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1 STATE OF OKLAHOMA
1
2 1st Session of the 60th Legislature (2025)
2
3 SENATE BILL 765 By: Gollihare
3
4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to dentists and dental hygienists;
7 providing purpose; defining terms; providing for
8 Compact Commission membership; providing duties for
8 Compact member states; providing the powers and
9 duties of the Compact Commission; providing the
9 application, eligibility, and issuance of the Compact
10 license privilege to a practice state; specifying
10 jurisdiction of Compact license privilege holders;
11 providing for fees and military waiver; providing for
11 joint investigations and disciplinary actions;
12 providing for request of information from nonmember
12 states; directing rulemaking functions of the Compact
13 Commission; providing for oversight of Compact;
13 providing for enforcement; providing for dispute
14 resolution; providing for withdrawal from the
14 Compact; providing for dissolution of the Compact;
15 providing for severability; providing for binding
15 effect of the Compact; providing rules of order;
16 providing for codification; and providing an
16 effective date.
17
17
18
18
19 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
19
20 SECTION 1. NEW LAW A new section of law to be codified
20
21 in the Oklahoma Statutes as Section 329.1 of Title 59, unless there
21
22 is created a duplication in numbering, reads as follows:
22
23 The Interstate Dental and Dental Hygiene Compact is hereby
23
24 enacted into law and the Governor shall enter into the Compact on
24
Req. No. 1200 Page 1
1 behalf of the State of Oklahoma with any jurisdiction legally joined
1
2 therein, in the form substantially as set forth in this act.
2
3 SECTION 2. NEW LAW A new section of law to be codified
3
4 in the Oklahoma Statutes as Section 329.2 of Title 59, unless there
4
5 is created a duplication in numbering, reads as follows:
5
6 INTERSTATE DENTAL AND DENTAL HYGIENE COMPACT
6
7 A. This Compact shall be known as the Interstate Dental and
7
8 Dental Hygiene Compact. The purpose of the Compact is to expedite
8
9 licensure and increase access to dental health care through state
9
10 licensing agencies acting in cooperation. The Compact adopts the
10
11 existing structures most utilized by state licensing agencies across
11
12 the United States, while ensuring the safety of the public through
12
13 the sharing of documents and information. The Compact ensures that
13
14 each state retains the right to impose an adverse action on a
14
15 licensee as a home state or as a practicing state. Each state has
15
16 an opportunity to share investigations and information with the home
16
17 state of licensure. The Compact is administered by state licensing
17
18 agencies, thus allowing for each state to maintain its sovereignty.
18
19 B. The Interstate Dental and Dental Hygiene Compact:
19
20 1. Allows for expedited licensure portability and ease of
20
21 movement between states;
21
22 2. Allows each state to continue to regulate the practice of
22
23 dentistry and dental hygiene within its borders and maintain its
23
24 sovereignty by allowing actions against a Compact license privilege
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Req. No. 1200 Page 2
1 or a licensee and maintaining its existing licensure structure while
1
2 allowing for Compact licensure privileges;
2
3 3. Creates a common goal of protecting the public by ensuring a
3
4 uniform licensure standard and the sharing of information in the
4
5 Compact;
5
6 4. Allows for licensure in every participating state by passing
6
7 a uniform licensure examination that tests psychomotor and cognitive
7
8 dental skills exam that is currently accepted in fifty state
8
9 licensing jurisdictions and United States territories;
9
10 5. Gives licensees one location to maintain professional
10
11 documentation to expedite Compact license privileges in member
11
12 states;
12
13 6. Facilitates a faster licensure process for relocation or
13
14 separation of military members and their dependent spouses. There
14
15 are no Compact fees for military members or their spouses;
15
16 7. Alleviates a duplicative process for licensure among
16
17 multiple states;
17
18 8. Saves applicants money by not having to obtain duplicate
18
19 documents from a source that charges for the documents; and
19
20 9. Utilizes existing infrastructure of the American Association
20
21 of Dental Boards, which has been in existence for over one hundred
21
22 (100) years representing dental licensing agencies.
22
23
23
24
24
Req. No. 1200 Page 3
1 SECTION 3. NEW LAW A new section of law to be codified
1
2 in the Oklahoma Statutes as Section 329.3 of Title 59, unless there
2
3 is created a duplication in numbering, reads as follows:
3
4 As used in this act:
4
5 1. "AADB" means the American Association of Dental Boards or
5
6 its named successor, formerly known as the American Association of
6
7 Dental Examiners (AADE), originally chartered on September 10, 1896,
7
8 and renewed in 1944, comprised of state dental licensing agencies in
8
9 the United States and its territories;
9
10 2. "Active-duty military member" means an individual in full-
10
11 time active-duty status in the active uniformed service of the
11
12 United States including members of the National Guard and Reserve.
12
13 The legal spouse of the military member must be recognized by the
13
14 military unit as a dependent while the service member is on active
14
15 duty. Spouses shall receive the same privileges as military members
15
16 for the purpose of this Compact;
16
17 3. "Active investigation" means an active investigation
17
18 resulting in formal allegations or charges precipitating a judicial
18
19 process by a licensing agency, oversight agency, or other law
19
20 enforcement entity;
20
21 4. "Adverse action" means an order issued by a state licensing
21
22 agency or reported to the clearinghouse pursuant to the Compact
22
23 bylaws and rules. The term includes, but is not limited to, a
23
24
24
Req. No. 1200 Page 4
1 temporary emergency or substantially equivalent action, even when
1
2 such order is later withdrawn by a licensing agency;
2
3 5. "ADEX examination" means the American Board of Dental
3
4 Examiners examination;
4
5 6. "Bylaws" means the bylaws passed by the Compact Commission;
5
6 7. "Clearinghouse" means the AADB clearinghouse and databank,
6
7 or its successor entity, that houses prior adverse actions, orders,
7
8 and denials of licensure or permits from state licensing agencies in
8
9 the United States and its territories;
9
10 8. "CODA" means the Commission on Dental Accreditation or its
10
11 successor as approved by the United States Department of Education;
11
12 9. "Compact" means the Interstate Dental and Dental Hygiene
12
13 Compact;
13
14 10. "Compact Commission" or "Commission" means the Interstate
14
15 Dental and Dental Hygiene Compact Commission created pursuant to
15
16 Section 4 of this Compact;
16
17 11. "Compact Commission Attorneys' Committee" means attorneys
17
18 that currently represent a state licensing agency. The Attorneys'
18
19 Committee participates in the commission as a nonvoting member. An
19
20 attorney that has previously served as an attorney for a state
20
21 licensing agency may be invited on a year-to-year basis to serve on
21
22 the committee if they have not engaged in an official case against a
22
23 licensing agency of a Compact member state or have any other
23
24 conflict of interest. The Attorneys' Committee may assist the
24
Req. No. 1200 Page 5
1 investigators in working through joint investigation issues between
1
2 states. The Attorneys' Committee shall prepare a summary of legal
2
3 issues directly dealing with the Compacts at the annual meeting as
3
4 well as a legal update for issues affecting member state licensing
4
5 agencies;
5
6 12. "Compact license privilege" means the expedited dental or
6
7 dental hygiene license to practice in a member state that differs
7
8 from the licensee's home state;
8
9 13. "Conviction" means an adjudication or formal judgment by a
9
10 court that an individual is guilty through a plea of guilty or no
10
11 contest, or a finding of guilt by the court. Evidence of a
11
12 conviction of a criminal offense by the court shall be considered
12
13 final for the purposes of disciplinary action by a licensing agency;
13
14 14. "Criminal background check" means a dentist or dental
14
15 hygienist seeking Compact license privileges shall complete and
15
16 provide a criminal background check, including the use of the
16
17 results of fingerprint or other biometric data checks compliant with
17
18 the requirements of the Federal Bureau of Investigation, with the
18
19 exception of federal employees who have suitability determination in
19
20 accordance with 5 C.F.R., Section 731.202;
20
21 15. "Dental hygienist" means any person who:
21
22 a. has successfully graduated from a CODA approved dental
22
23 hygiene school,
23
24
24
Req. No. 1200 Page 6
1 b. has successfully passed the American Board of Dental
1
2 Examiners (ADEX) licensure exam, or has been in
2
3 practice five (5) years or more and has successfully
3
4 passed a regional or equivalent state-administered
4
5 psychomotor licensure examination prior to January 1,
5
6 2024,
6
7 c. has successfully passed the written national dental
7
8 hygiene board examination administered by the Joint
8
9 Commission on National Dental Examinations,
9
10 d. possesses a full and unrestricted dental hygiene
10
11 license issued by a member state of the Compact,
11
12 e. has never been convicted, received adjudication,
12
13 deferred adjudication, community supervision, or
13
14 deferred disposition for any offense by a court of
14
15 appropriate jurisdiction,
15
16 f. has never been a subject of discipline by a licensing
16
17 agency through any adverse action, order, or other
17
18 restriction of the licensee by the licensing agency
18
19 with the exception of failure to pay fees or failure
19
20 to complete continuing education,
20
21 g. is not currently under active investigation by a
21
22 licensing agency or law enforcement authority in any
22
23 state, federal, or foreign jurisdiction, and
23
24
24
Req. No. 1200 Page 7
1 h. meets any jurisprudence requirement established by a
1
2 member state licensing agency in which a licensee is
2
3 seeking a Compact privilege expedited license;
3
4 16. "Dental Practice Act" means the laws and regulations
4
5 governing the practice of dentistry within a member state;
5
6 17. "Dentist" means any person who:
6
7 a. has successfully graduated from a CODA approved dental
7
8 school,
8
9 b. has successfully passed the American Board of Dental
9
10 Examiners (ADEX) licensure exam, or has been in
10
11 practice five (5) years or more and has successfully
11
12 passed a regional or equivalent state-administered
12
13 psychomotor licensure examination prior to January 1,
13
14 2024,
14
15 c. has successfully passed the written National Dental
15
16 Board Examination administered by the Joint Commission
16
17 on National Dental Examinations,
17
18 d. possesses a full and unrestricted dental license
18
19 issued by a member state licensing agency,
19
20 e. has never been convicted, received adjudication,
20
21 deferred adjudication, community supervision, or
21
22 deferred disposition for any offense by a court of
22
23 appropriate jurisdiction,
23
24
24
Req. No. 1200 Page 8
1 f. has never been a subject of discipline by a licensing
1
2 agency as determined by the Compact bylaws and rules,
2
3 through any adverse action, order, or other
3
4 restriction of the licensee by the licensing agency
4
5 with the exception of failure to pay fees or failure
5
6 to complete continuing education,
6
7 g. has never had a state or federal drug registration,
7
8 permit, or license restricted, suspended, or revoked
8
9 by the United States Drug Enforcement Administration
9
10 or any state agency that oversees controlled substance
10
11 registrations,
11
12 h. is not currently under active investigation by a
12
13 licensing agency or law enforcement authority in any
13
14 state, federal, or foreign jurisdiction, and
14
15 i. meets any jurisprudence requirement established by a
15
16 member state licensing agency in which a licensee is
16
17 seeking a Compact privilege expedited license;
17
18 18. "Home state" means the state of primary licensure. It is
18
19 the location of the practicing dentist or dental hygienist license
19
20 where Compact privileges originate and the licensee practices at
20
21 least twenty-five percent (25%) of the time within a calendar year.
21
22 The home state may take an action against a licensee regardless of
22
23 where an action against a licensee occurred;
23
24
24
Req. No. 1200 Page 9
1 19. "Licensing agency" means the agency, board, or other entity
1
2 of a state that is responsible for the licensing of dentists and
2
3 dental hygienists;
3
4 20. "Member state" means a state or United States territory
4
5 that has enacted the Compact;
5
6 21. "Regional board examination" means the Western Regional
6
7 Dental Board Examination (WREB), the North East Regional Board of
7
8 Dental Examiners (NERB), the Commission on Dental Competency
8
9 Assessments (CDCA), Council of AADB Compact Testing Agencies (CITA),
9
10 Southern Regional Testing Agency (SRTA), Central Regional Dental
10
11 Testing Services (CRDTS);
11
12 22. "Repository" means the AADB repository, or its successor
12
13 entity, of original documents of a licensee that may include
13
14 original transcripts, certification documents, test scores, military
14
15 training records, previous or current licensing documents, and other
15
16 sources of materials needed for applications and verification. The
16
17 repository shall receive documents from primary or originating
17
18 sources and verify their authenticity;
18
19 23. "Scope of practice" means the dental-related procedures
19
20 that require a license, permit, or training to undertake the
20
21 treatment and procedure to be completed on a patient within the
21
22 practice state's requirements;
22
23 24. "State" means a state within the United States or a United
23
24 States Territory; and
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Req. No. 1200 Page 10
1 25. "State jurisprudence" means the knowledge of the state laws
1
2 and rules of dentistry and dental hygiene in which a Compact license
2
3 privilege is extended.
3
4 SECTION 4. NEW LAW A new section of law to be codified
4
5 in the Oklahoma Statutes as Section 329.4 of Title 59, unless there
5
6 is created a duplication in numbering, reads as follows:
6
7 A. The member states hereby establish the Interstate Dental and
7
8 Dental Hygiene Compact. Each state shall enact the Compact in a
8
9 form that is not materially different from the model Compact as
9
10 determined by the Compact Commission.
10
11 B. Each member state shall have two voting members on the
11
12 Interstate Dental and Dental Hygiene Compact Commission, to be
12
13 appointed by the state licensing agency. Such members shall serve
13
14 as commissioners and have one vote each, cumulatively making up the
14
15 Compact Commission. Member states with separate licensing agencies
15
16 for dentists and dental hygienists shall appoint one commissioner
16
17 from each licensing agency. Commissioners may not delegate votes or
17
18 proxies; however, if a commissioner is unable to attend, the member
18
19 state may substitute a delegate that meets the same requirements.
19
20 C. Upon five states joining the Compact, the Compact shall
20
21 become active. The Compact Commission shall have the authority to
21
22 enact bylaws and rules on behalf of the Compact that shall have the
22
23 force of law in each participating state to carry out the provisions
23
24 of the Compact.
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Req. No. 1200 Page 11
1 D. The Interstate Dental and Dental Hygiene Compact shall be a
1
2 distinct, standalone entity; separate and apart from the American
2
3 Association of Dental Boards.
3
4 E. The Compact Commission shall meet at least once per calendar
4
5 year and additional times as necessary pursuant to the bylaws and
5
6 rules.
6
7 F. The Compact Commission shall elect officers from the
7
8 membership that shall serve as an Executive Committee. Elections
8
9 shall occur during the annual meeting. The quorum of commissioners
9
10 shall select an Executive Committee consisting of a chair, vice
10
11 chair, secretary, treasurer, and a representative from the north,
11
12 south, east, and west districts as divided pursuant to the Compact
12
13 rules. All officers shall serve one-year terms.
13
14 G. Quorum for purposes of conducting business shall be a
14
15 majority of Commission members attending in person or virtually.
15
16 H. The Commission shall provide notice of all meetings on its
16
17 website and in other communications to members.
17
18 I. A vote of two-thirds (2/3) of the membership shall be
18
19 required for an executive session to discuss:
19
20 1. Items specifically related to participation in a lawsuit or
20
21 in anticipation of a legal proceeding;
21
22 2. Matters specifically exempted from disclosure by federal
22
23 statute;
23
24
24
Req. No. 1200 Page 12
1 3. Discussions of investigative records of an active Compact
1
2 member investigation or investigative records for law enforcement or
2
3 discussions involving specifically accusing a person of a crime or a
3
4 public censure;
4
5 4. Discussions that would include information of a personal
5
6 nature that would constitute an unwarranted invasion of personal
6
7 privacy;
7
8 5. Anything considered internal practices and procedures or a
8
9 trade secret;
9
10 6. Other items in the Commission bylaws allowing for executive
10
11 sessions to be called; or
11
12 7. Advice of legal counsel.
12
13 J. The Commission shall keep minutes and make them available to
13
14 all member states.
14
15 K. The Commission may establish other committees as needed.
15
16 L. The Commission shall prepare an annual report that shall be
16
17 made available electronically to the legislatures and governors of
17
18 the member states concerning the activities of the Compact
18
19 Commission during the preceding calendar year. Such reports shall
19
20 also include reports of financial audits and any recommendations
20
21 that may have been adopted by the Compact Commission.
21
22 SECTION 5. NEW LAW A new section of law to be codified
22
23 in the Oklahoma Statutes as Section 329.5 of Title 59, unless there
23
24 is created a duplication in numbering, reads as follows:
24
Req. No. 1200 Page 13
1 A. Member states agree to submit member state licensing agency
1
2 actions and other documents and data as determined by the Compact
2
3 Commission through bylaws and rules.
3
4 B. Member states shall notify the Compact Commission pursuant
4
5 to the rules regarding any adverse action taken by the licensing
5
6 agency, any active investigation by the licensing agency, and any
6
7 active investigation involving pending criminal charges or other
7
8 circumstances as determined by the Compact Commission rules and
8
9 bylaws.
9
10 C. Any adverse action, order, restriction, or denial of a
10
11 license or permit on a licensee or permit holder shall be reported
11
12 to the Compact Commission clearinghouse by the member state
12
13 licensing agency.
13
14 D. Member state licensing agencies may submit nonpublic
14
15 complaints, disciplinary or investigatory information not required
15
16 by subsection C of this section to the clearinghouse. All
16
17 investigatory material shall be considered confidential and not part
17
18 of a public record unless otherwise specifically required by state
18
19 statute.
19
20 E. Member state licensing agencies shall accept continuing
20
21 education credits as required by each state including, but not
21
22 limited to, classes authorized by AADB Accredited Continuing
22
23 Education (ACE) program.
23
24
24
Req. No. 1200 Page 14
1 F. Documents in the Compact Commission repository shall be
1
2 treated by a member state as the equivalent of a primary or original
2
3 source document for licensure.
3
4 G. Member states agree to accept a standardized application for
4
5 Compact license privileges. The standardized application shall be
5
6 established by the rules enacted by the Compact Commission.
6
7 H. As part of the Compact enforcement, participating member
7
8 states issuing subpoenas and seeking testimony of witnesses shall be
8
9 enforced in other participating member states in the Compact and
9
10 shall be enforced by a court of competent jurisdiction where the
10
11 witnesses or evidence is located.
11
12 SECTION 6. NEW LAW A new section of law to be codified
12
13 in the Oklahoma Statutes as Section 329.6 of Title 59, unless there
13
14 is created a duplication in numbering, reads as follows:
14
15 A. The Compact Commission shall have the power and duty to:
15
16 1. Oversee and maintain the administration of the Compact
16
17 including the organizational needs, the financial activities, the
17
18 hiring of personnel, and the ongoing activities or needs of the
18
19 Compact Commission;
19
20 2. Promulgate bylaws and rules to operate the Compact;
20
21 3. Establish a budget and make expenditures;
21
22 4. Issue, upon the request of a member state licensing agency,
22
23 advisory opinions concerning the meaning or interpretation of the
23
24 Compact and its bylaws, rules, and actions;
24
Req. No. 1200 Page 15
1 5. Enforce compliance with Compact provisions, the rules
1
2 promulgated by the Compact Commission, and the bylaws using all
2
3 necessary and proper means including, but not limited to, the use of
3
4 judicial process;
4
5 6. Hold an annual meeting for the Compact Commission where the
5
6 elections of an Executive Committee and other issues may be
6
7 discussed and voted on;
7
8 7. Establish personnel policies and programs relating to
8
9 conflicts of interest, rates of compensation, and qualifications of
9
10 personnel;
10
11 8. Accept donations and grants of money, equipment, supplies,
11
12 materials, and services, and to receive, utilize, and dispose of
12
13 them in a manner consistent with the conflict-of-interest policies
13
14 established by the Compact Commission;
14
15 9. As required by Section 4(L) of this Compact, report annually
15
16 to the legislatures and governors of the member state licensing
16
17 agencies concerning the activities of the Compact Commission during
17
18 the preceding calendar year. Such reports shall also include
18
19 reports of financial audits and any recommendations that may have
19
20 been adopted by the Compact Commission; and
20
21 10. Coordinate education, training, and public awareness
21
22 regarding the Compact, its implementation, and its operation.
22
23 B. The Executive Committee shall have the power to act on
23
24 behalf of the Compact Commission with the exception of rulemaking
24
Req. No. 1200 Page 16
1 during periods when the Compact Commission is not in session. When
1
2 acting on behalf of the Compact Commission, the Executive Committee
2
3 shall oversee the administration of the Compact including
3
4 enforcement and compliance of the Compact.
4
5 C. The officers and employees of the Compact Commission shall
5
6 be immune from suit and liability, either personally or in their
6
7 official capacity, for a claim for damage to or loss of property or
7
8 personal injury or other civil liability caused or arising out of,
8
9 or relating to, an actual or alleged act, error, or omission that
9
10 occurred, or that such person had a reasonable basis for believing
10
11 occurred, within the scope of Compact Commission employment, duties,
11
12 or responsibilities; provided, such person shall not be protected
12
13 from suit or liability for damage, loss, injury, or liability caused
13
14 by the intentional or willful and wanton misconduct of such person.
14
15 D. The liability of the executive director and employees of the
15
16 Compact Commission or representatives of the Compact Commission,
16
17 acting within the scope of such person's employment or duties for
17
18 acts, errors, or omissions occurring within such person's state may
18
19 not exceed the limits of liability set forth under the constitution
19
20 and laws of that state for state officials, employees, and agents.
20
21 The Compact Commission is considered to be an instrumentality of the
21
22 states for the purposes of any such action. Nothing in this
22
23 subsection shall be construed to protect such person from suit or
23
24
24
Req. No. 1200 Page 17
1 liability for damage, loss, injury, or liability caused by the
1
2 intentional or willful and wanton misconduct of such person.
2
3 E. The Compact Commission shall defend the executive director,
3
4 its employees, and, subject to the approval of the attorney general
4
5 or other appropriate legal counsel of the member state represented
5
6 by a Compact Commission representative, shall defend such Compact
6
7 Commission representative in any civil action seeking to impose
7
8 liability arising out of an actual or alleged act, error, or
8
9 omission that occurred within the scope of Compact Commission
9
10 employment, duties, or responsibilities, or that the defendant had a
10
11 reasonable basis for believing occurred within the scope of Compact
11
12 Commission employment, duties, or responsibilities, provided that
12
13 the actual or alleged act, error, or omission did not result from
13
14 intentional or willful and wanton misconduct on the part of such
14
15 person.
15
16 F. To the extent not covered by the laws of any state involved,
16
17 a member state, the Compact Commission, or the representatives or
17
18 employees of the Compact Commission shall be held harmless in the
18
19 amount of a settlement or judgment, including attorney fees and
19
20 costs, obtained against such persons arising out of an actual or
20
21 alleged act, error, or omission that occurred within the scope of
21
22 Compact Commission employment, duties, or responsibilities, or that
22
23 such persons had a reasonable basis for believing occurred within
23
24 the scope of Compact Commission employment, duties, or
24
Req. No. 1200 Page 18
1 responsibilities, provided that the actual or alleged act, error, or
1
2 omission did not result from intentional or willful and wanton
2
3 misconduct on the part of such persons.
3
4 SECTION 7. NEW LAW A new section of law to be codified
4
5 in the Oklahoma Statutes as Section 329.7 of Title 59, unless there
5
6 is created a duplication in numbering, reads as follows:
6
7 A. A dentist or dental hygienist applying for Compact license
7
8 privileges shall meet the requirements established in applicable
8
9 definitions listed Section 3 of this Compact and hold a current
9
10 valid license in a member state under this Compact.
10
11 B. Notwithstanding any provision of this Compact or state law
11
12 to the contrary, each member state agrees to issue an expedited
12
13 state license within ten (10) days of a completed application
13
14 pursuant to 50 U.S.C., Section 4025(a) to an active duty military
14
15 member or spouse.
15
16 C. Each dentist or dental hygienist shall designate a home
16
17 state of licensure. The home state shall be determined by:
17
18 1. The state of primary residence for the dentist or dental
18
19 hygienist where twenty-five percent (25%) of his or her practice
19
20 within one (1) year occurs. An active-duty military member or his
20
21 or her spouse may choose a home state as designated with the
21
22 military but are not required to meet the twenty-five percent (25%)
22
23 practice within the home state requirement; or
23
24
24
Req. No. 1200 Page 19
1 2. If no state qualifies under paragraph 1 of this subsection,
1
2 then the state where the dentist or dental hygienist filed the
2
3 previous year federal tax return.
3
4 D. A dentist or dental hygienist may redesignate a home state
4
5 one time in a calendar year, if the qualifications of a home state
5
6 are met.
6
7 E. A dentist or dental hygienist seeking a Compact license
7
8 privilege shall apply to his or her home state for a letter stating
8
9 that he or she is eligible for Compact license privileges.
9
10 F. The home state shall determine the eligibility of the
10
11 applicant and shall issue a letter of approval or denial for the
11
12 Compact license privilege.
12
13 G. The letter shall be submitted to the proposed Compact
13
14 license state along with:
14
15 1. The completed Compact application packet;
15
16 2. Authorization to seek access to the licensee's repository
16
17 documents;
17
18 3. Any additional information as may be required by the
18
19 proposed Compact license state; and
19
20 4. Any required fees.
20
21 H. Upon approval from the home state, the Compact license state
21
22 shall issue a state Compact license privilege from the proposed
22
23 application state to the applicant.
23
24
24
Req. No. 1200 Page 20
1 I. Appeals on determination of eligibility shall be made to the
1
2 home state where the applicant was seeking privileges under a state
2
3 Compact license privilege and shall be subject to the law of that
3
4 state.
4
5 J. A person holding a Compact license privilege shall notify
5
6 the Compact Commission within ten (10) business days of any adverse
6
7 action taken against a license held in a non-Compact state.
7
8 K. A Compact license privilege may be revoked, suspended, or
8
9 limited by the issuing state licensing agency if at any time the
9
10 licensee's home state license is revoked, suspended, or limited.
10
11 L. The Compact Commission is authorized to develop rules
11
12 regarding the application and renewal process including payment of
12
13 any application fees, and the issuance of a Compact license
13
14 privilege.
14
15 M. Eligibility or ineligibility to receive a state Compact
15
16 license privilege shall not impact or prohibit an individual from
16
17 the ability to seek a state license through the regular process
17
18 outside of the Compact.
18
19 SECTION 8. NEW LAW A new section of law to be codified
19
20 in the Oklahoma Statutes as Section 329.8 of Title 59, unless there
20
21 is created a duplication in numbering, reads as follows:
21
22 A. Each dentist or dental hygienist holding a Compact license
22
23 privilege is required to reference the member state licensing
23
24 agency's statutes and rules to be aware of laws that apply to a
24
Req. No. 1200 Page 21
1 specific state in which they are practicing under a Compact license
1
2 privilege. Compact license scope and practice requirements shall
2
3 conform to the state jurisdiction in which the Compact license
3
4 privilege holder is practicing.
4
5 B. Each dentist or dental hygienist holding a Compact license
5
6 privilege shall list a current address with the Compact Commission
6
7 that shall serve as his or her official address of service.
7
8 C. A dentist or dental hygienist holding a Compact license
8
9 privilege may have an adverse action taken against him or her by
9
10 the:
10
11 1. Member state licensing agency in a state in which the
11
12 dentist or dental hygienist:
12
13 a. is practicing with a Compact license privilege, or
13
14 b. has requested or received a Compact license privilege
14
15 to practice; or
15
16 2. Compact licensee's home state.
16
17 D. Any state in which the Compact licensee holds a Compact
17
18 license privilege may investigate an allegation of a violation of
18
19 the statutes and rules of dentistry or dental hygiene in any other
19
20 state where the Compact licensee holds a Compact license privilege.
20
21 SECTION 9. NEW LAW A new section of law to be codified
21
22 in the Oklahoma Statutes as Section 329.9 of Title 59, unless there
22
23 is created a duplication in numbering, reads as follows:
23
24
24
Req. No. 1200 Page 22
1 A. The Compact Commission is authorized to develop rules
1
2 regarding fees for Compact licensees' use of the repository and
2
3 other provisions as determined by the Compact Commission.
3
4 B. A member state licensing agency issuing a Compact license
4
5 privilege authorizing practice in their state may impose a fee for a
5
6 Compact license privilege to be issued or renewed.
6
7 C. No Compact fee shall be required of each active-duty
7
8 military member or his or her spouse up to one (1) year after
8
9 completion of the military member's service. Each participating
9
10 state issuing a Compact license privilege may waive fees for active-
10
11 duty military and his or her spouse as required by each individual
11
12 state statute.
12
13 D. Active-duty military may transfer military training records
13
14 to the repository without a fee.
14
15 SECTION 10. NEW LAW A new section of law to be codified
15
16 in the Oklahoma Statutes as Section 329.10 of Title 59, unless there
16
17 is created a duplication in numbering, reads as follows:
17
18 A. Each state shall name a point of contact for joint
18
19 investigations between Compact member state licensing agencies.
19
20 B. In addition to the authority granted to a member state
20
21 licensing agency by the state law of their jurisdiction, member
21
22 state licensing agencies may participate with other member state
22
23 licensing agencies in joint investigations of licensees that fall
23
24 subject to this Compact.
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Req. No. 1200 Page 23
1 C. Member state licensing agencies may share investigative,
1
2 litigation, or other materials in furtherance of any joint or
2
3 individual investigation arising with a licensee who holds a Compact
3
4 license privilege within their jurisdiction.
4
5 D. A subpoena issued by a member state or member state
5
6 licensing agencies shall be enforceable in other member states as
6
7 allowed by law.
7
8 E. If a licensee has a disciplinary action taken by any member
8
9 state licensing agency against a licensee under the Compact, he or
9
10 she shall automatically be subject to discipline by other member
10
11 state licensing agencies.
11
12 F. If a licensee has an action taken against his or her home
12
13 state license including being revoked, surrendered, or relinquished
13
14 in lieu of discipline or suspension, then automatically all other
14
15 Compact license privileges shall be placed in the same status. The
15
16 home state shall notify the Compact Commission and the Compact
16
17 Commission shall issue a notice to all member state licensing
17
18 agencies that the licensee holding a Compact license privilege shall
18
19 suspend the Compact license privilege.
19
20 G. If discipline is taken against a licensee in an Compact
20
21 member state, the member state licensing agency shall notify the
21
22 Compact Commission and the home state of the licensee. The home
22
23 state may deem the action conclusive as a matter of law and fact
23
24 decided and:
24
Req. No. 1200 Page 24
1 1. Impose the same or lesser sanction consistent with the home
1
2 state practice act; or
2
3 2. Pursue separate actions against the licensee under its
3
4 practice act regardless of the sanctions pursued by the Compact
4
5 member state licensing agency.
5
6 SECTION 11. NEW LAW A new section of law to be codified
6
7 in the Oklahoma Statutes as Section 329.11 of Title 59, unless there
7
8 is created a duplication in numbering, reads as follows:
8
9 A. Insurance companies and entities verifying documents for the
9
10 purpose of licenses extended to a provider may seek information from
10
11 the Compact Commission clearinghouse for public record documents.
11
12 B. A dentist or dental hygienist, as defined by the bylaws and
12
13 rules, may submit a request to the Compact Commission to allow any
13
14 hiring employer, entity, or insurance company to access documents
14
15 from the repository for the purposes of credentialing, licensing, or
15
16 other privileges.
16
17 C. The Commission shall set a fee schedule for these services
17
18 in the bylaws and rules.
18
19 SECTION 12. NEW LAW A new section of law to be codified
19
20 in the Oklahoma Statutes as Section 329.12 of Title 59, unless there
20
21 is created a duplication in numbering, reads as follows:
21
22 A. The Compact Commission shall promulgate reasonable rules in
22
23 order to effectively and efficiently achieve the purposes of the
23
24 Compact. Notwithstanding the foregoing, in the event the Compact
24
Req. No. 1200 Page 25
1 Commission exercises its rulemaking authority in a manner that is
1
2 beyond the scope of the purposes of the Compact, or the powers
2
3 granted hereunder, then such an action by the Compact Commission may
3
4 be determined to be invalid and have no force or effect.
4
5 B. Rules deemed appropriate for the operations of the Compact
5
6 Commission shall be made pursuant to a rulemaking process that
6
7 substantially conforms to the Model State Administrative Procedure
7
8 Act of 2010, and subsequent amendments thereto.
8
9 SECTION 13. NEW LAW A new section of law to be codified
9
10 in the Oklahoma Statutes as Section 329.13 of Title 59, unless there
10
11 is created a duplication in numbering, reads as follows:
11
12 A. The executive, legislative, and judicial branches of state
12
13 government in each member state licensing agencies shall enforce the
13
14 Compact and shall take all actions necessary and appropriate to
14
15 effectuate the Compact's purposes and intent to allow for expedited
15
16 licensure for the purpose of mobility. The provisions of the
16
17 Compact and the rules promulgated hereunder shall have standing as
17
18 statutory law, but shall not override existing state authority to
18
19 regulate the practice of dentistry and dental hygiene.
19
20 B. All courts may take judicial notice of the Compact and the
20
21 rules in any judicial or administrative proceeding in a member state
21
22 pertaining to the subject matter of the Compact which may affect the
22
23 powers, responsibilities, or actions of the Compact Commission.
23
24
24
Req. No. 1200 Page 26
1 C. The Compact Commission shall be entitled to receive all
1
2 service of process in any such proceeding and shall have standing to
2
3 intervene in the proceeding for all purposes. Failure to provide
3
4 service of process to the Compact Commission shall render a judgment
4
5 or order void as to the Compact Commission, the Compact, or
5
6 promulgated rules.
6
7 SECTION 14. NEW LAW A new section of law to be codified
7
8 in the Oklahoma Statutes as Section 329.14 of Title 59, unless there
8
9 is created a duplication in numbering, reads as follows:
9
10 A. The Compact Commission, in the reasonable exercise of its
10
11 discretion, shall enforce the provisions and rules of the Compact.
11
12 B. The grounds for default include, but are not limited to,
12
13 failure of a member state to perform such obligations or
13
14 responsibilities imposed upon it by the Compact, or the rules and
14
15 bylaws of the Compact Commission promulgated under the Compact.
15
16 C. If the Compact Commission determines that a member state has
16
17 defaulted in the performance of its obligations or responsibilities
17
18 under the Compact, or the bylaws or promulgated rules, the Compact
18
19 Commission shall:
19
20 1. Provide written notice to the defaulting state and other
20
21 member states of the nature of the default, the means of curing the
21
22 default, and any action taken by the Compact Commission. The
22
23 Compact Commission shall specify the conditions by which the
23
24 defaulting state must cure its default; and
24
Req. No. 1200 Page 27
1 2. Provide remedial training and specific technical assistance
1
2 regarding the default.
2
3 D. If the defaulting state fails to cure the default, the
3
4 defaulting state shall be terminated from the Compact upon an
4
5 affirmative vote of a majority of the commissioners and all rights,
5
6 privileges, and benefits conferred by the Compact shall terminate on
6
7 the effective date of termination. A cure of the default does not
7
8 relieve the offending state of obligations or liabilities incurred
8
9 during the period of the default.
9
10 E. Termination of membership in the Compact shall be imposed
10
11 only after all other means of securing compliance have been
11
12 exhausted. Notice of intent to terminate shall be given by the
12
13 Compact Commission to the governor, the majority and minority
13
14 leaders of the defaulting state's legislature, and each of the
14
15 member states.
15
16 F. The Compact Commission shall establish rules and procedures
16
17 to address licenses and Compact license privilege holders that are
17
18 materially impacted by the termination of a member state or the
18
19 withdrawal of a member state.
19
20 G. The Compact Commission shall not bear any costs relating to
20
21 any state that has been found to be in default or which has been
21
22 terminated from the Compact, unless otherwise mutually agreed upon
22
23 in writing between the Compact Commission and the defaulting state.
23
24
24
Req. No. 1200 Page 28
1 H. The defaulting state may appeal the action of the Compact
1
2 Commission by petitioning the federal district where the Compact
2
3 Commission has its principal offices. The prevailing party shall be
3
4 awarded all costs of such litigation, including reasonable attorney
4
5 fees.
5
6 I. The Compact Commission shall not bear any costs relating to
6
7 any state that has been found to be in default or which has been
7
8 terminated from the Compact, unless otherwise mutually agreed upon
8
9 in writing between the Compact Commission and the defaulting state.
9
10 J. The remedies herein shall not be the exclusive remedies of
10
11 the Compact Commission. The Compact Commission may avail itself of
11
12 any other remedies available under state law or the regulation of a
12
13 profession.
13
14 SECTION 15. NEW LAW A new section of law to be codified
14
15 in the Oklahoma Statutes as Section 329.15 of Title 59, unless there
15
16 is created a duplication in numbering, reads as follows:
16
17 A. The Compact Commission shall attempt, upon the request of a
17
18 member state licensing agency, to resolve disputes which are subject
18
19 to the Compact and which may arise among member state licensing
19
20 agencies.
20
21 B. The Compact Commission shall promulgate rules providing for
21
22 both mediation and binding dispute resolution, as appropriate.
22
23
23
24
24
Req. No. 1200 Page 29
1 SECTION 16. NEW LAW A new section of law to be codified
1
2 in the Oklahoma Statutes as Section 329.16 of Title 59, unless there
2
3 is created a duplication in numbering, reads as follows:
3
4 A. Any state is eligible to become a member state of the
4
5 Compact.
5
6 B. The Compact shall become effective and binding upon
6
7 legislative enactment of the Compact into law by no less than five
7
8 states. Thereafter, it shall become effective and binding on a
8
9 state upon enactment of the Compact into law by that state.
9
10 C. The governors of nonmember states, or their designees, shall
10
11 be invited to participate in the activities of the Compact
11
12 Commission on a nonvoting basis prior to adoption of the Compact by
12
13 all states.
13
14 D. The Compact Commission may propose amendments to the Compact
14
15 for enactment by the member states. No amendment shall become
15
16 effective and binding upon the Compact Commission and the member
16
17 states unless and until it is enacted into law by unanimous consent
17
18 of the member states.
18
19 SECTION 17. NEW LAW A new section of law to be codified
19
20 in the Oklahoma Statutes as Section 329.17 of Title 59, unless there
20
21 is created a duplication in numbering, reads as follows:
21
22 A. Once effective, the Compact shall continue in force and
22
23 remain binding upon each and every member state; provided, that a
23
24 member state may withdraw from the Compact after giving appropriate
24
Req. No. 1200 Page 30
1 notice by specifically repealing the statute which enacted the
1
2 Compact into law.
2
3 B. Withdrawal from the Compact shall be by the enactment of a
3
4 statute repealing the same. The individual's Compact license
4
5 privilege shall remain in effect for six (6) months from the date of
5
6 the member state licensing agency's withdrawal.
6
7 C. The withdrawing state shall immediately notify the chair of
7
8 the Compact Commission in writing upon the introduction of
8
9 legislation repealing the Compact in the withdrawing state.
9
10 D. The Compact Commission shall notify the other member states
10
11 of the withdrawing state's intent to withdraw within sixty (60) days
11
12 of its receipt of notice provided under subsection C of this
12
13 section.
13
14 E. Reinstatement following withdrawal of a member state shall
14
15 occur upon the withdrawing state reenacting the Compact or upon such
15
16 later date as determined by the Compact Commission.
16
17 F. The Compact Commission is authorized to develop rules to
17
18 address the impact of the withdrawal of a member state on licenses
18
19 granted in other member states to dentists and dental hygienists who
19
20 designated the withdrawing member state as the state of principal
20
21 license.
21
22 SECTION 18. NEW LAW A new section of law to be codified
22
23 in the Oklahoma Statutes as Section 329.18 of Title 59, unless there
23
24 is created a duplication in numbering, reads as follows:
24
Req. No. 1200 Page 31
1 A. The Compact shall dissolve effective upon the date of the
1
2 withdrawal or default of the member state which reduces the
2
3 membership in the Compact to one member state.
3
4 B. Upon the dissolution of the Compact, the Compact becomes
4
5 null and void and shall be of no further force or effect, and the
5
6 business and affairs of the Compact Commission shall be concluded
6
7 and surplus funds shall be distributed in accordance with the
7
8 bylaws.
8
9 SECTION 19. NEW LAW A new section of law to be codified
9
10 in the Oklahoma Statutes as Section 329.19 of Title 59, unless there
10
11 is created a duplication in numbering, reads as follows:
11
12 A. The provisions of the Compact shall be severable, and if any
12
13 phrase, clause, sentence, or provision is deemed unenforceable, the
13
14 remaining provisions of the Compact shall be enforceable.
14
15 B. The provisions of the Compact shall be liberally construed
15
16 to effectuate its purposes.
16
17 SECTION 20. NEW LAW A new section of law to be codified
17
18 in the Oklahoma Statutes as Section 329.20 of Title 59, unless there
18
19 is created a duplication in numbering, reads as follows:
19
20 A. Nothing herein prevents the enforcement of any other law of
20
21 a member state that is not inconsistent with the Compact.
21
22 B. All lawful actions of the Compact Commission, including all
22
23 rules and bylaws promulgated by the Commission, are binding upon the
23
24 member states.
24
Req. No. 1200 Page 32
1 C. All agreements between the Compact Commission and the member
1
2 states are binding in accordance with their terms.
2
3 D. In the event any provision of the Compact exceeds the
3
4 constitutional limits imposed on the legislature of any member
4
5 state, such provision shall be ineffective to the extent of the
5
6 conflict with the constitutional provision in question in that
6
7 member state.
7
8 SECTION 21. NEW LAW A new section of law to be codified
8
9 in the Oklahoma Statutes as Section 329.21 of Title 59, unless there
9
10 is created a duplication in numbering, reads as follows:
10
11 The most current edition of the American Institute of
11
12 Parliamentarians Standard Code of Parliamentary Procedure governs
12
13 all meetings of the Compact Commission, including its committees, in
13
14 those situations not otherwise covered in the bylaws.
14
15 SECTION 22. This act shall become effective November 1, 2025.
15
16
16
17 60-1-1200 DC 1/19/2025 5:42:54 AM
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Req. No. 1200 Page 33Every fact on this page links to its source, starting with the official bill record.