88R2812 SCP-D     By: Miles S.B. No. 1978       A BILL TO BE ENTITLED   AN ACT   relating to the Dentist and Dental Hygienist Compact; authorizing   fees.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle D, Title 3, Occupations Code, is   amended by adding Chapter 268 to read as follows:   CHAPTER 268. DENTIST AND DENTAL HYGIENIST COMPACT          Sec. 268.001.  DENTIST AND DENTAL HYGIENIST COMPACT. The   Dentist and Dental Hygienist Compact is enacted and entered into   with all other jurisdictions that legally join in the compact,   which reads as follows:   DENTIST AND DENTAL HYGIENIST COMPACT   SECTION 1. TITLE AND PURPOSE   This statute shall be known and cited as the Dentist and Dental   Hygienist Compact. The purpose of this Compact is to facilitate the   interstate practice of dentistry and dental hygiene with the goal   of improving public access to services and supporting the ability   of Dentists and Dental Hygienists to provide dentistry and dental   hygiene services when relocating in Participating States. The   Compact preserves the regulatory authority of Participating States   to protect public health and safety through their authority to   regulate the practice of dentistry and dental hygiene in their   State by Dentists and Dental Hygienists who practice in their State   pursuant to a Compact Privilege.   SECTION 2. DEFINITIONS   As used in this Compact, and except as otherwise provided, the   following definitions shall apply:          A. "Active-Duty Military" means full-time duty status in the   active uniformed service of the United States, including   members of the National Guard and Reserve on active-duty   orders pursuant to 10 U.S.C. Section 1209 and 1211.          B. "Adverse Action" means disciplinary action or encumbrance   imposed on a license or Compact Privilege by a State   Licensing Authority.          C. "Alternative Program" means a non-disciplinary monitoring   or practice remediation process applicable to a Dentist or   Dental Hygienist approved by the State Licensing Authority   of a Participating State in which the Dentist or Dental   Hygienist is licensed. This includes, but is not limited   to, programs to which Licensees with substance abuse or   addiction issues are referred in lieu of Adverse Action.          D. "Clinical Assessment" means examination or process,   required for licensure as a Dentist or Dental Hygienist as   applicable, that provides evidence of clinical competence   in dentistry or dental hygiene.          E. "Commissioner" means the individual appointed by a   Participating State to serve as the member of the   Commission for that Participating State.          F. "Compact" means this Dentist and Dental Hygienist   Licensing Compact.          G. "Compact Privilege" means the authorization granted by   the Commission to allow a Licensee from a Participating   State to practice as a Dentist or Dental Hygienist in a   Remote State.          H. "Continuing Professional Development" means a   requirement, as a condition of license renewal or the   renewal of a license registration, to provide evidence of   successful participation in, educational or professional   activities relevant to practice or area of work.          I. "Criminal Background Check" means the submission of   fingerprints or other biometric-based information for a   license applicant for the purpose of obtaining that   applicant's criminal history record information, as   defined in 28 C.F.R. § 20.3(d) from the Federal Bureau of   Investigation and the agency responsible for retaining   State criminal records in the State.          J. "Data System" means the Commission's repository of   information about Licensees, including but not limited to   examination, licensure, investigative, Compact Privilege,   Adverse Action, and Alternative Program.          K. "Dental Hygienist" means an individual who is licensed by   a State Licensing Authority to practice dental hygiene.          L. "Dentist" means an individual who is licensed by a State   Licensing Authority to practice dentistry.          M. "Dentist and Dental Hygienist Compact Commission" or   "Commission" means a government agency established by this   Compact comprised of each State that has enacted the   Compact and a national administrative body comprised of a   Commissioner from each State that has enacted the Compact.          N. "Encumbered License" means a license that a State   Licensing Authority has limited in any way other than   through an Alternative Program.          O. "Executive Board" means the Chair, Vice Chair, Secretary   and Treasurer and any other Commissioners as may be   determined by Commission Rule or bylaw.          P. "Jurisprudence Requirement" means the assessment of an   individual's knowledge of the laws and Rules governing the   practice of dentistry or dental hygiene, as applicable, in   a State.          Q. "Licensee" means an individual who currently holds an   authorization from a Participating State, other than a   Compact Privilege, or other privilege, to practice as a   Dentist or Dental Hygienist in that State.          R. "Model Compact" the model for the Interstate Dentist and   Dental Hygienist Compact on file with the Council of State   Governments or other entity as designated by the   Commission.          S. "Participating State" means a State that has enacted the   Compact and been admitted to the Commission in accordance   with the provisions herein and Commission Rules.          T. "Qualifying License" means a license that is not an   Encumbered License issued by a Participating State to   practice dentistry or dental hygiene.          U. "Remote State" means a Participating State where a   Licensee who is not licensed as a Dentist or Dental   Hygienist is exercising or seeking to exercise the Compact   Privilege.          V. "Rule" means a regulation promulgated by an entity that   has the force of law.          W. "Scope of Practice" means the procedures, actions, and   processes a Dentist or Dental Hygienist licensed in a   State is permitted to undertake in that State and the   circumstances under which the Licensee is permitted to   undertake those procedures, actions and processes. Such   procedures, actions and processes and the circumstances   under which they may be undertaken may be established   through means, including, but not limited to, statute,   Rules and regulations, case law, and other processes   available to the State Licensing Authority or other   government agency.          X. "Significant Investigative Information" means   information, records, and documents received or generated   by a State Licensing Authority pursuant to an   investigation for which a determination has been made that   there is probable cause to believe that the Licensee has   violated a statute or regulation that is considered more   than a minor infraction for which the State Licensing   Authority could pursue adverse action against the   Licensee.          Y. "State" means any state, commonwealth, district, or   territory of the United States of America that regulates   the practices of dentistry and dental hygiene.          Z. "State Licensing Authority" means the agency or other   entity of a State that is responsible for the licensing and   regulation of Dentists and Dental Hygienists.   SECTION 3. STATE PARTICIPATION IN THE COMPACT   A. In order to join the Compact and thereafter continue as a   Participating State, a State must:          1. Enact a compact that is not materially different from the   Model Compact as determined in accordance with Commission   Rules;          2. Participate fully in the Commission's Data System;          3. Have a mechanism in place for receiving and investigating   complaints about its Licensees;          4. Notify the Commission, in compliance with the terms of the   Compact and Commission Rules, of any Adverse Action or the   availability of Significant Investigative Information   regarding a Licensee;          5. Fully implement a Criminal Background Check requirement,   within a time frame established by Commission Rule, by   receiving the results of a qualifying Criminal Background   Check;          6. Comply with the Commission Rules applicable to a   Participating State;          7. Utilize the National Board Examinations of the Joint   Commission on National Dental Examinations or another   examination accepted by Commission Rule as a requirement   for licensure;          8. Require for licensure that applicants graduate from a   predoctoral dental education program, leading to the   D.D.S. or D.M.D. degree, or a dental hygiene education   program accredited by the Commission on Dental   Accreditation or another agency permitted by Commission   Rule;          9. Require for licensure that applicants successfully   complete a Clinical Assessment;          10. Have Continuing Professional Development requirements as   a condition for license renewal or renewal of license; and          11. Pay a participation fee to the Commission as established   by Commission Rule.   B. When conducting a Criminal Background Check the State Licensing   Authority shall:          1. Consider that information in making a licensure decision;          2. Maintain documentation of completion of the Criminal   Background Check and background check information to the   extent allowed by State and federal law; and          3. Report to the Commission whether it has completed the   Criminal Background Check and whether the individual was   denied a license.   C. The Commission shall grant a Licensee of a Participating State   who does not hold an Encumbered License in any other   Participating State, the Compact Privilege in a Remote State in   accordance with the terms of the Compact and Commission Rules. If   a Remote State has a Jurisprudence Requirement, the Commission   shall not grant the Licensee the Compact Privilege for that   Remote State unless and until the Commission is informed by the   Remote State or Licensee that the Licensee has satisfied the   Jurisprudence Requirement.   SECTION 4. COMPACT PRIVILEGE   A. To exercise the Compact Privilege under the terms and provisions   of the Compact, the Licensee shall:          1. Have a Qualifying License as a Dentist or Dental Hygienist   in a Participating State.          2. Be eligible for a Compact Privilege in any Remote State in   accordance with D, G and H of this section;          3. Apply to the Commission whenever the Licensee is seeking a   Compact Privilege within one or more Remote States;          4. Pay any applicable Commission and Remote State fees for a   Compact Privilege in the Remote State;          5. Meet any Jurisprudence Requirements established by a   Remote State in which the Licensee is seeking a Compact   Privilege;          6. Have passed a National Board Examination of the Joint   Commission on National Dental Examinations or another   examination accepted by Commission Rule as a requirement   for licensure;          7. Have graduated from a predoctoral dental education   program, leading to the D.D.S. or D.M.D. degree, or a   dental hygiene education program accredited by the   Commission on Dental Accreditation or another agency   permitted by Commission Rule;          8. Have successfully completed a Clinical Assessment for   licensure;          9. Report to the Commission Adverse Action taken by any   non-Participating State when applying for a Compact   Privilege and, otherwise, within thirty (30) days from the   date the Adverse Action is taken;          10. Report to the Commission when applying for a Compact   Privilege the address of the Licensee's primary residence   and thereafter immediately report to the Commission any   change in the address of the Licensee's primary residence;   and          11. Consent to accept service of process by mail at the   Licensee's primary residence on record with the Commission   with respect to any action brought against the Licensee by   the Commission or a Participating State, and consent to   accept service of a subpoena by mail at the Licensee's   primary residence on record with the Commission with   respect to any action brought or investigation conducted   by the Commission or a Participating State.   B. The Licensee must comply with the requirements of subsection A   of this section to maintain the Compact Privilege in the Remote   State. If those requirements are met, the Compact Privilege will   continue as long as the Licensee maintains a Qualifying License   and pays any applicable renewal fees.   C. A Licensee providing dentistry or dental hygiene in a Remote   State under the Compact Privilege shall function within the Scope   of Practice authorized by the Remote State for a Dentist or Dental   Hygienist licensed in that State.   D. A Licensee providing dentistry or dental hygiene pursuant to   Compact Privilege in a Remote State is subject to that State's   regulatory authority. A Remote State may, in accordance with due   process and that State's laws, remove by Adverse Action a   Licensee's Compact Privilege in the Remote State for a specific   period of time, and impose fines or take any other necessary   actions to protect the health and safety of its citizens. If a   Remote State imposes an Adverse Action against a Compact   Privilege that limits the Compact Privilege, that Adverse Action   applies to all Compact Privileges in all Remote States. A   Licensee whose Compact Privilege in a Remote State is removed for   a specified period of time is not eligible for a Compact Privilege   in any other Remote State until the specific time for removal of   the Compact Privilege has passed and all encumbrance requirements   are satisfied.   E. If a license in a Participating State is an Encumbered License,   the Licensee shall lose the Compact Privilege in a Remote State   and shall not be eligible for a Compact Privilege in any Remote   State until the license is no longer encumbered.   F. Once an Encumbered License in a Participating State is restored   to good standing, the Licensee must meet the requirements of   subsection A of this section to obtain a Compact Privilege in a   Remote State.   G. If a Licensee's Compact Privilege in a Remote State is removed by   the Remote State, the individual shall lose or be ineligible for   the Compact Privilege in any Remote State until the following   occur:          1. The specific period of time for which the Compact   Privilege was removed has ended; and          2. All conditions for removal of the Compact Privilege have   been satisfied.   H. Once the requirements of subsection G of this section have been   met, the Licensee must meet the requirements in subsection A of   this section to obtain a Compact Privilege in a Remote State.   SECTION 5. ACTIVE-DUTY MILITARY PERSONNEL OR THEIR SPOUSES   An Active-Duty Military individual and their spouse shall not be   required to pay to the Commission for a Compact Privilege the fee   otherwise charged by the Commission. If a Remote State chooses to   charge a fee for a Compact Privilege, it may choose to charge a   reduced fee or no fee to an Active-Duty Military individual and   their spouse for a Compact Privilege.   SECTION 6. ADVERSE ACTIONS   A. A Participating State in which a Licensee is licensed shall have   exclusive authority to impose Adverse Action against the   Qualifying License issued by that Participating State.   B. A Participating State may take Adverse Action based on the   Significant Investigative Information of a Remote State, so long   as the Participating State follows its own procedures for   imposing Adverse Action.   C. Nothing in this Compact shall override a Participating State's   decision that participation in an Alternative Program may be used   in lieu of Adverse Action and that such participation shall   remain non-public if required by the Participating State's laws.   Participating States must require Licensees who enter any   Alternative Program in lieu of discipline to agree not to   practice in any other Participating State during the term of the   Alternative Program without prior authorization from such other   Participating State.   D. Any Participating State in which a Licensee is applying to   practice or is practicing pursuant to a Compact Privilege may   investigate actual or alleged violations of the statutes and   regulations authorizing the practice of dentistry or dental   hygiene in any other Participating State in which the Dentist or   Dental Hygienist holds a license or Compact Privilege.   E. A Remote State shall have the authority to:          1. Take Adverse Actions as set forth in Section 4.D against a   Licensee's Compact Privilege in the State;          2. Issue subpoenas for both hearings and investigations that   require the attendance and testimony of witnesses, and the   production of evidence. Subpoenas issued by a State   Licensing Authority in a Participating State for the   attendance and testimony of witnesses, or the production   of evidence from another Participating State, shall be   enforced in the latter State by any court of competent   jurisdiction, according to the practice and procedure of   that court applicable to subpoenas issued in proceedings   pending before it. The issuing authority shall pay any   witness fees, travel expenses, mileage, and other fees   required by the service statutes of the State where the   witnesses or evidence are located; and          3. If otherwise permitted by State law, recover from the   Licensee the costs of investigations and disposition of   cases resulting from any Adverse Action taken against that   Licensee.   F. Joint Investigations          1. In addition to the authority granted to a Participating   State by its respective dentist or dental hygienist   licensure act or other applicable State law, a   Participating State may jointly investigate Licensees   with other Participating States.          2. Participating States shall share any Investigative   Information, litigation, or compliance materials in   furtherance of any joint or individual investigation   initiated under the Compact.   G. Authority to Continue Investigation.          1. After a Licensee's Compact Privilege in a Remote State is   terminated, the Remote State may continue an investigation   of the Licensee that began when the Licensee had a Compact   Privilege in that Remote State.          2. If the investigation yields what would be Significant   Investigative Information had the Licensee continued to   have a Compact Privilege in that Remote State, the Remote   State shall report the presence of such Information to the   Data System as required by Section 8.B.6 as if it was   Significant Investigative Information.   SECTION 7. ESTABLISHMENT OF THE COMMISSION.   A. The Compact Participating States hereby create and establish a   joint government agency and national administrative body known as   the Dentist and Dental Hygienist Compact Commission. The   Commission is an instrumentality of the Compact States acting   jointly and not an instrumentality of any one state. The   Commission shall come into existence on or after the effective   date of the Compact as set forth in Section 11.A.   B. Participation, Voting, and Meetings          1. Each Participating State shall have and be limited to one   (1) Commissioner. The Commission may by Rule or bylaw   establish a term of office of a Commissioner or term   limits.          2. The Commissioner shall be a member or designee of the   State Licensing Authority.          3. Any Commissioner may be removed or suspended from serving   as a Commissioner as provided by the law of the State from   which the Commissioner is appointed or the Commission's   Rules or bylaws.          4. The Participating State shall fill a vacancy of its   Commissioner in the Commission within sixty (60) days of   the vacancy.          5. Each Commissioner shall be entitled to one (1) vote with   regard to all matters that are voted upon by the   Commissioners.          6. A Commissioner shall vote in person or by such other means   as provided in the Commission's bylaws. The bylaws may   provide for Commissioner participation in meetings by   telephone or other means of communication.          7. The Commission shall meet at least once during each   calendar year. Additional meetings shall be held as set   forth in the Commission's bylaws.   C. The Commission shall have the following powers and duties:          1. Establish code of conduct and conflict of interest   policies;          2. Establish the fiscal year of the Commission;          3. Establish 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 and the bylaws;          6. Promulgate Commission Rules to facilitate and coordinate   implementation and administration of this Compact. The   Rules shall have the force and effect of law and shall be   binding on all Participating States;          7. Bring and prosecute legal proceedings or actions in the   name of the Commission, provided that the standing of any   State Licensing Authority to sue or be sued under   applicable law shall not be affected;          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. Hire employees and engage contractors, elect 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;          11. Accept and dispose of equipment, supplies, materials and   services, and provide for financing of the Commission and   payments of its debts and expenses, provided that at all   times the Commission shall avoid any appearance of   impropriety and/or conflict of interest;          12. Lease, purchase, accept appropriate gifts or donations   of, or otherwise own, hold, improve or use, any property,   real, personal or mixed; provided that at all times the   Commission shall avoid any appearance of impropriety;          13. Sell convey, mortgage, pledge, lease, exchange, abandon,   or otherwise dispose of any property real, personal, or   mixed;          14. Establish a budget and make expenditures;          15. Borrow money;          16. Appoint committees, including standing committees   composed of Commissioners, State regulators, State   legislators or their representatives, and consumer   representatives, and such other interested persons as may   be designated in this Compact and the Commission's bylaws;          17. Provide and receive information from, and cooperate   with, law enforcement agencies;          18. Elect a Chair, Vice Chair, Secretary and Treasurer and   such other officers of the Commission as provided in the   Commission's bylaws;          19. Reserve for itself, in addition to those reserved   exclusively to the Commission under the Compact, powers   that the Executive Board may not exercise;          20. Approve or disapprove a State's participation in the   Compact based upon its determination as to whether the   State's Compact legislation departs in a material manner   from the model Compact language;          21. In its discretion, establish a period of time a Compact   Privilege shall be in effect without renewal.          22. 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 the 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;          23. 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; 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 a 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.          3. The Commission may convene in a closed, non-public meeting   or non-public part of a public meeting 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, threatened, or reasonably anticipated   litigation;                d. Negotiation of contracts for the purchase, lease, or   sale of goods, services, or real estate;                e. Accusing any person of a crime or formally censuring   any person;                f. Disclosure of trade secrets or commercial or   financial information that is privileged or   confidential;                g. Disclosure of information of a personal nature where   disclosure would constitute a clearly unwarranted   invasion of personal privacy;                h. Disclosure of investigative records compiled for law   enforcement purposes;                i. Disclosure of information related to any   investigative reports prepared by or on behalf of or   for use of the Commission or committee charged with   the responsibility of investigation or determination   of compliance issues pursuant to the Compact;                j. Legal advice;                k. Matters specifically exempted from disclosure by   federal or Participating State law; or                l. Other matters as provided by Commission Rule.          4. If a meeting, or portion of a meeting, is closed pursuant   to subsection D.3 of this section, the presiding officer   shall make an announcement that the meeting or portion of   the meeting shall be closed and shall reference each   relevant exempting provision.          5. 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. 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   by a majority vote of the Commission or order of a court of   competent jurisdiction.   E. The Commission shall prepare and provide to the Participating   States an annual report of its activities.   F. 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 Participating States' annual assessment fees and the   Licensees' Compact Privilege fees and any applicable   renewal fees shall be used to cover the cost of the   operations and activities of the Commission and its staff   and must be in a total amount sufficient to cover its   annual budget as approved each year for which revenue is   not provided by other sources. The aggregate annual   assessment amount for Participating States shall be   allocated based upon a formula to be determined by   Commission 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.   G. 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   and Commission Rules.          2. The Commission may remove any member of the Executive   Board as provided in the Commission's bylaws.          3. The Executive Board shall meet at least annually.          4. The Executive Board shall have the following duties and   responsibilities:                a. Recommend to the Commission changes to the   Commission's Rules or bylaws, changes to this Compact   legislation, fees to be paid by Compact Participating   States such as annual dues, and any Commission Compact   fee charged to Licensees for the Compact Privilege;                b. Ensure Compact administration services are   appropriately provided, contractual or otherwise;                c. Prepare and recommend the budget;                d. Maintain financial records on behalf of the   Commission;                e. Monitor Compact compliance of Participating States   and provide compliance reports to the Commission;                f. Establish additional committees as necessary;                g. Exercise the powers and duties of the Commission   during the interim between Commission meetings,   except for issuing proposed rulemaking or adopting   Commission Rules or bylaws, or exercising any other   powers and duties exclusively reserved to the   Commission by the Commission's Rules; and                h. Other duties as provided in the Commission's Rules or   bylaws.          5. All meeting of the Executive Board at which it votes or   plans to vote on matters in exercising the powers and   duties of the Commission shall be open to the public and   public notice of such meetings shall be given as public   meetings of the Commission are given.          6. The Executive Board may convene in a closed, non-public   meeting for the same reasons that the Commission may   convene in a non-public meeting as set forth in Section 7.D   3 and shall announce the closed meeting as the Commission   is required to under Section 7.D.4 and keep minutes of the   closed meeting as the Commission is required to under   Section 7.D.5.   H. Qualified Immunity, Defense, and Indemnification          1. The Commissioners, officers, employees and   representatives of the Commission shall be immune from   suit and liability, either personally or 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   and/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 Commissioner, officer,   employee, or 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 his or her own   counsel, 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. The Commission shall indemnify and hold harmless any   Commissioner, officer, employee, or representative of the   Commission for the amount of any settlement or judgment   obtained against that person arising out of any actual or   alleged act, error or omission that occurred within the   scope of Commission employment, duties, or   responsibilities, or that such person 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 the intentional or willful or   wanton misconduct of that person.          4. 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 in any proceedings as   authorized by Commission Rules.          5. 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.          6. Nothing herein shall be construed to designate the venue   or jurisdiction to bring actions for alleged acts of   malpractice, professional misconduct, negligence, or   other such civil action pertaining to the practice of   dentistry or dental hygiene. All such matters shall be   determined exclusively by State law other than this   Compact.          7. 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.          8. 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,   Alternative Program and the reporting of the existence of   Significant Investigative Information, on all Licensees 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 license or Compact Privilege and   information related thereto;          4. Alternative Program participation, the beginning and   ending dates of such participation, and other information   related to such participation not made confidential under   Participating State law;          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); and          6. The presence of Significant Investigative Information;   and          7. Other information that may facilitate the administration   of this Compact, as determined by the Rules of the   Commission.   C. Significant Investigative Information pertaining to a Licensee   in any Participating State will only be available to other   Participating States.   D. It is the responsibility of each Participating State to report   any Adverse Action it takes against a license or Compact   Privilege, including upon an applicant for a license, and 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 in any Participating State   will be available to any other Participating State. Participating   States may obtain from the Data System information of any Adverse   Action taken against a Licensee or an individual applying for a   license.   E. Participating States contributing information to the Data   System may, in accordance with a State or federal law so   requiring, designate information that may not be shared with the   public without the express permission of the contributing State.   Notwithstanding any such designation, such information shall be   reported to the Commission through the Data System.   F. 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 upon reporting of such by the   Participating State to the Commission.   G. 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.   SECTION 9. RULEMAKING   A. The Commission shall exercise its rulemaking powers pursuant to   the criteria set forth in this section and the Rules adopted   thereunder. Commission Rules shall become binding as of the date   specified in its adoption of each Rule.   B. No Rule of the Commission shall conflict with the laws of a   Participating State that establishes the Scope of Practice of a   Licensee in that Participating State.   C. The Commission shall promulgate reasonable Rules in order to   effectively and efficiently achieve the purposes 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, or based upon another applicable standard of review,   as determined by a court of competent jurisdiction, the Rules to   which the judicial determination applies shall be invalid and   have no force and effect.   D. If a majority of the legislatures of the Participating States   rejects 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. Commission Rules shall be adopted at a regular or special   meeting of the Commission.   F. Prior to promulgation and adoption of a final Rule or Rules by   the Commission, and at least thirty (30) days in advance of the   meeting at which the Rule will be considered and voted upon, the   Commission shall place a Notice of Proposed Rulemaking on the   website of the Commission or other publicly accessible platform   and provide written Notice of Proposed Rulemaking to the State   Licensing Authority of each Participating State;   G. The Notice of Proposed Rulemaking shall include:          1. The time, date and location of a public hearing on the   proposed rule and the proposed time, date, and location of   the meeting in which the proposed Rule will be considered   and voted upon;          2. The text of the proposed Rule and the reason for the   proposed Rule;          3. A request for comments on the proposed Rule from any   interested person and the date by which written comments   must be received; and          4. The manner in which interested persons may submit notice   to the Commission of their intention to attend the public   hearing or provide any written comments.   H. Prior to adoption of a proposed Rule, the Commission shall allow   persons to submit written data, facts, opinions, and arguments,   which shall be made available to the public.   I. If the hearing is to be held via electronic means, the Commission   shall publish in the Notice of Proposed Rulemaking the mechanism   for access to the electronic hearing.          1. All persons wishing to be heard at the hearing shall as   directed in the notice of the public hearing, not less than   five (5) business days before the scheduled date of the   hearing, notify the Commission of their desire to appear   and testify at the hearing.          2. Hearings shall be conducted in a manner providing each   person who wishes to comment a fair and reasonable   opportunity to comment orally or in writing.          3. All hearings will be recorded. A copy of the recording and   the written Comments, data, facts, opinions, and arguments   received in response to the proposed rulemaking will be   made available to a person upon request.          4. Nothing in this section shall be construed as requiring a   separate hearing on each Rule. Rules may be grouped for the   convenience of the Commission at hearings required by this   section.   J. Following the public hearing the Commission shall consider all   written and oral comments received.   K. The Commission shall, by majority vote of all Commissioners,   take final action on the proposed Commission Rule and shall   determine the effective date of the Rule, if adopted, based on the   rulemaking record and the full text of the Rule.          1. If adopted, the Rule shall be posted on the Commission's   website.          2. The Commission may adopt changes to the proposed Rule   provided the changes do not enlarge the original purpose   of the proposed Rule.          3. The Commission shall provide on its website 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.          4. 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 issuing the notice that   it adopted the Rule.   L. Upon a determination that an emergency exists, the Commission   may consider and adopt an emergency Rule with twenty-four (24)   hours prior notice, without the opportunity for comment, or   hearing, 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 to the Commission as set forth   in the notice of revisions 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.   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. The Commission shall be entitled to receive service of   process in any such proceeding regarding the enforcement   or interpretation of the Compact or the Commission's Rules   and shall have standing to intervene in such a proceeding   for all purposes. Failure to provide the Commission with   service of process shall render a judgment or order in such   proceeding 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 and other Participating States. The   notice shall describe the default, the proposed means of   curing the default and any other action that the   Commission may take, and shall offer remedial training and   specific technical assistance regarding the default.          2. 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 of   the Participating States, and all rights, privileges and   benefits conferred by this Compact upon such State 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.          3. 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   and the majority and minority leaders of the defaulting   State's legislature, and to the State Licensing Authority   of each of the Participating States.          4. 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.          5. 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.          6. The defaulting State may appeal its termination from the   Compact by 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.          7. If a State has been terminated from participation in the   Compact, the State shall immediately provide notice to all   Licensees within that State of such termination:                a. Licensees who have been granted a Compact Privilege   in that State shall retain the Compact Privilege for   one hundred eighty (180) days following the effective   date of such termination.                b. Licensees who are licensed in that State who have   been granted a Compact Privilege in a Participating   State shall retain the Compact Privilege for one   hundred eighty (180) days unless the Licensee also has   a license in a Participating State or obtains a   license in a Participating State before the one   hundred eighty (180)-day period ends, in which case   the Compact Privilege shall continue.   C. 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 and non-Participating States.          2. The Commission shall promulgate a Rule providing for both   mediation and binding dispute resolution for disputes as   appropriate.   D. Enforcement          1. The Commission, in the reasonable exercise of its   discretion, shall enforce the provisions and Rules of this   Compact.          2. If compliance is not secured after all means to secure   compliance have been exhausted, by majority vote, the   Commission may initiate legal action in the United States   District Court for the District of Columbia, or the   federal district where the Commission has its principal   offices, against a Participating State in default to   enforce compliance with the provisions of the Compact and   its promulgated Rules and bylaws. 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.          3. The remedies herein shall not be the exclusive remedies of   the Commission. The Commission may pursue any other   remedies available under applicable federal or State law.   E. Legal Action Against the Commission          1. 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 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.          2. No person other than a Participating State shall 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 tenth Participating   State.          1. On or after the effective date of the Compact, the   Commission shall convene and review the enactment of each   of the first ten Participating States ("Charter   Participating States") to determine if the statute enacted   by each such Charter Participating State is materially   different than the Model Compact.                a. A Charter Participating State whose enactment is   found to be materially different from the Model   Compact shall be entitled to the default process set   forth in Section 10.B.                b. If any Participating State later withdraws from the   Compact or its participation is terminated, the   Commission shall remain in existence and the Compact   shall remain in effect even if the number of   Participating States should be less than ten.   Participating States enacting the Compact subsequent   to the ten initial Charter Participating States shall   be subject to the process set forth in Section 7.C.20   to determine if their enactments are materially   different from the Model Compact and whether they   qualify for participation in the Compact.          2. Participating States enacting the Compact subsequent to   the ten initial Charter Participating States shall be   subject to the process set forth in Section 7.C.20 to   determine if their enactments are materially different   from the Model Compact and whether they qualify for   participation in the Compact.          3. All actions taken for the benefit of the Commission or in   furtherance of the purposes of the administration of the   Compact prior to the effective date of the Compact or the   Commission coming into existence shall be considered to be   actions of the Commission unless specifically repudiated   by the Commission.   B. Any State that joins the Compact subsequent to the Commission's   shall be subject to the Commission's Rules and bylaws as they   exist on the date on which the Compact becomes law in that State.   Any Rule or bylaw that has been previously adopted by the   Commission shall have the full force and effect of law on the day   the Compact becomes law in that State.   C. Any Participating State may withdraw from this Compact by   enacting a statute repealing the same.          1. A Participating State's withdrawal shall not take effect   until one hundred eighty (180) days after enactment of the   repealing statute. During this one hundred eighty (180)   day- period, all Compact Privileges that were in effect in   the withdrawing State and were granted to Licensees   licensed in the withdrawing State shall remain in effect.   If any Licensee licensed in the withdrawing State is also   licensed in another Participating State or obtains a   license in another Participating State within the one   hundred eighty (180) days, the Licensee's Compact   Privileges in other Participating States shall not be   affected by the passage of the 180 days.          2. Withdrawal shall not affect the continuing requirement of   the State Licensing Authority of the withdrawing State to   comply with the investigative, Alternative Program and   Adverse Action reporting requirements of the Compact prior   to the effective date of withdrawal.          3. Upon the enactment of a statute withdrawing from this   compact, a State shall immediately provide notice of such   withdrawal to all Licensees within that State. Such   withdrawing State shall continue to recognize all licenses   granted pursuant to this compact for a minimum of one   hundred eighty (180) days after the date of such notice of   withdrawal.   D. Nothing contained in this Compact shall be construed to   invalidate or prevent any State licensure agreement or other   cooperative arrangement between Participating States and between   a Participating and non-Participating State that does not   conflict with the provisions of this Compact.   E. This Compact may be amended by the Participating States. No   amendment to this Compact shall become effective and binding upon   any Participating State until it is enacted materially in the   same manner into the laws of all Participating States as   determined by the Commission.   SECTION 12. CONSTRUCTION AND SEVERABILITY   A. This Compact and the Commission's rulemaking authority shall be   liberally construed so as to effectuate the purposes, and the   implementation and administration of the Compact. Provisions of   the Compact expressly authorizing or requiring the promulgation   of Rules shall not be construed to limit the Commission's   rulemaking authority solely for those purposes.   B. The provisions of this Compact shall be severable and if any   phrase, clause, sentence or provision of this Compact is held by a   court of competent jurisdiction to be contrary to the   constitution of any Participating State, a State seeking   participation in the Compact, or of the United States, or the   applicability thereof to any government, agency, person or   circumstance is held to be unconstitutional by a court of   competent jurisdiction, the validity of the remainder of this   Compact and the applicability thereof to any other government,   agency, person or circumstance shall not be affected thereby.   C. Notwithstanding subsection B or this section, the Commission may   deny a State's participation in the Compact or, in accordance with   the requirements of Section10.B, terminate a Participating   State's participation in the Compact, if it determines that a   constitutional requirement of a Participating State is, or would   be with respect to a State seeking to participate in the Compact,   a material departure from the Compact. Otherwise, if this Compact   shall be held to be contrary to the constitution of any   Participating State, the Compact shall remain in full force and   effect as to the remaining Participating States and in full force   and effect as to the Participating State affected as to all   severable matters.   SECTION 13. BINDING EFFECT OF COMPACT AND OTHER LAWS   A. Nothing herein shall prevent the enforcement of any other law of   a Participating State that is not inconsistent with the Compact.   B. Any laws of a Participating State in conflict with the Compact   are superseded to the extent of the conflict.   C. All agreements between the Commission and the Participating   States are binding in accordance with their terms.          Sec. 268.002.  ADMINISTRATION OF COMPACT. The board is the   Dentist and Dental Hygienist Compact administrator for this state.          Sec. 268.003.  RULES. The board may adopt rules necessary to   implement this chapter.          SECTION 2.  This Act takes effect September 1, 2023.