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.