Regular Session 2023-2024 House Bill 2299 P.N. 3111

PRINTER'S NO. 3111

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2299

Session of

2024

INTRODUCED BY HARKINS, KINSEY, SANCHEZ, BURGOS, GIRAL, HILL-

EVANS, ROZZI, CONKLIN, D. WILLIAMS, MERSKI AND DALEY,

MAY 20, 2024

REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, MAY 20, 2024

AN ACT

Authorizing the Commonwealth of Pennsylvania to join the

Interstate Dental and Dental Hygiene Licensure Compact; and

providing for the form of the compact.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Short title.

This act shall be known and may be cited as the Interstate

Dental and Dental Hygiene Licensure Compact Act.

Section 2. Authority to execute compact.

The Governor, on behalf of the Commonwealth, is hereby

authorized to execute a compact in substantially the following

form with any one or more of the states of the United States and

the General Assembly hereby signifies in advance its approval

and ratification of the compact:

INTERSTATE DENTAL AND DENTAL HYGIENE LICENSURE COMPACT

Section 1. PURPOSE

This Compact shall be known as the Interstate Dental and

Dental Hygiene Licensure Compact and the purpose of the Compact

is to expedite licensure and increase access to dental health

care through licensure boards acting in cooperation. The Compact

adopts the existing structures most utilized by Dental Boards

across the United States, while ensuring the safety of the

public through the sharing of documents and information. This

Compact ensures that each state retains the right to impose an

adverse action on a licensee as a home state or as a practicing

state. Each state has an opportunity to share investigations and

information with the home state of licensure. The Compact is

operated by state dental board members, administrators and other

staff, thus allowing for each state to maintain its sovereignty.

The Compact:

(a) Allows for expedited licensure portability and ease of

movement of licensees between states;

(b) Allows each state to continue to regulate the practice

of dentistry and dental hygiene within its borders;

ensuring a uniform licensure standard and sharing of information

in the Compact;

(d) Allows for licensure in every participating state by

requiring passage of the uniform licensure examination that

assesses psychomotor and cognitive dental skills and is

currently accepted in fifty state (50) licensing jurisdictions

and United States territories;

(e) Gives licensees one (1) location to maintain

professional documentation to expedite license transfers in

states, hospitals or institutional credentialing;

(f) Facilitates a faster licensure process for relocation or

separation of military members and their dependent spouses;

there are no Compact fees for military members or their spouses;

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(g) Alleviates a duplicative process for licensure among

multiple states; and

(h) Saves applicants money by not having to obtain duplicate

documents from a source that charges for the documents.

Section 2. DEFINITIONS

(a) "AADB" means the American Association of Dental Boards

(AADB) or its named successor, formerly known as the American

Association of Dental Examiners (AADE), originally chartered on

September 10th, 1896 and renewed in 1944, comprised of State

Dental Boards in the United States and its territories;

(b) "Attorneys' Committee" means the committee of attorneys

who currently represent a Member State Dental Board. The

Attorneys' Committee shall participate in the Commission as a

non-voting member. An attorney that has previously served as an

attorney for a Member State Dental Board may be invited on a

year-to-year basis to serve on the Attorneys' Committee if they

have not engaged in an official case against a State Dental

Board or have any no other conflict of interest. The Attorneys'

Committee may assist the investigators in working through joint

investigation issues between states;

in full-time active-duty status in the active uniformed services

of the United States, including members of the National Guard

and Reserves. The legal spouse of the military member must be

recognized by the military unit as a dependent while the service

member is on active duty. Spouses shall receive the same

privileges as military members for the purpose of this Compact;

(d) "Active Investigation" means an active investigation

resulting in formal allegations or charges precipitating a

judicial process by a State Dental Board, oversight agency, or

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other law enforcement entity;

(e) "Adverse Action" means an order issued by a State Dental

Board or reported to the clearinghouse pursuant to the

Commission's Bylaws and rules that disciplines a Licensee.

Adverse Action includes, and is not limited to, the suspension,

limiting, or revocation of a License or Compact License

Privilege; the imposition of fees and sanctions; and any

temporary emergency order that may be later withdrawn by a

Board;

(f) "ADEX examination" means the initial licensure

examinations developed by the American Board of Dental

Examiners, Inc. or its successor;

(g) "Bylaws" means the bylaws passed by the Commission or

its named successor commission;

(h) "Clearinghouse" means the clearinghouse and databank

that houses prior Adverse Action documentations, orders and

denials of licensure or permits from State Dental Boards that is

administered by the AADB or its successor;

(i) "CODA" means the Commission on Dental Accreditation or

its successor as approved by the United States Department of

Education;

(j) "Commission" means the Interstate Dental and Dental

Hygiene Compact Licensure Commission created pursuant to Section

3 of this Act;

(k) "Commissioners" means the two (2) members chosen by each

Member State Dental Board to serve as the voting members of the

Commission;

(l) "Compact" means the Interstate Dental and Dental Hygiene

Licensure Compact created pursuant to Section 3 of this Act;

(m) "Compact License Privilege" means the expedited dental

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or dental hygiene license to practice in a Member State that is

not the Licensee's Home State;

(n) "Conviction" means an adjudication or formal judgment by

a court that an individual is guilty through a plea of guilty or

no contest, or a finding of guilt by the court. Evidence of a

conviction of a criminal offense by the court shall be

considered final for the purposes of considering or imposing

disciplinary action by a Member State Dental Board;

(o) "Criminal background check" means a criminal background

check using the results of fingerprint or other biometric data

checks compliant with the requirements of the Federal Bureau of

Investigation, with the exception of federal employees who have

suitability determination in accordance with 5 C.F.R. 731.202;

(p) "Dental hygienist" means any person who:

1. Has successfully graduated from a CODA-approved dental

hygiene school;

2. Has successfully passed the ADEX dental hygiene licensure

examination; or has been in practice 5 years or more and has

successfully passed a Regional Board Examination or equivalent

state-administered psychomotor licensure examination prior to

January 1, 2024;

3. Has successfully passed the written national dental

hygiene board examination administered by the Joint Commission

on National Dental Examinations;

4. Possesses a full and unrestricted dental hygiene license

issued by a Member State;

5. Has never been convicted or received adjudication,

deferred adjudication, community supervision or deferred

disposition for any offense by a court of appropriate

jurisdiction;

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6. Has never been a subject of discipline by a Licensing

Agency through any Adverse Action, order, or other restriction

of the Licensee by a Licensing Agency, with the exception of

failure to pay fees or failure to complete continuing education;

7. Is not currently under Active Investigation by a

Licensing Agency or law enforcement authority in any state,

federal or foreign jurisdiction; and

8. Meets any jurisprudence requirement established by a

Member State Dental Board of a Member State in which a Licensee

is seeking a Compact License Privilege.

(q) "Dental Practice Act" means the laws and regulations

governing the practice of dentistry within a Member State;

(r) "Dentist" means any person who:

1. Has successfully graduated from a CODA-approved dental

school;

2. Has successfully passed the ADEX dental licensure exam;

or has been in practice 5 years or more and has successfully

passed a Regional Board Examination or equivalent state-

administered psychomotor licensure examination prior to January

1, 2024;

3. Has successfully passed the written National Dental Board

Exam administered by the Joint Commission on National Dental

Examinations;

4. Possesses a full and unrestricted dental license issued

by a Member State Dental Board;

5. Has never been convicted or received adjudication,

deferred adjudication, community supervision, or deferred

disposition for any offense by a court of appropriate

jurisdiction;

6. Has never been a subject of discipline by a Licensing

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Agency through any Adverse Action, order, or other restriction

of the Licensee by a Licensing Agency, with the exception of

failure to pay fees or failure to complete continuing education;

7. Has never had a state or federal drug registration,

permit, or license restricted, suspended, or revoked by the

United States Drug Enforcement Administration or any Licensing

Agency that oversees scheduled drug registrations;

8. Is not currently under Active Investigation by a

Licensing Agency or law enforcement authority in any state,

federal or foreign jurisdiction; and

9. Meets any jurisprudence requirement established by a

Member State Dental Board in which a Licensee is seeking a

Compact License Privilege;

(s) "Home State" means the state of primary licensure of a

Licensee;

(t) "License" means the authorization by a Licensing

Authority for a dentist or dental hygienist to engage in the

unrestricted practice of dentistry or dental hygiene, which

would be unlawful without such license;

(u) "Licensee" means a Dentist or Dental Hygienist who holds

an unrestricted License to practice as a dentist or dental

hygienist.

(v) "Licensing Agency" means the agency or other entity of a

State that is responsible for the licensing of Dentists and

Dental Hygienists. If a Member State Dental Board has such

responsibility, it shall be deemed a Licensing Agency.

(w) "Member State Dental Board" means a state agency in a

Member State that protects the public through licensure,

regulation, and the education of dentist and dental hygienists,

as directed by the state law. All actions taken by a Member

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State Dental Board shall be under the authority of the laws its

State and any other rights conferred under this Compact;

(x) "Member State" means a state or United States territory

that has enacted the Compact;

(y) "Regional Board Examination" means initial licensure

examinations administered by the Western Regional Examining

Board (WREB), the North East Regional Board of Dental Examiners

(NERB), the Commission on Dental Competency Assessments (CDCA),

Council of Interstate Testing Agencies (CITA), Southern Regional

Testing Agency (SRTA), or Central Regional Dental Testing

Services (CRDTS) that assess psychomotor skills;

(z) "Repository" means the repository of original documents

of a Licensee that may include original transcripts,

certification documents, test scores, military training records,

previous or current licensing documents and other sources of

materials needed for applications and verification administered

by the AADB or its successor. The Repository shall receive

documents from primary or originating sources and/or verify

their authenticity;

(aa) "Scope of practice" means the dental-related procedures

that require a License, permit, or training, to undertake the

treatment and procedure to be completed on a patient within the

Member State's requirements;

(bb) "State" means a state within the United States or a

United States Territory; and

(cc) "State jurisprudence" means the knowledge of a Member

State's laws and rules of dentistry and dental hygiene.

Section 3. COMPACT AND COMMISSION

(a) The Member States hereby create the Interstate Dental

and Dental Hygiene Licensure Compact and the Commission. Each

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State must enact a compact that is not materially different from

this Compact, as determined by the Commission.

(b) Each Member State Dental Board shall have two (2) voting

members who shall serve as Commissioners. Each Commissioner

shall have one (1) vote. Member States with separate dental and

dental hygiene Licensing Agencies shall appoint one (1)

Commissioner from each licensing agency. One Commissioner shall

be a current member of a Member State Dental Board.

Commissioners may not delegate votes or vote by proxy, however,

if a Commissioner is unable to attend, the Member State may

substitute a Commissioner who meets the same requirements.

shall become active. The Commission shall adopt Bylaws upon

becoming active.

(d) The Commission shall meet at least once per calendar

year (the "Annual Meeting") and at additional times as necessary

pursuant to the Bylaws and rules.

(e) At each Annual Meeting, the Commission shall elect a

Chair, Vice Chair, Secretary, and Treasurer from the membership

of the Commission (the "Officers.") The Officers shall be

members of the Commission's Executive Committee (the "Executive

Committee.") The Commission shall also elect representatives

from four (4) regional districts established by the Commission

to serve on the Executive Committee. All Officers and Executive

Committee representatives shall serve one (1)-year terms.

(f) Quorum for purposes of conducting business shall be a

majority of Commissioners attending in person or virtually.

(g) The Commission shall provide notice of all meetings on

its website and in other communications to Member State Dental

Boards.

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(h) A vote of two-thirds (2/3) of the Commissioners present

shall be required for an executive session to discuss:

(1) Items specifically related to participation in a lawsuit

or in anticipation of a legal proceeding;

(2) Matters specifically exempted from disclosure by federal

statute;

(3) Information or matters involving law enforcement

agencies or information that accuses a person of a crime or a

public censure;

(4) Discussions that would include information of a personal

nature that would constitute an unwarranted invasion of personal

privacy;

(5) Anything considered internal practices and procedures or

a trade secret;

(6) Other items described in the Commission Bylaws allowing

for executive sessions to be called; or

(7) Advice of Legal Counsel.

(i) The Commission shall keep minutes and make them

available to all Member States.

(j) The Commission may establish other committees as needed.

(k) The Commission shall prepare an annual report that shall

be made available to the legislatures and governors of the

Member States. The annual report shall describe the activities

of the Commission during the preceding calendar year. Such

reports shall also include reports of the annual financial audit

and any actions taken by or rules that were adopted by the

Commission.

Section 4. DUTIES OF COMPACT MEMBER STATES

(a) Member States shall submit to the Clearinghouse all

Member State Dental Board actions and other documents and data

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as determined by the Commission;

(b) Member States shall notify the Commission of any Adverse

Action taken by the Member State Dental Board, any Active

Investigation by the Member State Dental Board, any Active

Investigation involving pending criminal charges, or other

circumstance as determined by the Commission;

license or permit on a Licensee or Compact License Privilege

holder shall be reported to the Clearinghouse by the Member

State Dental Board;

(d) Member State Dental Boards may submit to the

Clearinghouse nonpublic complaints, or disciplinary or

investigatory information not required by Section 4(c). All

investigatory material shall be considered confidential and not

part of a public record unless otherwise specifically required

by state statute;

(e) Accept continuing education credits as required by each

state;

(f) Documents in the Repository shall be treated by a Member

State as the equivalent of a primary or original source document

for licensure;

(g) Member States shall accept a standardized application

for a Compact License Privilege. The standardized application

shall be established by the rules enacted by the Commission;

(h) Member States may agree to share information regarding

ongoing investigations and actions, including joint

investigations between states. All investigatory material shall

be considered confidential and not part of a public record

unless otherwise specifically required by state statute; and

(i) As part of the Compact enforcement, participating Member

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States may issue subpoenas and seek testimony of witnesses,

which subpoenas shall be enforced in other Member States and

enforced by a court of competent jurisdiction where the

witnesses or evidence is located.

Section 5. POWERS AND DUTIES OF THE COMMISSION

(a) The Commission shall have the duty and power to:

(1) Oversee and maintain the administration of the Compact,

including the organizational needs, the financial activities,

the hiring of personnel and ongoing activities or needs of the

Commission;

(2) Promulgate Bylaws and rules to operate the Compact and

the Commission;

(3) Establish a budget and make expenditures;

(4) Have an annual financial audit performed by an

independent certified public accounting firm;

(5) Issue, upon the request of a Member State Dental Board,

advisory opinions concerning the meaning or interpretation of

the Compact and its Bylaws, rules, and actions;

(6) Enforce compliance with Compact provisions, the rules

promulgated by the Commission, and the Bylaws, using all

necessary and proper means, including but not limited to the use

of judicial process;

(7) Hold an Annual Meeting for the Commission where the

elections of the Executive Committee and other issues may be

discussed and voted on;

(8) Establish personnel policies and programs relating to

conflicts of interest, and the rates of compensation and

qualifications of personnel;

(9) Accept donations and grants of money, equipment,

supplies, materials and services, and to receive, utilize and

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dispose of them in a manner consistent with the conflict-of-

interest policies established by the Commission;

(10) Report annually to the legislatures and governors of

the Member State Dental Boards concerning the activities of the

Commission during the preceding calendar year. Such reports

shall also include reports of annual financial audits, all

actions of the Commission, rules adopted by the Commission, and

any recommendations by the Commission; and

(11) Coordinate education, training and public awareness

regarding the Compact, its implementation, and its operation.

(b) The Executive Committee shall have the power to act on

behalf of the Commission, with the exception of rulemaking,

during periods when the Commission is not in session. When

acting on behalf of the Commission, the Executive Committee

shall oversee the administration of the Compact, including

enforcement and compliance of the Compact.

immune from suit and liability, either personally or in their

official capacity, for a claim for damage to or loss of property

or personal injury or other civil liability caused or arising

out of, or relating to, an actual or alleged act, error or

omission that occurred, or that such person had a reasonable

basis for believing occurred, within the scope of Commission

employment, duties or responsibilities; provided, that such

person shall not be protected from suit or liability for damage,

loss, injury or liability caused by the intentional or willful

and wanton misconduct of such person.

(d) The liability of the executive director and employees of

the Commission or representatives of the Commission, acting

within the scope of such person's employment or duties for acts,

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errors or omissions occurring within such person's state may not

exceed the limits of liability set forth under the constitution

and laws of that state for state officials, employees and

agents. The Commission shall be considered to be an

instrumentality of the states for the purposes of any such

action. Nothing in this subsection shall be construed to protect

such person from suit or liability for damage, loss, injury or

liability caused by the intentional or willful and wanton

misconduct of such person.

(e) The Commission shall defend the Commission's executive

director, its employees, and, subject to the approval of the

attorney general or other appropriate legal counsel of the

Member State represented by an Commission representative, shall

defend such Commission representative in any civil action

seeking to impose liability arising out of an actual or alleged

act, error or omission that occurred within the scope of

Commission employment, duties or responsibilities, or that the

defendant had a reasonable basis for believing occurred within

the scope of Commission employment, duties or responsibilities,

provided that the actual or alleged act, error or omission did

not result from intentional or willful and wanton misconduct on

the part of such person.

(f) To the extent not covered by the state involved, Member

State, or the Commission, the representatives or employees of

the Commission shall be held harmless in the amount of a

settlement or judgment, including attorney fees and costs,

obtained against such persons arising out of an actual or

alleged act, error or omission that occurred within the scope of

Commission employment, duties or responsibilities, or that such

persons had a reasonable basis for believing occurred within the

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scope of Commission employment, duties or responsibilities,

provided that the actual or alleged act, error or omission did

not result from intentional or willful and wanton misconduct on

the part of such persons.

Section 6. APPLICATION, ELIGIBILITY, AND ISSUANCE OF COMPACT

LICENSE PRIVILEGE TO A MEMBER STATE.

(a) A dentist or dental hygienist applying for Compact

License Privileges shall meet the requirements of a Dentist as

listed in Section (2)(r) of this Compact or a Dental Hygienist

as listed in Section (2)(p) of this Compact and hold a current

License in a Member State under this Compact.

(b) Each Dentist or Dental Hygienist shall designate a Home

State of licensure. The Home State shall be determined by:

(1) The State of primary residence for the Dentist or Dental

Hygienist, where twenty-five percent (25%) of their practice

within one year occurs. An active-duty military member or their

spouse may choose a Home State as designated with the military

but are not required to meet the requirement of twenty-five

percent (25%) practice being within their Home State; or

(2) If no State qualifies under Section 6(b)(1), then the

State where the Dentist or Dental Hygienist filed the previous

year's federal tax return.

State no more than one time in a calendar year if the

qualifications of a Home State are met.

(d) A Dentist or Dental hygienist seeking a Compact License

Privilege (the "Applicant") shall apply to their Home State

Dental Board for a letter stating that the Applicant is eligible

for Compact License Privileges.

(e) The Home State Dental Board shall determine the

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eligibility of an application for a Compact License Privilege

and shall issue a letter of approval or denial of the

application for a Compact License Privilege.

(f) The letter from the Applicant's Home State Dental Board

approving the application shall be submitted to the Member State

Dental Board for the Member State in which the Applicant

proposes to practice, and shall include: (i) the Compact

application packet; (ii) authorization to seek access to the

Applicant's Repository documents; (iii) any additional

information that may be required by the proposed Compact License

Privilege state; and (iv) any required fees. The Member State

Dental Board shall review the application to confirm compliance

with the Member State's laws and regulations. Following such

review, if the Member State Dental Board approves the

application, it shall issue a Compact License Privilege from the

proposed Member State to the Applicant.

(g) Appeals of a denial of a Compact License Privilege

application shall be filed with the Member State Dental Board

making such determination, and shall be filed within thirty (30)

days of the date of the denial.

(h) A Licensee holding a Compact License Privilege shall

notify the Commission within ten (10) business days of any

Adverse Action taken against a License held in a state that is

not a Member State.

(i) A Compact License Privilege may be revoked, suspended or

limited by the issuing Member State Dental Board if at any time

the Licensee's Home State license is revoked, suspended or

limited.

(j) The Commission shall issue rules on the duration of a

Compact License Privilege, the application and renewal process

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for a Compact License Privilege, and any application fees.

(k) Eligibility or ineligibility to receive a Compact

License Privilege shall not limit the ability of a Licensee to

seek a state license through the regular process outside of the

Compact.

Section 7. JURISDICTION OVER COMPACT LICENSE PRIVILEGE HOLDERS

(a) Each Licensee holding a Compact License Privilege shall

be subject to and comply with the laws and regulations of the

Member State in which such Licensee practices under a Compact

License Privilege.

(b) Each Licensee holding a Compact License Privilege shall

be subject to the jurisdiction and authority of the Member State

Dental Board of the state in which such Licensee practices, as

if they held a license issued from such Member State Dental

Board. Such Compact License Privilege holder shall be deemed a

"Licensee" of the Member State Dental Board for purposes of such

board taking an Adverse Action.

list a current address with the Commission that shall serve as

their official address of service.

(d) A Licensee holding a Compact License Privilege may have

an Adverse Action taken against them by:

(1) The Member State Dental Board of the Member State in

which they are practicing with a Compact License Privilege;

(2) The Licensee's Home State; or

(3) The State Licensing Authority of a State that is not a

Member State from which the Licensee holds a License.

(e) A Home State may take an Adverse Action against the

holder of a Compact License Privilege, regardless of where the

actions giving rise to the Adverse Action occurred.

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(f) Any Member State in which the Compact Licensee holds a

Compact License Privilege may investigate an allegation of a

violation of the laws and rules of the practice of dentistry or

dental hygiene in any other State where the Compact Licensee

holds a Compact License Privilege.

Section 8. FEES AND MILITARY WAIVER

(a) The Commission shall issue rules regarding the use of

the Repository by each holder of a Compact License Privilege.

(b) A Member State Dental Board issuing a Compact License

Privilege authorizing practice in its State may impose a fee for

a Compact License Privilege, for ether initial issuance or any

renewal.

military member and/or their spouse up to one (1) year after

separation. Each Member State issuing a Compact License

Privilege may waive fees for active-duty military and/or their

spouse as required by each individual state statute.

(d) Active-duty military may transfer military training

records to the Repository without a fee.

Section 9. JOINT INVESTIGATIONS AND DISCIPLINARY ACTIONS

(a) Each Member State shall name a point of contact for

joint investigations between Member State Dental Boards.

(b) Member State Dental Boards may participate with other

Member State Dental Boards in joint investigations of Licensees

that are subject to this Compact.

litigation or other materials in furtherance of any joint or

individual investigation of a Compact License Privilege holder.

(d) A subpoena issued by a Member State or Member State

Dental Board shall be enforceable in other Member States as

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allowed by law.

(e) If a Compact License Privilege holder has an Adverse

Action taken by any Member State Dental Board against the

Compact License Privilege holder, the Compact License Privilege

holder shall automatically be subject to discipline by other

Member State Dental Boards.

(f) If a Compact License Privilege holder has an Adverse

Action taken against their Home State license, including being

revoked, surrendered, or relinquished in lieu of discipline or

suspended, then automatically all other Compact License

Privileges shall be placed in the same status. The Home State

Dental Board shall notify the Commission and the Commission

shall issue a notice to all Member State Dental Boards of such

Adverse Action.

(g) If discipline or an Adverse Action is taken against a

Compact License Privilege holder in a Member State, the Member

State Board shall notify the Commission and the Home State of

the Compact License Privilege holder. The Home State may deem

the action conclusive as a matter of law and fact decided and

may:

(1) Impose the same or lesser sanction consistent with the

Home State's laws; or

(2) Pursue separate actions against the Compact License

Privilege holder under its laws, regardless of the sanctions

pursued by the Member State Dental Board.

Section 10. OTHER REQUESTS FOR INFORMATION FROM THE REPOSITORY

AND THE CLEARINGHOUSE

(a) Insurance companies and entities verifying documents for

the purpose of licenses extended to a Dentist or Dental

Hygienist may seek information from the Clearinghouse for public

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record documents;

(b) A Dentist or Dental Hygienist may submit a request to

the Commission to allow any hiring employer, entity, or

insurance company to access documents from the Repository for

the purposes of credentialing, licensing or other privileges;

services.

Section 11. RULEMAKING FUNCTIONS OF THE COMMISSION

(a) The Commission shall promulgate reasonable rules in

order to effectively and efficiently implement and achieve the

purposes and administration of the Compact. Notwithstanding the

foregoing, in the event the Commission exercises its rulemaking

authority in a manner that is beyond the scope of the purposes

of the Compact or the powers granted hereunder, then such an

action by the Commission may be determined to be invalid and

have no force or effect.

(b) Rules issued by the Commission shall have the force of

law in each Member State.

Commission shall be made pursuant to a rulemaking process that

substantially conforms to the Model State Administrative

Procedure Act of 2010, and subsequent amendments thereto.

Section 12. OVERSIGHT OF THE COMPACT

(a) The executive, legislative, and judicial branches of

state government in each Member State shall enforce the Compact

and shall take all actions necessary and appropriate to

effectuate the Compact's purposes and intent to allow for

expedited licensure for the purpose of mobility. The provisions

of the Compact and the rules promulgated hereunder shall have

standing as statutory law but shall not override existing state

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authority to regulate the practice of dentistry and dental

hygiene.

(b) All courts may take judicial notice of the Compact and

the rules in any judicial or administrative proceeding in a

Member State pertaining to the subject matter of the Compact

which may affect the powers, responsibilities or actions of the

Commission.

of process in any such proceeding and shall have standing to

intervene in the proceeding for all purposes. Failure to provide

service of process to the Commission shall render a judgment or

order void as to the Commission, the Compact or promulgated

rules.

Section 13. ENFORCEMENT AND DEFAULT PROCEDURES

(a) The Commission, in the reasonable exercise of its

discretion, shall enforce the provisions and rules of the

Compact.

(b) The grounds for default under this Compact by a Member

State include, but are not limited to, failure of a Member State

to perform such obligations or responsibilities imposed upon it

by the Compact or by the rules and Bylaws of the Commission

promulgated under the Compact.

defaulted in the performance of its obligations or

responsibilities under the Compact, or the Bylaws or promulgated

rules, the Commission shall:

(1) provide written notice to the defaulting state and other

Member States of the nature of the default, the means of curing

the default and any action taken by the Commission. The

Commission shall specify the conditions by which the defaulting

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state must cure its default; and

(2) provide remedial training and specific technical

assistance regarding the default.

(d) If the defaulting state fails to cure the default, the

defaulting state shall be terminated from the Compact upon an

affirmative vote of a majority of the Commissioners and all

rights, privileges and benefits conferred by the Compact shall

terminate 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 the default.

(e) Termination of membership in the Compact shall be

imposed only after all other means of securing compliance have

been exhausted. Notice of intent to terminate shall be given by

the Commission to the Governor, the majority and minority

leaders of the defaulting state's legislature and each of the

Member States.

(f) The Commission shall establish rules and procedures to

address licenses and Compact License Privilege holders that are

materially impacted by the termination of a Member State or the

withdrawal of a Member State.

(g) The Commission shall not bear any costs relating to any

state that has been found to be in default or which has been

terminated from the Compact, unless otherwise mutually 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 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) The Commission shall not bear any costs relating to any

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state that has been found to be in default or which has been

terminated from the Compact, unless otherwise mutually agreed

upon in writing between the Commission and the defaulting state.

(j) The remedies herein shall not be the exclusive remedies

of the Commission. The Commission may avail itself of any other

remedies available under state law or the regulation of a

profession.

Section 14. DISPUTE RESOLUTION

(a) The Commission shall attempt, upon the request of a

Member State Dental Board, to resolve disputes which are subject

to the Compact and which may arise among Member State Dental

Boards.

(b) The Commission shall promulgate rules providing for both

mediation and binding dispute resolution, as appropriate.

Section 15. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT

(a) Any state is eligible to become a Member State of the

Compact.

(b) The Compact shall become effective and binding upon

legislative enactment of the Compact into law by no less than

five (5) states. Thereafter, it shall become effective and

binding on a state upon enactment of the Compact into law by

that State.

shall be invited to participate in the activities of the

Commission on a nonvoting basis prior to adoption of the Compact

by all States.

(d) The Commission may propose amendments to the Compact for

enactment by the Member States. No amendment shall become

effective and binding upon the Commission and the Member States

unless and until it is enacted into law by unanimous consent of

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the Member States.

Section 16. WITHDRAWAL

(a) Once effective, the Compact shall continue in force and

remain binding upon each and every Member State; provided,

however, that a Member State may withdraw from the Compact after

giving appropriate notice by specifically repealing the statute

which enacted the Compact into law.

(b) The Licensee's Compact License Privilege shall remain in

effect for six (6) months from the date of the Member State

Dental Board withdrawal.

chairperson of the Commission in writing upon the introduction

of legislation repealing the Compact by the withdrawing state.

(d) The Commission shall notify the other Member States of

the withdrawing State's intention to withdraw within sixty (60)

days of its receipt of notice provided under Section 16(c) of

this section.

(e) Reinstatement following withdrawal of a Member State

shall occur upon the withdrawing state reenacting the Compact or

upon such later date as determined by the Commission.

(f) The Commission shall issue rules to address the impact

of the withdrawal of a Member State on Licenses granted by other

Member States to dentists and dental hygienists who designated

the withdrawing Member State as their Home State.

Section 17. DISSOLUTION

(a) The Compact shall dissolve effective upon the date of

the withdrawal or default of the Member State which reduces the

membership in the Compact to one (1) Member State.

(b) Upon the dissolution of the Compact, the Compact shall

become null and void and shall be of no further force or effect,

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and the business and affairs of the Commission shall be

concluded and surplus funds shall be distributed in accordance

with the Bylaws.

Section 18. SEVERABILITY AND CONSTRUCTION

(a) The provisions of the Compact shall be severable, and if

any phrase, clause, sentence or provision is deemed

unenforceable, the remaining provisions of the Compact shall be

enforceable.

(b) The provisions of the Compact shall be liberally

construed to effectuate its purposes.

Section 19. BINDING EFFECT OF COMPACT AND OTHER LAWS

(a) Nothing herein prevents the enforcement of any other law

of a Member State that is not inconsistent with the Compact.

(b) All lawful actions of the Commission, including all

rules and Bylaws promulgated by the Commission, shall be binding

upon the Member States.

States shall bear binding in accordance with their terms.

(d) In the event any provision of the Compact exceeds the

constitutional limits imposed on the legislature of any Member

State, such provision shall be ineffective to the extent of the

conflict with the constitutional provision in question in that

Member State.

Section 20. RULES OF ORDER

The most current edition of the American Institute of

Parliamentarians Standard Code of Parliamentary Procedure shall

apply to all meetings of the Commission, including its

committees, in those situations not otherwise covered in the

Bylaws.

Section 3. Operation.

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(a) General rule.--When the Governor executes the compact on

behalf of the Commonwealth and files a verified copy thereof

with the Secretary of the Commonwealth and when the compact is

ratified by one or more other states, the compact shall become

operative and effective between the Commonwealth and such other

state or states. The Governor is hereby authorized and directed

to take such action as may be necessary to complete the exchange

of official documents between the Commonwealth and any other

state ratifying the compact.

(b) Notice in Pennsylvania Bulletin.--The Secretary of the

Commonwealth shall transmit a notice to the Legislative

Reference Bureau for publication in the next available issue of

the Pennsylvania Bulletin when the conditions specified in

subsection (a) are satisfied and shall include in the notice the

date on which the compact became effective and operative between

the Commonwealth and any other state or states in accordance

with this act.

Section 4. Compensation and expenses of compact administrator.

The commissioners who represent the Commonwealth, as provided

for in the compact, shall not be entitled to any additional

compensation for the duties and responsibilities as commissioner

but shall be entitled to reimbursement for reasonable expenses

actually incurred in connection with the duties and

responsibilities as commissioner in the same manner as for

expenses incurred in connection with other duties and

responsibilities of the office or employment.

Section 5. Effective date.

This act shall take effect in 60 days.

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