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A BILL TO BE ENTITLED
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AN ACT
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relating to the Dentist and Dental Hygienist Compact; authorizing |
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fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle D, Title 3, Occupations Code, is |
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amended by adding Chapter 268 to read as follows: |
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CHAPTER 268. DENTIST AND DENTAL HYGIENIST COMPACT |
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Sec. 268.001. DENTIST AND DENTAL HYGIENIST COMPACT. The |
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Dentist and Dental Hygienist Compact is enacted and entered into |
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with all other jurisdictions that legally join in the compact, |
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which reads as follows: |
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DENTIST AND DENTAL HYGIENIST COMPACT |
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SECTION 1. TITLE AND PURPOSE |
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This statute shall be known and cited as the Dentist and Dental |
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Hygienist Compact. The purposes of this Compact are to facilitate |
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the interstate practice of dentistry and dental hygiene and improve |
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public access to dentistry and dental hygiene services by providing |
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Dentists and Dental Hygienists licensed in a Participating State |
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the ability to practice in Participating States in which they are |
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not licensed. The Compact does this by establishing a pathway for a |
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Dentists and Dental Hygienists licensed in a Participating State to |
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obtain a Compact Privilege that authorizes them to practice in |
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another Participating State in which they are not licensed. The |
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Compact enables Participating States to protect the public health |
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and safety with respect to the practice of such Dentists and Dental |
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Hygienists, through the State's authority to regulate the practice |
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of dentistry and dental hygiene in the State. The Compact: |
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A. Enables Dentists and Dental Hygienists who qualify for a |
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Compact Privilege to practice in other Participating |
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States without satisfying burdensome and duplicative |
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requirements associated with securing a License to |
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practice in those States; |
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B. Promotes mobility and addresses workforce shortages |
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through each Participating State's acceptance of a Compact |
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Privilege to practice in that State; |
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C. Increases public access to qualified, licensed Dentists |
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and Dental Hygienists by creating a responsible, |
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streamlined pathway for Licensees to practice in |
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Participating States. |
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D. Enhances the ability of Participating States to protect |
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the public's health and safety; |
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E. Does not interfere with licensure requirements |
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established by a Participating State; |
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F. Facilitates the sharing of licensure and disciplinary |
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information among Participating States; |
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G. Requires Dentists and Dental Hygienists who practice in a |
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Participating State pursuant to a Compact Privilege to |
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practice within the Scope of Practice authorized in that |
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State; |
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H. Extends the authority of a Participating State to regulate |
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the practice of dentistry and dental hygiene within its |
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borders to Dentists and Dental Hygienists who practice in |
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the State through a Compact Privilege; |
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I. Promotes the cooperation of Participating State in |
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regulating the practice of dentistry and dental hygiene |
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within those States; |
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J. Facilitates the relocation of military members and their |
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spouses who are licensed to practice dentistry or dental |
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hygiene; |
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SECTION 2. DEFINITIONS |
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As used in this Compact, unless the context requires otherwise, the |
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following definitions shall apply: |
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A. "Active Military Member" means any person with full-time |
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duty status in the armed forces of the United States, |
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including members of the National Guard and Reserve. |
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B. "Adverse Action" means disciplinary action or encumbrance |
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imposed on a License or Compact Privilege by a State |
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Licensing Authority. |
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C. "Alternative Program" means a non-disciplinary monitoring |
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or practice remediation process applicable to a Dentist or |
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Dental Hygienist approved by a State Licensing Authority |
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of a Participating State in which the Dentist or Dental |
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Hygienist is licensed. This includes, but is not limited |
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to, programs to which Licensees with substance abuse or |
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addiction issues are referred in lieu of Adverse Action. |
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D. "Clinical Assessment" means examination or process, |
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required for licensure as a Dentist or Dental Hygienist as |
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applicable, that provides evidence of clinical competence |
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in dentistry or dental hygiene. |
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E. "Commissioner" means the individual appointed by a |
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Participating State to serve as the member of the |
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Commission for that Participating State. |
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F. "Compact" means this Dentist and Dental Hygienist |
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Compact. |
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G. "Compact Privilege" means the authorization granted by a |
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Remote State to allow a Licensee from a Participating |
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State to practice as a Dentist or Dental Hygienist in a |
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Remote State. |
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H. "Continuing Professional Development" means a |
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requirement, as a condition of License renewal to provide |
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evidence of successful participation in educational or |
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professional activities relevant to practice or area of |
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work. |
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I. "Criminal Background Check" means the submission of |
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fingerprints or other biometric-based information for a |
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License applicant for the purpose of obtaining that |
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applicant's criminal history record information, as |
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defined in 28 C.F.R. § 20.3(d) from the Federal Bureau of |
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Investigation and the State's criminal history record |
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repository as defined in 28 C.F.R. § 20.3(f). |
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J. "Data System" means the Commission's repository of |
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information about Licensees, including but not limited to |
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examination, licensure, investigative, Compact Privilege, |
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Adverse Action, and Alternative Program. |
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K. "Dental Hygienist" means an individual who is licensed by |
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a State Licensing Authority to practice dental hygiene. |
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L. "Dentist" means an individual who is licensed by a State |
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Licensing Authority to practice dentistry. |
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M. "Dentist and Dental Hygienist Compact Commission" or |
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"Commission" means a joint government agency established |
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by this Compact comprised of each State that has enacted |
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the Compact and a national administrative body comprised |
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of a Commissioner from each State that has enacted the |
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Compact. |
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N. "Encumbered License" means a License that a State |
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Licensing Authority has limited in any way other than |
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through an Alternative Program. |
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O. "Executive Board" means the Chair, Vice Chair, Secretary |
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and Treasurer and any other Commissioners as may be |
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determined by Commission Rule or bylaw. |
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P. "Jurisprudence Requirement" means the assessment of an |
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individual's knowledge of the laws and Rules governing the |
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practice of dentistry or dental hygiene, as applicable, in |
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a State. |
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Q. "License” means current authorization by a State, other |
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than authorization pursuant to a Compact Privilege, or |
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other privilege, for an individual to practice as a |
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Dentist or Dental Hygienist in that State. |
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R. "Licensee" means an individual who holds an unrestricted |
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License from a Participating State to practice as a |
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Dentist or Dental Hygienist in that State. |
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S. "Model Compact" the model for the Dentist and Dental |
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Hygienist Compact on file with the Council of State |
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Governments or other entity as designated by the |
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Commission. |
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T. "Participating State" means a State that has enacted the |
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Compact and been admitted to the Commission in accordance |
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with the provisions herein and Commission Rules. |
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U. "Qualifying License" means a License that is not an |
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Encumbered License issued by a Participating State to |
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practice dentistry or dental hygiene. |
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V. "Remote State" means a Participating State where a |
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Licensee who is not licensed as a Dentist or Dental |
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Hygienist is exercising or seeking to exercise the Compact |
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Privilege. |
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W. "Rule" means a regulation promulgated by an entity that |
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has the force of law. |
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X. "Scope of Practice" means the procedures, actions, and |
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processes a Dentist or Dental Hygienist licensed in a |
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State is permitted to undertake in that State and the |
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circumstances under which the Licensee is permitted to |
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undertake those procedures, actions and processes. Such |
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procedures, actions and processes and the circumstances |
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under which they may be undertaken may be established |
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through means, including, but not limited to, statute, |
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regulations, case law, and other processes available to |
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the State Licensing Authority or other government agency. |
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Y. "Significant Investigative Information" means |
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information, records, and documents received or generated |
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by a State Licensing Authority pursuant to an |
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investigation for which a determination has been made that |
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there is probable cause to believe that the Licensee has |
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violated a statute or regulation that is considered more |
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than a minor infraction for which the State Licensing |
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Authority could pursue Adverse Action against the |
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Licensee. |
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Z. "State" means any state, commonwealth, district, or |
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territory of the United States of America that regulates |
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the practices of dentistry and dental hygiene. |
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AA. "State Licensing Authority" means an agency or other |
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entity of a State that is responsible for the licensing and |
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regulation of Dentists or Dental Hygienists. |
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SECTION 3. STATE PARTICIPATION IN THE COMPACT |
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A. In order to join the Compact and thereafter continue as a |
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Participating State, a State must: |
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1. Enact a compact that is not materially different from the |
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Model Compact as determined in accordance with Commission |
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Rules; |
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2. Participate fully in the Commission's Data System; |
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3. Have a mechanism in place for receiving and investigating |
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complaints about its Licensees and License applicants; |
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4. Notify the Commission, in compliance with the terms of the |
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Compact and Commission Rules, of any Adverse Action or the |
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availability of Significant Investigative Information |
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regarding a Licensee and License applicant; |
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5. Fully implement a Criminal Background Check requirement, |
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within a time frame established by Commission Rule, by |
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receiving the results of a qualifying Criminal Background |
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Check; |
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6. Comply with the Commission Rules applicable to a |
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Participating State; |
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7. Accept the National Board Examinations of the Joint |
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Commission on National Dental Examinations or another |
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examination accepted by Commission Rule as a licensure |
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examination; |
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8. Accept for licensure that applicants for a Dentist License |
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graduate from a predoctoral dental education program |
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accredited by the Commission on Dental Accreditation, or |
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another accrediting agency recognized by the United States |
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Department of Education for the accreditation of dentistry |
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and dental hygiene education programs, leading to the |
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Doctor of Dental Surgery (D.D.S.) or Doctor of Dental |
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Medicine (D.M.D.) degree; |
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9. Accept for licensure that applicants for a Dental |
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Hygienist License graduate from a dental hygiene education |
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program accredited by the Commission on Dental |
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Accreditation or another accrediting agency recognized by |
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the United States Department of Education for the |
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accreditation of dentistry and dental hygiene education |
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programs; |
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10. Require for licensure that applicants successfully |
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complete a Clinical Assessment; |
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11. Have Continuing Professional Development requirements as |
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a condition for License renewal; and |
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12. Pay a participation fee to the Commission as established |
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by Commission Rule. |
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B. Providing alternative pathways for an individual to obtain an |
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unrestricted License does not disqualify a State from |
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participating in the Compact. |
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C. When conducting a Criminal Background Check the State Licensing |
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Authority shall: |
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1. Consider that information in making a licensure decision; |
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2. Maintain documentation of completion of the Criminal |
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Background Check and background check information to the |
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extent allowed by State and federal law; and |
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3. Report to the Commission whether it has completed the |
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Criminal Background Check and whether the individual was |
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granted or denied a License. |
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D. A Licensee of a Participating State who has a Qualifying License |
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in that State and does not hold an Encumbered License in any other |
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Participating State, shall be issued a Compact Privilege in a |
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Remote State in accordance with the terms of the Compact and |
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Commission Rules. If a Remote State has a Jurisprudence |
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Requirement a Compact Privilege will not be issued to the |
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Licensee unless the Licensee has satisfied the Jurisprudence |
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Requirement. |
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SECTION 4. COMPACT PRIVILEGE |
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A. To obtain and exercise the Compact Privilege under the terms and |
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provisions of the Compact, the Licensee shall: |
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1. Have a Qualifying License as a Dentist or Dental Hygienist |
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in a Participating State; |
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2. Be eligible for a Compact Privilege in any Remote State in |
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accordance with D, G and H of this section; |
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3. Submit to an application process whenever the Licensee is |
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seeking a Compact Privilege; |
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4. Pay any applicable Commission and Remote State fees for a |
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Compact Privilege in the Remote State; |
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5. Meet any Jurisprudence Requirement established by a |
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Remote State in which the Licensee is seeking a Compact |
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Privilege; |
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6. Have passed a National Board Examination of the Joint |
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Commission on National Dental Examinations or another |
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examination accepted by Commission Rule; |
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7. For a Dentist, have graduated from a predoctoral dental |
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education program accredited by the Commission on Dental |
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Accreditation, or another accrediting agency recognized |
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by the United States Department of Education for the |
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accreditation of dentistry and dental hygiene education |
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programs, leading to the Doctor of Dental Surgery (D.D.S.) |
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or Doctor of Dental Medicine (D.M.D.) degree; |
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8. For a Dental Hygienist, have graduated from a dental |
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hygiene education program accredited by the Commission on |
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Dental Accreditation or another accrediting agency |
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recognized by the United States Department of Education |
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for the accreditation of dentistry and dental hygiene |
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education programs; |
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9. Have successfully completed a Clinical Assessment for |
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licensure; |
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10. Report to the Commission Adverse Action taken by any |
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non-Participating State when applying for a Compact |
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Privilege and, otherwise, within thirty (30) days from the |
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date the Adverse Action is taken; |
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11. Report to the Commission when applying for a Compact |
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Privilege the address of the Licensee's primary residence |
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and thereafter immediately report to the Commission any |
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change in the address of the Licensee's primary residence; |
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and |
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12. Consent to accept service of process by mail at the |
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Licensee's primary residence on record with the Commission |
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with respect to any action brought against the Licensee by |
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the Commission or a Participating State, and consent to |
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accept service of a subpoena by mail at the Licensee's |
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primary residence on record with the Commission with |
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respect to any action brought or investigation conducted |
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by the Commission or a Participating State. |
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B. The Licensee must comply with the requirements of subsection A |
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of this section to maintain the Compact Privilege in the Remote |
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State. If those requirements are met, the Compact Privilege will |
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continue as long as the Licensee maintains a Qualifying License |
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in the State through which the Licensee applied for the Compact |
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Privilege and pays any applicable Compact Privilege renewal fees. |
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C. A Licensee providing dentistry or dental hygiene in a Remote |
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State under the Compact Privilege shall function within the Scope |
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of Practice authorized by the Remote State for a Dentist or Dental |
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Hygienist licensed in that State. |
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D. A Licensee providing dentistry or dental hygiene pursuant to a |
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Compact Privilege in a Remote State is subject to that State's |
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regulatory authority. A Remote State may, in accordance with due |
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process and that State's laws, by Adverse Action revoke or remove |
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a Licensee's Compact Privilege in the Remote State for a specific |
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period of time and impose fines or take any other necessary |
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actions to protect the health and safety of its citizens. If a |
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Remote State imposes an Adverse Action against a Compact |
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Privilege that limits the Compact Privilege, that Adverse Action |
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applies to all Compact Privileges in all Remote States. A |
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Licensee whose Compact Privilege in a Remote State is removed for |
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a specified period of time is not eligible for a Compact Privilege |
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in any other Remote State until the specific time for removal of |
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the Compact Privilege has passed and all encumbrance requirements |
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are satisfied. |
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E. If a License in a Participating State is an Encumbered License, |
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the Licensee shall lose the Compact Privilege in a Remote State |
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and shall not be eligible for a Compact Privilege in any Remote |
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State until the License is no longer encumbered. |
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F. Once an Encumbered License in a Participating State is restored |
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to good standing, the Licensee must meet the requirements of |
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subsection A of this section to obtain a Compact Privilege in a |
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Remote State. |
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G. If a Licensee's Compact Privilege in a Remote State is removed by |
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the Remote State, the individual shall lose or be ineligible for |
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the Compact Privilege in any Remote State until the following |
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occur: |
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1. The specific period of time for which the Compact |
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Privilege was removed has ended; and |
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2. All conditions for removal of the Compact Privilege have |
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been satisfied. |
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H. Once the requirements of subsection G of this section have been |
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met, the Licensee must meet the requirements in subsection A of |
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this section to obtain a Compact Privilege in a Remote State. |
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SECTION 5. ACTIVE MILITARY MEMBER OR THEIR SPOUSES |
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An Active Military Member and their spouse shall not be required to |
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pay to the Commission for a Compact Privilege the fee otherwise |
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charged by the Commission. If a Remote State chooses to charge a fee |
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for a Compact Privilege, it may choose to charge a reduced fee or no |
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fee to an Active Military Member and their spouse for a Compact |
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Privilege. |
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SECTION 6. ADVERSE ACTIONS |
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A. A Participating State in which a Licensee is licensed shall have |
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exclusive authority to impose Adverse Action against the |
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Qualifying License issued by that Participating State. |
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B. A Participating State may take Adverse Action based on the |
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Significant Investigative Information of a Remote State, so long |
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as the Participating State follows its own procedures for |
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imposing Adverse Action. |
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C. Nothing in this Compact shall override a Participating State's |
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decision that participation in an Alternative Program may be used |
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in lieu of Adverse Action and that such participation shall |
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remain non-public if required by the Participating State's laws. |
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Participating States must require Licensees who enter any |
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Alternative Program in lieu of discipline to agree not to |
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practice pursuant to a Compact Privilege in any other |
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Participating State during the term of the Alternative Program |
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without prior authorization from such other Participating State. |
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D. Any Participating State in which a Licensee is applying to |
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practice or is practicing pursuant to a Compact Privilege may |
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investigate actual or alleged violations of the statutes and |
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regulations authorizing the practice of dentistry or dental |
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hygiene in any other Participating State in which the Dentist or |
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Dental Hygienist holds a License or Compact Privilege. |
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E. A Remote State shall have the authority to: |
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1. Take Adverse Actions as set forth in Section 4.D against a |
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Licensee's Compact Privilege in the State; |
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2. In furtherance of its rights and responsibilities under |
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the Compact and the Commission's Rules issue subpoenas for |
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both hearings and investigations that require the |
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attendance and testimony of witnesses, and the production |
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of evidence. Subpoenas issued by a State Licensing |
|
Authority in a Participating State for the attendance and |
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testimony of witnesses, or the production of evidence from |
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another Participating State, shall be enforced in the |
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latter State by any court of competent jurisdiction, |
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according to the practice and procedure of that court |
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applicable to subpoenas issued in proceedings pending |
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before it. The issuing authority shall pay any witness |
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fees, travel expenses, mileage, and other fees required by |
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the service statutes of the State where the witnesses or |
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evidence are located; and |
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3. If otherwise permitted by State law, recover from the |
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Licensee the costs of investigations and disposition of |
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cases resulting from any Adverse Action taken against that |
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Licensee. |
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F. Joint Investigations |
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1. In addition to the authority granted to a Participating |
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State by its Dentist or Dental Hygienist licensure act or |
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other applicable State law, a Participating State may |
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jointly investigate Licensees with other Participating |
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States. |
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2. Participating States shall share any Significant |
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Investigative Information, litigation, or compliance |
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materials in furtherance of any joint or individual |
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investigation initiated under the Compact. |
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G. Authority to Continue Investigation |
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1. After a Licensee's Compact Privilege in a Remote State is |
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terminated, the Remote State may continue an investigation |
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of the Licensee that began when the Licensee had a Compact |
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Privilege in that Remote State. |
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2. If the investigation yields what would be Significant |
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Investigative Information had the Licensee continued to |
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have a Compact Privilege in that Remote State, the Remote |
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State shall report the presence of such information to the |
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Data System as required by Section 8.B.6 as if it was |
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Significant Investigative Information. |
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SECTION 7. ESTABLISHMENT AND OPERATION OF THE COMMISSION. |
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A. The Compact Participating States hereby create and establish a |
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joint government agency whose membership consists of all |
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Participating States that have enacted the Compact. The |
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Commission is an instrumentality of the Participating States |
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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. |
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B. Participation, Voting, and Meetings |
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1. Each Participating State shall have and be limited to one |
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(1) Commissioner selected by that Participating State's |
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State Licensing Authority or, if the State has more than |
|
one State Licensing Authority, selected collectively by |
|
the State Licensing Authorities. |
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2. The Commissioner shall be a member or designee of such |
|
Authority or Authorities. |
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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. |
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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 |
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policies; |
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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 |
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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. |
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1. On or after the effective date of the Compact, the |
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Commission shall convene and review the enactment of each |
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of the States that enacted the Compact prior to the |
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Commission convening (“Charter Participating States”) to |
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determine if the statute enacted by each such Charter |
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Participating State is materially different than the Model |
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Compact. |
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a. A Charter Participating State whose enactment is |
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found to be materially different from the Model |
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Compact shall be entitled to the default process set |
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forth in Section 10. |
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b. If any Participating State is later found to be in |
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default, or is terminated or withdraws from the |
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Compact, the Commission shall remain in existence and |
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the Compact shall remain in effect even if the number |
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of Participating States should be less than seven (7). |
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2. Participating States enacting the Compact subsequent to |
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the Charter Participating States shall be subject to the |
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process set forth in Section 7.C.23 to determine if their |
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enactments are materially different from the Model Compact |
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and whether they qualify for participation in the Compact. |
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3. All actions taken for the benefit of the Commission or in |
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furtherance of the purposes of the administration of the |
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Compact prior to the effective date of the Compact or the |
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Commission coming into existence shall be considered to be |
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actions of the Commission unless specifically repudiated |
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by the Commission. |
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4. Any State that joins the Compact subsequent to the |
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Commission's initial adoption of the Rules and bylaws |
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shall be subject to the Commission's Rules and bylaws as |
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they exist on the date on which the Compact becomes law in |
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that State. Any Rule that has been previously adopted by |
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the Commission shall have the full force and effect of law |
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on the day the Compact becomes law in that State. |
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B. Any Participating State may withdraw from this Compact by |
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enacting a statute repealing that State's enactment of the |
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Compact. |
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1. A Participating State's withdrawal shall not take effect |
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until one hundred eighty (180) days after enactment of the |
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repealing statute. |
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2. Withdrawal shall not affect the continuing requirement of |
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the withdrawing State's Licensing Authority or |
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Authorities to comply with the investigative and Adverse |
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Action reporting requirements of this Compact prior to the |
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effective date of withdrawal. |
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3. Upon the enactment of a statute withdrawing from this |
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Compact, the State shall immediately provide notice of |
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such withdrawal to all Licensees within that State. |
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Notwithstanding any subsequent statutory enactment to the |
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contrary, such withdrawing State shall continue to |
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recognize all Compact Privileges to practice within that |
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State granted pursuant to this Compact for a minimum of one |
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hundred eighty (180) days after the date of such notice of |
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withdrawal. |
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C. Nothing contained in this Compact shall be construed to |
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invalidate or prevent any licensure agreement or other |
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cooperative arrangement between a Participating State and a |
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non-Participating State that does not conflict with the |
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provisions of this Compact. |
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D. This Compact may be amended by the Participating States. No |
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amendment to this Compact shall become effective and binding upon |
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any Participating State until it is enacted into the laws of all |
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Participating States. |
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SECTION 12. CONSTRUCTION AND SEVERABILITY |
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A. This Compact and the Commission's rulemaking authority shall be |
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liberally construed so as to effectuate the purposes, and the |
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implementation and administration of the Compact. Provisions of |
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the Compact expressly authorizing or requiring the promulgation |
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of Rules shall not be construed to limit the Commission's |
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rulemaking authority solely for those purposes. |
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B. The provisions of this Compact shall be severable and if any |
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phrase, clause, sentence or provision of this Compact is held by a |
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court of competent jurisdiction to be contrary to the |
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constitution of any Participating State, a State seeking |
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participation in the Compact, or of the United States, or the |
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applicability thereof to any government, agency, person or |
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circumstance is held to be unconstitutional by a court of |
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competent jurisdiction, the validity of the remainder of this |
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Compact and the applicability thereof to any other government, |
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agency, person or circumstance shall not be affected thereby. |
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C. Notwithstanding subsection B of this section, the Commission may |
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deny a State's participation in the Compact or, in accordance with |
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the requirements of Section 10.B, terminate a Participating |
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State's participation in the Compact, if it determines that a |
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constitutional requirement of a Participating State is a material |
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departure from the Compact. Otherwise, if this Compact shall be |
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held to be contrary to the constitution of any Participating |
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State, the Compact shall remain in full force and effect as to the |
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remaining Participating States and in full force and effect as to |
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the Participating State affected as to all severable matters. |
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SECTION 13. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS |
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A. Nothing herein shall prevent or inhibit the enforcement of any |
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other law of a Participating State that is not inconsistent with |
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the Compact. |
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B. Any laws, statutes, regulations, or other legal requirements in |
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a Participating State in conflict with the Compact are superseded |
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to the extent of the conflict. |
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C. All permissible agreements between the Commission and the |
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Participating States are binding in accordance with their terms. |
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Sec. 268.002. ADMINISTRATION OF COMPACT. The board is the |
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Dentist and Dental Hygienist Compact administrator for this state. |
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Sec. 268.003. RULES. The board may adopt rules necessary to |
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implement this chapter. |
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SECTION 2. This Act takes effect September 1, 2023. |