§ 37:799 — Interstate Dental and Dental Hygiene Licensure Compact; adoption

Louisiana § 37:799

• Jurisdiction: Louisiana
• Title 37: Professions and Occupations

Text

§799. Interstate Dental and Dental Hygiene Licensure Compact; adoption
The Interstate Dental and Dental Hygiene Licensure Compact is hereby enacted into
law and the governor shall enter into a compact on behalf of the state with any jurisdiction
legally joined therein, in the form substantially as follows:
This compact shall be known as the Interstate Dental and Dental Hygiene Licensure
Compact and the purpose of the compact is to expedite licensure and increase access to
dental healthcare through licensure boards acting in cooperation. The compact adopts the
existing structures most utilized by dental boards across the United States, while ensuring
the safety of the public through the sharing of documents and information. This compact
ensures that each state retains the right to impose an adverse action on a licensee as a home
state or as a practicing state. Each state has an opportunity to share investigations and
information with the home state of licensure. The compact is operated by state dental board
members, administrators, and other staff, thus allowing for each state to maintain its
sovereignty.
The compact does all of the following:
(1) Allows for expedited licensure portability and ease of movement of licensees
between states.
(2) Allows each state to continue to regulate the practice of dentistry and dental
hygiene within its borders.
(3) Creates a common goal of protecting the public by ensuring a uniform licensure
standard and sharing of information in the compact.
(4) Allows for licensure in every participating state by requiring passage of the
uniform licensure examination that assesses psychomotor and cognitive dental skills and is
currently accepted in fifty state licensing jurisdictions and United States territories.
(5) Gives licensees one location to maintain professional documentation to expedite
license transfers in states, hospitals, or institutional credentialing.
(6) Facilitates a faster licensure process for relocation or separation of military
members and their dependent spouses; there are no compact fees for military members or
their spouses.
(7) Alleviates a duplicative process for licensure among multiple states.
(8) Saves applicants money by not having to obtain duplicate documents from a
source that charges for the documents.
(1) "AADB" means the American Association of Dental Boards or its named
successor, formerly known as the American Association of Dental Examiners, originally
chartered on September 10th, 1896, and renewed in 1944, comprised of state dental boards
in the United States and its territories.
(2) "Attorneys' Committee" means the committee of attorneys who currently
represent a member state dental board. The Attorneys' Committee shall designate one of its
members to participate in the commission as a non-voting member. An attorney who has
previously served as an attorney for a member state dental board may be invited on a
year-to-year basis to serve on the Attorneys' Committee if he has not engaged in an official
case against a state dental board or has any other conflict of interest. The Attorneys'
Committee may assist the investigators in working through joint investigation issues between
states.
(3) "Active-duty military person or spouse" means a licensee in full-time active-duty
status in the active uniformed services of the United States, including members of the
National Guard and Reserves. The legal spouse of the military member shall be recognized
by the military unit as a dependent while the service member is on active duty. Spouses shall
receive the same privileges as military members for the purpose of this compact.
(4) "Active investigation" means an active investigation potentially resulting in
formal allegations or charges precipitating a judicial process by a state dental board,
oversight agency, or other law enforcement entity.
(5) "Adverse action" means an order issued by a state dental board or reported to the
clearinghouse pursuant to the commission's bylaws and rules that disciplines a licensee.
Adverse action includes and is not limited to the suspension, limiting, or revocation of a
license or compact license privilege; the imposition of fees and sanctions; and any temporary
emergency order that may be later withdrawn by a board.
(6) "ADEX examination" means the initial licensure examinations developed by the
American Board of Dental Examiners, Inc. or its successor.
(7) "Bylaws" means the bylaws passed by the commission or its named successor
commission.
(8) "Clearinghouse" means the clearinghouse and databank that houses prior Adverse
Action documentation, orders, and denials of licensure or permits from state dental boards
that is administered by the AADB or its successor.
(9) "CODA" means the Commission on Dental Accreditation or its successor as
approved by the United States Department of Education.
(10) "Commission" means the Interstate Dental and Dental Hygiene Compact
Licensure Commission created pursuant to Section 3 of this compact.
(11) "Commissioners" means the two members chosen by each member state dental
board to serve as the voting members of the commission.
(12) "Compact" means the Interstate Dental and Dental Hygiene Licensure Compact
created pursuant to Section 3 of this compact.
(13) "Compact license privilege" means the expedited dental or dental hygiene
license to practice in a member state that is not the licensee's home state.
(14) "Conviction" means an adjudication or formal judgment by a court that an
individual is guilty through a plea of guilty or no contest, or a finding of guilt by the court.
Evidence of a conviction of a criminal offense by the court shall be considered final for the
purposes of considering or imposing disciplinary action by a member state dental board.
(15) "Criminal background check" means a criminal background check using the
results of fingerprint or other biometric data checks compliant with the requirements of the
Federal Bureau of Investigation, with the exception of federal employees who have a
suitability determination in accordance with 5 CFR 731.202.
(16) "Dental hygienist" means any person who meets the following criteria:
(a) Has successfully graduated from a CODA-approved dental hygiene school.
(b) Has successfully passed the ADEX dental hygiene licensure examination; or has
been in practice five years or more and has successfully passed a regional board examination
or equivalent state-administered psychomotor licensure examination prior to January 1, 2024.
(c) Has successfully passed the written national dental hygiene board examination
administered by the Joint Commission on National Dental Examinations.
(d) Possesses a full and unrestricted dental hygiene license issued by a member state.
(e) Has never been convicted or received adjudication, deferred adjudication,
community supervision, or deferred disposition for any offense, other than traffic offenses,
by a court of appropriate jurisdiction.
(f) Has never been a subject of discipline by a licensing agency through any adverse
action, order, or other restriction of the licensee by a licensing agency, with the exception of
failure to pay fees or failure to complete continuing education.
(g) Is not currently under active investigation by a licensing agency or law
enforcement authority in any state, federal, or foreign jurisdiction.
(h) Meets any jurisprudence requirement established by a member state dental board
of a member state in which a licensee is seeking a compact license privilege.
(17) "Dental Practice Act" means the laws and regulations governing the practice of
dentistry within a member state.
(18) "Dentist" means any person who meets all of the following criteria:
(a) Has successfully graduated from a CODA-approved dental school.
(b) Has successfully passed the ADEX dental licensure exam; or has been in practice
five years or more and has successfully passed a regional board examination or equivalent
state-administered psychomotor licensure examination prior to January 1, 2024.
(c) Has successfully passed the written National Dental Board Exam administered
by the Joint Commission on National Dental Examinations.
(d) Possesses a full and unrestricted dental license issued by a member state dental
board.
(e) Has never been convicted or received adjudication, deferred adjudication,
community supervision, or deferred disposition for any offense, other than traffic offenses,
by a court of appropriate jurisdiction.
(f) Has never been a subject of discipline by a licensing agency through any adverse
action, order, or other restriction of the licensee by a licensing agency, with the exception of
failure to pay fees or failure to complete continuing education.
(g) Has never had a state or federal drug registration, permit, or license restricted,
suspended, or revoked by the United States Drug Enforcement Administration or any
licensing agency that oversees scheduled drug registrations.
(h) Is not currently under active investigation by a licensing agency or law
enforcement authority in any state, federal, or foreign jurisdiction.
(i) Meets any jurisprudence requirement established by a member state dental board
in which a licensee is seeking a compact license privilege.
(19) "Home state" means the state of primary licensure of a licensee.
(20) "License" means the authorization by a licensing authority for a dentist or dental
hygienist to engage in the unrestricted practice of dentistry or dental hygiene, which would
be unlawful without such license.
(21) "Licensee" means a dentist or dental hygienist who holds an unrestricted license
to practice as a dentist or dental hygienist.
(22) "Licensing agency" means the agency or other entity of a state that is responsible
for the licensing of dentists and dental hygienists. If a member state dental board has such
responsibility, it shall be deemed a licensing agency.
(23) "Member state dental board" means a state agency in a member state that
protects the public through licensure, regulation, and the education of dentists and dental
hygienists, as directed by the state law. All actions taken by a member state dental board
shall be under the authority of the laws of its state and any other rights conferred under this
compact.
(24) "Member state" means a state, the District of Colombia, or any other United
States territory that has enacted this compact.
(25) "Regional board examination" means initial licensure examinations
administered by the Western Regional Examining Board (WREB), the North East Regional
Board of Dental Examiners (NERB), the Commission on Dental Competency Assessments
(CDCA), Council of Interstate Testing Agencies (CITA), Southern Regional Testing Agency
(SRTA), or Central Regional Dental Testing Services (CRDTS) that assess psychomotor
skills.
(26) "Repository" means the repository of original documents of a licensee that may
include original transcripts, certification documents, test scores, military training records,
previous or current licensing documents, and other sources of materials needed for
applications and verification administered by the AADB or its successor. The repository
shall receive documents from primary or originating sources or verify their authenticity.
(27) "Scope of practice" means the dental-related procedures that require a license,
permit, or training to undertake the treatment and procedure to be completed on a patient
within the member state's requirements.
(28) "State" means a state within the United States of America or a United States
territory.
(29) "State jurisprudence" means the knowledge of a member state's laws and rules
of dentistry and dental hygiene.
A. The member states hereby create the Interstate Dental and Dental Hygiene
Licensure Compact and the commission. Each member state shall enact a compact that is
not materially different from this compact, as determined by the commission.
B. Each member state dental board shall have two voting members who shall serve
as commissioners. Each commissioner shall have one vote. Member states with separate
dental and dental hygiene licensing agencies shall appoint one commissioner from each
licensing agency. One commissioner shall be a current member of a member state dental
board. Commissioners may not delegate votes or vote by proxy, however, if a commissioner
is unable to attend, the member state may substitute a commissioner who meets the same
requirements.
C. Upon five states joining the compact, the compact shall become active. The
commission shall adopt bylaws upon becoming active.
D. The commission shall meet at least once per calendar year, in an annual meeting,
and at additional times as necessary pursuant to the bylaws and rules.
E. At each annual meeting, the commission shall elect a chair, vice chair, secretary,
and treasurer from the membership of the commission. The officers shall be members of the
commission's executive committee. The commission shall also elect representatives from
four regional districts established by the commission to serve on the executive committee.
All officers and executive committee representatives shall serve one-year terms.
F. Quorum for purposes of conducting business shall be a majority of commissioners
attending in person or virtually.
G. The commission shall provide notice of all meetings on its website and in other
communications to member state dental boards.
H. A vote of two-thirds of the commissioners present shall be required for an
executive session to discuss any of the following:
(1) Items specifically related to participation in a lawsuit or in anticipation of a legal
proceeding.
(2) Matters specifically exempted from disclosure by federal statute.
(3) Information or matters involving law enforcement agencies or information that
accuses a person of a crime or a public censure.
(4) Discussions that would include information of a personal nature that would
constitute an unwarranted invasion of personal privacy.
(5) Anything considered internal practices and procedures or a trade secret.
(6) Other items described in the commission bylaws allowing for executive sessions
to be called.
(7) Advice of legal counsel.
I. The commission shall keep minutes and make them available to all member states.
J. The commission may establish other committees as needed.
K. The commission shall prepare an annual report that shall be made available to the
legislatures and governors of the member states. The annual report shall describe the
activities of the commission during the preceding calendar year. Such reports shall also
include reports of the annual financial audit and any actions taken by or rules that were
adopted by the commission.
A. Member states shall submit to the clearinghouse all member state dental board
actions and other documents and data as determined by the commission.
B. Member states shall notify the commission of any adverse action taken by the
member state dental board, any active investigation by the member state dental board, any
active investigation involving pending criminal charges, or other circumstance as determined
by the commission.
C. Any adverse action, order, restriction, or denial of a license or permit on a licensee
or compact license privilege holder shall be reported to the clearinghouse by the member
state dental board.
D. Member state dental boards may submit to the clearinghouse nonpublic
complaints or disciplinary or investigatory information not required by Subsection C of this
Section of this compact. All investigatory material shall be considered confidential and not
part of a public record unless otherwise specifically required by state statute.
E. Members states shall accept continuing education credits as required or
recognized by any other member state.
F. Documents in the repository shall be treated by a member state as the equivalent
of a primary or original source document for licensure.
G. Member states shall accept a standardized application for a compact license
privilege. The standardized application shall be established by the rules enacted by the
commission.
H. Member states may agree to share information regarding ongoing investigations
and actions, including joint investigations between states. All investigatory material shall
be considered confidential and not part of a public record unless otherwise specifically
required by state statute.
I. As part of the compact enforcement, participating member states may issue
subpoenas and seek testimony of witnesses, which subpoenas shall be enforced in other
member states and enforced by a court of competent jurisdiction where the witnesses or
evidence is located.
A. The commission shall have the duty and power to do all of the following:
(1) Oversee and maintain the administration of the compact including the
organizational needs, the financial activities, the hiring of personnel, and ongoing activities
or needs of the commission.
(2) Promulgate bylaws and rules to operate the compact and the commission.
(3) Establish a budget and make expenditures.
(4) Have an annual financial audit performed by an independent certified public
accounting firm.
(5) Issue, upon the request of a member state dental board, advisory opinions
concerning the meaning or interpretation of the compact and its bylaws, rules, and actions.
(6) Enforce compliance with compact provisions, the rules promulgated by the
commission, and the bylaws, using all necessary and proper means, including but not limited
to the use of the judicial process.
(7) Hold an annual meeting for the commission where the elections of the executive
committee and other issues may be discussed and voted on.
(8) Establish personnel policies and programs relating to conflicts of interest, the
rates of compensation, and qualifications of personnel.
(9) Accept donations and grants of money, equipment, supplies, materials, and
services, and to receive, utilize, and dispose of them in a manner consistent with the
conflict-of-interest policies established by the commission.
(10) Report annually to the legislatures and governors of the member state dental
boards concerning the activities of the commission during the preceding calendar year. Such
reports shall also include reports of annual financial audits, all actions of the commission,
rules adopted by the commission, and any recommendations by the commission.
(11) Coordinate education, training, and public awareness regarding the compact,
its implementation, and its operation.
B. The executive committee shall have the power to act on behalf of the commission,
with the exception of rulemaking, during periods when the commission is not in session.
When acting on behalf of the commission, the executive committee shall oversee the
administration of the compact, including enforcement of and compliance with the compact.
C. The officers and employees of the commission shall be immune from suit and
liability, either personally or in their official capacity, for a claim for damage to or loss of
property or personal injury or other civil liability caused or arising out of, or relating to, an
actual or alleged act, error or omission that occurred, or that such person had a reasonable
basis for believing occurred, within the scope of commission employment, duties, or
responsibilities; provided that such person shall not be protected from suit or liability for
damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct
of such person.
D. The liability of the executive director and employees of the commission or
representatives of the commission, acting within the scope of such person's employment or
duties, for acts, errors, or omissions occurring within such person's state may not exceed the
limits of liability set forth under the constitution and laws of that state for state officials,
employees, and agents. The commission shall be considered to be an instrumentality of the
states for the purposes of any such action. Nothing in this Subsection shall be construed to
protect such person from suit or liability for damage, loss, injury, or liability caused by the
intentional or willful and wanton misconduct of such person.
E. The commission shall defend the commission's executive director, its employees,
and, subject to the approval of the attorney general or other appropriate legal counsel of the
member state represented by a commission representative, shall defend such commission
representative in any civil action seeking to impose liability arising out of an actual or alleged
act, error, or omission that occurred within the scope of commission employment, duties, or
responsibilities, or that the defendant had a reasonable basis for believing occurred within
the scope of commission employment, duties, or responsibilities, provided that the actual or
alleged act, error, or omission did not result from intentional or willful and wanton
misconduct on the part of such person.
F. To the extent not covered by the state involved, member state, or the commission,
the representatives or employees of the commission shall be held harmless by the
commission in the amount of a settlement or judgment, including attorney fees and costs,
obtained against such persons arising out of an actual or alleged act, error, or omission that
occurred within the scope of commission employment, duties, or responsibilities, or that such
persons had a reasonable basis for believing occurred within the scope of commission
employment, duties, or responsibilities, provided that the actual or alleged act, error, or
omission did not result from intentional or willful and wanton misconduct on the part of such
persons.
A. A dentist or dental hygienist applying for compact license privileges shall meet
the requirements of a dentist as listed in Section (2)(18) of this compact or a dental hygienist
as listed in Section (2)(16) of this compact and hold a current license in a member state in
accordance with this compact.
B. Each dentist or dental hygienist shall designate a home state of licensure. The
home state shall be determined by either of the following:
(1) The state of primary residence for the dentist or dental hygienist, where
twenty-five percent of his practice within one year occurs. An active-duty military member
or his spouse may choose a home state as designated with the military but is not required to
meet the requirement of twenty-five percent practice being within his home state.
(2) If no state qualifies pursuant to Paragraph (1) of this Subsection, then the state
that the dentist or dental hygienist listed as his state of residence on the previous year's
federal tax return.
C. A dentist or dental hygienist may redesignate a home state no more than one time
in a calendar year if the qualifications of a home state are met.
D. A dentist or dental hygienist seeking a compact license privilege shall apply to
his home state dental board for a letter stating that the applicant is eligible for compact
license privileges.
E. The home state dental board shall determine the eligibility of an application for
a compact license privilege and shall issue a letter of approval or denial of the application
for a compact license privilege.
F.(1) The letter from the applicant's home state dental board approving the
application shall be submitted to the member state dental board for the member state in
which the applicant proposes to practice and shall include all of the following:
(a) The compact application packet.
(b) Authorization to seek access to the applicant's repository documents.
(c) Any additional information that may be required by the proposed compact license
privilege state.
(d) Any required fees.
(2) The member state dental board shall review the application to confirm
compliance with the member state's laws and regulations. Following such review, if the
member state dental board approves the application, it shall issue a compact license privilege
from the proposed member state to the applicant.
G. Appeals of a denial of a compact license privilege application shall be filed with
the member state dental board making such determination and shall be filed within thirty
days of the date of the denial.
H. A licensee holding a compact license privilege shall notify the commission within
ten business days of any adverse action taken against a license held in a state that is not a
member state.
I. A compact license privilege may be revoked, suspended, or limited by the issuing
member state dental board if at any time the licensee's home state license is revoked,
suspended, or limited.
J. The commission shall issue rules on the duration of a compact license privilege,
the application and renewal process for a compact license privilege, and any application fees.
K. Eligibility or ineligibility to receive a compact license privilege shall not limit the
ability of a licensee to seek a state license through the regular process outside of the compact.
A. Each licensee holding a compact license privilege shall be subject to and comply
with the laws and regulations of the member state in which the licensee practices under a
compact license privilege.
B. Each licensee holding a compact license privilege shall be subject to the
jurisdiction and authority of the member state dental board of the state in which the licensee
practices as if he held a license issued from such member state dental board. Such compact
license privilege holder shall be deemed a "licensee" of the member state dental board for
purposes of such board taking an adverse action.
C. Each licensee holding a compact license privilege shall list a current address with
the commission that shall serve as his official address of service.
D. A licensee holding a compact license privilege may have an adverse action taken
against him by any of the following:
(1) The member state dental board of the member state in which he is practicing with
a compact license privilege.
(2) The licensee's home state.
(3) The state licensing authority of a state that is not a member state from which the
licensee holds a license.
E. A home state may take an adverse action against the holder of a compact license
privilege, regardless of where the actions giving rise to the adverse action occurred.
F. Any member state in which the compact licensee holds a compact license
privilege may investigate an allegation of a violation of the laws and rules of the practice of
dentistry or dental hygiene in any other state where the compact licensee holds a compact
license privilege.
A. The commission shall issue rules regarding the use of the repository by each
holder of a compact license privilege.
B. A member state dental board issuing a compact license privilege authorizing
practice in its state may impose a fee for a compact license privilege for either initial issuance
or any renewal.
C. No compact fee shall be required of any active-duty military member or his
spouse up to one year after separation from the service. Each member state issuing a
compact license privilege may waive fees for active-duty military or his spouse as required
by each individual state statute.
D. Active-duty military may transfer military training records to the repository
without a fee.
A. Each member state shall name a point of contact for joint investigations between
member state dental boards.
B. Member state dental boards may participate with other member state dental boards
in joint investigations of licensees that are subject to this compact.
C. Member state dental boards may share investigative, litigation, or other materials
in furtherance of any joint or individual investigation of a compact license privilege holder.
D. A subpoena issued by a member state or member state dental board shall be
enforceable in other member states as allowed by law.
E. If a compact license privilege holder has an adverse action taken against him by
any member state dental board, the compact license privilege holder, licensee shall
automatically be subject to similar discipline by other member state dental boards.
F. If a compact license privilege holder has an adverse action taken against his home
state license, including being revoked, surrendered, relinquished in lieu of discipline, or
suspended, then automatically all other compact license privileges shall be placed in the same
status. The home state dental board shall notify the commission and the commission shall
issue a notice to all member state dental boards of such adverse action.
G. If discipline or an adverse action is taken against a compact license privilege
holder in a member state, the member state board shall notify the commission and the home
state of the compact license privilege holder. The home state may deem the action
conclusive as a matter of law and fact and may do either of the following:
(1) Impose the same or lesser sanction consistent with the home state's laws.
(2) Pursue separate actions against the compact license privilege holder under its
laws, regardless of the sanctions pursued by the member state dental board.
A. Insurance companies and entities verifying documents for the purpose of licenses
extended to a dentist or dental hygienist may seek information from the clearinghouse for
public record documents.
B. A dentist or dental hygienist may submit a request to the commission to allow any
hiring employer, entity, or insurance company to access documents from the repository for
the purposes of credentialing, licensing, or other privileges.
C. The commission shall set a fee schedule for these services.
A. The commission shall promulgate reasonable rules in order to effectively and
efficiently implement and achieve the purposes and administration of the compact.
Notwithstanding the foregoing, in the event the commission exercises its rulemaking
authority in a manner that is beyond the scope of the purposes of the compact or the powers
granted to it, then such an action by the commission may be determined to be invalid and
have no force or effect.
B. Rules validly issued by the commission shall have the force of law in each
member state.
C. Rules deemed appropriate for the operations of the commission shall be made
pursuant to a rulemaking process that substantially conforms to the Model State
Administrative Procedure Act of 2010, and subsequent amendments thereto.
A. The executive, legislative, and judicial branches of state government in each
member state shall enforce the compact and shall take all actions necessary and appropriate
to effectuate the compact's purposes and intent to allow for expedited licensure for the
purpose of mobility. The provisions of the compact and the rules promulgated hereunder
shall have standing as statutory law but shall not override existing state authority to regulate
the practice of dentistry and dental hygiene.
B. All courts may take judicial notice of the compact and the rules in any judicial or
administrative proceeding in a member state pertaining to the subject matter of the compact
which may affect the powers, responsibilities, or actions of the commission.
C. The commission shall be entitled to receive all service of process in any such
proceeding and shall have standing to intervene in the proceeding for all purposes. Except
where the commission has intervened, failure to provide service of process to the
commission shall render a judgment or order void as to the commission, the compact, or
promulgated rules.
A. The commission, in the reasonable exercise of its discretion, shall enforce the
provisions and rules of the compact.
B. The grounds for default under this compact by a member state include but are not
limited to failure of a member state to perform such obligations or responsibilities imposed
upon it by the compact or by the rules and bylaws of the commission promulgated in
accordance with the compact.
C. If the commission determines that a member state has defaulted in the
performance of its obligations or responsibilities pursuant to the compact, bylaws, or
promulgated rules, the commission shall do both of the following:
(1) Provide written notice to the defaulting state and other member states of the
nature of the default, the means of curing the default, and any action taken by the
commission. The commission shall specify the conditions by which the defaulting state shall
cure its default.
(2) Provide remedial training and specific technical assistance regarding the default.
D. If the defaulting state fails to cure the default, the defaulting state shall be
terminated from the compact upon an affirmative vote of a majority of the commissioners
and all rights, privileges, and benefits conferred by the compact shall terminate on the
effective date of termination. A cure of the default does not relieve the offending state of
obligations or liabilities incurred during the period of the default.
E. Termination of membership in the compact shall be imposed only after all other
means of securing compliance have been exhausted. Notice of intent to terminate shall be
given by the commission to the governor, the majority and minority leaders of the defaulting
state's legislature, and each of the member states.
F. The commission shall establish rules and procedures to address licenses and
compact license privilege holders that are materially impacted by the termination of a
member state or the withdrawal of a member state.
G. The commission shall not bear any costs relating to any state that has been found
to be in default or which has been terminated from the compact, unless otherwise mutually
agreed upon in writing between the commission and the defaulting state.
H. The defaulting state may appeal the action of the commission by petitioning the
state court where the commission has its principal offices. The prevailing party shall be
awarded all costs of such litigation, including reasonable attorney fees.
I. The remedies herein shall not be the exclusive remedies of the commission. The
commission may avail itself of any other remedies available in accordance with state law or
the regulation of a profession.SECTION 14. DISPUTE RESOLUTION
A. The commission shall attempt, upon the request of a member state dental board,
to resolve disputes which are subject to the compact and which may arise among member
state dental boards.
B. The commission shall promulgate rules providing for both mediation and
voluntary binding dispute resolution, as appropriate.
A. Any state is eligible to become a member state of the compact.
B. The compact shall become effective and binding upon legislative enactment of
the compact into law by no less than five states. Thereafter, it shall become effective and
binding on a state upon enactment of the compact into law by that state.
C. The governors of nonmember states, or their designees, shall be invited to
participate in the activities of the commission on a nonvoting basis prior to adoption of the
compact by all states.
D. The commission may propose amendments to the compact for enactment by the
member states. No amendment shall become effective and binding upon the commission and
the member states unless and until it is enacted into law by unanimous consent of the
member states.
A. Once effective, the compact shall continue in force and remain binding upon each
and every member state; however, a member state may withdraw from the compact after
giving appropriate notice by specifically repealing the statute which enacted the compact into
law.
B. The licensee's compact license privilege shall remain in effect for six months from
the date of the member state dental board withdrawal.
C. The withdrawing state shall immediately notify the chairperson of the commission
in writing upon the introduction of legislation repealing the compact by the withdrawing
state, and upon the enactment of such legislation.
D. The commission shall notify the other member states within sixty days of its
receipt of notice provided pursuant to Subsection C of this Section of this compact.
E. Reinstatement following withdrawal of a member state shall occur upon the
withdrawing state reenacting the compact or upon such later date as determined by the
commission.
F. The commission shall issue rules to address the impact of the withdrawal of a
member state on licenses granted by other member states to dentists and dental hygienists
who designated the withdrawing member state as their home state.
A. The compact shall dissolve effective upon the date of the withdrawal or default
of the member state which reduces the membership in the compact to one member state.
B. Upon the dissolution of the compact, the compact shall become null and void and
shall be of no further force or effect, and the business and affairs of the commission shall be
concluded and surplus funds shall be distributed in accordance with the bylaws.
A. The provisions of the compact shall be severable, and if any phrase, clause,
sentence, or provision is deemed unenforceable, the remaining provisions of the compact
shall be enforceable.
B. The provisions of the compact shall be liberally construed to effectuate its
purposes.
A. Nothing herein prevents the enforcement of any other law of a member state that
is not inconsistent with the compact.
B. All lawful actions of the commission, including all rules and bylaws promulgated
by the commission, shall be binding upon the member states.
C. All agreements between the commission and the member states shall be binding
in accordance with their terms.
D. In the event any provision of the compact exceeds the constitutional limits
imposed on the legislature of any member state, such provision shall be ineffective to the
extent of the conflict with the constitutional provision in question in that member state.

Legislative History

Acts 2025, No. 312, §1.