Reserve. 6
81	81	(2) “Adverse action” means disciplinary action or encumbrance imposed 7
82	82	on a license or compact privilege by a state licensing authority. 8
83	83	(3) “Alternative program” means a nondisciplinary monitoring or 9
84	84	practice remediation process applicable to a dentist or dental hygienist 10
85	85	approved by a state licensing authority of a participating state in which the 11
86	86	dentist or dental hygienist is licensed. This includes, but is not limited to, 12
87	87	programs to which licensees with substance abuse or addiction issues are 13
88	88	referred in lieu of adverse action. 14
89	89	(4) “Clinical assessment” means examination or process, required for 15
90	90	licensure as a dentist or dental hygienist as applicable, that provides evidence 16
91	91	of clinical competence in dentistry or dental hygiene. 17
92	92	(5) “Commissioner” means the individual appointed by a participating 18
93	93	state to serve as the member of the Commission for that participating state. 19
94	94	(6) “Compact” means this Dentist and Dental Hygienist Compact. 20 BILL AS INTRODUCED H.47
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99	99	(7) “Compact privilege” means the authorization granted by a remote 1
100	100	state to allow a licensee from a participating state to practice as a dentist or 2
101	101	dental hygienist in remote state. 3
102	102	(8) “Continuing professional development” means a requirement, as a 4
103	103	condition of license renewal to provide evidence of successful participation in 5
104	104	educational or professional activities relevant to practice or area of work. 6
105	105	(9) “Criminal background check” means the submission of fingerprints 7
106	106	or other biometric-based information for a license applicant for the purpose of 8
107	107	obtaining that applicant’s criminal history record information, as defined in 28 9
108	108	C.F.R. § 20.3(d) from the Federal Bureau of Investigation and the state’s 10
109	109	criminal history record repository as defined in 28 C.F.R. § 20.3(f). 11
110	110	(10) “Data system” means the Commission’s repository of information 12
111	111	about licensees, including, but not limited to examination, licensure, 13
112	112	investigative, compact privilege, adverse action, and alternative program. 14
113	113	(11) “Dental hygienist” means an individual who is licensed by a state 15
114	114	licensing authority to practice dental hygiene. 16
115	115	(12) “Dentist” means an individual who is licensed by a state licensing 17
116	116	authority to practice dentistry. 18
117	117	(13) “Dentist and Dental Hygienist Compact Commission” or 19
118	118	“Commission” means a joint government agency established by this Compact 20
119	119	comprised of each state that has enacted the Compact and a national 21 BILL AS INTRODUCED H.47
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124	124	administrative body comprised of a commissioner from each state that has 1
125	125	enacted the Compact. 2
126	126	(14) “Encumbered license” means a license that a state licensing 3
127	127	authority has limited in any way other than through an alternative program. 4
128	128	(15) “Executive board” means the chair, vice chair, secretary, and 5
129	129	treasurer, and any other commissioners as may be determined by Commission 6
130	130	rule or bylaw. 7
131	131	(16) “Jurisprudence requirement” means the assessment of an 8
132	132	individual’s knowledge of the laws and rules governing the practice of 9
133	133	dentistry or dental hygiene, as applicable, in a state. 10
134	134	(17) “License” means current authorization by a state, other than 11
135	135	authorization pursuant to a compact privilege, or other privilege, for an 12
136	136	individual to practice as a dentist or dental hygienist in that state. 13
137	137	(18) “Licensee” means an individual who holds an unrestricted license 14
138	138	from a participating state to practice as a dentist or dental hygienist in that 15
139	139	state. 16
140	140	(19) “Model Compact” the model for the Dentist and Dental Hygienist 17
141	141	Compact on file with the Council of State Governments or other entity as 18
142	142	designated by the Commission. 19 BILL AS INTRODUCED H.47
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147	147	(20) “Participating state” means a state that has enacted the Compact 1
148	148	and been admitted to the Commission in accordance with the provisions herein 2
149	149	and Commission rules. 3
150	150	(21) “Qualifying license” means a license that is not an encumbered 4
151	151	license issued by a participating state to practice dentistry or dental hygiene. 5
152	152	(22) “Remote state” means a participating state where a licensee who is 6
153	153	not licensed as a dentist or dental hygienist is exercising or seeking to exercise 7
154	154	the compact privilege. 8
155	155	(23) “Rule” means a regulation promulgated by an entity that has the 9
156	156	force of law. 10
157	157	(24) “Scope of practice” means the procedures, actions, and processes a 11
158	158	dentist or dental hygienist licensed in a state is permitted to undertake in that 12
159	159	state and the circumstances under which the licensee is permitted to undertake 13
160	160	those procedures, actions, and processes. Such procedures, actions, and 14
161	161	processes and the circumstances under which they may be undertaken may be 15
162	162	established through means, including, but not limited to, statute, regulations, 16
163	163	case law, and other processes available to the state licensing authority or other 17
164	164	government agency. 18
165	165	(25) “Significant investigative information” means information, records, 19
166	166	and documents received or generated by a state licensing authority pursuant to 20
167	167	an investigation for which a determination has been made that there is probable 21 BILL AS INTRODUCED H.47
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172	172	cause to believe that the licensee has violated a statute or regulation that is 1
173	173	considered more than a minor infraction for which the state licensing authority 2
174	174	could pursue adverse action against the licensee. 3
175	175	(26) “State” means any state, commonwealth, district, or territory of the 4
176	176	United States of America that regulates the practices of dentistry and dental 5
177	177	hygiene. 6
178	178	(27) “State licensing authority” means an agency or other entity of a 7
179	179	State that is responsible for the licensing and regulation of dentists or dental 8
180	180	hygienists. 9
181	181	§ 693. STATE PARTICIPATION IN THE COMPACT 10
182	182	(a) In order to join the Compact and thereafter continue as a participating 11
183	183	state, a state must: 12
184	184	(1) enact a compact that is not materially different from the Model 13
185	185	Compact as determined in accordance with Commission rules; 14
186	186	(2) participate fully in the Commission’s data system; 15
187	187	(3) have a mechanism in place for receiving and investigating 16
188	188	complaints about its licensees and license applicants; 17
189	189	(4) notify the Commission, in compliance with the terms of the Compact 18
190	190	and Commission rules, of any adverse action or the availability of significant 19
191	191	investigative information regarding a licensee and license applicant; 20 BILL AS INTRODUCED H.47
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196	196	(5) fully implement a criminal background check requirement, within a 1
197	197	time frame established by Commission rule, by receiving the results of a 2
198	198	qualifying criminal background check; 3
199	199	(6) comply with the Commission rules applicable to a participating 4
200	200	state; 5
201	201	(7) accept the National Board Examinations of the Joint Commission on 6
202	202	National Dental Examinations or another examination accepted by 7
203	203	Commission rule as a licensure examination; 8
204	204	(8) accept for licensure that applicants for a dentist license graduate 9
205	205	from a predoctoral dental education program accredited by the Commission on 10
206	206	Dental Accreditation, or another accrediting agency recognized by the U.S. 11
207	207	Department of Education for the accreditation of dentistry and dental hygiene 12
208	208	education programs, leading to the Doctor of Dental Surgery (D.D.S.) or 13
209	209	Doctor of Dental Medicine (D.M.D.) degree; 14
210	210	(9) accept for licensure that applicants for a dental hygienist license 15
211	211	graduate from a dental hygiene education program accredited by the 16
212	212	Commission on Dental Accreditation or another accrediting agency recognized 17
213	213	by the U.S. Department of Education for the accreditation of dentistry and 18
214	214	dental hygiene education programs; 19
215	215	(10) require for licensure that applicants successfully complete a clinical 20
216	216	assessment; 21 BILL AS INTRODUCED H.47
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221	221	(11) have continuing professional development requirements as a 1
222	222	condition for license renewal; and 2
223	223	(12) pay a participation fee to the Commission as established by 3
224	224	Commission rule. 4
225	225	(b) Providing alternative pathways for an individual to obtain an 5
226	226	unrestricted license does not disqualify a state from participating in the 6
227	227	Compact. 7
228	228	(c) When conducting a criminal background check, the state licensing 8
229	229	authority shall: 9
230	230	(1) consider that information in making a licensure decision; 10
231	231	(2) maintain documentation of completion of the criminal background 11
232	232	check and background check information to the extent allowed by state and 12
233	233	federal law; and 13
234	234	(3) report to the Commission whether it has completed the criminal 14
235	235	background check and whether the individual was granted or denied a license. 15
236	236	(d) A licensee of a participating state who has a qualifying license in that 16
237	237	state and does not hold an encumbered license in any other participating state 17
238	238	shall be issued a compact privilege in a remote state in accordance with the 18
239	239	terms of the Compact and Commission rules. If a remote state has a 19
240	240	jurisprudence requirement, a compact privilege will not be issued to the 20
241	241	licensee unless the licensee has satisfied the jurisprudence requirement. 21 BILL AS INTRODUCED H.47
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245	245	VT LEG #378322 v.1
246	246	§ 694. COMPACT PRIVILEGE 1
247	247	(a) To obtain and exercise the compact privilege under the terms and 2
248	248	provisions of the Compact, the licensee shall: 3
249	249	(1) have a qualifying license as a dentist or dental hygienist in a 4
250	250	participating state; 5
251	251	(2) be eligible for a compact privilege in any remote state in accordance 6
252	252	with subsections (d), (g), and (h) of this section; 7
253	253	(3) submit to an application process whenever the licensee is seeking a 8
254	254	compact privilege; 9
255	255	(4) pay any applicable Commission and remote state fees for a compact 10
256	256	privilege in the remote state; 11
257	257	(5) meet any jurisprudence requirement established by a remote state in 12
258	258	which the licensee is seeking a compact privilege; 13
259	259	(6) have passed a National Board Examination of the Joint Commission 14
260	260	on National Dental Examinations or another examination accepted by 15
261	261	Commission rule; 16
262	262	(7) for a dentist, have graduated from a predoctoral dental education 17
263	263	program accredited by the Commission on Dental Accreditation, or another 18
264	264	accrediting agency recognized by the U.S. Department of Education for the 19
265	265	accreditation of dentistry and dental hygiene education programs, leading to 20 BILL AS INTRODUCED H.47
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268	268
269	269	VT LEG #378322 v.1
270	270	the Doctor of Dental Surgery (D.D.S.) or Doctor of Dental Medicine (D.M.D.) 1
271	271	degree; 2
272	272	(8) for a dental hygienist, have graduated from a dental hygiene 3
273	273	education program accredited by the Commission on Dental Accreditation or 4
274	274	another accrediting agency recognized by the U.S. Department of Education 5
275	275	for the accreditation of dentistry and dental hygiene education programs; 6
276	276	(9) have successfully completed a clinical assessment for licensure; 7
277	277	(10) report to the Commission adverse action taken by any 8
278	278	nonparticipating state when applying for a compact privilege and, otherwise, 9
279	279	within 30 days from the date the adverse action is taken; 10
280	280	(11) report to the Commission when applying for a compact privilege 11
281	281	the address of the licensee’s primary residence and thereafter immediately 12
282	282	report to the Commission any change in the address of the licensee’s primary 13
283	283	residence; and 14
284	284	(12) consent to accept service of process by mail at the licensee’s 15
285	285	primary residence on record with the Commission with respect to any action 16
286	286	brought against the licensee by the Commission or a participating state and 17
287	287	consent to accept service of a subpoena by mail at the licensee’s primary 18
288	288	residence on record with the Commission with respect to any action brought or 19
289	289	investigation conducted by the Commission or a participating state. 20 BILL AS INTRODUCED H.47
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294	294	(b) The licensee must comply with the requirements of subsection (a) of 1
295	295	this section to maintain the compact privilege in the remote state. If those 2
296	296	requirements are met, the compact privilege will continue as long as the 3
297	297	licensee maintains a qualifying license in the state through which the licensee 4
298	298	applied for the compact privilege and pays any applicable compact privilege 5
299	299	renewal fees. 6
300	300	(c) A licensee providing dentistry or dental hygiene in a remote state under 7
301	301	the compact privilege shall function within the scope of practice authorized by 8
302	302	the remote state for a dentist or dental hygienist licensed in that state. 9
303	303	(d) A licensee providing dentistry or dental hygiene pursuant to a compact 10
304	304	privilege in a remote state is subject to that state’s regulatory authority. A 11
305	305	remote state may, in accordance with due process and that state’s laws, by 12
306	306	adverse action revoke or remove a licensee’s compact privilege in the remote 13
307	307	state for a specific period of time and impose fines or take any other necessary 14
308	308	actions to protect the health and safety of its citizens. If a remote state imposes 15
309	309	an adverse action against a compact privilege that limits the compact privilege, 16
310	310	that adverse action applies to all compact privileges in all remote states. A 17
311	311	licensee whose compact privilege in a remote state is removed for a specified 18
312	312	period of time is not eligible for a compact privilege in any other remote state 19
313	313	until the specific time for removal of the compact privilege has passed and all 20
314	314	encumbrance requirements are satisfied. 21 BILL AS INTRODUCED H.47
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319	319	(e) If a license in a participating state is an encumbered license, the licensee 1
320	320	shall lose the compact privilege in a remote state and shall not be eligible for a 2
321	321	compact privilege in any remote state until the license is no longer 3
322	322	encumbered. 4
323	323	(f) Once an encumbered license in a participating state is restored to good 5
324	324	standing, the licensee must meet the requirements of subsection (a) of this 6
325	325	section to obtain a compact privilege in a remote state. 7
326	326	(g) If a licensee’s compact privilege in a remote state is removed by the 8
327	327	remote state, the individual shall lose or be ineligible for the compact privilege 9
328	328	in any remote state until the following occur: 10
329	329	(1) the specific period of time for which the compact privilege was 11
330	330	removed has ended; and 12
331	331	(2) all conditions for removal of the compact privilege have been 13
332	332	satisfied. 14
333	333	(h) Once the requirements of subsection (g) of this section have been met, 15
334	334	the licensee must meet the requirements in subsection (a) of this section to 16
335	335	obtain a compact privilege in a remote state. 17
336	336	§ 695. ACTIVE MILITARY MEMBER OR THEIR SPOUSE 18
337	337	An active military member and their spouse shall not be required to pay to 19
338	338	the Commission for a compact privilege the fee otherwise charged by the 20
339	339	Commission. If a remote state chooses to charge a fee for a compact privilege, 21 BILL AS INTRODUCED H.47
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343	343	VT LEG #378322 v.1
344	344	it may choose to charge a reduced fee or no fee to an active military member 1
345	345	and their spouse for a compact privilege. 2
346	346	§ 696. ADVERSE ACTIONS 3
347	347	(a) A participating state in which a licensee is licensed shall have exclusive 4
348	348	authority to impose adverse action against the qualifying license issued by that 5
349	349	participating state. 6
350	350	(b) A participating state may take adverse action based on the significant 7
351	351	investigative information of a remote state, so long as the participating state 8
352	352	follows its own procedures for imposing adverse action. 9
353	353	(c) Nothing in this Compact shall override a participating state’s decision 10
354	354	that participation in an alternative program may be used in lieu of adverse 11
355	355	action and that such participation shall remain nonpublic if required by the 12
356	356	participating state’s laws. Participating states must require licensees who enter 13
357	357	any alternative program in lieu of discipline to agree not to practice pursuant to 14
358	358	a compact privilege in any other participating state during the term of the 15
359	359	alternative program without prior authorization from such other participating 16
360	360	state. 17
361	361	(d) Any participating state in which a licensee is applying to practice or is 18
362	362	practicing pursuant to a compact privilege may investigate actual or alleged 19
363	363	violations of the statutes and regulations authorizing the practice of dentistry or 20 BILL AS INTRODUCED H.47
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366	366
367	367	VT LEG #378322 v.1
368	368	dental hygiene in any other participating state in which the dentist or dental 1
369	369	hygienist holds a license or compact privilege. 2
370	370	(e) A remote state shall have the authority to: 3
371	371	(1) Take adverse actions as set forth in subsection 694(d) of this title 4
372	372	against a licensee’s compact privilege in the state. 5
373	373	(2) In furtherance of its rights and responsibilities under the Compact 6
374	374	and the Commission’s rules, issue subpoenas for both hearings and 7
375	375	investigations that require the attendance and testimony of witnesses and the 8
376	376	production of evidence. Subpoenas issued by a state licensing authority in a 9
377	377	participating state for the attendance and testimony of witnesses, or the 10
378	378	production of evidence from another participating state, shall be enforced in 11
379	379	the latter state by any court of competent jurisdiction, according to the practice 12
380	380	and procedure of that court applicable to subpoenas issued in proceedings 13
381	381	pending before it. The issuing authority shall pay any witness fees, travel 14
382	382	expenses, mileage, and other fees required by the service statutes of the State 15
383	383	where the witnesses or evidence are located. 16
384	384	(3) If otherwise permitted by state law, recover from the licensee the 17
385	385	costs of investigations and disposition of cases resulting from any adverse 18
386	386	action taken against that licensee. 19
387	387	(f) Joint investigations. 20 BILL AS INTRODUCED H.47
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390	390
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392	392	(1) In addition to the authority granted to a participating state by its 1
393	393	dentist or dental hygienist licensure act or other applicable state law, a 2
394	394	participating state may jointly investigate licensees with other participating 3
395	395	states. 4
396	396	(2) Participating states shall share any significant investigative 5
397	397	information, litigation, or compliance materials in furtherance of any joint or 6
398	398	individual investigation initiated under the Compact. 7
399	399	(g) Authority to continue investigation. 8
400	400	(1) After a licensee’s compact privilege in a remote state is terminated, 9
401	401	the remote state may continue an investigation of the licensee that began when 10
402	402	the licensee had a compact privilege in that remote state. 11
403	403	(2) If the investigation yields what would be significant investigative 12
404	404	information had the licensee continued to have a compact privilege in that 13
405	405	remote state, the remote state shall report the presence of such information to 14
406	406	the data system as required by subdivision 698(b)(6) of this title as if it was 15
407	407	significant investigative information. 16
408	408	§ 697. ESTABLISHMENT AND OPERATION OF THE COMMISSION 17
409	409	(a) Commission. The Compact participating states hereby create and 18
410	410	establish a joint government agency whose membership consists of all 19
411	411	participating states that have enacted the Compact. The Commission is an 20
412	412	instrumentality of the participating states acting jointly and not an 21 BILL AS INTRODUCED H.47
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415	415
416	416	VT LEG #378322 v.1
417	417	instrumentality of any one state. The Commission shall come into existence on 1
418	418	or after the effective date of the Compact as set forth in subsection 701(a) of 2
419	419	this title. 3
420	420	(b) Participation, voting, and meetings. 4
421	421	(1) Each participating state shall have and be limited to one 5
422	422	commissioner selected by that participating state’s state licensing authority or, 6
423	423	if the state has more than one state licensing authority, selected collectively by 7
424	424	the state licensing authorities. 8
425	425	(2) The commissioner shall be a member or designee of such authority 9
426	426	or authorities. 10
427	427	(3) The Commission may by rule or bylaw establish a term of office for 11
428	428	commissioners and may by rule or bylaw establish term limits. 12
429	429	(4) The Commission may recommend to a state licensing authority or 13
430	430	authorities, as applicable, removal or suspension of an individual as the state’s 14
431	431	commissioner. 15
432	432	(5) A participating state’s state licensing authority, or authorities, as 16
433	433	applicable, shall fill any vacancy of its commissioner on the Commission 17
434	434	within 60 days of the vacancy. 18
435	435	(6) Each commissioner shall be entitled to one vote on all matters that 19
436	436	are voted upon by the Commission. 20 BILL AS INTRODUCED H.47
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439	439
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441	441	(7) The Commission shall meet at least once during each calendar year. 1
442	442	Additional meetings may be held as set forth in the bylaws. The Commission 2
443	443	may meet by telecommunication, video conference or other similar electronic 3
444	444	means. 4
445	445	(c) Powers. The Commission shall have the following powers: 5
446	446	(1) Establish the fiscal year of the Commission. 6
447	447	(2) Establish a code of conduct and conflict of interest policies. 7
448	448	(3) Adopt rules and bylaws. 8
449	449	(4) Maintain its financial records in accordance with the bylaws. 9
450	450	(5) Meet and take such actions as are consistent with the provisions of 10
451	451	this Compact, the Commission’s rules, and the bylaws. 11
452	452	(6) Initiate and conclude legal proceedings or actions in the name of the 12
453	453	Commission, provided that the standing of any state licensing authority to sue 13
454	454	or be sued under applicable law shall not be affected. 14
455	455	(7) Maintain and certify records and information provided to a 15
456	456	participating state as the authenticated business records of the Commission and 16
457	457	designate a person to do so on the Commission’s behalf. 17
458	458	(8) Purchase and maintain insurance and bonds. 18
459	459	(9) Borrow, accept, or contract for services of personnel, including, but 19
460	460	not limited to, employees of a participating state. 20
461	461	(10) Conduct an annual financial review. 21 BILL AS INTRODUCED H.47
462	462	2025 Page 20 of 45
463	463
464	464
465	465	VT LEG #378322 v.1
466	466	(11) Hire employees; elect or appoint officers; fix compensation; define 1
467	467	duties; grant such individuals appropriate authority to carry out the purposes of 2
468	468	the Compact; and establish the Commission’s personnel policies and programs 3
469	469	relating to conflicts of interest, qualifications of personnel, and other related 4
470	470	personnel matters. 5
471	471	(12) As set forth in the Commission rules, charge a fee to a licensee for 6
472	472	the grant of a compact privilege in a remote state and thereafter, as may be 7
473	473	established by Commission rule, charge the licensee a compact privilege 8
474	474	renewal fee for each renewal period in which that licensee exercises or intends 9
475	475	to exercise the compact privilege in that remote state. Nothing herein shall be 10
476	476	construed to prevent a remote state from charging a licensee a fee for a 11
477	477	compact privilege or renewals of a compact privilege or a fee for the 12
478	478	jurisprudence requirement if the remote state imposes such a requirement for 13
479	479	the grant of a compact privilege. 14
480	480	(13) Accept any and all appropriate gifts, donations, grants of money, 15
481	481	other sources of revenue, equipment, supplies, materials, and services and 16
482	482	receive, utilize, and dispose of the same; provided that at all times the 17
483	483	Commission shall avoid any appearance of impropriety or conflict of interest, 18
484	484	or both. 19
485	485	(14) Lease, purchase, retain, own, hold, improve, or use any property, 20
486	486	real, personal, or mixed, or any undivided interest therein. 21 BILL AS INTRODUCED H.47
487	487	2025 Page 21 of 45
488	488
489	489
490	490	VT LEG #378322 v.1
491	491	(15) Sell, convey, mortgage, pledge, lease, exchange, abandon, or 1
492	492	otherwise dispose of any property real, personal, or mixed. 2
493	493	(16) Establish a budget and make expenditures. 3
494	494	(17) Borrow money. 4
495	495	(18) Appoint committees, including standing committees, which may be 5
496	496	composed of members, state regulators, state legislators or their 6
497	497	representatives, and consumer representatives, and such other interested 7
498	498	persons as may be designated in this Compact and the bylaws. 8
499	499	(19) Provide and receive information from, and cooperate with, law 9
500	500	enforcement agencies. 10
501	501	(20) Elect a chair, vice chair, secretary, and treasurer, and such other 11
502	502	officers of the Commission as provided in the Commission’s bylaws. 12
503	503	(21) Establish and elect an executive board. 13
504	504	(22) Adopt and provide to the participating states an annual report. 14
505	505	(23) Determine whether a state’s enacted compact is materially different 15
506	506	from the Model Compact language such that the state would not qualify for 16
507	507	participation in the Compact. 17
508	508	(24) Perform such other functions as may be necessary or appropriate to 18
509	509	achieve the purposes of this Compact. 19
510	510	(d) Meetings of the Commission. 20 BILL AS INTRODUCED H.47
511	511	2025 Page 22 of 45
512	512
513	513
514	514	VT LEG #378322 v.1
515	515	(1) All meetings of the Commission that are not closed pursuant to this 1
516	516	subsection shall be open to the public. Notice of public meetings shall be 2
517	517	posted on the Commission’s website at least 30 days prior to the public 3
518	518	meeting. 4
519	519	(2) Notwithstanding subdivision (1) of this subsection, the Commission 5
520	520	may convene an emergency public meeting by providing at least 24 hours’ 6
521	521	prior notice on the Commission’s website, and any other means as provided in 7
522	522	the Commission’s rules, for any of the reasons it may dispense with notice of 8
523	523	proposed rulemaking under subsection 699(l) of this title. The Commission’s 9
524	524	legal counsel shall certify that one of the reasons justifying an emergency 10
525	525	public meeting has been met. 11
526	526	(3) Notice of all Commission meetings shall provide the time, date, and 12
527	527	location of the meeting, and if the meeting is to be held or accessible via 13
528	528	telecommunication, video conference, or other electronic means, the notice 14
529	529	shall include the mechanism for access to the meeting through such means. 15
530	530	(4) The Commission may convene in a closed, nonpublic meeting for 16
531	531	the Commission to receive legal advice or to discuss: 17
532	532	(A) noncompliance of a participating state with its obligations under 18
533	533	the Compact; 19 BILL AS INTRODUCED H.47
534	534	2025 Page 23 of 45
535	535
536	536
537	537	VT LEG #378322 v.1
538	538	(B) the employment, compensation, discipline or other matters, 1
539	539	practices or procedures related to specific employees or other matters related to 2
540	540	the Commission’s internal personnel practices and procedures; 3
541	541	(C) current or threatened discipline of a licensee or compact privilege 4
542	542	holder by the Commission or by a participating state’s licensing authority; 5
543	543	(D) current, threatened, or reasonably anticipated litigation; 6
544	544	(E) negotiation of contracts for the purchase, lease, or sale of goods, 7
545	545	services, or real estate; 8
546	546	(F) accusing any person of a crime or formally censuring any person; 9
547	547	(G) trade secrets or commercial or financial information that is 10
548	548	privileged or confidential; 11
549	549	(H) information of a personal nature where disclosure would 12
550	550	constitute a clearly unwarranted invasion of personal privacy; 13
551	551	(I) investigative records compiled for law enforcement purposes; 14
552	552	(J) information related to any investigative reports prepared by or on 15
553	553	behalf of or for use of the Commission or other committee charged with 16
554	554	responsibility of investigation or determination of compliance issues pursuant 17
555	555	to the Compact; 18
556	556	(K) legal advice; 19
557	557	(L) matters specifically exempted from disclosure to the public by 20
558	558	federal or participating state law; and 21 BILL AS INTRODUCED H.47
559	559	2025 Page 24 of 45
560	560
561	561
562	562	VT LEG #378322 v.1
563	563	(M) other matters as promulgated by the Commission by rule. 1
564	564	(5) If a meeting, or portion of a meeting, is closed, the presiding officer 2
565	565	shall state that the meeting will be closed and reference each relevant 3
566	566	exempting provision, and such reference shall be recorded in the minutes. 4
567	567	(6) The Commission shall keep minutes that fully and clearly describe 5
568	568	all matters discussed in a meeting and shall provide a full and accurate 6
569	569	summary of actions taken, and the reasons therefore, including a description of 7
570	570	the views expressed. All documents considered in connection with an action 8
571	571	shall be identified in such minutes. All minutes and documents of a closed 9
572	572	meeting shall remain under seal, subject to release only by a majority vote of 10
573	573	the Commission or order of a court of competent jurisdiction. 11
574	574	(e) Financing of the Commission. 12
575	575	(1) The Commission shall pay, or provide for the payment of, the 13
576	576	reasonable expenses of its establishment, organization, and ongoing activities. 14
577	577	(2) The Commission may accept any and all appropriate sources of 15
578	578	revenue, donations, and grants of money, equipment, supplies, materials, and 16
579	579	services. 17
580	580	(3) The Commission may levy on and collect an annual assessment from 18
581	581	each participating state and impose fees on licensees of participating states 19
582	582	when a compact privilege is granted to cover the cost of the operations and 20
583	583	activities of the Commission and its staff, which must be in a total amount 21 BILL AS INTRODUCED H.47
584	584	2025 Page 25 of 45
585	585
586	586
587	587	VT LEG #378322 v.1
588	588	sufficient to cover its annual budget as approved each fiscal year for which 1
589	589	sufficient revenue is not provided by other sources. The aggregate annual 2
590	590	assessment amount for participating states shall be allocated based upon a 3
591	591	formula that the Commission shall promulgate by rule. 4
592	592	(4) The Commission shall not incur obligations of any kind prior to 5
593	593	securing the funds adequate to meet the same, nor shall the Commission pledge 6
594	594	the credit of any participating state, except by and with the authority of the 7
595	595	participating state. 8
596	596	(5) The Commission shall keep accurate accounts of all receipts and 9
597	597	disbursements. The receipts and disbursements of the Commission shall be 10
598	598	subject to the financial review and accounting procedures established under its 11
599	599	bylaws. All receipts and disbursements of funds handled by the Commission 12
600	600	shall be subject to an annual financial review by a certified or licensed public 13
601	601	accountant, and the report of the financial review shall be included in and 14
602	602	become part of the annual report of the Commission. 15
603	603	(f) The executive board. 16
604	604	(1) The executive board shall have the power to act on behalf of the 17
605	605	Commission according to the terms of this Compact. The powers, duties, and 18
606	606	responsibilities of the executive board shall include: 19 BILL AS INTRODUCED H.47
607	607	2025 Page 26 of 45
608	608
609	609
610	610	VT LEG #378322 v.1
611	611	(A) overseeing the day-to-day activities of the administration of the 1
612	612	Compact including compliance with the provisions of the Compact, the 2
613	613	Commission’s rules and bylaws; 3
614	614	(B) recommending to the Commission changes to the rules or 4
615	615	bylaws, changes to this Compact legislation, fees charged to compact 5
616	616	participating states, fees charged to licensees, and other fees; 6
617	617	(C) ensuring Compact administration services are appropriately 7
618	618	provided, including by contract; 8
619	619	(D) preparing and recommending the budget; 9
620	620	(E) maintaining financial records on behalf of the Commission; 10
621	621	(F) monitoring Compact compliance of participating states and 11
622	622	providing compliance reports to the Commission; 12
623	623	(G) establishing additional committees as necessary; 13
624	624	(H) exercising the powers and duties of the Commission during the 14
625	625	interim between Commission meetings, except for adopting or amending rules, 15
626	626	adopting or amending bylaws, and exercising any other powers and duties 16
627	627	expressly reserved to the Commission by rule or bylaw; and 17
628	628	(I) other duties as provided in the rules or bylaws of the Commission. 18
629	629	(2) The executive board shall be composed of up to seven members. 19 BILL AS INTRODUCED H.47
630	630	2025 Page 27 of 45
631	631
632	632
633	633	VT LEG #378322 v.1
634	634	(A) The chair, vice chair, secretary, and treasurer of the Commission, 1
635	635	and any other members of the Commission who serve on the executive board 2
636	636	shall be voting members of the executive board; and 3
637	637	(B) other than the chair, vice chair, secretary, and treasurer, the 4
638	638	Commission may elect up to three voting members from the current 5
639	639	membership of the Commission. 6
640	640	(3) The Commission may remove any member of the executive board as 7
641	641	provided in the Commission’s bylaws. 8
642	642	(4) The executive board shall meet at least annually. 9
643	643	(A) An executive board meeting at which it takes or intends to take 10
644	644	formal action on a matter shall be open to the public, except that the executive 11
645	645	board may meet in a closed, nonpublic session of a public meeting when 12
646	646	dealing with any of the matters covered under subdivision (d)(4) of this 13
647	647	section. 14
648	648	(B) The executive board shall give five business days’ notice of its 15
649	649	public meetings, posted on its website and as it may otherwise determine to 16
650	650	provide notice to persons with an interest in the public matters the executive 17
651	651	board intends to address at those meetings. 18
652	652	(5) The executive board may hold an emergency meeting when acting 19
653	653	for the Commission to: 20
654	654	(A) meet an imminent threat to public health, safety, or welfare; 21 BILL AS INTRODUCED H.47
655	655	2025 Page 28 of 45
656	656
657	657
658	658	VT LEG #378322 v.1
659	659	(B) prevent a loss of Commission or participating state funds; or 1
660	660	(C) protect public health and safety. 2
661	661	(g) Qualified immunity, defense, and indemnification. 3
662	662	(1) The members, officers, executive director, employees, and 4
663	663	representatives of the Commission shall be immune from suit and liability, 5
664	664	both personally and in their official capacity, for any claim for damage to or 6
665	665	loss of property or personal injury or other civil liability caused by or arising 7
666	666	out of any actual or alleged act, error, or omission that occurred, or that the 8
667	667	person against whom the claim is made had a reasonable basis for believing 9
668	668	occurred within the scope of Commission employment, duties, or 10
669	669	responsibilities, provided that nothing in this subdivision shall be construed to 11
670	670	protect any such person from suit or liability for any damage, loss, injury, or 12
671	671	liability caused by the intentional or willful or wanton misconduct of that 13
672	672	person. The procurement of insurance of any type by the Commission shall 14
673	673	not in any way compromise or limit the immunity granted hereunder. 15
674	674	(2) The Commission shall defend any member, officer, executive 16
675	675	director, employee, and representative of the Commission in any civil action 17
676	676	seeking to impose liability arising out of any actual or alleged act, error, or 18
677	677	omission that occurred within the scope of Commission employment, duties, or 19
678	678	responsibilities, or as determined by the Commission that the person against 20
679	679	whom the claim is made had a reasonable basis for believing occurred within 21 BILL AS INTRODUCED H.47
680	680	2025 Page 29 of 45
681	681
682	682
683	683	VT LEG #378322 v.1
684	684	the scope of Commission employment, duties, or responsibilities, provided that 1
685	685	nothing herein shall be construed to prohibit that person from retaining their 2
686	686	own counsel at their own expense, and provided further, that the actual or 3
687	687	alleged act, error, or omission did not result from that person’s intentional or 4
688	688	willful or wanton misconduct. 5
689	689	(3) Notwithstanding subdivision (1) of this subsection, should any 6
690	690	member, officer, executive director, employee, or representative of the 7
691	691	Commission be held liable for the amount of any settlement or judgment 8
692	692	arising out of any actual or alleged act, error, or omission that occurred within 9
693	693	the scope of that individual’s employment, duties, or responsibilities for the 10
694	694	Commission, or that the person to whom that individual is liable had a 11
695	695	reasonable basis for believing occurred within the scope of the individual’s 12
696	696	employment, duties, or responsibilities for the Commission, the Commission 13
697	697	shall indemnify and hold harmless such individual, provided that the actual or 14
698	698	alleged act, error, or omission did not result from the intentional or willful or 15
699	699	wanton misconduct of the individual. 16
700	700	(4) Nothing herein shall be construed as a limitation on the liability of 17
701	701	any licensee for professional malpractice or misconduct, which shall be 18
702	702	governed solely by any other applicable state laws. 19
703	703	(5) Nothing in this Compact shall be interpreted to waive or otherwise 20
704	704	abrogate a participating state’s state action immunity or state action affirmative 21 BILL AS INTRODUCED H.47
705	705	2025 Page 30 of 45
706	706
707	707
708	708	VT LEG #378322 v.1
709	709	defense with respect to antitrust claims under the Sherman Act, Clayton Act, or 1
710	710	any other state or federal antitrust or anticompetitive law or regulation. 2
711	711	(6) Nothing in this Compact shall be construed to be a waiver of 3
712	712	sovereign immunity by the participating states or by the Commission. 4
713	713	§ 698. DATA SYSTEM 5
714	714	(a) The Commission shall provide for the development, maintenance, 6
715	715	operation, and utilization of a coordinated database and reporting system 7
716	716	containing licensure, adverse action, and the presence of significant 8
717	717	investigative information on all licensees and applicants for a license in 9
718	718	participating states. 10
719	719	(b) Notwithstanding any other provision of state law to the contrary, a 11
720	720	participating state shall submit a uniform data set to the data system on all 12
721	721	individuals to whom this Compact is applicable as required by the rules of the 13
722	722	Commission, including: 14
723	723	(1) identifying information; 15
724	724	(2) licensure data; 16
725	725	(3) adverse actions against a licensee, license applicant, or Compact 17
726	726	privilege and information related thereto; 18
727	727	(4) nonconfidential information related to alternative program 19
728	728	participation, the beginning and ending dates of such participation, and other 20
729	729	information related to such participation; 21 BILL AS INTRODUCED H.47
730	730	2025 Page 31 of 45
731	731
732	732
733	733	VT LEG #378322 v.1
734	734	(5) any denial of an application for licensure, and the reason or reasons 1
735	735	for such denial, excluding the reporting of any criminal history record 2
736	736	information where prohibited by law; 3
737	737	(6) the presence of significant investigative information; and 4
738	738	(7) other information that may facilitate the administration of this 5
739	739	Compact or the protection of the public, as determined by the rules of the 6
740	740	Commission. 7
741	741	(c) The records and information provided to a participating state pursuant 8
742	742	to this Compact or through the data system, when certified by the Commission 9
743	743	or an agent thereof, shall constitute the authenticated business records of the 10
744	744	Commission and shall be entitled to any associated hearsay exception in any 11
745	745	relevant judicial, quasi-judicial, or administrative proceedings in a 12
746	746	participating state. 13
747	747	(d) Significant investigative information pertaining to a licensee in any 14
748	748	participating state will only be available to other participating states. 15
749	749	(e) It is the responsibility of the participating states to monitor the database 16
750	750	to determine whether adverse action has been taken against a licensee or 17
751	751	license applicant. Adverse action information pertaining to a licensee or 18
752	752	license applicant in any participating state will be available to any other 19
753	753	participating state. 20 BILL AS INTRODUCED H.47
754	754	2025 Page 32 of 45
755	755
756	756
757	757	VT LEG #378322 v.1
758	758	(f) Participating states contributing information to the data system may 1
759	759	designate information that may not be shared with the public without the 2
760	760	express permission of the contributing state. 3
761	761	(g) Any information submitted to the data system that is subsequently 4
762	762	expunged pursuant to federal law or the laws of the participating state 5
763	763	contributing the information shall be removed from the data system. 6
764	764	§ 699. RULEMAKING 7
765	765	(a) The Commission shall promulgate reasonable rules in order to 8
766	766	effectively and efficiently implement and administer the purposes and 9
767	767	provisions of the Compact. A Commission rule shall be invalid and have no 10
768	768	force or effect only if a court of competent jurisdiction holds that the rule is 11
769	769	invalid because the Commission exercised its rulemaking authority in a 12
770	770	manner that is beyond the scope and purposes of the Compact, or the powers 13
771	771	granted hereunder, or based upon another applicable standard of review. 14
772	772	(b) The rules of the Commission shall have the force of law in each 15
773	773	participating state, provided however that where the rules of the Commission 16
774	774	conflict with the laws of the participating state that establish the participating 17
775	775	state’s scope of practice as held by a court of competent jurisdiction, the rules 18
776	776	of the Commission shall be ineffective in that state to the extent of the conflict. 19 BILL AS INTRODUCED H.47
777	777	2025 Page 33 of 45
778	778
779	779
780	780	VT LEG #378322 v.1
781	781	(c) The Commission shall exercise its rulemaking powers pursuant to the 1
782	782	criteria set forth in this section and the rules adopted thereunder. Rules shall 2
783	783	become binding as of the date specified by the Commission for each rule. 3
784	784	(d) If a majority of the legislatures of the participating states rejects a 4
785	785	Commission rule or portion of a Commission rule, by enactment of a statute or 5
786	786	resolution in the same manner used to adopt the Compact, within four years of 6
787	787	the date of adoption of the rule, then such rule shall have no further force and 7
788	788	effect in any participating state or to any state applying to participate in the 8
789	789	Compact. 9
790	790	(e) Rules shall be adopted at a regular or special meeting of the 10
791	791	Commission. 11
792	792	(f) Prior to adoption of a proposed Rule, the Commission shall hold a 12
793	793	public hearing and allow persons to provide oral and written comments, data, 13
794	794	facts, opinions, and arguments. 14
795	795	(g) Prior to adoption of a proposed rule by the Commission, and at least 30 15
796	796	days in advance of the meeting at which the Commission will hold a public 16
797	797	hearing on the proposed rule, the Commission shall provide a notice of 17
798	798	proposed rulemaking: 18
799	799	(1) on the website of the Commission or other publicly accessible 19
800	800	platform; 20 BILL AS INTRODUCED H.47
801	801	2025 Page 34 of 45
802	802
803	803
804	804	VT LEG #378322 v.1
805	805	(2) to persons who have requested notice of the Commission’s notices of 1
806	806	proposed rulemaking; and 2
807	807	(3) in such other way as the Commission may by rule specify. 3
808	808	(h) The notice of proposed rulemaking shall include: 4
809	809	(1) the time, date, and location of the public hearing at which the 5
810	810	Commission will hear public comments on the proposed rule and, if different, 6
811	811	the time, date, and location of the meeting where the Commission will consider 7
812	812	and vote on the proposed rule; 8
813	813	(2) if the hearing is held via telecommunication, video conference, or 9
814	814	other electronic means, the Commission shall include the mechanism for 10
815	815	access to the hearing in the notice of proposed rulemaking; 11
816	816	(3) the text of the proposed rule and the reason therefore; 12
817	817	(4) a request for comments on the proposed rule from any interested 13
818	818	person; and 14
819	819	(5) the manner in which interested persons may submit written 15
820	820	comments. 16
821	821	(i) All hearings will be recorded. A copy of the recording and all written 17
822	822	comments and documents received by the Commission in response to the 18
823	823	proposed rule shall be available to the public. 19 BILL AS INTRODUCED H.47
824	824	2025 Page 35 of 45
825	825
826	826
827	827	VT LEG #378322 v.1
828	828	(j) Nothing in this section shall be construed as requiring a separate hearing 1
829	829	on each Commission rule. Rules may be grouped for the convenience of the 2
830	830	Commission at hearings required by this section. 3
831	831	(k) The Commission shall, by majority vote of all commissioners, take 4
832	832	final action on the proposed rule based on the rulemaking record. 5
833	833	(1) The Commission may adopt changes to the proposed rule, provided 6
834	834	the changes do not enlarge the original purpose of the proposed rule. 7
835	835	(2) The Commission shall provide an explanation of the reasons for 8
836	836	substantive changes made to the proposed rule as well as reasons for 9
837	837	substantive changes not made that were recommended by commenters. 10
838	838	(3) The Commission shall determine a reasonable effective date for the 11
839	839	rule. Except for an emergency as provided in subsection (l) of this section, the 12
840	840	effective date of the rule shall be no sooner than 30 days after the Commission 13
841	841	issuing the notice that it adopted or amended the rule. 14
842	842	(l) Upon determination that an emergency exists, the Commission may 15
843	843	consider and adopt an emergency rule with 24 hours’ notice, with opportunity 16
844	844	to comment, provided that the usual rulemaking procedures provided in the 17
845	845	Compact and in this section shall be retroactively applied to the rule as soon as 18
846	846	reasonably possible, in no event later than 90 days after the effective date of 19
847	847	the rule. For the purposes of this provision, an emergency rule is one that must 20
848	848	be adopted immediately in order to: 21 BILL AS INTRODUCED H.47
849	849	2025 Page 36 of 45
850	850
851	851
852	852	VT LEG #378322 v.1
853	853	(1) meet an imminent threat to public health, safety, or welfare; 1
854	854	(2) prevent a loss of Commission or participating state funds; 2
855	855	(3) meet a deadline for the promulgation of a rule that is established by 3
856	856	federal law or rule; or 4
857	857	(4) protect public health and safety. 5
858	858	(m) The Commission or an authorized committee of the Commission may 6
859	859	direct revisions to a previously adopted rule for purposes of correcting 7
860	860	typographical errors, errors in format, errors in consistency, or grammatical 8
861	861	errors. Public notice of any revisions shall be posted on the website of the 9
862	862	Commission. The revision shall be subject to challenge by any person for a 10
863	863	period of 30 days after posting. The revision may be challenged only on 11
864	864	grounds that the revision results in a material change to a rule. A challenge 12
865	865	shall be made in writing and delivered to the Commission prior to the end of 13
866	866	the notice period. If no challenge is made, the revision will take effect without 14
867	867	further action. If the revision is challenged, the revision may not take effect 15
868	868	without the approval of the Commission. 16
869	869	(n) No participating state’s rulemaking requirements shall apply under this 17
870	870	Compact. 18
871	871	§ 700. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 19
872	872	(a) Oversight. 20 BILL AS INTRODUCED H.47
873	873	2025 Page 37 of 45
874	874
875	875
876	876	VT LEG #378322 v.1
877	877	(1) The executive and judicial branches of state government in each 1
878	878	participating state shall enforce this Compact and take all actions necessary 2
879	879	and appropriate to implement the Compact. 3
880	880	(2) Venue is proper and judicial proceedings by or against the 4
881	881	Commission shall be brought solely and exclusively in a court of competent 5
882	882	jurisdiction where the principal office of the Commission is located. The 6
883	883	Commission may waive venue and jurisdictional defenses to the extent it 7
884	884	adopts or consents to participate in alternative dispute resolution proceedings. 8
885	885	Nothing herein shall affect or limit the selection or propriety of venue in any 9
886	886	action against a licensee for professional malpractice, misconduct, or any such 10
887	887	similar matter. 11
888	888	(3) The Commission shall be entitled to receive service of process in 12
889	889	any proceeding regarding the enforcement or interpretation of the Compact or 13
890	890	Commission rule and shall have standing to intervene in such a proceeding for 14
891	891	all purposes. Failure to provide the Commission service of process shall 15
892	892	render a judgment or order void as to the Commission, this Compact, or 16
893	893	promulgated rules. 17
894	894	(b) Default, technical assistance, and termination. 18
895	895	(1) If the Commission determines that a participating state has defaulted 19
896	896	in the performance of its obligations or responsibilities under this Compact or 20
897	897	the promulgated rules, the Commission shall provide written notice to the 21 BILL AS INTRODUCED H.47
898	898	2025 Page 38 of 45
899	899
900	900
901	901	VT LEG #378322 v.1
902	902	defaulting state. The notice of default shall describe the default, the proposed 1
903	903	means of curing the default, and any other action that the Commission may 2
904	904	take, and shall offer training and specific technical assistance regarding the 3
905	905	default. 4
906	906	(2) The Commission shall provide a copy of the notice of default to the 5
907	907	other participating states. 6
908	908	(c) If a state in default fails to cure the default, the defaulting state may be 7
909	909	terminated from the Compact upon an affirmative vote of a majority of the 8
910	910	Commissioners, and all rights, privileges and benefits conferred on that state 9
911	911	by this Compact may be terminated on the effective date of termination. A 10
912	912	cure of the default does not relieve the offending state of obligations or 11
913	913	liabilities incurred during the period of default. 12
914	914	(d) Termination of participation in the Compact shall be imposed only after 13
915	915	all other means of securing compliance have been exhausted. Notice of intent 14
916	916	to suspend or terminate shall be given by the Commission to the governor, the 15
917	917	majority and minority leaders of the defaulting state’s legislature, the 16
918	918	defaulting state’s state licensing authority or authorities, as applicable, and 17
919	919	each of the participating states’ state licensing authority or authorities, as 18
920	920	applicable. 19 BILL AS INTRODUCED H.47
921	921	2025 Page 39 of 45
922	922
923	923
924	924	VT LEG #378322 v.1
925	925	(e) A state that has been terminated is responsible for all assessments, 1
926	926	obligations, and liabilities incurred through the effective date of termination, 2
927	927	including obligations that extend beyond the effective date of termination. 3
928	928	(f) Upon the termination of a state’s participation in this Compact, that 4
929	929	state shall immediately provide notice to all licensees of the state, including 5
930	930	licensees of other participating states issued a compact privilege to practice 6
931	931	within that state, of such termination. The terminated state shall continue to 7
932	932	recognize all compact privileges then in effect in that state for a minimum of 8
933	933	180 days after the date of said notice of termination. 9
934	934	(g) The Commission shall not bear any costs related to a state that is found 10
935	935	to be in default or that has been terminated from the Compact, unless agreed 11
936	936	upon in writing between the Commission and the defaulting state. 12
937	937	(h) The defaulting state may appeal the action of the Commission by 13
938	938	petitioning the U.S. District Court for the District of Columbia or the federal 14
939	939	district where the Commission has its principal offices. The prevailing party 15
940	940	shall be awarded all costs of such litigation, including reasonable attorney’s 16
941	941	fees. 17
942	942	(i) Dispute resolution. 18
943	943	(1) Upon request by a participating state, the Commission shall attempt 19
944	944	to resolve disputes related to the Compact that arise among participating states 20
945	945	and between participating states and nonparticipating states. 21 BILL AS INTRODUCED H.47
946	946	2025 Page 40 of 45
947	947
948	948
949	949	VT LEG #378322 v.1
950	950	(2) The Commission shall promulgate a rule providing for both 1
951	951	mediation and binding dispute resolution for disputes as appropriate. 2
952	952	(j) Enforcement. 3
953	953	(1) The Commission, in the reasonable exercise of its discretion, shall 4
954	954	enforce the provisions of this Compact and the Commission’s rules. 5
955	955	(2) By majority vote, the Commission may initiate legal action against a 6
956	956	participating state in default in the U.S. District Court for the District of 7
957	957	Columbia or the federal district where the Commission has its principal offices 8
958	958	to enforce compliance with the provisions of the Compact and its promulgated 9
959	959	rules. The relief sought may include both injunctive relief and damages. In 10
960	960	the event judicial enforcement is necessary, the prevailing party shall be 11
961	961	awarded all costs of such litigation, including reasonable attorney’s fees. The 12
962	962	remedies herein shall not be the exclusive remedies of the Commission. The 13
963	963	Commission may pursue any other remedies available under federal or the 14
964	964	defaulting participating state’s law. 15
965	965	(3) A participating state may initiate legal action against the 16
966	966	Commission in the U.S. District Court for the District of Columbia or the 17
967	967	federal district where the Commission has its principal offices to enforce 18
968	968	compliance with the provisions of the Compact and its promulgated rules. The 19
969	969	relief sought may include both injunctive relief and damages. In the event 20 BILL AS INTRODUCED H.47
970	970	2025 Page 41 of 45
971	971
972	972
973	973	VT LEG #378322 v.1
974	974	judicial enforcement is necessary, the prevailing party shall be awarded all 1
975	975	costs of such litigation, including reasonable attorney’s fees. 2
976	976	(4) No individual or entity other than a participating state may enforce 3
977	977	this Compact against the Commission. 4
978	978	§ 701. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT 5
979	979	(a) The Compact shall come into effect on the date on which the 6
980	980	Compact statute is enacted into law in the seventh participating state. 7
981	981	(1) On or after the effective date of the Compact, the Commission 8
982	982	shall convene and review the enactment of each of the states that enacted 9
983	983	the Compact prior to the Commission convening (charter participating 10
984	984	states) to determine if the statute enacted by each such charter 11
985	985	participating state is materially different than the Model Compact. 12
986	986	(A) A charter participating state whose enactment is found to be 13
987	987	materially different from the Model Compact shall be entitled to the 14
988	988	default process set forth in section 700 of this title. 15
989	989	(B) If any participating state is later found to be in default, or is 16
990	990	terminated or withdraws from the Compact, the Commission shall remain 17
991	991	in existence and the Compact shall remain in effect even if the number of 18
992	992	participating states should be less than seven. 19
993	993	(2) Participating states enacting the Compact subsequent to the 20
994	994	charter participating states shall be subject to the process set forth in 21 BILL AS INTRODUCED H.47
995	995	2025 Page 42 of 45
996	996
997	997
998	998	VT LEG #378322 v.1
999	999	subdivision 697(c)(23) of this title to determine if their enactments are 1
1000	1000	materially different from the Model Compact and whether they qualify for 2
1001	1001	participation in the Compact. 3
1002	1002	(3) All actions taken for the benefit of the Commission or in 4
1003	1003	furtherance of the purposes of the administration of the Compact prior to 5
1004	1004	the effective date of the Compact or the Commission coming into 6
1005	1005	existence shall be considered to be actions of the Commission unless 7
1006	1006	specifically repudiated by the Commission. 8
1007	1007	(4) Any state that joins the Compact subsequent to the 9
1008	1008	Commission’s initial adoption of the rules and bylaws shall be subject to 10
1009	1009	the Commission’s rules and bylaws as they exist on the date on which the 11
1010	1010	Compact becomes law in that state. Any rule that has been previously 12
1011	1011	adopted by the Commission shall have the full force and effect of law on 13
1012	1012	the day the Compact becomes law in that state. 14
1013	1013	(b) Any participating state may withdraw from this Compact by 15
1014	1014	enacting a statute repealing that state’s enactment of the Compact. 16
1015	1015	(1) A participating state’s withdrawal shall not take effect 180 days 17
1016	1016	after enactment of the repealing statute. 18
1017	1017	(2) Withdrawal shall not affect the continuing requirement of the 19
1018	1018	withdrawing state’s licensing authority or authorities to comply with the 20 BILL AS INTRODUCED H.47
1019	1019	2025 Page 43 of 45
1020	1020
1021	1021
1022	1022	VT LEG #378322 v.1
1023	1023	investigative and adverse action reporting requirements of this Compact 1
1024	1024	prior to the effective date of withdrawal. 2
1025	1025	(3) Upon the enactment of a statute withdrawing from this 3
1026	1026	Compact, the state shall immediately provide notice of such withdrawal to 4
1027	1027	all licensees within that state. Notwithstanding any subsequent statutory 5
1028	1028	enactment to the contrary, such withdrawing state shall continue to 6
1029	1029	recognize all compact privileges to practice within that state granted 7
1030	1030	pursuant to this Compact for a minimum of 180 days after the date of such 8
1031	1031	notice of withdrawal. 9
1032	1032	(c) Nothing contained in this Compact shall be construed to invalidate 10
1033	1033	or prevent any licensure agreement or other cooperative arrangement 11
1034	1034	between a participating state and a nonparticipating state that does not 12
1035	1035	conflict with the provisions of this Compact. 13
1036	1036	(d) This Compact may be amended by the participating states. No 14
1037	1037	amendment to this Compact shall become effective and binding upon any 15
1038	1038	participating state until it is enacted into the laws of all participating 16
1039	1039	states. 17
1040	1040	§ 702. CONSTRUCTION AND SEVERABILITY 18
1041	1041	(a) This Compact and the Commission’s rulemaking authority shall be 19
1042	1042	liberally construed so as to effectuate the purposes, and the 20
1043	1043	implementation and administration of the Compact. Provisions of the 21 BILL AS INTRODUCED H.47
1044	1044	2025 Page 44 of 45
1045	1045
1046	1046
1047	1047	VT LEG #378322 v.1
1048	1048	Compact expressly authorizing or requiring the promulgation of rules 1
1049	1049	shall not be construed to limit the Commission’s rulemaking authority 2
1050	1050	solely for those purposes. 3
1051	1051	(b) The provisions of this Compact shall be severable and if any 4
1052	1052	phrase, clause, sentence, or provision of this Compact is held by a court of 5
1053	1053	competent jurisdiction to be contrary to the constitution of any 6
1054	1054	participating state, a State seeking participation in the Compact, or of the 7
1055	1055	United States, or the applicability thereof to any government, agency, 8
1056	1056	person or circumstance is held to be unconstitutional by a court of 9
1057	1057	competent jurisdiction, the validity of the remainder of this Compact and 10
1058	1058	the applicability thereof to any other government, agency, person, or 11
1059	1059	circumstance shall not be affected thereby. 12
1060	1060	(c) Notwithstanding subsection (b) of this section, the Commission 13
1061	1061	may deny a state’s participation in the Compact or, in accordance with the 14
1062	1062	requirements of subsection 700(b) of this title, terminate a participating 15
1063	1063	state’s participation in the Compact, if it determines that a constitutional 16
1064	1064	requirement of a participating state is a material departure from the 17
1065	1065	Compact. Otherwise, if this Compact shall be held to be contrary to the 18
1066	1066	constitution of any participating state, the Compact shall remain in full 19
1067	1067	force and effect as to the remaining participating states and in full force 20
1068	1068	and effect as to the participating state affected as to all severable matters. 21 BILL AS INTRODUCED H.47
1069	1069	2025 Page 45 of 45
1070	1070
1071	1071
1072	1072	VT LEG #378322 v.1
1073	1073	§ 703. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE 1
1074	1074	LAWS 2
1075	1075	(a) Nothing herein shall prevent or inhibit the enforcement of any other law 3
1076	1076	of a participating state that is not inconsistent with the Compact. 4
1077	1077	(b) Any laws, statutes, regulations, or other legal requirements in a 5
1078	1078	participating state in conflict with the Compact are superseded to the extent of 6
1079	1079	the conflict. 7
1080	1080	(c) All permissible agreements between the Commission and the 8
1081	1081	participating states are binding in accordance with their terms. 9
1082	1082	Sec. 2. EFFECTIVE DATE 10
1083	1083	This act shall take effect on July 1, 2025. 11