{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/54.1-2729.02.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/54.1-2729.02.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/54.1-2729.02.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/54.1-2729.02.html"}],"law_id":368307,"edition_id":2,"section_id":368307,"structure_id":52494,"section_number":"54.1-2729.02","catch_line":"(Contingent effective date \u2014 See Article 11) Dentist and Dental Hygienist Compact","history":null,"full_text":"The General Assembly hereby enacts, and the Commonwealth of Virginia hereby enters into, the Dentist and Dental Hygienist Compact with any and all states legally joining therein according to its terms, in the form substantially as follows:\n\n\t\tDENTIST AND DENTAL HYGIENIST COMPACT.\n\n\t\tArticle 1.\n\n\t\tTitle; Purpose.\n\n\t\tThis article 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 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:\n\n1\n\nEnables 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;\n\n2\n\nPromotes mobility and addresses workforce shortages through each participating state’s acceptance of a compact privilege to practice in that state;\n\n3\n\nIncreases public access to qualified licensed dentists and dental hygienists by creating a responsible, streamlined pathway for licensees to practice in participating states;\n\n4\n\nEnhances the ability of participating states to protect the public’s health and safety;\n\n5\n\nDoes not interfere with licensure requirements established by a participating state;\n\n6\n\nFacilitates the sharing of licensure and disciplinary information among participating states;\n\n7\n\nRequires 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;\n\n8\n\nExtends 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;\n\n9\n\nPromotes the cooperation of participating states in regulating the practice of dentistry and dental hygiene within those states; and\n\n10\n\nFacilitates the relocation of military members and their spouses who are licensed to practice dentistry or dental hygiene.\n\t\t\tArticle 2.\n\n\t\t\tDefinitions.\n\n\t\t\tAs used in this Compact, unless the context requires otherwise, the following definitions shall apply:\n\n\t\t\t“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.\n\n\t\t\t“Adverse action” means disciplinary action or encumbrance imposed on a license or compact privilege by a state licensing authority.\n\n\t\t\t“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.\n\n\t\t\t“Clinical assessment” means an 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.\n\n\t\t\t“Commissioner” means the individual appointed by a participating state to serve as the member of the Commission for that participating state.\n\n\t\t\t“Compact” means this Dentist and Dental Hygienist Compact.\n\n\t\t\t“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.\n\n\t\t\t“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.\n\n\t\t\t“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. \u00a7 20.3(d) from the Federal Bureau of Investigation and the state’s criminal history record repository as defined in 28 C.F.R. \u00a7 20.3(f).\n\n\t\t\t“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 information.\n\n\t\t\t“Dental hygienist” means an individual who is licensed by a state licensing authority to practice dental hygiene.\n\n\t\t\t“Dentist” means an individual who is licensed by a state licensing authority to practice dentistry.\n\n\t\t\t“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 this Compact.\n\n\t\t\t“Encumbered license” means a license that a state licensing authority has limited in any way other than through an alternative program.\n\n\t\t\t“Executive board” means the chair, vice chair, secretary, and treasurer and any other commissioners as may be determined by commission rule or bylaw.\n\n\t\t\t“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.\n\n\t\t\t“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.\n\n\t\t\t“Licensee” means an individual who holds an unrestricted license from a participating state to practice as a dentist or dental hygienist in that state.\n\n\t\t\t“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.\n\n\t\t\t“Participating state” means a state that has enacted this Compact and been admitted to the Commission in accordance with the provisions herein and commission rules.\n\n\t\t\t“Qualifying license” means a license that is not an encumbered license issued by a participating state to practice dentistry or dental hygiene.\n\n\t\t\t“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.\n\n\t\t\t“Rule” means a regulation promulgated by an entity that has the force of law.\n\n\t\t\t“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.\n\n\t\t\t“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.\n\n\t\t\t“State” means any state, commonwealth, district, or territory of the United States that regulates the practices of dentistry and dental hygiene.\n\n\t\t\t“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.\n\n\t\t\tArticle 3.\n\n\t\t\tState Participation in the Compact.\n\nA\n\nIn order to join this Compact and thereafter continue as a participating state, a state must:\n\n1\n\nEnact a compact that is not materially different from the model compact as determined in accordance with Commission rules;\n\n2\n\nParticipate fully in the Commission’s data system;\n\n3\n\nHave a mechanism in place for receiving and investigating complaints about its licensees and license applicants;\n\n4\n\nNotify the Commission, in compliance with the terms of this Compact and Commission rules, of any adverse action or the availability of significant investigative information regarding a licensee and license applicant;\n\n5\n\nFully implement a criminal background check requirement, within a time frame established by Commission rule, by receiving the results of a qualifying criminal background check;\n\n6\n\nComply with the Commission rules applicable to a participating state;\n\n7\n\nAccept the National Board Examinations of the Joint Commission on National Dental Examinations or another examination accepted by Commission rule as a licensure examination;\n\n8\n\nAccept for licensure such applicants for a dentist license who graduate from a predoctoral dental education program accredited by the Commission on Dental Accreditation, or another accrediting agency recognized by the U.S. Department of Education for the accreditation of dentistry and dental hygiene education programs, resulting in the Doctor of Dental Surgery (D.D.S.) or Doctor of Dental Medicine (D.M.D.) degree;\n\n9\n\nAccept for licensure such applicants for a dental hygienist license who graduate from a dental hygiene education program accredited by the Commission on Dental Accreditation or another accrediting agency recognized by the U.S. Department of Education for the accreditation of dentistry and dental hygiene education programs;\n\n10\n\nRequire for licensure that applicants successfully complete a clinical assessment;\n\n11\n\nHave continuing professional development requirements as a condition for license renewal; and\n\n12\n\nPay a participation fee to the Commission as established by Commission rule.\n\nB\n\nProviding alternative pathways for an individual to obtain an unrestricted license does not disqualify a state from participating in this Compact.\n\nC\n\nWhen conducting a criminal background check, the state licensing authority shall:\n\n1\n\nConsider such information in making a licensure decision;\n\n2\n\nMaintain documentation of completion of the criminal background check and background check information to the extent allowed by state and federal law; and\n\n3\n\nReport to the Commission whether it has completed the criminal background check and whether the individual was granted or denied a license.\n\nD\n\nA 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 this 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.\n\t\t\t\tArticle 4.\n\n\t\t\t\tCompact Privilege.\n\nA\n\nTo obtain and exercise the compact privilege under the terms and provisions of this Compact, the licensee shall:\n\n1\n\nHave a qualifying license as a dentist or dental hygienist in a participating state;\n\n2\n\nBe eligible for a compact privilege in any remote state in accordance with subsections D, G, and H of this section;\n\n3\n\nSubmit to an application process whenever the licensee is seeking a compact privilege;\n\n4\n\nPay any applicable Commission and remote state fees for a compact privilege in the remote state;\n\n5\n\nMeet any jurisprudence requirement established by a remote state in which the licensee is seeking a compact privilege;\n\n6\n\nHave passed a National Board Examination of the Joint Commission on National Dental Examinations or another examination accepted by Commission rule;\n\n7\n\nFor a dentist, have graduated from a predoctoral dental education program accredited by the Commission on Dental Accreditation, or another accrediting agency recognized by the U.S. Department of Education for the accreditation of dentistry and dental hygiene education programs, resulting in the Doctor of Dental Surgery (D.D.S.) or Doctor of Dental Medicine (D.M.D.) degree;\n\n8\n\nFor 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 U.S. Department of Education for the accreditation of dentistry and dental hygiene education programs;\n\n9\n\nHave successfully completed a clinical assessment for licensure;\n\n10\n\nReport 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;\n\n11\n\nReport 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\n\n12\n\nConsent 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.\n\nB\n\nThe 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.\n\nC\n\nA 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.\n\nD\n\nA 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.\n\nE\n\nIf 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.\n\nF\n\nOnce 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.\n\nG\n\nIf 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:\n\n1\n\nThe specific period of time for which the compact privilege was removed has ended; and\n\n2\n\nAll conditions for removal of the compact privilege have been satisfied.\n\nH\n\nOnce 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.\n\t\t\t\tArticle 5.\n\n\t\t\t\tActive Military Members or Their Spouses.\n\n\t\t\t\tActive military members and their spouses shall not be required to pay to the Commission the fee otherwise charged by the Commission for a compact privilege. 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 active military members and their spouses for a compact privilege.\n\n\t\t\t\tArticle 6.\n\n\t\t\t\tAdverse Actions.\n\nA\n\nA 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.\n\nB\n\nA 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.\n\nC\n\nNothing 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.\n\nD\n\nAny 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.\n\nE\n\nA remote state shall have the authority to:\n\n1\n\nTake adverse actions as set forth in subsection D of Article 4 against a licensee’s compact privilege in the state;\n\n2\n\nIn furtherance of its rights and responsibilities under this 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\n\n3\n\nIf 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.\n\nF\n\nJoint investigations.\n\n1\n\nIn 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.\n\n2\n\nParticipating states shall share any significant investigative information, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under this Compact.\n\nG\n\nAuthority to continue investigation.\n\n1\n\nAfter 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.\n\n2\n\nIf 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 subdivision B 6 of Article 8 as if it was significant investigative information.\n\t\t\tArticle 7.\n\n\t\t\tEstablishment and Operation of the Dentist and Dental Hygienist Compact Commission.\n\nA\n\nThe Compact participating states hereby create and establish a joint government agency whose membership consists of all participating states that have enacted the Compact. The Dentist and Dental Hygienist Compact 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 subsection A of Article 11.\n\nB\n\nParticipation, voting, and meetings.\n\n1\n\nEach 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.\n\n2\n\nThe commissioner shall be a member or designee of such authority or authorities.\n\n3\n\nThe Commission may by rule or bylaw establish a term of office for commissioners and may by rule or bylaw establish term limits.\n\n4\n\nThe Commission may recommend to a state licensing authority or authorities, as applicable, removal or suspension of an individual as the state’s commissioner.\n\n5\n\nA 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.\n\n6\n\nEach commissioner shall be entitled to one vote on all matters that are voted upon by the Commission.\n\n7\n\nThe 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.\n\nC\n\nThe Commission shall have the following powers:\n\n1\n\nEstablish the fiscal year of the Commission;\n\n2\n\nEstablish a code of conduct and conflict of interest policies;\n\n3\n\nAdopt rules and bylaws;\n\n4\n\nMaintain its financial records in accordance with the bylaws;\n\n5\n\nMeet and take such actions as are consistent with the provisions of this Compact, the Commission’s rules, and the bylaws;\n\n6\n\nInitiate 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;\n\n7\n\nMaintain 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;\n\n8\n\nPurchase and maintain insurance and bonds;\n\n9\n\nBorrow, accept, or contract for services of personnel, including, but not limited to, employees of a participating state;\n\n10\n\nConduct an annual financial review;\n\n11\n\nHire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of this Compact, and establish the Commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;\n\n12\n\nAs 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;\n\n13\n\nAccept 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;\n\n14\n\nLease, purchase, retain, own, hold, improve, or use any property, real, personal, or mixed, or any undivided interest therein;\n\n15\n\nSell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed;\n\n16\n\nEstablish a budget and make expenditures;\n\n17\n\nBorrow money;\n\n18\n\nAppoint 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;\n\n19\n\nProvide and receive information from, and cooperate with, law-enforcement agencies;\n\n20\n\nElect a chair, vice chair, secretary, and treasurer and such other officers of the Commission as provided in the Commission’s bylaws;\n\n21\n\nEstablish and elect an executive board;\n\n22\n\nAdopt and provide to the participating states an annual report;\n\n23\n\nDetermine whether a state’s enacted compact is materially different from the model compact language such that the state would not qualify for participation in this Compact; and\n\n24\n\nPerform such other functions as may be necessary or appropriate to achieve the purposes of this Compact.\n\nD\n\nMeetings of the Commission.\n\n1\n\nAll 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 30 days prior to the public meeting.\n\n2\n\nNotwithstanding subdivision 1 of this subsection, 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 subsection L of Article 9. The Commission’s legal counsel shall certify that one of the reasons justifying an emergency public meeting has been met.\n\n3\n\nNotice 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.\n\n4\n\nThe Commission may convene in a closed, nonpublic meeting for the Commission to receive legal advice or to discuss:\n\t\t\ta. Noncompliance of a participating state with its obligations under this Compact;\n\n\t\t\tb. 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;\n\n\t\t\tc. Current or threatened discipline of a licensee or compact privilege holder by the Commission or by a participating state’s licensing authority;\n\n\t\t\td. Current, threatened, or reasonably anticipated litigation;\n\n\t\t\te. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;\n\n\t\t\tf. Accusing any person of a crime or formally censuring any person;\n\n\t\t\tg. Trade secrets or commercial or financial information that is privileged or confidential;\n\n\t\t\th. Information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;\n\n\t\t\ti. Investigative records compiled for law-enforcement purposes;\n\n\t\t\tj. 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 this Compact;\n\n\t\t\tk. Legal advice;\n\n\t\t\tl. Matters specifically exempted from disclosure to the public by federal or participating state law; and\n\n\t\t\tm. Other matters as promulgated by the Commission by rule.\n\n5\n\nIf 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.\n\n6\n\nThe 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 therefor, 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.\n\nE\n\nFinancing of the Commission.\n\n1\n\nThe Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.\n\n2\n\nThe Commission may accept any and all appropriate sources of revenue, donations, and grants of money, equipment, supplies, materials, and services.\n\n3\n\nThe 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.\n\n4\n\nThe 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.\n\n5\n\nThe 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.\n\nF\n\nThe executive board.\n\n1\n\nThe 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:\n\t\t\ta. Overseeing the day-to-day activities of the administration of this Compact, including compliance with the provisions of the Compact and the Commission’s rules and bylaws;\n\n\t\t\tb. 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;\n\n\t\t\tc. Ensuring compact administration services are appropriately provided, including by contract;\n\n\t\t\td. Preparing and recommending the budget;\n\n\t\t\te. Maintaining financial records on behalf of the Commission;\n\n\t\t\tf. Monitoring Compact compliance of participating states and providing compliance reports to the Commission;\n\n\t\t\tg. Establishing additional committees as necessary;\n\n\t\t\th. 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\n\n\t\t\ti. Other duties as provided in the rules or bylaws of the Commission.\n\n2\n\nThe executive board shall be composed of up to seven members:\n\t\t\ta. 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\n\n\t\t\tb. 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.\n\n3\n\nThe Commission may remove any member of the executive board as provided in the Commission’s bylaws.\n\n4\n\nThe executive board shall meet at least annually.\n\t\t\ta. 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 subdivision D 4 of this section.\n\n\t\t\tb. 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.\n\n5\n\nThe executive board may hold an emergency meeting when acting for the Commission to:\n\t\t\ta. Meet an imminent threat to public health, safety, or welfare;\n\n\t\t\tb. Prevent a loss of Commission or participating state funds; or\n\n\t\t\tc. Protect public health and safety.\n\nG\n\nQualified immunity, defense, and indemnification.\n\n1\n\nThe 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 subdivision 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.\n\n2\n\nThe 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 his own counsel at his 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.\n\n3\n\nNotwithstanding subdivision 1 of this subsection, 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.\n\n4\n\nNothing 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.\n\n5\n\nNothing 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.\n\n6\n\nNothing in this Compact shall be construed to be a waiver of sovereign immunity by the participating states or by the Commission.\n\t\t\tArticle 8.\n\n\t\t\tData System.\n\nA\n\nThe 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.\n\nB\n\nNotwithstanding 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:\n\n1\n\nIdentifying information;\n\n2\n\nLicensure data;\n\n3\n\nAdverse actions against a licensee, license applicant, or compact privilege and information related thereto;\n\n4\n\nNonconfidential information related to alternative program participation, the beginning and ending dates of such participation, and other information related to such participation;\n\n5\n\nAny 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);\n\n6\n\nThe presence of significant investigative information; and\n\n7\n\nOther information that may facilitate the administration of this Compact or the protection of the public, as determined by the rules of the Commission.\n\nC\n\nThe 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.\n\nD\n\nSignificant investigative information pertaining to a licensee in any participating state will only be available to other participating states.\n\nE\n\nIt 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.\n\nF\n\nParticipating 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.\n\nG\n\nAny 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.\n\t\t\t\tArticle 9.\n\n\t\t\t\tRulemaking.\n\nA\n\nThe Commission shall promulgate reasonable rules in order to effectively and efficiently implement and administer the purposes and provisions of this 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 this Compact, or the powers granted hereunder, or based upon another applicable standard of review.\n\nB\n\nThe 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.\n\nC\n\nThe 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.\n\nD\n\nIf 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 this 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 this Compact.\n\nE\n\nRules shall be adopted at a regular or special meeting of the Commission.\n\nF\n\nPrior 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.\n\nG\n\nPrior 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:\n\n1\n\nOn the website of the Commission or other publicly accessible platform;\n\n2\n\nTo persons who have requested notice of the Commission’s notices of proposed rulemaking; and\n\n3\n\nIn such other way(s) as the Commission may by rule specify.\n\nH\n\nThe notice of proposed rulemaking shall include:\n\n1\n\nThe 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;\n\n2\n\nIf 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;\n\n3\n\nThe text of the proposed rule and the reason therefor;\n\n4\n\nA request for comments on the proposed rule from any interested person; and\n\n5\n\nThe manner in which interested persons may submit written comments.\n\nI\n\nAll 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.\n\nJ\n\nNothing 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.\n\nK\n\nThe Commission shall, by majority vote of all commissioners, take final action on the proposed rule based on the rulemaking record.\n\n1\n\nThe Commission may adopt changes to the proposed rule provided the changes do not enlarge the original purpose of the proposed rule.\n\n2\n\nThe 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.\n\n3\n\nThe Commission shall determine a reasonable effective date for the rule. Except for an emergency as provided in subsection L of this section, 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.\n\nL\n\nUpon 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 this Compact and in this section 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:\n\n1\n\nMeet an imminent threat to public health, safety, or welfare;\n\n2\n\nPrevent a loss of Commission or participating state funds;\n\n3\n\nMeet a deadline for the promulgation of a rule that is established by federal law or rule; or\n\n4\n\nProtect public health and safety.\n\nM\n\nThe 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.\n\nN\n\nNo participating state’s rulemaking requirements shall apply under this Compact.\n\t\t\t\tArticle 10.\n\n\t\t\t\tOversight, Dispute Resolution, and Enforcement.\n\nA\n\nOversight.\n\n1\n\nThe 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.\n\n2\n\nVenue 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.\n\n3\n\nThe Commission shall be entitled to receive service of process in any proceeding regarding the enforcement or interpretation of this Compact or a 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.\n\nB\n\nDefault, technical assistance, and termination.\n\n1\n\nIf 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.\n\n2\n\nThe Commission shall provide a copy of the notice of default to the other participating states.\n\nC\n\nIf a state in default fails to cure the default, the defaulting state may be terminated from this 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.\n\nD\n\nTermination of participation in this 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.\n\nE\n\nA 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.\n\nF\n\nUpon 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.\n\nG\n\nThe Commission shall not bear any costs related to a state that is found to be in default or that has been terminated from this Compact, unless agreed upon in writing between the Commission and the defaulting state.\n\nH\n\nThe 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 fees.\n\nI\n\nDispute resolution.\n\n1\n\nUpon request by a participating state, the Commission shall attempt to resolve disputes related to this Compact that arise among participating states and between participating states and nonparticipating states.\n\n2\n\nThe Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.\n\nJ\n\nEnforcement.\n\n1\n\nThe Commission, in the reasonable exercise of its discretion, shall enforce the provisions of this Compact and the Commission’s rules.\n\n2\n\nBy 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 this 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 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.\n\n3\n\nA 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 this 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 fees.\n\n4\n\nNo individual or entity other than a participating state may enforce this Compact against the Commission.\n\t\t\tArticle 11.\n\n\t\t\tEffective Date, Withdrawal, and Amendment.\n\nA\n\nThis Compact shall come into effect on the date on which the compact statute is enacted into law in the seventh participating state.\n\n1\n\nOn or after the effective date of this 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.\n\t\t\ta. 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.\n\n\t\t\tb. 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.\n\n2\n\nParticipating states enacting the Compact subsequent to the charter participating states shall be subject to the process set forth in subdivision C 23 of Article 7 to determine if their enactments are materially different from the model compact and whether they qualify for participation in the Compact.\n\n3\n\nAll 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.\n\n4\n\nAny 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.\n\nB\n\nAny participating state may withdraw from this Compact by enacting a statute repealing that state’s enactment of the Compact.\n\n1\n\nA participating state’s withdrawal shall not take effect until 180 days after enactment of the repealing statute.\n\n2\n\nWithdrawal 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.\n\n3\n\nUpon 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.\n\nC\n\nNothing 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.\n\nD\n\nThis 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.\n\t\t\t\tArticle 12.\n\n\t\t\t\tConstruction and Severability.\n\nA\n\nThis 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.\n\nB\n\nThe 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.\n\nC\n\nNotwithstanding subsection B of this section, the Commission may deny a state’s participation in this Compact or, in accordance with the requirements of subsection B of Article 10, 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.\n\t\t\t\tArticle 13.\n\n\t\t\t\tConsistent Effect and Conflict with Other State Laws.\n\nA\n\nNothing herein shall prevent or inhibit the enforcement of any other law of a participating state that is not inconsistent with this Compact.\n\nB\n\nAny laws, statutes, regulations, or other legal requirements in a participating state in conflict with this Compact are superseded to the extent of the conflict.\n\nC\n\nAll permissible agreements between the Commission and the participating states are binding in accordance with their terms.\n\n","order_by":null,"text":{"0":{"id":1371385,"text":"The General Assembly hereby enacts, and the Commonwealth of Virginia hereby enters into, the Dentist and Dental Hygienist Compact with any and all states legally joining therein according to its terms, in the form substantially as follows:\t\tDENTIST AND DENTAL HYGIENIST COMPACT.\t\tArticle 1.\t\tTitle; Purpose.\t\tThis article 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 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:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":1371386,"text":"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;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":1371387,"text":"Promotes mobility and addresses workforce shortages through each participating state’s acceptance of a compact privilege to practice in that state;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":1371388,"text":"Increases public access to qualified licensed dentists and dental hygienists by creating a responsible, streamlined pathway for licensees to practice in participating states;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":1371389,"text":"Enhances the ability of participating states to protect the public’s health and safety;","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":1371390,"text":"Does not interfere with licensure requirements established by a participating state;","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":1371391,"text":"Facilitates the sharing of licensure and disciplinary information among participating states;","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":1371392,"text":"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;","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"8":{"id":1371393,"text":"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;","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"9"},"9":{"id":1371394,"text":"Promotes the cooperation of participating states in regulating the practice of dentistry and dental hygiene within those states; and","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"8","next_prefix":"10"},"10":{"id":1371395,"text":"Facilitates the relocation of military members and their spouses who are licensed to practice dentistry or dental hygiene.\n\t\t\tArticle 2.\t\t\tDefinitions.\t\t\tAs used in this Compact, unless the context requires otherwise, the following definitions shall apply:\t\t\t“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.\t\t\t“Adverse action” means disciplinary action or encumbrance imposed on a license or compact privilege by a state licensing authority.\t\t\t“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.\t\t\t“Clinical assessment” means an 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.\t\t\t“Commissioner” means the individual appointed by a participating state to serve as the member of the Commission for that participating state.\t\t\t“Compact” means this Dentist and Dental Hygienist Compact.\t\t\t“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.\t\t\t“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.\t\t\t“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. \u00a7 20.3(d) from the Federal Bureau of Investigation and the state’s criminal history record repository as defined in 28 C.F.R. \u00a7 20.3(f).\t\t\t“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 information.\t\t\t“Dental hygienist” means an individual who is licensed by a state licensing authority to practice dental hygiene.\t\t\t“Dentist” means an individual who is licensed by a state licensing authority to practice dentistry.\t\t\t“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 this Compact.\t\t\t“Encumbered license” means a license that a state licensing authority has limited in any way other than through an alternative program.\t\t\t“Executive board” means the chair, vice chair, secretary, and treasurer and any other commissioners as may be determined by commission rule or bylaw.\t\t\t“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.\t\t\t“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.\t\t\t“Licensee” means an individual who holds an unrestricted license from a participating state to practice as a dentist or dental hygienist in that state.\t\t\t“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.\t\t\t“Participating state” means a state that has enacted this Compact and been admitted to the Commission in accordance with the provisions herein and commission rules.\t\t\t“Qualifying license” means a license that is not an encumbered license issued by a participating state to practice dentistry or dental hygiene.\t\t\t“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.\t\t\t“Rule” means a regulation promulgated by an entity that has the force of law.\t\t\t“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.\t\t\t“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.\t\t\t“State” means any state, commonwealth, district, or territory of the United States that regulates the practices of dentistry and dental hygiene.\t\t\t“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.\t\t\tArticle 3.\t\t\tState Participation in the Compact.","type":"section","prefixes":["10"],"prefix":"10","entire_prefix":"10","prefix_anchor":"10","level":1,"prior_prefix":"9","next_prefix":"10A"},"11":{"id":1371396,"text":"In order to join this Compact and thereafter continue as a participating state, a state must:","type":"section","prefixes":["10","A"],"prefix":"A","entire_prefix":"10A","prefix_anchor":"10A","level":2,"prior_prefix":"10","next_prefix":"1"},"12":{"id":1371397,"text":"Enact a compact that is not materially different from the model compact as determined in accordance with Commission rules;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"10A","next_prefix":"2"},"13":{"id":1371398,"text":"Participate fully in the Commission’s data system;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"14":{"id":1371399,"text":"Have a mechanism in place for receiving and investigating complaints about its licensees and license applicants;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"15":{"id":1371400,"text":"Notify the Commission, in compliance with the terms of this Compact and Commission rules, of any adverse action or the availability of significant investigative information regarding a licensee and license applicant;","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"16":{"id":1371401,"text":"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;","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"17":{"id":1371402,"text":"Comply with the Commission rules applicable to a participating state;","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"18":{"id":1371403,"text":"Accept the National Board Examinations of the Joint Commission on National Dental Examinations or another examination accepted by Commission rule as a licensure examination;","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"19":{"id":1371404,"text":"Accept for licensure such applicants for a dentist license who graduate from a predoctoral dental education program accredited by the Commission on Dental Accreditation, or another accrediting agency recognized by the U.S. Department of Education for the accreditation of dentistry and dental hygiene education programs, resulting in the Doctor of Dental Surgery (D.D.S.) or Doctor of Dental Medicine (D.M.D.) degree;","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"9"},"20":{"id":1371405,"text":"Accept for licensure such applicants for a dental hygienist license who graduate from a dental hygiene education program accredited by the Commission on Dental Accreditation or another accrediting agency recognized by the U.S. Department of Education for the accreditation of dentistry and dental hygiene education programs;","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"8","next_prefix":"10"},"21":{"id":1371406,"text":"Require for licensure that applicants successfully complete a clinical assessment;","type":"section","prefixes":["10"],"prefix":"10","entire_prefix":"10","prefix_anchor":"10","level":1,"prior_prefix":"9","next_prefix":"11"},"22":{"id":1371407,"text":"Have continuing professional development requirements as a condition for license renewal; and","type":"section","prefixes":["11"],"prefix":"11","entire_prefix":"11","prefix_anchor":"11","level":1,"prior_prefix":"10","next_prefix":"12"},"23":{"id":1371408,"text":"Pay a participation fee to the Commission as established by Commission rule.","type":"section","prefixes":["12"],"prefix":"12","entire_prefix":"12","prefix_anchor":"12","level":1,"prior_prefix":"11","next_prefix":"12B"},"24":{"id":1371409,"text":"Providing alternative pathways for an individual to obtain an unrestricted license does not disqualify a state from participating in this Compact.","type":"section","prefixes":["12","B"],"prefix":"B","entire_prefix":"12B","prefix_anchor":"12B","level":2,"prior_prefix":"12","next_prefix":"12C"},"25":{"id":1371410,"text":"When conducting a criminal background check, the state licensing authority shall:","type":"section","prefixes":["12","C"],"prefix":"C","entire_prefix":"12C","prefix_anchor":"12C","level":2,"prior_prefix":"12B","next_prefix":"1"},"26":{"id":1371411,"text":"Consider such information in making a licensure decision;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"12C","next_prefix":"2"},"27":{"id":1371412,"text":"Maintain documentation of completion of the criminal background check and background check information to the extent allowed by state and federal law; and","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"28":{"id":1371413,"text":"Report to the Commission whether it has completed the criminal background check and whether the individual was granted or denied a license.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"3D"},"29":{"id":1371414,"text":"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 this 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.\n\t\t\t\tArticle 4.\t\t\t\tCompact Privilege.","type":"section","prefixes":["3","D"],"prefix":"D","entire_prefix":"3D","prefix_anchor":"3D","level":2,"prior_prefix":"3","next_prefix":"3A"},"30":{"id":1371415,"text":"To obtain and exercise the compact privilege under the terms and provisions of this Compact, the licensee shall:","type":"section","prefixes":["3","A"],"prefix":"A","entire_prefix":"3A","prefix_anchor":"3A","level":2,"prior_prefix":"3D","next_prefix":"1"},"31":{"id":1371416,"text":"Have a qualifying license as a dentist or dental hygienist in a participating state;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"3A","next_prefix":"2"},"32":{"id":1371417,"text":"Be eligible for a compact privilege in any remote state in accordance with subsections D, G, and H of this section;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"33":{"id":1371418,"text":"Submit to an application process whenever the licensee is seeking a compact privilege;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"34":{"id":1371419,"text":"Pay any applicable Commission and remote state fees for a compact privilege in the remote state;","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"35":{"id":1371420,"text":"Meet any jurisprudence requirement established by a remote state in which the licensee is seeking a compact privilege;","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"36":{"id":1371421,"text":"Have passed a National Board Examination of the Joint Commission on National Dental Examinations or another examination accepted by Commission rule;","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"37":{"id":1371422,"text":"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 U.S. Department of Education for the accreditation of dentistry and dental hygiene education programs, resulting in the Doctor of Dental Surgery (D.D.S.) or Doctor of Dental Medicine (D.M.D.) degree;","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"38":{"id":1371423,"text":"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 U.S. Department of Education for the accreditation of dentistry and dental hygiene education programs;","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"9"},"39":{"id":1371424,"text":"Have successfully completed a clinical assessment for licensure;","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"8","next_prefix":"10"},"40":{"id":1371425,"text":"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;","type":"section","prefixes":["10"],"prefix":"10","entire_prefix":"10","prefix_anchor":"10","level":1,"prior_prefix":"9","next_prefix":"11"},"41":{"id":1371426,"text":"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","type":"section","prefixes":["11"],"prefix":"11","entire_prefix":"11","prefix_anchor":"11","level":1,"prior_prefix":"10","next_prefix":"12"},"42":{"id":1371427,"text":"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.","type":"section","prefixes":["12"],"prefix":"12","entire_prefix":"12","prefix_anchor":"12","level":1,"prior_prefix":"11","next_prefix":"12B"},"43":{"id":1371428,"text":"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.","type":"section","prefixes":["12","B"],"prefix":"B","entire_prefix":"12B","prefix_anchor":"12B","level":2,"prior_prefix":"12","next_prefix":"12C"},"44":{"id":1371429,"text":"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.","type":"section","prefixes":["12","C"],"prefix":"C","entire_prefix":"12C","prefix_anchor":"12C","level":2,"prior_prefix":"12B","next_prefix":"12D"},"45":{"id":1371430,"text":"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.","type":"section","prefixes":["12","D"],"prefix":"D","entire_prefix":"12D","prefix_anchor":"12D","level":2,"prior_prefix":"12C","next_prefix":"12E"},"46":{"id":1371431,"text":"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.","type":"section","prefixes":["12","E"],"prefix":"E","entire_prefix":"12E","prefix_anchor":"12E","level":2,"prior_prefix":"12D","next_prefix":"12F"},"47":{"id":1371432,"text":"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.","type":"section","prefixes":["12","F"],"prefix":"F","entire_prefix":"12F","prefix_anchor":"12F","level":2,"prior_prefix":"12E","next_prefix":"12G"},"48":{"id":1371433,"text":"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:","type":"section","prefixes":["12","G"],"prefix":"G","entire_prefix":"12G","prefix_anchor":"12G","level":2,"prior_prefix":"12F","next_prefix":"1"},"49":{"id":1371434,"text":"The specific period of time for which the compact privilege was removed has ended; and","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"12G","next_prefix":"2"},"50":{"id":1371435,"text":"All conditions for removal of the compact privilege have been satisfied.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"2H"},"51":{"id":1371436,"text":"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.\n\t\t\t\tArticle 5.\t\t\t\tActive Military Members or Their Spouses.\t\t\t\tActive military members and their spouses shall not be required to pay to the Commission the fee otherwise charged by the Commission for a compact privilege. 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 active military members and their spouses for a compact privilege.\t\t\t\tArticle 6.\t\t\t\tAdverse Actions.","type":"section","prefixes":["2","H"],"prefix":"H","entire_prefix":"2H","prefix_anchor":"2H","level":2,"prior_prefix":"2","next_prefix":"2A"},"52":{"id":1371437,"text":"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.","type":"section","prefixes":["2","A"],"prefix":"A","entire_prefix":"2A","prefix_anchor":"2A","level":2,"prior_prefix":"2H","next_prefix":"2B"},"53":{"id":1371438,"text":"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.","type":"section","prefixes":["2","B"],"prefix":"B","entire_prefix":"2B","prefix_anchor":"2B","level":2,"prior_prefix":"2A","next_prefix":"2C"},"54":{"id":1371439,"text":"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.","type":"section","prefixes":["2","C"],"prefix":"C","entire_prefix":"2C","prefix_anchor":"2C","level":2,"prior_prefix":"2B","next_prefix":"2D"},"55":{"id":1371440,"text":"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.","type":"section","prefixes":["2","D"],"prefix":"D","entire_prefix":"2D","prefix_anchor":"2D","level":2,"prior_prefix":"2C","next_prefix":"2E"},"56":{"id":1371441,"text":"A remote state shall have the authority to:","type":"section","prefixes":["2","E"],"prefix":"E","entire_prefix":"2E","prefix_anchor":"2E","level":2,"prior_prefix":"2D","next_prefix":"1"},"57":{"id":1371442,"text":"Take adverse actions as set forth in subsection D of Article 4 against a licensee’s compact privilege in the state;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"2E","next_prefix":"2"},"58":{"id":1371443,"text":"In furtherance of its rights and responsibilities under this 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","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"59":{"id":1371444,"text":"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.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"3F"},"60":{"id":1371445,"text":"Joint investigations.","type":"section","prefixes":["3","F"],"prefix":"F","entire_prefix":"3F","prefix_anchor":"3F","level":2,"prior_prefix":"3","next_prefix":"1"},"61":{"id":1371446,"text":"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.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"3F","next_prefix":"2"},"62":{"id":1371447,"text":"Participating states shall share any significant investigative information, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under this Compact.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"2G"},"63":{"id":1371448,"text":"Authority to continue investigation.","type":"section","prefixes":["2","G"],"prefix":"G","entire_prefix":"2G","prefix_anchor":"2G","level":2,"prior_prefix":"2","next_prefix":"1"},"64":{"id":1371449,"text":"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.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"2G","next_prefix":"2"},"65":{"id":1371450,"text":"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 subdivision B 6 of Article 8 as if it was significant investigative information.\n\t\t\tArticle 7.\t\t\tEstablishment and Operation of the Dentist and Dental Hygienist Compact Commission.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"2A"},"66":{"id":1371451,"text":"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 Dentist and Dental Hygienist Compact 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 subsection A of Article 11.","type":"section","prefixes":["2","A"],"prefix":"A","entire_prefix":"2A","prefix_anchor":"2A","level":2,"prior_prefix":"2","next_prefix":"2B"},"67":{"id":1371452,"text":"Participation, voting, and meetings.","type":"section","prefixes":["2","B"],"prefix":"B","entire_prefix":"2B","prefix_anchor":"2B","level":2,"prior_prefix":"2A","next_prefix":"1"},"68":{"id":1371453,"text":"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.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"2B","next_prefix":"2"},"69":{"id":1371454,"text":"The commissioner shall be a member or designee of such authority or authorities.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"70":{"id":1371455,"text":"The Commission may by rule or bylaw establish a term of office for commissioners and may by rule or bylaw establish term limits.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"71":{"id":1371456,"text":"The Commission may recommend to a state licensing authority or authorities, as applicable, removal or suspension of an individual as the state’s commissioner.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"72":{"id":1371457,"text":"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.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"73":{"id":1371458,"text":"Each commissioner shall be entitled to one vote on all matters that are voted upon by the Commission.","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"74":{"id":1371459,"text":"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.","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"7C"},"75":{"id":1371460,"text":"The Commission shall have the following powers:","type":"section","prefixes":["7","C"],"prefix":"C","entire_prefix":"7C","prefix_anchor":"7C","level":2,"prior_prefix":"7","next_prefix":"1"},"76":{"id":1371461,"text":"Establish the fiscal year of the Commission;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"7C","next_prefix":"2"},"77":{"id":1371462,"text":"Establish a code of conduct and conflict of interest policies;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"78":{"id":1371463,"text":"Adopt rules and bylaws;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"79":{"id":1371464,"text":"Maintain its financial records in accordance with the bylaws;","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"80":{"id":1371465,"text":"Meet and take such actions as are consistent with the provisions of this Compact, the Commission’s rules, and the bylaws;","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"81":{"id":1371466,"text":"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;","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"82":{"id":1371467,"text":"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;","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"83":{"id":1371468,"text":"Purchase and maintain insurance and bonds;","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"9"},"84":{"id":1371469,"text":"Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a participating state;","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"8","next_prefix":"10"},"85":{"id":1371470,"text":"Conduct an annual financial review;","type":"section","prefixes":["10"],"prefix":"10","entire_prefix":"10","prefix_anchor":"10","level":1,"prior_prefix":"9","next_prefix":"11"},"86":{"id":1371471,"text":"Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of this Compact, and establish the Commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;","type":"section","prefixes":["11"],"prefix":"11","entire_prefix":"11","prefix_anchor":"11","level":1,"prior_prefix":"10","next_prefix":"12"},"87":{"id":1371472,"text":"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;","type":"section","prefixes":["12"],"prefix":"12","entire_prefix":"12","prefix_anchor":"12","level":1,"prior_prefix":"11","next_prefix":"13"},"88":{"id":1371473,"text":"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;","type":"section","prefixes":["13"],"prefix":"13","entire_prefix":"13","prefix_anchor":"13","level":1,"prior_prefix":"12","next_prefix":"14"},"89":{"id":1371474,"text":"Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or mixed, or any undivided interest therein;","type":"section","prefixes":["14"],"prefix":"14","entire_prefix":"14","prefix_anchor":"14","level":1,"prior_prefix":"13","next_prefix":"15"},"90":{"id":1371475,"text":"Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed;","type":"section","prefixes":["15"],"prefix":"15","entire_prefix":"15","prefix_anchor":"15","level":1,"prior_prefix":"14","next_prefix":"16"},"91":{"id":1371476,"text":"Establish a budget and make expenditures;","type":"section","prefixes":["16"],"prefix":"16","entire_prefix":"16","prefix_anchor":"16","level":1,"prior_prefix":"15","next_prefix":"17"},"92":{"id":1371477,"text":"Borrow money;","type":"section","prefixes":["17"],"prefix":"17","entire_prefix":"17","prefix_anchor":"17","level":1,"prior_prefix":"16","next_prefix":"18"},"93":{"id":1371478,"text":"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;","type":"section","prefixes":["18"],"prefix":"18","entire_prefix":"18","prefix_anchor":"18","level":1,"prior_prefix":"17","next_prefix":"19"},"94":{"id":1371479,"text":"Provide and receive information from, and cooperate with, law-enforcement agencies;","type":"section","prefixes":["19"],"prefix":"19","entire_prefix":"19","prefix_anchor":"19","level":1,"prior_prefix":"18","next_prefix":"20"},"95":{"id":1371480,"text":"Elect a chair, vice chair, secretary, and treasurer and such other officers of the Commission as provided in the Commission’s bylaws;","type":"section","prefixes":["20"],"prefix":"20","entire_prefix":"20","prefix_anchor":"20","level":1,"prior_prefix":"19","next_prefix":"21"},"96":{"id":1371481,"text":"Establish and elect an executive board;","type":"section","prefixes":["21"],"prefix":"21","entire_prefix":"21","prefix_anchor":"21","level":1,"prior_prefix":"20","next_prefix":"22"},"97":{"id":1371482,"text":"Adopt and provide to the participating states an annual report;","type":"section","prefixes":["22"],"prefix":"22","entire_prefix":"22","prefix_anchor":"22","level":1,"prior_prefix":"21","next_prefix":"23"},"98":{"id":1371483,"text":"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 this Compact; and","type":"section","prefixes":["23"],"prefix":"23","entire_prefix":"23","prefix_anchor":"23","level":1,"prior_prefix":"22","next_prefix":"24"},"99":{"id":1371484,"text":"Perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact.","type":"section","prefixes":["24"],"prefix":"24","entire_prefix":"24","prefix_anchor":"24","level":1,"prior_prefix":"23","next_prefix":"24D"},"100":{"id":1371485,"text":"Meetings of the Commission.","type":"section","prefixes":["24","D"],"prefix":"D","entire_prefix":"24D","prefix_anchor":"24D","level":2,"prior_prefix":"24","next_prefix":"1"},"101":{"id":1371486,"text":"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 30 days prior to the public meeting.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"24D","next_prefix":"2"},"102":{"id":1371487,"text":"Notwithstanding subdivision 1 of this subsection, 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 subsection L of Article 9. The Commission’s legal counsel shall certify that one of the reasons justifying an emergency public meeting has been met.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"103":{"id":1371488,"text":"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.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"104":{"id":1371489,"text":"The Commission may convene in a closed, nonpublic meeting for the Commission to receive legal advice or to discuss:\n\t\t\ta. Noncompliance of a participating state with its obligations under this Compact;\t\t\tb. 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;\t\t\tc. Current or threatened discipline of a licensee or compact privilege holder by the Commission or by a participating state’s licensing authority;\t\t\td. Current, threatened, or reasonably anticipated litigation;\t\t\te. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;\t\t\tf. Accusing any person of a crime or formally censuring any person;\t\t\tg. Trade secrets or commercial or financial information that is privileged or confidential;\t\t\th. Information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;\t\t\ti. Investigative records compiled for law-enforcement purposes;\t\t\tj. 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 this Compact;\t\t\tk. Legal advice;\t\t\tl. Matters specifically exempted from disclosure to the public by federal or participating state law; and\t\t\tm. Other matters as promulgated by the Commission by rule.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"105":{"id":1371490,"text":"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.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"106":{"id":1371491,"text":"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 therefor, 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.","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"6E"},"107":{"id":1371492,"text":"Financing of the Commission.","type":"section","prefixes":["6","E"],"prefix":"E","entire_prefix":"6E","prefix_anchor":"6E","level":2,"prior_prefix":"6","next_prefix":"1"},"108":{"id":1371493,"text":"The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"6E","next_prefix":"2"},"109":{"id":1371494,"text":"The Commission may accept any and all appropriate sources of revenue, donations, and grants of money, equipment, supplies, materials, and services.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"110":{"id":1371495,"text":"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.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"111":{"id":1371496,"text":"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.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"112":{"id":1371497,"text":"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.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"5F"},"113":{"id":1371498,"text":"The executive board.","type":"section","prefixes":["5","F"],"prefix":"F","entire_prefix":"5F","prefix_anchor":"5F","level":2,"prior_prefix":"5","next_prefix":"1"},"114":{"id":1371499,"text":"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:\n\t\t\ta. Overseeing the day-to-day activities of the administration of this Compact, including compliance with the provisions of the Compact and the Commission’s rules and bylaws;\t\t\tb. 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;\t\t\tc. Ensuring compact administration services are appropriately provided, including by contract;\t\t\td. Preparing and recommending the budget;\t\t\te. Maintaining financial records on behalf of the Commission;\t\t\tf. Monitoring Compact compliance of participating states and providing compliance reports to the Commission;\t\t\tg. Establishing additional committees as necessary;\t\t\th. 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\t\t\ti. Other duties as provided in the rules or bylaws of the Commission.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"5F","next_prefix":"2"},"115":{"id":1371500,"text":"The executive board shall be composed of up to seven members:\n\t\t\ta. 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\t\t\tb. 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.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"116":{"id":1371501,"text":"The Commission may remove any member of the executive board as provided in the Commission’s bylaws.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"117":{"id":1371502,"text":"The executive board shall meet at least annually.\n\t\t\ta. 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 subdivision D 4 of this section.\t\t\tb. 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.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"118":{"id":1371503,"text":"The executive board may hold an emergency meeting when acting for the Commission to:\n\t\t\ta. Meet an imminent threat to public health, safety, or welfare;\t\t\tb. Prevent a loss of Commission or participating state funds; or\t\t\tc. Protect public health and safety.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"5G"},"119":{"id":1371504,"text":"Qualified immunity, defense, and indemnification.","type":"section","prefixes":["5","G"],"prefix":"G","entire_prefix":"5G","prefix_anchor":"5G","level":2,"prior_prefix":"5","next_prefix":"1"},"120":{"id":1371505,"text":"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 subdivision 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.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"5G","next_prefix":"2"},"121":{"id":1371506,"text":"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 his own counsel at his 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.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"122":{"id":1371507,"text":"Notwithstanding subdivision 1 of this subsection, 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.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"123":{"id":1371508,"text":"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.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"124":{"id":1371509,"text":"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.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"125":{"id":1371510,"text":"Nothing in this Compact shall be construed to be a waiver of sovereign immunity by the participating states or by the Commission.\n\t\t\tArticle 8.\t\t\tData System.","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"6A"},"126":{"id":1371511,"text":"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.","type":"section","prefixes":["6","A"],"prefix":"A","entire_prefix":"6A","prefix_anchor":"6A","level":2,"prior_prefix":"6","next_prefix":"6B"},"127":{"id":1371512,"text":"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:","type":"section","prefixes":["6","B"],"prefix":"B","entire_prefix":"6B","prefix_anchor":"6B","level":2,"prior_prefix":"6A","next_prefix":"1"},"128":{"id":1371513,"text":"Identifying information;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"6B","next_prefix":"2"},"129":{"id":1371514,"text":"Licensure data;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"130":{"id":1371515,"text":"Adverse actions against a licensee, license applicant, or compact privilege and information related thereto;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"131":{"id":1371516,"text":"Nonconfidential information related to alternative program participation, the beginning and ending dates of such participation, and other information related to such participation;","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"132":{"id":1371517,"text":"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);","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"133":{"id":1371518,"text":"The presence of significant investigative information; and","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"134":{"id":1371519,"text":"Other information that may facilitate the administration of this Compact or the protection of the public, as determined by the rules of the Commission.","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"7C"},"135":{"id":1371520,"text":"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.","type":"section","prefixes":["7","C"],"prefix":"C","entire_prefix":"7C","prefix_anchor":"7C","level":2,"prior_prefix":"7","next_prefix":"7D"},"136":{"id":1371521,"text":"Significant investigative information pertaining to a licensee in any participating state will only be available to other participating states.","type":"section","prefixes":["7","D"],"prefix":"D","entire_prefix":"7D","prefix_anchor":"7D","level":2,"prior_prefix":"7C","next_prefix":"7E"},"137":{"id":1371522,"text":"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.","type":"section","prefixes":["7","E"],"prefix":"E","entire_prefix":"7E","prefix_anchor":"7E","level":2,"prior_prefix":"7D","next_prefix":"7F"},"138":{"id":1371523,"text":"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.","type":"section","prefixes":["7","F"],"prefix":"F","entire_prefix":"7F","prefix_anchor":"7F","level":2,"prior_prefix":"7E","next_prefix":"7G"},"139":{"id":1371524,"text":"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.\n\t\t\t\tArticle 9.\t\t\t\tRulemaking.","type":"section","prefixes":["7","G"],"prefix":"G","entire_prefix":"7G","prefix_anchor":"7G","level":2,"prior_prefix":"7F","next_prefix":"7A"},"140":{"id":1371525,"text":"The Commission shall promulgate reasonable rules in order to effectively and efficiently implement and administer the purposes and provisions of this 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 this Compact, or the powers granted hereunder, or based upon another applicable standard of review.","type":"section","prefixes":["7","A"],"prefix":"A","entire_prefix":"7A","prefix_anchor":"7A","level":2,"prior_prefix":"7G","next_prefix":"7B"},"141":{"id":1371526,"text":"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.","type":"section","prefixes":["7","B"],"prefix":"B","entire_prefix":"7B","prefix_anchor":"7B","level":2,"prior_prefix":"7A","next_prefix":"7C"},"142":{"id":1371527,"text":"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.","type":"section","prefixes":["7","C"],"prefix":"C","entire_prefix":"7C","prefix_anchor":"7C","level":2,"prior_prefix":"7B","next_prefix":"7D"},"143":{"id":1371528,"text":"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 this 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 this Compact.","type":"section","prefixes":["7","D"],"prefix":"D","entire_prefix":"7D","prefix_anchor":"7D","level":2,"prior_prefix":"7C","next_prefix":"7E"},"144":{"id":1371529,"text":"Rules shall be adopted at a regular or special meeting of the Commission.","type":"section","prefixes":["7","E"],"prefix":"E","entire_prefix":"7E","prefix_anchor":"7E","level":2,"prior_prefix":"7D","next_prefix":"7F"},"145":{"id":1371530,"text":"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.","type":"section","prefixes":["7","F"],"prefix":"F","entire_prefix":"7F","prefix_anchor":"7F","level":2,"prior_prefix":"7E","next_prefix":"7G"},"146":{"id":1371531,"text":"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:","type":"section","prefixes":["7","G"],"prefix":"G","entire_prefix":"7G","prefix_anchor":"7G","level":2,"prior_prefix":"7F","next_prefix":"1"},"147":{"id":1371532,"text":"On the website of the Commission or other publicly accessible platform;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"7G","next_prefix":"2"},"148":{"id":1371533,"text":"To persons who have requested notice of the Commission’s notices of proposed rulemaking; and","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"149":{"id":1371534,"text":"In such other way(s) as the Commission may by rule specify.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"3H"},"150":{"id":1371535,"text":"The notice of proposed rulemaking shall include:","type":"section","prefixes":["3","H"],"prefix":"H","entire_prefix":"3H","prefix_anchor":"3H","level":2,"prior_prefix":"3","next_prefix":"1"},"151":{"id":1371536,"text":"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;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"3H","next_prefix":"2"},"152":{"id":1371537,"text":"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;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"153":{"id":1371538,"text":"The text of the proposed rule and the reason therefor;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"154":{"id":1371539,"text":"A request for comments on the proposed rule from any interested person; and","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"155":{"id":1371540,"text":"The manner in which interested persons may submit written comments.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"5I"},"156":{"id":1371541,"text":"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.","type":"section","prefixes":["5","I"],"prefix":"I","entire_prefix":"5I","prefix_anchor":"5I","level":2,"prior_prefix":"5","next_prefix":"5J"},"157":{"id":1371542,"text":"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.","type":"section","prefixes":["5","J"],"prefix":"J","entire_prefix":"5J","prefix_anchor":"5J","level":2,"prior_prefix":"5I","next_prefix":"5K"},"158":{"id":1371543,"text":"The Commission shall, by majority vote of all commissioners, take final action on the proposed rule based on the rulemaking record.","type":"section","prefixes":["5","K"],"prefix":"K","entire_prefix":"5K","prefix_anchor":"5K","level":2,"prior_prefix":"5J","next_prefix":"1"},"159":{"id":1371544,"text":"The Commission may adopt changes to the proposed rule provided the changes do not enlarge the original purpose of the proposed rule.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"5K","next_prefix":"2"},"160":{"id":1371545,"text":"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.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"161":{"id":1371546,"text":"The Commission shall determine a reasonable effective date for the rule. Except for an emergency as provided in subsection L of this section, 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.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"3L"},"162":{"id":1371547,"text":"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 this Compact and in this section 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:","type":"section","prefixes":["3","L"],"prefix":"L","entire_prefix":"3L","prefix_anchor":"3L","level":2,"prior_prefix":"3","next_prefix":"1"},"163":{"id":1371548,"text":"Meet an imminent threat to public health, safety, or welfare;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"3L","next_prefix":"2"},"164":{"id":1371549,"text":"Prevent a loss of Commission or participating state funds;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"165":{"id":1371550,"text":"Meet a deadline for the promulgation of a rule that is established by federal law or rule; or","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"166":{"id":1371551,"text":"Protect public health and safety.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"4M"},"167":{"id":1371552,"text":"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.","type":"section","prefixes":["4","M"],"prefix":"M","entire_prefix":"4M","prefix_anchor":"4M","level":2,"prior_prefix":"4","next_prefix":"4N"},"168":{"id":1371553,"text":"No participating state’s rulemaking requirements shall apply under this Compact.\n\t\t\t\tArticle 10.\t\t\t\tOversight, Dispute Resolution, and Enforcement.","type":"section","prefixes":["4","N"],"prefix":"N","entire_prefix":"4N","prefix_anchor":"4N","level":2,"prior_prefix":"4M","next_prefix":"4A"},"169":{"id":1371554,"text":"Oversight.","type":"section","prefixes":["4","A"],"prefix":"A","entire_prefix":"4A","prefix_anchor":"4A","level":2,"prior_prefix":"4N","next_prefix":"1"},"170":{"id":1371555,"text":"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.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"4A","next_prefix":"2"},"171":{"id":1371556,"text":"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.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"172":{"id":1371557,"text":"The Commission shall be entitled to receive service of process in any proceeding regarding the enforcement or interpretation of this Compact or a 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.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"3B"},"173":{"id":1371558,"text":"Default, technical assistance, and termination.","type":"section","prefixes":["3","B"],"prefix":"B","entire_prefix":"3B","prefix_anchor":"3B","level":2,"prior_prefix":"3","next_prefix":"1"},"174":{"id":1371559,"text":"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.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"3B","next_prefix":"2"},"175":{"id":1371560,"text":"The Commission shall provide a copy of the notice of default to the other participating states.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"2C"},"176":{"id":1371561,"text":"If a state in default fails to cure the default, the defaulting state may be terminated from this 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.","type":"section","prefixes":["2","C"],"prefix":"C","entire_prefix":"2C","prefix_anchor":"2C","level":2,"prior_prefix":"2","next_prefix":"2D"},"177":{"id":1371562,"text":"Termination of participation in this 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.","type":"section","prefixes":["2","D"],"prefix":"D","entire_prefix":"2D","prefix_anchor":"2D","level":2,"prior_prefix":"2C","next_prefix":"2E"},"178":{"id":1371563,"text":"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.","type":"section","prefixes":["2","E"],"prefix":"E","entire_prefix":"2E","prefix_anchor":"2E","level":2,"prior_prefix":"2D","next_prefix":"2F"},"179":{"id":1371564,"text":"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.","type":"section","prefixes":["2","F"],"prefix":"F","entire_prefix":"2F","prefix_anchor":"2F","level":2,"prior_prefix":"2E","next_prefix":"2G"},"180":{"id":1371565,"text":"The Commission shall not bear any costs related to a state that is found to be in default or that has been terminated from this Compact, unless agreed upon in writing between the Commission and the defaulting state.","type":"section","prefixes":["2","G"],"prefix":"G","entire_prefix":"2G","prefix_anchor":"2G","level":2,"prior_prefix":"2F","next_prefix":"2H"},"181":{"id":1371566,"text":"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 fees.","type":"section","prefixes":["2","H"],"prefix":"H","entire_prefix":"2H","prefix_anchor":"2H","level":2,"prior_prefix":"2G","next_prefix":"2I"},"182":{"id":1371567,"text":"Dispute resolution.","type":"section","prefixes":["2","I"],"prefix":"I","entire_prefix":"2I","prefix_anchor":"2I","level":2,"prior_prefix":"2H","next_prefix":"1"},"183":{"id":1371568,"text":"Upon request by a participating state, the Commission shall attempt to resolve disputes related to this Compact that arise among participating states and between participating states and nonparticipating states.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"2I","next_prefix":"2"},"184":{"id":1371569,"text":"The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"2J"},"185":{"id":1371570,"text":"Enforcement.","type":"section","prefixes":["2","J"],"prefix":"J","entire_prefix":"2J","prefix_anchor":"2J","level":2,"prior_prefix":"2","next_prefix":"1"},"186":{"id":1371571,"text":"The Commission, in the reasonable exercise of its discretion, shall enforce the provisions of this Compact and the Commission’s rules.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"2J","next_prefix":"2"},"187":{"id":1371572,"text":"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 this 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 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.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"188":{"id":1371573,"text":"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 this 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 fees.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"189":{"id":1371574,"text":"No individual or entity other than a participating state may enforce this Compact against the Commission.\n\t\t\tArticle 11.\t\t\tEffective Date, Withdrawal, and Amendment.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"4A"},"190":{"id":1371575,"text":"This Compact shall come into effect on the date on which the compact statute is enacted into law in the seventh participating state.","type":"section","prefixes":["4","A"],"prefix":"A","entire_prefix":"4A","prefix_anchor":"4A","level":2,"prior_prefix":"4","next_prefix":"1"},"191":{"id":1371576,"text":"On or after the effective date of this 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.\n\t\t\ta. 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.\t\t\tb. 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.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"4A","next_prefix":"2"},"192":{"id":1371577,"text":"Participating states enacting the Compact subsequent to the charter participating states shall be subject to the process set forth in subdivision C 23 of Article 7 to determine if their enactments are materially different from the model compact and whether they qualify for participation in the Compact.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"193":{"id":1371578,"text":"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.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"194":{"id":1371579,"text":"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.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"4B"},"195":{"id":1371580,"text":"Any participating state may withdraw from this Compact by enacting a statute repealing that state’s enactment of the Compact.","type":"section","prefixes":["4","B"],"prefix":"B","entire_prefix":"4B","prefix_anchor":"4B","level":2,"prior_prefix":"4","next_prefix":"1"},"196":{"id":1371581,"text":"A participating state’s withdrawal shall not take effect until 180 days after enactment of the repealing statute.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"4B","next_prefix":"2"},"197":{"id":1371582,"text":"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.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"198":{"id":1371583,"text":"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.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"3C"},"199":{"id":1371584,"text":"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.","type":"section","prefixes":["3","C"],"prefix":"C","entire_prefix":"3C","prefix_anchor":"3C","level":2,"prior_prefix":"3","next_prefix":"3D"},"200":{"id":1371585,"text":"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.\n\t\t\t\tArticle 12.\t\t\t\tConstruction and Severability.","type":"section","prefixes":["3","D"],"prefix":"D","entire_prefix":"3D","prefix_anchor":"3D","level":2,"prior_prefix":"3C","next_prefix":"3A"},"201":{"id":1371586,"text":"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.","type":"section","prefixes":["3","A"],"prefix":"A","entire_prefix":"3A","prefix_anchor":"3A","level":2,"prior_prefix":"3D","next_prefix":"3B"},"202":{"id":1371587,"text":"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.","type":"section","prefixes":["3","B"],"prefix":"B","entire_prefix":"3B","prefix_anchor":"3B","level":2,"prior_prefix":"3A","next_prefix":"3C"},"203":{"id":1371588,"text":"Notwithstanding subsection B of this section, the Commission may deny a state’s participation in this Compact or, in accordance with the requirements of subsection B of Article 10, 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.\n\t\t\t\tArticle 13.\t\t\t\tConsistent Effect and Conflict with Other State Laws.","type":"section","prefixes":["3","C"],"prefix":"C","entire_prefix":"3C","prefix_anchor":"3C","level":2,"prior_prefix":"3B","next_prefix":"3A"},"204":{"id":1371589,"text":"Nothing herein shall prevent or inhibit the enforcement of any other law of a participating state that is not inconsistent with this Compact.","type":"section","prefixes":["3","A"],"prefix":"A","entire_prefix":"3A","prefix_anchor":"3A","level":2,"prior_prefix":"3C","next_prefix":"3B"},"205":{"id":1371590,"text":"Any laws, statutes, regulations, or other legal requirements in a participating state in conflict with this Compact are superseded to the extent of the conflict.","type":"section","prefixes":["3","B"],"prefix":"B","entire_prefix":"3B","prefix_anchor":"3B","level":2,"prior_prefix":"3A","next_prefix":"3C"},"206":{"id":1371591,"text":"All permissible agreements between the Commission and the participating states are binding in accordance with their terms.","type":"section","prefixes":["3","C"],"prefix":"C","entire_prefix":"3C","prefix_anchor":"3C","level":2,"prior_prefix":"3B"}},"ancestry":[{"id":52494,"edition_id":2,"name":"Dentist and Dental Hygienist Compact","identifier":"5","label":"article","depth":4,"order_by":4,"parent_id":52489,"metadata":{"child_laws":1,"child_structures":0},"date_created":"2026-08-02 02:59:43","date_modified":"2026-08-02 12:35:03","permalink":{"id":1468725,"object_type":"structure","relational_id":52494,"identifier":"5","token":"54.1\/III\/27\/5","url":"\/54.1\/III\/27\/5\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52489,"edition_id":2,"name":"Dentistry","identifier":"27","label":"chapter","depth":3,"order_by":6,"parent_id":52479,"metadata":{"child_laws":47,"child_structures":5},"date_created":"2026-08-02 02:59:38","date_modified":"2026-08-02 12:35:02","permalink":{"id":1468531,"object_type":"structure","relational_id":52489,"identifier":"27","token":"54.1\/III\/27","url":"\/54.1\/III\/27\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52479,"edition_id":2,"name":"Professions and Occupations Regulated by Boards Within the Department of Health Professions","identifier":"III","label":"subtitle","depth":2,"order_by":3,"parent_id":52436,"metadata":{"child_laws":738,"child_structures":83},"date_created":"2026-08-02 02:59:23","date_modified":"2026-08-02 12:35:00","permalink":{"id":1468107,"object_type":"structure","relational_id":52479,"identifier":"III","token":"54.1\/III","url":"\/54.1\/III\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52436,"edition_id":2,"name":"Professions and Occupations","identifier":"54.1","label":"title","depth":1,"order_by":118,"parent_id":null,"metadata":{"child_laws":1282,"child_structures":163},"date_created":"2026-08-02 02:58:52","date_modified":"2026-08-02 12:34:51","permalink":{"id":1466315,"object_type":"structure","relational_id":52436,"identifier":"54.1","token":"54.1","url":"\/54.1\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":368307,"structure_id":52494,"section_number":"54.1-2729.02","catch_line":"(Contingent effective date \u2014 See Article 11) Dentist and Dental Hygienist Compact","url":"\/54.1-2729.02\/","token":"54.1\/III\/27\/5\/54.1-2729.02","metadata":false}],"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/54.1-2729.02\/","references":false,"refers_to":false,"permalink":{"id":1468727,"object_type":"law","relational_id":368307,"identifier":"54.1-2729.02","token":"54.1\/III\/27\/5\/54.1-2729.02","url":"\/54.1-2729.02\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/54.1-2729.02\/","token":"54.1\/III\/27\/5\/54.1-2729.02","dublin_core":{"Title":"(Contingent effective date \u2014 See Article 11) Dentist and Dental Hygienist Compact","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-2729.02","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The General Assembly hereby enacts, and the Commonwealth of Virginia hereby enters into, the Dentist<\/span> and Dental Hygienist<\/span> Compact with any and all states legally joining therein according to its terms, in the form substantially as follows:

\t\tDENTIST<\/span> AND DENTAL HYGIENIST<\/span> COMPACT.

\t\tArticle 1.

\t\tTitle; Purpose.

\t\tThis article shall be known and cited as the Dentist<\/span> and Dental Hygienist<\/span> Compact. The purposes of this Compact are to facilitate the interstate practice of dentistry<\/span> and dental hygiene<\/span> and improve public access to dentistry<\/span> and dental hygiene<\/span> services by providing dentists<\/span> and dental hygienists<\/span> licensed in a participating state<\/span> the ability to practice in participating states<\/span> in which they are not licensed. The Compact does this by establishing a pathway for dentists<\/span> and dental hygienists<\/span> licensed in a participating state<\/span> to obtain a compact privilege<\/span> that authorizes them to practice in another participating state<\/span> in which they are not licensed. The Compact enables participating states<\/span> to protect the public health and safety with respect to the practice of such dentists<\/span> and dental hygienists<\/span>, through the state’s authority to regulate the practice of dentistry<\/span> and dental hygiene<\/span> in the state. The Compact:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Enables dentists<\/span> and dental hygienists<\/span> who qualify for a compact privilege<\/span> to practice in other participating states<\/span> without satisfying burdensome and duplicative requirements associated with securing a license<\/span> to practice in those states; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Promotes mobility and addresses workforce shortages through each participating state<\/span>’s acceptance of a compact privilege<\/span> to practice in that state; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Increases public access to qualified licensed dentists<\/span> and dental hygienists<\/span> by creating a responsible, streamlined pathway for licensees<\/span> to practice in participating states<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Enhances the ability of participating states<\/span> to protect the public’s health and safety; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Does not interfere with licensure requirements established by a participating state<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Facilitates the sharing of licensure and disciplinary information among participating states<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Requires dentists<\/span> and dental hygienists<\/span> who practice in a participating state<\/span> pursuant to a compact privilege<\/span> to practice within the scope of practice<\/span> authorized in that state; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Extends the authority of a participating state<\/span> to regulate the practice of dentistry<\/span> and dental hygiene<\/span> within its borders to dentists<\/span> and dental hygienists<\/span> who practice in the state through a compact privilege<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Promotes the cooperation of participating states<\/span> in regulating the practice of dentistry<\/span> and dental hygiene<\/span> within those states; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Facilitates the relocation of military members and their spouses who are licensed to practice dentistry<\/span> or dental hygiene<\/span>.\n\t\t\tArticle 2.

\t\t\tDefinitions.

\t\t\tAs used in this Compact, unless the context requires otherwise, the following definitions shall apply:

\t\t\t“Active military member<\/span>” means any person with full-time duty status in the Armed Forces of the United States, including members of the National Guard and Reserve.

\t\t\t“Adverse action<\/span>” means disciplinary action or encumbrance imposed on a license or compact privilege<\/span> by a state licensing authority<\/span>.

\t\t\t“Alternative program<\/span>” means a nondisciplinary monitoring or practice remediation process applicable to a dentist or dental hygienist approved by a state licensing authority<\/span> of a participating state<\/span> in which the dentist or dental hygienist is licensed. This includes, but is not limited to, programs to which licensees<\/span> with substance abuse or addiction issues<\/span> are referred in lieu of adverse action<\/span>.

\t\t\t“Clinical assessment<\/span>” means an examination or process required for licensure as a dentist or dental hygienist, as applicable, that provides evidence<\/span> of clinical competence in dentistry<\/span> or dental hygiene<\/span>.

\t\t\t“Commissioner<\/span>” means the individual appointed by a participating state<\/span> to serve as the member of the Commission for that participating state<\/span>.

\t\t\t“Compact” means this Dentist and Dental Hygienist Compact.

\t\t\t“Compact privilege<\/span>” means the authorization granted by a remote state<\/span> to allow a licensee<\/span> from a participating state<\/span> to practice as a dentist or dental hygienist in a remote state<\/span>.

\t\t\t“Continuing professional development<\/span>” means a requirement, as a condition of license renewal to provide evidence<\/span> of successful participation in educational or professional activities relevant to practice or area of work.

\t\t\t“Criminal background check<\/span>” 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. \u00a7 20.3(d) from the Federal Bureau of Investigation and the state’s criminal history record repository as defined in 28 C.F.R. \u00a7 20.3(f).

\t\t\t“Data system<\/span>” means the Commission’s repository of information about licensees<\/span>, including but not limited to examination, licensure, investigative, compact privilege<\/span>, adverse action<\/span>, and alternative program<\/span> information.

\t\t\t“Dental hygienist” means an individual who is licensed by a state licensing authority<\/span> to practice dental hygiene<\/span>.

\t\t\t“Dentist” means an individual who is licensed by a state licensing authority<\/span> to practice dentistry<\/span>.

\t\t\t“Dentist and Dental Hygienist Compact Commission<\/span>” 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<\/span> from each state that has enacted this Compact.

\t\t\t“Encumbered license<\/span>” means a license that a state licensing authority<\/span> has limited in any way other than through an alternative program<\/span>.

\t\t\t“Executive board<\/span>” means the chair, vice chair, secretary, and treasurer and any other commissioners<\/span> as may be determined by commission rule<\/span> or bylaw.

\t\t\t“Jurisprudence requirement<\/span>” means the assessment of an individual’s knowledge of the laws<\/span> and rules<\/span> governing the practice of dentistry<\/span> or dental hygiene<\/span>, as applicable, in a state.

\t\t\t“License” means current authorization by a state, other than authorization pursuant to a compact privilege<\/span>, or other privilege, for an individual to practice as a dentist or dental hygienist in that state.

\t\t\t“Licensee<\/span>” means an individual who holds an unrestricted license from a participating state<\/span> to practice as a dentist or dental hygienist in that state.

\t\t\t“Model compact<\/span>” 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.

\t\t\t“Participating state<\/span>” means a state that has enacted this Compact and been admitted to the Commission in accordance with the provisions herein and commission rules<\/span>.

\t\t\t“Qualifying license<\/span>” means a license that is not an encumbered license<\/span> issued by a participating state<\/span> to practice dentistry<\/span> or dental hygiene<\/span>.

\t\t\t“Remote state<\/span>” means a participating state<\/span> where a licensee<\/span> who is not licensed as a dentist or dental hygienist is exercising or seeking to exercise the compact privilege<\/span>.

\t\t\t“Rule<\/span>” means a regulation promulgated by an entity that has the force of law.

\t\t\t“Scope of practice<\/span>” 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<\/span> 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<\/span>, regulations, case law<\/span>, and other processes, available to the state licensing authority<\/span> or other government agency.

\t\t\t“Significant investigative information<\/span>” means information, records, and documents received or generated by a state licensing authority<\/span> pursuant to an investigation for which a determination has been made that there is probable cause<\/span> to believe that the licensee<\/span> has violated a statute<\/span> or regulation that is considered more than a minor<\/span> infraction for which the state licensing authority<\/span> could pursue adverse action<\/span> against the licensee<\/span>.

\t\t\t“State” means any state, commonwealth, district, or territory of the United States that regulates the practices of dentistry<\/span> and dental hygiene<\/span>.

\t\t\t“State licensing authority<\/span>” means an agency or other entity of a state that is responsible for the licensing and regulation of dentists<\/span> or dental hygienists<\/span>.

\t\t\tArticle 3.

\t\t\tState Participation in the Compact. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> In order<\/span> to join this Compact and thereafter continue as a participating state<\/span>, a state must: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Enact a compact that is not materially different from the model compact<\/span> as determined in accordance with Commission rules<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Participate fully in the Commission’s data system<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Have a mechanism in place for receiving and investigating complaints about its licensees<\/span> and license applicants; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Notify the Commission, in compliance with the terms of this Compact and Commission rules<\/span>, of any adverse action<\/span> or the availability of significant investigative information<\/span> regarding a licensee<\/span> and license applicant; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Fully implement a criminal background check<\/span> requirement, within a time frame established by Commission rule<\/span>, by receiving the results of a qualifying criminal background check<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Comply with the Commission rules<\/span> applicable to a participating state<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Accept the National Board Examinations of the Joint Commission on National Dental Examinations or another examination accepted by Commission rule<\/span> as a licensure examination; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Accept for licensure such applicants for a dentist license who graduate from a predoctoral dental education program accredited by the Commission on Dental Accreditation, or another accrediting agency recognized by the U.S. Department of Education for the accreditation of dentistry<\/span> and dental hygiene<\/span> education programs, resulting in the Doctor of Dental Surgery (D.D.S.) or Doctor of Dental Medicine (D.M.D.) degree; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Accept for licensure such applicants for a dental hygienist license who graduate from a dental hygiene<\/span> education program accredited by the Commission on Dental Accreditation or another accrediting agency recognized by the U.S. Department of Education for the accreditation of dentistry<\/span> and dental hygiene<\/span> education programs; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Require for licensure that applicants successfully complete a clinical assessment<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> Have continuing professional development<\/span> requirements as a condition for license renewal; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> Pay a participation fee to the Commission as established by Commission rule<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Providing alternative pathways for an individual to obtain an unrestricted license does not disqualify a state from participating in this Compact. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> When conducting a criminal background check<\/span>, the state licensing authority<\/span> shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Consider such information in making a licensure decision; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Maintain documentation of completion of the criminal background check<\/span> and background check information to the extent allowed by state and federal law; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Report to the Commission whether it has completed the criminal background check<\/span> and whether the individual was granted or denied a license. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A licensee<\/span> of a participating state<\/span> who has a qualifying license<\/span> in that state and does not hold an encumbered license<\/span> in any other participating state<\/span> shall be issued a compact privilege<\/span> in a remote state<\/span> in accordance with the terms of this Compact and Commission rules<\/span>. If a remote state<\/span> has a jurisprudence requirement<\/span>, a compact privilege<\/span> will not be issued to the licensee<\/span> unless the licensee<\/span> has satisfied the jurisprudence requirement<\/span>.\n\t\t\t\tArticle 4.

\t\t\t\tCompact Privilege<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> To obtain and exercise the compact privilege<\/span> under the terms and provisions of this Compact, the licensee<\/span> shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Have a qualifying license<\/span> as a dentist or dental hygienist in a participating state<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Be eligible for a compact privilege<\/span> in any remote state<\/span> in accordance with subsections D, G, and H of this section; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Submit to an application process whenever the licensee<\/span> is seeking a compact privilege<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Pay any applicable Commission and remote state<\/span> fees for a compact privilege<\/span> in the remote state<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Meet any jurisprudence requirement<\/span> established by a remote state<\/span> in which the licensee<\/span> is seeking a compact privilege<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Have passed a National Board Examination of the Joint Commission on National Dental Examinations or another examination accepted by Commission rule<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> 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 U.S. Department of Education for the accreditation of dentistry<\/span> and dental hygiene<\/span> education programs, resulting in the Doctor of Dental Surgery (D.D.S.) or Doctor of Dental Medicine (D.M.D.) degree; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> For a dental hygienist, have graduated from a dental hygiene<\/span> education program accredited by the Commission on Dental Accreditation or another accrediting agency recognized by the U.S. Department of Education for the accreditation of dentistry<\/span> and dental hygiene<\/span> education programs; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Have successfully completed a clinical assessment<\/span> for licensure; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Report to the Commission adverse action<\/span> taken by any nonparticipating state when applying for a compact privilege<\/span> and, otherwise, within 30 days from the date the adverse action<\/span> is taken; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> Report to the Commission when applying for a compact privilege<\/span> the address of the licensee<\/span>’s primary residence and thereafter immediately report to the Commission any change in the address of the licensee<\/span>’s primary residence; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> Consent to accept service of process<\/span> by mail at the licensee<\/span>’s primary residence on record with the Commission with respect to any action brought against the licensee<\/span> by the Commission or a participating state<\/span>, and consent to accept service of a subpoena<\/span> by mail at the licensee<\/span>’s primary residence on record with the Commission with respect to any action brought or investigation conducted by the Commission or a participating state<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The licensee<\/span> must comply with the requirements of subsection A of this section to maintain the compact privilege<\/span> in the remote state<\/span>. If those requirements are met, the compact privilege<\/span> will continue as long as the licensee<\/span> maintains a qualifying license<\/span> in the state through which the licensee<\/span> applied for the compact privilege<\/span> and pays any applicable compact privilege<\/span> renewal fees. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A licensee<\/span> providing dentistry<\/span> or dental hygiene<\/span> in a remote state<\/span> under the compact privilege<\/span> shall function within the scope of practice<\/span> authorized by the remote state<\/span> for a dentist or dental hygienist licensed in that state. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A licensee<\/span> providing dentistry<\/span> or dental hygiene<\/span> pursuant to a compact privilege<\/span> in a remote state<\/span> is subject to that state’s regulatory authority. A remote state<\/span> may, in accordance with due process<\/span> and that state’s laws<\/span>, by adverse action<\/span> revoke or remove a licensee<\/span>’s compact privilege<\/span> in the remote state<\/span> 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<\/span> imposes an adverse action<\/span> against a compact privilege<\/span> that limits the compact privilege<\/span>, that adverse action<\/span> applies to all compact privileges<\/span> in all remote states<\/span>. A licensee<\/span> whose compact privilege<\/span> in a remote state<\/span> is removed for a specified period of time is not eligible for a compact privilege<\/span> in any other remote state<\/span> until the specific time for removal of the compact privilege<\/span> has passed and all encumbrance requirements are satisfied. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If a license in a participating state<\/span> is an encumbered license<\/span>, the licensee<\/span> shall lose the compact privilege<\/span> in a remote state<\/span> and shall not be eligible for a compact privilege<\/span> in any remote state<\/span> until the license is no longer encumbered. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Once an encumbered license<\/span> in a participating state<\/span> is restored to good standing, the licensee<\/span> must meet the requirements of subsection A of this section to obtain a compact privilege<\/span> in a remote state<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> If a licensee<\/span>’s compact privilege<\/span> in a remote state<\/span> is removed by the remote state<\/span>, the individual shall lose or be ineligible for the compact privilege<\/span> in any remote state<\/span> until the following occur: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The specific period of time for which the compact privilege<\/span> was removed has ended; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> All conditions for removal of the compact privilege<\/span> have been satisfied. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Once the requirements of subsection G of this section have been met, the licensee<\/span> must meet the requirements in subsection A of this section to obtain a compact privilege<\/span> in a remote state<\/span>.\n\t\t\t\tArticle 5.

\t\t\t\tActive Military Members<\/span> or Their Spouses.

\t\t\t\tActive military members<\/span> and their spouses shall not be required to pay to the Commission the fee otherwise charged by the Commission for a compact privilege<\/span>. If a remote state<\/span> chooses to charge a fee for a compact privilege<\/span>, it may choose to charge a reduced fee or no fee to active military members<\/span> and their spouses for a compact privilege<\/span>.

\t\t\t\tArticle 6.

\t\t\t\tAdverse Actions<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> A participating state<\/span> in which a licensee<\/span> is licensed shall have exclusive authority to impose adverse action<\/span> against the qualifying license<\/span> issued by that participating state<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A participating state<\/span> may take adverse action<\/span> based on the significant investigative information<\/span> of a remote state<\/span>, so long as the participating state<\/span> follows its own procedures for imposing adverse action<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Nothing in this Compact shall override a participating state<\/span>’s decision that participation in an alternative program<\/span> may be used in lieu of adverse action<\/span> and that such participation shall remain nonpublic if required by the participating state<\/span>’s laws<\/span>. Participating states<\/span> must require licensees<\/span> who enter any alternative program<\/span> in lieu of discipline to agree not to practice pursuant to a compact privilege<\/span> in any other participating state<\/span> during the term of the alternative program<\/span> without prior authorization from such other participating state<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any participating state<\/span> in which a licensee<\/span> is applying to practice or is practicing pursuant to a compact privilege<\/span> may investigate actual or alleged violations of the statutes<\/span> and regulations authorizing the practice of dentistry<\/span> or dental hygiene<\/span> in any other participating state<\/span> in which the dentist or dental hygienist holds a license or compact privilege<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> A remote state<\/span> shall have the authority to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Take adverse actions<\/span> as set forth in subsection D of Article 4 against a licensee<\/span>’s compact privilege<\/span> in the state; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> In furtherance of its rights and responsibilities under this Compact and the Commission’s rules<\/span> issue<\/span> subpoenas<\/span> for both hearings<\/span> and investigations that require the attendance and testimony<\/span> of witnesses and the production of evidence<\/span>. Subpoenas<\/span> issued by a state licensing authority<\/span> in a participating state<\/span> for the attendance and testimony<\/span> of witnesses, or the production of evidence<\/span> from another participating state<\/span>, shall be enforced in the latter state by any court<\/span> of competent jurisdiction<\/span>, according to the practice and procedure of that court<\/span> applicable to subpoenas<\/span> issued in proceedings pending before it. The issuing authority shall pay any witness<\/span> fees, travel expenses, mileage, and other fees required by the service statutes<\/span> of the state where the witnesses or evidence<\/span> are located; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> If otherwise permitted by state law, recover from the licensee<\/span> the costs of investigations and disposition<\/span> of cases resulting from any adverse action<\/span> taken against that licensee<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Joint investigations. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> In addition to the authority granted to a participating state<\/span> by its dentist or dental hygienist licensure act or other applicable state law, a participating state<\/span> may jointly investigate licensees<\/span> with other participating states<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Participating states<\/span> shall share any significant investigative information<\/span>, litigation<\/span>, or compliance materials<\/span> in furtherance of any joint or individual investigation initiated under this Compact. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Authority to continue investigation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> After a licensee<\/span>’s compact privilege<\/span> in a remote state<\/span> is terminated, the remote state<\/span> may continue an investigation of the licensee<\/span> that began when the licensee<\/span> had a compact privilege<\/span> in that remote state<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If the investigation yields what would be significant investigative information<\/span> had the licensee<\/span> continued to have a compact privilege<\/span> in that remote state<\/span>, the remote state<\/span> shall report the presence of such information to the data system<\/span> as required by subdivision B 6 of Article 8 as if it was significant investigative information<\/span>.\n\t\t\tArticle 7.

\t\t\tEstablishment and Operation of the Dentist and Dental Hygienist Compact Commission<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> The Compact participating states<\/span> hereby create and establish a joint government agency whose membership consists of all participating states<\/span> that have enacted the Compact. The Dentist and Dental Hygienist Compact Commission<\/span> is an instrumentality of the participating states<\/span> 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 subsection A of Article 11. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Participation, voting, and meetings. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Each participating state<\/span> shall have and be limited to one commissioner<\/span> selected by that participating state<\/span>’s state licensing authority<\/span> or, if the state has more than one state licensing authority<\/span>, selected collectively by the state licensing authorities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The commissioner<\/span> shall be a member or designee of such authority or authorities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The Commission may by rule<\/span> or bylaw establish a term of office for commissioners<\/span> and may by rule<\/span> or bylaw establish term limits. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The Commission may recommend to a state licensing authority<\/span> or authorities, as applicable, removal or suspension of an individual as the state’s commissioner<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> A participating state<\/span>’s state licensing authority<\/span>, or authorities, as applicable, shall fill any vacancy of its commissioner<\/span> on the Commission within 60 days of the vacancy. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Each commissioner<\/span> shall be entitled to one vote on all matters that are voted upon by the Commission. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Commission shall have the following powers: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Establish the fiscal year of the Commission; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Establish a code of conduct and conflict of interest<\/span> policies; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Adopt rules<\/span> and bylaws; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Maintain its financial records in accordance with the bylaws; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Meet and take such actions as are consistent with the provisions of this Compact, the Commission’s rules<\/span>, and the bylaws; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Initiate and conclude legal proceedings or actions in the name of the Commission, provided that the standing of any state licensing authority<\/span> to sue or be sued under applicable law shall not be affected; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Maintain and certify records and information provided to a participating state<\/span> as the authenticated business records of the Commission and designate a person to do so on the Commission’s behalf; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Purchase and maintain insurance and bonds<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Borrow, accept, or contract<\/span> for services of personnel, including, but not limited to, employees of a participating state<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Conduct an annual financial review; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of this Compact, and establish the Commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> As set forth in the Commission rules<\/span>, charge a fee to a licensee<\/span> for the grant of a compact privilege<\/span> in a remote state<\/span> and thereafter, as may be established by Commission rule<\/span>, charge the licensee<\/span> a compact privilege<\/span> renewal fee for each renewal period in which that licensee<\/span> exercises or intends to exercise the compact privilege<\/span> in that remote state<\/span>. Nothing herein shall be construed to prevent a remote state<\/span> from charging a licensee<\/span> a fee for a compact privilege<\/span> or renewals of a compact privilege<\/span>, or a fee for the jurisprudence requirement<\/span> if the remote state<\/span> imposes such a requirement for the grant of a compact privilege<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

13.<\/span> Accept any and all appropriate gifts, donations, grants of money, other sources of revenue, equipment, supplies, materials<\/span>, and services, and receive, utilize, and dispose of the same, provided that at all times the Commission shall avoid any appearance<\/span> of impropriety and\/or conflict of interest<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

14.<\/span> Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or mixed, or any undivided interest therein; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

15.<\/span> Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

16.<\/span> Establish a budget and make expenditures; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

17.<\/span> Borrow money; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

18.<\/span> 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; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

19.<\/span> Provide and receive information from, and cooperate with, law-enforcement agencies; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

20.<\/span> Elect a chair, vice chair, secretary, and treasurer and such other officers of the Commission as provided in the Commission’s bylaws; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

21.<\/span> Establish and elect an executive board<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

22.<\/span> Adopt and provide to the participating states<\/span> an annual report; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

23.<\/span> Determine whether a state’s enacted compact is materially different from the model compact<\/span> language such that the state would not qualify for participation in this Compact; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

24.<\/span> Perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Meetings of the Commission. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> 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 30 days prior to the public meeting. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Notwithstanding subdivision 1 of this subsection, 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<\/span>, for any of the reasons it may dispense with notice of proposed rulemaking under subsection L of Article 9. The Commission’s legal counsel<\/span> shall certify that one of the reasons justifying an emergency public meeting has been met. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The Commission may convene in a closed, nonpublic meeting for the Commission to receive legal advice or to discuss:\n\t\t\ta. Noncompliance of a participating state<\/span> with its obligations under this Compact;

\t\t\tb. 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;

\t\t\tc. Current or threatened discipline of a licensee<\/span> or compact privilege<\/span> holder by the Commission or by a participating state<\/span>’s licensing authority;

\t\t\td. Current, threatened, or reasonably anticipated litigation<\/span>;

\t\t\te. Negotiation of contracts<\/span> for the purchase, lease, or sale of goods, services, or real estate;

\t\t\tf. Accusing any person of a crime<\/span> or formally censuring any person;

\t\t\tg. Trade secrets or commercial or financial information that is privileged or confidential;

\t\t\th. Information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

\t\t\ti. Investigative records compiled for law-enforcement purposes;

\t\t\tj. 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<\/span> pursuant to this Compact;

\t\t\tk. Legal advice;

\t\t\tl. Matters specifically exempted from disclosure to the public by federal or participating state<\/span> law; and

\t\t\tm. Other matters as promulgated by the Commission by rule<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> 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 therefor, 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<\/span> of a court<\/span> of competent jurisdiction<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Financing of the Commission. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The Commission may accept any and all appropriate sources of revenue, donations, and grants of money, equipment, supplies, materials<\/span>, and services. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The Commission may levy<\/span> on and collect an annual assessment from each participating state<\/span> and impose fees on licensees<\/span> of participating states<\/span> when a compact privilege<\/span> 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<\/span> shall be allocated based upon a formula that the Commission shall promulgate by rule<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> 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<\/span>, except by and with the authority of the participating state<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The executive board<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The executive board<\/span> 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<\/span> shall include:\n\t\t\ta. Overseeing the day-to-day activities of the administration of this Compact, including compliance with the provisions of the Compact and the Commission’s rules<\/span> and bylaws;

\t\t\tb. Recommending to the Commission changes to the rules<\/span> or bylaws, changes to this Compact legislation, fees charged to Compact participating states<\/span>, fees charged to licensees<\/span>, and other fees;

\t\t\tc. Ensuring compact administration services are appropriately provided, including by contract<\/span>;

\t\t\td. Preparing and recommending the budget;

\t\t\te. Maintaining financial records on behalf of the Commission;

\t\t\tf. Monitoring Compact compliance of participating states<\/span> and providing compliance reports to the Commission;

\t\t\tg. Establishing additional committees as necessary;

\t\t\th. Exercising the powers and duties of the Commission during the interim between Commission meetings, except for adopting or amending rules<\/span>, adopting or amending bylaws, and exercising any other powers and duties expressly reserved to the Commission by rule<\/span> or bylaw; and

\t\t\ti. Other duties as provided in the rules<\/span> or bylaws of the Commission. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The executive board<\/span> shall be composed of up to seven members:\n\t\t\ta. The chair, vice chair, secretary, and treasurer of the Commission and any other members of the Commission who serve on the executive board<\/span> shall be voting members of the executive board<\/span>; and

\t\t\tb. 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The Commission may remove any member of the executive board<\/span> as provided in the Commission’s bylaws. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The executive board<\/span> shall meet at least annually.\n\t\t\ta. An executive board<\/span> 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<\/span> may meet in a closed, nonpublic session of a public meeting when dealing with any of the matters covered under subdivision D 4 of this section.

\t\t\tb. The executive board<\/span> 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<\/span> intends to address at those meetings. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The executive board<\/span> may hold an emergency meeting when acting for the Commission to:\n\t\t\ta. Meet an imminent threat to public health, safety, or welfare;

\t\t\tb. Prevent a loss of Commission or participating state<\/span> funds; or

\t\t\tc. Protect public health and safety. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Qualified immunity, defense, and indemnification. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> 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 subdivision 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The Commission shall defend any member, officer, executive director, employee, and representative of the Commission in any civil action<\/span> seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or as determined by the Commission that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that nothing herein shall be construed to prohibit that person from retaining his own counsel<\/span> at his 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Notwithstanding subdivision 1 of this subsection, should any member, officer, executive director, employee, or representative of the Commission be held liable for the amount of any settlement<\/span> or judgment<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Nothing herein shall be construed as a limitation on the liability of any licensee<\/span> for professional malpractice or misconduct, which shall be governed solely by any other applicable state laws<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Nothing in this Compact shall be interpreted to waive<\/span> or otherwise abrogate a participating state<\/span>’s state action immunity or state action affirmative defense<\/span> with respect to antitrust claims under the Sherman Act, Clayton Act, or any other state or federal antitrust or anticompetitive law or regulation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Nothing in this Compact shall be construed to be a waiver<\/span> of sovereign immunity by the participating states<\/span> or by the Commission.\n\t\t\tArticle 8.

\t\t\tData System<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> The Commission shall provide for the development, maintenance, operation, and utilization of a coordinated database and reporting system containing licensure, adverse action<\/span>, and the presence of significant investigative information<\/span> on all licensees<\/span> and applicants for a license in participating states<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Notwithstanding any other provision of state law to the contrary, a participating state<\/span> shall submit a uniform data set to the data system<\/span> on all individuals to whom this Compact is applicable as required by the rules<\/span> of the Commission, including: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Identifying information; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Licensure data; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Adverse actions<\/span> against a licensee<\/span>, license applicant, or compact privilege<\/span> and information related thereto; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Nonconfidential information related to alternative program<\/span> participation, the beginning and ending dates of such participation, and other information related to such participation; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> 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); <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The presence of significant investigative information<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Other information that may facilitate the administration of this Compact or the protection of the public, as determined by the rules<\/span> of the Commission. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The records and information provided to a participating state<\/span> pursuant to this Compact or through the data system<\/span>, 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<\/span> exception in any relevant judicial, quasi-judicial or administrative proceedings in a participating state<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Significant investigative information<\/span> pertaining to a licensee<\/span> in any participating state<\/span> will only be available to other participating states<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> It is the responsibility of the participating states<\/span> to monitor the database to determine whether adverse action<\/span> has been taken against a licensee<\/span> or license applicant. Adverse action<\/span> information pertaining to a licensee<\/span> or license applicant in any participating state<\/span> will be available to any other participating state<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Participating states<\/span> contributing information to the data system<\/span> may designate information that may not be shared with the public without the express permission of the contributing state. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Any information submitted to the data system<\/span> that is subsequently expunged pursuant to federal law or the laws<\/span> of the participating state<\/span> contributing the information shall be removed from the data system<\/span>.\n\t\t\t\tArticle 9.

\t\t\t\tRulemaking. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> The Commission shall promulgate reasonable rules<\/span> in order<\/span> to effectively and efficiently implement and administer the purposes and provisions of this Compact. A Commission rule<\/span> shall be invalid and have no force or effect only if a court<\/span> of competent jurisdiction<\/span> holds that the rule<\/span> is invalid because the Commission exercised its rulemaking authority in a manner that is beyond the scope and purposes of this Compact, or the powers granted hereunder, or based upon another applicable standard of review. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The rules<\/span> of the Commission shall have the force of law in each participating state<\/span>, provided, however, that where the rules<\/span> of the Commission conflict with the laws<\/span> of the participating state<\/span> that establish the participating state<\/span>’s scope of practice<\/span> as held by a court<\/span> of competent jurisdiction<\/span>, the rules<\/span> of the Commission shall be ineffective in that state to the extent of the conflict. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules<\/span> adopted thereunder. Rules<\/span> shall become binding as of the date specified by the Commission for each rule<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If a majority of the legislatures of the participating states<\/span> rejects a Commission rule<\/span> or portion of a Commission rule<\/span>, by enactment of a statute<\/span> or resolution in the same manner used to adopt this Compact within four years of the date of adoption of the rule<\/span>, then such rule<\/span> shall have no further force and effect in any participating state<\/span> or to any state applying to participate in this Compact. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Rules<\/span> shall be adopted at a regular or special meeting of the Commission. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Prior to adoption of a proposed rule<\/span>, the Commission shall hold a public hearing<\/span> and allow persons to provide oral and written comments, data, facts<\/span>, opinions<\/span>, and arguments. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Prior to adoption of a proposed rule<\/span> by the Commission, and at least 30 days in advance of the meeting at which the Commission will hold a public hearing<\/span> on the proposed rule<\/span>, the Commission shall provide a notice of proposed rulemaking: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> On the website of the Commission or other publicly accessible platform; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> To persons who have requested notice of the Commission’s notices of proposed rulemaking; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> In such other way(s) as the Commission may by rule<\/span> specify. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> The notice of proposed rulemaking shall include: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The time, date, and location of the public hearing<\/span> at which the Commission will hear public comments on the proposed rule<\/span> and, if different, the time, date, and location of the meeting where the Commission will consider and vote on the proposed rule<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If the hearing<\/span> is held via telecommunication, video conference, or other electronic means, the Commission shall include the mechanism for access to the hearing<\/span> in the notice of proposed rulemaking; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The text of the proposed rule<\/span> and the reason therefor; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> A request for comments on the proposed rule<\/span> from any interested person; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The manner in which interested persons may submit written comments. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> All hearings<\/span> will be recorded. A copy of the recording and all written comments and documents received by the Commission in response to the proposed rule<\/span> shall be available to the public. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> Nothing in this section shall be construed as requiring a separate hearing<\/span> on each Commission rule<\/span>. Rules<\/span> may be grouped for the convenience of the Commission at hearings<\/span> required by this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> The Commission shall, by majority vote of all commissioners<\/span>, take final action on the proposed rule<\/span> based on the rulemaking record. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The Commission may adopt changes to the proposed rule<\/span> provided the changes do not enlarge the original purpose of the proposed rule<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The Commission shall provide an explanation of the reasons for substantive changes made to the proposed rule<\/span> as well as reasons for substantive changes not made that were recommended by commenters. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The Commission shall determine a reasonable effective date for the rule<\/span>. Except for an emergency as provided in subsection L of this section, the effective date of the rule<\/span> shall be no sooner than 30 days after the Commission issuing the notice that it adopted or amended the rule<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

L.<\/span> Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule<\/span> with 24 hours’ notice, with opportunity to comment, provided that the usual rulemaking procedures provided in this Compact and in this section shall be retroactively applied to the rule<\/span> as soon as reasonably possible, in no event later than 90 days after the effective date of the rule<\/span>. For the purposes of this provision, an emergency rule<\/span> is one that must be adopted immediately in order<\/span> to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Meet an imminent threat to public health, safety, or welfare; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Prevent a loss of Commission or participating state<\/span> funds; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Meet a deadline for the promulgation of a rule<\/span> that is established by federal law or rule<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Protect public health and safety. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

M.<\/span> The Commission or an authorized committee of the Commission may direct revisions to a previously adopted rule<\/span> 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<\/span> change to a rule<\/span>. 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

N.<\/span> No participating state<\/span>’s rulemaking requirements shall apply under this Compact.\n\t\t\t\tArticle 10.

\t\t\t\tOversight, Dispute Resolution, and Enforcement. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> Oversight. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The executive and judicial branches of state government in each participating state<\/span> shall enforce this Compact and take all actions necessary and appropriate to implement the Compact. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Venue<\/span> is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court<\/span> of competent jurisdiction<\/span> where the principal office of the Commission is located. The Commission may waive<\/span> venue<\/span> and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution<\/span> proceedings. Nothing herein shall affect or limit the selection or propriety of venue<\/span> in any action against a licensee<\/span> for professional malpractice, misconduct, or any such similar matter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The Commission shall be entitled to receive service of process<\/span> in any proceeding regarding the enforcement or interpretation of this Compact or a Commission rule<\/span> and shall have standing to intervene in such a proceeding for all purposes. Failure to provide the Commission service of process<\/span> shall render a judgment<\/span> or order<\/span> void as to the Commission, this Compact, or promulgated rules<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Default<\/span>, technical assistance, and termination. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> If the Commission determines that a participating state<\/span> has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated rules<\/span>, the Commission shall provide written notice to the defaulting state. The notice of default<\/span> shall describe the default<\/span>, the proposed means of curing the default<\/span>, and any other action that the Commission may take and shall offer training and specific technical assistance regarding the default<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The Commission shall provide a copy of the notice of default<\/span> to the other participating states<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If a state in default<\/span> fails to cure the default<\/span>, the defaulting state may be terminated from this Compact upon an affirmative vote of a majority of the commissioners<\/span>, 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<\/span> does not relieve the offending state of obligations or liabilities incurred during the period of default<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Termination of participation in this Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent<\/span> 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<\/span> or authorities, as applicable, and each of the participating states<\/span>’ state licensing authority<\/span> or authorities, as applicable. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Upon the termination of a state’s participation in this Compact, that state shall immediately provide notice to all licensees<\/span> of the state, including licensees<\/span> of other participating states<\/span> issued a compact privilege<\/span> to practice within that state, of such termination. The terminated state shall continue to recognize all compact privileges<\/span> then in effect in that state for a minimum of 180 days after the date of said notice of termination. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The Commission shall not bear any costs related to a state that is found to be in default<\/span> or that has been terminated from this Compact, unless agreed upon in writing between the Commission and the defaulting state. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> The defaulting state may appeal<\/span> the action of the Commission by petitioning the U.S. District Court<\/span> for the District of Columbia or the federal district where the Commission has its principal offices. The prevailing party<\/span> shall be awarded all costs of such litigation<\/span>, including reasonable attorney fees. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Dispute resolution. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Upon request by a participating state<\/span>, the Commission shall attempt to resolve disputes related to this Compact that arise among participating states<\/span> and between participating states<\/span> and nonparticipating states. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The Commission shall promulgate a rule<\/span> providing for both mediation and binding dispute resolution for disputes as appropriate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> Enforcement. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The Commission, in the reasonable exercise of its discretion, shall enforce the provisions of this Compact and the Commission’s rules<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> By majority vote, the Commission may initiate legal action against a participating state<\/span> in default<\/span> in the United States District Court<\/span> for the District of Columbia or the federal district where the Commission has its principal offices to enforce compliance with the provisions of this Compact and its promulgated rules<\/span>. The relief sought may include both injunctive relief and damages<\/span>. In the event judicial enforcement is necessary, the prevailing party<\/span> shall be awarded all costs of such litigation<\/span>, including reasonable attorney 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<\/span>’s law. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A participating state<\/span> may initiate legal action against the Commission in the U.S. District Court<\/span> for the District of Columbia or the federal district where the Commission has its principal offices to enforce compliance with the provisions of this Compact and its promulgated rules<\/span>. The relief sought may include both injunctive relief and damages<\/span>. In the event judicial enforcement is necessary, the prevailing party<\/span> shall be awarded all costs of such litigation<\/span>, including reasonable attorney fees. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> No individual or entity other than a participating state<\/span> may enforce this Compact against the Commission.\n\t\t\tArticle 11.

\t\t\tEffective Date, Withdrawal, and Amendment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> This Compact shall come into effect on the date on which the compact statute<\/span> is enacted into law in the seventh participating state<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> On or after the effective date of this 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<\/span>) to determine if the statute<\/span> enacted by each such charter participating state<\/span> is materially different than the model compact<\/span>.\n\t\t\ta. A charter participating state<\/span> whose enactment is found to be materially different from the model compact<\/span> shall be entitled to the default<\/span> process set forth in Article 10.

\t\t\tb. If any participating state<\/span> is later found to be in default<\/span>, 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<\/span> should be less than seven. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Participating states<\/span> enacting the Compact subsequent to the charter participating states<\/span> shall be subject to the process set forth in subdivision C 23 of Article 7 to determine if their enactments are materially different from the model compact<\/span> and whether they qualify for participation in the Compact. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Any state that joins the Compact subsequent to the Commission’s initial adoption of the rules<\/span> and bylaws shall be subject to the Commission’s rules<\/span> and bylaws as they exist on the date on which the Compact becomes law in that state. Any rule<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any participating state<\/span> may withdraw from this Compact by enacting a statute<\/span> repealing that state’s enactment of the Compact. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A participating state<\/span>’s withdrawal shall not take effect until 180 days after enactment of the repealing statute<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Withdrawal shall not affect the continuing requirement of the withdrawing state’s licensing authority or authorities to comply with the investigative and adverse action<\/span> reporting requirements of this Compact prior to the effective date of withdrawal. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Upon the enactment of a statute<\/span> withdrawing from this Compact, the state shall immediately provide notice of such withdrawal to all licensees<\/span> within that state. Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing state shall continue to recognize all compact privileges<\/span> to practice within that state granted pursuant to this Compact for a minimum of 180 days after the date of such notice of withdrawal. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Nothing contained in this Compact shall be construed to invalidate or prevent any licensure agreement or other cooperative arrangement between a participating state<\/span> and a nonparticipating state that does not conflict with the provisions of this Compact. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> This Compact may be amended by the participating states<\/span>. No amendment to this Compact shall become effective and binding upon any participating state<\/span> until it is enacted into the laws<\/span> of all participating states<\/span>.\n\t\t\t\tArticle 12.

\t\t\t\tConstruction and Severability. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> 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<\/span> shall not be construed to limit the Commission’s rulemaking authority solely for those purposes. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The provisions of this Compact shall be severable and if any phrase, clause, sentence, or provision of this Compact is held by a court<\/span> of competent jurisdiction<\/span> to be contrary to the constitution of any participating state<\/span>, 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<\/span> of competent jurisdiction<\/span>, 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Notwithstanding subsection B of this section, the Commission may deny a state’s participation in this Compact or, in accordance with the requirements of subsection B of Article 10, terminate a participating state<\/span>’s participation in the Compact, if it determines that a constitutional requirement of a participating state<\/span> is a material<\/span> departure from the Compact. Otherwise, if this Compact shall be held to be contrary to the constitution of any participating state<\/span>, the Compact shall remain in full force and effect as to the remaining participating states<\/span> and in full force and effect as to the participating state<\/span> affected as to all severable matters.\n\t\t\t\tArticle 13.

\t\t\t\tConsistent Effect and Conflict with Other State Laws<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> Nothing herein shall prevent or inhibit the enforcement of any other law of a participating state<\/span> that is not inconsistent with this Compact. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any laws<\/span>, statutes<\/span>, regulations, or other legal requirements in a participating state<\/span> in conflict with this Compact are superseded to the extent of the conflict. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> All permissible agreements between the Commission and the participating states<\/span> are binding in accordance with their terms. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n(CONTINGENT EFFECTIVE DATE \u2014 SEE ARTICLE 11) DENTIST AND DENTAL HYGIENIST\nCOMPACT (\u00a7 54.1-2729.02)\n\nThe General Assembly hereby enacts, and the Commonwealth of Virginia hereby\nenters into, the Dentist and Dental Hygienist Compact with any and all states\nlegally joining therein according to its terms, in the form substantially as\nfollows:\t\tDENTIST AND DENTAL HYGIENIST COMPACT.\t\tArticle 1.\t\tTitle;\nPurpose.\t\tThis article shall be known and cited as the Dentist and Dental\nHygienist Compact. The purposes of this Compact are to facilitate the interstate\npractice of dentistry and dental hygiene and improve public access to dentistry\nand dental hygiene services by providing dentists and dental hygienists licensed\nin a participating state the ability to practice in participating states in\nwhich they are not licensed. The Compact does this by establishing a pathway for\ndentists and dental hygienists licensed in a participating state to obtain a\ncompact privilege that authorizes them to practice in another participating\nstate in which they are not licensed. The Compact enables participating states\nto protect the public health and safety with respect to the practice of such\ndentists and dental hygienists, through the state’s authority to regulate\nthe practice of dentistry and dental hygiene in the state. The Compact:\n\n1. Enables dentists and dental hygienists who qualify for a compact privilege to\npractice in other participating states without satisfying burdensome and\nduplicative requirements associated with securing a license to practice in those\nstates;\n\n2. Promotes mobility and addresses workforce shortages through each\nparticipating state’s acceptance of a compact privilege to practice in\nthat state;\n\n3. Increases public access to qualified licensed dentists and dental hygienists\nby creating a responsible, streamlined pathway for licensees to practice in\nparticipating states;\n\n4. Enhances the ability of participating states to protect the public’s\nhealth and safety;\n\n5. Does not interfere with licensure requirements established by a participating\nstate;\n\n6. Facilitates the sharing of licensure and disciplinary information among\nparticipating states;\n\n7. Requires dentists and dental hygienists who practice in a participating state\npursuant to a compact privilege to practice within the scope of practice\nauthorized in that state;\n\n8. Extends the authority of a participating state to regulate the practice of\ndentistry and dental hygiene within its borders to dentists and dental\nhygienists who practice in the state through a compact privilege;\n\n9. Promotes the cooperation of participating states in regulating the practice\nof dentistry and dental hygiene within those states; and\n\n10. Facilitates the relocation of military members and their spouses who are\nlicensed to practice dentistry or dental hygiene.\n\t\t\tArticle 2.\t\t\tDefinitions.\t\t\tAs used in this Compact, unless the context\nrequires otherwise, the following definitions shall apply:\t\t\t“Active\nmilitary member” means any person with full-time duty status in the Armed\nForces of the United States, including members of the National Guard and\nReserve.\t\t\t“Adverse action” means disciplinary action or encumbrance\nimposed on a license or compact privilege by a state licensing\nauthority.\t\t\t“Alternative program” means a nondisciplinary\nmonitoring or practice remediation process applicable to a dentist or dental\nhygienist approved by a state licensing authority of a participating state in\nwhich the dentist or dental hygienist is licensed. This includes, but is not\nlimited to, programs to which licensees with substance abuse or addiction issues\nare referred in lieu of adverse action.\t\t\t“Clinical assessment”\nmeans an examination or process required for licensure as a dentist or dental\nhygienist, as applicable, that provides evidence of clinical competence in\ndentistry or dental hygiene.\t\t\t“Commissioner” means the individual\nappointed by a participating state to serve as the member of the Commission for\nthat participating state.\t\t\t“Compact” means this Dentist and Dental\nHygienist Compact.\t\t\t“Compact privilege” means the authorization\ngranted by a remote state to allow a licensee from a participating state to\npractice as a dentist or dental hygienist in a remote state.\t\t\t“Continuing\nprofessional development” means a requirement, as a condition of license\nrenewal to provide evidence of successful participation in educational or\nprofessional activities relevant to practice or area of work.\t\t\t“Criminal\nbackground check” means the submission of fingerprints or other\nbiometric-based information for a license applicant for the purpose of obtaining\nthat applicant’s criminal history record information as defined in 28\nC.F.R. \u00a7 20.3(d) from the Federal Bureau of Investigation and the state’s\ncriminal history record repository as defined in 28 C.F.R. \u00a7\n20.3(f).\t\t\t“Data system” means the Commission’s repository of\ninformation about licensees, including but not limited to examination,\nlicensure, investigative, compact privilege, adverse action, and alternative\nprogram information.\t\t\t“Dental hygienist” means an individual who is\nlicensed by a state licensing authority to practice dental\nhygiene.\t\t\t“Dentist” means an individual who is licensed by a state\nlicensing authority to practice dentistry.\t\t\t“Dentist and Dental Hygienist\nCompact Commission” or “Commission” means a joint government\nagency established by this Compact comprised of each state that has enacted the\nCompact and a national administrative body comprised of a commissioner from each\nstate that has enacted this Compact.\t\t\t“Encumbered license” means a\nlicense that a state licensing authority has limited in any way other than\nthrough an alternative program.\t\t\t“Executive board” means the chair,\nvice chair, secretary, and treasurer and any other commissioners as may be\ndetermined by commission rule or bylaw.\t\t\t“Jurisprudence\nrequirement” means the assessment of an individual’s knowledge of\nthe laws and rules governing the practice of dentistry or dental hygiene, as\napplicable, in a state.\t\t\t“License” means current authorization by a\nstate, other than authorization pursuant to a compact privilege, or other\nprivilege, for an individual to practice as a dentist or dental hygienist in\nthat state.\t\t\t“Licensee” means an individual who holds an\nunrestricted license from a participating state to practice as a dentist or\ndental hygienist in that state.\t\t\t“Model compact” means the model\nfor the Dentist and Dental Hygienist Compact on file with the Council of State\nGovernments or other entity as designated by the\nCommission.\t\t\t“Participating state” means a state that has enacted\nthis Compact and been admitted to the Commission in accordance with the\nprovisions herein and commission rules.\t\t\t“Qualifying license” means\na license that is not an encumbered license issued by a participating state to\npractice dentistry or dental hygiene.\t\t\t“Remote state” means a\nparticipating state where a licensee who is not licensed as a dentist or dental\nhygienist is exercising or seeking to exercise the compact\nprivilege.\t\t\t“Rule” means a regulation promulgated by an entity that\nhas the force of law.\t\t\t“Scope of practice” means the procedures,\nactions, and processes a dentist or dental hygienist licensed in a state is\npermitted to undertake in that state and the circumstances under which the\nlicensee is permitted to undertake those procedures, actions, and processes.\nSuch procedures, actions, and processes and the circumstances under which they\nmay be undertaken may be established through means, including, but not limited\nto, statute, regulations, case law, and other processes, available to the state\nlicensing authority or other government agency.\t\t\t“Significant\ninvestigative information” means information, records, and documents\nreceived or generated by a state licensing authority pursuant to an\ninvestigation for which a determination has been made that there is probable\ncause to believe that the licensee has violated a statute or regulation that is\nconsidered more than a minor infraction for which the state licensing authority\ncould pursue adverse action against the licensee.\t\t\t“State” means\nany state, commonwealth, district, or territory of the United States that\nregulates the practices of dentistry and dental hygiene.\t\t\t“State\nlicensing authority” means an agency or other entity of a state that is\nresponsible for the licensing and regulation of dentists or dental\nhygienists.\t\t\tArticle 3.\t\t\tState Participation in the Compact.\n\n A. In order to join this Compact and thereafter continue as a participating\n state, a state must:\n\n1. Enact a compact that is not materially different from the model compact as\ndetermined in accordance with Commission rules;\n\n2. Participate fully in the Commission’s data system;\n\n3. Have a mechanism in place for receiving and investigating complaints about\nits licensees and license applicants;\n\n4. Notify the Commission, in compliance with the terms of this Compact and\nCommission rules, of any adverse action or the availability of significant\ninvestigative information regarding a licensee and license applicant;\n\n5. Fully implement a criminal background check requirement, within a time frame\nestablished by Commission rule, by receiving the results of a qualifying\ncriminal background check;\n\n6. Comply with the Commission rules applicable to a participating state;\n\n7. Accept the National Board Examinations of the Joint Commission on National\nDental Examinations or another examination accepted by Commission rule as a\nlicensure examination;\n\n8. Accept for licensure such applicants for a dentist license who graduate from\na predoctoral dental education program accredited by the Commission on Dental\nAccreditation, or another accrediting agency recognized by the U.S. Department\nof Education for the accreditation of dentistry and dental hygiene education\nprograms, resulting in the Doctor of Dental Surgery (D.D.S.) or Doctor of Dental\nMedicine (D.M.D.) degree;\n\n9. Accept for licensure such applicants for a dental hygienist license who\ngraduate from a dental hygiene education program accredited by the Commission on\nDental Accreditation or another accrediting agency recognized by the U.S.\nDepartment of Education for the accreditation of dentistry and dental hygiene\neducation programs;\n\n10. Require for licensure that applicants successfully complete a clinical\nassessment;\n\n11. Have continuing professional development requirements as a condition for\nlicense renewal; and\n\n12. Pay a participation fee to the Commission as established by Commission rule.\n\n B. Providing alternative pathways for an individual to obtain an unrestricted\n license does not disqualify a state from participating in this Compact.\n\n C. When conducting a criminal background check, the state licensing authority\n shall:\n\n1. Consider such information in making a licensure decision;\n\n2. Maintain documentation of completion of the criminal background check and\nbackground check information to the extent allowed by state and federal law; and\n\n3. Report to the Commission whether it has completed the criminal background\ncheck and whether the individual was granted or denied a license.\n\n D. A licensee of a participating state who has a qualifying license in that\n state and does not hold an encumbered license in any other participating state\n shall be issued a compact privilege in a remote state in accordance with the\n terms of this Compact and Commission rules. If a remote state has a\n jurisprudence requirement, a compact privilege will not be issued to the\n licensee unless the licensee has satisfied the jurisprudence requirement.\n \t\t\t\tArticle 4.\t\t\t\tCompact Privilege.\n\n A. To obtain and exercise the compact privilege under the terms and provisions\n of this Compact, the licensee shall:\n\n1. Have a qualifying license as a dentist or dental hygienist in a participating\nstate;\n\n2. Be eligible for a compact privilege in any remote state in accordance with\nsubsections D, G, and H of this section;\n\n3. Submit to an application process whenever the licensee is seeking a compact\nprivilege;\n\n4. Pay any applicable Commission and remote state fees for a compact privilege\nin the remote state;\n\n5. Meet any jurisprudence requirement established by a remote state in which the\nlicensee is seeking a compact privilege;\n\n6. Have passed a National Board Examination of the Joint Commission on National\nDental Examinations or another examination accepted by Commission rule;\n\n7. For a dentist, have graduated from a predoctoral dental education program\naccredited by the Commission on Dental Accreditation, or another accrediting\nagency recognized by the U.S. Department of Education for the accreditation of\ndentistry and dental hygiene education programs, resulting in the Doctor of\nDental Surgery (D.D.S.) or Doctor of Dental Medicine (D.M.D.) degree;\n\n8. For a dental hygienist, have graduated from a dental hygiene education\nprogram accredited by the Commission on Dental Accreditation or another\naccrediting agency recognized by the U.S. Department of Education for the\naccreditation of dentistry and dental hygiene education programs;\n\n9. Have successfully completed a clinical assessment for licensure;\n\n10. Report to the Commission adverse action taken by any nonparticipating state\nwhen applying for a compact privilege and, otherwise, within 30 days from the\ndate the adverse action is taken;\n\n11. Report to the Commission when applying for a compact privilege the address\nof the licensee’s primary residence and thereafter immediately report to\nthe Commission any change in the address of the licensee’s primary\nresidence; and\n\n12. Consent to accept service of process by mail at the licensee’s primary\nresidence on record with the Commission with respect to any action brought\nagainst the licensee by the Commission or a participating state, and consent to\naccept service of a subpoena by mail at the licensee’s primary residence\non record with the Commission with respect to any action brought or\ninvestigation conducted by the Commission or a participating state.\n\n B. The licensee must comply with the requirements of subsection A of this\n section to maintain the compact privilege in the remote state. If those\n requirements are met, the compact privilege will continue as long as the\n licensee maintains a qualifying license in the state through which the\n licensee applied for the compact privilege and pays any applicable compact\n privilege renewal fees.\n\n C. A licensee providing dentistry or dental hygiene in a remote state under\n the compact privilege shall function within the scope of practice authorized\n by the remote state for a dentist or dental hygienist licensed in that state.\n\n D. A licensee providing dentistry or dental hygiene pursuant to a compact\n privilege in a remote state is subject to that state’s regulatory\n authority. A remote state may, in accordance with due process and that\n state’s laws, by adverse action revoke or remove a licensee’s\n compact privilege in the remote state for a specific period of time and impose\n fines or take any other necessary actions to protect the health and safety of\n its citizens. If a remote state imposes an adverse action against a compact\n privilege that limits the compact privilege, that adverse action applies to\n all compact privileges in all remote states. A licensee whose compact\n privilege in a remote state is removed for a specified period of time is not\n eligible for a compact privilege in any other remote state until the specific\n time for removal of the compact privilege has passed and all encumbrance\n requirements are satisfied.\n\n E. If a license in a participating state is an encumbered license, the\n licensee shall lose the compact privilege in a remote state and shall not be\n eligible for a compact privilege in any remote state until the license is no\n longer encumbered.\n\n F. Once an encumbered license in a participating state is restored to good\n standing, the licensee must meet the requirements of subsection A of this\n section to obtain a compact privilege in a remote state.\n\n G. If a licensee’s compact privilege in a remote state is removed by the\n remote state, the individual shall lose or be ineligible for the compact\n privilege in any remote state until the following occur:\n\n1. The specific period of time for which the compact privilege was removed has\nended; and\n\n2. All conditions for removal of the compact privilege have been satisfied.\n\n H. Once the requirements of subsection G of this section have been met, the\n licensee must meet the requirements in subsection A of this section to obtain\n a compact privilege in a remote state.\n \t\t\t\tArticle 5.\t\t\t\tActive Military Members or Their Spouses.\t\t\t\tActive military\n members and their spouses shall not be required to pay to the Commission the\n fee otherwise charged by the Commission for a compact privilege. If a remote\n state chooses to charge a fee for a compact privilege, it may choose to charge\n a reduced fee or no fee to active military members and their spouses for a\n compact privilege.\t\t\t\tArticle 6.\t\t\t\tAdverse Actions.\n\n A. A participating state in which a licensee is licensed shall have exclusive\n authority to impose adverse action against the qualifying license issued by\n that participating state.\n\n B. A participating state may take adverse action based on the significant\n investigative information of a remote state, so long as the participating\n state follows its own procedures for imposing adverse action.\n\n C. Nothing in this Compact shall override a participating state’s\n decision that participation in an alternative program may be used in lieu of\n adverse action and that such participation shall remain nonpublic if required\n by the participating state’s laws. Participating states must require\n licensees who enter any alternative program in lieu of discipline to agree not\n to practice pursuant to a compact privilege in any other participating state\n during the term of the alternative program without prior authorization from\n such other participating state.\n\n D. Any participating state in which a licensee is applying to practice or is\n practicing pursuant to a compact privilege may investigate actual or alleged\n violations of the statutes and regulations authorizing the practice of\n dentistry or dental hygiene in any other participating state in which the\n dentist or dental hygienist holds a license or compact privilege.\n\n E. A remote state shall have the authority to:\n\n1. Take adverse actions as set forth in subsection D of Article 4 against a\nlicensee’s compact privilege in the state;\n\n2. In furtherance of its rights and responsibilities under this Compact and the\nCommission’s rules issue subpoenas for both hearings and investigations\nthat require the attendance and testimony of witnesses and the production of\nevidence. Subpoenas issued by a state licensing authority in a participating\nstate for the attendance and testimony of witnesses, or the production of\nevidence from another participating state, shall be enforced in the latter state\nby any court of competent jurisdiction, according to the practice and procedure\nof that court applicable to subpoenas issued in proceedings pending before it.\nThe issuing authority shall pay any witness fees, travel expenses, mileage, and\nother fees required by the service statutes of the state where the witnesses or\nevidence are located; and\n\n3. If otherwise permitted by state law, recover from the licensee the costs of\ninvestigations and disposition of cases resulting from any adverse action taken\nagainst that licensee.\n\n F. Joint investigations.\n\n1. In addition to the authority granted to a participating state by its dentist\nor dental hygienist licensure act or other applicable state law, a participating\nstate may jointly investigate licensees with other participating states.\n\n2. Participating states shall share any significant investigative information,\nlitigation, or compliance materials in furtherance of any joint or individual\ninvestigation initiated under this Compact.\n\n G. Authority to continue investigation.\n\n1. After a licensee’s compact privilege in a remote state is terminated,\nthe remote state may continue an investigation of the licensee that began when\nthe licensee had a compact privilege in that remote state.\n\n2. If the investigation yields what would be significant investigative\ninformation had the licensee continued to have a compact privilege in that\nremote state, the remote state shall report the presence of such information to\nthe data system as required by subdivision B 6 of Article 8 as if it was\nsignificant investigative information.\n\t\t\tArticle 7.\t\t\tEstablishment and Operation of the Dentist and Dental Hygienist\nCompact Commission.\n\n A. The Compact participating states hereby create and establish a joint\n government agency whose membership consists of all participating states that\n have enacted the Compact. The Dentist and Dental Hygienist Compact Commission\n is an instrumentality of the participating states acting jointly and not an\n instrumentality of any one state. The Commission shall come into existence on\n or after the effective date of the Compact as set forth in subsection A of\n Article 11.\n\n B. Participation, voting, and meetings.\n\n1. Each participating state shall have and be limited to one commissioner\nselected by that participating state’s state licensing authority or, if\nthe state has more than one state licensing authority, selected collectively by\nthe state licensing authorities.\n\n2. The commissioner shall be a member or designee of such authority or\nauthorities.\n\n3. The Commission may by rule or bylaw establish a term of office for\ncommissioners and may by rule or bylaw establish term limits.\n\n4. The Commission may recommend to a state licensing authority or authorities,\nas applicable, removal or suspension of an individual as the state’s\ncommissioner.\n\n5. A participating state’s state licensing authority, or authorities, as\napplicable, shall fill any vacancy of its commissioner on the Commission within\n60 days of the vacancy.\n\n6. Each commissioner shall be entitled to one vote on all matters that are voted\nupon by the Commission.\n\n7. The Commission shall meet at least once during each calendar year. Additional\nmeetings may be held as set forth in the bylaws. The Commission may meet by\ntelecommunication, video conference, or other similar electronic means.\n\n C. The Commission shall have the following powers:\n\n1. Establish the fiscal year of the Commission;\n\n2. Establish a code of conduct and conflict of interest policies;\n\n3. Adopt rules and bylaws;\n\n4. Maintain its financial records in accordance with the bylaws;\n\n5. Meet and take such actions as are consistent with the provisions of this\nCompact, the Commission’s rules, and the bylaws;\n\n6. Initiate and conclude legal proceedings or actions in the name of the\nCommission, provided that the standing of any state licensing authority to sue\nor be sued under applicable law shall not be affected;\n\n7. Maintain and certify records and information provided to a participating\nstate as the authenticated business records of the Commission and designate a\nperson to do so on the Commission’s behalf;\n\n8. Purchase and maintain insurance and bonds;\n\n9. Borrow, accept, or contract for services of personnel, including, but not\nlimited to, employees of a participating state;\n\n10. Conduct an annual financial review;\n\n11. Hire employees, elect or appoint officers, fix compensation, define duties,\ngrant such individuals appropriate authority to carry out the purposes of this\nCompact, and establish the Commission’s personnel policies and programs\nrelating to conflicts of interest, qualifications of personnel, and other\nrelated personnel matters;\n\n12. As set forth in the Commission rules, charge a fee to a licensee for the\ngrant of a compact privilege in a remote state and thereafter, as may be\nestablished by Commission rule, charge the licensee a compact privilege renewal\nfee for each renewal period in which that licensee exercises or intends to\nexercise the compact privilege in that remote state. Nothing herein shall be\nconstrued to prevent a remote state from charging a licensee a fee for a compact\nprivilege or renewals of a compact privilege, or a fee for the jurisprudence\nrequirement if the remote state imposes such a requirement for the grant of a\ncompact privilege;\n\n13. Accept any and all appropriate gifts, donations, grants of money, other\nsources of revenue, equipment, supplies, materials, and services, and receive,\nutilize, and dispose of the same, provided that at all times the Commission\nshall avoid any appearance of impropriety and\/or conflict of interest;\n\n14. Lease, purchase, retain, own, hold, improve, or use any property, real,\npersonal, or mixed, or any undivided interest therein;\n\n15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise\ndispose of any property, real, personal, or mixed;\n\n16. Establish a budget and make expenditures;\n\n17. Borrow money;\n\n18. Appoint committees, including standing committees, which may be composed of\nmembers, state regulators, state legislators or their representatives, and\nconsumer representatives, and such other interested persons as may be designated\nin this Compact and the bylaws;\n\n19. Provide and receive information from, and cooperate with, law-enforcement\nagencies;\n\n20. Elect a chair, vice chair, secretary, and treasurer and such other officers\nof the Commission as provided in the Commission’s bylaws;\n\n21. Establish and elect an executive board;\n\n22. Adopt and provide to the participating states an annual report;\n\n23. Determine whether a state’s enacted compact is materially different\nfrom the model compact language such that the state would not qualify for\nparticipation in this Compact; and\n\n24. Perform such other functions as may be necessary or appropriate to achieve\nthe purposes of this Compact.\n\n D. Meetings of the Commission.\n\n1. All meetings of the Commission that are not closed pursuant to this\nsubsection shall be open to the public. Notice of public meetings shall be\nposted on the Commission’s website at least 30 days prior to the public\nmeeting.\n\n2. Notwithstanding subdivision 1 of this subsection, the Commission may convene\nan emergency public meeting by providing at least 24 hours prior notice on the\nCommission’s website, and any other means as provided in the\nCommission’s rules, for any of the reasons it may dispense with notice of\nproposed rulemaking under subsection L of Article 9. The Commission’s\nlegal counsel shall certify that one of the reasons justifying an emergency\npublic meeting has been met.\n\n3. Notice of all Commission meetings shall provide the time, date, and location\nof the meeting, and if the meeting is to be held or accessible via\ntelecommunication, video conference, or other electronic means, the notice shall\ninclude the mechanism for access to the meeting through such means.\n\n4. The Commission may convene in a closed, nonpublic meeting for the Commission\nto receive legal advice or to discuss:\n\t\t\ta. Noncompliance of a participating state with its obligations under this\nCompact;\t\t\tb. The employment, compensation, discipline, or other matters,\npractices, or procedures related to specific employees or other matters related\nto the Commission’s internal personnel practices and procedures;\t\t\tc.\nCurrent or threatened discipline of a licensee or compact privilege holder by\nthe Commission or by a participating state’s licensing authority;\t\t\td.\nCurrent, threatened, or reasonably anticipated litigation;\t\t\te. Negotiation of\ncontracts for the purchase, lease, or sale of goods, services, or real\nestate;\t\t\tf. Accusing any person of a crime or formally censuring any\nperson;\t\t\tg. Trade secrets or commercial or financial information that is\nprivileged or confidential;\t\t\th. Information of a personal nature where\ndisclosure would constitute a clearly unwarranted invasion of personal\nprivacy;\t\t\ti. Investigative records compiled for law-enforcement purposes;\t\t\tj.\nInformation related to any investigative reports prepared by or on behalf of or\nfor use of the Commission or other committee charged with responsibility of\ninvestigation or determination of compliance issues pursuant to this\nCompact;\t\t\tk. Legal advice;\t\t\tl. Matters specifically exempted from disclosure\nto the public by federal or participating state law; and\t\t\tm. Other matters as\npromulgated by the Commission by rule.\n\n5. If a meeting, or portion of a meeting, is closed, the presiding officer shall\nstate that the meeting will be closed and reference each relevant exempting\nprovision, and such reference shall be recorded in the minutes.\n\n6. The Commission shall keep minutes that fully and clearly describe all matters\ndiscussed in a meeting and shall provide a full and accurate summary of actions\ntaken, and the reasons therefor, including a description of the views expressed.\nAll documents considered in connection with an action shall be identified in\nsuch minutes. All minutes and documents of a closed meeting shall remain under\nseal, subject to release only by a majority vote of the Commission or order of a\ncourt of competent jurisdiction.\n\n E. Financing of the Commission.\n\n1. The Commission shall pay, or provide for the payment of, the reasonable\nexpenses of its establishment, organization, and ongoing activities.\n\n2. The Commission may accept any and all appropriate sources of revenue,\ndonations, and grants of money, equipment, supplies, materials, and services.\n\n3. The Commission may levy on and collect an annual assessment from each\nparticipating state and impose fees on licensees of participating states when a\ncompact privilege is granted, to cover the cost of the operations and activities\nof the Commission and its staff, which must be in a total amount sufficient to\ncover its annual budget as approved each fiscal year for which sufficient\nrevenue is not provided by other sources. The aggregate annual assessment amount\nfor participating states shall be allocated based upon a formula that the\nCommission shall promulgate by rule.\n\n4. The Commission shall not incur obligations of any kind prior to securing the\nfunds adequate to meet the same, nor shall the Commission pledge the credit of\nany participating state, except by and with the authority of the participating\nstate.\n\n5. The Commission shall keep accurate accounts of all receipts and\ndisbursements. The receipts and disbursements of the Commission shall be subject\nto the financial review and accounting procedures established under its bylaws.\nAll receipts and disbursements of funds handled by the Commission shall be\nsubject to an annual financial review by a certified or licensed public\naccountant, and the report of the financial review shall be included in and\nbecome part of the annual report of the Commission.\n\n F. The executive board.\n\n1. The executive board shall have the power to act on behalf of the Commission\naccording to the terms of this Compact. The powers, duties, and responsibilities\nof the executive board shall include:\n\t\t\ta. Overseeing the day-to-day activities of the administration of this\nCompact, including compliance with the provisions of the Compact and the\nCommission’s rules and bylaws;\t\t\tb. Recommending to the Commission changes\nto the rules or bylaws, changes to this Compact legislation, fees charged to\nCompact participating states, fees charged to licensees, and other fees;\t\t\tc.\nEnsuring compact administration services are appropriately provided, including\nby contract;\t\t\td. Preparing and recommending the budget;\t\t\te. Maintaining\nfinancial records on behalf of the Commission;\t\t\tf. Monitoring Compact\ncompliance of participating states and providing compliance reports to the\nCommission;\t\t\tg. Establishing additional committees as necessary;\t\t\th.\nExercising the powers and duties of the Commission during the interim between\nCommission meetings, except for adopting or amending rules, adopting or amending\nbylaws, and exercising any other powers and duties expressly reserved to the\nCommission by rule or bylaw; and\t\t\ti. Other duties as provided in the rules or\nbylaws of the Commission.\n\n2. The executive board shall be composed of up to seven members:\n\t\t\ta. The chair, vice chair, secretary, and treasurer of the Commission and any\nother members of the Commission who serve on the executive board shall be voting\nmembers of the executive board; and\t\t\tb. Other than the chair, vice chair,\nsecretary, and treasurer, the Commission may elect up to three voting members\nfrom the current membership of the Commission.\n\n3. The Commission may remove any member of the executive board as provided in\nthe Commission’s bylaws.\n\n4. The executive board shall meet at least annually.\n\t\t\ta. An executive board meeting at which it takes or intends to take formal\naction on a matter shall be open to the public, except that the executive board\nmay meet in a closed, nonpublic session of a public meeting when dealing with\nany of the matters covered under subdivision D 4 of this section.\t\t\tb. The\nexecutive board shall give five business days’ notice of its public\nmeetings, posted on its website and as it may otherwise determine to provide\nnotice to persons with an interest in the public matters the executive board\nintends to address at those meetings.\n\n5. The executive board may hold an emergency meeting when acting for the\nCommission to:\n\t\t\ta. Meet an imminent threat to public health, safety, or welfare;\t\t\tb. Prevent\na loss of Commission or participating state funds; or\t\t\tc. Protect public health\nand safety.\n\n G. Qualified immunity, defense, and indemnification.\n\n1. The members, officers, executive director, employees, and representatives of\nthe Commission shall be immune from suit and liability, both personally and in\ntheir official capacity, for any claim for damage to or loss of property or\npersonal injury or other civil liability caused by or arising out of any actual\nor alleged act, error, or omission that occurred, or that the person against\nwhom the claim is made had a reasonable basis for believing occurred within the\nscope of Commission employment, duties, or responsibilities, provided that\nnothing in this subdivision shall be construed to protect any such person from\nsuit or liability for any damage, loss, injury, or liability caused by the\nintentional or willful or wanton misconduct of that person. The procurement of\ninsurance of any type by the Commission shall not in any way compromise or limit\nthe immunity granted hereunder.\n\n2. The Commission shall defend any member, officer, executive director,\nemployee, and representative of the Commission in any civil action seeking to\nimpose liability arising out of any actual or alleged act, error, or omission\nthat occurred within the scope of Commission employment, duties, or\nresponsibilities, or as determined by the Commission that the person against\nwhom the claim is made had a reasonable basis for believing occurred within the\nscope of Commission employment, duties, or responsibilities, provided that\nnothing herein shall be construed to prohibit that person from retaining his own\ncounsel at his own expense, and provided further, that the actual or alleged\nact, error, or omission did not result from that person’s intentional or\nwillful or wanton misconduct.\n\n3. Notwithstanding subdivision 1 of this subsection, should any member, officer,\nexecutive director, employee, or representative of the Commission be held liable\nfor the amount of any settlement or judgment arising out of any actual or\nalleged act, error, or omission that occurred within the scope of that\nindividual’s employment, duties, or responsibilities for the Commission,\nor that the person to whom that individual is liable had a reasonable basis for\nbelieving occurred within the scope of the individual’s employment,\nduties, or responsibilities for the Commission, the Commission shall indemnify\nand hold harmless such individual, provided that the actual or alleged act,\nerror, or omission did not result from the intentional or willful or wanton\nmisconduct of the individual.\n\n4. Nothing herein shall be construed as a limitation on the liability of any\nlicensee for professional malpractice or misconduct, which shall be governed\nsolely by any other applicable state laws.\n\n5. Nothing in this Compact shall be interpreted to waive or otherwise abrogate a\nparticipating state’s state action immunity or state action affirmative\ndefense with respect to antitrust claims under the Sherman Act, Clayton Act, or\nany other state or federal antitrust or anticompetitive law or regulation.\n\n6. Nothing in this Compact shall be construed to be a waiver of sovereign\nimmunity by the participating states or by the Commission.\n\t\t\tArticle 8.\t\t\tData System.\n\n A. The Commission shall provide for the development, maintenance, operation,\n and utilization of a coordinated database and reporting system containing\n licensure, adverse action, and the presence of significant investigative\n information on all licensees and applicants for a license in participating\n states.\n\n B. Notwithstanding any other provision of state law to the contrary, a\n participating state shall submit a uniform data set to the data system on all\n individuals to whom this Compact is applicable as required by the rules of the\n Commission, including:\n\n1. Identifying information;\n\n2. Licensure data;\n\n3. Adverse actions against a licensee, license applicant, or compact privilege\nand information related thereto;\n\n4. Nonconfidential information related to alternative program participation, the\nbeginning and ending dates of such participation, and other information related\nto such participation;\n\n5. Any denial of an application for licensure, and the reason(s) for such\ndenial, (excluding the reporting of any criminal history record information\nwhere prohibited by law);\n\n6. The presence of significant investigative information; and\n\n7. Other information that may facilitate the administration of this Compact or\nthe protection of the public, as determined by the rules of the Commission.\n\n C. The records and information provided to a participating state pursuant to\n this Compact or through the data system, when certified by the Commission or\n an agent thereof, shall constitute the authenticated business records of the\n Commission and shall be entitled to any associated hearsay exception in any\n relevant judicial, quasi-judicial or administrative proceedings in a\n participating state.\n\n D. Significant investigative information pertaining to a licensee in any\n participating state will only be available to other participating states.\n\n E. It is the responsibility of the participating states to monitor the\n database to determine whether adverse action has been taken against a licensee\n or license applicant. Adverse action information pertaining to a licensee or\n license applicant in any participating state will be available to any other\n participating state.\n\n F. Participating states contributing information to the data system may\n designate information that may not be shared with the public without the\n express permission of the contributing state.\n\n G. Any information submitted to the data system that is subsequently expunged\n pursuant to federal law or the laws of the participating state contributing\n the information shall be removed from the data system.\n \t\t\t\tArticle 9.\t\t\t\tRulemaking.\n\n A. The Commission shall promulgate reasonable rules in order to effectively\n and efficiently implement and administer the purposes and provisions of this\n Compact. A Commission rule shall be invalid and have no force or effect only\n if a court of competent jurisdiction holds that the rule is invalid because\n the Commission exercised its rulemaking authority in a manner that is beyond\n the scope and purposes of this Compact, or the powers granted hereunder, or\n based upon another applicable standard of review.\n\n B. The rules of the Commission shall have the force of law in each\n participating state, provided, however, that where the rules of the Commission\n conflict with the laws of the participating state that establish the\n participating state’s scope of practice as held by a court of competent\n jurisdiction, the rules of the Commission shall be ineffective in that state\n to the extent of the conflict.\n\n C. The Commission shall exercise its rulemaking powers pursuant to the\n criteria set forth in this section and the rules adopted thereunder. Rules\n shall become binding as of the date specified by the Commission for each rule.\n\n D. If a majority of the legislatures of the participating states rejects a\n Commission rule or portion of a Commission rule, by enactment of a statute or\n resolution in the same manner used to adopt this Compact within four years of\n the date of adoption of the rule, then such rule shall have no further force\n and effect in any participating state or to any state applying to participate\n in this Compact.\n\n E. Rules shall be adopted at a regular or special meeting of the Commission.\n\n F. Prior to adoption of a proposed rule, the Commission shall hold a public\n hearing and allow persons to provide oral and written comments, data, facts,\n opinions, and arguments.\n\n G. Prior to adoption of a proposed rule by the Commission, and at least 30\n days in advance of the meeting at which the Commission will hold a public\n hearing on the proposed rule, the Commission shall provide a notice of\n proposed rulemaking:\n\n1. On the website of the Commission or other publicly accessible platform;\n\n2. To persons who have requested notice of the Commission’s notices of\nproposed rulemaking; and\n\n3. In such other way(s) as the Commission may by rule specify.\n\n H. The notice of proposed rulemaking shall include:\n\n1. The time, date, and location of the public hearing at which the Commission\nwill hear public comments on the proposed rule and, if different, the time,\ndate, and location of the meeting where the Commission will consider and vote on\nthe proposed rule;\n\n2. If the hearing is held via telecommunication, video conference, or other\nelectronic means, the Commission shall include the mechanism for access to the\nhearing in the notice of proposed rulemaking;\n\n3. The text of the proposed rule and the reason therefor;\n\n4. A request for comments on the proposed rule from any interested person; and\n\n5. The manner in which interested persons may submit written comments.\n\n I. All hearings will be recorded. A copy of the recording and all written\n comments and documents received by the Commission in response to the proposed\n rule shall be available to the public.\n\n J. Nothing in this section shall be construed as requiring a separate hearing\n on each Commission rule. Rules may be grouped for the convenience of the\n Commission at hearings required by this section.\n\n K. The Commission shall, by majority vote of all commissioners, take final\n action on the proposed rule based on the rulemaking record.\n\n1. The Commission may adopt changes to the proposed rule provided the changes do\nnot enlarge the original purpose of the proposed rule.\n\n2. The Commission shall provide an explanation of the reasons for substantive\nchanges made to the proposed rule as well as reasons for substantive changes not\nmade that were recommended by commenters.\n\n3. The Commission shall determine a reasonable effective date for the rule.\nExcept for an emergency as provided in subsection L of this section, the\neffective date of the rule shall be no sooner than 30 days after the Commission\nissuing the notice that it adopted or amended the rule.\n\n L. Upon determination that an emergency exists, the Commission may consider\n and adopt an emergency rule with 24 hours’ notice, with opportunity to\n comment, provided that the usual rulemaking procedures provided in this\n Compact and in this section shall be retroactively applied to the rule as soon\n as reasonably possible, in no event later than 90 days after the effective\n date of the rule. For the purposes of this provision, an emergency rule is one\n that must be adopted immediately in order to:\n\n1. Meet an imminent threat to public health, safety, or welfare;\n\n2. Prevent a loss of Commission or participating state funds;\n\n3. Meet a deadline for the promulgation of a rule that is established by federal\nlaw or rule; or\n\n4. Protect public health and safety.\n\n M. The Commission or an authorized committee of the Commission may direct\n revisions to a previously adopted rule for purposes of correcting\n typographical errors, errors in format, errors in consistency, or grammatical\n errors. Public notice of any revisions shall be posted on the website of the\n Commission. The revision shall be subject to challenge by any person for a\n period of 30 days after posting. The revision may be challenged only on\n grounds that the revision results in a material change to a rule. A challenge\n shall be made in writing and delivered to the Commission prior to the end of\n the notice period. If no challenge is made, the revision will take effect\n without further action. If the revision is challenged, the revision may not\n take effect without the approval of the Commission.\n\n N. No participating state’s rulemaking requirements shall apply under\n this Compact.\n \t\t\t\tArticle 10.\t\t\t\tOversight, Dispute Resolution, and Enforcement.\n\n A. Oversight.\n\n1. The executive and judicial branches of state government in each participating\nstate shall enforce this Compact and take all actions necessary and appropriate\nto implement the Compact.\n\n2. Venue is proper and judicial proceedings by or against the Commission shall\nbe brought solely and exclusively in a court of competent jurisdiction where the\nprincipal office of the Commission is located. The Commission may waive venue\nand jurisdictional defenses to the extent it adopts or consents to participate\nin alternative dispute resolution proceedings. Nothing herein shall affect or\nlimit the selection or propriety of venue in any action against a licensee for\nprofessional malpractice, misconduct, or any such similar matter.\n\n3. The Commission shall be entitled to receive service of process in any\nproceeding regarding the enforcement or interpretation of this Compact or a\nCommission rule and shall have standing to intervene in such a proceeding for\nall purposes. Failure to provide the Commission service of process shall render\na judgment or order void as to the Commission, this Compact, or promulgated\nrules.\n\n B. Default, technical assistance, and termination.\n\n1. If the Commission determines that a participating state has defaulted in the\nperformance of its obligations or responsibilities under this Compact or the\npromulgated rules, the Commission shall provide written notice to the defaulting\nstate. The notice of default shall describe the default, the proposed means of\ncuring the default, and any other action that the Commission may take and shall\noffer training and specific technical assistance regarding the default.\n\n2. The Commission shall provide a copy of the notice of default to the other\nparticipating states.\n\n C. If a state in default fails to cure the default, the defaulting state may\n be terminated from this Compact upon an affirmative vote of a majority of the\n commissioners, and all rights, privileges, and benefits conferred on that\n state by this Compact may be terminated on the effective date of termination.\n A cure of the default does not relieve the offending state of obligations or\n liabilities incurred during the period of default.\n\n D. Termination of participation in this Compact shall be imposed only after\n all other means of securing compliance have been exhausted. Notice of intent\n to suspend or terminate shall be given by the Commission to the governor, the\n majority and minority leaders of the defaulting state’s legislature, the\n defaulting state’s state licensing authority or authorities, as\n applicable, and each of the participating states’ state licensing\n authority or authorities, as applicable.\n\n E. A state that has been terminated is responsible for all assessments,\n obligations, and liabilities incurred through the effective date of\n termination, including obligations that extend beyond the effective date of\n termination.\n\n F. Upon the termination of a state’s participation in this Compact, that\n state shall immediately provide notice to all licensees of the state,\n including licensees of other participating states issued a compact privilege\n to practice within that state, of such termination. The terminated state shall\n continue to recognize all compact privileges then in effect in that state for\n a minimum of 180 days after the date of said notice of termination.\n\n G. The Commission shall not bear any costs related to a state that is found to\n be in default or that has been terminated from this Compact, unless agreed\n upon in writing between the Commission and the defaulting state.\n\n H. The defaulting state may appeal the action of the Commission by petitioning\n the U.S. District Court for the District of Columbia or the federal district\n where the Commission has its principal offices. The prevailing party shall be\n awarded all costs of such litigation, including reasonable attorney fees.\n\n I. Dispute resolution.\n\n1. Upon request by a participating state, the Commission shall attempt to\nresolve disputes related to this Compact that arise among participating states\nand between participating states and nonparticipating states.\n\n2. The Commission shall promulgate a rule providing for both mediation and\nbinding dispute resolution for disputes as appropriate.\n\n J. Enforcement.\n\n1. The Commission, in the reasonable exercise of its discretion, shall enforce\nthe provisions of this Compact and the Commission’s rules.\n\n2. By majority vote, the Commission may initiate legal action against a\nparticipating state in default in the United States District Court for the\nDistrict of Columbia or the federal district where the Commission has its\nprincipal offices to enforce compliance with the provisions of this Compact and\nits promulgated rules. The relief sought may include both injunctive relief and\ndamages. In the event judicial enforcement is necessary, the prevailing party\nshall be awarded all costs of such litigation, including reasonable attorney\nfees. The remedies herein shall not be the exclusive remedies of the Commission.\nThe Commission may pursue any other remedies available under federal or the\ndefaulting participating state’s law.\n\n3. A participating state may initiate legal action against the Commission in the\nU.S. District Court for the District of Columbia or the federal district where\nthe Commission has its principal offices to enforce compliance with the\nprovisions of this Compact and its promulgated rules. The relief sought may\ninclude both injunctive relief and damages. In the event judicial enforcement is\nnecessary, the prevailing party shall be awarded all costs of such litigation,\nincluding reasonable attorney fees.\n\n4. No individual or entity other than a participating state may enforce this\nCompact against the Commission.\n\t\t\tArticle 11.\t\t\tEffective Date, Withdrawal, and Amendment.\n\n A. This Compact shall come into effect on the date on which the compact\n statute is enacted into law in the seventh participating state.\n\n1. On or after the effective date of this Compact, the Commission shall convene\nand review the enactment of each of the states that enacted the Compact prior to\nthe Commission convening (charter participating states) to determine if the\nstatute enacted by each such charter participating state is materially different\nthan the model compact.\n\t\t\ta. A charter participating state whose enactment is found to be materially\ndifferent from the model compact shall be entitled to the default process set\nforth in Article 10.\t\t\tb. If any participating state is later found to be in\ndefault, or is terminated or withdraws from the Compact, the Commission shall\nremain in existence and the Compact shall remain in effect even if the number of\nparticipating states should be less than seven.\n\n2. Participating states enacting the Compact subsequent to the charter\nparticipating states shall be subject to the process set forth in subdivision C\n23 of Article 7 to determine if their enactments are materially different from\nthe model compact and whether they qualify for participation in the Compact.\n\n3. All actions taken for the benefit of the Commission or in furtherance of the\npurposes of the administration of the Compact prior to the effective date of the\nCompact or the Commission coming into existence shall be considered to be\nactions of the Commission unless specifically repudiated by the Commission.\n\n4. Any state that joins the Compact subsequent to the Commission’s initial\nadoption of the rules and bylaws shall be subject to the Commission’s\nrules and bylaws as they exist on the date on which the Compact becomes law in\nthat state. Any rule that has been previously adopted by the Commission shall\nhave the full force and effect of law on the day the Compact becomes law in that\nstate.\n\n B. Any participating state may withdraw from this Compact by enacting a\n statute repealing that state’s enactment of the Compact.\n\n1. A participating state’s withdrawal shall not take effect until 180 days\nafter enactment of the repealing statute.\n\n2. Withdrawal shall not affect the continuing requirement of the withdrawing\nstate’s licensing authority or authorities to comply with the\ninvestigative and adverse action reporting requirements of this Compact prior to\nthe effective date of withdrawal.\n\n3. Upon the enactment of a statute withdrawing from this Compact, the state\nshall immediately provide notice of such withdrawal to all licensees within that\nstate. Notwithstanding any subsequent statutory enactment to the contrary, such\nwithdrawing state shall continue to recognize all compact privileges to practice\nwithin that state granted pursuant to this Compact for a minimum of 180 days\nafter the date of such notice of withdrawal.\n\n C. Nothing contained in this Compact shall be construed to invalidate or\n prevent any licensure agreement or other cooperative arrangement between a\n participating state and a nonparticipating state that does not conflict with\n the provisions of this Compact.\n\n D. This Compact may be amended by the participating states. No amendment to\n this Compact shall become effective and binding upon any participating state\n until it is enacted into the laws of all participating states.\n \t\t\t\tArticle 12.\t\t\t\tConstruction and Severability.\n\n A. This Compact and the Commission’s rulemaking authority shall be\n liberally construed so as to effectuate the purposes and the implementation\n and administration of the Compact. Provisions of the Compact expressly\n authorizing or requiring the promulgation of rules shall not be construed to\n limit the Commission’s rulemaking authority solely for those purposes.\n\n B. The provisions of this Compact shall be severable and if any phrase,\n clause, sentence, or provision of this Compact is held by a court of competent\n jurisdiction to be contrary to the constitution of any participating state, a\n state seeking participation in the Compact, or of the United States, or the\n applicability thereof to any government, agency, person, or circumstance is\n held to be unconstitutional by a court of competent jurisdiction, the validity\n of the remainder of this Compact and the applicability thereof to any other\n government, agency, person, or circumstance shall not be affected thereby.\n\n C. Notwithstanding subsection B of this section, the Commission may deny a\n state’s participation in this Compact or, in accordance with the\n requirements of subsection B of Article 10, terminate a participating\n state’s participation in the Compact, if it determines that a\n constitutional requirement of a participating state is a material departure\n from the Compact. Otherwise, if this Compact shall be held to be contrary to\n the constitution of any participating state, the Compact shall remain in full\n force and effect as to the remaining participating states and in full force\n and effect as to the participating state affected as to all severable matters.\n \t\t\t\tArticle 13.\t\t\t\tConsistent Effect and Conflict with Other State Laws.\n\n A. Nothing herein shall prevent or inhibit the enforcement of any other law of\n a participating state that is not inconsistent with this Compact.\n\n B. Any laws, statutes, regulations, or other legal requirements in a\n participating state in conflict with this Compact are superseded to the extent\n of the conflict.\n\n C. All permissible agreements between the Commission and the participating\n states are binding in accordance with their terms.\n","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}