                                 CODE OF VIRGINIA

(CONTINGENT EFFECTIVE DATE — SEE ARTICLE 11) DENTIST AND DENTAL HYGIENIST
COMPACT (§ 54.1-2729.02)

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:
		DENTIST AND DENTAL HYGIENIST COMPACT.
		Article 1.
		Title; Purpose.
		This 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&#8217;s authority to regulate
the practice of dentistry and dental hygiene in the state. The Compact:

1. 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;

2. Promotes mobility and addresses workforce shortages through each
participating state&#8217;s acceptance of a compact privilege to practice in
that state;

3. Increases public access to qualified licensed dentists and dental hygienists
by creating a responsible, streamlined pathway for licensees to practice in
participating states;

4. Enhances the ability of participating states to protect the public&#8217;s
health and safety;

5. Does not interfere with licensure requirements established by a participating
state;

6. Facilitates the sharing of licensure and disciplinary information among
participating states;

7. 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;

8. 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;

9. Promotes the cooperation of participating states in regulating the practice
of dentistry and dental hygiene within those states; and

10. Facilitates the relocation of military members and their spouses who are
licensed to practice dentistry or dental hygiene.
			Article 2.
			Definitions.
			As used in this Compact, unless the context requires otherwise, the following
definitions shall apply:
			&#8220;Active military member&#8221; means any person with full-time duty
status in the Armed Forces of the United States, including members of the
National Guard and Reserve.
			&#8220;Adverse action&#8221; means disciplinary action or encumbrance imposed
on a license or compact privilege by a state licensing authority.
			&#8220;Alternative program&#8221; 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.
			&#8220;Clinical assessment&#8221; 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.
			&#8220;Commissioner&#8221; means the individual appointed by a participating
state to serve as the member of the Commission for that participating state.
			&#8220;Compact&#8221; means this Dentist and Dental Hygienist Compact.
			&#8220;Compact privilege&#8221; 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.
			&#8220;Continuing professional development&#8221; 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.
			&#8220;Criminal background check&#8221; means the submission of fingerprints
or other biometric-based information for a license applicant for the purpose of
obtaining that applicant&#8217;s criminal history record information as defined
in 28 C.F.R. § 20.3(d) from the Federal Bureau of Investigation and the
state&#8217;s criminal history record repository as defined in 28 C.F.R. §
20.3(f).
			&#8220;Data system&#8221; means the Commission&#8217;s repository of
information about licensees, including but not limited to examination,
licensure, investigative, compact privilege, adverse action, and alternative
program information.
			&#8220;Dental hygienist&#8221; means an individual who is licensed by a state
licensing authority to practice dental hygiene.
			&#8220;Dentist&#8221; means an individual who is licensed by a state
licensing authority to practice dentistry.
			&#8220;Dentist and Dental Hygienist Compact Commission&#8221; or
&#8220;Commission&#8221; 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.
			&#8220;Encumbered license&#8221; means a license that a state licensing
authority has limited in any way other than through an alternative program.
			&#8220;Executive board&#8221; means the chair, vice chair, secretary, and
treasurer and any other commissioners as may be determined by commission rule or
bylaw.
			&#8220;Jurisprudence requirement&#8221; means the assessment of an
individual&#8217;s knowledge of the laws and rules governing the practice of
dentistry or dental hygiene, as applicable, in a state.
			&#8220;License&#8221; 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.
			&#8220;Licensee&#8221; means an individual who holds an unrestricted license
from a participating state to practice as a dentist or dental hygienist in that
state.
			&#8220;Model compact&#8221; 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.
			&#8220;Participating state&#8221; means a state that has enacted this Compact
and been admitted to the Commission in accordance with the provisions herein and
commission rules.
			&#8220;Qualifying license&#8221; means a license that is not an encumbered
license issued by a participating state to practice dentistry or dental hygiene.
			&#8220;Remote state&#8221; 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.
			&#8220;Rule&#8221; means a regulation promulgated by an entity that has the
force of law.
			&#8220;Scope of practice&#8221; 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.
			&#8220;Significant investigative information&#8221; 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.
			&#8220;State&#8221; means any state, commonwealth, district, or territory of
the United States that regulates the practices of dentistry and dental hygiene.
			&#8220;State licensing authority&#8221; means an agency or other entity of a
state that is responsible for the licensing and regulation of dentists or dental
hygienists.
			Article 3.
			State Participation in the Compact.

   A. In order to join this Compact and thereafter continue as a participating
   state, a state must:

1. Enact a compact that is not materially different from the model compact as
determined in accordance with Commission rules;

2. Participate fully in the Commission&#8217;s data system;

3. Have a mechanism in place for receiving and investigating complaints about
its licensees and license applicants;

4. Notify the Commission, in compliance with the terms of this Compact and
Commission rules, of any adverse action or the availability of significant
investigative information regarding a licensee and license applicant;

5. Fully implement a criminal background check requirement, within a time frame
established by Commission rule, by receiving the results of a qualifying
criminal background check;

6. Comply with the Commission rules applicable to a participating state;

7. Accept the National Board Examinations of the Joint Commission on National
Dental Examinations or another examination accepted by Commission rule as a
licensure examination;

8. Accept for licensure 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;

9. 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;

10. Require for licensure that applicants successfully complete a clinical
assessment;

11. Have continuing professional development requirements as a condition for
license renewal; and

12. Pay a participation fee to the Commission as established by Commission rule.

   B. Providing alternative pathways for an individual to obtain an unrestricted
   license does not disqualify a state from participating in this Compact.

   C. When conducting a criminal background check, the state licensing authority
   shall:

1. Consider such information in making a licensure decision;

2. Maintain documentation of completion of the criminal background check and
background check information to the extent allowed by state and federal law; and

3. Report to the Commission whether it has completed the criminal background
check and whether the individual was granted or denied a license.

   D. A licensee of a participating state who has a qualifying license in that
   state and does not hold an encumbered license in any other participating state
   shall be issued a compact privilege in a remote state in accordance with the
   terms of 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.
   				Article 4.
   				Compact Privilege.

   A. To obtain and exercise the compact privilege under the terms and provisions
   of this Compact, the licensee shall:

1. Have a qualifying license as a dentist or dental hygienist in a participating
state;

2. Be eligible for a compact privilege in any remote state in accordance with
subsections D, G, and H of this section;

3. Submit to an application process whenever the licensee is seeking a compact
privilege;

4. Pay any applicable Commission and remote state fees for a compact privilege
in the remote state;

5. Meet any jurisprudence requirement established by a remote state in which the
licensee is seeking a compact privilege;

6. Have passed a National Board Examination of the Joint Commission on National
Dental Examinations or another examination accepted by Commission rule;

7. For a dentist, have graduated from a predoctoral dental education program
accredited by the Commission on Dental Accreditation, or another accrediting
agency recognized by the 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;

8. For a dental hygienist, have graduated from a dental hygiene education
program accredited by the Commission on Dental Accreditation or another
accrediting agency recognized by the U.S. Department of Education for the
accreditation of dentistry and dental hygiene education programs;

9. Have successfully completed a clinical assessment for licensure;

10. Report to the Commission adverse action taken by any nonparticipating state
when applying for a compact privilege and, otherwise, within 30 days from the
date the adverse action is taken;

11. Report to the Commission when applying for a compact privilege the address
of the licensee&#8217;s primary residence and thereafter immediately report to
the Commission any change in the address of the licensee&#8217;s primary
residence; and

12. Consent to accept service of process by mail at the licensee&#8217;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&#8217;s primary residence
on record with the Commission with respect to any action brought or
investigation conducted by the Commission or a participating state.

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

   C. A licensee providing dentistry or dental hygiene in a remote state under
   the compact privilege shall function within the scope of practice authorized
   by the remote state for a dentist or dental hygienist licensed in that state.

   D. A licensee providing dentistry or dental hygiene pursuant to a compact
   privilege in a remote state is subject to that state&#8217;s regulatory
   authority. A remote state may, in accordance with due process and that
   state&#8217;s laws, by adverse action revoke or remove a licensee&#8217;s
   compact privilege in the remote state for a specific period of time and impose
   fines or take any other necessary actions to protect the health and safety of
   its citizens. If a remote state imposes an adverse action against a compact
   privilege that limits the compact privilege, that adverse action applies to
   all compact privileges in all remote states. A licensee whose compact
   privilege in a remote state is removed for a specified period of time is not
   eligible for a compact privilege in any other remote state until the specific
   time for removal of the compact privilege has passed and all encumbrance
   requirements are satisfied.

   E. If a license in a participating state is an encumbered license, the
   licensee shall lose the compact privilege in a remote state and shall not be
   eligible for a compact privilege in any remote state until the license is no
   longer encumbered.

   F. Once an encumbered license in a participating state is restored to good
   standing, the licensee must meet the requirements of subsection A of this
   section to obtain a compact privilege in a remote state.

   G. If a licensee&#8217;s compact privilege in a remote state is removed by the
   remote state, the individual shall lose or be ineligible for the compact
   privilege in any remote state until the following occur:

1. The specific period of time for which the compact privilege was removed has
ended; and

2. All conditions for removal of the compact privilege have been satisfied.

   H. Once the requirements of subsection G of this section have been met, the
   licensee must meet the requirements in subsection A of this section to obtain
   a compact privilege in a remote state.
   				Article 5.
   				Active Military Members or Their Spouses.
   				Active 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.
   				Article 6.
   				Adverse Actions.

   A. A participating state in which a licensee is licensed shall have exclusive
   authority to impose adverse action against the qualifying license issued by
   that participating state.

   B. A participating state may take adverse action based on the significant
   investigative information of a remote state, so long as the participating
   state follows its own procedures for imposing adverse action.

   C. Nothing in this Compact shall override a participating state&#8217;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&#8217;s laws. Participating states must require
   licensees who enter any alternative program in lieu of discipline to agree not
   to practice pursuant to a compact privilege in any other participating state
   during the term of the alternative program without prior authorization from
   such other participating state.

   D. Any participating state in which a licensee is applying to practice or is
   practicing pursuant to a compact privilege may investigate actual or alleged
   violations of the statutes and regulations authorizing the practice of
   dentistry or dental hygiene in any other participating state in which the
   dentist or dental hygienist holds a license or compact privilege.

   E. A remote state shall have the authority to:

1. Take adverse actions as set forth in subsection D of Article 4 against a
licensee&#8217;s compact privilege in the state;

2. In furtherance of its rights and responsibilities under this Compact and the
Commission&#8217;s rules issue subpoenas for both hearings and investigations
that require the attendance and testimony of witnesses and the production of
evidence. Subpoenas issued by a state licensing authority in a participating
state for the attendance and testimony of witnesses, or the production of
evidence from another participating state, shall be enforced in the latter state
by any court of competent jurisdiction, according to the practice and procedure
of that court applicable to subpoenas issued in proceedings pending before it.
The issuing authority shall pay any witness fees, travel expenses, mileage, and
other fees required by the service statutes of the state where the witnesses or
evidence are located; and

3. If otherwise permitted by state law, recover from the licensee the costs of
investigations and disposition of cases resulting from any adverse action taken
against that licensee.

   F. Joint investigations.

1. In addition to the authority granted to a participating state by its dentist
or dental hygienist licensure act or other applicable state law, a participating
state may jointly investigate licensees with other participating states.

2. Participating states shall share any significant investigative information,
litigation, or compliance materials in furtherance of any joint or individual
investigation initiated under this Compact.

   G. Authority to continue investigation.

1. After a licensee&#8217;s compact privilege in a remote state is terminated,
the remote state may continue an investigation of the licensee that began when
the licensee had a compact privilege in that remote state.

2. If the investigation yields what would be significant investigative
information had the licensee continued to have a compact privilege in that
remote state, the remote state shall report the presence of such information to
the data system as required by subdivision B 6 of Article 8 as if it was
significant investigative information.
			Article 7.
			Establishment and Operation of the Dentist and Dental Hygienist Compact
Commission.

   A. The Compact participating states hereby create and establish a joint
   government agency whose membership consists of all participating states that
   have enacted the Compact. The 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.

   B. Participation, voting, and meetings.

1. Each participating state shall have and be limited to one commissioner
selected by that participating state&#8217;s state licensing authority or, if
the state has more than one state licensing authority, selected collectively by
the state licensing authorities.

2. The commissioner shall be a member or designee of such authority or
authorities.

3. The Commission may by rule or bylaw establish a term of office for
commissioners and may by rule or bylaw establish term limits.

4. The Commission may recommend to a state licensing authority or authorities,
as applicable, removal or suspension of an individual as the state&#8217;s
commissioner.

5. A participating state&#8217;s state licensing authority, or authorities, as
applicable, shall fill any vacancy of its commissioner on the Commission within
60 days of the vacancy.

6. Each commissioner shall be entitled to one vote on all matters that are voted
upon by the Commission.

7. The Commission shall meet at least once during each calendar year. Additional
meetings may be held as set forth in the bylaws. The Commission may meet by
telecommunication, video conference, or other similar electronic means.

   C. The Commission shall have the following powers:

1. Establish the fiscal year of the Commission;

2. Establish a code of conduct and conflict of interest policies;

3. Adopt rules and bylaws;

4. Maintain its financial records in accordance with the bylaws;

5. Meet and take such actions as are consistent with the provisions of this
Compact, the Commission&#8217;s rules, and the bylaws;

6. Initiate and conclude legal proceedings or actions in the name of the
Commission, provided that the standing of any state licensing authority to sue
or be sued under applicable law shall not be affected;

7. Maintain and certify records and information provided to a participating
state as the authenticated business records of the Commission and designate a
person to do so on the Commission&#8217;s behalf;

8. Purchase and maintain insurance and bonds;

9. Borrow, accept, or contract for services of personnel, including, but not
limited to, employees of a participating state;

10. Conduct an annual financial review;

11. Hire employees, elect or appoint officers, fix compensation, define duties,
grant such individuals appropriate authority to carry out the purposes of this
Compact, and establish the Commission&#8217;s personnel policies and programs
relating to conflicts of interest, qualifications of personnel, and other
related personnel matters;

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

13. Accept any and all appropriate gifts, donations, grants of money, other
sources of revenue, equipment, supplies, materials, and services, and receive,
utilize, and dispose of the same, provided that at all times the Commission
shall avoid any appearance of impropriety and/or conflict of interest;

14. Lease, purchase, retain, own, hold, improve, or use any property, real,
personal, or mixed, or any undivided interest therein;

15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise
dispose of any property, real, personal, or mixed;

16. Establish a budget and make expenditures;

17. Borrow money;

18. Appoint committees, including standing committees, which may be composed of
members, state regulators, state legislators or their representatives, and
consumer representatives, and such other interested persons as may be designated
in this Compact and the bylaws;

19. Provide and receive information from, and cooperate with, law-enforcement
agencies;

20. Elect a chair, vice chair, secretary, and treasurer and such other officers
of the Commission as provided in the Commission&#8217;s bylaws;

21. Establish and elect an executive board;

22. Adopt and provide to the participating states an annual report;

23. Determine whether a state&#8217;s enacted compact is materially different
from the model compact language such that the state would not qualify for
participation in this Compact; and

24. Perform such other functions as may be necessary or appropriate to achieve
the purposes of this Compact.

   D. Meetings of the Commission.

1. All meetings of the Commission that are not closed pursuant to this
subsection shall be open to the public. Notice of public meetings shall be
posted on the Commission&#8217;s website at least 30 days prior to the public
meeting.

2. 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&#8217;s website, and any other means as provided in the
Commission&#8217;s rules, for any of the reasons it may dispense with notice of
proposed rulemaking under subsection L of Article 9. The Commission&#8217;s
legal counsel shall certify that one of the reasons justifying an emergency
public meeting has been met.

3. Notice of all Commission meetings shall provide the time, date, and location
of the meeting, and if the meeting is to be held or accessible via
telecommunication, video conference, or other electronic means, the notice shall
include the mechanism for access to the meeting through such means.

4. The Commission may convene in a closed, nonpublic meeting for the Commission
to receive legal advice or to discuss:
			a. Noncompliance of a participating state with its obligations under this
Compact;
			b. The employment, compensation, discipline, or other matters, practices, or
procedures related to specific employees or other matters related to the
Commission&#8217;s internal personnel practices and procedures;
			c. Current or threatened discipline of a licensee or compact privilege holder
by the Commission or by a participating state&#8217;s licensing authority;
			d. Current, threatened, or reasonably anticipated litigation;
			e. Negotiation of contracts for the purchase, lease, or sale of goods,
services, or real estate;
			f. Accusing any person of a crime or formally censuring any person;
			g. Trade secrets or commercial or financial information that is privileged or
confidential;
			h. Information of a personal nature where disclosure would constitute a
clearly unwarranted invasion of personal privacy;
			i. Investigative records compiled for law-enforcement purposes;
			j. Information related to any investigative reports prepared by or on behalf
of or for use of the Commission or other committee charged with responsibility
of investigation or determination of compliance issues pursuant to this Compact;
			k. Legal advice;
			l. Matters specifically exempted from disclosure to the public by federal or
participating state law; and
			m. Other matters as promulgated by the Commission by rule.

5. If a meeting, or portion of a meeting, is closed, the presiding officer shall
state that the meeting will be closed and reference each relevant exempting
provision, and such reference shall be recorded in the minutes.

6. The Commission shall keep minutes that fully and clearly describe all matters
discussed in a meeting and shall provide a full and accurate summary of actions
taken, and the reasons 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.

   E. Financing of the Commission.

1. The Commission shall pay, or provide for the payment of, the reasonable
expenses of its establishment, organization, and ongoing activities.

2. The Commission may accept any and all appropriate sources of revenue,
donations, and grants of money, equipment, supplies, materials, and services.

3. The Commission may levy on and collect an annual assessment from each
participating state and impose fees on licensees of participating states when a
compact privilege is granted, to cover the cost of the operations and activities
of the Commission and its staff, which must be in a total amount sufficient to
cover its annual budget as approved each fiscal year for which sufficient
revenue is not provided by other sources. The aggregate annual assessment amount
for participating states shall be allocated based upon a formula that the
Commission shall promulgate by rule.

4. The Commission shall not incur obligations of any kind prior to securing the
funds adequate to meet the same, nor shall the Commission pledge the credit of
any participating state, except by and with the authority of the participating
state.

5. The Commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the Commission shall be subject
to the financial review and accounting procedures established under its bylaws.
All receipts and disbursements of funds handled by the Commission shall be
subject to an annual financial review by a certified or licensed public
accountant, and the report of the financial review shall be included in and
become part of the annual report of the Commission.

   F. The executive board.

1. The executive board shall have the power to act on behalf of the Commission
according to the terms of this Compact. The powers, duties, and responsibilities
of the executive board shall include:
			a. Overseeing the day-to-day activities of the administration of this
Compact, including compliance with the provisions of the Compact and the
Commission&#8217;s rules and bylaws;
			b. Recommending to the Commission changes to the rules or bylaws, changes to
this Compact legislation, fees charged to Compact participating states, fees
charged to licensees, and other fees;
			c. Ensuring compact administration services are appropriately provided,
including by contract;
			d. Preparing and recommending the budget;
			e. Maintaining financial records on behalf of the Commission;
			f. Monitoring Compact compliance of participating states and providing
compliance reports to the Commission;
			g. Establishing additional committees as necessary;
			h. Exercising the powers and duties of the Commission during the interim
between Commission meetings, except for adopting or amending rules, adopting or
amending bylaws, and exercising any other powers and duties expressly reserved
to the Commission by rule or bylaw; and
			i. Other duties as provided in the rules or bylaws of the Commission.

2. The executive board shall be composed of up to seven members:
			a. The chair, vice chair, secretary, and treasurer of the Commission and any
other members of the Commission who serve on the executive board shall be voting
members of the executive board; and
			b. Other than the chair, vice chair, secretary, and treasurer, the Commission
may elect up to three voting members from the current membership of the
Commission.

3. The Commission may remove any member of the executive board as provided in
the Commission&#8217;s bylaws.

4. The executive board shall meet at least annually.
			a. An executive board meeting at which it takes or intends to take formal
action on a matter shall be open to the public, except that the executive board
may meet in a closed, nonpublic session of a public meeting when dealing with
any of the matters covered under subdivision D 4 of this section.
			b. The executive board shall give five business days&#8217; notice of its
public meetings, posted on its website and as it may otherwise determine to
provide notice to persons with an interest in the public matters the executive
board intends to address at those meetings.

5. The executive board may hold an emergency meeting when acting for the
Commission to:
			a. Meet an imminent threat to public health, safety, or welfare;
			b. Prevent a loss of Commission or participating state funds; or
			c. Protect public health and safety.

   G. Qualified immunity, defense, and indemnification.

1. The members, officers, executive director, employees, and representatives of
the Commission shall be immune from suit and liability, both personally and in
their official capacity, for any claim for damage to or loss of property or
personal injury or other civil liability caused by or arising out of any actual
or alleged act, error, or omission that occurred, or that the person against
whom the claim is made had a reasonable basis for believing occurred within the
scope of Commission employment, duties, or responsibilities, provided that
nothing in this 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.

2. The Commission shall defend any member, officer, executive director,
employee, and representative of the Commission in any civil action seeking to
impose liability arising out of any actual or alleged act, error, or omission
that occurred within the scope of Commission employment, duties, or
responsibilities, or as determined by the Commission that the person against
whom the claim is made had a reasonable basis for believing occurred within the
scope of Commission employment, duties, or responsibilities, provided that
nothing herein shall be construed to prohibit that person from retaining 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&#8217;s intentional or
willful or wanton misconduct.

3. 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&#8217;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&#8217;s employment,
duties, or responsibilities for the Commission, the Commission shall indemnify
and hold harmless such individual, provided that the actual or alleged act,
error, or omission did not result from the intentional or willful or wanton
misconduct of the individual.

4. Nothing herein shall be construed as a limitation on the liability of any
licensee for professional malpractice or misconduct, which shall be governed
solely by any other applicable state laws.

5. Nothing in this Compact shall be interpreted to waive or otherwise abrogate a
participating state&#8217;s state action immunity or state action affirmative
defense with respect to antitrust claims under the Sherman Act, Clayton Act, or
any other state or federal antitrust or anticompetitive law or regulation.

6. Nothing in this Compact shall be construed to be a waiver of sovereign
immunity by the participating states or by the Commission.
			Article 8.
			Data System.

   A. The Commission shall provide for the development, maintenance, operation,
   and utilization of a coordinated database and reporting system containing
   licensure, adverse action, and the presence of significant investigative
   information on all licensees and applicants for a license in participating
   states.

   B. Notwithstanding any other provision of state law to the contrary, a
   participating state shall submit a uniform data set to the data system on all
   individuals to whom this Compact is applicable as required by the rules of the
   Commission, including:

1. Identifying information;

2. Licensure data;

3. Adverse actions against a licensee, license applicant, or compact privilege
and information related thereto;

4. Nonconfidential information related to alternative program participation, the
beginning and ending dates of such participation, and other information related
to such participation;

5. Any denial of an application for licensure, and the reason(s) for such
denial, (excluding the reporting of any criminal history record information
where prohibited by law);

6. The presence of significant investigative information; and

7. Other information that may facilitate the administration of this Compact or
the protection of the public, as determined by the rules of the Commission.

   C. The records and information provided to a participating state pursuant to
   this Compact or through the data system, when certified by the Commission or
   an agent thereof, shall constitute the authenticated business records of the
   Commission and shall be entitled to any associated hearsay exception in any
   relevant judicial, quasi-judicial or administrative proceedings in a
   participating state.

   D. Significant investigative information pertaining to a licensee in any
   participating state will only be available to other participating states.

   E. It is the responsibility of the participating states to monitor the
   database to determine whether adverse action has been taken against a licensee
   or license applicant. Adverse action information pertaining to a licensee or
   license applicant in any participating state will be available to any other
   participating state.

   F. Participating states contributing information to the data system may
   designate information that may not be shared with the public without the
   express permission of the contributing state.

   G. Any information submitted to the data system that is subsequently expunged
   pursuant to federal law or the laws of the participating state contributing
   the information shall be removed from the data system.
   				Article 9.
   				Rulemaking.

   A. 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.

   B. The rules of the Commission shall have the force of law in each
   participating state, provided, however, that where the rules of the Commission
   conflict with the laws of the participating state that establish the
   participating state&#8217;s scope of practice as held by a court of competent
   jurisdiction, the rules of the Commission shall be ineffective in that state
   to the extent of the conflict.

   C. The Commission shall exercise its rulemaking powers pursuant to the
   criteria set forth in this section and the rules adopted thereunder. Rules
   shall become binding as of the date specified by the Commission for each rule.

   D. If a majority of the legislatures of the participating states rejects a
   Commission rule or portion of a Commission rule, by enactment of a statute or
   resolution in the same manner used to adopt 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.

   E. Rules shall be adopted at a regular or special meeting of the Commission.

   F. Prior to adoption of a proposed rule, the Commission shall hold a public
   hearing and allow persons to provide oral and written comments, data, facts,
   opinions, and arguments.

   G. Prior to adoption of a proposed rule by the Commission, and at least 30
   days in advance of the meeting at which the Commission will hold a public
   hearing on the proposed rule, the Commission shall provide a notice of
   proposed rulemaking:

1. On the website of the Commission or other publicly accessible platform;

2. To persons who have requested notice of the Commission&#8217;s notices of
proposed rulemaking; and

3. In such other way(s) as the Commission may by rule specify.

   H. The notice of proposed rulemaking shall include:

1. The time, date, and location of the public hearing at which the Commission
will hear public comments on the proposed rule and, if different, the time,
date, and location of the meeting where the Commission will consider and vote on
the proposed rule;

2. If the hearing is held via telecommunication, video conference, or other
electronic means, the Commission shall include the mechanism for access to the
hearing in the notice of proposed rulemaking;

3. The text of the proposed rule and the reason therefor;

4. A request for comments on the proposed rule from any interested person; and

5. The manner in which interested persons may submit written comments.

   I. All hearings will be recorded. A copy of the recording and all written
   comments and documents received by the Commission in response to the proposed
   rule shall be available to the public.

   J. Nothing in this section shall be construed as requiring a separate hearing
   on each Commission rule. Rules may be grouped for the convenience of the
   Commission at hearings required by this section.

   K. The Commission shall, by majority vote of all commissioners, take final
   action on the proposed rule based on the rulemaking record.

1. The Commission may adopt changes to the proposed rule provided the changes do
not enlarge the original purpose of the proposed rule.

2. The Commission shall provide an explanation of the reasons for substantive
changes made to the proposed rule as well as reasons for substantive changes not
made that were recommended by commenters.

3. The Commission shall determine a reasonable effective date for the rule.
Except for an emergency as provided in subsection L 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.

   L. Upon determination that an emergency exists, the Commission may consider
   and adopt an emergency rule with 24 hours&#8217; 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:

1. Meet an imminent threat to public health, safety, or welfare;

2. Prevent a loss of Commission or participating state funds;

3. Meet a deadline for the promulgation of a rule that is established by federal
law or rule; or

4. Protect public health and safety.

   M. The Commission or an authorized committee of the Commission may direct
   revisions to a previously adopted rule for purposes of correcting
   typographical errors, errors in format, errors in consistency, or grammatical
   errors. Public notice of any revisions shall be posted on the website of the
   Commission. The revision shall be subject to challenge by any person for a
   period of 30 days after posting. The revision may be challenged only on
   grounds that the revision results in a material change to a rule. A challenge
   shall be made in writing and delivered to the Commission prior to the end of
   the notice period. If no challenge is made, the revision will take effect
   without further action. If the revision is challenged, the revision may not
   take effect without the approval of the Commission.

   N. No participating state&#8217;s rulemaking requirements shall apply under
   this Compact.
   				Article 10.
   				Oversight, Dispute Resolution, and Enforcement.

   A. Oversight.

1. The executive and judicial branches of state government in each participating
state shall enforce this Compact and take all actions necessary and appropriate
to implement the Compact.

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

3. The Commission shall be entitled to receive service of process in any
proceeding regarding the enforcement or interpretation of 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.

   B. Default, technical assistance, and termination.

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

2. The Commission shall provide a copy of the notice of default to the other
participating states.

   C. If a state in default fails to cure the default, the defaulting state may
   be terminated from 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.

   D. 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&#8217;s legislature, the
   defaulting state&#8217;s state licensing authority or authorities, as
   applicable, and each of the participating states&#8217; state licensing
   authority or authorities, as applicable.

   E. A state that has been terminated is responsible for all assessments,
   obligations, and liabilities incurred through the effective date of
   termination, including obligations that extend beyond the effective date of
   termination.

   F. Upon the termination of a state&#8217;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.

   G. The Commission shall not bear any costs related to a state that is found to
   be in default or that has been terminated from this Compact, unless agreed
   upon in writing between the Commission and the defaulting state.

   H. The defaulting state may appeal the action of the Commission by petitioning
   the U.S. District Court for the District of Columbia or the federal district
   where the Commission has its principal offices. The prevailing party shall be
   awarded all costs of such litigation, including reasonable attorney fees.

   I. Dispute resolution.

1. 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.

2. The Commission shall promulgate a rule providing for both mediation and
binding dispute resolution for disputes as appropriate.

   J. Enforcement.

1. The Commission, in the reasonable exercise of its discretion, shall enforce
the provisions of this Compact and the Commission&#8217;s rules.

2. By majority vote, the Commission may initiate legal action against a
participating state in default in the United States District Court for the
District of Columbia or the federal district where the Commission has its
principal offices to enforce compliance with the provisions of 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&#8217;s law.

3. A participating state may initiate legal action against the Commission in the
U.S. District Court for the District of Columbia or the federal district where
the Commission has its principal offices to enforce compliance with the
provisions of 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.

4. No individual or entity other than a participating state may enforce this
Compact against the Commission.
			Article 11.
			Effective Date, Withdrawal, and Amendment.

   A. This Compact shall come into effect on the date on which the compact
   statute is enacted into law in the seventh participating state.

1. On or after the effective date of 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.
			a. A charter participating state whose enactment is found to be materially
different from the model compact shall be entitled to the default process set
forth in Article 10.
			b. If any participating state is later found to be in default, or is
terminated or withdraws from the Compact, the Commission shall remain in
existence and the Compact shall remain in effect even if the number of
participating states should be less than seven.

2. 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.

3. All actions taken for the benefit of the Commission or in furtherance of the
purposes of the administration of the Compact prior to the effective date of the
Compact or the Commission coming into existence shall be considered to be
actions of the Commission unless specifically repudiated by the Commission.

4. Any state that joins the Compact subsequent to the Commission&#8217;s initial
adoption of the rules and bylaws shall be subject to the Commission&#8217;s
rules and bylaws as they exist on the date on which the Compact becomes law in
that state. Any rule that has been previously adopted by the Commission shall
have the full force and effect of law on the day the Compact becomes law in that
state.

   B. Any participating state may withdraw from this Compact by enacting a
   statute repealing that state&#8217;s enactment of the Compact.

1. A participating state&#8217;s withdrawal shall not take effect until 180 days
after enactment of the repealing statute.

2. Withdrawal shall not affect the continuing requirement of the withdrawing
state&#8217;s licensing authority or authorities to comply with the
investigative and adverse action reporting requirements of this Compact prior to
the effective date of withdrawal.

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

   C. Nothing contained in this Compact shall be construed to invalidate or
   prevent any licensure agreement or other cooperative arrangement between a
   participating state and a nonparticipating state that does not conflict with
   the provisions of this Compact.

   D. This Compact may be amended by the participating states. No amendment to
   this Compact shall become effective and binding upon any participating state
   until it is enacted into the laws of all participating states.
   				Article 12.
   				Construction and Severability.

   A. This Compact and the Commission&#8217;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&#8217;s rulemaking authority solely for those purposes.

   B. The provisions of this Compact shall be severable and if any phrase,
   clause, sentence, or provision of this Compact is held by a court of competent
   jurisdiction to be contrary to the constitution of any participating state, a
   state seeking participation in the Compact, or of the United States, or the
   applicability thereof to any government, agency, person, or circumstance is
   held to be unconstitutional by a court of competent jurisdiction, the validity
   of the remainder of this Compact and the applicability thereof to any other
   government, agency, person, or circumstance shall not be affected thereby.

   C. Notwithstanding subsection B of this section, the Commission may deny a
   state&#8217;s participation in this Compact or, in accordance with the
   requirements of subsection B of Article 10, terminate a participating
   state&#8217;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.
   				Article 13.
   				Consistent Effect and Conflict with Other State Laws.

   A. Nothing herein shall prevent or inhibit the enforcement of any other law of
   a participating state that is not inconsistent with this Compact.

   B. 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.

   C. All permissible agreements between the Commission and the participating
   states are binding in accordance with their terms.
