§ 147G.1 — Dentist and dental hygienist compact

Iowa § 147G.1

• Jurisdiction: Iowa
• Title IV: PUBLIC HEALTH
• Ch. 147G: DENTIST AND DENTAL HYGIENIST COMPACT

Text

1. Title and purpose. This chapter 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.
2. Definitions. As used in this compact, unless the context requires otherwise, the
following definitions shall apply:
a. “Active military member” means an individual in full-time duty status in the armed
forces of the United States, including members of the national guard and reserve.
b. “Adverse action” means any disciplinary action or encumbrance imposed on a licensee
or compact privilege by a state licensing authority.
c. “Alternative program” means a nondisciplinary monitoring or practice remediation
process applicable to a dentist or dental hygienist approved by a state licensing authority
of a participating state in which the dentist or dental hygienist is licensed. “Alternative
program” 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.
§147G.1, DENTIST AND DENTAL HYGIENIST COMPACT 2
g. “Compact privilege” means the authorization granted by a remote state to allow a
licenseefromaparticipatingstatetopracticeasadentistordentalhygienistinaremotestate.
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 the
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 examinations, licensure, investigative information, compact
privileges, adverse actions, and alternative programs.
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. “Encumberedlicense” 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 of the compact 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
established through means, including but not limited to statutes, 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 an adverse action against the licensee.
z. “State” means a state, commonwealth, district, or territory of the United States that
regulates the practices of dentistry and dental hygiene.
aa. “Statelicensingauthority”meansanagencyorotherentityofastatethatisresponsible
for the licensing and regulation of dentists or dental hygienists.
3 DENTIST AND DENTAL HYGIENIST COMPACT, §147G.1
3. State participation in the compact.
a. In order to join the compact and thereafter continue as a participating state, a state
must do all of the following:
(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 or 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 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 or doctor of dental medicine degree.
(9) Accept for licensure that applicants for a dental hygienist license graduate from a
dental hygiene 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.
(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 do all
of the following:
(1) Consider that information in making a licensure decision.
(2) Maintain documentation of the criminal background check and background check
information to the extent allowed by state and federal law.
(3) Report to the commission whether a state 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
privilegeinaremotestateinaccordancewiththetermsofthecompactandcommissionrules.
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.
4. Compact privilege.
a. To obtain and exercise the compact privilege under the terms and provisions of the
compact, a licensee shall do all of the following:
(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 paragraphs
“d”, “g”, and “h”.
(3) Submittoanapplicationprocesswheneverthelicenseeisseekingacompactprivilege.
(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.
§147G.1, DENTIST AND DENTAL HYGIENIST COMPACT 4
(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 or doctor of dental medicine
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 any adverse action taken by any nonparticipating state
when applying for a compact privilege and otherwise within thirty 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’sprimaryresidenceandthereafterimmediatelyreporttothecommissionanychange
in the address of the licensee’s primary residence.
(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 in paragraph “a” 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, 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 paragraph “a” 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 both
of the following occur:
(1) The specified period of time for which the compact privilege was removed has ended.
(2) All conditions for removal of the compact privilege have been satisfied.
h. Once the requirements of paragraph “g” have been met, the licensee must meet the
requirements of paragraph “a” to obtain a compact privilege in a remote state.
5. Active military member or spouses. An active military member and the spouse of an
active military member shall not be required to pay to the commission for a compact privilege
5 DENTIST AND DENTAL HYGIENIST COMPACT, §147G.1
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 the spouse of an active military member for a compact privilege.
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 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 nonpublic if required by the participating state’s laws. Participating states must
require licensees who enter any alternative program in lieu of discipline to agree not to
practice pursuant to a compact privilege in any other participating state during the term of
the alternative program without prior authorization from such other participating state.
d. Any participating state in which a licensee is applying to practice or is practicing
pursuanttoacompactprivilegemayinvestigateactualorallegedviolationsofthestatutesand
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 do all of the following:
(1) Take adverse actions as set forth in subsection 4, paragraph “d”, against a licensee’s
compact privilege in the state.
(2) In furtherance of its rights and responsibilities under the compact and 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.
(3) If otherwise permitted by state law, recover from the licensee the costs of investigation
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 subsection 8,
paragraph “b”, subparagraph (6), as if it was significant investigative information.
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 subsection 11, paragraph “a”.
b. Participation, voting, and meetings.
(1) Each participating state shall have and be limited to one commissioner selected by the
§147G.1, DENTIST AND DENTAL HYGIENIST COMPACT 6
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 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 a 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
or conflict of interest.
(14) Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or
mixed, or any undivided interest therein.
(15) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of
any property, real, personal, or mixed.
(16) Establish a budget or 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
7 DENTIST AND DENTAL HYGIENIST COMPACT, §147G.1
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.
(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 paragraph shall
be open to the public. Notice of public meetings shall be posted on the commission’s internet
site at least thirty days prior to the public meeting.
(2) Notwithstanding subparagraph (1), the commission may convene an emergency
public meeting by providing at least twenty-four hours prior notice on the commission’s
internet site, and any other means as provided in the commission’s rules, for any of the
reasons it may dispense with notice of proposed rulemaking under subsection 9, paragraph
“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, nonpublic meeting for the commission to
receive legal advice or to discuss any of the following:
(a) Noncompliance 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.
(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
§147G.1, DENTIST AND DENTAL HYGIENIST COMPACT 8
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) Thecommissionmaylevyonandcollectanannualassessmentfromeachparticipating
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) Theexecutiveboardshallhavethepowertoactonbehalfofthecommissionaccording
to the terms of this compact. The powers, duties, and responsibilities of the executive board
shall include all of the following:
(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 the 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.
(i) Other duties as provided in the rules or bylaws of the commission.
(2) The executive board shall be composed of up to seven members:
(a) The chair, vice chair, secretary, and treasurer of the commission, and any other
members of the commission who serve on the executive board shall be voting members of
the executive board.
(b) Other than the chair, vice chair, secretary, and treasurer of the commission, the
commission may elect up to three voting members from the current membership of the
commission.
(3) The commission may remove any member of the executive board as provided in the
commission’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,
9 DENTIST AND DENTAL HYGIENIST COMPACT, §147G.1
nonpublic session of a public meeting when dealing with any of the matters covered under
paragraph “d”, subparagraph (4).
(b) The executive board shall give five business days’ notice of its public meetings, posted
on its internet site 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 do any of the following:
(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 suit or
liability for any damage, loss, injury, or liability caused by the intentional, 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 in this
paragraph shall be construed to prohibit that person from retaining counsel at that person’s
own expense; and provided further that the actual or alleged act, error, or omission did not
result from that person’s intentional, willful, or wanton misconduct.
(3) Notwithstanding subparagraph (1), should any member, officer, executive director,
employee, orrepresentativeofthecommissionbeheldliablefortheamountofanysettlement
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 the 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, willful,
or wanton misconduct of the individual.
(4) Nothing in this compact 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.
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 all of the following:
§147G.1, DENTIST AND DENTAL HYGIENIST COMPACT 10
(1) Identifying information.
(2) Licensure data.
(3) Adverse actions against a licensee, license applicant, or compact privilege, and
information related thereto.
(4) Nonconfidential information related to alternative program participation, the
beginning and ending dates of such participation, and other information related to such
participation.
(5) Any denial of an application for licensure and the reason for such denial, excluding
the reporting of any criminal history record information where prohibited by law.
(6) The presence of significant investigative information.
(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
whetheradverseactionhasbeentakenagainstalicenseeorlicenseapplicant. Adverseaction
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.
9. Rulemaking.
a. Thecommissionshallpromulgatereasonablerulesinordertoeffectivelyandefficiently
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 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 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 as follows:
(1) On the internet site of the commission or other publicly accessible platform.
11 DENTIST AND DENTAL HYGIENIST COMPACT, §147G.1
(2) To persons who have requested notice of the commission’s notices of proposed
rulemaking.
(3) In such other ways as the commission may by rule specify.
h. The notice of proposed rulemaking shall include all of the following:
(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 for the proposed rule.
(4) A request for comments on the proposed rule from any interested person.
(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 subsection shall be construed as requiring a separate hearing on each
commission rule. Rules may be grouped for convenience of the commission at hearings
required by this section.
k. The commission shall, by a 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 purposes 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 paragraph “l”, the effective date of the rule shall be no sooner
than thirty 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 twenty-four hours’ notice, with opportunity to comment, provided
that the usual rulemaking procedures provided in the compact and in this subsection shall
be retroactively applied to the rule as soon as reasonably possible, but in no event later
than ninety 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 do any of the following:
(1) Meet an imminent threat to public health, safety, or welfare.
(2) Prevent a loss of commission or participating state funds.
(3) Meetadeadlineforthepromulgationofarulethatisestablishedbyfederallaworrule.
(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 internet site of the commission. The revision shall be subject to challenge by any person
for a period of thirty 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.
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
§147G.1, DENTIST AND DENTAL HYGIENIST COMPACT 12
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
ofsecuringcompliancehavebeenexhausted. Noticeofintenttosuspendorterminateshallbe
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
liabilitiesincurredthroughtheeffectivedateoftermination, includingobligationsthatextend
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 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 United
States district court for the District of Columbia or the federal district where the commission
has its principal offices. The prevailing party shall be awarded all costs of such litigation,
including reasonable attorney fees.
i. Dispute resolution.
(1) Uponrequestbyaparticipatingstate, thecommissionshallattempttoresolvedisputes
related to the compact that arise among participating states and between participating states
and nonparticipating states.
(2) The commission shall promulgate a rule providing for both mediation and binding
dispute resolution for disputes as appropriate.
j. Enforcement.
(1) The commission, in the reasonable exercise of its discretion, shall enforce the
provisions of this compact and the commission’s rules.
(2) By a 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
13 DENTIST AND DENTAL HYGIENIST COMPACT, §147G.1
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 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 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
eventjudicialenforcementisnecessary, theprevailingpartyshallbeawardedallcostsofsuch
litigation, including reasonable attorney fees.
(4) No individual or entity other than a participating state may enforce this compact
against the commission.
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, who shall be known as charter participating states, to determine if the statute
enacted by each such charter participating state is materially different from 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 subsection 10.
(b) If any participating state is later found to be in default, or is terminated or withdraws
from the compact, the commission shall remain in existence and the compact shall remain in
effect even if the number of participating states should be less than seven.
(2) Participating states enacting the compact subsequent to the charter participating
states shall be subject to the process set forth in subsection 7, paragraph “c”, subparagraph
(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
theadministrationofthecompactpriortotheeffectivedateofthecompactorthecommission
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. Anyparticipatingstatemaywithdrawfromthiscompactbyenactingastatuterepealing
the state’s enactment of the compact.
(1) A participating state’s withdrawal shall not take effect until one hundred eighty 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 days after the date of such
notice of withdrawal.
c. Nothing contained in this compact shall be construed to invalidate or prevent any
licensure agreement or other cooperative arrangement between a participating state and a
nonparticipating state that does not conflict with the provisions of this compact.
d. This compact may be amended by the participating states. No amendment to this
§147G.1, DENTIST AND DENTAL HYGIENIST COMPACT 14
compact shall become effective and binding upon any participating state until it is enacted
into the laws of all participating states.
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 paragraph “b”, the commission may deny a state’s participation in the
compact or, in accordance with the requirements of subsection 10, paragraph “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.
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.