Bill Text: TX HB3039 | 2023-2024 | 88th Legislature | Engrossed

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Bill Title: Relating to the Dentist and Dental Hygienist Compact; authorizing fees.

Sponsorship: Bipartisan Bill

Status: (Engrossed - Dead) 2023-05-10 - Referred to Health & Human Services [HB3039 Detail]

Download: Texas-2023-HB3039-Engrossed.html

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88R20489 SCP-D
By: Klick, Garcia H.B. No. 3039

A BILL TO BE ENTITLED
AN ACT
relating to the Dentist and Dental Hygienist Compact; authorizing
fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle D, Title 3, Occupations Code, is
amended by adding Chapter 268 to read as follows:
CHAPTER 268. DENTIST AND DENTAL HYGIENIST COMPACT
Sec. 268.001. DENTIST AND DENTAL HYGIENIST COMPACT. The
Dentist and Dental Hygienist Compact is enacted and entered into
with all other jurisdictions that legally join in the compact,
which reads as follows:
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 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;
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 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
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 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, 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
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 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 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
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 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 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
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 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 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 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
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 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 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;
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
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;
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 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 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
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
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 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
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 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
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 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 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
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.
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, 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 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
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.
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.
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 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 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 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 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
A. Nothing herein shall prevent or inhibit the enforcement of any
other law of a Participating State that is not inconsistent with
the Compact.
B. Any laws, statutes, regulations, or other legal requirements in
a Participating State in conflict with the Compact are superseded
to the extent of the conflict.
C. All permissible agreements between the Commission and the
Participating States are binding in accordance with their terms.
Sec. 268.002. ADMINISTRATION OF COMPACT. The board is the
Dentist and Dental Hygienist Compact administrator for this state.
Sec. 268.003. RULES. The board may adopt rules necessary to
implement this chapter.
SECTION 2. This Act takes effect September 1, 2023.