Bill Text: IL SB2982 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Creates the Dentist and Dental Hygienist Compact Act. Provides that the State of Illinois ratifies and approves the Compact. Provides that the purposes of the Compact are to facilitate the interstate practice of dentistry and dental hygiene and improve public access to dentistry and dental hygiene services by providing dentists and dental hygienists licensed in a participating state the ability to practice in participating states in which they are not licensed. Includes provisions about state participation in the Compact; qualifying licenses that are eligible for Compact privilege, including active military members or their spouses; imposition of adverse actions against a qualified license; establishment and operation of the Commission, including each participating state selecting one commissioner to the Commission; development, maintenance, operation, and utilization of a coordinated database and reporting system containing licensure; rulemaking powers of the Commission; oversight, dispute resolution, and enforcement of the Compact; effective date of and amendment to the Compact; withdrawal from the Compact by a participating state; construction and severability; and effect on and conflict with other state laws.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-04-19 - Rule 3-9(a) / Re-referred to Assignments [SB2982 Detail]

Download: Illinois-2023-SB2982-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2982 Introduced 1/31/2024, by Sen. Mary Edly-Allen SYNOPSIS AS INTRODUCED:
New Act
Creates the Dentist and Dental Hygienist Compact Act. Provides that the State of Illinois ratifies and approves the Compact. Provides that the purposes of the Compact are to facilitate the interstate practice of dentistry and dental hygiene and improve public access to dentistry and dental hygiene services by providing dentists and dental hygienists licensed in a participating state the ability to practice in participating states in which they are not licensed. Includes provisions about state participation in the Compact; qualifying licenses that are eligible for Compact privilege, including active military members or their spouses; imposition of adverse actions against a qualified license; establishment and operation of the Commission, including each participating state selecting one commissioner to the Commission; development, maintenance, operation, and utilization of a coordinated database and reporting system containing licensure; rulemaking powers of the Commission; oversight, dispute resolution, and enforcement of the Compact; effective date of and amendment to the Compact; withdrawal from the Compact by a participating state; construction and severability; and effect on and conflict with other state laws.
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A BILL FOR
SB2982 LRB103 37695 AWJ 67822 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Dentist and Dental Hygienist Compact Act.
Section 5. Dentist and Dental Hygienist Compact. The State
of Illinois ratifies and approves the following Compact:
DENTIST AND DENTAL HYGIENIST COMPACT
SECTION 1. TITLE AND PURPOSE
This statute shall be known and cited as the Dentist and
Dental Hygienist Compact. The purposes of this Compact are to
facilitate the interstate practice of dentistry and dental
hygiene and improve public access to dentistry and dental
hygiene services by providing Dentists and Dental Hygienists
licensed in a Participating State the ability to practice in
Participating States in which they are not licensed. The
Compact does this by establishing a pathway for a Dentists and
Dental Hygienists licensed in a Participating State to obtain
a Compact Privilege that authorizes them to practice in
another Participating State in which they are not licensed.
The Compact enables Participating States to protect the public

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health and safety with respect to the practice of such
Dentists and Dental Hygienists, through the State's authority
to regulate the practice of dentistry and dental hygiene in
the State. The Compact:
A. Enables Dentists and Dental Hygienists who qualify
for a Compact Privilege to practice in other Participating
States without satisfying burdensome and duplicative
requirements associated with securing a License to
practice in those States;
B. Promotes mobility and addresses workforce shortages
through each Participating State's acceptance of a Compact
Privilege to practice in that State;
C. Increases public access to qualified, licensed
Dentists and Dental Hygienists by creating a responsible,
streamlined pathway for Licensees to practice in
Participating States;
D. Enhances the ability of Participating States to
protect the public's health and safety;
E. Does not interfere with licensure requirements
established by a Participating State;
F. Facilitates the sharing of licensure and
disciplinary information among Participating States;
G. Requires Dentists and Dental Hygienists who
practice in a Participating State pursuant to a Compact
Privilege to practice within the Scope of Practice
authorized in that State;

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H. Extends the authority of a Participating State to
regulate the practice of dentistry and dental hygiene
within its borders to Dentists and Dental Hygienists who
practice in the State through a Compact Privilege;
I. Promotes the cooperation of Participating State in
regulating the practice of dentistry and dental hygiene
within those States;
J. Facilitates the relocation of military members and
their spouses who are licensed to practice dentistry or
dental hygiene.
SECTION 2. DEFINITIONS
As used in this Compact, unless the context requires
otherwise, the following definitions shall apply:
A. "Active Military Member" means any person with
full-time duty status in the armed forces of the United
States, including members of the National Guard and
Reserve.
B. "Adverse Action" means disciplinary action or
encumbrance imposed on a License or Compact Privilege by a
State Licensing Authority.
C. "Alternative Program" means a non-disciplinary
monitoring or practice remediation process applicable to a
Dentist or Dental Hygienist approved by a State Licensing
Authority of a Participating State in which the Dentist or
Dental Hygienist is licensed. This includes, but is not

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limited to, programs to which Licensees with substance
abuse or addiction issues are referred in lieu of Adverse
Action.
D. "Clinical Assessment" means examination or process,
required for licensure as a Dentist or Dental Hygienist as
applicable, that provides evidence of clinical competence
in dentistry or dental hygiene.
E. "Commissioner" means the individual appointed by a
Participating State to serve as the member of the
Commission for that Participating State.
F. "Compact" means this Dentist and Dental Hygienist
Compact.
G. "Compact Privilege" means the authorization granted
by a Remote State to allow a Licensee from a Participating
State to practice as a Dentist or Dental Hygienist in a
Remote State.
H. "Continuing Professional Development" means a
requirement, as a condition of License renewal to provide
evidence of successful participation in educational or
professional activities relevant to practice or area of
work.
I. "Criminal Background Check" means the submission of
fingerprints or other biometric-based information for a
License applicant for the purpose of obtaining that
applicant's criminal history record information, as
defined in 28 C.F.R. § 20.3(d) from the Federal Bureau of

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Investigation and the State's criminal history record
repository as defined in 28 C.F.R. § 20.3(f).
J. "Data System" means the Commission's repository of
information about Licensees, including but not limited to
examination, licensure, investigative, Compact Privilege,
Adverse Action, and Alternative Program.
K. "Dental Hygienist" means an individual who is
licensed by a State Licensing Authority to practice dental
hygiene.
L. "Dentist" means an individual who is licensed by a
State Licensing Authority to practice dentistry.
M. "Dentist and Dental Hygienist Compact Commission"
or "Commission" means a joint government agency
established by this Compact comprised of each State that
has enacted the Compact and a national administrative body
comprised of a Commissioner from each State that has
enacted the Compact.
N. "Encumbered License" means a License that a State
Licensing Authority has limited in any way other than
through an Alternative Program.
O. "Executive Board" means the Chair, Vice Chair,
Secretary and Treasurer and any other Commissioners as may
be determined by Commission Rule or bylaw.
P. "Jurisprudence Requirement" means the assessment of
an individual's knowledge of the laws and Rules governing
the practice of dentistry or dental hygiene, as

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applicable, in a State.
Q. "License" means current authorization by a State,
other than authorization pursuant to a Compact Privilege,
or other privilege, for an individual to practice as a
Dentist or Dental Hygienist in that State.
R. "Licensee" means an individual who holds an
unrestricted License from a Participating State to
practice as a Dentist or Dental Hygienist in that State.
S. "Model Compact" the model for the Dentist and
Dental Hygienist Compact on file with the Council of State
Governments or other entity as designated by the
Commission.
T. "Participating State" means a State that has
enacted the Compact and been admitted to the Commission in
accordance with the provisions herein and Commission
Rules.
U. "Qualifying License" means a License that is not an
Encumbered License issued by a Participating State to
practice dentistry or dental hygiene.
V. "Remote State" means a Participating State where a
Licensee who is not licensed as a Dentist or Dental
Hygienist is exercising or seeking to exercise the Compact
Privilege.
W. "Rule" means a regulation promulgated by an entity
that has the force of law.
X. "Scope of Practice" means the procedures, actions,

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and processes a Dentist or Dental Hygienist licensed in a
State is permitted to undertake in that State and the
circumstances under which the Licensee is permitted to
undertake those procedures, actions and processes. Such
procedures, actions and processes and the circumstances
under which they may be undertaken may be established
through means, including, but not limited to, statute,
regulations, case law, and other processes available to
the State Licensing Authority or other government agency.
Y. "Significant Investigative Information" means
information, records, and documents received or generated
by a State Licensing Authority pursuant to an
investigation for which a determination has been made that
there is probable cause to believe that the Licensee has
violated a statute or regulation that is considered more
than a minor infraction for which the State Licensing
Authority could pursue Adverse Action against the
Licensee.
Z. "State" means any state, commonwealth, district, or
territory of the United States of America that regulates
the practices of dentistry and dental hygiene.
AA. "State Licensing Authority" means an agency or
other entity of a State that is responsible for the
licensing and regulation of Dentists or Dental Hygienists.
SECTION 3. STATE PARTICIPATION IN THE COMPACT

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A. In order to join the Compact and thereafter continue as
a Participating State, a State must:
1. Enact a compact that is not materially different
from the Model Compact as determined in accordance with
Commission Rules;
2. Participate fully in the Commission's Data System;
3. Have a mechanism in place for receiving and
investigating complaints about its Licensees and License
applicants;
4. Notify the Commission, in compliance with the terms
of the Compact and Commission Rules, of any Adverse Action
or the availability of Significant Investigative
Information regarding a Licensee and License applicant;
5. Fully implement a Criminal Background Check
requirement, within a time frame established by Commission
Rule, by receiving the results of a qualifying Criminal
Background Check;
6. Comply with the Commission Rules applicable to a
Participating State;
7. Accept the National Board Examinations of the Joint
Commission on National Dental Examinations or another
examination accepted by Commission Rule as a licensure
examination;
8. Accept for licensure that applicants for a Dentist
License graduate from a predoctoral dental education
program accredited by the Commission on Dental

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Accreditation, or another accrediting agency recognized by
the United States Department of Education for the
accreditation of dentistry and dental hygiene education
programs, leading to the Doctor of Dental Surgery (D.D.S.)
or Doctor of Dental Medicine (D.M.D.) degree;
9. Accept for licensure that applicants for a Dental
Hygienist License graduate from a dental hygiene education
program accredited by the Commission on Dental
Accreditation or another accrediting agency recognized by
the United States Department of Education for the
accreditation of dentistry and dental hygiene education
programs;
10. Require for licensure that applicants successfully
complete a Clinical Assessment;
11. Have Continuing Professional Development
requirements as a condition for License renewal; and
12. Pay a participation fee to the Commission as
established by Commission Rule.
B. Providing alternative pathways for an individual to
obtain an unrestricted License does not disqualify a State
from participating in the Compact.
C. When conducting a Criminal Background Check the State
Licensing Authority shall:
1. Consider that information in making a licensure
decision;
2. Maintain documentation of completion of the

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Criminal Background Check and background check information
to the extent allowed by State and federal law; and
3. Report to the Commission whether it has completed
the Criminal Background Check and whether the individual
was granted or denied a License.
D. A Licensee of a Participating State who has a
Qualifying License in that State and does not hold an
Encumbered License in any other Participating State, shall be
issued a Compact Privilege in a Remote State in accordance
with the terms of the Compact and Commission Rules. If a Remote
State has a Jurisprudence Requirement a Compact Privilege will
not be issued to the Licensee unless the Licensee has
satisfied the Jurisprudence Requirement.
SECTION 4. COMPACT PRIVILEGE
A. To obtain and exercise the Compact Privilege under the
terms and provisions of the Compact, the Licensee shall:
1. Have a Qualifying License as a Dentist or Dental
Hygienist in a Participating State;
2. Be eligible for a Compact Privilege in any Remote
State in accordance with D, G and H of this section;
3. Submit to an application process whenever the
Licensee is seeking a Compact Privilege;
4. Pay any applicable Commission and Remote State fees
for a Compact Privilege in the Remote State;
5. Meet any Jurisprudence Requirement established by a

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Remote State in which the Licensee is seeking a Compact
Privilege;
6. Have passed a National Board Examination of the
Joint Commission on National Dental Examinations or
another examination accepted by Commission Rule;
7. For a Dentist, have graduated from a predoctoral
dental education program accredited by the Commission on
Dental Accreditation, or another accrediting agency
recognized by the United States Department of Education
for the accreditation of dentistry and dental hygiene
education programs, leading to the Doctor of Dental
Surgery (D.D.S.) or Doctor of Dental Medicine (D.M.D.)
degree;
8. For a Dental Hygienist, have graduated from a
dental hygiene education program accredited by the
Commission on Dental Accreditation or another accrediting
agency recognized by the United States Department of
Education for the accreditation of dentistry and dental
hygiene education programs;
9. Have successfully completed a Clinical Assessment
for licensure;
10. Report to the Commission Adverse Action taken by
any non-Participating State when applying for a Compact
Privilege and, otherwise, within thirty (30) days from the
date the Adverse Action is taken;
11. Report to the Commission when applying for a

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Compact Privilege the address of the Licensee's primary
residence and thereafter immediately report to the
Commission any change in the address of the Licensee's
primary residence; and
12. Consent to accept service of process by mail at
the Licensee's primary residence on record with the
Commission with respect to any action brought against the
Licensee by the Commission or a Participating State, and
consent to accept service of a subpoena by mail at the
Licensee's primary residence on record with the Commission
with respect to any action brought or investigation
conducted by the Commission or a Participating State.
B. The Licensee must comply with the requirements of
subsection A of this section to maintain the Compact Privilege
in the Remote State. If those requirements are met, the
Compact Privilege will continue as long as the Licensee
maintains a Qualifying License in the State through which the
Licensee applied for the Compact Privilege and pays any
applicable Compact Privilege renewal fees.
C. A Licensee providing dentistry or dental hygiene in a
Remote State under the Compact Privilege shall function within
the Scope of Practice authorized by the Remote State for a
Dentist or Dental Hygienist licensed in that State.
D. A Licensee providing dentistry or dental hygiene
pursuant to a Compact Privilege in a Remote State is subject to
that State's regulatory authority. A Remote State may, in

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accordance with due process and that State's laws, by Adverse
Action revoke or remove a Licensee's Compact Privilege in the
Remote State for a specific period of time and impose fines or
take any other necessary actions to protect the health and
safety of its citizens. If a Remote State imposes an Adverse
Action against a Compact Privilege that limits the Compact
Privilege, that Adverse Action applies to all Compact
Privileges in all Remote States. A Licensee whose Compact
Privilege in a Remote State is removed for a specified period
of time is not eligible for a Compact Privilege in any other
Remote State until the specific time for removal of the
Compact Privilege has passed and all encumbrance requirements
are satisfied.
E. If a License in a Participating State is an Encumbered
License, the Licensee shall lose the Compact Privilege in a
Remote State and shall not be eligible for a Compact Privilege
in any Remote State until the License is no longer encumbered.
F. Once an Encumbered License in a Participating State is
restored to good standing, the Licensee must meet the
requirements of subsection A of this section to obtain a
Compact Privilege in a Remote State.
G. If a Licensee's Compact Privilege in a Remote State is
removed by the Remote State, the individual shall lose or be
ineligible for the Compact Privilege in any Remote State until
the following occur:
1. The specific period of time for which the Compact

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Privilege was removed has ended; and
2. All conditions for removal of the Compact Privilege
have been satisfied.
H. Once the requirements of subsection G of this section
have been met, the Licensee must meet the requirements in
subsection A of this section to obtain a Compact Privilege in a
Remote State.
SECTION 5. ACTIVE MILITARY MEMBER OR THEIR SPOUSES
An Active Military Member and their spouse shall not be
required to pay to the Commission for a Compact Privilege the
fee otherwise charged by the Commission. If a Remote State
chooses to charge a fee for a Compact Privilege, it may choose
to charge a reduced fee or no fee to an Active Military Member
and their spouse for a Compact Privilege.
SECTION 6. ADVERSE ACTIONS
A. A Participating State in which a Licensee is licensed
shall have exclusive authority to impose Adverse Action
against the Qualifying License issued by that Participating
State.
B. A Participating State may take Adverse Action based on
the Significant Investigative Information of a Remote State,
so long as the Participating State follows its own procedures
for imposing Adverse Action.
C. Nothing in this Compact shall override a Participating

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State's decision that participation in an Alternative Program
may be used in lieu of Adverse Action and that such
participation shall remain non-public if required by the
Participating State's laws. Participating States must require
Licensees who enter any Alternative Program in lieu of
discipline to agree not to practice pursuant to a Compact
Privilege in any other Participating State during the term of
the Alternative Program without prior authorization from such
other Participating State.
D. Any Participating State in which a Licensee is applying
to practice or is practicing pursuant to a Compact Privilege
may investigate actual or alleged violations of the statutes
and regulations authorizing the practice of dentistry or
dental hygiene in any other Participating State in which the
Dentist or Dental Hygienist holds a License or Compact
Privilege.
E. A Remote State shall have the authority to:
1. Take Adverse Actions as set forth in Section 4.D
against a Licensee's Compact Privilege in the State;
2. In furtherance of its rights and responsibilities
under the Compact and the Commission's Rules issue
subpoenas for both hearings and investigations that
require the attendance and testimony of witnesses, and the
production of evidence. Subpoenas issued by a State
Licensing Authority in a Participating State for the
attendance and testimony of witnesses, or the production

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of evidence from another Participating State, shall be
enforced in the latter State by any court of competent
jurisdiction, according to the practice and procedure of
that court applicable to subpoenas issued in proceedings
pending before it. The issuing authority shall pay any
witness fees, travel expenses, mileage, and other fees
required by the service statutes of the State where the
witnesses or evidence are located; and
3. If otherwise permitted by State law, recover from
the Licensee the costs of investigations and disposition
of cases resulting from any Adverse Action taken against
that Licensee.
F. Joint Investigations
1. In addition to the authority granted to a
Participating State by its Dentist or Dental Hygienist
licensure act or other applicable State law, a
Participating State may jointly investigate Licensees with
other Participating States.
2. Participating States shall share any Significant
Investigative Information, litigation, or compliance
materials in furtherance of any joint or individual
investigation initiated under the Compact.
G. Authority to Continue Investigation
1. After a Licensee's Compact Privilege in a Remote
State is terminated, the Remote State may continue an
investigation of the Licensee that began when the Licensee

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had a Compact Privilege in that Remote State.
2. If the investigation yields what would be
Significant Investigative Information had the Licensee
continued to have a Compact Privilege in that Remote
State, the Remote State shall report the presence of such
information to the Data System as required by Section
8.B.6 as if it was Significant Investigative Information.
SECTION 7. ESTABLISHMENT AND OPERATION OF THE COMMISSION.
A. The Compact Participating States hereby create and
establish a joint government agency whose membership consists
of all Participating States that have enacted the Compact. The
Commission is an instrumentality of the Participating States
acting jointly and not an instrumentality of any one State.
The Commission shall come into existence on or after the
effective date of the Compact as set forth in Section 11A.
B. Participation, Voting, and Meetings
1. Each Participating State shall have and be limited
to one (1) Commissioner selected by that Participating
State's State Licensing Authority or, if the State has
more than one State Licensing Authority, selected
collectively by the State Licensing Authorities.
2. The Commissioner shall be a member or designee of
such Authority or Authorities.
3. The Commission may by Rule or bylaw establish a
term of office for Commissioners and may by Rule or bylaw

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establish term limits.
4. The Commission may recommend to a State Licensing
Authority or Authorities, as applicable, removal or
suspension of an individual as the State's Commissioner.
5. A Participating State's State Licensing Authority,
or Authorities, as applicable, shall fill any vacancy of
its Commissioner on the Commission within sixty (60) days
of the vacancy.
6. Each Commissioner shall be entitled to one vote on
all matters that are voted upon by the Commission.
7. The Commission shall meet at least once during each
calendar year. Additional meetings may be held as set
forth in the bylaws. The Commission may meet by
telecommunication, video conference or other similar
electronic means.
C. The Commission shall have the following powers:
1. Establish the fiscal year of the Commission;
2. Establish a code of conduct and conflict of
interest policies;
3. Adopt Rules and bylaws;
4. Maintain its financial records in accordance with
the bylaws;
5. Meet and take such actions as are consistent with
the provisions of this Compact, the Commission's Rules,
and the bylaws;
6. Initiate and conclude legal proceedings or actions

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in the name of the Commission, provided that the standing
of any State Licensing Authority to sue or be sued under
applicable law shall not be affected;
7. Maintain and certify records and information
provided to a Participating State as the authenticated
business records of the Commission, and designate a person
to do so on the Commission's behalf;
8. Purchase and maintain insurance and bonds;
9. Borrow, accept, or contract for services of
personnel, including, but not limited to, employees of a
Participating State;
10. Conduct an annual financial review;
11. Hire employees, elect or appoint officers, fix
compensation, define duties, grant such individuals
appropriate authority to carry out the purposes of the
Compact, and establish the Commission's personnel policies
and programs relating to conflicts of interest,
qualifications of personnel, and other related personnel
matters;
12. As set forth in the Commission Rules, charge a fee
to a Licensee for the grant of a Compact Privilege in a
Remote State and thereafter, as may be established by
Commission Rule, charge the Licensee a Compact Privilege
renewal fee for each renewal period in which that Licensee
exercises or intends to exercise the Compact Privilege in
that Remote State. Nothing herein shall be construed to

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prevent a Remote State from charging a Licensee a fee for a
Compact Privilege or renewals of a Compact Privilege, or a
fee for the Jurisprudence Requirement if the Remote State
imposes such a requirement for the grant of a Compact
Privilege;
13. Accept any and all appropriate gifts, donations,
grants of money, other sources of revenue, equipment,
supplies, materials, and services, and receive, utilize,
and dispose of the same; provided that at all times the
Commission shall avoid any appearance of impropriety
and/or conflict of interest;
14. Lease, purchase, retain, own, hold, improve, or
use any property, real, personal, or mixed, or any
undivided interest therein;
15. Sell, convey, mortgage, pledge, lease, exchange,
abandon, or otherwise dispose of any property real,
personal, or mixed;
16. Establish a budget and make expenditures;
17. Borrow money;
18. Appoint committees, including standing committees,
which may be composed of members, State regulators, State
legislators or their representatives, and consumer
representatives, and such other interested persons as may
be designated in this Compact and the bylaws;
19. Provide and receive information from, and
cooperate with, law enforcement agencies;

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20. Elect a Chair, Vice Chair, Secretary and Treasurer
and such other officers of the Commission as provided in
the Commission's bylaws;
21. Establish and elect an Executive Board;
22. Adopt and provide to the Participating States an
annual report;
23. Determine whether a State's enacted compact is
materially different from the Model Compact language such
that the State would not qualify for participation in the
Compact; and
24. Perform such other functions as may be necessary
or appropriate to achieve the purposes of this Compact.
D. Meetings of the Commission
1. All meetings of the Commission that are not closed
pursuant to this subsection shall be open to the public.
Notice of public meetings shall be posted on the
Commission's website at least thirty (30) days prior to
the public meeting.
2. Notwithstanding subsection D.1 of this section, the
Commission may convene an emergency public meeting by
providing at least twenty-four (24) hours prior notice on
the Commission's website, and any other means as provided
in the Commission's Rules, for any of the reasons it may
dispense with notice of proposed rulemaking under Section
9.L. The Commission's legal counsel shall certify that one
of the reasons justifying an emergency public meeting has

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been met.
3. Notice of all Commission meetings shall provide the
time, date, and location of the meeting, and if the
meeting is to be held or accessible via telecommunication,
video conference, or other electronic means, the notice
shall include the mechanism for access to the meeting
through such means.
4. The Commission may convene in a closed, non-public
meeting for the Commission to receive legal advice or to
discuss:
a. Non-compliance of a Participating State with
its obligations under the Compact;
b. The employment, compensation, discipline or
other matters, practices or procedures related to
specific employees or other matters related to the
Commission's internal personnel practices and
procedures;
c. Current or threatened discipline of a Licensee
or Compact Privilege holder by the Commission or by a
Participating State's Licensing Authority;
d. Current, threatened, or reasonably anticipated
litigation;
e. Negotiation of contracts for the purchase,
lease, or sale of goods, services, or real estate;
f. Accusing any person of a crime or formally
censuring any person;

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g. Trade secrets or commercial or financial
information that is privileged or confidential;
h. Information of a personal nature where
disclosure would constitute a clearly unwarranted
invasion of personal privacy;
i. Investigative records compiled for law
enforcement purposes;
j. Information related to any investigative
reports prepared by or on behalf of or for use of the
Commission or other committee charged with
responsibility of investigation or determination of
compliance issues pursuant to the Compact;
k. Legal advice;
l. Matters specifically exempted from disclosure
to the public by federal or Participating State law;
and
m. Other matters as promulgated by the Commission
by Rule.
5. If a meeting, or portion of a meeting, is closed,
the presiding officer shall state that the meeting will be
closed and reference each relevant exempting provision,
and such reference shall be recorded in the minutes.
6. The Commission shall keep minutes that fully and
clearly describe all matters discussed in a meeting and
shall provide a full and accurate summary of actions
taken, and the reasons therefore, including a description

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of the views expressed. All documents considered in
connection with an action shall be identified in such
minutes. All minutes and documents of a closed meeting
shall remain under seal, subject to release only by a
majority vote of the Commission or order of a court of
competent jurisdiction.
E. Financing of the Commission
1. The Commission shall pay, or provide for the
payment of, the reasonable expenses of its establishment,
organization, and ongoing activities.
2. The Commission may accept any and all appropriate
sources of revenue, donations, and grants of money,
equipment, supplies, materials, and services.
3. The Commission may levy on and collect an annual
assessment from each Participating State and impose fees
on Licensees of Participating States when a Compact
Privilege is granted, to cover the cost of the operations
and activities of the Commission and its staff, which must
be in a total amount sufficient to cover its annual budget
as approved each fiscal year for which sufficient revenue
is not provided by other sources. The aggregate annual
assessment amount for Participating States shall be
allocated based upon a formula that the Commission shall
promulgate by Rule.
4. The Commission shall not incur obligations of any
kind prior to securing the funds adequate to meet the

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same; nor shall the Commission pledge the credit of any
Participating State, except by and with the authority of
the Participating State.
5. The Commission shall keep accurate accounts of all
receipts and disbursements. The receipts and disbursements
of the Commission shall be subject to the financial review
and accounting procedures established under its bylaws.
All receipts and disbursements of funds handled by the
Commission shall be subject to an annual financial review
by a certified or licensed public accountant, and the
report of the financial review shall be included in and
become part of the annual report of the Commission.
F. The Executive Board
1. The Executive Board shall have the power to act on
behalf of the Commission according to the terms of this
Compact. The powers, duties, and responsibilities of the
Executive Board shall include:
a. Overseeing the day-to-day activities of the
administration of the Compact including compliance
with the provisions of the Compact, the Commission's
Rules and bylaws;
b. Recommending to the Commission changes to the
Rules or bylaws, changes to this Compact legislation,
fees charged to Compact Participating States, fees
charged to Licensees, and other fees;
c. Ensuring Compact administration services are

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appropriately provided, including by contract;
d. Preparing and recommending the budget;
e. Maintaining financial records on behalf of the
Commission;
f. Monitoring Compact compliance of Participating
States and providing compliance reports to the
Commission;
g. Establishing additional committees as
necessary;
h. Exercising the powers and duties of the
Commission during the interim between Commission
meetings, except for adopting or amending Rules,
adopting or amending bylaws, and exercising any other
powers and duties expressly reserved to the Commission
by Rule or bylaw; and
i. Other duties as provided in the Rules or bylaws
of the Commission.
2. The Executive Board shall be composed of up to
seven (7) members:
a. The Chair, Vice Chair, Secretary and Treasurer
of the Commission and any other members of the
Commission who serve on the Executive Board shall be
voting members of the Executive Board; and
b. Other than the Chair, Vice Chair, Secretary,
and Treasurer, the Commission may elect up to three
(3) voting members from the current membership of the

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Commission.
3. The Commission may remove any member of the
Executive Board as provided in the Commission's bylaws.
4. The Executive Board shall meet at least annually.
a. An Executive Board meeting at which it takes or
intends to take formal action on a matter shall be open
to the public, except that the Executive Board may
meet in a closed, non-public session of a public
meeting when dealing with any of the matters covered
under subsection D.4.
b. The Executive Board shall give five (5)
business days' notice of its public meetings, posted
on its website and as it may otherwise determine to
provide notice to persons with an interest in the
public matters the Executive Board intends to address
at those meetings.
5. The Executive Board may hold an emergency meeting
when acting for the Commission to:
a. Meet an imminent threat to public health,
safety, or welfare;
b. Prevent a loss of Commission or Participating
State funds; or
c. Protect public health and safety.
G. Qualified Immunity, Defense, and Indemnification
1. The members, officers, executive director,
employees and representatives of the Commission shall be

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immune from suit and liability, both personally and in
their official capacity, for any claim for damage to or
loss of property or personal injury or other civil
liability caused by or arising out of any actual or
alleged act, error, or omission that occurred, or that the
person against whom the claim is made had a reasonable
basis for believing occurred within the scope of
Commission employment, duties or responsibilities;
provided that nothing in this paragraph shall be construed
to protect any such person from suit or liability for any
damage, loss, injury, or liability caused by the
intentional or willful or wanton misconduct of that
person. The procurement of insurance of any type by the
Commission shall not in any way compromise or limit the
immunity granted hereunder.
2. The Commission shall defend any member, officer,
executive director, employee, and representative of the
Commission in any civil action seeking to impose liability
arising out of any actual or alleged act, error, or
omission that occurred within the scope of Commission
employment, duties, or responsibilities, or as determined
by the Commission that the person against whom the claim
is made had a reasonable basis for believing occurred
within the scope of Commission employment, duties, or
responsibilities; provided that nothing herein shall be
construed to prohibit that person from retaining their own

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counsel at their own expense; and provided further, that
the actual or alleged act, error, or omission did not
result from that person's intentional or willful or wanton
misconduct.
3. Notwithstanding subsection G.1 of this section,
should any member, officer, executive director, employee,
or representative of the Commission be held liable for the
amount of any settlement or judgment arising out of any
actual or alleged act, error, or omission that occurred
within the scope of that individual's employment, duties,
or responsibilities for the Commission, or that the person
to whom that individual is liable had a reasonable basis
for believing occurred within the scope of the
individual's employment, duties, or responsibilities for
the Commission, the Commission shall indemnify and hold
harmless such individual, provided that the actual or
alleged act, error, or omission did not result from the
intentional or willful or wanton misconduct of the
individual.
4. Nothing herein shall be construed as a limitation
on the liability of any Licensee for professional
malpractice or misconduct, which shall be governed solely
by any other applicable State laws.
5. Nothing in this Compact shall be interpreted to
waive or otherwise abrogate a Participating State's state
action immunity or state action affirmative defense with

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respect to antitrust claims under the Sherman Act, Clayton
Act, or any other State or federal antitrust or
anticompetitive law or regulation.
6. Nothing in this Compact shall be construed to be a
waiver of sovereign immunity by the Participating States
or by the Commission.
SECTION 8. DATA SYSTEM
A. The Commission shall provide for the development,
maintenance, operation, and utilization of a coordinated
database and reporting system containing licensure, Adverse
Action, and the presence of Significant Investigative
Information on all Licensees and applicants for a License in
Participating States.
B. Notwithstanding any other provision of State law to the
contrary, a Participating State shall submit a uniform data
set to the Data System on all individuals to whom this Compact
is applicable as required by the Rules of the Commission,
including:
1. Identifying information;
2. Licensure data;
3. Adverse Actions against a Licensee, License
applicant or Compact Privilege and information related
thereto;
4. Non-confidential information related to Alternative
Program participation, the beginning and ending dates of

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such participation, and other information related to such
participation;
5. Any denial of an application for licensure, and the
reason(s) for such denial, (excluding the reporting of any
criminal history record information where prohibited by
law);
6. The presence of Significant Investigative
Information; and
7. Other information that may facilitate the
administration of this Compact or the protection of the
public, as determined by the Rules of the Commission.
C. The records and information provided to a Participating
State pursuant to this Compact or through the Data System,
when certified by the Commission or an agent thereof, shall
constitute the authenticated business records of the
Commission, and shall be entitled to any associated hearsay
exception in any relevant judicial, quasi-judicial or
administrative proceedings in a Participating State.
D. Significant Investigative Information pertaining to a
Licensee in any Participating State will only be available to
other Participating States.
E. It is the responsibility of the Participating States to
monitor the database to determine whether Adverse Action has
been taken against a Licensee or License applicant. Adverse
Action information pertaining to a Licensee or License
applicant in any Participating State will be available to any

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other Participating State.
F. Participating States contributing information to the
Data System may designate information that may not be shared
with the public without the express permission of the
contributing State.
G. Any information submitted to the Data System that is
subsequently expunged pursuant to federal law or the laws of
the Participating State contributing the information shall be
removed from the Data System.
SECTION 9. RULEMAKING
A. The Commission shall promulgate reasonable Rules in
order to effectively and efficiently implement and administer
the purposes and provisions of the Compact. A Commission Rule
shall be invalid and have no force or effect only if a court of
competent jurisdiction holds that the Rule is invalid because
the Commission exercised its rulemaking authority in a manner
that is beyond the scope and purposes of the Compact, or the
powers granted hereunder, or based upon another applicable
standard of review.
B. The Rules of the Commission shall have the force of law
in each Participating State, provided however that where the
Rules of the Commission conflict with the laws of the
Participating State that establish the Participating State's
Scope of Practice as held by a court of competent
jurisdiction, the Rules of the Commission shall be ineffective

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in that State to the extent of the conflict.
C. The Commission shall exercise its Rulemaking powers
pursuant to the criteria set forth in this section and the
Rules adopted thereunder. Rules shall become binding as of the
date specified by the Commission for each Rule.
D. If a majority of the legislatures of the Participating
States rejects a Commission Rule or portion of a Commission
Rule, by enactment of a statute or resolution in the same
manner used to adopt the Compact, within four (4) years of the
date of adoption of the Rule, then such Rule shall have no
further force and effect in any Participating State or to any
State applying to participate in the Compact.
E. Rules shall be adopted at a regular or special meeting
of the Commission.
F. Prior to adoption of a proposed Rule, the Commission
shall hold a public hearing and allow persons to provide oral
and written comments, data, facts, opinions, and arguments.
G. Prior to adoption of a proposed Rule by the Commission,
and at least thirty (30) days in advance of the meeting at
which the Commission will hold a public hearing on the
proposed Rule, the Commission shall provide a Notice of
Proposed Rulemaking:
1. On the website of the Commission or other publicly
accessible platform;
2. To persons who have requested notice of the
Commission's notices of proposed rulemaking; and

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3. In such other way(s) as the Commission may by Rule
specify.
H. The Notice of Proposed Rulemaking shall include:
1. The time, date, and location of the public hearing
at which the Commission will hear public comments on the
proposed Rule and, if different, the time, date, and
location of the meeting where the Commission will consider
and vote on the proposed Rule;
2. If the hearing is held via telecommunication, video
conference, or other electronic means, the Commission
shall include the mechanism for access to the hearing in
the Notice of Proposed Rulemaking;
3. The text of the proposed Rule and the reason
therefor;
4. A request for comments on the proposed Rule from
any interested person; and
5. The manner in which interested persons may submit
written comments.
I. All hearings will be recorded. A copy of the recording
and all written comments and documents received by the
Commission in response to the proposed Rule shall be available
to the public.
J. Nothing in this section shall be construed as requiring
a separate hearing on each Commission Rule. Rules may be
grouped for the convenience of the Commission at hearings
required by this section.

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K. The Commission shall, by majority vote of all
Commissioners, take final action on the proposed Rule based on
the rulemaking record.
1. The Commission may adopt changes to the proposed
Rule provided the changes do not enlarge the original
purpose of the proposed Rule.
2. The Commission shall provide an explanation of the
reasons for substantive changes made to the proposed Rule
as well as reasons for substantive changes not made that
were recommended by commenters.
3. The Commission shall determine a reasonable
effective date for the Rule. Except for an emergency as
provided in subsection L, the effective date of the Rule
shall be no sooner than thirty (30) days after the
Commission issuing the notice that it adopted or amended
the Rule.
L. Upon determination that an emergency exists, the
Commission may consider and adopt an emergency Rule with 24
hours' notice, with opportunity to comment, provided that the
usual rulemaking procedures provided in the Compact and in
this section shall be retroactively applied to the Rule as
soon as reasonably possible, in no event later than ninety
(90) days after the effective date of the Rule. For the
purposes of this provision, an emergency Rule is one that must
be adopted immediately in order to:
1. Meet an imminent threat to public health, safety,

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or welfare;
2. Prevent a loss of Commission or Participating State
funds;
3. Meet a deadline for the promulgation of a Rule that
is established by federal law or rule; or
4. Protect public health and safety.
M. The Commission or an authorized committee of the
Commission may direct revisions to a previously adopted Rule
for purposes of correcting typographical errors, errors in
format, errors in consistency, or grammatical errors. Public
notice of any revisions shall be posted on the website of the
Commission. The revision shall be subject to challenge by any
person for a period of thirty (30) days after posting. The
revision may be challenged only on grounds that the revision
results in a material change to a Rule. A challenge shall be
made in writing and delivered to the Commission prior to the
end of the notice period. If no challenge is made, the revision
will take effect without further action. If the revision is
challenged, the revision may not take effect without the
approval of the Commission.
N. No Participating State's rulemaking requirements shall
apply under this Compact.
SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
A. Oversight
1. The executive and judicial branches of State

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government in each Participating State shall enforce this
Compact and take all actions necessary and appropriate to
implement the Compact.
2. Venue is proper and judicial proceedings by or
against the Commission shall be brought solely and
exclusively in a court of competent jurisdiction where the
principal office of the Commission is located. The
Commission may waive venue and jurisdictional defenses to
the extent it adopts or consents to participate in
alternative dispute resolution proceedings. Nothing herein
shall affect or limit the selection or propriety of venue
in any action against a Licensee for professional
malpractice, misconduct or any such similar matter.
3. The Commission shall be entitled to receive service
of process in any proceeding regarding the enforcement or
interpretation of the Compact or Commission Rule and shall
have standing to intervene in such a proceeding for all
purposes. Failure to provide the Commission service of
process shall render a judgment or order void as to the
Commission, this Compact, or promulgated Rules.
B. Default, Technical Assistance, and Termination
1. If the Commission determines that a Participating
State has defaulted in the performance of its obligations
or responsibilities under this Compact or the promulgated
Rules, the Commission shall provide written notice to the
defaulting State. The notice of default shall describe the

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default, the proposed means of curing the default, and any
other action that the Commission may take, and shall offer
training and specific technical assistance regarding the
default.
2. The Commission shall provide a copy of the notice
of default to the other Participating States.
C. If a State in default fails to cure the default, the
defaulting State may be terminated from the Compact upon an
affirmative vote of a majority of the Commissioners, and all
rights, privileges and benefits conferred on that State by
this Compact may be terminated on the effective date of
termination. A cure of the default does not relieve the
offending State of obligations or liabilities incurred during
the period of default.
D. Termination of participation in the Compact shall be
imposed only after all other means of securing compliance have
been exhausted. Notice of intent to suspend or terminate shall
be given by the Commission to the governor, the majority and
minority leaders of the defaulting State's legislature, the
defaulting State's State Licensing Authority or Authorities,
as applicable, and each of the Participating States' State
Licensing Authority or Authorities, as applicable.
E. A State that has been terminated is responsible for all
assessments, obligations, and liabilities incurred through the
effective date of termination, including obligations that
extend beyond the effective date of termination.

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F. Upon the termination of a State's participation in this
Compact, that State shall immediately provide notice to all
Licensees of the State, including Licensees of other
Participating States issued a Compact Privilege to practice
within that State, of such termination. The terminated State
shall continue to recognize all Compact Privileges then in
effect in that State for a minimum of one hundred eighty (180)
days after the date of said notice of termination.
G. The Commission shall not bear any costs related to a
State that is found to be in default or that has been
terminated from the Compact, unless agreed upon in writing
between the Commission and the defaulting State.
H. The defaulting State may appeal the action of the
Commission by petitioning the U.S. District Court for the
District of Columbia or the federal district where the
Commission has its principal offices. The prevailing party
shall be awarded all costs of such litigation, including
reasonable attorney's fees.
I. Dispute Resolution
1. Upon request by a Participating State, the
Commission shall attempt to resolve disputes related to
the Compact that arise among Participating States and
between Participating States and non-Participating States.
2. The Commission shall promulgate a Rule providing
for both mediation and binding dispute resolution for
disputes as appropriate.

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J. Enforcement
1. The Commission, in the reasonable exercise of its
discretion, shall enforce the provisions of this Compact
and the Commission's Rules.
2. By majority vote, the Commission may initiate legal
action against a Participating State in default in the
United States District Court for the District of Columbia
or the federal district where the Commission has its
principal offices to enforce compliance with the
provisions of the Compact and its promulgated Rules. The
relief sought may include both injunctive relief and
damages. In the event judicial enforcement is necessary,
the prevailing party shall be awarded all costs of such
litigation, including reasonable attorney's fees. The
remedies herein shall not be the exclusive remedies of the
Commission. The Commission may pursue any other remedies
available under federal or the defaulting Participating
State's law.
3. A Participating State may initiate legal action
against the Commission in the U.S. District Court for the
District of Columbia or the federal district where the
Commission has its principal offices to enforce compliance
with the provisions of the Compact and its promulgated
Rules. The relief sought may include both injunctive
relief and damages. In the event judicial enforcement is
necessary, the prevailing party shall be awarded all costs

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of such litigation, including reasonable attorney's fees.
4. No individual or entity other than a Participating
State may enforce this Compact against the Commission.
SECTION 11. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT
A. The Compact shall come into effect on the date on which
the Compact statute is enacted into law in the seventh
Participating State.
1. On or after the effective date of the Compact, the
Commission shall convene and review the enactment of each
of the States that enacted the Compact prior to the
Commission convening ("Charter Participating States") to
determine if the statute enacted by each such Charter
Participating State is materially different than the Model
Compact.
a. A Charter Participating State whose enactment
is found to be materially different from the Model
Compact shall be entitled to the default process set
forth in Section 10.
b. If any Participating State is later found to be
in default, or is terminated or withdraws from the
Compact, the Commission shall remain in existence and
the Compact shall remain in effect even if the number
of Participating States should be less than seven (7).
2. Participating States enacting the Compact
subsequent to the Charter Participating States shall be

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subject to the process set forth in Section 7.C.23 to
determine if their enactments are materially different
from the Model Compact and whether they qualify for
participation in the Compact.
3. All actions taken for the benefit of the Commission
or in furtherance of the purposes of the administration of
the Compact prior to the effective date of the Compact or
the Commission coming into existence shall be considered
to be actions of the Commission unless specifically
repudiated by the Commission.
4. Any State that joins the Compact subsequent to the
Commission's initial adoption of the Rules and bylaws
shall be subject to the Commission's Rules and bylaws as
they exist on the date on which the Compact becomes law in
that State. Any Rule that has been previously adopted by
the Commission shall have the full force and effect of law
on the day the Compact becomes law in that State.
B. Any Participating State may withdraw from this Compact
by enacting a statute repealing that State's enactment of the
Compact.
1. A Participating State's withdrawal shall not take
effect until one hundred eighty (180) days after enactment
of the repealing statute.
2. Withdrawal shall not affect the continuing
requirement of the withdrawing State's Licensing Authority
or Authorities to comply with the investigative and

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Adverse Action reporting requirements of this Compact
prior to the effective date of withdrawal.
3. Upon the enactment of a statute withdrawing from
this Compact, the State shall immediately provide notice
of such withdrawal to all Licensees within that State.
Notwithstanding any subsequent statutory enactment to the
contrary, such withdrawing State shall continue to
recognize all Compact Privileges to practice within that
State granted pursuant to this Compact for a minimum of
one hundred eighty (180) days after the date of such
notice of withdrawal.
C. Nothing contained in this Compact shall be construed to
invalidate or prevent any licensure agreement or other
cooperative arrangement between a Participating State and a
non-Participating State that does not conflict with the
provisions of this Compact.
D. This Compact may be amended by the Participating
States. No amendment to this Compact shall become effective
and binding upon any Participating State until it is enacted
into the laws of all Participating States.
SECTION 12. CONSTRUCTION AND SEVERABILITY
A. This Compact and the Commission's rulemaking authority
shall be liberally construed so as to effectuate the purposes,
and the implementation and administration of the Compact.
Provisions of the Compact expressly authorizing or requiring

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the promulgation of Rules shall not be construed to limit the
Commission's rulemaking authority solely for those purposes.
B. The provisions of this Compact shall be severable and
if any phrase, clause, sentence or provision of this Compact
is held by a court of competent jurisdiction to be contrary to
the constitution of any Participating State, a State seeking
participation in the Compact, or of the United States, or the
applicability thereof to any government, agency, person or
circumstance is held to be unconstitutional by a court of
competent jurisdiction, the validity of the remainder of this
Compact and the applicability thereof to any other government,
agency, person or circumstance shall not be affected thereby.
C. Notwithstanding subsection B of this section, the
Commission may deny a State's participation in the Compact or,
in accordance with the requirements of Section 10.B, terminate
a Participating State's participation in the Compact, if it
determines that a constitutional requirement of a
Participating State is a material departure from the Compact.
Otherwise, if this Compact shall be held to be contrary to the
constitution of any Participating State, the Compact shall
remain in full force and effect as to the remaining
Participating States and in full force and effect as to the
Participating State affected as to all severable matters.
SECTION 13. CONSISTENT EFFECT AND CONFLICT WITH OTHER
STATE LAWS

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