Harless Dental Compact Bill Lets Multistate Commission Write Texas Rules

The text as introduced · 6,215 words

89R2094 SCP-F

By: Harless
H.B. No. 1799

A BILL TO BE ENTITLED

AN ACT

relating to the Interstate Dental and Dental Hygiene Licensure

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. INTERSTATE DENTAL AND DENTAL HYGIENE LICENSURE

COMPACT

Sec. 268.001. INTERSTATE DENTAL AND DENTAL HYGIENE

LICENSURE COMPACT. The Interstate Dental and Dental Hygiene

Licensure Compact is enacted and entered into with all other

jurisdictions that legally join in the compact, which reads as

follows:

INTERSTATE DENTAL AND DENTAL HYGIENE LICENSURE COMPACT

The Interstate Dental and Dental Hygiene Licensure Compact is

hereby enacted into law and the Governor shall enter into a Compact

on behalf of the State of Texas with any jurisdiction legally joined

therein, in the form substantially as set forth in this Act.

Section 1. PURPOSE.

This Compact shall be known as the Interstate Dental and Dental

Hygiene Licensure Compact and the purpose of the Compact is to

expedite licensure and increase access to dental health care

through licensure boards acting in cooperation. The Compact adopts

the existing structures most utilized by Dental Boards across the

United States, while ensuring the safety of the public through the

sharing of documents and information. This Compact ensures that

each state retains the right to impose an adverse action on a

licensee as a home state or as a practicing state. Each state has an

opportunity to share investigations and information with the home

state of licensure. The Compact is operated by state dental board

members, administrators and other staff, thus allowing for each

state to maintain its sovereignty.

The Compact:

(a) Allows for expedited licensure portability and ease of

movement of licensees between states;

(b) Allows each state to continue to regulate the practice

of dentistry and dental hygiene within its borders;

(c) Creates a common goal of protecting the public by

ensuring a uniform licensure standard and sharing of information in

the Compact;

(d) Allows for licensure in every participating state by

requiring passage of the uniform licensure examination that

assesses psychomotor and cognitive dental skills and is currently

accepted in fifty state (50) licensing jurisdictions and United

States territories;

(e) Gives licensees one (1) location to maintain

professional documentation to expedite license transfers in

states, hospitals or institutional credentialing;

(f) Facilitates a faster licensure process for relocation

or separation of military members and their dependent spouses;

there are no Compact fees for military members or their spouses;

(g) Alleviates a duplicative process for licensure among

multiple states; and

(h) Saves applicants money by not having to obtain duplicate

documents from a source that charges for the documents.

Section 2. DEFINITIONS

(a) "AADB" means the American Association of Dental Boards

(AADB) or its named successor, formerly known as the American

Association of Dental Examiners (AADE), originally chartered on

September 10th, 1896 and renewed in 1944, comprised of State Dental

Boards in the United States and its territories;

(b) "Attorneys' Committee" means the committee of attorneys

who currently represent a Member State Dental Board. The Attorneys'

Committee shall participate in the Commission as a non-voting

member. An attorney that has previously served as an attorney for a

Member State Dental Board may be invited on a year-to-year basis to

serve on the Attorneys' Committee if they have not engaged in an

official case against a State Dental Board or have any no other

conflict of interest. The Attorneys' Committee may assist the

investigators in working through joint investigation issues

between states;

(c) "Active-duty military person or spouse" means a

Licensee in full-time active-duty status in the active uniformed

services of the United States, including members of the National

Guard and Reserves. The legal spouse of the military member must be

recognized by the military unit as a dependent while the service

member is on active duty. Spouses shall receive the same privileges

as military members for the purpose of this Compact;

(d) "Active Investigation" means an active investigation

resulting in formal allegations or charges precipitating a judicial

process by a State Dental Board, oversight agency, or other law

enforcement entity;

(e) "Adverse Action" means an order issued by a State Dental

Board or reported to the clearinghouse pursuant to the Commission's

Bylaws and rules that disciplines a Licensee. Adverse Action

includes, and is not limited to, the suspension, limiting, or

revocation of a License or Compact License Privilege; the

imposition of fees and sanctions; and any temporary emergency order

that may be later withdrawn by a Board;

(f) "ADEX examination" means the initial licensure

examinations developed by the American Board of Dental Examiners,

Inc. or its successor;

(g) "Bylaws" means the bylaws passed by the Commission or

its named successor commission;

(h) "Clearinghouse" means the clearinghouse and databank

that houses prior Adverse Action documentations, orders and denials

of licensure or permits from State Dental Boards that is

administered by the AADB or its successor;

(i) "CODA" means the Commission on Dental Accreditation or

its successor as approved by the United States Department of

Education;

(j) "Commission" means the Interstate Dental and Dental

Hygiene Compact Licensure Commission created pursuant to Section 3

of this Act.

(k) "Commissioners" means the two (2) members chosen by each

Member State Dental Board to serve as the voting members of the

Commission;

(l) "Compact" means the Interstate Dental and Dental

Hygiene Licensure Compact created pursuant to Section 3 of this

Act;

(m) "Compact License Privilege" means the expedited dental

or dental hygiene license to practice in a Member State that is not

the Licensee's Home State;

(n) "Conviction" means an adjudication or formal judgment

by a court that an individual is guilty through a plea of guilty or

no contest, or a finding of guilt by the court. Evidence of a

conviction of a criminal offense by the court shall be considered

final for the purposes of considering or imposing disciplinary

action by a Member State Dental Board;

(o) "Criminal background check" means a criminal background

check using the results of fingerprint or other biometric data

checks compliant with the requirements of the Federal Bureau of

Investigation, with the exception of federal employees who have

suitability determination in accordance with 5 C.F.R. 731.202;

(p) "Dental hygienist" means any person who:

1. Has successfully graduated from a CODA-approved

dental hygiene school;

2. Has successfully passed the ADEX dental hygiene

licensure examination; or has been in practice 5 years or more and

has successfully passed a Regional Board Examination or equivalent

state-administered psychomotor licensure examination prior to

January 1, 2024;

3. Has successfully passed the written national dental

hygiene board examination administered by the Joint Commission on

National Dental Examinations;

4. Possesses a full and unrestricted dental hygiene

license issued by a Member State;

5. Has never been convicted or received adjudication,

deferred adjudication, community supervision or deferred

disposition for any offense by a court of appropriate jurisdiction;

6. Has never been a subject of discipline by a

Licensing Agency through any Adverse Action, order, or other

restriction of the Licensee by a Licensing Agency, with the

exception of failure to pay fees or failure to complete continuing

education;

7. Is not currently under Active Investigation by a

Licensing Agency or law enforcement authority in any state, federal

or foreign jurisdiction; and

8. Meets any jurisprudence requirement established by

a Member State Dental Board of a Member State in which a Licensee is

seeking a Compact License Privilege.

(q) "Dental Practice Act" means the laws and regulations

governing the practice of dentistry within a Member State;

(r) "Dentist" means any person who:

1. Has successfully graduated from a CODA-approved

dental school;

2. Has successfully passed the ADEX dental licensure

exam; or has been in practice 5 years or more and has successfully

passed a Regional Board Examination or equivalent

state-administered psychomotor licensure examination prior to

January 1, 2024;

3. Has successfully passed the written National Dental

Board Exam administered by the Joint Commission on National Dental

Examinations;

4. Possesses a full and unrestricted dental license

issued by a Member State Dental Board;

5. Has never been convicted or received adjudication,

deferred adjudication, community supervision, or deferred

disposition for any offense by a court of appropriate jurisdiction;

6. Has never been a subject of discipline by a

Licensing Agency through any Adverse Action, order, or other

restriction of the Licensee by a Licensing Agency, with the

exception of failure to pay fees or failure to complete continuing

education;

7. Has never had a state or federal drug registration,

permit, or license restricted, suspended, or revoked by the United

States Drug Enforcement Administration or any Licensing Agency that

oversees scheduled drug registrations;

8. Is not currently under Active Investigation by a

Licensing Agency or law enforcement authority in any state, federal

or foreign jurisdiction; and

9. Meets any jurisprudence requirement established by

a Member State Dental Board in which a Licensee is seeking a Compact

License Privilege;

(s) "Home State" means the state of primary licensure of a

Licensee;

(t) "License" means the authorization by a Licensing

Authority for a dentist or dental hygienist to engage in the

unrestricted practice of dentistry or dental hygiene, which would

be unlawful without such license;

(u) "Licensee" means a Dentist or Dental Hygienist who holds

an unrestricted License to practice as a dentists or dental

hygienist.

(v) "Licensing Agency" means the agency or other entity of a

State that is responsible for the licensing of Dentists and Dental

Hygienists. If a Member State Dental Board has such responsibility,

it shall be deemed a Licensing Agency.

(w) "Member State Dental Board" means a state agency in a

Member State that protects the public through licensure,

regulation, and the education of dentist and dental hygienists, as

directed by the state law. All actions taken by a Member State

Dental Board shall be under the authority of the laws its State and

any other rights conferred under this Compact;

(x) "Member State" means a state or United States territory

that has enacted the Compact;

(y) "Regional Board Examination" means initial licensure

examinations administered by the Western Regional Examining Board

(WREB), the North East Regional Board of Dental Examiners (NERB),

the Commission on Dental Competency Assessments (CDCA), Council of

Interstate Testing Agencies (CITA), Southern Regional Testing

Agency (SRTA), or Central Regional Dental Testing Services (CRDTS)

that assess psychomotor skills;

(z) "Repository" means the repository of original documents

of a Licensee that may include original transcripts, certification

documents, test scores, military training records, previous or

current licensing documents and other sources of materials needed

for applications and verification administered by the AADB or its

successor. The Repository shall receive documents from primary or

originating sources and/or verify their authenticity;

(aa) "Scope of practice" means the dental-related

procedures that require a License, permit, or training, to

undertake the treatment and procedure to be completed on a patient

within the Member State's requirements;

(bb) "State" means a state within the United States or a

United States Territory; and

(cc) "State jurisprudence" means the knowledge of a Member

State's laws and rules of dentistry and dental hygiene.

Section 3. COMPACT AND COMMISSION

a) The Member States hereby create the Interstate Dental and

Dental Hygiene Licensure Compact and the Commission. Each State

must enact a compact that is not materially different from this

Compact, as determined by the Commission.

b) Each Member State Dental Board shall have two (2) voting

members who shall serve as Commissioners. Each Commissioner shall

have one (1) vote. Member States with separate dental and dental

hygiene Licensing Agencies shall appoint one (1) Commissioner from

each licensing agency. One Commissioner shall be a current member

of a Member State Dental Board. Commissioners may not delegate

votes or vote by proxy, however, if a Commissioner is unable to

attend, the Member State may substitute a Commissioner who meets

the same requirements.

c) Upon five (5) states joining the Compact, the Compact

shall become active. The Commission shall adopt Bylaws upon

becoming active.

d) The Commission shall meet at least once per calendar year

(the "Annual Meeting") and at additional times as necessary

pursuant to the Bylaws and rules.

e) At each Annual Meeting, the Commission shall elect a

Chair, Vice Chair, Secretary, and Treasurer from the membership of

the Commission (the "Officers.") The Officers shall be members of

the Commission's Executive Committee (the "Executive Committee.")

The Commission shall also elect representatives from four (4)

regional districts established by the Commission to serve on the

Executive Committee. All Officers and Executive Committee

representatives shall serve one (1)-year terms.

f) Quorum for purposes of conducting business shall be a

majority of Commissioners attending in person or virtually.

g) The Commission shall provide notice of all meetings on

its website and in other communications to Member State Dental

Boards.

h) A vote of two-thirds (2/3) of the Commissioners present

shall be required for an executive session to discuss:

1) Items specifically related to participation in a

lawsuit or in anticipation of a legal proceeding;

2) Matters specifically exempted from disclosure by

federal statute;

3) Information or matters involving law enforcement

agencies or information that accuses a person of a crime or a public

censure;

4) Discussions that would include information of a

personal nature that would constitute an unwarranted invasion of

personal privacy;

5) Anything considered internal practices and

procedures or a trade secret;

6) Other items described in the Commission Bylaws

allowing for executive sessions to be called; or

7) Advice of Legal Counsel.

i) The Commission shall keep minutes and make them available

to all Member States.

j) The Commission may establish other committees as needed.

k) The Commission shall prepare an annual report that shall

be made available to the legislatures and governors of the Member

States. The annual report shall describe the activities of the

Commission during the preceding calendar year. Such reports shall

also include reports of the annual financial audit and any actions

taken by or rules that were adopted by the Commission.

Section 4. DUTIES OF COMPACT MEMBER STATES

a) Member States shall submit to the Clearinghouse all

Member State Dental Board actions and other documents and data as

determined by the Commission;

b) Member States shall notify the Commission of any Adverse

Action taken by the Member State Dental Board, any Active

Investigation by the Member State Dental Board, any Active

Investigation involving pending criminal charges, or other

circumstance as determined by the Commission;

c) Any Adverse Action, order, restriction or denial of a

license or permit on a Licensee or Compact License Privilege holder

shall be reported to the Clearinghouse by the Member State Dental

Board;

d) Member State Dental Boards may submit to the

Clearinghouse nonpublic complaints, or disciplinary or

investigatory information not required by Section 4(c). All

investigatory material shall be considered confidential and not

part of a public record unless otherwise specifically required by

state statute;

e) Accept continuing education credits as required by each

state;

f) Documents in the Repository shall be treated by a Member

State as the equivalent of a primary or original source document for

licensure;

g) Member States shall accept a standardized application

for a Compact License Privilege. The standardized application shall

be established by the rules enacted by the Commission;

h) Member States may agree to share information regarding

ongoing investigations and actions, including joint investigations

between states. All investigatory material shall be considered

confidential and not part of a public record unless otherwise

specifically required by state statute; and

i) As part of the Compact enforcement, participating Member

States may issue subpoenas and seek testimony of witnesses, which

subpoenas shall be enforced in other Member States and enforced by a

court of competent jurisdiction where the witnesses or evidence is

located.

Section 5. POWERS AND DUTIES OF THE COMMISSION

a) The Commission shall have the duty and power to:

1) Oversee and maintain the administration of the

Compact, including the organizational needs, the financial

activities, the hiring of personnel and ongoing activities or needs

of the Commission;

2) Promulgate Bylaws and rules to operate the Compact

and the Commission;

3) Establish a budget and make expenditures;

4) Have an annual financial audit performed by an

independent certified public accounting firm;

5) Issue, upon the request of a Member State Dental

Board, advisory opinions concerning the meaning or interpretation

of the Compact and its Bylaws, rules, and actions;

6) Enforce compliance with Compact provisions, the

rules promulgated by the Commission, and the Bylaws, using all

necessary and proper means, including but not limited to the use of

judicial process;

7) Hold an Annual Meeting for the Commission where the

elections of the Executive Committee and other issues may be

discussed and voted on;

8) Establish personnel policies and programs relating

to conflicts of interest, and the rates of compensation and

qualifications of personnel;

9) Accept donations and grants of money, equipment,

supplies, materials and services, and to receive, utilize and

dispose of them in a manner consistent with the

conflict-of-interest policies established by the Commission;

10) Report annually to the legislatures and governors

of the Member State Dental Boards concerning the activities of the

Commission during the preceding calendar year. Such reports shall

also include reports of annual financial audits, all actions of the

Commission, rules adopted by the Commission, and any

recommendations by the Commission; and

11) Coordinate education, training and public

awareness regarding the Compact, its implementation, and its

operation.

b) The Executive Committee shall have the power to act on

behalf of the Commission, with the exception of rulemaking, during

periods when the Commission is not in session. When acting on behalf

of the Commission, the Executive Committee shall oversee the

administration of the Compact, including enforcement and

compliance of the Compact.

c) The officers and employees of the Commission shall be

immune from suit and liability, either personally or in their

official capacity, for a claim for damage to or loss of property or

personal injury or other civil liability caused or arising out of,

or relating to, an actual or alleged act, error or omission that

occurred, or that such person had a reasonable basis for believing

occurred, within the scope of Commission employment, duties or

responsibilities; provided, that such person shall not be protected

from suit or liability for damage, loss, injury or liability caused

by the intentional or willful and wanton misconduct of such person.

d) The liability of the executive director and employees of

the Commission or representatives of the Commission, acting within

the scope of such person's employment or duties for acts, errors or

omissions occurring within such person's state may not exceed the

limits of liability set forth under the constitution and laws of

that state for state officials, employees and agents. The

Commission shall be considered to be an instrumentality of the

states for the purposes of any such action. Nothing in this

subsection shall be construed to protect such person from suit or

liability for damage, loss, injury or liability caused by the

intentional or willful and wanton misconduct of such person.

e) The Commission shall defend the Commission's executive

director, its employees, and, subject to the approval of the

attorney general or other appropriate legal counsel of the Member

State represented by an Commission representative, shall defend

such Commission representative in any civil action seeking to

impose liability arising out of an actual or alleged act, error or

omission that occurred within the scope of Commission employment,

duties or responsibilities, or that the defendant had a reasonable

basis for believing occurred within the scope of Commission

employment, duties or responsibilities, provided that the actual or

alleged act, error or omission did not result from intentional or

willful and wanton misconduct on the part of such person.

f) To the extent not covered by the state involved, Member

State, or the Commission, the representatives or employees of the

Commission shall be held harmless in the amount of a settlement or

judgment, including attorney fees and costs, obtained against such

persons arising out of an actual or alleged act, error or omission

that occurred within the scope of Commission employment, duties or

responsibilities, or that such persons had a reasonable basis for

believing occurred within the scope of Commission employment,

duties or responsibilities, provided that the actual or alleged

act, error or omission did not result from intentional or willful

and wanton misconduct on the part of such persons.

Section 6. APPLICATION, ELIGIBILITY, AND ISSUANCE OF COMPACT

LICENSE PRIVILEGE TO A MEMBER STATE.

a) A dentist or dental hygienist applying for Compact

License Privileges shall meet the requirements of a Dentist as

listed in Section (2)(r) of this Compact or a Dental Hygienist as

listed in Section (2)(p) of this Compact and hold a current License

in a Member State under this Compact.

b) Each Dentist or Dental Hygienist shall designate a Home

State of licensure. The Home State shall be determined by:

1) The State of primary residence for the Dentist or

Dental Hygienist, where twenty-five percent (25%) of their practice

within one year occurs. An active-duty military member or their

spouse may choose a Home State as designated with the military but

are not required to meet the requirement of twenty-five percent

(25%) practice being within their Home State; or

2) If no State qualifies under Section 6(b)(1), then

the State where the Dentist or Dental Hygienist filed the previous

year's federal tax return.

c) A Dentist or Dental Hygienist may redesignate a Home

State no more than one time in a calendar year if the qualifications

of a Home State are met.

d) A Dentist or Dental hygienist seeking a Compact License

Privilege (the "Applicant") shall apply to their Home State Dental

Board for a letter stating that the Applicant is eligible for

Compact License Privileges.

e) The Home State Dental Board shall determine the

eligibility of an application for a Compact License Privilege and

shall issue a letter of approval or denial of the application for a

Compact License Privilege.

f) The letter from the Applicant's Home State Dental Board

approving the application shall be submitted to the Member State

Dental Board for the Member State in which the Applicant proposes to

practice, and shall include: (i) the Compact application packet;

(ii) authorization to seek access to the Applicant's Repository

documents; (iii) any additional information that may be required by

the proposed Compact License Privilege state; and (iv) any required

fees. The Member State Dental Board shall review the application to

confirm compliance with the Member State's laws and regulations.

Following such review, if the Member State Dental Board approves

the application, it shall issue a Compact License Privilege from

the proposed Member State to the Applicant.

g) Appeals of a denial of a Compact License Privilege

application shall be filed with the Member State Dental Board

making such determination, and shall be filed within thirty (30)

dates of the date of the denial.

h) A Licensee holding a Compact License Privilege shall

notify the Commission within ten (10) business days of any Adverse

Action taken against a License held in a state that is not a Member

State.

i) A Compact License Privilege may be revoked, suspended or

limited by the issuing Member State Dental Board if at any time the

Licensee's Home State license is revoked, suspended or limited.

j) The Commission shall issue rules on the duration of a

Compact License Privilege, the application and renewal process for

a Compact License Privilege, and any application fees.

k) Eligibility or ineligibility to receive a Compact

License Privilege shall not limit the ability of a Licensee to seek

a state license through the regular process outside of the Compact.

7. JURISDICTION OVER COMPACT LICENSE PRIVILEGE HOLDERS

a) Each Licensee holding a Compact License Privilege shall

be subject to and comply with the laws and regulations of the Member

State in which such Licensee practices under a Compact License

Privilege.

b) Each Licensee holding a Compact License Privilege shall

be subject to the jurisdiction and authority of the Member State

Dental Board of the state in which such Licensee practices, as if

they held a license issued from such Member State Dental Board. Such

Compact License Privilege holder shall be deemed a "Licensee" of

the Member State Dental Board for purposes of such board taking an

Adverse Action.

c) Each Licensee holding a Compact License Privilege shall

list a current address with the Commission that shall serve as their

official address of service.

d) A Licensee holding a Compact License Privilege may have

an Adverse Action taken against them by:

1) The Member State Dental Board of the Member State in

which they are practicing with a Compact License Privilege;

2) The Licensee's Home State; or

3) The State Licensing Authority of a State that is not

a Member State from which the Licensee holds a License.

e) A Home State may take an Adverse Action against the

holder of a Compact License Privilege, regardless of where the

actions giving rise to the Adverse Action occurred.

f) Any Member State in which the Compact Licensee holds a

Compact License Privilege may investigate an allegation of a

violation of the laws and rules of the practice of dentistry or

dental hygiene in any other State where the Compact Licensee holds a

Compact License Privilege.

Section 8. FEES AND MILITARY WAIVER

a) The Commission shall issue rules regarding the use of the

Repository by each holder of a Compact License Privilege.

b) A Member State Dental Board issuing a Compact License

Privilege authorizing practice in its State may impose a fee for a

Compact License Privilege, for ether initial issuance or any

renewal.

c) No Compact fee shall be required of any active-duty

military member and/or their spouse up to one (1) year after

separation. Each Member State issuing a Compact License Privilege

may waive fees for active-duty military and/or their spouse as

required by each individual state statute.

d) Active-duty military may transfer military training

records to the Repository without a fee.

Section 9. JOINT INVESTIGATIONS AND DISCIPLINARY ACTIONS

a) Each Member State shall name a point of contact for joint

investigations between Member State Dental Boards.

b) Member State Dental Boards may participate with other

Member State Dental Boards in joint investigations of Licensees

that are subject to this Compact.

c) Member State Dental Boards may share investigative,

litigation or other materials in furtherance of any joint or

individual investigation of a Compact License Privilege holder.

d) A subpoena issued by a Member State or Member State

Dental Board shall be enforceable in other Member States as allowed

by law.

e) If a Compact License Privilege holder has an Adverse

Action taken by any Member State Dental Board against the Compact

License Privilege holder, the Compact License Privilege holder,

Licensee shall automatically be subject to discipline by other

Member State Dental Boards.

f) If a Compact License Privilege holder has an Adverse

Action taken against their Home State license, including being

revoked, surrendered, or relinquished in lieu of discipline or

suspended, then automatically all other Compact License Privileges

shall be placed in the same status. The Home State Dental Board

shall notify the Commission and the Commission shall issue a notice

to all Member State Dental Boards of such Adverse Action.

g) If discipline or an Adverse Action is taken against a

Compact License Privilege holder in a Member State, the Member

State Board shall notify the Commission and the Home State of the

Compact License Privilege holder. The Home State may deem the

action conclusive as a matter of law and fact decided and may:

1) Impose the same or lesser sanction consistent with

the Home State's laws; or

2) Pursue separate actions against the Compact License

Privilege holder under its laws, regardless of the sanctions

pursued by the Member State Dental Board.

Section 10. OTHER REQUESTS FOR INFORMATION FROM THE REPOSITORY AND

THE CLEARINGHOUSE

a) Insurance companies and entities verifying documents for

the purpose of licenses extended to a Dentist or Dental Hygienist

may seek information from the Clearinghouse for public record

documents;

b) A Dentist or Dental Hygienist may submit a request to the

Commission to allow any hiring employer, entity, or insurance

company to access documents from the Repository for the purposes of

credentialing, licensing or other privileges;

c) The Commission shall set a fee schedule for these

services.

Section 11. RULEMAKING FUNCTIONS OF THE COMMISSION

a) The Commission shall promulgate reasonable rules in

order to effectively and efficiently implement and achieve the

purposes and administration of the Compact. Notwithstanding the

foregoing, in the event the Commission exercises its rulemaking

authority in a manner that is beyond the scope of the purposes of

the Compact or the powers granted hereunder, then such an action by

the Commission may be determined to be invalid and have no force or

effect.

b) Rules issued by the Commission shall have the force of

law in each Member State.

c) Rules deemed appropriate for the operations of the

Commission shall be made pursuant to a rulemaking process that

substantially conforms to the Model State Administrative Procedure

Act of 2010, and subsequent amendments thereto.

Section 12. OVERSIGHT OF THE COMPACT

a) The executive, legislative, and judicial branches of

state government in each Member State shall enforce the Compact and

shall take all actions necessary and appropriate to effectuate the

Compact's purposes and intent to allow for expedited licensure for

the purpose of mobility. The provisions of the Compact and the rules

promulgated hereunder shall have standing as statutory law but

shall not override existing state authority to regulate the

practice of dentistry and dental hygiene.

b) All courts may take judicial notice of the Compact and

the rules in any judicial or administrative proceeding in a Member

State pertaining to the subject matter of the Compact which may

affect the powers, responsibilities or actions of the Commission.

c) The Commission shall be entitled to receive all service

of process in any such proceeding and shall have standing to

intervene in the proceeding for all purposes. Failure to provide

service of process to the Commission shall render a judgment or

order void as to the Commission, the Compact or promulgated rules.

Section 13. ENFORCEMENT AND DEFAULT PROCEDURES

a) The Commission, in the reasonable exercise of its

discretion, shall enforce the provisions and rules of the Compact.

b) The grounds for default under this Compact by a Member

State include, but are not limited to, failure of a Member State to

perform such obligations or responsibilities imposed upon it by the

Compact or by the rules and Bylaws of the Commission promulgated

under the Compact.

c) If the Commission determines that a Member State has

defaulted in the performance of its obligations or responsibilities

under the Compact, or the Bylaws or promulgated rules, the

Commission shall:

1) provide written notice to the defaulting state and

other Member States of the nature of the default, the means of

curing the default and any action taken by the Commission. The

Commission shall specify the conditions by which the defaulting

state must cure its default; and

2) provide remedial training and specific technical

assistance regarding the default.

d) If the defaulting state fails to cure the default, the

defaulting state shall be terminated from the Compact upon an

affirmative vote of a majority of the Commissioners and all rights,

privileges and benefits conferred by the Compact shall terminate 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 the default.

e) Termination of membership in the Compact shall be imposed

only after all other means of securing compliance have been

exhausted. Notice of intent to terminate shall be given by the

Commission to the Governor, the majority and minority leaders of

the defaulting state's legislature and each of the Member States.

f) The Commission shall establish rules and procedures to

address licenses and Compact License Privilege holders that are

materially impacted by the termination of a Member State or the

withdrawal of a Member State.

g) The Commission shall not bear any costs relating to any

state that has been found to be in default or which has been

terminated from the Compact, unless otherwise mutually 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 federal district where the Commission

has its principal offices. The prevailing party shall be awarded

all costs of such litigation, including reasonable attorney fees.

i) The Commission shall not bear any costs relating to any

state that has been found to be in default or which has been

terminated from the Compact, unless otherwise mutually agreed upon

in writing between the Commission and the defaulting state.

j) The remedies herein shall not be the exclusive remedies

of the Commission. The Commission may avail itself of any other

remedies available under state law or the regulation of a

profession.

Section 14. DISPUTE RESOLUTION

a) The Commission shall attempt, upon the request of a

Member State Dental Board, to resolve disputes which are subject to

the Compact and which may arise among Member State Dental Boards.

b) The Commission shall promulgate rules providing for both

mediation and binding dispute resolution, as appropriate.

Section 15. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT

a) Any state is eligible to become a Member State of the

Compact.

b) The Compact shall become effective and binding upon

legislative enactment of the Compact into law by no less than five

(5) states. Thereafter, it shall become effective and binding on a

state upon enactment of the Compact into law by that State.

c) The governors of non-member states, or their designees,

shall be invited to participate in the activities of the Commission

on a nonvoting basis prior to adoption of the Compact by all States.

d) The Commission may propose amendments to the Compact for

enactment by the Member States. No amendment shall become effective

and binding upon the Commission and the Member States unless and

until it is enacted into law by unanimous consent of the Member

States.

Section 16. WITHDRAWAL

a) Once effective, the Compact shall continue in force and

remain binding upon each and every Member State; provided, however,

that a Member State may withdraw from the Compact after giving

appropriate notice by specifically repealing the statute which

enacted the Compact into law.

b) The Licensee's Compact License Privilege shall remain in

effect for six (6) months from the date of the Member State Dental

Board withdrawal.

c) The withdrawing State shall immediately notify the

chairperson of the Commission in writing upon the introduction of

legislation repealing the Compact by the withdrawing state.

d) The Commission shall notify the other Member States of

the withdrawing State's intention to withdraw within sixty (60)

days of its receipt of notice provided under Section 16(c) of this

section.

e) Reinstatement following withdrawal of a Member State

shall occur upon the withdrawing state reenacting the Compact or

upon such later date as determined by the Commission.

f) The Commission shall issue rules to address the impact of

the withdrawal of a Member State on Licenses granted by other

Member States to dentists and dental hygienists who designated the

withdrawing Member State as their Home State.

Section 17. DISSOLUTION

a) The Compact shall dissolve effective upon the date of the

withdrawal or default of the Member State which reduces the

membership in the Compact to one (1) Member State.

b) Upon the dissolution of the Compact, the Compact shall

become null and void and shall be of no further force or effect, and

the business and affairs of the Commission shall be concluded and

surplus funds shall be distributed in accordance with the Bylaws.

Section 18. SEVERABILITY AND CONSTRUCTION

a) The provisions of the Compact shall be severable, and if

any phrase, clause, sentence or provision is deemed unenforceable,

the remaining provisions of the Compact shall be enforceable.

b) The provisions of the Compact shall be liberally

construed to effectuate its purposes.

Section 19. BINDING EFFECT OF COMPACT AND OTHER LAWS

a) Nothing herein prevents the enforcement of any other law

of a Member State that is not inconsistent with the Compact.

b) All lawful actions of the Commission, including all rules

and Bylaws promulgated by the Commission, shall be binding upon the

Member States.

c) All agreements between the Commission and the Member

States shall beare binding in accordance with their terms.

d) In the event any provision of the Compact exceeds the

constitutional limits imposed on the legislature of any Member

State, such provision shall be ineffective to the extent of the

conflict with the constitutional provision in question in that

Member State.

Section 20. RULES OF ORDER

The most current edition of the American Institute of

Parliamentarians Standard Code of Parliamentary Procedure shall shall

all meetings of the Commission, including its committees, in those

situations not otherwise covered in the Bylaws.

Sec. 268.002. ADMINISTRATION OF COMPACT. The board is the

Interstate Dental and Dental Hygiene Licensure 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, 2025.