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1 STATE OF OKLAHOMA
1
2 1st Session of the 60th Legislature (2025)
2
3 SENATE BILL 540 By: Stanley
3
4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to professions and occupations;
7 enacting the Dentist and Dental Hygienist Compact and
8 authorizing the Governor to enter into the Compact
8 with certain jurisdictions; setting forth form of the
9 Compact; providing for codification; and providing an
9 effective date.
10
10
11
11
12
12
13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
13
14 SECTION 1. NEW LAW A new section of law to be codified
14
15 in the Oklahoma Statutes as Section 329.1 of Title 59, unless there
15
16 is created a duplication in numbering, reads as follows:
16
17 The Dentist and Dental Hygienist Compact is hereby enacted into
17
18 law and the Governor shall enter into the Compact on behalf of the
18
19 State of Oklahoma with any jurisdiction legally joined therein, in
19
20 the form substantially as set forth in this act.
20
21 SECTION 2. NEW LAW A new section of law to be codified
21
22 in the Oklahoma Statutes as Section 329.2 of Title 59, unless there
22
23 is created a duplication in numbering, reads as follows:
23
24 DENTIST AND DENTAL HYGIENIST COMPACT
24
Req. No. 137 Page 1
1 SECTION 1: TITLE AND PURPOSE
1
2 This statute shall be known and cited as the "Dentist and Dental
2
3 Hygienist Compact". The purposes of this Compact are to facilitate
3
4 the interstate practice of dentistry and dental hygiene and improve
4
5 public access to dentistry and dental hygiene services by providing
5
6 Dentists and Dental Hygienists licensed in a Participating State the
6
7 ability to practice in Participating States in which they are not
7
8 licensed. The Compact does this by establishing a pathway for
8
9 Dentists and Dental Hygienists licensed in a Participating State to
9
10 obtain a Compact Privilege that authorizes them to practice in
10
11 another Participating State in which they are not licensed. The
11
12 Compact enables Participating States to protect the public health
12
13 and safety with respect to the practice of such Dentists and Dental
13
14 Hygienists, through the State's authority to regulate the practice
14
15 of dentistry and dental hygiene in the State. The Compact:
15
16 A. Enables Dentists and Dental Hygienists who qualify for a
16
17 Compact Privilege to practice in other Participating States without
17
18 satisfying burdensome and duplicative requirements associated with
18
19 securing a License to practice in those States.
19
20 B. Promotes mobility and addresses workforce shortages through
20
21 each Participating State's acceptance of a Compact Privilege to
21
22 practice in that State.
22
23
23
24
24
Req. No. 137 Page 2
1 C. Increases public access to qualified, licensed Dentists and
1
2 Dental Hygienists by creating a responsible, streamlined pathway for
2
3 Licensees to practice in Participating States.
3
4 D. Enhances the ability of Participating States to protect the
4
5 public's health and safety.
5
6 E. Does not interfere with licensure requirements established
6
7 by a Participating State.
7
8 F. Facilitates the sharing of licensure and disciplinary
8
9 information among Participating States.
9
10 G. Requires Dentists and Dental Hygienists who practice in a
10
11 Participating State pursuant to a Compact Privilege to practice
11
12 within the Scope of Practice authorized in that State.
12
13 H. Extends the authority of a Participating State to regulate
13
14 the practice of dentistry and dental hygiene within its borders to
14
15 Dentists and Dental Hygienists who practice in the State through a
15
16 Compact Privilege.
16
17 I. Promotes the cooperation of Participating States in
17
18 regulating the practice of dentistry and dental hygiene within those
18
19 States.
19
20 J. Facilitates the relocation of military members and their
20
21 spouses who are licensed to practice dentistry or dental hygiene.
21
22 SECTION 2: DEFINITIONS
22
23 As used in this Compact, unless the context requires otherwise,
23
24 the following definitions shall apply:
24
Req. No. 137 Page 3
1 A. "Active Military Member" means any person with full-time
1
2 duty status in the armed forces of the United States, including
2
3 members of the National Guard and Reserve.
3
4 B. "Adverse Action" means disciplinary action or encumbrance
4
5 imposed on a License or Compact Privilege by a State Licensing
5
6 Authority.
6
7 C. "Alternative Program" means a non-disciplinary monitoring or
7
8 practice remediation process applicable to a Dentist or Dental
8
9 Hygienist approved by a State Licensing Authority of a Participating
9
10 State in which the Dentist or Dental Hygienist is licensed. This
10
11 includes, but is not limited to, programs to which Licensees with
11
12 substance abuse or addiction issues are referred in lieu of Adverse
12
13 Action.
13
14 D. "Clinical Assessment" means examination or process, required
14
15 for licensure as a Dentist or Dental Hygienist as applicable, that
15
16 provides evidence of clinical competence in dentistry or dental
16
17 hygiene.
17
18 E. "Commissioner" means the individual appointed by a
18
19 Participating State to serve as the member of the Commission for
19
20 that Participating State.
20
21 F. "Compact" means this Dentist and Dental Hygienist Compact.
21
22 G. "Compact Privilege" means the authorization granted by a
22
23 Remote State to allow a Licensee from a Participating State to
23
24 practice as a Dentist or Dental Hygienist in a Remote State.
24
Req. No. 137 Page 4
1 H. "Continuing Professional Development" means a requirement,
1
2 as a condition of License renewal, to provide evidence of successful
2
3 participation in educational or professional activities relevant to
3
4 practice or area of work.
4
5 I. "Criminal Background Check" means the submission of
5
6 fingerprints or other biometric-based information for a License
6
7 applicant for the purpose of obtaining that applicant's criminal
7
8 history record information, as defined in 28 C.F.R., Section 20.3(d)
8
9 from the Federal Bureau of Investigation and the State's criminal
9
10 history record repository as defined in 28 C.F.R., Section 20.3(f).
10
11 J. "Data System" means the Commission's repository of
11
12 information about Licensees, including but not limited to
12
13 examination, licensure, investigative, Compact Privilege, Adverse
13
14 Action, and Alternative Program.
14
15 K. "Dental Hygienist" means an individual who is licensed by a
15
16 State Licensing Authority to practice dental hygiene.
16
17 L. "Dentist" means an individual who is licensed by a State
17
18 Licensing Authority to practice dentistry.
18
19 M. "Dentist and Dental Hygienist Compact Commission" or
19
20 "Commission" means a joint government agency established by this
20
21 Compact comprised of each State that has enacted the Compact and a
21
22 national administrative body comprised of a Commissioner from each
22
23 State that has enacted the Compact.
23
24
24
Req. No. 137 Page 5
1 N. "Encumbered License" means a License that a State Licensing
1
2 Authority has limited in any way other than through an Alternative
2
3 Program.
3
4 O. "Executive Board" means the Chair, Vice Chair, Secretary and
4
5 Treasurer and any other Commissioners as may be determined by
5
6 Commission Rule or bylaw.
6
7 P. "Jurisprudence Requirement" means the assessment of an
7
8 individual's knowledge of the laws and Rules governing the practice
8
9 of dentistry or dental hygiene, as applicable, in a State.
9
10 Q. "License" means current authorization by a State, other than
10
11 authorization pursuant to a Compact Privilege, or other privilege,
11
12 for an individual to practice as a Dentist or Dental Hygienist in
12
13 that State.
13
14 R. "Licensee" means an individual who holds an unrestricted
14
15 License from a Participating State to practice as a Dentist or
15
16 Dental Hygienist in that State.
16
17 S. "Model Compact" means the model for the Dentist and Dental
17
18 Hygienist Compact on file with the Council of State Governments or
18
19 other entity as designated by the Commission.
19
20 T. "Participating State" means a State that has enacted the
20
21 Compact and been admitted to the Commission in accordance with the
21
22 provisions herein and Commission Rules.
22
23
23
24
24
Req. No. 137 Page 6
1 U. "Qualifying License" means a License that is not an
1
2 Encumbered License issued by a Participating State to practice
2
3 dentistry or dental hygiene.
3
4 V. "Remote State" means a Participating State where a Licensee
4
5 who is not licensed as a Dentist or Dental Hygienist is exercising
5
6 or seeking to exercise the Compact Privilege.
6
7 W. "Rule" means a regulation promulgated by an entity that has
7
8 the force of law.
8
9 X. "Scope of Practice" means the procedures, actions, and
9
10 processes a Dentist or Dental Hygienist licensed in a State is
10
11 permitted to undertake in that State and the circumstances under
11
12 which the Licensee is permitted to undertake those procedures,
12
13 actions and processes. Such procedures, actions and processes and
13
14 the circumstances under which they may be undertaken may be
14
15 established through means, including, but not limited to, statute,
15
16 regulations, case law, and other processes available to the State
16
17 Licensing Authority or other government agency.
17
18 Y. "Significant Investigative Information" means information,
18
19 records, and documents received or generated by a State Licensing
19
20 Authority pursuant to an investigation for which a determination has
20
21 been made that there is probable cause to believe that the Licensee
21
22 has violated a statute or regulation that is considered more than a
22
23 minor infraction for which the State Licensing Authority could
23
24 pursue Adverse Action against the Licensee.
24
Req. No. 137 Page 7
1 Z. "State" means any state, commonwealth, district, or
1
2 territory of the United States of America that regulates the
2
3 practices of dentistry and dental hygiene.
3
4 AA. "State Licensing Authority" means an agency or other entity
4
5 of a State that is responsible for the licensing and regulation of
5
6 Dentists or Dental Hygienists.
6
7 SECTION 3: STATE PARTICIPATION IN THE COMPACT
7
8 A. In order to join the Compact and thereafter continue as a
8
9 Participating State, a State must:
9
10 1. Enact a compact that is not materially different from the
10
11 Model Compact as determined in accordance with Commission Rules;
11
12 2. Participate fully in the Commission's Data System;
12
13 3. Have a mechanism in place for receiving and investigating
13
14 complaints about its Licensees and License applicants;
14
15 4. Notify the Commission, in compliance with the terms of the
15
16 Compact and Commission Rules, of any Adverse Action or the
16
17 availability of Significant Investigative Information regarding a
17
18 Licensee and License applicant;
18
19 5. Fully implement a Criminal Background Check requirement,
19
20 within a time frame established by Commission Rule, by receiving the
20
21 results of a qualifying Criminal Background Check;
21
22 6. Comply with the Commission Rules applicable to a
22
23 Participating State;
23
24
24
Req. No. 137 Page 8
1 7. Accept the National Board Examinations of the Joint
1
2 Commission on National Dental Examinations or another examination
2
3 accepted by Commission Rule as a licensure examination;
3
4 8. Accept for licensure that applicants for a Dentist License
4
5 graduate from a predoctoral dental education program accredited by
5
6 the Commission on Dental Accreditation, or another accrediting
6
7 agency recognized by the United States Department of Education for
7
8 the accreditation of dentistry and dental hygiene education
8
9 programs, leading to the Doctor of Dental Surgery (D.D.S.) or Doctor
9
10 of Dental Medicine (D.M.D.) degree;
10
11 9. Accept for licensure that applicants for a Dental Hygienist
11
12 License graduate from a dental hygiene education program accredited
12
13 by the Commission on Dental Accreditation or another accrediting
13
14 agency recognized by the United States Department of Education for
14
15 the accreditation of dentistry and dental hygiene education
15
16 programs;
16
17 10. Require for licensure that applicants successfully complete
17
18 a Clinical Assessment;
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19 11. Have Continuing Professional Development requirements as a
19
20 condition for License renewal; and
20
21 12. Pay a participation fee to the Commission as established by
21
22 Commission Rule.
22
23
23
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24
Req. No. 137 Page 9
1 B. Providing alternative pathways for an individual to obtain
1
2 an unrestricted License does not disqualify a State from
2
3 participating in the Compact.
3
4 C. When conducting a Criminal Background Check the State
4
5 Licensing Authority shall:
5
6 1. Consider that information in making a licensure decision;
6
7 2. Maintain documentation of completion of the Criminal
7
8 Background Check and background check information to the extent
8
9 allowed by State and federal law; and
9
10 3. Report to the Commission whether it has completed the
10
11 Criminal Background Check and whether the individual was granted or
11
12 denied a License.
12
13 D. A Licensee of a Participating State who has a Qualifying
13
14 License in that State and does not hold an Encumbered License in any
14
15 other Participating State, shall be issued a Compact Privilege in a
15
16 Remote State in accordance with the terms of the Compact and
16
17 Commission Rules. If a Remote State has a Jurisprudence Requirement
17
18 a Compact Privilege will not be issued to the Licensee unless the
18
19 Licensee has satisfied the Jurisprudence Requirement.
19
20 SECTION 4: COMPACT PRIVILEGE
20
21 A. To obtain and exercise the Compact Privilege under the terms
21
22 and provisions of the Compact, the Licensee shall:
22
23 1. Have a Qualifying License as a Dentist or Dental Hygienist
23
24 in a Participating State;
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Req. No. 137 Page 10
1 2. Be eligible for a Compact Privilege in any Remote State in
1
2 accordance with subsections D, G and H of this section;
2
3 3. Submit to an application process whenever the Licensee is
3
4 seeking a Compact Privilege;
4
5 4. Pay any applicable Commission and Remote State fees for a
5
6 Compact Privilege in the Remote State;
6
7 5. Meet any Jurisprudence Requirement established by a Remote
7
8 State in which the Licensee is seeking a Compact Privilege;
8
9 6. Have passed a National Board Examination of the Joint
9
10 Commission on National Dental Examinations or another examination
10
11 accepted by Commission Rule;
11
12 7. For a Dentist, have graduated from a predoctoral dental
12
13 education program accredited by the Commission on Dental
13
14 Accreditation, or another accrediting agency recognized by the
14
15 United States Department of Education for the accreditation of
15
16 dentistry and dental hygiene education programs, leading to the
16
17 Doctor of Dental Surgery (D.D.S.) or Doctor of Dental Medicine
17
18 (D.M.D.) degree;
18
19 8. For a Dental Hygienist, have graduated from a dental hygiene
19
20 education program accredited by the Commission on Dental
20
21 Accreditation or another accrediting agency recognized by the United
21
22 States Department of Education for the accreditation of dentistry
22
23 and dental hygiene education programs;
23
24
24
Req. No. 137 Page 11
1 9. Have successfully completed a Clinical Assessment for
1
2 licensure;
2
3 10. Report to the Commission Adverse Action taken by any non-
3
4 Participating State when applying for a Compact Privilege and,
4
5 otherwise, within thirty (30) days from the date the Adverse Action
5
6 is taken;
6
7 11. Report to the Commission when applying for a Compact
7
8 Privilege the address of the Licensee's primary residence and
8
9 thereafter immediately report to the Commission any change in the
9
10 address of the Licensee's primary residence; and
10
11 12. Consent to accept service of process by mail at the
11
12 Licensee's primary residence on record with the Commission with
12
13 respect to any action brought against the Licensee by the Commission
13
14 or a Participating State, and consent to accept service of a
14
15 subpoena by mail at the Licensee's primary residence on record with
15
16 the Commission with respect to any action brought or investigation
16
17 conducted by the Commission or a Participating State.
17
18 B. The Licensee must comply with the requirements of subsection
18
19 A of this section to maintain the Compact Privilege in the Remote
19
20 State. If those requirements are met, the Compact Privilege will
20
21 continue as long as the Licensee maintains a Qualifying License in
21
22 the State through which the Licensee applied for the Compact
22
23 Privilege and pays any applicable Compact Privilege renewal fees.
23
24
24
Req. No. 137 Page 12
1 C. A Licensee providing dentistry or dental hygiene in a Remote
1
2 State under the Compact Privilege shall function within the Scope of
2
3 Practice authorized by the Remote State for a Dentist or Dental
3
4 Hygienist licensed in that State.
4
5 D. A Licensee providing dentistry or dental hygiene pursuant to
5
6 a Compact Privilege in a Remote State is subject to that State's
6
7 regulatory authority. A Remote State may, in accordance with due
7
8 process and that State's laws, by Adverse Action revoke or remove a
8
9 Licensee's Compact Privilege in the Remote State for a specific
9
10 period of time and impose fines or take any other necessary actions
10
11 to protect the health and safety of its citizens. If a Remote State
11
12 imposes an Adverse Action against a Compact Privilege that limits
12
13 the Compact Privilege, that Adverse Action applies to all Compact
13
14 Privileges in all Remote States. A Licensee whose Compact Privilege
14
15 in a Remote State is removed for a specified period of time is not
15
16 eligible for a Compact Privilege in any other Remote State until the
16
17 specific time for removal of the Compact Privilege has passed and
17
18 all encumbrance requirements are satisfied.
18
19 E. If a License in a Participating State is an Encumbered
19
20 License, the Licensee shall lose the Compact Privilege in a Remote
20
21 State and shall not be eligible for a Compact Privilege in any
21
22 Remote State until the License is no longer encumbered.
22
23 F. Once an Encumbered License in a Participating State is
23
24 restored to good standing, the Licensee must meet the requirements
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Req. No. 137 Page 13
1 of subsection A of this section to obtain a Compact Privilege in a
1
2 Remote State.
2
3 G. If a Licensee's Compact Privilege in a Remote State is
3
4 removed by the Remote State, the individual shall lose or be
4
5 ineligible for the Compact Privilege in any Remote State until the
5
6 following occur:
6
7 1. The specific period of time for which the Compact Privilege
7
8 was removed has ended; and
8
9 2. All conditions for removal of the Compact Privilege have
9
10 been satisfied.
10
11 H. Once the requirements of subsection G of this section have
11
12 been met, the Licensee must meet the requirements in subsection A of
12
13 this section to obtain a Compact Privilege in a Remote State.
13
14 SECTION 5: ACTIVE MILITARY MEMBER OR THEIR SPOUSES
14
15 An Active Military Member and their spouse shall not be required
15
16 to pay to the Commission for a Compact Privilege the fee otherwise
16
17 charged by the Commission. If a Remote State chooses to charge a
17
18 fee for a Compact Privilege, it may choose to charge a reduced fee
18
19 or no fee to an Active Military Member and their spouse for a
19
20 Compact Privilege.
20
21 SECTION 6: ADVERSE ACTIONS
21
22 A. A Participating State in which a Licensee is licensed shall
22
23 have exclusive authority to impose Adverse Action against the
23
24 Qualifying License issued by that Participating State.
24
Req. No. 137 Page 14
1 B. A Participating State may take Adverse Action based on the
1
2 Significant Investigative Information of a Remote State, so long as
2
3 the Participating State follows its own procedures for imposing
3
4 Adverse Action.
4
5 C. Nothing in this Compact shall override a Participating
5
6 State's decision that participation in an Alternative Program may be
6
7 used in lieu of Adverse Action and that such participation shall
7
8 remain non-public if required by the Participating State's laws.
8
9 Participating States must require Licensees who enter any
9
10 Alternative Program in lieu of discipline to agree not to practice
10
11 pursuant to a Compact Privilege in any other Participating State
11
12 during the term of the Alternative Program without prior
12
13 authorization from such other Participating State.
13
14 D. Any Participating State in which a Licensee is applying to
14
15 practice or is practicing pursuant to a Compact Privilege may
15
16 investigate actual or alleged violations of the statutes and
16
17 regulations authorizing the practice of dentistry or dental hygiene
17
18 in any other Participating State in which the Dentist or Dental
18
19 Hygienist holds a License or Compact Privilege.
19
20 E. A Remote State shall have the authority to:
20
21 1. Take Adverse Actions as set forth in Section 4.D against a
21
22 Licensee's Compact Privilege in the State;
22
23 2. In furtherance of its rights and responsibilities under the
23
24 Compact and the Commission's Rules, issue subpoenas for both
24
Req. No. 137 Page 15
1 hearings and investigations that require the attendance and
1
2 testimony of witnesses, and the production of evidence. Subpoenas
2
3 issued by a State Licensing Authority in a Participating State for
3
4 the attendance and testimony of witnesses, or the production of
4
5 evidence from another Participating State, shall be enforced in the
5
6 latter State by any court of competent jurisdiction, according to
6
7 the practice and procedure of that court applicable to subpoenas
7
8 issued in proceedings pending before it. The issuing authority
8
9 shall pay any witness fees, travel expenses, mileage, and other fees
9
10 required by the service statutes of the State where the witnesses or
10
11 evidence are located; and
11
12 3. If otherwise permitted by State law, recover from the
12
13 Licensee the costs of investigations and disposition of cases
13
14 resulting from any Adverse Action taken against that Licensee.
14
15 F. Joint Investigations.
15
16 1. In addition to the authority granted to a Participating
16
17 State by its Dentist or Dental Hygienist licensure act or other
17
18 applicable State law, a Participating State may jointly investigate
18
19 Licensees with other Participating States.
19
20 2. Participating States shall share any Significant
20
21 Investigative Information, litigation, or compliance materials in
21
22 furtherance of any joint or individual investigation initiated under
22
23 the Compact.
23
24 G. Authority to Continue Investigation.
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Req. No. 137 Page 16
1 1. After a Licensee's Compact Privilege in a Remote State is
1
2 terminated, the Remote State may continue an investigation of the
2
3 Licensee that began when the Licensee had a Compact Privilege in
3
4 that Remote State.
4
5 2. If the investigation yields what would be Significant
5
6 Investigative Information had the Licensee continued to have a
6
7 Compact Privilege in that Remote State, the Remote State shall
7
8 report the presence of such information to the Data System as
8
9 required by Section 8.B.6 as if it was Significant Investigative
9
10 Information.
10
11 SECTION 7: ESTABLISHMENT AND OPERATION OF THE COMMISSION
11
12 A. The Compact Participating States hereby create and establish
12
13 a joint government agency whose membership consists of all
13
14 Participating States that have enacted the Compact. The Commission
14
15 is an instrumentality of the Participating States acting jointly and
15
16 not an instrumentality of any one State. The Commission shall come
16
17 into existence on or after the effective date of the Compact as set
17
18 forth in Section 11.A.
18
19 B. Participation, Voting, and Meetings.
19
20 1. Each Participating State shall have and be limited to one
20
21 (1) Commissioner selected by that Participating State's State
21
22 Licensing Authority or, if the State has more than one State
22
23 Licensing Authority, selected collectively by the State Licensing
23
24 Authorities.
24
Req. No. 137 Page 17
1 2. The Commissioner shall be a member or designee of such
1
2 Authority or Authorities.
2
3 3. The Commission may by Rule or bylaw establish a term of
3
4 office for Commissioners and may by Rule or bylaw establish term
4
5 limits.
5
6 4. The Commission may recommend to a State Licensing Authority
6
7 or Authorities, as applicable, removal or suspension of an
7
8 individual as the State's Commissioner.
8
9 5. A Participating State's State Licensing Authority, or
9
10 Authorities, as applicable, shall fill any vacancy of its
10
11 Commissioner on the Commission within sixty (60) days of the
11
12 vacancy.
12
13 6. Each Commissioner shall be entitled to one vote on all
13
14 matters that are voted upon by the Commission.
14
15 7. The Commission shall meet at least once during each calendar
15
16 year. Additional meetings may be held as set forth in the bylaws.
16
17 The Commission may meet by telecommunication, video conference or
17
18 other similar electronic means.
18
19 C. The Commission shall have the following powers:
19
20 1. Establish the fiscal year of the Commission;
20
21 2. Establish a code of conduct and conflict of interest
21
22 policies;
22
23 3. Adopt Rules and bylaws;
23
24
24
Req. No. 137 Page 18
1 4. Maintain its financial records in accordance with the
1
2 bylaws;
2
3 5. Meet and take such actions as are consistent with the
3
4 provisions of this Compact, the Commission's Rules, and the bylaws;
4
5 6. Initiate and conclude legal proceedings or actions in the
5
6 name of the Commission, provided that the standing of any State
6
7 Licensing Authority to sue or be sued under applicable law shall not
7
8 be affected;
8
9 7. Maintain and certify records and information provided to a
9
10 Participating State as the authenticated business records of the
10
11 Commission, and designate a person to do so on the Commission's
11
12 behalf;
12
13 8. Purchase and maintain insurance and bonds;
13
14 9. Borrow, accept, or contract for services of personnel,
14
15 including, but not limited to, employees of a Participating State;
15
16 10. Conduct an annual financial review;
16
17 11. Hire employees, elect or appoint officers, fix
17
18 compensation, define duties, grant such individuals appropriate
18
19 authority to carry out the purposes of the Compact, and establish
19
20 the Commission's personnel policies and programs relating to
20
21 conflicts of interest, qualifications of personnel, and other
21
22 related personnel matters;
22
23 12. As set forth in the Commission Rules, charge a fee to a
23
24 Licensee for the grant of a Compact Privilege in a Remote State and
24
Req. No. 137 Page 19
1 thereafter, as may be established by Commission Rule, charge the
1
2 Licensee a Compact Privilege renewal fee for each renewal period in
2
3 which that Licensee exercises or intends to exercise the Compact
3
4 Privilege in that Remote State. Nothing herein shall be construed
4
5 to prevent a Remote State from charging a Licensee a fee for a
5
6 Compact Privilege or renewals of a Compact Privilege, or a fee for
6
7 the Jurisprudence Requirement if the Remote State imposes such a
7
8 requirement for the grant of a Compact Privilege;
8
9 13. Accept any and all appropriate gifts, donations, grants of
9
10 money, other sources of revenue, equipment, supplies, materials, and
10
11 services, and receive, utilize, and dispose of the same; provided
11
12 that at all times the Commission shall avoid any appearance of
12
13 impropriety and/or conflict of interest;
13
14 14. Lease, purchase, retain, own, hold, improve, or use any
14
15 property, real, personal, or mixed, or any undivided interest
15
16 therein;
16
17 15. Sell, convey, mortgage, pledge, lease, exchange, abandon,
17
18 or otherwise dispose of any property real, personal, or mixed;
18
19 16. Establish a budget and make expenditures;
19
20 17. Borrow money;
20
21 18. Appoint committees, including standing committees, which
21
22 may be composed of members, State regulators, State legislators or
22
23 their representatives, and consumer representatives, and such other
23
24
24
Req. No. 137 Page 20
1 interested persons as may be designated in this Compact and the
1
2 bylaws;
2
3 19. Provide and receive information from, and cooperate with,
3
4 law enforcement agencies;
4
5 20. Elect a Chair, Vice Chair, Secretary and Treasurer and such
5
6 other officers of the Commission as provided in the Commission's
6
7 bylaws;
7
8 21. Establish and elect an Executive Board;
8
9 22. Adopt and provide to the Participating States an annual
9
10 report;
10
11 23. Determine whether a State's enacted compact is materially
11
12 different from the Model Compact language such that the State would
12
13 not qualify for participation in the Compact; and
13
14 24. Perform such other functions as may be necessary or
14
15 appropriate to achieve the purposes of this Compact.
15
16 D. Meetings of the Commission.
16
17 1. All meetings of the Commission that are not closed pursuant
17
18 to this subsection shall be open to the public. Notice of public
18
19 meetings shall be posted on the Commission's website at least thirty
19
20 (30) days prior to the public meeting.
20
21 2. Notwithstanding subsection D.1 of this section, the
21
22 Commission may convene an emergency public meeting by providing at
22
23 least twenty-four (24) hours' prior notice on the Commission's
23
24 website, and any other means as provided in the Commission's Rules,
24
Req. No. 137 Page 21
1 for any of the reasons it may dispense with notice of proposed
1
2 rulemaking under Section 9.L. The Commission's legal counsel shall
2
3 certify that one of the reasons justifying an emergency public
3
4 meeting has been met.
4
5 3. Notice of all Commission meetings shall provide the time,
5
6 date, and location of the meeting, and if the meeting is to be held
6
7 or accessible via telecommunication, video conference, or other
7
8 electronic means, the notice shall include the mechanism for access
8
9 to the meeting through such means.
9
10 4. The Commission may convene in a closed, non-public meeting
10
11 for the Commission to receive legal advice or to discuss:
11
12 a. non-compliance of a Participating State with its
12
13 obligations under the Compact,
13
14 b. the employment, compensation, discipline or other
14
15 matters, practices or procedures related to specific
15
16 employees or other matters related to the Commission's
16
17 internal personnel practices and procedures,
17
18 c. current or threatened discipline of a Licensee or
18
19 Compact Privilege holder by the Commission or by a
19
20 Participating State's Licensing Authority,
20
21 d. current, threatened, or reasonably anticipated
21
22 litigation,
22
23 e. negotiation of contracts for the purchase, lease, or
23
24 sale of goods, services, or real estate,
24
Req. No. 137 Page 22
1 f. accusing any person of a crime or formally censuring
1
2 any person,
2
3 g. trade secrets or commercial or financial information
3
4 that is privileged or confidential,
4
5 h. information of a personal nature where disclosure
5
6 would constitute a clearly unwarranted invasion of
6
7 personal privacy,
7
8 i. investigative records compiled for law enforcement
8
9 purposes,
9
10 j. information related to any investigative reports
10
11 prepared by or on behalf of or for use of the
11
12 Commission or other committee charged with
12
13 responsibility of investigation or determination of
13
14 compliance issues pursuant to the Compact,
14
15 k. legal advice,
15
16 l. matters specifically exempted from disclosure to the
16
17 public by federal or Participating State law, and
17
18 m. other matters as promulgated by the Commission by
18
19 Rule.
19
20 5. If a meeting, or portion of a meeting, is closed, the
20
21 presiding officer shall state that the meeting will be closed and
21
22 reference each relevant exempting provision, and such reference
22
23 shall be recorded in the minutes.
23
24
24
Req. No. 137 Page 23
1 6. The Commission shall keep minutes that fully and clearly
1
2 describe all matters discussed in a meeting and shall provide a full
2
3 and accurate summary of actions taken, and the reasons therefore,
3
4 including a description of the views expressed. All documents
4
5 considered in connection with an action shall be identified in such
5
6 minutes. All minutes and documents of a closed meeting shall remain
6
7 under seal, subject to release only by a majority vote of the
7
8 Commission or order of a court of competent jurisdiction.
8
9 E. Financing of the Commission.
9
10 1. The Commission shall pay, or provide for the payment of, the
10
11 reasonable expenses of its establishment, organization, and ongoing
11
12 activities.
12
13 2. The Commission may accept any and all appropriate sources of
13
14 revenue, donations, and grants of money, equipment, supplies,
14
15 materials, and services.
15
16 3. The Commission may levy on and collect an annual assessment
16
17 from each Participating State and impose fees on Licensees of
17
18 Participating States when a Compact Privilege is granted, to cover
18
19 the cost of the operations and activities of the Commission and its
19
20 staff, which must be in a total amount sufficient to cover its
20
21 annual budget as approved each fiscal year for which sufficient
21
22 revenue is not provided by other sources. The aggregate annual
22
23 assessment amount for Participating States shall be allocated based
23
24 upon a formula that the Commission shall promulgate by Rule.
24
Req. No. 137 Page 24
1 4. The Commission shall not incur obligations of any kind prior
1
2 to securing the funds adequate to meet the same; nor shall the
2
3 Commission pledge the credit of any Participating State, except by
3
4 and with the authority of the Participating State.
4
5 5. The Commission shall keep accurate accounts of all receipts
5
6 and disbursements. The receipts and disbursements of the Commission
6
7 shall be subject to the financial review and accounting procedures
7
8 established under its bylaws. All receipts and disbursements of
8
9 funds handled by the Commission shall be subject to an annual
9
10 financial review by a certified or licensed public accountant, and
10
11 the report of the financial review shall be included in and become
11
12 part of the annual report of the Commission.
12
13 F. The Executive Board.
13
14 1. The Executive Board shall have the power to act on behalf of
14
15 the Commission according to the terms of this Compact. The powers,
15
16 duties, and responsibilities of the Executive Board shall include:
16
17 a. overseeing the day-to-day activities of the
17
18 administration of the Compact including compliance
18
19 with the provisions of the Compact, the Commission's
19
20 Rules and bylaws,
20
21 b. recommending to the Commission changes to the Rules or
21
22 bylaws, changes to this Compact legislation, fees
22
23 charged to Compact Participating States, fees charged
23
24 to Licensees, and other fees,
24
Req. No. 137 Page 25
1 c. ensuring Compact administration services are
1
2 appropriately provided, including by contract,
2
3 d. preparing and recommending the budget,
3
4 e. maintaining financial records on behalf of the
4
5 Commission,
5
6 f. monitoring Compact compliance of Participating States
6
7 and providing compliance reports to the Commission,
7
8 g. establishing additional committees as necessary,
8
9 h. exercising the powers and duties of the Commission
9
10 during the interim between Commission meetings, except
10
11 for adopting or amending Rules, adopting or amending
11
12 bylaws, and exercising any other powers and duties
12
13 expressly reserved to the Commission by Rule or bylaw,
13
14 and
14
15 i. other duties as provided in the Rules or bylaws of the
15
16 Commission.
16
17 2. The Executive Board shall be composed of up to seven (7)
17
18 members:
18
19 a. the Chair, Vice Chair, Secretary and Treasurer of the
19
20 Commission and any other members of the Commission who
20
21 serve on the Executive Board shall be voting members
21
22 of the Executive Board, and
22
23 b. other than the Chair, Vice Chair, Secretary, and
23
24 Treasurer, the Commission may elect up to three (3)
24
Req. No. 137 Page 26
1 voting members from the current membership of the
1
2 Commission.
2
3 3. The Commission may remove any member of the Executive Board
3
4 as provided in the Commission's bylaws.
4
5 4. The Executive Board shall meet at least annually.
5
6 a. An Executive Board meeting at which it takes or
6
7 intends to take formal action on a matter shall be
7
8 open to the public, except that the Executive Board
8
9 may meet in a closed, non-public session of a public
9
10 meeting when dealing with any of the matters covered
10
11 under subsection D.4 of this section.
11
12 b. The Executive Board shall give five (5) business days'
12
13 notice of its public meetings, posted on its website
13
14 and as it may otherwise determine to provide notice to
14
15 persons with an interest in the public matters the
15
16 Executive Board intends to address at those meetings.
16
17 5. The Executive Board may hold an emergency meeting when
17
18 acting for the Commission to:
18
19 a. meet an imminent threat to public health, safety, or
19
20 welfare,
20
21 b. prevent a loss of Commission or Participating State
21
22 funds, or
22
23 c. protect public health and safety.
23
24 G. Qualified Immunity, Defense, and Indemnification.
24
Req. No. 137 Page 27
1 1. The members, officers, executive director, employees and
1
2 representatives of the Commission shall be immune from suit and
2
3 liability, both personally and in their official capacity, for any
3
4 claim for damage to or loss of property or personal injury or other
4
5 civil liability caused by or arising out of any actual or alleged
5
6 act, error, or omission that occurred, or that the person against
6
7 whom the claim is made had a reasonable basis for believing occurred
7
8 within the scope of Commission employment, duties or
8
9 responsibilities; provided that nothing in this paragraph shall be
9
10 construed to protect any such person from suit or liability for any
10
11 damage, loss, injury, or liability caused by the intentional or
11
12 willful or wanton misconduct of that person. The procurement of
12
13 insurance of any type by the Commission shall not in any way
13
14 compromise or limit the immunity granted hereunder.
14
15 2. The Commission shall defend any member, officer, executive
15
16 director, employee, and representative of the Commission in any
16
17 civil action seeking to impose liability arising out of any actual
17
18 or alleged act, error, or omission that occurred within the scope of
18
19 Commission employment, duties, or responsibilities, or as determined
19
20 by the Commission that the person against whom the claim is made had
20
21 a reasonable basis for believing occurred within the scope of
21
22 Commission employment, duties, or responsibilities; provided that
22
23 nothing herein shall be construed to prohibit that person from
23
24 retaining their own counsel at their own expense; and provided
24
Req. No. 137 Page 28
1 further, that the actual or alleged act, error, or omission did not
1
2 result from that person's intentional or willful or wanton
2
3 misconduct.
3
4 3. Notwithstanding subsection G.1 of this section, should any
4
5 member, officer, executive director, employee, or representative of
5
6 the Commission be held liable for the amount of any settlement or
6
7 judgment arising out of any actual or alleged act, error, or
7
8 omission that occurred within the scope of that individual's
8
9 employment, duties, or responsibilities for the Commission, or that
9
10 the person to whom that individual is liable had a reasonable basis
10
11 for believing occurred within the scope of the individual's
11
12 employment, duties, or responsibilities for the Commission, the
12
13 Commission shall indemnify and hold harmless such individual,
13
14 provided that the actual or alleged act, error, or omission did not
14
15 result from the intentional or willful or wanton misconduct of the
15
16 individual.
16
17 4. Nothing herein shall be construed as a limitation on the
17
18 liability of any Licensee for professional malpractice or
18
19 misconduct, which shall be governed solely by any other applicable
19
20 State laws.
20
21 5. Nothing in this Compact shall be interpreted to waive or
21
22 otherwise abrogate a Participating State's state action immunity or
22
23 state action affirmative defense with respect to antitrust claims
23
24
24
Req. No. 137 Page 29
1 under the Sherman Act, Clayton Act, or any other State or federal
1
2 antitrust or anticompetitive law or regulation.
2
3 6. Nothing in this Compact shall be construed to be a waiver of
3
4 sovereign immunity by the Participating States or by the Commission.
4
5 SECTION 8: DATA SYSTEM
5
6 A. The Commission shall provide for the development,
6
7 maintenance, operation, and utilization of a coordinated database
7
8 and reporting system containing licensure, Adverse Action, and the
8
9 presence of Significant Investigative Information on all Licensees
9
10 and applicants for a License in Participating States.
10
11 B. Notwithstanding any other provision of State law to the
11
12 contrary, a Participating State shall submit a uniform data set to
12
13 the Data System on all individuals to whom this Compact is
13
14 applicable as required by the Rules of the Commission, including:
14
15 1. Identifying information;
15
16 2. Licensure data;
16
17 3. Adverse Actions against a Licensee, License applicant or
17
18 Compact Privilege and information related thereto;
18
19 4. Non-confidential information related to Alternative Program
19
20 participation, the beginning and ending dates of such participation,
20
21 and other information related to such participation;
21
22 5. Any denial of an application for licensure, and the
22
23 reason(s) for such denial (excluding the reporting of any criminal
23
24 history record information where prohibited by law);
24
Req. No. 137 Page 30
1 6. The presence of Significant Investigative Information; and
1
2 7. Other information that may facilitate the administration of
2
3 this Compact or the protection of the public, as determined by the
3
4 Rules of the Commission.
4
5 C. The records and information provided to a Participating
5
6 State pursuant to this Compact or through the Data System, when
6
7 certified by the Commission or an agent thereof, shall constitute
7
8 the authenticated business records of the Commission, and shall be
8
9 entitled to any associated hearsay exception in any relevant
9
10 judicial, quasi-judicial or administrative proceedings in a
10
11 Participating State.
11
12 D. Significant Investigative Information pertaining to a
12
13 Licensee in any Participating State will only be available to other
13
14 Participating States.
14
15 E. It is the responsibility of the Participating States to
15
16 monitor the database to determine whether Adverse Action has been
16
17 taken against a Licensee or License applicant. Adverse Action
17
18 information pertaining to a Licensee or License applicant in any
18
19 Participating State will be available to any other Participating
19
20 State.
20
21 F. Participating States contributing information to the Data
21
22 System may designate information that may not be shared with the
22
23 public without the express permission of the contributing State.
23
24
24
Req. No. 137 Page 31
1 G. Any information submitted to the Data System that is
1
2 subsequently expunged pursuant to federal law or the laws of the
2
3 Participating State contributing the information shall be removed
3
4 from the Data System.
4
5 SECTION 9: RULEMAKING
5
6 A. The Commission shall promulgate reasonable Rules in order to
6
7 effectively and efficiently implement and administer the purposes
7
8 and provisions of the Compact. A Commission Rule shall be invalid
8
9 and have no force or effect only if a court of competent
9
10 jurisdiction holds that the Rule is invalid because the Commission
10
11 exercised its rulemaking authority in a manner that is beyond the
11
12 scope and purposes of the Compact, or the powers granted hereunder,
12
13 or based upon another applicable standard of review.
13
14 B. The Rules of the Commission shall have the force of law in
14
15 each Participating State; provided, however, that where the Rules of
15
16 the Commission conflict with the laws of the Participating State
16
17 that establish the Participating State's Scope of Practice as held
17
18 by a court of competent jurisdiction, the Rules of the Commission
18
19 shall be ineffective in that State to the extent of the conflict.
19
20 C. The Commission shall exercise its Rulemaking powers pursuant
20
21 to the criteria set forth in this section and the Rules adopted
21
22 thereunder. Rules shall become binding as of the date specified by
22
23 the Commission for each Rule.
23
24
24
Req. No. 137 Page 32
1 D. If a majority of the legislatures of the Participating
1
2 States rejects a Commission Rule or portion of a Commission Rule, by
2
3 enactment of a statute or resolution in the same manner used to
3
4 adopt the Compact, within four (4) years of the date of adoption of
4
5 the Rule, then such Rule shall have no further force and effect in
5
6 any Participating State or to any State applying to participate in
6
7 the Compact.
7
8 E. Rules shall be adopted at a regular or special meeting of
8
9 the Commission.
9
10 F. Prior to adoption of a proposed Rule, the Commission shall
10
11 hold a public hearing and allow persons to provide oral and written
11
12 comments, data, facts, opinions, and arguments.
12
13 G. Prior to adoption of a proposed Rule by the Commission, and
13
14 at least thirty (30) days in advance of the meeting at which the
14
15 Commission will hold a public hearing on the proposed Rule, the
15
16 Commission shall provide a Notice of Proposed Rulemaking:
16
17 1. On the website of the Commission or other publicly
17
18 accessible platform;
18
19 2. To persons who have requested notice of the Commission's
19
20 notices of proposed rulemaking; and
20
21 3. In such other way(s) as the Commission may by Rule specify.
21
22 H. The Notice of Proposed Rulemaking shall include:
22
23 1. The time, date, and location of the public hearing at which
23
24 the Commission will hear public comments on the proposed Rule and,
24
Req. No. 137 Page 33
1 if different, the time, date, and location of the meeting where the
1
2 Commission will consider and vote on the proposed Rule;
2
3 2. If the hearing is held via telecommunication, video
3
4 conference, or other electronic means, the Commission shall include
4
5 the mechanism for access to the hearing in the Notice of Proposed
5
6 Rulemaking;
6
7 3. The text of the proposed Rule and the reason therefor;
7
8 4. A request for comments on the proposed Rule from any
8
9 interested person; and
9
10 5. The manner in which interested persons may submit written
10
11 comments.
11
12 I. All hearings will be recorded. A copy of the recording and
12
13 all written comments and documents received by the Commission in
13
14 response to the proposed Rule shall be available to the public.
14
15 J. Nothing in this section shall be construed as requiring a
15
16 separate hearing on each Commission Rule. Rules may be grouped for
16
17 the convenience of the Commission at hearings required by this
17
18 section.
18
19 K. The Commission shall, by majority vote of all Commissioners,
19
20 take final action on the proposed Rule based on the rulemaking
20
21 record.
21
22 1. The Commission may adopt changes to the proposed Rule
22
23 provided the changes do not enlarge the original purpose of the
23
24 proposed Rule.
24
Req. No. 137 Page 34
1 2. The Commission shall provide an explanation of the reasons
1
2 for substantive changes made to the proposed Rule as well as reasons
2
3 for substantive changes not made that were recommended by
3
4 commenters.
4
5 3. The Commission shall determine a reasonable effective date
5
6 for the Rule. Except for an emergency as provided in subsection L
6
7 of this section, the effective date of the Rule shall be no sooner
7
8 than thirty (30) days after the Commission issuing the notice that
8
9 it adopted or amended the Rule.
9
10 L. Upon determination that an emergency exists, the Commission
10
11 may consider and adopt an emergency Rule with twenty-four (24)
11
12 hours' notice, with opportunity to comment, provided that the usual
12
13 rulemaking procedures provided in the Compact and in this section
13
14 shall be retroactively applied to the Rule as soon as reasonably
14
15 possible, in no event later than ninety (90) days after the
15
16 effective date of the Rule. For the purposes of this provision, an
16
17 emergency Rule is one that must be adopted immediately in order to:
17
18 1. Meet an imminent threat to public health, safety, or
18
19 welfare;
19
20 2. Prevent a loss of Commission or Participating State funds;
20
21 3. Meet a deadline for the promulgation of a Rule that is
21
22 established by federal law or rule; or
22
23 4. Protect public health and safety.
23
24
24
Req. No. 137 Page 35
1 M. The Commission or an authorized committee of the Commission
1
2 may direct revisions to a previously adopted Rule for purposes of
2
3 correcting typographical errors, errors in format, errors in
3
4 consistency, or grammatical errors. Public notice of any revisions
4
5 shall be posted on the website of the Commission. The revision
5
6 shall be subject to challenge by any person for a period of thirty
6
7 (30) days after posting. The revision may be challenged only on
7
8 grounds that the revision results in a material change to a Rule. A
8
9 challenge shall be made in writing and delivered to the Commission
9
10 prior to the end of the notice period. If no challenge is made, the
10
11 revision will take effect without further action. If the revision
11
12 is challenged, the revision may not take effect without the approval
12
13 of the Commission.
13
14 N. No Participating State's rulemaking requirements shall apply
14
15 under this Compact.
15
16 SECTION 10: OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
16
17 A. Oversight.
17
18 1. The executive and judicial branches of State government in
18
19 each Participating State shall enforce this Compact and take all
19
20 actions necessary and appropriate to implement the Compact.
20
21 2. Venue is proper and judicial proceedings by or against the
21
22 Commission shall be brought solely and exclusively in a court of
22
23 competent jurisdiction where the principal office of the Commission
23
24 is located. The Commission may waive venue and jurisdictional
24
Req. No. 137 Page 36
1 defenses to the extent it adopts or consents to participate in
1
2 alternative dispute resolution proceedings. Nothing herein shall
2
3 affect or limit the selection or propriety of venue in any action
3
4 against a Licensee for professional malpractice, misconduct or any
4
5 such similar matter.
5
6 3. The Commission shall be entitled to receive service of
6
7 process in any proceeding regarding the enforcement or
7
8 interpretation of the Compact or Commission Rule and shall have
8
9 standing to intervene in such a proceeding for all purposes.
9
10 Failure to provide the Commission service of process shall render a
10
11 judgment or order void as to the Commission, this Compact, or
11
12 promulgated Rules.
12
13 B. Default, Technical Assistance, and Termination.
13
14 1. If the Commission determines that a Participating State has
14
15 defaulted in the performance of its obligations or responsibilities
15
16 under this Compact or the promulgated Rules, the Commission shall
16
17 provide written notice to the defaulting State. The notice of
17
18 default shall describe the default, the proposed means of curing the
18
19 default, and any other action that the Commission may take, and
19
20 shall offer training and specific technical assistance regarding the
20
21 default.
21
22 2. The Commission shall provide a copy of the notice of default
22
23 to the other Participating States.
23
24
24
Req. No. 137 Page 37
1 C. If a State in default fails to cure the default, the
1
2 defaulting State may be terminated from the Compact upon an
2
3 affirmative vote of a majority of the Commissioners, and all rights,
3
4 privileges and benefits conferred on that State by this Compact may
4
5 be terminated on the effective date of termination. A cure of the
5
6 default does not relieve the offending State of obligations or
6
7 liabilities incurred during the period of default.
7
8 D. Termination of participation in the Compact shall be imposed
8
9 only after all other means of securing compliance have been
9
10 exhausted. Notice of intent to suspend or terminate shall be given
10
11 by the Commission to the governor, the majority and minority leaders
11
12 of the defaulting State's legislature, the defaulting State's State
12
13 Licensing Authority or Authorities, as applicable, and each of the
13
14 Participating States' State Licensing Authority or Authorities, as
14
15 applicable.
15
16 E. A State that has been terminated is responsible for all
16
17 assessments, obligations, and liabilities incurred through the
17
18 effective date of termination, including obligations that extend
18
19 beyond the effective date of termination.
19
20 F. Upon the termination of a State's participation in this
20
21 Compact, that State shall immediately provide notice to all
21
22 Licensees of the State, including Licensees of other Participating
22
23 States issued a Compact Privilege to practice within that State, of
23
24 such termination. The terminated State shall continue to recognize
24
Req. No. 137 Page 38
1 all Compact Privileges then in effect in that State for a minimum of
1
2 one hundred eighty (180) days after the date of said notice of
2
3 termination.
3
4 G. The Commission shall not bear any costs related to a State
4
5 that is found to be in default or that has been terminated from the
5
6 Compact, unless agreed upon in writing between the Commission and
6
7 the defaulting State.
7
8 H. The defaulting State may appeal the action of the Commission
8
9 by petitioning the U.S. District Court for the District of Columbia
9
10 or the federal district where the Commission has its principal
10
11 offices. The prevailing party shall be awarded all costs of such
11
12 litigation, including reasonable attorney's fees.
12
13 I. Dispute Resolution.
13
14 1. Upon request by a Participating State, the Commission shall
14
15 attempt to resolve disputes related to the Compact that arise among
15
16 Participating States and between Participating States and non-
16
17 Participating States.
17
18 2. The Commission shall promulgate a Rule providing for both
18
19 mediation and binding dispute resolution for disputes as
19
20 appropriate.
20
21 J. Enforcement.
21
22 1. The Commission, in the reasonable exercise of its
22
23 discretion, shall enforce the provisions of this Compact and the
23
24 Commission's Rules.
24
Req. No. 137 Page 39
1 2. By majority vote, the Commission may initiate legal action
1
2 against a Participating State in default in the United States
2
3 District Court for the District of Columbia or the federal district
3
4 where the Commission has its principal offices to enforce compliance
4
5 with the provisions of the Compact and its promulgated Rules. The
5
6 relief sought may include both injunctive relief and damages. In
6
7 the event judicial enforcement is necessary, the prevailing party
7
8 shall be awarded all costs of such litigation, including reasonable
8
9 attorney's fees. The remedies herein shall not be the exclusive
9
10 remedies of the Commission. The Commission may pursue any other
10
11 remedies available under federal or the defaulting Participating
11
12 State's law.
12
13 3. A Participating State may initiate legal action against the
13
14 Commission in the U.S. District Court for the District of Columbia
14
15 or the federal district where the Commission has its principal
15
16 offices to enforce compliance with the provisions of the Compact and
16
17 its promulgated Rules. The relief sought may include both
17
18 injunctive relief and damages. In the event judicial enforcement is
18
19 necessary, the prevailing party shall be awarded all costs of such
19
20 litigation, including reasonable attorney's fees.
20
21 4. No individual or entity other than a Participating State may
21
22 enforce this Compact against the Commission.
22
23 SECTION 11: EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT
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Req. No. 137 Page 40
1 A. The Compact shall come into effect on the date on which the
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2 Compact statute is enacted into law in the seventh Participating
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3 State.
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4 1. On or after the effective date of the Compact, the
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5 Commission shall convene and review the enactment of each of the
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6 States that enacted the Compact prior to the Commission convening
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7 ("Charter Participating States") to determine if the statute enacted
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8 by each such Charter Participating State is materially different
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9 than the Model Compact.
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10 a. A Charter Participating State whose enactment is found
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11 to be materially different from the Model Compact
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12 shall be entitled to the default process set forth in
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13 Section 10.
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14 b. If any Participating State is later found to be in
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15 default, or is terminated or withdraws from the
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16 Compact, the Commission shall remain in existence and
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17 the Compact shall remain in effect even if the number
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18 of Participating States should be less than seven (7).
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19 2. Participating States enacting the Compact subsequent to the
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20 Charter Participating States shall be subject to the process set
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21 forth in Section 7.C.23 to determine if their enactments are
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22 materially different from the Model Compact and whether they qualify
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23 for participation in the Compact.
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1 3. All actions taken for the benefit of the Commission or in
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2 furtherance of the purposes of the administration of the Compact
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3 prior to the effective date of the Compact or the Commission coming
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4 into existence shall be considered to be actions of the Commission
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5 unless specifically repudiated by the Commission.
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6 4. Any State that joins the Compact subsequent to the
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7 Commission's initial adoption of the Rules and bylaws shall be
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8 subject to the Commission's Rules and bylaws as they exist on the
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9 date on which the Compact becomes law in that State. Any Rule that
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10 has been previously adopted by the Commission shall have the full
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11 force and effect of law on the day the Compact becomes law in that
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12 State.
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13 B. Any Participating State may withdraw from this Compact by
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14 enacting a statute repealing that State's enactment of the Compact.
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15 1. A Participating State's withdrawal shall not take effect
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16 until one hundred eighty (180) days after enactment of the repealing
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17 statute.
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18 2. Withdrawal shall not affect the continuing requirement of
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19 the withdrawing State's Licensing Authority or Authorities to comply
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20 with the investigative and Adverse Action reporting requirements of
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21 this Compact prior to the effective date of withdrawal.
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22 3. Upon the enactment of a statute withdrawing from this
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23 Compact, the State shall immediately provide notice of such
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24 withdrawal to all Licensees within that State. Notwithstanding any
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1 subsequent statutory enactment to the contrary, such withdrawing
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2 State shall continue to recognize all Compact Privileges to practice
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3 within that State granted pursuant to this Compact for a minimum of
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4 one hundred eighty (180) days after the date of such notice of
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5 withdrawal.
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6 C. Nothing contained in this Compact shall be construed to
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7 invalidate or prevent any licensure agreement or other cooperative
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8 arrangement between a Participating State and a non-Participating
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9 State that does not conflict with the provisions of this Compact.
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10 D. This Compact may be amended by the Participating States. No
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11 amendment to this Compact shall become effective and binding upon
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12 any Participating State until it is enacted into the laws of all
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13 Participating States.
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14 SECTION 12: CONSTRUCTION AND SEVERABILITY
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15 A. This Compact and the Commission's rulemaking authority shall
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16 be liberally construed so as to effectuate the purposes and the
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17 implementation and administration of the Compact. Provisions of the
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18 Compact expressly authorizing or requiring the promulgation of Rules
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19 shall not be construed to limit the Commission's rulemaking
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20 authority solely for those purposes.
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21 B. The provisions of this Compact shall be severable and if any
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22 phrase, clause, sentence or provision of this Compact is held by a
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23 court of competent jurisdiction to be contrary to the constitution
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24 of any Participating State, a State seeking participation in the
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Req. No. 137 Page 43
1 Compact, or of the United States, or the applicability thereof to
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2 any government, agency, person or circumstance is held to be
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3 unconstitutional by a court of competent jurisdiction, the validity
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4 of the remainder of this Compact and the applicability thereof to
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5 any other government, agency, person or circumstance shall not be
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6 affected thereby.
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7 C. Notwithstanding subsection B of this section, the Commission
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8 may deny a State's participation in the Compact or, in accordance
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9 with the requirements of Section 10.B, terminate a Participating
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10 State's participation in the Compact, if it determines that a
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11 constitutional requirement of a Participating State is a material
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12 departure from the Compact. Otherwise, if this Compact shall be
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13 held to be contrary to the constitution of any Participating State,
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14 the Compact shall remain in full force and effect as to the
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15 remaining Participating States and in full force and effect as to
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16 the Participating State affected as to all severable matters.
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17 SECTION 13: CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE
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18 LAWS
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19 A. Nothing herein shall prevent or inhibit the enforcement of
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20 any other law of a Participating State that is not inconsistent with
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21 the Compact.
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22 B. Any laws, statutes, regulations, or other legal requirements
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23 in a Participating State in conflict with the Compact are superseded
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24 to the extent of the conflict.
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1 C. All permissible agreements between the Commission and the
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2 Participating States are binding in accordance with their terms.
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3 SECTION 3. This act shall become effective November 1, 2025.
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5 60-1-137 DC 1/19/2025 5:38:18 AM
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Req. No. 137 Page 45Every fact on this page links to its source, starting with the official bill record.