§ 24-60-4801 — Compact approved and ratified

The general assembly
approves and ratifies, and the governor shall enter into, a compact on behalf of the
state of Colorado and any of the United States or other jurisdictions legally joining
in the compact in the form substantially as follows:

SECTION 1.

TITLE AND PURPOSE

This compact shall be known and cited as the Dentist and Dental Hygienist
Compact. The purposes of this Compact are to facilitate the interstate practice of
dentistry and dental hygiene and improve public access to dentistry and dental
hygiene services by providing Dentists and Dental Hygienists licensed in a
Participating State the ability to practice in Participating States in which they are
not licensed. The Compact does this by establishing a pathway for Dentists and
Dental Hygienists licensed in a Participating State to obtain a Compact Privilege
that authorizes them to practice in another Participating State in which they are not
licensed. The Compact enables Participating States to protect the public health and
safety with respect to the practice of such Dentists and Dental Hygienists, through
the State's authority to regulate the practice of dentistry and dental hygiene in the
State. The Compact:

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;

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 States 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 an examination or process, required for
licensure as a Dentist or Dental Hygienist, as applicable, that provides evidence of
clinical competence in dentistry or dental hygiene.

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 CFR
20.3 (d) from the Federal Bureau of Investigation and the State's criminal history
record repository as defined in 28 CFR 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 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 means the model for the Dentist and Dental Hygienist
Compact on file with the Council of State Governments or other entity as
designated by the Commission.

T. 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.

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 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 applicants for a Dentist License who graduate from a
predoctoral dental education program accredited by the Commission on Dental
Accreditation, or another accrediting agency recognized by the 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 applicants for a Dental Hygienist License who
graduate from a dental hygiene education program accredited by the Commission
on Dental Accreditation or another accrediting agency recognized by the United
States 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 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 subsection 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, 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 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.

SECTION 5

ACTIVE MILITARY MEMBERS 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 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 is 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.

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 11.A.

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.

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 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, conflict of interest, or both;

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

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

16. Establish a budget and make expenditures;

17. Borrow money;

18. Appoint committees, including standing committees, which may be
composed of members, State regulators, State legislators or their representatives,
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, 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 D 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 at least twenty-four (24) hours'
prior notice on the Commission's website and by 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 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, materials, and services.

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

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

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

F. The Executive Board

1. The Executive Board shall have the power to act on behalf of the
Commission according to the terms of this Compact. The powers, duties, and
responsibilities of the Executive Board shall include:

a. Overseeing the day-to-day activities of the administration of 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, Treasurer, 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 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 of this section.

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; or

c. Protect public health and safety.

G. Qualified Immunity, Defense, and Indemnification

1. The members, officers, executive director, employees, and representatives
of the Commission shall be immune from suit and liability, both personally and in
their official capacity, for any claim for damage to or loss of property or personal
injury or other civil liability caused by or arising out of any actual or alleged act,
error, or omission that occurred, or that the person against whom the claim is made
had a reasonable basis for believing occurred, within the scope of Commission
employment, duties, or responsibilities; provided that nothing in this subsection G.1
shall be construed to protect any such person from suit or liability for any damage,
loss, injury, or liability caused by the intentional or willful or wanton misconduct of
that person. The procurement of insurance of any type by the Commission shall not
in any way compromise or limit the immunity granted hereunder.

2. The Commission shall defend any member, officer, executive director,
employee, and representative of the Commission in any civil action seeking to
impose liability arising out of any actual or alleged act, error, or omission that
occurred within the scope of Commission employment, duties, or responsibilities, or
as determined by the Commission that the person against whom the claim is made
had a reasonable basis for believing occurred within the scope of Commission
employment, duties, or responsibilities; provided that nothing herein shall be
construed to prohibit that person from retaining 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 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 Program participation,
the beginning and ending dates of such participation, and other information related
to such participation;

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

6. The presence of Significant Investigative Information; and

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

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

D. Significant Investigative Information pertaining to a Licensee in any
Participating State will only be available to other Participating States.

E. It is the responsibility of the Participating States to monitor the database
to determine whether Adverse Action has been taken against a Licensee or License
applicant. Adverse Action information pertaining to a Licensee or License applicant
in any Participating State will be available to any other Participating State.

F. Participating States contributing information to the Data System may
designate information that may not be shared with the public without the express
permission of the contributing State.

G. Any information submitted to the Data System that is subsequently
expunged pursuant to federal law or the laws of the Participating State
contributing the information shall be removed from the Data System.

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 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 comments.

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

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

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

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

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

3. The Commission shall determine a reasonable effective date for the Rule.
Except for an emergency as provided in subsection L of this section, the effective
date of the Rule shall be no sooner than thirty (30) days after the Commission
issues 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 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 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 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 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 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 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 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.

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.

Legislative History

Source: L. 2024: Entire part added, (SB 24-010), ch. 193, p. 1132, � 1, effective August 7.