HF 3001

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/04/2024 04:29pm

A bill for an act
relating to health occupations; creating a dentist and dental hygienist compact;
proposing coding for new law in Minnesota Statutes, chapter 150A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [150A.051] DENTIST AND DENTAL HYGIENIST COMPACT.
new text end

new text begin The dentist and dental hygienist compact is enacted into law and entered into with all
other jurisdictions legally joining in the compact in the form substantially specified in this
section.
new text end

new text begin ARTICLE 1. TITLE AND PURPOSE
new text end

new text begin 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:
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new text begin (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;
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new text begin (B) promotes mobility and addresses workforce shortages through each participating
state's acceptance of a compact privilege to practice in that state;
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new text begin (C) increases public access to qualified, licensed dentists and dental hygienists by creating
a responsible, streamlined pathway for licensees to practice in participating states;
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new text begin (D) enhances the ability of participating states to protect the public's health and safety;
new text end

new text begin (E) does not interfere with licensure requirements established by a participating state;
new text end

new text begin (F) facilitates the sharing of licensure and disciplinary information among participating
states;
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new text begin (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;
new text end

new text begin (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;
new text end

new text begin (I) promotes the cooperation of participating states in regulating the practice of dentistry
and dental hygiene within those states; and
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new text begin (J) facilitates the relocation of military members and their spouses who are licensed to
practice dentistry or dental hygiene.
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new text begin ARTICLE 2. DEFINITIONS
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new text begin As used in this compact, unless the context requires otherwise, the following definitions
shall apply:
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new text begin (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.
new text end

new text begin (B) "Adverse action" means disciplinary action or encumbrance imposed on a license
or compact privilege by a state licensing authority.
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new text begin (C) "Alternative program" means a nondisciplinary 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.
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new text begin (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.
new text end

new text begin (E) "Commissioner" means the individual appointed by a participating state to serve as
the member of the commission for that participating state.
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new text begin (F) "Compact" means this dentist and dental hygienist compact.
new text end

new text begin (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.
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new text begin (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.
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new text begin (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 Code of Federal Regulations,
title 28, section 20.3(d), from the Federal Bureau of Investigation and the state's criminal
history record repository as defined in Code of Federal Regulations, title 28, section 20.3(f).
new text end

new text begin (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.
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new text begin (K) "Dental hygienist" means an individual who is licensed by a state licensing authority
to practice dental hygiene.
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new text begin (L) "Dentist" means an individual who is licensed by a state licensing authority to practice
dentistry.
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new text begin (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.
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new text begin (N) "Encumbered license" means a license that a state licensing authority has limited in
any way other than through an alternative program.
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new text begin (O) "Executive board" means the chair, vice chair, secretary, and treasurer and any other
commissioners as may be determined by commission rule or bylaw.
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new text begin (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.
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new text begin (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.
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new text begin (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.
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new text begin (S) "Model compact" means 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.
new text end

new text begin (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.
new text end

new text begin (U) "Qualifying license" means a license that is not an encumbered license issued by a
participating state to practice dentistry or dental hygiene.
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new text begin (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.
new text end

new text begin (W) "Rule" means a regulation promulgated by an entity that has the force of law.
new text end

new text begin (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.
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new text begin (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.
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new text begin (Z) "State" means any state, commonwealth, district, or territory of the United States of
America that regulates the practices of dentistry and dental hygiene.
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new text begin (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.
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new text begin ARTICLE 3. STATE PARTICIPATION IN THE COMPACT
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new text begin (A) In order to join the compact and thereafter continue as a participating state, a state
must:
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new text begin (1) enact a compact that is not materially different from the model compact as determined
in accordance with commission rules;
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new text begin (2) participate fully in the commission's data system;
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new text begin (3) have a mechanism in place for receiving and investigating complaints about its
licensees and license applicants;
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new text begin (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;
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new text begin (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;
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new text begin (6) comply with the commission rules applicable to a participating state;
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new text begin (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;
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new text begin (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;
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new text begin (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;
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new text begin (10) require for licensure that applicants successfully complete a clinical assessment;
new text end

new text begin (11) have continuing professional development requirements as a condition for license
renewal; and
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new text begin (12) pay a participation fee to the commission as established by commission rule.
new text end

new text begin (B) Providing alternative pathways for an individual to obtain an unrestricted license
does not disqualify a state from participating in the compact.
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new text begin (C) When conducting a criminal background check, the state licensing authority shall:
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new text begin (1) consider that information in making a licensure decision;
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new text begin (2) maintain documentation of completion of the criminal background check and
background check information to the extent allowed by state and federal law; and
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new text begin (3) report to the commission whether it has completed the criminal background check
and whether the individual was granted or denied a license.
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new text begin (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.
new text end

new text begin ARTICLE 4. COMPACT PRIVILEGE
new text end

new text begin (A) To obtain and exercise the compact privilege under the terms and provisions of the
compact, the licensee shall:
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new text begin (1) have a qualifying license as a dentist or dental hygienist in a participating state;
new text end

new text begin (2) be eligible for a compact privilege in any remote state in accordance with (D), (G),
and (H) of this article;
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new text begin (3) submit to an application process whenever the licensee is seeking a compact privilege;
new text end

new text begin (4) pay any applicable commission and remote state fees for a compact privilege in the
remote state;
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new text begin (5) meet any jurisprudence requirement established by a remote state in which the licensee
is seeking a compact privilege;
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new text begin (6) have passed a National Board Examination of the Joint Commission on National
Dental Examinations or another examination accepted by commission rule;
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new text begin (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;
new text end

new text begin (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;
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new text begin (9) have successfully completed a clinical assessment for licensure;
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new text begin (10) report to the commission adverse action taken by any nonparticipating state when
applying for a compact privilege and, otherwise, within 30 days from the date the adverse
action is taken;
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new text begin (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
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new text begin (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.
new text end

new text begin (B) The licensee must comply with the requirements of (A) of this article 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.
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new text begin (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.
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new text begin (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.
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new text begin (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.
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new text begin (F) Once an encumbered license in a participating state is restored to good standing, the
licensee must meet the requirements of (A) of this article to obtain a compact privilege in
a remote state.
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new text begin (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:
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new text begin (1) the specific period of time for which the compact privilege was removed has ended;
and
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new text begin (2) all conditions for removal of the compact privilege have been satisfied.
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new text begin (H) Once the requirements of (G) of this article have been met, the licensee must meet
the requirements in (A) of this article to obtain a compact privilege in a remote state.
new text end

new text begin ARTICLE 5. ACTIVE MILITARY MEMBER OR THEIR SPOUSES
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new text begin 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.
new text end

new text begin ARTICLE 6. ADVERSE ACTIONS
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new text begin (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.
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new text begin (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.
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new text begin (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 nonpublic 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.
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new text begin (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.
new text end

new text begin (E) A remote state shall have the authority to:
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new text begin (1) take adverse actions as set forth in Article 4(D) against a licensee's compact privilege
in the state;
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new text begin (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
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new text begin (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.
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new text begin (F) Joint Investigations:
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new text begin (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.
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new text begin (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.
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new text begin (G) Authority to Continue Investigation:
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new text begin (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.
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new text begin (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 Article 8(B)(6)
as if it was significant investigative information.
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new text begin ARTICLE 7. ESTABLISHMENT AND OPERATION OF THE COMMISSION
new text end

new text begin (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 Article 11(A).
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new text begin (B) Participation, Voting, and Meetings:
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new text begin (1) Each participating state shall have and be limited to one 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.
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new text begin (2) The commissioner shall be a member or designee of such authority or authorities.
new text end

new text begin (3) The commission may by rule or bylaw establish a term of office for commissioners
and may by rule or bylaw establish term limits.
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new text begin (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.
new text end

new text begin (5) A participating state's state licensing authority or authorities, as applicable, shall fill
any vacancy of its commissioner on the commission within 60 days of the vacancy.
new text end

new text begin (6) Each commissioner shall be entitled to one vote on all matters that are voted upon
by the commission.
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new text begin (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.
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new text begin (C) The commission shall have the following powers:
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new text begin (1) establish the fiscal year of the commission;
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new text begin (2) establish a code of conduct and conflict of interest policies;
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new text begin (3) adopt rules and bylaws;
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new text begin (4) maintain its financial records in accordance with the bylaws;
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new text begin (5) meet and take such actions as are consistent with the provisions of this compact, the
commission's rules, and the bylaws;
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new text begin (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;
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new text begin (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;
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new text begin (8) purchase and maintain insurance and bonds;
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new text begin (9) borrow, accept, or contract for services of personnel, including but not limited to
employees of a participating state;
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new text begin (10) conduct an annual financial review;
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new text begin (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;
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new text begin (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;
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new text begin (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 conflict of interest;
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new text begin (14) lease, purchase, retain, own, hold, improve, or use any property real, personal, or
mixed, or any undivided interest therein;
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new text begin (15) sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of
any property real, personal, or mixed;
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new text begin (16) establish a budget and make expenditures;
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new text begin (17) borrow money;
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new text begin (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;
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new text begin (19) provide and receive information from, and cooperate with, law enforcement agencies;
new text end

new text begin (20) elect a chair, vice chair, secretary, and treasurer and such other officers of the
commission as provided in the commission's bylaws;
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new text begin (21) establish and elect an executive board;
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new text begin (22) adopt and provide to the participating states an annual report;
new text end

new text begin (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
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new text begin (24) perform such other functions as may be necessary or appropriate to achieve the
purposes of this compact.
new text end

new text begin (D) Meetings of the Commission:
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new text begin (1) All meetings of the commission that are not closed pursuant to D(4) of this article
shall be open to the public. Notice of public meetings shall be posted on the commission's
website at least 30 days prior to the public meeting.
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new text begin (2) Notwithstanding (D)(1) of this article, the commission may convene an emergency
public meeting by providing at least 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 Article 9(L). The commission's legal counsel
shall certify that one of the reasons justifying an emergency public meeting has been met.
new text end

new text begin (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.
new text end

new text begin (4) The commission may convene in a closed, nonpublic meeting for the commission
to receive legal advice or to discuss:
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new text begin (i) noncompliance of a participating state with its obligations under the compact;
new text end

new text begin (ii) 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;
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new text begin (iii) current or threatened discipline of a licensee or compact privilege holder by the
commission or by a participating state's licensing authority;
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new text begin (iv) current, threatened, or reasonably anticipated litigation;
new text end

new text begin (v) negotiation of contracts for the purchase, lease, or sale of goods, services, or real
estate;
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new text begin (vi) accusing any person of a crime or formally censuring any person;
new text end

new text begin (vii) trade secrets or commercial or financial information that is privileged or confidential;
new text end

new text begin (viii) information of a personal nature where disclosure would constitute a clearly
unwarranted invasion of personal privacy;
new text end

new text begin (ix) investigative records compiled for law enforcement purposes;
new text end

new text begin (x) 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;
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new text begin (xi) legal advice;
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new text begin (xii) matters specifically exempted from disclosure to the public by federal or participating
state law; and
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new text begin (xiii) other matters as promulgated by the commission by rule.
new text end

new text begin (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.
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new text begin (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.
new text end

new text begin (E) Financing of the Commission:
new text end

new text begin (1) The commission shall pay, or provide for the payment of, the reasonable expenses
of its establishment, organization, and ongoing activities.
new text end

new text begin (2) The commission may accept any and all appropriate sources of revenue, donations,
and grants of money, equipment, supplies, materials, and services.
new text end

new text begin (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.
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new text begin (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.
new text end

new text begin (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 the commission's 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.
new text end

new text begin (F) The Executive Board:
new text end

new text begin (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:
new text end

new text begin (i) overseeing the day-to-day activities of the administration of the compact including
compliance with the provisions of the compact and the commission's rules and bylaws;
new text end

new text begin (ii) 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;
new text end

new text begin (iii) ensuring compact administration services are appropriately provided, including by
contract;
new text end

new text begin (iv) preparing and recommending the budget;
new text end

new text begin (v) maintaining financial records on behalf of the commission;
new text end

new text begin (vi) monitoring compact compliance of participating states and providing compliance
reports to the commission;
new text end

new text begin (vii) establishing additional committees as necessary;
new text end

new text begin (viii) 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
new text end

new text begin (ix) other duties as provided in the rules or bylaws of the commission.
new text end

new text begin (2) The executive board shall be composed of up to seven members:
new text end

new text begin (i) 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
new text end

new text begin (ii) other than the chair, vice chair, secretary, and treasurer, the commission may elect
up to three voting members from the current membership of the commission.
new text end

new text begin (3) The commission may remove any member of the executive board as provided in the
commission's bylaws.
new text end

new text begin (4) The executive board shall meet at least annually.
new text end

new text begin (i) 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,
nonpublic session of a public meeting when dealing with any of the matters covered under
(D)(4) of this article.
new text end

new text begin (ii) The executive board shall give five 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.
new text end

new text begin (5) The executive board may hold an emergency meeting when acting for the commission
to:
new text end

new text begin (i) meet an imminent threat to public health, safety, or welfare;
new text end

new text begin (ii) prevent a loss of commission or participating state funds; or
new text end

new text begin (iii) protect public health and safety.
new text end

new text begin (G) Qualified Immunity, Defense, and Indemnification:
new text end

new text begin (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.
new text end

new text begin (2) The commission shall defend any member, officer, executive director, 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 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.
new text end

new text begin (3) Notwithstanding (G)(1) of this article, 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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (6) Nothing in this compact shall be construed to be a waiver of sovereign immunity by
the participating states or by the commission.
new text end

new text begin ARTICLE 8. DATA SYSTEM
new text end

new text begin (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.
new text end

new text begin (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:
new text end

new text begin (1) identifying information;
new text end

new text begin (2) licensure data;
new text end

new text begin (3) adverse actions against a licensee, license applicant, or compact privilege and
information related thereto;
new text end

new text begin (4) nonconfidential information related to alternative program participation, the beginning
and ending dates of such participation, and other information related to such participation;
new text end

new text begin (5) any denial of an application for licensure, and the reasons for such denial, excluding
the reporting of any criminal history record information where prohibited by law;
new text end

new text begin (6) the presence of significant investigative information; and
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (D) Significant investigative information pertaining to a licensee in any participating
state will only be available to other participating states.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin ARTICLE 9. RULEMAKING
new text end

new text begin (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.
new text end

new text begin (B) The rules of the commission shall have the force of law in each participating state,
provided 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.
new text end

new text begin (C) The commission shall exercise its rulemaking powers pursuant to the criteria set
forth in this article and the rules adopted thereunder. Rules shall become binding as of the
date specified by the commission for each rule.
new text end

new text begin (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 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.
new text end

new text begin (E) Rules shall be adopted at a regular or special meeting of the commission.
new text end

new text begin (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.
new text end

new text begin (G) Prior to adoption of a proposed rule by the commission, and at least 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:
new text end

new text begin (1) on the website of the commission or other publicly accessible platform;
new text end

new text begin (2) to persons who have requested notice of the commission's notices of proposed
rulemaking; and
new text end

new text begin (3) in such other ways as the commission may by rule specify.
new text end

new text begin (H) The notice of proposed rulemaking shall include:
new text end

new text begin (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;
new text end

new text begin (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;
new text end

new text begin (3) the text of the proposed rule and the reason therefor;
new text end

new text begin (4) a request for comments on the proposed rule from any interested person; and
new text end

new text begin (5) the manner in which interested persons may submit written comments.
new text end

new text begin (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.
new text end

new text begin (J) Nothing in this article 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 article.
new text end

new text begin (K) The commission shall, by majority vote of all commissioners, take final action on
the proposed rule based on the rulemaking record.
new text end

new text begin (1) The commission may adopt changes to the proposed rule provided the changes do
not enlarge the original purpose of the proposed rule.
new text end

new text begin (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.
new text end

new text begin (3) The commission shall determine a reasonable effective date for the rule. Except for
an emergency as provided in (L) of this article, the effective date of the rule shall be no
sooner than 30 days after the commission issuing the notice that it adopted or amended the
rule.
new text end

new text begin (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 article shall be
retroactively applied to the rule as soon as reasonably possible, in no event later than 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:
new text end

new text begin (1) meet an imminent threat to public health, safety, or welfare;
new text end

new text begin (2) prevent a loss of commission or participating state funds;
new text end

new text begin (3) meet a deadline for the promulgation of a rule that is established by federal law or
rule; or
new text end

new text begin (4) protect public health and safety.
new text end

new text begin (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 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.
new text end

new text begin (N) No participating state's rulemaking requirements shall apply under this compact.
new text end

new text begin ARTICLE 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
new text end

new text begin (A) Oversight:
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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 the promulgated rules.
new text end

new text begin (B) Default, Technical Assistance, and Termination:
new text end

new text begin (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.
new text end

new text begin (2) The commission shall provide a copy of the notice of default to the other participating
states.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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 180 days after the date of said notice of termination.
new text end

new text begin (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.
new text end

new text begin (H) The defaulting state may appeal the action of the commission by petitioning the
United States 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.
new text end

new text begin (I) Dispute Resolution:
new text end

new text begin (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 nonparticipating states.
new text end

new text begin (2) The commission shall promulgate a rule providing for both mediation and binding
dispute resolution for disputes as appropriate.
new text end

new text begin (J) Enforcement:
new text end

new text begin (1) The commission, in the reasonable exercise of its discretion, shall enforce the
provisions of this compact and the commission's rules.
new text end

new text begin (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.
new text end

new text begin (3) A participating state may initiate legal action against the commission 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.
new text end

new text begin (4) No individual or entity other than a participating state may enforce this compact
against the commission.
new text end

new text begin ARTICLE 11. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT
new text end

new text begin (A) The compact shall come into effect on the date on which the compact statute is
enacted into law in the seventh participating state.
new text end

new text begin (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.
new text end

new text begin (i) 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 Article 10.
new text end

new text begin (ii) 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.
new text end

new text begin (2) Participating states enacting the compact subsequent to the charter participating states
shall be subject to the process set forth in Article 7(C)(23) to determine if their enactments
are materially different from the model compact and whether they qualify for participation
in the compact.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (B) Any participating state may withdraw from this compact by enacting a statute
repealing that state's enactment of the compact.
new text end

new text begin (1) A participating state's withdrawal shall not take effect until 180 days after enactment
of the repealing statute.
new text end

new text begin (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.
new text end

new text begin (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 180 days after the date of such notice of
withdrawal.
new text end

new text begin (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
nonparticipating state that does not conflict with the provisions of this compact.
new text end

new text begin (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.
new text end

new text begin ARTICLE 12. CONSTRUCTION AND SEVERABILITY
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (C) Notwithstanding (B) of this article, the commission may deny a state's participation
in the compact or, in accordance with the requirements of Article 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.
new text end

new text begin ARTICLE 13. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS
new text end

new text begin (A) Nothing herein shall prevent or inhibit the enforcement of any other law of a
participating state that is not inconsistent with the compact.
new text end

new text begin (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.
new text end

new text begin (C) All permissible agreements between the commission and the participating states are
binding in accordance with their terms.
new text end