89R2094 SCP-F     By: Harless H.B. No. 1799       A BILL TO BE ENTITLED   AN ACT   relating to the Interstate Dental and Dental Hygiene Licensure   Compact; authorizing fees.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle D, Title 3, Occupations Code, is   amended by adding Chapter 268 to read as follows:   CHAPTER 268. INTERSTATE DENTAL AND DENTAL HYGIENE LICENSURE   COMPACT          Sec. 268.001.  INTERSTATE DENTAL AND DENTAL HYGIENE   LICENSURE COMPACT. The Interstate Dental and Dental Hygiene   Licensure Compact is enacted and entered into with all other   jurisdictions that legally join in the compact, which reads as   follows:   INTERSTATE DENTAL AND DENTAL HYGIENE LICENSURE COMPACT   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 of Texas with any jurisdiction legally joined   therein, in the form substantially as set forth in this Act.   Section 1. PURPOSE.   This Compact shall be known as the Interstate Dental and Dental   Hygiene Licensure Compact and the purpose of the Compact is to   expedite licensure and increase access to dental health care   through licensure boards acting in cooperation.  The Compact adopts   the existing structures most utilized by Dental Boards across the   United States, while ensuring the safety of the public through the   sharing of documents and information.  This Compact ensures that   each state retains the right to impose an adverse action on a   licensee as a home state or as a practicing state.  Each state has an   opportunity to share investigations and information with the home   state of licensure.  The Compact is operated by state dental board   members, administrators and other staff, thus allowing for each   state to maintain its sovereignty.   The Compact:          (a)  Allows for expedited licensure portability and ease of   movement of licensees between states;          (b)  Allows each state to continue to regulate the practice   of dentistry and dental hygiene within its borders;          (c)  Creates a common goal of protecting the public by   ensuring a uniform licensure standard and sharing of information in   the Compact;          (d)  Allows for licensure in every participating state by   requiring passage of the uniform licensure examination that   assesses psychomotor and cognitive dental skills and is currently   accepted in fifty state (50) licensing jurisdictions and United   States territories;          (e)  Gives licensees one (1) location to maintain   professional documentation to expedite license transfers in   states, hospitals or institutional credentialing;          (f)  Facilitates a faster licensure process for relocation   or separation of military members and their dependent spouses;   there are no Compact fees for military members or their spouses;          (g)  Alleviates a duplicative process for licensure among   multiple states; and          (h)  Saves applicants money by not having to obtain duplicate   documents from a source that charges for the documents.   Section 2. DEFINITIONS          (a)  "AADB" means the American Association of Dental Boards   (AADB) or its named successor, formerly known as the American   Association of Dental Examiners (AADE), originally chartered on   September 10th, 1896 and renewed in 1944, comprised of State Dental   Boards in the United States and its territories;          (b)  "Attorneys' Committee" means the committee of attorneys   who currently represent a Member State Dental Board. The Attorneys'   Committee shall participate in the Commission as a non-voting   member. An attorney that has previously served as an attorney for a   Member State Dental Board may be invited on a year-to-year basis to   serve on the Attorneys' Committee if they have not engaged in an   official case against a State Dental Board or have any no other   conflict of interest. The Attorneys' Committee may assist the   investigators in working through joint investigation issues   between states;          (c)  "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 must be   recognized by the military unit as a dependent while the service   member is on active duty. Spouses shall receive the same privileges   as military members for the purpose of this Compact;          (d)  "Active Investigation" means an active investigation   resulting in formal allegations or charges precipitating a judicial   process by a State Dental Board, oversight agency, or other law   enforcement entity;          (e)  "Adverse Action" means an order issued by a State Dental   Board or reported to the clearinghouse pursuant to the Commission's   Bylaws and rules that disciplines a Licensee. Adverse Action   includes, and is not limited to, the suspension, limiting, or   revocation of a License or Compact License Privilege; the   imposition of fees and sanctions; and any temporary emergency order   that may be later withdrawn by a Board;          (f)  "ADEX examination" means the initial licensure   examinations developed by the American Board of Dental Examiners,   Inc. or its successor;          (g)  "Bylaws" means the bylaws passed by the Commission or   its named successor commission;          (h)  "Clearinghouse" means the clearinghouse and databank   that houses prior Adverse Action documentations, orders and denials   of licensure or permits from State Dental Boards that is   administered by the AADB or its successor;          (i)  "CODA" means the Commission on Dental Accreditation or   its successor as approved by the United States Department of   Education;          (j)  "Commission" means the Interstate Dental and Dental   Hygiene Compact Licensure Commission created pursuant to Section 3   of this Act.          (k)  "Commissioners" means the two (2) members chosen by each   Member State Dental Board to serve as the voting members of the   Commission;          (l)  "Compact" means the Interstate Dental and Dental   Hygiene Licensure Compact created pursuant to Section 3 of this   Act;          (m)  "Compact License Privilege" means the expedited dental   or dental hygiene license to practice in a Member State that is not   the Licensee's Home State;          (n)  "Conviction" means an adjudication or formal judgment   by a court that an individual is guilty through a plea of guilty or   no contest, or a finding of guilt by the court. Evidence of a   conviction of a criminal offense by the court shall be considered   final for the purposes of considering or imposing disciplinary   action by a Member State Dental Board;          (o)  "Criminal background check" means a criminal background   check using the results of fingerprint or other biometric data   checks compliant with the requirements of the Federal Bureau of   Investigation, with the exception of federal employees who have   suitability determination in accordance with 5 C.F.R. 731.202;          (p)  "Dental hygienist" means any person who:                1.  Has successfully graduated from a CODA-approved   dental hygiene school;                2.  Has successfully passed the ADEX dental hygiene   licensure examination; or has been in practice 5 years or more and   has successfully passed a Regional Board Examination or equivalent   state-administered psychomotor licensure examination prior to   January 1, 2024;                3.  Has successfully passed the written national dental   hygiene board examination administered by the Joint Commission on   National Dental Examinations;                4.  Possesses a full and unrestricted dental hygiene   license issued by a Member State;                5.  Has never been convicted or received adjudication,   deferred adjudication, community supervision or deferred   disposition for any offense by a court of appropriate jurisdiction;                6.  Has never been a subject of discipline by a   Licensing Agency through any Adverse Action, order, or other   restriction of the Licensee by a Licensing Agency, with the   exception of failure to pay fees or failure to complete continuing   education;                7.  Is not currently under Active Investigation by a   Licensing Agency or law enforcement authority in any state, federal   or foreign jurisdiction; and                8.  Meets any jurisprudence requirement established by   a Member State Dental Board of a Member State in which a Licensee is   seeking a Compact License Privilege.          (q)  "Dental Practice Act" means the laws and regulations   governing the practice of dentistry within a Member State;          (r)  "Dentist" means any person who:                1.  Has successfully graduated from a CODA-approved   dental school;                2.  Has successfully passed the ADEX dental licensure   exam; or has been in practice 5 years or more and has successfully   passed a Regional Board Examination or equivalent   state-administered psychomotor licensure examination prior to   January 1, 2024;                3.  Has successfully passed the written National Dental   Board Exam administered by the Joint Commission on National Dental   Examinations;                4.  Possesses a full and unrestricted dental license   issued by a Member State Dental Board;                5.  Has never been convicted or received adjudication,   deferred adjudication, community supervision, or deferred   disposition for any offense by a court of appropriate jurisdiction;                6.  Has never been a subject of discipline by a   Licensing Agency through any Adverse Action, order, or other   restriction of the Licensee by a Licensing Agency, with the   exception of failure to pay fees or failure to complete continuing   education;                7.  Has never had a state or federal drug registration,   permit, or license restricted, suspended, or revoked by the United   States Drug Enforcement Administration or any Licensing Agency that   oversees scheduled drug registrations;                8.  Is not currently under Active Investigation by a   Licensing Agency or law enforcement authority in any state, federal   or foreign jurisdiction; and                9.  Meets any jurisprudence requirement established by   a Member State Dental Board in which a Licensee is seeking a Compact   License Privilege;          (s)  "Home State" means the state of primary licensure of a   Licensee;          (t)  "License" means the authorization by a Licensing   Authority for a dentist or dental hygienist to engage in the   unrestricted practice of dentistry or dental hygiene, which would   be unlawful without such license;          (u)  "Licensee" means a Dentist or Dental Hygienist who holds   an unrestricted License to practice as a dentists or dental   hygienist.          (v)  "Licensing Agency" means the agency or other entity of a   State that is responsible for the licensing of Dentists and Dental   Hygienists. If a Member State Dental Board has such responsibility,   it shall be deemed a Licensing Agency.          (w)  "Member State Dental Board" means a state agency in a   Member State that protects the public through licensure,   regulation, and the education of dentist and dental hygienists, as   directed by the state law. All actions taken by a Member State   Dental Board shall be under the authority of the laws its State and   any other rights conferred under this Compact;          (x)  "Member State" means a state or United States territory   that has enacted the Compact;          (y)  "Regional Board Examination" means initial licensure   examinations administered by the Western Regional Examining Board   (WREB), the North East Regional Board of Dental Examiners (NERB),   the Commission on Dental Competency Assessments (CDCA), Council of   Interstate Testing Agencies (CITA), Southern Regional Testing   Agency (SRTA), or Central Regional Dental Testing Services (CRDTS)   that assess psychomotor skills;          (z)  "Repository" means the repository of original documents   of a Licensee that may include original transcripts, certification   documents, test scores, military training records, previous or   current licensing documents and other sources of materials needed   for applications and verification administered by the AADB or its   successor. The Repository shall receive documents from primary or   originating sources and/or verify their authenticity;          (aa)  "Scope of practice" means the dental-related   procedures that require a License, permit, or training, to   undertake the treatment and procedure to be completed on a patient   within the Member State's requirements;          (bb)  "State" means a state within the United States or a   United States Territory; and          (cc)  "State jurisprudence" means the knowledge of a Member   State's laws and rules of dentistry and dental hygiene.   Section 3. COMPACT AND COMMISSION          a)  The Member States hereby create the Interstate Dental and   Dental Hygiene Licensure Compact and the Commission. Each State   must enact a compact that is not materially different from this   Compact, as determined by the Commission.          b)  Each Member State Dental Board shall have two (2) voting   members who shall serve as Commissioners. Each Commissioner shall   have one (1) vote. Member States with separate dental and dental   hygiene Licensing Agencies shall appoint one (1) Commissioner from   each licensing agency. One Commissioner shall be a current member   of a Member State Dental Board. Commissioners may not delegate   votes or vote by proxy, however, if a Commissioner is unable to   attend, the Member State may substitute a Commissioner who meets   the same requirements.          c)  Upon five (5) 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   (the "Annual Meeting") and at additional times as necessary   pursuant to the Bylaws and rules.          e)  At each Annual Meeting, the Commission shall elect a   Chair, Vice Chair, Secretary, and Treasurer from the membership of   the Commission (the "Officers.") The Officers shall be members of   the Commission's Executive Committee (the "Executive Committee.")   The Commission shall also elect representatives from four (4)   regional districts established by the Commission to serve on the   Executive Committee. All Officers and Executive Committee   representatives shall serve one (1)-year terms.          f)  Quorum for purposes of conducting business shall be a   majority of Commissioners attending in person or virtually.          g)  The Commission shall provide notice of all meetings on   its website and in other communications to Member State Dental   Boards.          h)  A vote of two-thirds (2/3) of the Commissioners present   shall be required for an executive session to discuss:                1)  Items specifically related to participation in a   lawsuit or in anticipation of a legal proceeding;                2)  Matters specifically exempted from disclosure by   federal statute;                3)  Information or matters involving law enforcement   agencies or information that accuses a person of a crime or a public   censure;                4)  Discussions that would include information of a   personal nature that would constitute an unwarranted invasion of   personal privacy;                5)  Anything considered internal practices and   procedures or a trade secret;                6)  Other items described in the Commission Bylaws   allowing for executive sessions to be called; or                7)  Advice of Legal Counsel.          i)  The Commission shall keep minutes and make them available   to all Member States.          j)  The Commission may establish other committees as needed.          k)  The Commission shall prepare an annual report that shall   be made available to the legislatures and governors of the Member   States. The annual report shall describe the activities of the   Commission during the preceding calendar year. Such reports shall   also include reports of the annual financial audit and any actions   taken by or rules that were adopted by the Commission.   Section 4. DUTIES OF COMPACT MEMBER STATES          a)  Member States shall submit to the Clearinghouse all   Member State Dental Board actions and other documents and data 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 Section 4(c). All   investigatory material shall be considered confidential and not   part of a public record unless otherwise specifically required by   state statute;          e)  Accept continuing education credits as required by each   state;          f)  Documents in the Repository shall be treated by a Member   State as the equivalent of a primary or original source document for   licensure;          g)  Member States shall accept a standardized application   for a Compact License Privilege. The standardized application shall   be established by the rules enacted by the Commission;          h)  Member States may agree to share information regarding   ongoing investigations and actions, including joint investigations   between states. All investigatory material shall be considered   confidential and not part of a public record unless otherwise   specifically required by state statute; and          i)  As part of the Compact enforcement, participating Member   States may issue subpoenas and seek testimony of witnesses, which   subpoenas shall be enforced in other Member States and enforced by a   court of competent jurisdiction where the witnesses or evidence is   located.   Section 5. POWERS AND DUTIES OF THE COMMISSION          a)  The Commission shall have the duty and power to:                1)  Oversee and maintain the administration of the   Compact, including the organizational needs, the financial   activities, the hiring of personnel and ongoing activities or needs   of the Commission;                2)  Promulgate Bylaws and rules to operate the Compact   and the Commission;                3)  Establish a budget and make expenditures;                4)  Have an annual financial audit performed by an   independent certified public accounting firm;                5)  Issue, upon the request of a Member State Dental   Board, advisory opinions concerning the meaning or interpretation   of the Compact and its Bylaws, rules, and actions;                6)  Enforce compliance with Compact provisions, the   rules promulgated by the Commission, and the Bylaws, using all   necessary and proper means, including but not limited to the use of   judicial process;                7)  Hold an Annual Meeting for the Commission where the   elections of the Executive Committee and other issues may be   discussed and voted on;                8)  Establish personnel policies and programs relating   to conflicts of interest, and the rates of compensation and   qualifications of personnel;                9)  Accept donations and grants of money, equipment,   supplies, materials and services, and to receive, utilize and   dispose of them in a manner consistent with the   conflict-of-interest policies established by the Commission;                10)  Report annually to the legislatures and governors   of the Member State Dental Boards concerning the activities of the   Commission during the preceding calendar year. Such reports shall   also include reports of annual financial audits, all actions of the   Commission, rules adopted by the Commission, and any   recommendations by the Commission; and                11)  Coordinate education, training and public   awareness regarding the Compact, its implementation, and its   operation.          b)  The Executive Committee shall have the power to act on   behalf of the Commission, with the exception of rulemaking, during   periods when the Commission is not in session. When acting on behalf   of the Commission, the Executive Committee shall oversee the   administration of the Compact, including enforcement and   compliance of the Compact.          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 an Commission representative, shall defend   such Commission representative in any civil action seeking to   impose liability arising out of an actual or alleged act, error or   omission that occurred within the scope of Commission employment,   duties or responsibilities, or that the defendant had a reasonable   basis for believing occurred within the scope of Commission   employment, duties or responsibilities, provided that the actual or   alleged act, error or omission did not result from intentional or   willful and wanton misconduct on the part of such person.          f)  To the extent not covered by the state involved, Member   State, or the Commission, the representatives or employees of the   Commission shall be held harmless in the amount of a settlement or   judgment, including attorney fees and costs, obtained against such   persons arising out of an actual or alleged act, error or omission   that occurred within the scope of Commission employment, duties or   responsibilities, or that such persons had a reasonable basis for   believing occurred within the scope of Commission employment,   duties or responsibilities, provided that the actual or alleged   act, error or omission did not result from intentional or willful   and wanton misconduct on the part of such persons.   Section 6. APPLICATION, ELIGIBILITY, AND ISSUANCE OF COMPACT   LICENSE PRIVILEGE TO A MEMBER STATE.          a)  A dentist or dental hygienist applying for Compact   License Privileges shall meet the requirements of a Dentist as   listed in Section (2)(r) of this Compact or a Dental Hygienist as   listed in Section (2)(p) of this Compact and hold a current License   in a Member State under this Compact.          b)  Each Dentist or Dental Hygienist shall designate a Home   State of licensure. The Home State shall be determined by:                1)  The State of primary residence for the Dentist or   Dental Hygienist, where twenty-five percent (25%) of their practice   within one year occurs. An active-duty military member or their   spouse may choose a Home State as designated with the military but   are not required to meet the requirement of twenty-five percent   (25%) practice being within their Home State; or                2)  If no State qualifies under Section 6(b)(1), then   the State where the Dentist or Dental Hygienist filed the previous   year's federal tax return.          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 (the "Applicant") shall apply to their Home State Dental   Board for a letter stating that the Applicant is eligible for   Compact License Privileges.          e)  The Home State Dental Board shall determine the   eligibility of an application for a Compact License Privilege and   shall issue a letter of approval or denial of the application for a   Compact License Privilege.          f)  The letter from the Applicant's Home State Dental Board   approving the application shall be submitted to the Member State   Dental Board for the Member State in which the Applicant proposes to   practice, and shall include: (i) the Compact application packet;   (ii) authorization to seek access to the Applicant's Repository   documents; (iii) any additional information that may be required by   the proposed Compact License Privilege state; and (iv) any required   fees. The Member State Dental Board shall review the application to   confirm compliance with the Member State's laws and regulations.   Following such review, if the Member State Dental Board approves   the application, it shall issue a Compact License Privilege from   the proposed Member State to the Applicant.          g)  Appeals of a denial of a Compact License Privilege   application shall be filed with the Member State Dental Board   making such determination, and shall be filed within thirty (30)   dates of the date of the denial.          h)  A Licensee holding a Compact License Privilege shall   notify the Commission within ten (10) business days of any Adverse   Action taken against a License held in a state that is not a Member   State.          i)  A Compact License Privilege may be revoked, suspended or   limited by the issuing Member State Dental Board if at any time the   Licensee's Home State license is revoked, suspended or limited.          j)  The Commission shall issue rules on the duration of a   Compact License Privilege, the application and renewal process 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.   7. JURISDICTION OVER COMPACT LICENSE PRIVILEGE HOLDERS          a)  Each Licensee holding a Compact License Privilege shall   be subject to and comply with the laws and regulations of the Member   State in which such Licensee practices under a Compact License   Privilege.          b)  Each Licensee holding a Compact License Privilege shall   be subject to the jurisdiction and authority of the Member State   Dental Board of the state in which such Licensee practices, as if   they held a license issued from such Member State Dental Board. Such   Compact License Privilege holder shall be deemed a "Licensee" of   the Member State Dental Board for purposes of such board taking an   Adverse Action.          c)  Each Licensee holding a Compact License Privilege shall   list a current address with the Commission that shall serve as their   official address of service.          d)  A Licensee holding a Compact License Privilege may have   an Adverse Action taken against them by:                1)  The Member State Dental Board of the Member State in   which they are practicing with a Compact License Privilege;                2)  The Licensee's Home State; or                3)  The State Licensing Authority of a State that is not   a Member State from which the Licensee holds a License.          e)  A Home State may take an Adverse Action against the   holder of a Compact License Privilege, regardless of where the   actions giving rise to the Adverse Action occurred.          f)  Any Member State in which the Compact Licensee holds a   Compact License Privilege may investigate an allegation of a   violation of the laws and rules of the practice of dentistry or   dental hygiene in any other State where the Compact Licensee holds a   Compact License Privilege.   Section 8. FEES AND MILITARY WAIVER          a)  The Commission shall issue rules regarding the use of the   Repository by each holder of a Compact License Privilege.          b)  A Member State Dental Board issuing a Compact License   Privilege authorizing practice in its State may impose a fee for a   Compact License Privilege, for ether initial issuance or any   renewal.          c)  No Compact fee shall be required of any active-duty   military member and/or their spouse up to one (1) year after   separation. Each Member State issuing a Compact License Privilege   may waive fees for active-duty military and/or their spouse as   required by each individual state statute.          d)  Active-duty military may transfer military training   records to the Repository without a fee.   Section 9. JOINT INVESTIGATIONS AND DISCIPLINARY ACTIONS          a)  Each Member State shall name a point of contact for joint   investigations between Member State Dental Boards.          b)  Member State Dental Boards may participate with other   Member State Dental Boards in joint investigations of Licensees   that are subject to this Compact.          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 by any Member State Dental Board against the Compact   License Privilege holder, the Compact License Privilege holder,   Licensee shall automatically be subject to discipline by other   Member State Dental Boards.          f)  If a Compact License Privilege holder has an Adverse   Action taken against their Home State license, including being   revoked, surrendered, or relinquished in lieu of discipline or   suspended, then automatically all other Compact License Privileges   shall be placed in the same status. The Home State Dental Board   shall notify the Commission and the Commission shall issue a notice   to all Member State Dental Boards of such Adverse Action.          g)  If discipline or an Adverse Action is taken against a   Compact License Privilege holder in a Member State, the Member   State Board shall notify the Commission and the Home State of the   Compact License Privilege holder. The Home State may deem the   action conclusive as a matter of law and fact decided and may:                1)  Impose the same or lesser sanction consistent with   the Home State's laws; or                2)  Pursue separate actions against the Compact License   Privilege holder under its laws, regardless of the sanctions   pursued by the Member State Dental Board.   Section 10. OTHER REQUESTS FOR INFORMATION FROM THE REPOSITORY AND   THE CLEARINGHOUSE          a)  Insurance companies and entities verifying documents for   the purpose of licenses extended to a Dentist or Dental Hygienist   may seek information from the Clearinghouse for public 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.   Section 11. RULEMAKING FUNCTIONS OF THE COMMISSION          a)  The Commission shall promulgate reasonable rules in   order to effectively and efficiently implement and achieve the   purposes and administration of the Compact. Notwithstanding the   foregoing, in the event the Commission exercises its rulemaking   authority in a manner that is beyond the scope of the purposes of   the Compact or the powers granted hereunder, then such an action by   the Commission may be determined to be invalid and have no force or   effect.          b)  Rules issued by the Commission shall have the force of   law in each Member State.          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.   Section 12. OVERSIGHT OF THE COMPACT          a)  The executive, legislative, and judicial branches of   state government in each Member State shall enforce the Compact and   shall take all actions necessary and appropriate to effectuate the   Compact's purposes and intent to allow for expedited licensure for   the purpose of mobility. The provisions of the Compact and the rules   promulgated hereunder shall have standing as statutory law but   shall not override existing state 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. Failure to provide   service of process to the Commission shall render a judgment or   order void as to the Commission, the Compact or promulgated rules.   Section 13. ENFORCEMENT AND DEFAULT PROCEDURES          a)  The Commission, in the reasonable exercise of its   discretion, shall enforce the provisions and rules of the Compact.          b)  The grounds for default under this Compact by a Member   State include, but are not limited to, failure of a Member State to   perform such obligations or responsibilities imposed upon it by the   Compact or by the rules and Bylaws of the Commission promulgated   under the Compact.          c)  If the Commission determines that a Member State has   defaulted in the performance of its obligations or responsibilities   under the Compact, or the Bylaws or promulgated rules, the   Commission shall:                1)  provide written notice to the defaulting state and   other Member States of the nature of the default, the means of   curing the default and any action taken by the Commission. The   Commission shall specify the conditions by which the defaulting   state must cure its default; and                2)  provide remedial training and specific technical   assistance regarding the default.          d)  If the defaulting state fails to cure the default, the   defaulting state shall be terminated from the Compact upon an   affirmative vote of a majority of the Commissioners and all rights,   privileges and benefits conferred by the Compact shall terminate on   the effective date of termination. A cure of the default does not   relieve the offending state of obligations or liabilities incurred   during the period of the default.          e)  Termination of membership in the Compact shall be imposed   only after all other means of securing compliance have been   exhausted. Notice of intent to terminate shall be given by the   Commission to the Governor, the majority and minority leaders of   the defaulting state's legislature and each of the Member States.          f)  The Commission shall establish rules and procedures to   address licenses and Compact License Privilege holders that are   materially impacted by the termination of a Member State or the   withdrawal of a Member State.          g)  The Commission shall not bear any costs relating to any   state that has been found to be in default or which has been   terminated from the Compact, unless otherwise mutually agreed upon   in writing between the Commission and the defaulting state.          h)  The defaulting state may appeal the action of the   Commission by petitioning the federal district where the Commission   has its principal offices. The prevailing party shall be awarded   all costs of such litigation, including reasonable attorney fees.          i)  The Commission shall not bear any costs relating to any   state that has been found to be in default or which has been   terminated from the Compact, unless otherwise mutually agreed upon   in writing between the Commission and the defaulting state.          j)  The remedies herein shall not be the exclusive remedies   of the Commission. The Commission may avail itself of any other   remedies available under state law or the regulation of a   profession.   Section 14. DISPUTE RESOLUTION          a)  The Commission shall attempt, upon the request of a   Member State Dental Board, to resolve disputes which are subject to   the Compact and which may arise among Member State Dental Boards.          b)  The Commission shall promulgate rules providing for both   mediation and binding dispute resolution, as appropriate.   Section 15. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT          a)  Any state is eligible to become a Member State of the   Compact.          b)  The Compact shall become effective and binding upon   legislative enactment of the Compact into law by no less than five   (5) states. Thereafter, it shall become effective and binding on a   state upon enactment of the Compact into law by that State.          c)  The governors of non-member 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.   Section 16. WITHDRAWAL          a)  Once effective, the Compact shall continue in force and   remain binding upon each and every Member State; provided, however,   that a Member State may withdraw from the Compact after giving   appropriate notice by specifically repealing the statute which   enacted the Compact into law.          b)  The Licensee's Compact License Privilege shall remain in   effect for six (6) months from the date of the Member State Dental   Board withdrawal.          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.          d)  The Commission shall notify the other Member States of   the withdrawing State's intention to withdraw within sixty (60)   days of its receipt of notice provided under Section 16(c) of this   section.          e)  Reinstatement following withdrawal of a Member State   shall occur upon the withdrawing state reenacting the Compact or   upon such later date as determined by the Commission.          f)  The Commission shall issue rules to address the impact of   the withdrawal of a Member State on Licenses granted by other   Member States to dentists and dental hygienists who designated the   withdrawing Member State as their Home State.   Section 17. DISSOLUTION          a)  The Compact shall dissolve effective upon the date of the   withdrawal or default of the Member State which reduces the   membership in the Compact to one (1) Member State.          b)  Upon the dissolution of the Compact, the Compact shall   become null and void and shall be of no further force or effect, and   the business and affairs of the Commission shall be concluded and   surplus funds shall be distributed in accordance with the Bylaws.   Section 18. SEVERABILITY AND CONSTRUCTION          a)  The provisions of the Compact shall be severable, and if   any phrase, clause, sentence or provision is deemed unenforceable,   the remaining provisions of the Compact shall be enforceable.          b)  The provisions of the Compact shall be liberally   construed to effectuate its purposes.   Section 19. BINDING EFFECT OF COMPACT AND OTHER LAWS          a)  Nothing herein prevents the enforcement of any other law   of a Member State that is not inconsistent with the Compact.          b)  All lawful actions of the Commission, including all rules   and Bylaws promulgated by the Commission, shall be binding upon the   Member States.          c)  All agreements between the Commission and the Member   States shall beare binding in accordance with their terms.          d)  In the event any provision of the Compact exceeds the   constitutional limits imposed on the legislature of any Member   State, such provision shall be ineffective to the extent of the   conflict with the constitutional provision in question in that   Member State.   Section 20. RULES OF ORDER          The most current edition of the American Institute of   Parliamentarians Standard Code of Parliamentary Procedure shall shall   all meetings of the Commission, including its committees, in those   situations not otherwise covered in the Bylaws.          Sec. 268.002.  ADMINISTRATION OF COMPACT. The board is the   Interstate Dental and Dental Hygiene Licensure Compact   administrator for this state.          Sec. 268.003.  RULES. The board may adopt rules necessary to   implement this chapter.          SECTION 2.  This Act takes effect September 1, 2025.