Regular Session 2023-2024 Senate Bill 0895 P.N. 1051

PRINTER'S NO. 1051

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

895

Session of

2023

INTRODUCED BY FARRY, BROWN, SCHWANK, DUSH, LAUGHLIN AND

LANGERHOLC, AUGUST 16, 2023

REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,

AUGUST 16, 2023

AN ACT

Authorizing the Commonwealth of Pennsylvania to join the Dentist

and Dental Hygienist 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 Dentist and

Dental Hygienist 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 such compact:

DENTIST AND DENTAL HYGIENIST COMPACT

SECTION 1. TITLE AND PURPOSE

This statute shall be known and cited as the Dentist and

Dental Hygienist Compact. The purposes of this Compact are to

facilitate the interstate practice of dentistry and dental

hygiene and improve public access to dentistry and dental

hygiene services by providing Dentists and Dental Hygienists

licensed in a Participating State the ability to practice in

Participating States in which they are not licensed. The Compact

does this by establishing a pathway for a Dentists and Dental

Hygienists licensed in a Participating State to obtain a Compact

Privilege that authorizes them to practice in another

Participating State in which they are not licensed. The Compact

enables Participating States to protect the public health and

safety with respect to the practice of such Dentists and Dental

Hygienists, through the State's authority to regulate the

practice of dentistry and dental hygiene in the State. The

Compact:

A. Enables Dentists and Dental Hygienists who qualify for a

Compact Privilege to practice in other Participating States

without satisfying burdensome and duplicative requirements

associated with securing a License to practice in those States;

B. Promotes mobility and addresses workforce shortages

through each Participating State's acceptance of a Compact

Privilege to practice in that State;

C. Increases public access to qualified, licensed Dentists

and Dental Hygienists by creating a responsible, streamlined

pathway for Licensees to practice in Participating States.

D. Enhances the ability of Participating States to protect

the public's health and safety;

E. Does not interfere with licensure requirements established

by a Participating State;

F. Facilitates the sharing of licensure and disciplinary

information among Participating States;

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G. Requires Dentists and Dental Hygienists who practice in a

Participating State pursuant to a Compact Privilege to practice

within the Scope of Practice authorized in that State;

H. Extends the authority of a Participating State to regulate

the practice of dentistry and dental hygiene within its borders

to Dentists and Dental Hygienists who practice in the State

through a Compact Privilege;

I. Promotes the cooperation of Participating State in

regulating the practice of dentistry and dental hygiene within

those States;

J. Facilitates the relocation of military members and their

spouses who are licensed to practice dentistry or dental

hygiene;

SECTION 2. DEFINITIONS

As used in this Compact, unless the context requires

otherwise, the following definitions shall apply:

A. "Active Military Member" means any person with full-time

duty status in the armed forces of the United States, including

members of the National Guard and Reserve.

B. "Adverse Action" means disciplinary action or encumbrance

imposed on a License or Compact Privilege by a State Licensing

Authority.

C. "Alternative Program" means a non-disciplinary monitoring

or practice remediation process applicable to a Dentist or

Dental Hygienist approved by a State Licensing Authority of a

Participating State in which the Dentist or Dental Hygienist is

licensed. This includes, but is not limited to, programs to

which Licensees with substance abuse or addiction issues are

referred in lieu of Adverse Action.

D. "Clinical Assessment" means examination or process,

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required for licensure as a Dentist or Dental Hygienist as

applicable, that provides evidence of clinical competence in

dentistry or dental hygiene.

E. "Commissioner" means the individual appointed by a

Participating State to serve as the member of the Commission for

that Participating State.

F. "Compact" means this Dentist and Dental Hygienist Compact.

G. "Compact Privilege" means the authorization granted by a

Remote State to allow a Licensee from a Participating State to

practice as a Dentist or Dental Hygienist in a Remote State.

H. "Continuing Professional Development" means a requirement,

as a condition of License renewal to provide evidence of

successful participation in educational or professional

activities relevant to practice or area of work.

I. "Criminal Background Check" means the submission of

fingerprints or other biometric-based information for a License

applicant for the purpose of obtaining that applicant's criminal

history record information, as defined in 28 C.F.R. § 20.3(d)

from the Federal Bureau of Investigation and the State's

criminal history record repository as defined in 28 C.F.R. §

20.3(f).

J. "Data System" means the Commission's repository of

information about Licensees, including but not limited to

examination, licensure, investigative, Compact Privilege,

Adverse Action, and Alternative Program.

K. "Dental Hygienist" means an individual who is licensed by

a State Licensing Authority to practice dental hygiene.

L. "Dentist" means an individual who is licensed by a State

Licensing Authority to practice dentistry.

M. "Dentist and Dental Hygienist Compact Commission" or

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"Commission" means a joint government agency established by this

Compact comprised of each State that has enacted the Compact and

a national administrative body comprised of a Commissioner from

each State that has enacted the Compact.

N. "Encumbered License" means a License that a State

Licensing Authority has limited in any way other than through an

Alternative Program.

O. "Executive Board" means the Chair, Vice Chair, Secretary

and Treasurer and any other Commissioners as may be determined

by Commission Rule or bylaw.

P. "Jurisprudence Requirement" means the assessment of an

individual's knowledge of the laws and Rules governing the

practice of dentistry or dental hygiene, as applicable, in a

State.

Q. "License" means current authorization by a State, other

than authorization pursuant to a Compact Privilege, or other

privilege, for an individual to practice as a Dentist or Dental

Hygienist in that State.

R. "Licensee" means an individual who holds an unrestricted

License from a Participating State to practice as a Dentist or

Dental Hygienist in that State.

S. "Model Compact" the model for the Dentist and Dental

Hygienist Compact on file with the Council of State Governments

or other entity as designated by the Commission.

T. "Participating State" means a State that has enacted the

Compact and been admitted to the Commission in accordance with

the provisions herein and Commission Rules.

U. "Qualifying License" means a License that is not an

Encumbered License issued by a Participating State to practice

dentistry or dental hygiene.

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V. "Remote State" means a Participating State where a

Licensee who is not licensed as a Dentist or Dental Hygienist is

exercising or seeking to exercise the Compact Privilege.

W. "Rule" means a regulation promulgated by an entity that

has the force of law.

X. "Scope of Practice" means the procedures, actions, and

processes a Dentist or Dental Hygienist licensed in a State is

permitted to undertake in that State and the circumstances under

which the Licensee is permitted to undertake those procedures,

actions and processes. Such procedures, actions and processes

and the circumstances under which they may be undertaken may be

established through means, including, but not limited to,

statute, regulations, case law, and other processes available to

the State Licensing Authority or other government agency.

Y. "Significant Investigative Information" means information,

records, and documents received or generated by a State

Licensing Authority pursuant to an investigation for which a

determination has been made that there is probable cause to

believe that the Licensee has violated a statute or regulation

that is considered more than a minor infraction for which the

State Licensing Authority could pursue Adverse Action against

the Licensee.

Z. "State" means any state, commonwealth, district, or

territory of the United States of America that regulates the

practices of dentistry and dental hygiene.

AA. "State Licensing Authority" means an agency or other

entity of a State that is responsible for the licensing and

regulation of Dentists or Dental Hygienists.

SECTION 3. STATE PARTICIPATION IN THE COMPACT

A. In order to join the Compact and thereafter continue as a

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Participating State, a State must:

1. Enact a compact that is not materially different from the

Model Compact as determined in accordance with Commission Rules;

2. Participate fully in the Commission's Data System;

3. Have a mechanism in place for receiving and investigating

complaints about its Licensees and License applicants;

4. Notify the Commission, in compliance with the terms of the

Compact and Commission Rules, of any Adverse Action or the

availability of Significant Investigative Information regarding

a Licensee and License applicant;

5. Fully implement a Criminal Background Check requirement,

within a time frame established by Commission Rule, by receiving

the results of a qualifying Criminal Background Check;

6. Comply with the Commission Rules applicable to a

Participating State;

7. Accept the National Board Examinations of the Joint

Commission on National Dental Examinations or another

examination accepted by Commission Rule as a licensure

examination;

8. Accept for licensure that applicants for a Dentist License

graduate from a predoctoral dental education program accredited

by the Commission on Dental Accreditation, or another

accrediting agency recognized by the United States Department of

Education for the accreditation of dentistry and dental hygiene

education programs, leading to the Doctor of Dental Surgery

(D.D.S.) or Doctor of Dental Medicine (D.M.D.) degree;

9. Accept for licensure that applicants for a Dental

Hygienist License graduate from a dental hygiene education

program accredited by the Commission on Dental Accreditation or

another accrediting agency recognized by the United States

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Department of Education for the accreditation of dentistry and

dental hygiene education programs;

10. Require for licensure that applicants successfully

complete a Clinical Assessment;

11. Have Continuing Professional Development requirements as

a condition for License renewal; and

12. Pay a participation fee to the Commission as established

by Commission Rule.

B. Providing alternative pathways for an individual to obtain

an unrestricted License does not disqualify a State from

participating in the Compact.

C. When conducting a Criminal Background Check the State

Licensing Authority shall:

1. Consider that information in making a licensure decision;

2. Maintain documentation of completion of the Criminal

Background Check and background check information to the extent

allowed by State and federal law; and

3. Report to the Commission whether it has completed the

Criminal Background Check and whether the individual was granted

or denied a License.

D. A Licensee of a Participating State who has a Qualifying

License in that State and does not hold an Encumbered License in

any other Participating State, shall be issued a Compact

Privilege in a Remote State in accordance with the terms of the

Compact and Commission Rules. If a Remote State has a

Jurisprudence Requirement a Compact Privilege will not be issued

to the Licensee unless the Licensee has satisfied the

Jurisprudence Requirement.

SECTION 4. COMPACT PRIVILEGE

A. To obtain and exercise the Compact Privilege under the

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terms and provisions of the Compact, the Licensee shall:

1. Have a Qualifying License as a Dentist or Dental Hygienist

in a Participating State;

2. Be eligible for a Compact Privilege in any Remote State in

accordance with D, G and H of this section;

3. Submit to an application process whenever the Licensee is

seeking a Compact Privilege;

4. Pay any applicable Commission and Remote State fees for a

Compact Privilege in the Remote State;

5. Meet any Jurisprudence Requirement established by a Remote

State in which the Licensee is seeking a Compact Privilege;

6. Have passed a National Board Examination of the Joint

Commission on National Dental Examinations or another

examination accepted by Commission Rule;

7. For a Dentist, have graduated from a predoctoral dental

education program accredited by the Commission on Dental

Accreditation, or another accrediting agency recognized by the

United States Department of Education for the accreditation of

dentistry and dental hygiene education programs, leading to the

Doctor of Dental Surgery (D.D.S.) or Doctor of Dental Medicine

(D.M.D.) degree;

8. For a Dental Hygienist, have graduated from a dental

hygiene education program accredited by the Commission on Dental

Accreditation or another accrediting agency recognized by the

United States Department of Education for the accreditation of

dentistry and dental hygiene education programs;

9. Have successfully completed a Clinical Assessment for

licensure;

10. Report to the Commission Adverse Action taken by any non-

Participating State when applying for a Compact Privilege and,

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otherwise, within thirty (30) days from the date the Adverse

Action is taken;

11. Report to the Commission when applying for a Compact

Privilege the address of the Licensee's primary residence and

thereafter immediately report to the Commission any change in

the address of the Licensee's primary residence; and

12. Consent to accept service of process by mail at the

Licensee's primary residence on record with the Commission with

respect to any action brought against the Licensee by the

Commission or a Participating State, and consent to accept

service of a subpoena by mail at the Licensee's primary

residence on record with the Commission with respect to any

action brought or investigation conducted by the Commission or a

Participating State.

B. The Licensee must comply with the requirements of

subsection A of this section to maintain the Compact Privilege

in the Remote State. If those requirements are met, the Compact

Privilege will continue as long as the Licensee maintains a

Qualifying License in the State through which the Licensee

applied for the Compact Privilege and pays any applicable

Compact Privilege renewal fees.

C. A Licensee providing dentistry or dental hygiene in a

Remote State under the Compact Privilege shall function within

the Scope of Practice authorized by the Remote State for a

Dentist or Dental Hygienist licensed in that State.

D. A Licensee providing dentistry or dental hygiene pursuant

to a Compact Privilege in a Remote State is subject to that

State's regulatory authority. A Remote State may, in accordance

with due process and that State's laws, by Adverse Action revoke

or remove a Licensee's Compact Privilege in the Remote State for

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a specific period of time and impose fines or take any other

necessary actions to protect the health and safety of its

citizens. If a Remote State imposes an Adverse Action against a

Compact Privilege that limits the Compact Privilege, that

Adverse Action applies to all Compact Privileges in all Remote

States. A Licensee whose Compact Privilege in a Remote State is

removed for a specified period of time is not eligible for a

Compact Privilege in any other Remote State until the specific

time for removal of the Compact Privilege has passed and all

encumbrance requirements are satisfied.

E. If a License in a Participating State is an Encumbered

License, the Licensee shall lose the Compact Privilege in a

Remote State and shall not be eligible for a Compact Privilege

in any Remote State until the License is no longer encumbered.

F. Once an Encumbered License in a Participating State is

restored to good standing, the Licensee must meet the

requirements of subsection A of this section to obtain a Compact

Privilege in a Remote State.

G. If a Licensee's Compact Privilege in a Remote State is

removed by the Remote State, the individual shall lose or be

ineligible for the Compact Privilege in any Remote State until

the following occur:

1. The specific period of time for which the Compact

Privilege was removed has ended; and

2. All conditions for removal of the Compact Privilege have

been satisfied.

H. Once the requirements of subsection G of this section have

been met, the Licensee must meet the requirements in subsection

A of this section to obtain a Compact Privilege in a Remote

State.

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SECTION 5. ACTIVE MILITARY MEMBER OR THEIR SPOUSES

An Active Military Member and their spouse shall not be

required to pay to the Commission for a Compact Privilege the

fee otherwise charged by the Commission. If a Remote State

chooses to charge a fee for a Compact Privilege, it may choose

to charge a reduced fee or no fee to an Active Military Member

and their spouse for a Compact Privilege.

SECTION 6. ADVERSE ACTIONS

A. A Participating State in which a Licensee is licensed

shall have exclusive authority to impose Adverse Action against

the Qualifying License issued by that Participating State.

B. A Participating State may take Adverse Action based on the

Significant Investigative Information of a Remote State, so long

as the Participating State follows its own procedures for

imposing Adverse Action.

C. Nothing in this Compact shall override a Participating

State's decision that participation in an Alternative Program

may be used in lieu of Adverse Action and that such

participation shall remain non-public if required by the

Participating State's laws. Participating States must require

Licensees who enter any Alternative Program in lieu of

discipline to agree not to practice pursuant to a Compact

Privilege in any other Participating State during the term of

the Alternative Program without prior authorization from such

other Participating State.

D. Any Participating State in which a Licensee is applying to

practice or is practicing pursuant to a Compact Privilege may

investigate actual or alleged violations of the statutes and

regulations authorizing the practice of dentistry or dental

hygiene in any other Participating State in which the Dentist or

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Dental Hygienist holds a License or Compact Privilege.

E. A Remote State shall have the authority to:

1. Take Adverse Actions as set forth in Section 4.D against a

Licensee's Compact Privilege in the State;

2. In furtherance of its rights and responsibilities under

the Compact and the Commission's Rules issue subpoenas for both

hearings and investigations that require the attendance and

testimony of witnesses, and the production of evidence.

Subpoenas issued by a State Licensing Authority in a

Participating State for the attendance and testimony of

witnesses, or the production of evidence from another

Participating State, shall be enforced in the latter State by

any court of competent jurisdiction, according to the practice

and procedure of that court applicable to subpoenas issued in

proceedings pending before it. The issuing authority shall pay

any witness fees, travel expenses, mileage, and other fees

required by the service statutes of the State where the

witnesses or evidence are located; and

3. If otherwise permitted by State law, recover from the

Licensee the costs of investigations and disposition of cases

resulting from any Adverse Action taken against that Licensee.

F. Joint Investigations

1. In addition to the authority granted to a Participating

State by its Dentist or Dental Hygienist licensure act or other

applicable State law, a Participating State may jointly

investigate Licensees with other Participating States.

2. Participating States shall share any Significant

Investigative Information, litigation, or compliance materials

in furtherance of any joint or individual investigation

initiated under the Compact.

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G. Authority to Continue Investigation

1. After a Licensee's Compact Privilege in a Remote State is

terminated, the Remote State may continue an investigation of

the Licensee that began when the Licensee had a Compact

Privilege in that Remote State.

2. If the investigation yields what would be Significant

Investigative Information had the Licensee continued to have a

Compact Privilege in that Remote State, the Remote State shall

report the presence of such information to the Data System as

required by Section 8.B.6 as if it was Significant Investigative

Information.

SECTION 7. ESTABLISHMENT AND OPERATION OF THE COMMISSION.

A. The Compact Participating States hereby create and

establish a joint government agency whose membership consists of

all Participating States that have enacted the Compact. The

Commission is an instrumentality of the Participating States

acting jointly and not an instrumentality of any one State. The

Commission shall come into existence on or after the effective

date of the Compact as set forth in Section 11A.

B. Participation, Voting, and Meetings

1. Each Participating State shall have and be limited to one

(1) Commissioner selected by that Participating State's State

Licensing Authority or, if the State has more than one State

Licensing Authority, selected collectively by the State

Licensing Authorities.

2. The Commissioner shall be a member or designee of such

Authority or Authorities.

3. The Commission may by Rule or bylaw establish a term of

office for Commissioners and may by Rule or bylaw establish term

limits.

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4. The Commission may recommend to a State Licensing

Authority or Authorities, as applicable, removal or suspension

of an individual as the State's Commissioner.

5. A Participating State's State Licensing Authority, or

Authorities, as applicable, shall fill any vacancy of its

Commissioner on the Commission within sixty (60) days of the

vacancy.

6. Each Commissioner shall be entitled to one vote on all

matters that are voted upon by the Commission.

7. The Commission shall meet at least once during each

calendar year. Additional meetings may be held as set forth in

the bylaws. The Commission may meet by telecommunication, video

conference or other similar electronic means.

C. The Commission shall have the following powers:

1. Establish the fiscal year of the Commission;

2. Establish a code of conduct and conflict of interest

policies;

3. Adopt Rules and bylaws;

4. Maintain its financial records in accordance with the

bylaws;

5. Meet and take such actions as are consistent with the

provisions of this Compact, the Commission's Rules, and the

bylaws;

6. Initiate and conclude legal proceedings or actions in the

name of the Commission, provided that the standing of any State

Licensing Authority to sue or be sued under applicable law shall

not be affected;

7. Maintain and certify records and information provided to a

Participating State as the authenticated business records of the

Commission, and designate a person to do so on the Commission's

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behalf;

8. Purchase and maintain insurance and bonds;

9. Borrow, accept, or contract for services of personnel,

including, but not limited to, employees of a Participating

State;

10. Conduct an annual financial review;

11. Hire employees, elect or appoint officers, fix

compensation, define duties, grant such individuals appropriate

authority to carry out the purposes of the Compact, and

establish the Commission's personnel policies and programs

relating to conflicts of interest, qualifications of personnel,

and other related personnel matters;

12. As set forth in the Commission Rules, charge a fee to a

Licensee for the grant of a Compact Privilege in a Remote State

and thereafter, as may be established by Commission Rule, charge

the Licensee a Compact Privilege renewal fee for each renewal

period in which that Licensee exercises or intends to exercise

the Compact Privilege in that Remote State. Nothing herein shall

be construed to prevent a Remote State from charging a Licensee

a fee for a Compact Privilege or renewals of a Compact

Privilege, or a fee for the Jurisprudence Requirement if the

Remote State imposes such a requirement for the grant of a

Compact Privilege;

13. Accept any and all appropriate gifts, donations, grants

of money, other sources of revenue, equipment, supplies,

materials, and services, and receive, utilize, and dispose of

the same; provided that at all times the Commission shall avoid

any appearance of impropriety and/or conflict of interest;

14. Lease, purchase, retain, own, hold, improve, or use any

property, real, personal, or mixed, or any undivided interest

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therein;

15. Sell, convey, mortgage, pledge, lease, exchange, abandon,

or otherwise dispose of any property real, personal, or mixed;

16. Establish a budget and make expenditures;

17. Borrow money;

18. Appoint committees, including standing committees, which

may be composed of members, State regulators, State legislators

or their representatives, and consumer representatives, and such

other interested persons as may be designated in this Compact

and the bylaws;

19. Provide and receive information from, and cooperate with,

law enforcement agencies;

20. Elect a Chair, Vice Chair, Secretary and Treasurer and

such other officers of the Commission as provided in the

Commission's bylaws;

21. Establish and elect an Executive Board;

22. Adopt and provide to the Participating States an annual

report;

23. Determine whether a State's enacted compact is materially

different from the Model Compact language such that the State

would not qualify for participation in the Compact; and

24. Perform such other functions as may be necessary or

appropriate to achieve the purposes of this Compact.

D. Meetings of the Commission

1. All meetings of the Commission that are not closed

pursuant to this subsection shall be open to the public. Notice

of public meetings shall be posted on the Commission's website

at least thirty (30) days prior to the public meeting.

2. Notwithstanding subsection D.1 of this section, the

Commission may convene an emergency public meeting by providing

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at least twenty-four (24) hours prior notice on the Commission's

website, and any other means as provided in the Commission's

Rules, for any of the reasons it may dispense with notice of

proposed rulemaking under Section 9.L. The Commission's legal

counsel shall certify that one of the reasons justifying an

emergency public meeting has been met.

3. Notice of all Commission meetings shall provide the time,

date, and location of the meeting, and if the meeting is to be

held or accessible via telecommunication, video conference, or

other electronic means, the notice shall include the mechanism

for access to the meeting through such means.

4. The Commission may convene in a closed, non-public meeting

for the Commission to receive legal advice or to discuss:

a. Non-compliance of a Participating State with its

obligations under the Compact;

b. The employment, compensation, discipline or other matters,

practices or procedures related to specific employees or other

matters related to the Commission's internal personnel practices

and procedures;

c. Current or threatened discipline of a Licensee or Compact

Privilege holder by the Commission or by a Participating State's

Licensing Authority;

d. Current, threatened, or reasonably anticipated litigation;

e. Negotiation of contracts for the purchase, lease, or sale

of goods, services, or real estate;

f. Accusing any person of a crime or formally censuring any

person;

g. Trade secrets or commercial or financial information that

is privileged or confidential;

h. Information of a personal nature where disclosure would

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constitute a clearly unwarranted invasion of personal privacy;

i. Investigative records compiled for law enforcement

purposes;

j. Information related to any investigative reports prepared

by or on behalf of or for use of the Commission or other

committee charged with responsibility of investigation or

determination of compliance issues pursuant to the Compact;

k. Legal advice;

l. Matters specifically exempted from disclosure to the

public by federal or Participating State law; and

m. Other matters as promulgated by the Commission by Rule.

5. If a meeting, or portion of a meeting, is closed, the

presiding officer shall state that the meeting will be closed

and reference each relevant exempting provision, and such

reference shall be recorded in the minutes.

6. The Commission shall keep minutes that fully and clearly

describe all matters discussed in a meeting and shall provide a

full and accurate summary of actions taken, and the reasons

therefore, including a description of the views expressed. All

documents considered in connection with an action shall be

identified in such minutes. All minutes and documents of a

closed meeting shall remain under seal, subject to release only

by a majority vote of the Commission or order of a court of

competent jurisdiction.

E. Financing of the Commission

1. The Commission shall pay, or provide for the payment of,

the reasonable expenses of its establishment, organization, and

ongoing activities.

2. The Commission may accept any and all appropriate sources

of revenue, donations, and grants of money, equipment, supplies,

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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

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of the Compact including compliance with the provisions of the

Compact, the Commission's Rules and bylaws;

b. Recommending to the Commission changes to the Rules or

bylaws, changes to this Compact legislation, fees charged to

Compact Participating States, fees charged to Licensees, and

other fees;

c. Ensuring Compact administration services are appropriately

provided, including by contract;

d. Preparing and recommending the budget;

e. Maintaining financial records on behalf of the Commission;

f. Monitoring Compact compliance of Participating States and

providing compliance reports to the Commission;

g. Establishing additional committees as necessary;

h. Exercising the powers and duties of the Commission during

the interim between Commission meetings, except for adopting or

amending Rules, adopting or amending bylaws, and exercising any

other powers and duties expressly reserved to the Commission by

Rule or bylaw; and

i. Other duties as provided in the Rules or bylaws of the

Commission.

2. The Executive Board shall be composed of up to seven (7)

members:

a. The Chair, Vice Chair, Secretary and Treasurer of the

Commission and any other members of the Commission who serve on

the Executive Board shall be voting members of the Executive

Board; and

b. Other than the Chair, Vice Chair, Secretary, and

Treasurer, the Commission may elect up to three (3) voting

members from the current membership of the Commission.

3. The Commission may remove any member of the Executive

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Board as provided in the Commission's bylaws.

4. The Executive Board shall meet at least annually.

a. An Executive Board meeting at which it takes or intends to

take formal action on a matter shall be open to the public,

except that the Executive Board may meet in a closed, non-public

session of a public meeting when dealing with any of the matters

covered under subsection D.4.

b. The Executive Board shall give five (5) business days'

notice of its public meetings, posted on its website and as it

may otherwise determine to provide notice to persons with an

interest in the public matters the Executive Board intends to

address at those meetings.

5. The Executive Board may hold an emergency meeting when

acting for the Commission to:

a. Meet an imminent threat to public health, safety, or

welfare;

b. Prevent a loss of Commission or Participating State funds;

c. Protect public health and safety.

G. Qualified Immunity, Defense, and Indemnification

1. The members, officers, executive director, employees and

representatives of the Commission shall be immune from suit and

liability, both personally and in their official capacity, for

any claim for damage to or loss of property or personal injury

or other civil liability caused by or arising out of any actual

or alleged act, error, or omission that occurred, or that the

person against whom the claim is made had a reasonable basis for

believing occurred within the scope of Commission employment,

duties or responsibilities; provided that nothing in this

paragraph shall be construed to protect any such person from

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suit or liability for any damage, loss, injury, or liability

caused by the intentional or willful or wanton misconduct of

that person. The procurement of insurance of any type by the

Commission shall not in any way compromise or limit the immunity

granted hereunder.

2. The Commission shall defend any member, officer, executive

director, employee, and representative of the Commission in any

civil action seeking to impose liability arising out of any

actual or alleged act, error, or omission that occurred within

the scope of Commission employment, duties, or responsibilities,

or as determined by the Commission that the person against whom

the claim is made had a reasonable basis for believing occurred

within the scope of Commission employment, duties, or

responsibilities; provided that nothing herein shall be

construed to prohibit that person from retaining their own

counsel at their own expense; and provided further, that the

actual or alleged act, error, or omission did not result from

that person's intentional or willful or wanton misconduct.

3. Notwithstanding subsection G.1 of this section, should any

member, officer, executive director, employee, or representative

of the Commission be held liable for the amount of any

settlement or judgment arising out of any actual or alleged act,

error, or omission that occurred within the scope of that

individual's employment, duties, or responsibilities for the

Commission, or that the person to whom that individual is liable

had a reasonable basis for believing occurred within the scope

of the individual's employment, duties, or responsibilities for

the Commission, the Commission shall indemnify and hold harmless

such individual, provided that the actual or alleged act, error,

or omission did not result from the intentional or willful or

20230SB0895PN1051 - 23 -

wanton misconduct of the individual.

4. Nothing herein shall be construed as a limitation on the

liability of any Licensee for professional malpractice or

misconduct, which shall be governed solely by any other

applicable State laws.

5. Nothing in this Compact shall be interpreted to waive or

otherwise abrogate a Participating State's state action immunity

or state action affirmative defense with respect to antitrust

claims under the Sherman Act, Clayton Act, or any other State or

federal antitrust or anticompetitive law or regulation.

6. Nothing in this Compact shall be construed to be a waiver

of sovereign immunity by the Participating States or by the

Commission.

SECTION 8. DATA SYSTEM

A. The Commission shall provide for the development,

maintenance, operation, and utilization of a coordinated

database and reporting system containing licensure, Adverse

Action, and the presence of Significant Investigative

Information on all Licensees and applicants for a License in

Participating States.

B. Notwithstanding any other provision of State law to the

contrary, a Participating State shall submit a uniform data set

to the Data System on all individuals to whom this Compact is

applicable as required by the Rules of the Commission,

including:

1. Identifying information;

2. Licensure data;

3. Adverse Actions against a Licensee, License applicant or

Compact Privilege and information related thereto;

4. Non-confidential information related to Alternative

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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

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subsequently expunged pursuant to federal law or the laws of the

Participating State contributing the information shall be

removed from the Data System.

SECTION 9. RULEMAKING

A. The Commission shall promulgate reasonable Rules in order

to effectively and efficiently implement and administer the

purposes and provisions of the Compact. A Commission Rule shall

be invalid and have no force or effect only if a court of

competent jurisdiction holds that the Rule is invalid because

the Commission exercised its rulemaking authority in a manner

that is beyond the scope and purposes of the Compact, or the

powers granted hereunder, or based upon another applicable

standard of review.

B. The Rules of the Commission shall have the force of law in

each Participating State, provided however that where the Rules

of the Commission conflict with the laws of the Participating

State that establish the Participating State's Scope of Practice

as held by a court of competent jurisdiction, the Rules of the

Commission shall be ineffective in that State to the extent of

the conflict.

C. The Commission shall exercise its Rulemaking powers

pursuant to the criteria set forth in this section and the Rules

adopted thereunder. Rules shall become binding as of the date

specified by the Commission for each Rule.

D. If a majority of the legislatures of the Participating

States rejects a Commission Rule or portion of a Commission

Rule, by enactment of a statute or resolution in the same manner

used to adopt the Compact, within four (4) years of the date of

adoption of the Rule, then such Rule shall have no further force

and effect in any Participating State or to any State applying

20230SB0895PN1051 - 26 -

to participate in the Compact.

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

the Commission.

F. Prior to adoption of a proposed Rule, the Commission shall

hold a public hearing and allow persons to provide oral and

written comments, data, facts, opinions, and arguments.

G. Prior to adoption of a proposed Rule by the Commission,

and at least thirty (30) days in advance of the meeting at which

the Commission will hold a public hearing on the proposed Rule,

the Commission shall provide a Notice of Proposed Rulemaking:

1. On the website of the Commission or other publicly

accessible platform;

2. To persons who have requested notice of the Commission's

notices of proposed rulemaking, and

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

specify.

H. The Notice of Proposed Rulemaking shall include:

1. The time, date, and location of the public hearing at

which the Commission will hear public comments on the proposed

Rule and, if different, the time, date, and location of the

meeting where the Commission will consider and vote on the

proposed Rule;

2. If the hearing is held via telecommunication, video

conference, or other electronic means, the Commission shall

include the mechanism for access to the hearing in the Notice of

Proposed Rulemaking;

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

4. A request for comments on the proposed Rule from any

interested person; and

5. The manner in which interested persons may submit written

20230SB0895PN1051 - 27 -

comments.

I. All hearings will be recorded. A copy of the recording and

all written comments and documents received by the Commission in

response to the proposed Rule shall be available to the public.

J. Nothing in this section shall be construed as requiring a

separate hearing on each Commission Rule. Rules may be grouped

for the convenience of the Commission at hearings required by

this section.

K. The Commission shall, by majority vote of all

Commissioners, take final action on the proposed Rule based on

the rulemaking record.

1. The Commission may adopt changes to the proposed Rule

provided the changes do not enlarge the original purpose of the

proposed Rule.

2. The Commission shall provide an explanation of the reasons

for substantive changes made to the proposed Rule as well as

reasons for substantive changes not made that were recommended

by commenters.

3. The Commission shall determine a reasonable effective date

for the Rule. Except for an emergency as provided in subsection

L, the effective date of the Rule shall be no sooner than thirty

(30) days after the Commission issuing the notice that it

adopted or amended the Rule.

L. Upon determination that an emergency exists, the

Commission may consider and adopt an emergency Rule with 24

hours' notice, with opportunity to comment, provided that the

usual rulemaking procedures provided in the Compact and in this

section shall be retroactively applied to the Rule as soon as

reasonably possible, in no event later than ninety (90) days

after the effective date of the Rule. For the purposes of this

20230SB0895PN1051 - 28 -

provision, an emergency Rule is one that must be adopted

immediately in order to:

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

welfare;

2. Prevent a loss of Commission or Participating State funds;

3. Meet a deadline for the promulgation of a Rule that is

established by federal law or rule; or

4. Protect public health and safety.

M. The Commission or an authorized committee of the

Commission may direct revisions to a previously adopted Rule for

purposes of correcting typographical errors, errors in format,

errors in consistency, or grammatical errors. Public notice of

any revisions shall be posted on the website of the Commission.

The revision shall be subject to challenge by any person for a

period of thirty (30) days after posting. The revision may be

challenged only on grounds that the revision results in a

material change to a Rule. A challenge shall be made in writing

and delivered to the Commission prior to the end of the notice

period. If no challenge is made, the revision will take effect

without further action. If the revision is challenged, the

revision may not take effect without the approval of the

Commission.

N. No Participating State's rulemaking requirements shall

apply under this Compact.

SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT

A. Oversight

1. The executive and judicial branches of State government in

each Participating State shall enforce this Compact and take all

actions necessary and appropriate to implement the Compact.

2. Venue is proper and judicial proceedings by or against the

20230SB0895PN1051 - 29 -

Commission shall be brought solely and exclusively in a court of

competent jurisdiction where the principal office of the

Commission is located. The Commission may waive venue and

jurisdictional defenses to the extent it adopts or consents to

participate in alternative dispute resolution proceedings.

Nothing herein shall affect or limit the selection or propriety

of venue in any action against a Licensee for professional

malpractice, misconduct or any such similar matter.

3. The Commission shall be entitled to receive service of

process in any proceeding regarding the enforcement or

interpretation of the Compact or Commission Rule and shall have

standing to intervene in such a proceeding for all purposes.

Failure to provide the Commission service of process shall

render a judgment or order void as to the Commission, this

Compact, or promulgated Rules.

B. Default, Technical Assistance, and Termination

1. If the Commission determines that a Participating State

has defaulted in the performance of its obligations or

responsibilities under this Compact or the promulgated Rules,

the Commission shall provide written notice to the defaulting

State. The notice of default shall describe the default, the

proposed means of curing the default, and any other action that

the Commission may take, and shall offer training and specific

technical assistance regarding the default.

2. The Commission shall provide a copy of the notice of

default to the other Participating States.

C. If a State in default fails to cure the default, the

defaulting State may be terminated from the Compact upon an

affirmative vote of a majority of the Commissioners, and all

rights, privileges and benefits conferred on that State by this

20230SB0895PN1051 - 30 -

Compact may be terminated on the effective date of termination.

A cure of the default does not relieve the offending State of

obligations or liabilities incurred during the period of

default.

D. Termination of participation in the Compact shall be

imposed only after all other means of securing compliance have

been exhausted. Notice of intent to suspend or terminate shall

be given by the Commission to the governor, the majority and

minority leaders of the defaulting State's legislature, the

defaulting State's State Licensing Authority or Authorities, as

applicable, and each of the Participating States' State

Licensing Authority or Authorities, as applicable.

E. A State that has been terminated is responsible for all

assessments, obligations, and liabilities incurred through the

effective date of termination, including obligations that extend

beyond the effective date of termination.

F. Upon the termination of a State's participation in this

Compact, that State shall immediately provide notice to all

Licensees of the State, including Licensees of other

Participating States issued a Compact Privilege to practice

within that State, of such termination. The terminated State

shall continue to recognize all Compact Privileges then in

effect in that State for a minimum of one hundred eighty (180)

days after the date of said notice of termination.

G. The Commission shall not bear any costs related to a State

that is found to be in default or that has been terminated from

the Compact, unless agreed upon in writing between the

Commission and the defaulting State.

H. The defaulting State may appeal the action of the

Commission by petitioning the U.S. District Court for the

20230SB0895PN1051 - 31 -

District of Columbia or the federal district where the

Commission has its principal offices. The prevailing party shall

be awarded all costs of such litigation, including reasonable

attorney's fees.

I. Dispute Resolution

1. Upon request by a Participating State, the Commission

shall attempt to resolve disputes related to the Compact that

arise among Participating States and between Participating

States and non-Participating States.

2. The Commission shall promulgate a Rule providing for both

mediation and binding dispute resolution for disputes as

appropriate.

J. Enforcement

1. The Commission, in the reasonable exercise of its

discretion, shall enforce the provisions of this Compact and the

Commission's Rules.

2. By majority vote, the Commission may initiate legal action

against a Participating State in default in the United States

District Court for the District of Columbia or the federal

district where the Commission has its principal offices to

enforce compliance with the provisions of the Compact and its

promulgated Rules. The relief sought may include both injunctive

relief and damages. In the event judicial enforcement is

necessary, the prevailing party shall be awarded all costs of

such litigation, including reasonable attorney's fees. The

remedies herein shall not be the exclusive remedies of the

Commission. The Commission may pursue any other remedies

available under federal or the defaulting Participating State's

law.

3. A Participating State may initiate legal action against

20230SB0895PN1051 - 32 -

the Commission in the U.S. District Court for the District of

Columbia or the federal district where the Commission has its

principal offices to enforce compliance with the provisions of

the Compact and its promulgated Rules. The relief sought may

include both injunctive relief and damages. In the event

judicial enforcement is necessary, the prevailing party shall be

awarded all costs of such litigation, including reasonable

attorney's fees.

4. No individual or entity other than a Participating State

may enforce this Compact against the Commission.

SECTION 11. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT

A. The Compact shall come into effect on the date on which

the Compact statute is enacted into law in the seventh

Participating State.

1. On or after the effective date of the Compact, the

Commission shall convene and review the enactment of each of the

States that enacted the Compact prior to the Commission

convening ("Charter Participating States") to determine if the

statute enacted by each such Charter Participating State is

materially different than the Model Compact.

a. A Charter Participating State whose enactment is found to

be materially different from the Model Compact shall be entitled

to the default process set forth in Section 10.

b. If any Participating State is later found to be in

default, or is terminated or withdraws from the Compact, the

Commission shall remain in existence and the Compact shall

remain in effect even if the number of Participating States

should be less than seven (7).

2. Participating States enacting the Compact subsequent to

the Charter Participating States shall be subject to the process

20230SB0895PN1051 - 33 -

set forth in Section 7.C.23 to determine if their enactments are

materially different from the Model Compact and whether they

qualify for participation in the Compact.

3. All actions taken for the benefit of the Commission or in

furtherance of the purposes of the administration of the Compact

prior to the effective date of the Compact or the Commission

coming into existence shall be considered to be actions of the

Commission unless specifically repudiated by the Commission.

4. Any State that joins the Compact subsequent to the

Commission's initial adoption of the Rules and bylaws shall be

subject to the Commission's Rules and bylaws as they exist on

the date on which the Compact becomes law in that State. Any

Rule that has been previously adopted by the Commission shall

have the full force and effect of law on the day the Compact

becomes law in that State.

B. Any Participating State may withdraw from this Compact by

enacting a statute repealing that State's enactment of the

Compact.

1. A Participating State's withdrawal shall not take effect

until one hundred eighty (180) days after enactment of the

repealing statute.

2. Withdrawal shall not affect the continuing requirement of

the withdrawing State's Licensing Authority or Authorities to

comply with the investigative and Adverse Action reporting

requirements of this Compact prior to the effective date of

withdrawal.

3. Upon the enactment of a statute withdrawing from this

Compact, the State shall immediately provide notice of such

withdrawal to all Licensees within that State. Notwithstanding

any subsequent statutory enactment to the contrary, such

20230SB0895PN1051 - 34 -

withdrawing State shall continue to recognize all Compact

Privileges to practice within that State granted pursuant to

this Compact for a minimum of one hundred eighty (180) days

after the date of such notice of withdrawal.

C. Nothing contained in this Compact shall be construed to

invalidate or prevent any licensure agreement or other

cooperative arrangement between a Participating State and a non-

Participating State that does not conflict with the provisions

of this Compact.

D. This Compact may be amended by the Participating States.

No amendment to this Compact shall become effective and binding

upon any Participating State until it is enacted into the laws

of all Participating States.

SECTION 12. CONSTRUCTION AND SEVERABILITY

A. This Compact and the Commission's rulemaking authority

shall be liberally construed so as to effectuate the purposes,

and the implementation and administration of the Compact.

Provisions of the Compact expressly authorizing or requiring the

promulgation of Rules shall not be construed to limit the

Commission's rulemaking authority solely for those purposes.

B. The provisions of this Compact shall be severable and if

any phrase, clause, sentence or provision of this Compact is

held by a court of competent jurisdiction to be contrary to the

constitution of any Participating State, a State seeking

participation in the Compact, or of the United States, or the

applicability thereof to any government, agency, person or

circumstance is held to be unconstitutional by a court of

competent jurisdiction, the validity of the remainder of this

Compact and the applicability thereof to any other government,

agency, person or circumstance shall not be affected thereby.

20230SB0895PN1051 - 35 -

C. Notwithstanding subsection B of this section, the

Commission may deny a State's participation in the Compact or,

in accordance with the requirements of Section 10.B, terminate a

Participating State's participation in the Compact, if it

determines that a constitutional requirement of a Participating

State is a material departure from the Compact. Otherwise, if

this Compact shall be held to be contrary to the constitution of

any Participating State, the Compact shall remain in full force

and effect as to the remaining Participating States and in full

force and effect as to the Participating State affected as to

all severable matters.

SECTION 13. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS

A. Nothing herein shall prevent or inhibit the enforcement of

any other law of a Participating State that is not inconsistent

with the Compact.

B. Any laws, statutes, regulations, or other legal

requirements in a Participating State in conflict with the

Compact are superseded to the extent of the conflict.

C. All permissible agreements between the Commission and the

Participating States are binding in accordance with their terms.

Section 3. When and how compact becomes operative.

(a) General rule.--When the Governor executes the Dentist

and Dental Hygienist Compact on behalf of this State and files a

verified copy thereof with the Secretary of the Commonwealth and

when the compact is ratified by six or more other states, then

the compact shall become operative and effective between this

State 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 this

State and any other state ratifying the compact.

20230SB0895PN1051 - 36 -

(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 set forth in

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

date on which the compact became effective and operative between

this State and any other state or states in accordance with this

act.

Section 4. Compensation and expenses of commissioner.

The commissioner who represents this State, as provided for

in section 7B of the Compact, shall not be entitled to any

additional compensation for his duties and responsibilities as

commissioner but shall be entitled to reimbursement for

reasonable expenses actually incurred in connection with his

duties and responsibilities as commissioner in the same manner

as for expenses incurred in connection with other duties and

responsibilities of his office or employment.

Section 5. Effective date.

This act shall take effect in 60 days.

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