88R20489 SCP-D     By: Klick, Garcia H.B. No. 3039       A BILL TO BE ENTITLED   AN ACT   relating to the Dentist and Dental Hygienist Compact; authorizing   fees.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle D, Title 3, Occupations Code, is   amended by adding Chapter 268 to read as follows:   CHAPTER 268. DENTIST AND DENTAL HYGIENIST COMPACT          Sec. 268.001.  DENTIST AND DENTAL HYGIENIST COMPACT. The   Dentist and Dental Hygienist Compact is enacted and entered into   with all other jurisdictions that legally join in the compact,   which reads as follows:   DENTIST AND DENTAL HYGIENIST COMPACT   SECTION 1. TITLE AND PURPOSE   This statute shall be known and cited as the Dentist and Dental   Hygienist Compact. The purposes of this Compact are to facilitate   the interstate practice of dentistry and dental hygiene and improve   public access to dentistry and dental hygiene services by providing   Dentists and Dental Hygienists licensed in a Participating State   the ability to practice in Participating States in which they are   not licensed. The Compact does this by establishing a pathway for a   Dentists and Dental Hygienists licensed in a Participating State to   obtain a Compact Privilege that authorizes them to practice in   another Participating State in which they are not licensed. The   Compact enables Participating States to protect the public health   and safety with respect to the practice of such Dentists and Dental   Hygienists, through the State's authority to regulate the practice   of dentistry and dental hygiene in the State. The Compact:          A. Enables Dentists and Dental Hygienists who qualify for a   Compact Privilege to practice in other Participating   States without satisfying burdensome and duplicative   requirements associated with securing a License to   practice in those States;          B. Promotes mobility and addresses workforce shortages   through each Participating State's acceptance of a Compact   Privilege to practice in that State;          C. Increases public access to qualified, licensed Dentists   and Dental Hygienists by creating a responsible,   streamlined pathway for Licensees to practice in   Participating States.          D. Enhances the ability of Participating States to protect   the public's health and safety;          E. Does not interfere with licensure requirements   established by a Participating State;          F. Facilitates the sharing of licensure and disciplinary   information among Participating States;          G. Requires Dentists and Dental Hygienists who practice in a   Participating State pursuant to a Compact Privilege to   practice within the Scope of Practice authorized in that   State;          H. Extends the authority of a Participating State to regulate   the practice of dentistry and dental hygiene within its   borders to Dentists and Dental Hygienists who practice in   the State through a Compact Privilege;          I. Promotes the cooperation of Participating State in   regulating the practice of dentistry and dental hygiene   within those States;          J. Facilitates the relocation of military members and their   spouses who are licensed to practice dentistry or dental   hygiene;   SECTION 2. DEFINITIONS   As used in this Compact, unless the context requires otherwise, the   following definitions shall apply:          A. "Active Military Member" means any person with full-time   duty status in the armed forces of the United States,   including members of the National Guard and Reserve.          B. "Adverse Action" means disciplinary action or encumbrance   imposed on a License or Compact Privilege by a State   Licensing Authority.          C. "Alternative Program" means a non-disciplinary monitoring   or practice remediation process applicable to a Dentist or   Dental Hygienist approved by a State Licensing Authority   of a Participating State in which the Dentist or Dental   Hygienist is licensed. This includes, but is not limited   to, programs to which Licensees with substance abuse or   addiction issues are referred in lieu of Adverse Action.          D. "Clinical Assessment" means examination or process,   required for licensure as a Dentist or Dental Hygienist as   applicable, that provides evidence of clinical competence   in dentistry or dental hygiene.          E. "Commissioner" means the individual appointed by a   Participating State to serve as the member of the   Commission for that Participating State.          F. "Compact" means this Dentist and Dental Hygienist   Compact.          G. "Compact Privilege" means the authorization granted by a   Remote State to allow a Licensee from a Participating   State to practice as a Dentist or Dental Hygienist in a   Remote State.          H. "Continuing Professional Development" means a   requirement, as a condition of License renewal to provide   evidence of successful participation in educational or   professional activities relevant to practice or area of   work.          I. "Criminal Background Check" means the submission of   fingerprints or other biometric-based information for a   License applicant for the purpose of obtaining that   applicant's criminal history record information, as   defined in 28 C.F.R. § 20.3(d) from the Federal Bureau of   Investigation and the State's criminal history record   repository as defined in 28 C.F.R. § 20.3(f).          J. "Data System" means the Commission's repository of   information about Licensees, including but not limited to   examination, licensure, investigative, Compact Privilege,   Adverse Action, and Alternative Program.          K. "Dental Hygienist" means an individual who is licensed by   a State Licensing Authority to practice dental hygiene.          L. "Dentist" means an individual who is licensed by a State   Licensing Authority to practice dentistry.          M. "Dentist and Dental Hygienist Compact Commission" or   "Commission" means a joint government agency established   by this Compact comprised of each State that has enacted   the Compact and a national administrative body comprised   of a Commissioner from each State that has enacted the   Compact.          N. "Encumbered License" means a License that a State   Licensing Authority has limited in any way other than   through an Alternative Program.          O. "Executive Board" means the Chair, Vice Chair, Secretary   and Treasurer and any other Commissioners as may be   determined by Commission Rule or bylaw.          P. "Jurisprudence Requirement" means the assessment of an   individual's knowledge of the laws and Rules governing the   practice of dentistry or dental hygiene, as applicable, in   a State.          Q. "License” means current authorization by a State, other   than authorization pursuant to a Compact Privilege, or   other privilege, for an individual to practice as a   Dentist or Dental Hygienist in that State.          R. "Licensee" means an individual who holds an unrestricted   License from a Participating State to practice as a   Dentist or Dental Hygienist in that State.          S. "Model Compact" the model for the Dentist and Dental   Hygienist Compact on file with the Council of State   Governments or other entity as designated by the   Commission.          T. "Participating State" means a State that has enacted the   Compact and been admitted to the Commission in accordance   with the provisions herein and Commission Rules.          U. "Qualifying License" means a License that is not an   Encumbered License issued by a Participating State to   practice dentistry or dental hygiene.          V. "Remote State" means a Participating State where a   Licensee who is not licensed as a Dentist or Dental   Hygienist is exercising or seeking to exercise the Compact   Privilege.          W. "Rule" means a regulation promulgated by an entity that   has the force of law.          X. "Scope of Practice" means the procedures, actions, and   processes a Dentist or Dental Hygienist licensed in a   State is permitted to undertake in that State and the   circumstances under which the Licensee is permitted to   undertake those procedures, actions and processes. Such   procedures, actions and processes and the circumstances   under which they may be undertaken may be established   through means, including, but not limited to, statute,   regulations, case law, and other processes available to   the State Licensing Authority or other government agency.          Y. "Significant Investigative Information" means   information, records, and documents received or generated   by a State Licensing Authority pursuant to an   investigation for which a determination has been made that   there is probable cause to believe that the Licensee has   violated a statute or regulation that is considered more   than a minor infraction for which the State Licensing   Authority could pursue Adverse Action against the   Licensee.          Z. "State" means any state, commonwealth, district, or   territory of the United States of America that regulates   the practices of dentistry and dental hygiene.          AA. "State Licensing Authority" means an agency or other   entity of a State that is responsible for the licensing and   regulation of Dentists or Dental Hygienists.   SECTION 3. STATE PARTICIPATION IN THE COMPACT   A. In order to join the Compact and thereafter continue as a   Participating State, a State must:          1. Enact a compact that is not materially different from the   Model Compact as determined in accordance with Commission   Rules;          2. Participate fully in the Commission's Data System;          3. Have a mechanism in place for receiving and investigating   complaints about its Licensees and License applicants;          4. Notify the Commission, in compliance with the terms of the   Compact and Commission Rules, of any Adverse Action or the   availability of Significant Investigative Information   regarding a Licensee and License applicant;          5. Fully implement a Criminal Background Check requirement,   within a time frame established by Commission Rule, by   receiving the results of a qualifying Criminal Background   Check;          6. Comply with the Commission Rules applicable to a   Participating State;          7. Accept the National Board Examinations of the Joint   Commission on National Dental Examinations or another   examination accepted by Commission Rule as a licensure   examination;          8. Accept for licensure that applicants for a Dentist License   graduate from a predoctoral dental education program   accredited by the Commission on Dental Accreditation, or   another accrediting agency recognized by the United States   Department of Education for the accreditation of dentistry   and dental hygiene education programs, leading to the   Doctor of Dental Surgery (D.D.S.) or Doctor of Dental   Medicine (D.M.D.) degree;          9. Accept for licensure that applicants for a Dental   Hygienist License graduate from a dental hygiene education   program accredited by the Commission on Dental   Accreditation or another accrediting agency recognized by   the United States Department of Education for the   accreditation of dentistry and dental hygiene education   programs;          10. Require for licensure that applicants successfully   complete a Clinical Assessment;          11. Have Continuing Professional Development requirements as   a condition for License renewal; and          12. Pay a participation fee to the Commission as established   by Commission Rule.   B. Providing alternative pathways for an individual to obtain an   unrestricted License does not disqualify a State from   participating in the Compact.   C. When conducting a Criminal Background Check the State Licensing   Authority shall:          1. Consider that information in making a licensure decision;          2. Maintain documentation of completion of the Criminal   Background Check and background check information to the   extent allowed by State and federal law; and          3. Report to the Commission whether it has completed the   Criminal Background Check and whether the individual was   granted or denied a License.   D. A Licensee of a Participating State who has a Qualifying License   in that State and does not hold an Encumbered License in any other   Participating State, shall be issued a Compact Privilege in a   Remote State in accordance with the terms of the Compact and   Commission Rules. If a Remote State has a Jurisprudence   Requirement a Compact Privilege will not be issued to the   Licensee unless the Licensee has satisfied the Jurisprudence   Requirement.   SECTION 4. COMPACT PRIVILEGE   A. To obtain and exercise the Compact Privilege under the terms and   provisions of the Compact, the Licensee shall:          1. Have a Qualifying License as a Dentist or Dental Hygienist   in a Participating State;          2. Be eligible for a Compact Privilege in any Remote State in   accordance with D, G and H of this section;          3. Submit to an application process whenever the Licensee is   seeking a Compact Privilege;          4. Pay any applicable Commission and Remote State fees for a   Compact Privilege in the Remote State;          5. Meet any Jurisprudence Requirement established by a   Remote State in which the Licensee is seeking a Compact   Privilege;          6. Have passed a National Board Examination of the Joint   Commission on National Dental Examinations or another   examination accepted by Commission Rule;          7. For a Dentist, have graduated from a predoctoral dental   education program accredited by the Commission on Dental   Accreditation, or another accrediting agency recognized   by the United States Department of Education for the   accreditation of dentistry and dental hygiene education   programs, leading to the Doctor of Dental Surgery (D.D.S.)   or Doctor of Dental Medicine (D.M.D.) degree;          8. For a Dental Hygienist, have graduated from a dental   hygiene education program accredited by the Commission on   Dental Accreditation or another accrediting agency   recognized by the United States Department of Education   for the accreditation of dentistry and dental hygiene   education programs;          9. Have successfully completed a Clinical Assessment for   licensure;          10. Report to the Commission Adverse Action taken by any   non-Participating State when applying for a Compact   Privilege and, otherwise, within thirty (30) days from the   date the Adverse Action is taken;          11. Report to the Commission when applying for a Compact   Privilege the address of the Licensee's primary residence   and thereafter immediately report to the Commission any   change in the address of the Licensee's primary residence;   and          12. Consent to accept service of process by mail at the   Licensee's primary residence on record with the Commission   with respect to any action brought against the Licensee by   the Commission or a Participating State, and consent to   accept service of a subpoena by mail at the Licensee's   primary residence on record with the Commission with   respect to any action brought or investigation conducted   by the Commission or a Participating State.   B. The Licensee must comply with the requirements of subsection A   of this section to maintain the Compact Privilege in the Remote   State. If those requirements are met, the Compact Privilege will   continue as long as the Licensee maintains a Qualifying License   in the State through which the Licensee applied for the Compact   Privilege and pays any applicable Compact Privilege renewal fees.   C. A Licensee providing dentistry or dental hygiene in a Remote   State under the Compact Privilege shall function within the Scope   of Practice authorized by the Remote State for a Dentist or Dental   Hygienist licensed in that State.   D. A Licensee providing dentistry or dental hygiene pursuant to a   Compact Privilege in a Remote State is subject to that State's   regulatory authority. A Remote State may, in accordance with due   process and that State's laws, by Adverse Action revoke or remove   a Licensee's Compact Privilege in the Remote State for a specific   period of time and impose fines or take any other necessary   actions to protect the health and safety of its citizens. If a   Remote State imposes an Adverse Action against a Compact   Privilege that limits the Compact Privilege, that Adverse Action   applies to all Compact Privileges in all Remote States. A   Licensee whose Compact Privilege in a Remote State is removed for   a specified period of time is not eligible for a Compact Privilege   in any other Remote State until the specific time for removal of   the Compact Privilege has passed and all encumbrance requirements   are satisfied.   E. If a License in a Participating State is an Encumbered License,   the Licensee shall lose the Compact Privilege in a Remote State   and shall not be eligible for a Compact Privilege in any Remote   State until the License is no longer encumbered.   F. Once an Encumbered License in a Participating State is restored   to good standing, the Licensee must meet the requirements of   subsection A of this section to obtain a Compact Privilege in a   Remote State.   G. If a Licensee's Compact Privilege in a Remote State is removed by   the Remote State, the individual shall lose or be ineligible for   the Compact Privilege in any Remote State until the following   occur:          1. The specific period of time for which the Compact   Privilege was removed has ended; and          2. All conditions for removal of the Compact Privilege have   been satisfied.   H. Once the requirements of subsection G of this section have been   met, the Licensee must meet the requirements in subsection A of   this section to obtain a Compact Privilege in a Remote State.   SECTION 5. ACTIVE MILITARY MEMBER OR THEIR SPOUSES   An Active Military Member and their spouse shall not be required to   pay to the Commission for a Compact Privilege the fee otherwise   charged by the Commission. If a Remote State chooses to charge a fee   for a Compact Privilege, it may choose to charge a reduced fee or no   fee to an Active Military Member and their spouse for a Compact   Privilege.   SECTION 6. ADVERSE ACTIONS   A. A Participating State in which a Licensee is licensed shall have   exclusive authority to impose Adverse Action against the   Qualifying License issued by that Participating State.   B. A Participating State may take Adverse Action based on the   Significant Investigative Information of a Remote State, so long   as the Participating State follows its own procedures for   imposing Adverse Action.   C. Nothing in this Compact shall override a Participating State's   decision that participation in an Alternative Program may be used   in lieu of Adverse Action and that such participation shall   remain non-public if required by the Participating State's laws.   Participating States must require Licensees who enter any   Alternative Program in lieu of discipline to agree not to   practice pursuant to a Compact Privilege in any other   Participating State during the term of the Alternative Program   without prior authorization from such other Participating State.   D. Any Participating State in which a Licensee is applying to   practice or is practicing pursuant to a Compact Privilege may   investigate actual or alleged violations of the statutes and   regulations authorizing the practice of dentistry or dental   hygiene in any other Participating State in which the Dentist or   Dental Hygienist holds a License or Compact Privilege.   E. A Remote State shall have the authority to:          1. Take Adverse Actions as set forth in Section 4.D against a   Licensee's Compact Privilege in the State;          2. In furtherance of its rights and responsibilities under   the Compact and the Commission's Rules issue subpoenas for   both hearings and investigations that require the   attendance and testimony of witnesses, and the production   of evidence. Subpoenas issued by a State Licensing   Authority in a Participating State for the attendance and   testimony of witnesses, or the production of evidence from   another Participating State, shall be enforced in the   latter State by any court of competent jurisdiction,   according to the practice and procedure of that court   applicable to subpoenas issued in proceedings pending   before it. The issuing authority shall pay any witness   fees, travel expenses, mileage, and other fees required by   the service statutes of the State where the witnesses or   evidence are located; and          3. If otherwise permitted by State law, recover from the   Licensee the costs of investigations and disposition of   cases resulting from any Adverse Action taken against that   Licensee.   F. Joint Investigations          1. In addition to the authority granted to a Participating   State by its Dentist or Dental Hygienist licensure act or   other applicable State law, a Participating State may   jointly investigate Licensees with other Participating   States.          2. Participating States shall share any Significant   Investigative Information, litigation, or compliance   materials in furtherance of any joint or individual   investigation initiated under the Compact.   G. Authority to Continue Investigation          1. After a Licensee's Compact Privilege in a Remote State is   terminated, the Remote State may continue an investigation   of the Licensee that began when the Licensee had a Compact   Privilege in that Remote State.          2. If the investigation yields what would be Significant   Investigative Information had the Licensee continued to   have a Compact Privilege in that Remote State, the Remote   State shall report the presence of such information to the   Data System as required by Section 8.B.6 as if it was   Significant Investigative Information.   SECTION 7. ESTABLISHMENT AND OPERATION OF THE COMMISSION.   A. The Compact Participating States hereby create and establish a   joint government agency whose membership consists of all   Participating States that have enacted the Compact. The   Commission is an instrumentality of the Participating States   acting jointly and not an instrumentality of any one State. The   Commission shall come into existence on or after the effective   date of the Compact as set forth in Section 11A.   B. Participation, Voting, and Meetings          1. Each Participating State shall have and be limited to one   (1) Commissioner selected by that Participating State's   State Licensing Authority or, if the State has more than   one State Licensing Authority, selected collectively by   the State Licensing Authorities.          2. The Commissioner shall be a member or designee of such   Authority or Authorities.          3. The Commission may by Rule or bylaw establish a term of   office for Commissioners and may by Rule or bylaw   establish term limits.          4. The Commission may recommend to a State Licensing   Authority or Authorities, as applicable, removal or   suspension of an individual as the State's Commissioner.          5. A Participating State's State Licensing Authority, or   Authorities, as applicable, shall fill any vacancy of its   Commissioner on the Commission within sixty (60) days of   the vacancy.          6. Each Commissioner shall be entitled to one vote on all   matters that are voted upon by the Commission.          7. The Commission shall meet at least once during each   calendar year. Additional meetings may be held as set   forth in the bylaws. The Commission may meet by   telecommunication, video conference or other similar   electronic means.   C. The Commission shall have the following powers:          1. Establish the fiscal year of the Commission;          2. Establish a code of conduct and conflict of interest   policies;          3. Adopt Rules and bylaws;          4. Maintain its financial records in accordance with the   bylaws;          5. Meet and take such actions as are consistent with the   provisions of this Compact, the Commission's Rules, and   the bylaws;          6. Initiate and conclude legal proceedings or actions in the   name of the Commission, provided that the standing of any   State Licensing Authority to sue or be sued under   applicable law shall not be affected;          7. Maintain and certify records and information provided to a   Participating State as the authenticated business records   of the Commission, and designate a person to do so on the   Commission's behalf;          8. Purchase and maintain insurance and bonds;          9. Borrow, accept, or contract for services of personnel,   including, but not limited to, employees of a   Participating State;          10. Conduct an annual financial review;          11. Hire employees, elect or appoint officers, fix   compensation, define duties, grant such individuals   appropriate authority to carry out the purposes of the   Compact, and establish the Commission's personnel   policies and programs relating to conflicts of interest,   qualifications of personnel, and other related personnel   matters;          12. As set forth in the Commission Rules, charge a fee to a   Licensee for the grant of a Compact Privilege in a Remote   State and thereafter, as may be established by Commission   Rule, charge the Licensee a Compact Privilege renewal fee   for each renewal period in which that Licensee exercises   or intends to exercise the Compact Privilege in that   Remote State. Nothing herein shall be construed to prevent   a Remote State from charging a Licensee a fee for a Compact   Privilege or renewals of a Compact Privilege, or a fee for   the Jurisprudence Requirement if the Remote State imposes   such a requirement for the grant of a Compact Privilege;          13. Accept any and all appropriate gifts, donations, grants   of money, other sources of revenue, equipment, supplies,   materials, and services, and receive, utilize, and dispose   of the same; provided that at all times the Commission   shall avoid any appearance of impropriety and/or conflict   of interest;          14. Lease, purchase, retain, own, hold, improve, or use any   property, real, personal, or mixed, or any undivided   interest therein;          15. Sell, convey, mortgage, pledge, lease, exchange,   abandon, or otherwise dispose of any property real,   personal, or mixed;          16. Establish a budget and make expenditures;          17. Borrow money;          18. Appoint committees, including standing committees, which   may be composed of members, State regulators, State   legislators or their representatives, and consumer   representatives, and such other interested persons as may   be designated in this Compact and the bylaws;          19. Provide and receive information from, and cooperate   with, law enforcement agencies;          20. Elect a Chair, Vice Chair, Secretary and Treasurer and   such other officers of the Commission as provided in the   Commission's bylaws;          21. Establish and elect an Executive Board;          22. Adopt and provide to the Participating States an annual   report;          23. Determine whether a State's enacted compact is   materially different from the Model Compact language such   that the State would not qualify for participation in the   Compact; and          24. Perform such other functions as may be necessary or   appropriate to achieve the purposes of this Compact.   D. Meetings of the Commission          1. All meetings of the Commission that are not closed   pursuant to this subsection shall be open to the public.   Notice of public meetings shall be posted on the   Commission's website at least thirty (30) days prior to   the public meeting.          2. Notwithstanding subsection D.1 of this section, the   Commission may convene an emergency public meeting by   providing at least twenty-four (24) hours prior notice on   the Commission's website, and any other means as provided   in the Commission's Rules, for any of the reasons it may   dispense with notice of proposed rulemaking under Section   9.L. The Commission's legal counsel shall certify that one   of the reasons justifying an emergency public meeting has   been met.          3. Notice of all Commission meetings shall provide the time,   date, and location of the meeting, and if the meeting is to   be held or accessible via telecommunication, video   conference, or other electronic means, the notice shall   include the mechanism for access to the meeting through   such means.          4. The Commission may convene in a closed, non-public meeting   for the Commission to receive legal advice or to discuss:                a. Non-compliance of a Participating State with its   obligations under the Compact;                b. The employment, compensation, discipline or other   matters, practices or procedures related to specific   employees or other matters related to the   Commission's internal personnel practices and   procedures;                c. Current or threatened discipline of a Licensee or   Compact Privilege holder by the Commission or by a   Participating State's Licensing Authority;                d. Current, threatened, or reasonably anticipated   litigation;                e. Negotiation of contracts for the purchase, lease, or   sale of goods, services, or real estate;                f. Accusing any person of a crime or formally censuring   any person;                g. Trade secrets or commercial or financial information   that is privileged or confidential;                h. Information of a personal nature where disclosure   would constitute a clearly unwarranted invasion of   personal privacy;                i. Investigative records compiled for law enforcement   purposes;                j. Information related to any investigative reports   prepared by or on behalf of or for use of the   Commission or other committee charged with   responsibility of investigation or determination of   compliance issues pursuant to the Compact;                k. Legal advice;                l. Matters specifically exempted from disclosure to the   public by federal or Participating State law; and                m. Other matters as promulgated by the Commission by   Rule.          5. If a meeting, or portion of a meeting, is closed, the   presiding officer shall state that the meeting will be   closed and reference each relevant exempting provision,   and such reference shall be recorded in the minutes.          6. The Commission shall keep minutes that fully and clearly   describe all matters discussed in a meeting and shall   provide a full and accurate summary of actions taken, and   the reasons therefore, including a description of the   views expressed. All documents considered in connection   with an action shall be identified in such minutes. All   minutes and documents of a closed meeting shall remain   under seal, subject to release only by a majority vote of   the Commission or order of a court of competent   jurisdiction.   E. Financing of the Commission          1. The Commission shall pay, or provide for the payment of,   the reasonable expenses of its establishment,   organization, and ongoing activities.          2. The Commission may accept any and all appropriate sources   of revenue, donations, and grants of money, equipment,   supplies, materials, and services.          3. The Commission may levy on and collect an annual   assessment from each Participating State and impose fees   on Licensees of Participating States when a Compact   Privilege is granted, to cover the cost of the operations   and activities of the Commission and its staff, which must   be in a total amount sufficient to cover its annual budget   as approved each fiscal year for which sufficient revenue   is not provided by other sources. The aggregate annual   assessment amount for Participating States shall be   allocated based upon a formula that the Commission shall   promulgate by Rule.          4. The Commission shall not incur obligations of any kind   prior to securing the funds adequate to meet the same; nor   shall the Commission pledge the credit of any   Participating State, except by and with the authority of   the Participating State.          5. The Commission shall keep accurate accounts of all   receipts and disbursements. The receipts and   disbursements of the Commission shall be subject to the   financial review and accounting procedures established   under its bylaws. All receipts and disbursements of funds   handled by the Commission shall be subject to an annual   financial review by a certified or licensed public   accountant, and the report of the financial review shall   be included in and become part of the annual report of the   Commission.   F. The Executive Board          1. The Executive Board shall have the power to act on behalf   of the Commission according to the terms of this Compact.   The powers, duties, and responsibilities of the Executive   Board shall include:                a. Overseeing the day-to-day activities of the   administration of the Compact including compliance   with the provisions of the Compact, the Commission's   Rules and bylaws;                b. Recommending to the Commission changes to the Rules   or bylaws, changes to this Compact legislation, fees   charged to Compact Participating States, fees charged   to Licensees, and other fees;                c. Ensuring Compact administration services are   appropriately provided, including by contract;                d. Preparing and recommending the budget;                e. Maintaining financial records on behalf of the   Commission;                f. Monitoring Compact compliance of Participating   States and providing compliance reports to the   Commission;                g. Establishing additional committees as necessary;                h. Exercising the powers and duties of the Commission   during the interim between Commission meetings,   except for adopting or amending Rules, adopting or   amending bylaws, and exercising any other powers and   duties expressly reserved to the Commission by Rule or   bylaw; and                i. Other duties as provided in the Rules or bylaws of   the Commission.          2. The Executive Board shall be composed of up to seven (7)   members:                a. The Chair, Vice Chair, Secretary and Treasurer of   the Commission and any other members of the Commission   who serve on the Executive Board shall be voting   members of the Executive Board; and                b. Other than the Chair, Vice Chair, Secretary, and   Treasurer, the Commission may elect up to three (3)   voting members from the current membership of the   Commission.          3. The Commission may remove any member of the Executive   Board as provided in the Commission's bylaws.          4. The Executive Board shall meet at least annually.                a. An Executive Board meeting at which it takes or   intends to take formal action on a matter shall be   open to the public, except that the Executive Board   may meet in a closed, non-public session of a public   meeting when dealing with any of the matters covered   under subsection D.4.                b. The Executive Board shall give five (5) business   days' notice of its public meetings, posted on its   website and as it may otherwise determine to provide   notice to persons with an interest in the public   matters the Executive Board intends to address at   those meetings.          5. The Executive Board may hold an emergency meeting when   acting for the Commission to:                a. Meet an imminent threat to public health, safety, or   welfare;                b. Prevent a loss of Commission or Participating State   funds; or                c. Protect public health and safety.   G. Qualified Immunity, Defense, and Indemnification          1. The members, officers, executive director, employees and   representatives of the Commission shall be immune from   suit and liability, both personally and in their official   capacity, for any claim for damage to or loss of property   or personal injury or other civil liability caused by or   arising out of any actual or alleged act, error, or   omission that occurred, or that the person against whom   the claim is made had a reasonable basis for believing   occurred within the scope of Commission employment, duties   or responsibilities; provided that nothing in this   paragraph shall be construed to protect any such person   from suit or liability for any damage, loss, injury, or   liability caused by the intentional or willful or wanton   misconduct of that person. The procurement of insurance of   any type by the Commission shall not in any way compromise   or limit the immunity granted hereunder.          2. The Commission shall defend any member, officer,   executive director, employee, and representative of the   Commission in any civil action seeking to impose liability   arising out of any actual or alleged act, error, or   omission that occurred within the scope of Commission   employment, duties, or responsibilities, or as determined   by the Commission that the person against whom the claim is   made had a reasonable basis for believing occurred within   the scope of Commission employment, duties, or   responsibilities; provided that nothing herein shall be   construed to prohibit that person from retaining their own   counsel at their own expense; and provided further, that   the actual or alleged act, error, or omission did not   result from that person's intentional or willful or wanton   misconduct.          3. Notwithstanding subsection G.1 of this section, should   any member, officer, executive director, employee, or   representative of the Commission be held liable for the   amount of any settlement or judgment arising out of any   actual or alleged act, error, or omission that occurred   within the scope of that individual's employment, duties,   or responsibilities for the Commission, or that the person   to whom that individual is liable had a reasonable basis   for believing occurred within the scope of the   individual's employment, duties, or responsibilities for   the Commission, the Commission shall indemnify and hold   harmless such individual, provided that the actual or   alleged act, error, or omission did not result from the   intentional or willful or wanton misconduct of the   individual.          4. Nothing herein shall be construed as a limitation on the   liability of any Licensee for professional malpractice or   misconduct, which shall be governed solely by any other   applicable State laws.          5. Nothing in this Compact shall be interpreted to waive or   otherwise abrogate a Participating State's state action   immunity or state action affirmative defense with respect   to antitrust claims under the Sherman Act, Clayton Act, or   any other State or federal antitrust or anticompetitive   law or regulation.          6. Nothing in this Compact shall be construed to be a waiver   of sovereign immunity by the Participating States or by   the Commission.   SECTION 8. DATA SYSTEM   A. The Commission shall provide for the development, maintenance,   operation, and utilization of a coordinated database and   reporting system containing licensure, Adverse Action, and the   presence of Significant Investigative Information on all   Licensees and applicants for a License in Participating States.   B. Notwithstanding any other provision of State law to the   contrary, a Participating State shall submit a uniform data set   to the Data System on all individuals to whom this Compact is   applicable as required by the Rules of the Commission, including:          1. Identifying information;          2. Licensure data;          3. Adverse Actions against a Licensee, License applicant or   Compact Privilege and information related thereto;          4. Non-confidential information related to Alternative   Program participation, the beginning and ending dates of   such participation, and other information related to such   participation;          5. Any denial of an application for licensure, and the   reason(s) for such denial, (excluding the reporting of any   criminal history record information where prohibited by   law);          6. The presence of Significant Investigative Information;   and          7. Other information that may facilitate the administration   of this Compact or the protection of the public, as   determined by the Rules of the Commission.   C. The records and information provided to a Participating State   pursuant to this Compact or through the Data System, when   certified by the Commission or an agent thereof, shall constitute   the authenticated business records of the Commission, and shall   be entitled to any associated hearsay exception in any relevant   judicial, quasi-judicial or administrative proceedings in a   Participating State.   D. Significant Investigative Information pertaining to a Licensee   in any Participating State will only be available to other   Participating States.   E. It is the responsibility of the Participating States to monitor   the database to determine whether Adverse Action has been taken   against a Licensee or License applicant. Adverse Action   information pertaining to a Licensee or License applicant in any   Participating State will be available to any other Participating   State.   F. Participating States contributing information to the Data   System may designate information that may not be shared with the   public without the express permission of the contributing State.   G. Any information submitted to the Data System that is   subsequently expunged pursuant to federal law or the laws of the   Participating State contributing the information shall be   removed from the Data System.   SECTION 9. RULEMAKING   A. The Commission shall promulgate reasonable Rules in order to   effectively and efficiently implement and administer the   purposes and provisions of the Compact. A Commission Rule shall   be invalid and have no force or effect only if a court of   competent jurisdiction holds that the Rule is invalid because the   Commission exercised its rulemaking authority in a manner that is   beyond the scope and purposes of the Compact, or the powers   granted hereunder, or based upon another applicable standard of   review.   B. The Rules of the Commission shall have the force of law in each   Participating State, provided however that where the Rules of the   Commission conflict with the laws of the Participating State that   establish the Participating State's Scope of Practice as held by a   court of competent jurisdiction, the Rules of the Commission   shall be ineffective in that State to the extent of the conflict.   C. The Commission shall exercise its Rulemaking powers pursuant to   the criteria set forth in this section and the Rules adopted   thereunder. Rules shall become binding as of the date specified   by the Commission for each Rule.   D. If a majority of the legislatures of the Participating States   rejects a Commission Rule or portion of a Commission Rule, by   enactment of a statute or resolution in the same manner used to   adopt the Compact, within four (4) years of the date of adoption   of the Rule, then such Rule shall have no further force and effect   in any Participating State or to any State applying to   participate in the Compact.   E. Rules shall be adopted at a regular or special meeting of the   Commission.   F. Prior to adoption of a proposed Rule, the Commission shall hold a   public hearing and allow persons to provide oral and written   comments, data, facts, opinions, and arguments.   G. Prior to adoption of a proposed Rule by the Commission, and at   least thirty (30) days in advance of the meeting at which the   Commission will hold a public hearing on the proposed Rule, the   Commission shall provide a Notice of Proposed Rulemaking:          1. On the website of the Commission or other publicly   accessible platform;          2. To persons who have requested notice of the Commission's   notices of proposed rulemaking, and          3. In such other way(s) as the Commission may by Rule   specify.   H. The Notice of Proposed Rulemaking shall include:          1. The time, date, and location of the public hearing at   which the Commission will hear public comments on the   proposed Rule and, if different, the time, date, and   location of the meeting where the Commission will consider   and vote on the proposed Rule;          2. If the hearing is held via telecommunication, video   conference, or other electronic means, the Commission   shall include the mechanism for access to the hearing in   the Notice of Proposed Rulemaking;          3. The text of the proposed Rule and the reason therefor;          4. A request for comments on the proposed Rule from any   interested person; and          5. The manner in which interested persons may submit written   comments.   I. All hearings will be recorded. A copy of the recording and all   written comments and documents received by the Commission in   response to the proposed Rule shall be available to the public.   J. Nothing in this section shall be construed as requiring a   separate hearing on each Commission Rule. Rules may be grouped   for the convenience of the Commission at hearings required by   this section.   K. The Commission shall, by majority vote of all Commissioners,   take final action on the proposed Rule based on the rulemaking   record.          1. The Commission may adopt changes to the proposed Rule   provided the changes do not enlarge the original purpose   of the proposed Rule.          2. The Commission shall provide an explanation of the reasons   for substantive changes made to the proposed Rule as well   as reasons for substantive changes not made that were   recommended by commenters.          3. The Commission shall determine a reasonable effective   date for the Rule. Except for an emergency as provided in   subsection L, the effective date of the Rule shall be no   sooner than thirty (30) days after the Commission issuing   the notice that it adopted or amended the Rule.   L. Upon determination that an emergency exists, the Commission may   consider and adopt an emergency Rule with 24 hours' notice, with   opportunity to comment, provided that the usual rulemaking   procedures provided in the Compact and in this section shall be   retroactively applied to the Rule as soon as reasonably possible,   in no event later than ninety (90) days after the effective date   of the Rule. For the purposes of this provision, an emergency Rule   is one that must be adopted immediately in order to:          1. Meet an imminent threat to public health, safety, or   welfare;          2. Prevent a loss of Commission or Participating State funds;          3. Meet a deadline for the promulgation of a Rule that is   established by federal law or rule; or          4. Protect public health and safety.   M. The Commission or an authorized committee of the Commission may   direct revisions to a previously adopted Rule for purposes of   correcting typographical errors, errors in format, errors in   consistency, or grammatical errors. Public notice of any   revisions shall be posted on the website of the Commission. The   revision shall be subject to challenge by any person for a period   of thirty (30) days after posting. The revision may be challenged   only on grounds that the revision results in a material change to   a Rule. A challenge shall be made in writing and delivered to the   Commission prior to the end of the notice period. If no challenge   is made, the revision will take effect without further action. If   the revision is challenged, the revision may not take effect   without the approval of the Commission.   N. No Participating State's rulemaking requirements shall apply   under this Compact   SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT   A. Oversight          1. The executive and judicial branches of State government in   each Participating State shall enforce this Compact and   take all actions necessary and appropriate to implement   the Compact.          2. Venue is proper and judicial proceedings by or against the   Commission shall be brought solely and exclusively in a   court of competent jurisdiction where the principal office   of the Commission is located. The Commission may waive   venue and jurisdictional defenses to the extent it adopts   or consents to participate in alternative dispute   resolution proceedings. Nothing herein shall affect or   limit the selection or propriety of venue in any action   against a Licensee for professional malpractice,   misconduct or any such similar matter.          3. The Commission shall be entitled to receive service of   process in any proceeding regarding the enforcement or   interpretation of the Compact or Commission Rule and shall   have standing to intervene in such a proceeding for all   purposes. Failure to provide the Commission service of   process shall render a judgment or order void as to the   Commission, this Compact, or promulgated Rules.   B. Default, Technical Assistance, and Termination          1. If the Commission determines that a Participating State   has defaulted in the performance of its obligations or   responsibilities under this Compact or the promulgated   Rules, the Commission shall provide written notice to the   defaulting State. The notice of default shall describe the   default, the proposed means of curing the default, and any   other action that the Commission may take, and shall offer   training and specific technical assistance regarding the   default.          2. The Commission shall provide a copy of the notice of   default to the other Participating States.   C. If a State in default fails to cure the default, the defaulting   State may be terminated from the Compact upon an affirmative vote   of a majority of the Commissioners, and all rights, privileges   and benefits conferred on that State by this Compact may be   terminated on the effective date of termination. A cure of the   default does not relieve the offending State of obligations or   liabilities incurred during the period of default.   D. Termination of participation in the Compact shall be imposed   only after all other means of securing compliance have been   exhausted. Notice of intent to suspend or terminate shall be   given by the Commission to the governor, the majority and   minority leaders of the defaulting State's legislature, the   defaulting State's State Licensing Authority or Authorities, as   applicable, and each of the Participating States' State Licensing   Authority or Authorities, as applicable.   E. A State that has been terminated is responsible for all   assessments, obligations, and liabilities incurred through the   effective date of termination, including obligations that extend   beyond the effective date of termination.   F. Upon the termination of a State's participation in this Compact,   that State shall immediately provide notice to all Licensees of   the State, including Licensees of other Participating States   issued a Compact Privilege to practice within that State, of such   termination. The terminated State shall continue to recognize all   Compact Privileges then in effect in that State for a minimum of   one hundred eighty (180) days after the date of said notice of   termination.   G. The Commission shall not bear any costs related to a State that   is found to be in default or that has been terminated from the   Compact, unless agreed upon in writing between the Commission and   the defaulting State.   H. The defaulting State may appeal the action of the Commission by   petitioning the U.S. District Court for the District of Columbia   or the federal district where the Commission has its principal   offices. The prevailing party shall be awarded all costs of such   litigation, including reasonable attorney's fees.   I. Dispute Resolution          1. Upon request by a Participating State, the Commission   shall attempt to resolve disputes related to the Compact   that arise among Participating States and between   Participating States and non-Participating States.          2. The Commission shall promulgate a Rule providing for both   mediation and binding dispute resolution for disputes as   appropriate.   J. Enforcement          1. The Commission, in the reasonable exercise of its   discretion, shall enforce the provisions of this Compact   and the Commission's Rules.          2. By majority vote, the Commission may initiate legal action   against a Participating State in default in the United   States District Court for the District of Columbia or the   federal district where the Commission has its principal   offices to enforce compliance with the provisions of the   Compact and its promulgated Rules. The relief sought may   include both injunctive relief and damages. In the event   judicial enforcement is necessary, the prevailing party   shall be awarded all costs of such litigation, including   reasonable attorney's fees. The remedies herein shall not   be the exclusive remedies of the Commission. The   Commission may pursue any other remedies available under   federal or the defaulting Participating State's law.          3. A Participating State may initiate legal action against   the Commission in the U.S. District Court for the District   of Columbia or the federal district where the Commission   has its principal offices to enforce compliance with the   provisions of the Compact and its promulgated Rules. The   relief sought may include both injunctive relief and   damages. In the event judicial enforcement is necessary,   the prevailing party shall be awarded all costs of such   litigation, including reasonable attorney's fees.          4. No individual or entity other than a Participating State   may enforce this Compact against the Commission.   SECTION 11. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT   A. The Compact shall come into effect on the date on which the   Compact statute is enacted into law in the seventh Participating   State.          1. On or after the effective date of the Compact, the   Commission shall convene and review the enactment of each   of the States that enacted the Compact prior to the   Commission convening (“Charter Participating States”) to   determine if the statute enacted by each such Charter   Participating State is materially different than the Model   Compact.                a. A Charter Participating State whose enactment is   found to be materially different from the Model   Compact shall be entitled to the default process set   forth in Section 10.                b. If any Participating State is later found to be in   default, or is terminated or withdraws from the   Compact, the Commission shall remain in existence and   the Compact shall remain in effect even if the number   of Participating States should be less than seven (7).          2. Participating States enacting the Compact subsequent to   the Charter Participating States shall be subject to the   process set forth in Section 7.C.23 to determine if their   enactments are materially different from the Model Compact   and whether they qualify for participation in the Compact.          3. All actions taken for the benefit of the Commission or in   furtherance of the purposes of the administration of the   Compact prior to the effective date of the Compact or the   Commission coming into existence shall be considered to be   actions of the Commission unless specifically repudiated   by the Commission.          4. Any State that joins the Compact subsequent to the   Commission's initial adoption of the Rules and bylaws   shall be subject to the Commission's Rules and bylaws as   they exist on the date on which the Compact becomes law in   that State. Any Rule that has been previously adopted by   the Commission shall have the full force and effect of law   on the day the Compact becomes law in that State.   B. Any Participating State may withdraw from this Compact by   enacting a statute repealing that State's enactment of the   Compact.          1. A Participating State's withdrawal shall not take effect   until one hundred eighty (180) days after enactment of the   repealing statute.          2. Withdrawal shall not affect the continuing requirement of   the withdrawing State's Licensing Authority or   Authorities to comply with the investigative and Adverse   Action reporting requirements of this Compact prior to the   effective date of withdrawal.          3. Upon the enactment of a statute withdrawing from this   Compact, the State shall immediately provide notice of   such withdrawal to all Licensees within that State.   Notwithstanding any subsequent statutory enactment to the   contrary, such withdrawing State shall continue to   recognize all Compact Privileges to practice within that   State granted pursuant to this Compact for a minimum of one   hundred eighty (180) days after the date of such notice of   withdrawal.   C. Nothing contained in this Compact shall be construed to   invalidate or prevent any licensure agreement or other   cooperative arrangement between a Participating State and a   non-Participating State that does not conflict with the   provisions of this Compact.   D. This Compact may be amended by the Participating States. No   amendment to this Compact shall become effective and binding upon   any Participating State until it is enacted into the laws of all   Participating States.   SECTION 12. CONSTRUCTION AND SEVERABILITY   A. This Compact and the Commission's rulemaking authority shall be   liberally construed so as to effectuate the purposes, and the   implementation and administration of the Compact. Provisions of   the Compact expressly authorizing or requiring the promulgation   of Rules shall not be construed to limit the Commission's   rulemaking authority solely for those purposes.   B. The provisions of this Compact shall be severable and if any   phrase, clause, sentence or provision of this Compact is held by a   court of competent jurisdiction to be contrary to the   constitution of any Participating State, a State seeking   participation in the Compact, or of the United States, or the   applicability thereof to any government, agency, person or   circumstance is held to be unconstitutional by a court of   competent jurisdiction, the validity of the remainder of this   Compact and the applicability thereof to any other government,   agency, person or circumstance shall not be affected thereby.   C. Notwithstanding subsection B of this section, the Commission may   deny a State's participation in the Compact or, in accordance with   the requirements of Section 10.B, terminate a Participating   State's participation in the Compact, if it determines that a   constitutional requirement of a Participating State is a material   departure from the Compact. Otherwise, if this Compact shall be   held to be contrary to the constitution of any Participating   State, the Compact shall remain in full force and effect as to the   remaining Participating States and in full force and effect as to   the Participating State affected as to all severable matters.   SECTION 13. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS   A. Nothing herein shall prevent or inhibit the enforcement of any   other law of a Participating State that is not inconsistent with   the Compact.   B. Any laws, statutes, regulations, or other legal requirements in   a Participating State in conflict with the Compact are superseded   to the extent of the conflict.   C. All permissible agreements between the Commission and the   Participating States are binding in accordance with their terms.          Sec. 268.002.  ADMINISTRATION OF COMPACT. The board is the   Dentist and Dental Hygienist Compact administrator for this state.          Sec. 268.003.  RULES. The board may adopt rules necessary to   implement this chapter.          SECTION 2.  This Act takes effect September 1, 2023.