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HB 44

New Mexico House•Introduced

Summary

HB 44, “Dental & Dental Hygienist Compact”, was introduced in the House on Jan 20, 2026 by Rep. Gail Armstrong (R) with 5 co-sponsors. It last saw action on Jan 20, 2026: Action Postponed Indefinitely.

Record

Text

HB 44 has 5 co-sponsors.

hb44/introduced.txt
                                1  HOUSE BILL 44
                                2     57TH LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 2026
                                3  INTRODUCED BY
                                4       Gail Armstrong and Nicole Chavez and Elaine Sena Cortez
                                5  and Catherine J. Cullen and Jenifer Jones
                                6
                                7
                                8
                                9
                                10  AN ACT
                                11   RELATING TO LICENSURE; ENACTING THE DENTIST AND DENTAL
                                12   HYGIENIST COMPACT; AMENDING THE DENTAL HEALTH CARE ACT TO
                                13   PROVIDE FOR STATE AND FEDERAL CRIMINAL HISTORY BACKGROUND
                                14   CHECKS.
                                15
                                16   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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                                17        SECTION 1.     [NEW MATERIAL] DENTIST AND DENTAL HYGIENIST
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                                18   COMPACT ENTERED INTO.--The "Dentist and Dental Hygienist
                                19   Compact" is entered into law and entered into with all other
                                20   jurisdictions legally joining therein in a form substantially
                                21   as follows:
                                22  "DENTIST AND DENTAL HYGIENIST COMPACT
                                23  SECTION 1 - Purpose
                                24        The purposes of this compact are to facilitate the
                                25   interstate practice of dentistry and dental hygiene and improve
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                                1    public access to dentistry and dental hygiene services by
                                2    providing dentists and dental hygienists licensed in a
                                3    participating state the ability to practice in participating
                                4    states in which they are not licensed.    The compact does this
                                5    by establishing a pathway for dentists and dental hygienists
                                6    licensed in a participating state to obtain a compact privilege
                                7    that authorizes them to practice in another participating state
                                8    in which they are not licensed.    The compact enables
                                9    participating states to protect the public health and safety
                                10   with respect to the practice of such dentists and dental
                                11   hygienists, through the state's authority to regulate the
                                12   practice of dentistry and dental hygiene in the state.       The
                                13   compact shall:
                                14  A.   enable dentists and dental hygienists who
                                15   qualify for a compact privilege to practice in other
                                16   participating states without satisfying burdensome and
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                                17   duplicative requirements associated with securing a license to
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                                18   practice in those states;
                                19  B.   promote mobility and address workforce shortages
                                20   through each participating state's acceptance of a compact
                                21   privilege to practice in that state;
                                22  C.   increase public access to qualified, licensed
                                23   dentists and dental hygienists by creating a responsible,
                                24   streamlined pathway for licensees to practice in participating
                                25   states;
                                     .233038.1
                                                                    - 2 -
                                1  D.   enhance the ability of participating states to
                                2    protect the public's health and safety;
                                3  E.   not interfere with licensure requirements
                                4    established by a participating state;
                                5  F.   facilitate the sharing of licensure and
                                6    disciplinary information among participating states;
                                7  G.   require dentists and dental hygienists who
                                8    practice in a participating state pursuant to a compact
                                9    privilege to practice within the scope of practice authorized
                                10   in that state;
                                11  H.   extend the authority of a participating state to
                                12   regulate the practice of dentistry and dental hygiene within
                                13   its borders to dentists and dental hygienists who practice in
                                14   the state through a compact privilege;
                                15  I.   promote the cooperation of a participating state
                                16   in regulating the practice of dentistry and dental hygiene
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                                17   within those states; and
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                                18  J.   facilitate the relocation of military members
                                19   and their spouses who are licensed to practice dentistry or
                                20   dental hygiene.
                                21  SECTION 2 - Definitions
                                22        As used in the Dentist and Dental Hygienist Compact,
                                23   unless the context requires otherwise, the following
                                24   definitions shall apply:
                                25  A.   "active military member" means any person with
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                                                                    - 3 -
                                1    full-time duty status in the armed forces of the United States,
                                2    including members of the national guard and reserve;
                                3  B.   "adverse action" means disciplinary action or
                                4    encumbrance imposed on a license or compact privilege by a
                                5    state licensing authority;
                                6  C.   "alternative program" means a non-disciplinary
                                7    monitoring or practice remediation process applicable to a
                                8    dentist or dental hygienist approved by a state licensing
                                9    authority of a participating state in which the dentist or
                                10   dental hygienist is licensed, including programs to which
                                11   licensees with substance abuse or addiction issues are referred
                                12   in lieu of adverse action;
                                13  D.   "clinical assessment" means an examination or a
                                14   process, required for licensure as a dentist or dental
                                15   hygienist as applicable, that provides evidence of clinical
                                16   competence in dentistry or dental hygiene;
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                                17  E.   "commissioner" means the individual appointed by
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                                18   a participating state to serve as the member of the commission
                                19   for that participating state;
                                20  F.   "compact" means the Dentist and Dental Hygienist
                                21   Compact;
                                22  G.   "compact privilege" means the authorization
                                23   granted by a remote state to allow a licensee from a
                                24   participating state to practice as a dentist or dental
                                25   hygienist in a remote state;
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                                1  H.   "continuing professional development" means a
                                2    requirement as a condition of license renewal to provide
                                3    evidence of successful participation in educational or
                                4    professional activities relevant to practice or area of work;
                                5  I.   "criminal background check" means the submission
                                6    of fingerprints or other biometric-based information for a
                                7    license applicant for the purpose of obtaining that applicant's
                                8    criminal history record information, as defined in 28 C.F.R.
                                9    Section 20.3(d), from the federal bureau of investigation and
                                10   the state's criminal history record repository as defined in 28
                                11   C.F.R. Section 20.3;
                                12  J.   "data system" means the commission's repository
                                13   of information about licensees, including examination,
                                14   licensure, investigative, compact privilege, adverse action and
                                15   alternative program;
                                16  K.   "dental hygienist" means an individual who is
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                                17   licensed by a state licensing authority to practice dental
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                                18   hygiene;
                                19  L.   "dentist" means an individual who is licensed by
                                20   a state licensing authority to practice dentistry;
                                21  M.   "dentist and dental hygienist compact
                                22   commission" or "commission" means a joint government agency
                                23   established by this compact comprised of each state that has
                                24   enacted the compact and a national administrative body
                                25   comprised of a commissioner from each state that has enacted
                                     .233038.1
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                                1    the compact;
                                2  N.   "encumbered license" means a license that a
                                3    state licensing authority has limited in any way other than
                                4    through an alternative program;
                                5  O.   "executive board" means the chair, vice chair,
                                6    secretary and treasurer and any other commissioners as may be
                                7    determined by commission rule or bylaw;
                                8  P.   "jurisprudence requirement" means the assessment
                                9    of an individual's knowledge of the laws and rules governing
                                10   the practice of dentistry or dental hygiene, as applicable, in
                                11   a state;
                                12  Q.   "license" means current authorization by a
                                13   state, other than authorization pursuant to a compact
                                14   privilege, or other privilege, for an individual to practice as
                                15   a dentist or dental hygienist in that state;
                                16  R.   "licensee" means an individual who holds an
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                                17   unrestricted license from a participating state to practice as
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                                18   a dentist or dental hygienist in that state;
                                19  S.   "model compact" means the model for the dentist
                                20   and dental hygienist compact on file with the council of state
                                21   governments or other entity as designated by the commission;
                                22  T.   "participating state" means a state that has
                                23   enacted the compact and been admitted to the commission in
                                24   accordance with the provisions herein and commission rules;
                                25  U.   "qualifying license" means a license that is not
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                                1    an encumbered license issued by a participating state to
                                2    practice dentistry or dental hygiene;
                                3  V.   "remote state" means a participating state where
                                4    a licensee who is not licensed as a dentist or dental hygienist
                                5    is exercising or seeking to exercise the compact privilege;
                                6  W.   "rule" means a regulation promulgated by an
                                7    entity that has the force of law;
                                8  X.   "scope of practice" means the procedures,
                                9    actions and processes a dentist or dental hygienist licensed in
                                10   a state is permitted to undertake in that state and the
                                11   circumstances under which the licensee is permitted to
                                12   undertake those procedures, actions and processes, which may be
                                13   established through means including statute, regulations, case
                                14   law and other processes available to the state licensing
                                15   authority or other government agency;
                                16  Y.   "significant investigative information" means
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                                17   information, records and documents received or generated by a
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                                18   state licensing authority pursuant to an investigation for
                                19   which a determination has been made that there is probable
                                20   cause to believe that the licensee has violated a statute or
                                21   regulation that is considered more than a minor infraction for
                                22   which the state licensing authority could pursue adverse action
                                23   against the licensee;
                                24  Z.   "state" means any state, commonwealth, district
                                25   or territory of the United States of America that regulates the
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                                1    practices of dentistry and dental hygiene; and
                                2  AA.    "state licensing authority" means an agency or
                                3    other entity of a state that is responsible for the licensing
                                4    and regulation of dentists or dental hygienists.
                                5  SECTION 3 - State Participation in the Compact
                                6  A.    In order to join the compact and thereafter
                                7    continue as a participating state, a state shall:
                                8  (1)   enact a compact that is not materially
                                9    different from the model compact as determined in accordance
                                10   with commission rules;
                                11  (2)   participate fully in the commission's data
                                12   system;
                                13  (3)   have a mechanism in place for receiving
                                14   and investigating complaints about its licensees and license
                                15   applicants;
                                16  (4)   notify the commission, in compliance with
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                                17   the terms of the compact and commission rules, of any adverse
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                                18   action or the availability of significant investigative
                                19   information regarding a licensee and license applicant;
                                20  (5)   fully implement a criminal background
                                21   check requirement, within a time frame established by
                                22   commission rule, by receiving the results of a qualifying
                                23   criminal background check;
                                24  (6)   comply with the commission rules
                                25   applicable to a participating state;
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                                1  (7)    accept the national board examinations of
                                2    the joint commission on national dental examinations or another
                                3    examination accepted by commission rule as a licensure
                                4    examination;
                                5  (8)    accept for licensure that applicants for a
                                6    dentist license graduate from a predoctoral dental education
                                7    program accredited by the commission on dental accreditation or
                                8    another accrediting agency recognized by the United States
                                9    department of education for the accreditation of dentistry and
                                10   dental hygiene education programs, leading to the doctor of
                                11   dental surgery or doctor of dental medicine degree;
                                12  (9)    accept for licensure that applicants for a
                                13   dental hygienist license graduate from a dental hygiene
                                14   education program accredited by the commission on dental
                                15   accreditation or another accrediting agency recognized by the
                                16   United States department of education for the accreditation of
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                                17   dentistry and dental hygiene education programs;
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                                18  (10)   require for licensure that applicants
                                19   successfully complete a clinical assessment;
                                20  (11)   have continuing professional development
                                21   requirements as a condition for license renewal; and
                                22  (12)   pay a participation fee for the
                                23   commission as established by commission rule.
                                24  B.   Providing alternative pathways for an individual
                                25   to obtain an unrestricted license does not disqualify a state
                                     .233038.1
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                                1    from participating in the compact.
                                2  C.   When conducting a criminal background check, the
                                3    state licensing authority shall:
                                4  (1)   consider that information in making a
                                5    licensure decision;
                                6  (2)   maintain documentation of completion of
                                7    the criminal background check and background check information
                                8    to the extent allowed by state and federal law; and
                                9  (3)   report to the commission whether it has
                                10   completed the criminal background check and whether the
                                11   individual was granted or denied a license.
                                12  D.   A licensee of a participating state who has a
                                13   qualifying license in that state and does not hold an encumbered
                                14   license in any other participating state shall be issued a
                                15   compact privilege in a remote state in accordance with the terms
                                16   of the compact and commission rules.    If a remote state has a
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                                17   jurisprudence requirement, a compact privilege will not be
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                                18   issued to the licensee unless the licensee has satisfied the
                                19   jurisprudence requirement.
                                20  SECTION 4 - Compact Privilege
                                21  A.   To obtain and exercise the compact privilege
                                22   under the terms and provisions of the compact, the licensee
                                23   shall:
                                24  (1)   have a qualifying license as a dentist or
                                25   dental hygienist in a participating state;
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                                1  (2)   be eligible for a compact privilege in any
                                2    remote state in accordance with Subsections D, G and H of this
                                3    section;
                                4  (3)   submit to an application process whenever
                                5    the licensee is seeking a compact privilege;
                                6  (4)   pay any applicable commission and remote
                                7    state fees for a compact privilege in the remote state;
                                8  (5)   meet any jurisprudence requirement
                                9    established by a remote state in which the licensee is seeking a
                                10   compact privilege;
                                11  (6)   have passed a national board examination
                                12   of the joint commission on national dental examinations or
                                13   another examination accepted by commission rule;
                                14  (7)   for a dentist, have graduated from a
                                15   predoctoral dental education program accredited by the
                                16   commission on dental accreditation, or another accrediting
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                                17   agency recognized by the United States department of education
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                                18   for the accreditation of dentistry and dental hygiene education
                                19   programs, leading to the doctor of dental surgery or doctor of
                                20   dental medicine degree;
                                21  (8)   for a dental hygienist, have graduated
                                22   from a dental hygiene education program accredited by the
                                23   commission on dental accreditation or another accrediting agency
                                24   recognized by the United States department of education for the
                                25   accreditation of dentistry and dental hygiene education
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                                1    programs;
                                2  (9)    have successfully completed a clinical
                                3    assessment for licensure;
                                4  (10)   report to the commission adverse action
                                5    taken by any non-participating state when applying for a compact
                                6    privilege and otherwise, within thirty days from the date the
                                7    adverse action is taken;
                                8  (11)   report to the commission when applying
                                9    for a compact privilege the address of the licensee's primary
                                10   residence and thereafter immediately report to the commission
                                11   any change in the address of the licensee's primary residence;
                                12   and
                                13  (12)   consent to accept service of process by
                                14   mail at the licensee's primary residence on record with the
                                15   commission with respect to any action brought against the
                                16   licensee by the commission or a participating state and consent
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                                17   to accept service of a subpoena by mail at the licensee's
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                                18   primary residence on record with the commission with respect to
                                19   any action brought or investigation conducted by the commission
                                20   or a participating state.
                                21  B.   The licensee shall comply with the requirements
                                22   of Subsection A of this section to maintain the compact
                                23   privilege in the remote state, and if those requirements are
                                24   met, the compact privilege shall continue as long as the
                                25   licensee maintains a qualifying license in the state through
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                                1    which the licensee applied for the compact privilege and pays
                                2    any applicable compact privilege renewal fees.
                                3  C.   A licensee providing dentistry or dental hygiene
                                4    in a remote state under the compact privilege shall function
                                5    within the scope of practice authorized by the remote state for
                                6    a dentist or dental hygienist licensed in that state.
                                7  D.   A licensee providing dentistry or dental hygiene
                                8    pursuant to a compact privilege in a remote state is subject to
                                9    that state's regulatory authority.       A remote state may, in
                                10   accordance with due process and that state's laws, by adverse
                                11   action revoke or remove a licensee's compact privilege in the
                                12   remote state for a specific period of time and impose fines or
                                13   take any other necessary actions to protect the health and
                                14   safety of its citizens.    If a remote state imposes an adverse
                                15   action against a compact privilege that limits the compact
                                16   privilege, that adverse action applies to all compact privileges
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                                17   in all remote states.     A licensee whose compact privilege in a
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                                18   remote state is removed for a specified period of time is not
                                19   eligible for a compact privilege in any other remote state until
                                20   the specific time for removal of the compact privilege has
                                21   passed and all encumbrance requirements are satisfied.
                                22  E.   If a license in a participating state is an
                                23   encumbered license, the licensee shall lose the compact
                                24   privilege in a remote state and shall not be eligible for a
                                25   compact privilege in any remote state until the license is no
                                     .233038.1
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                                1    longer encumbered.
                                2  F.    Once an encumbered license in a participating
                                3    state is restored to good standing, the licensee must meet the
                                4    requirements of Subsection A of this section to obtain a compact
                                5    privilege in a remote state.
                                6  G.    If a licensee's compact privilege in a remote
                                7    state is removed by the remote state, the individual shall lose
                                8    or be ineligible for the compact privilege in any remote state
                                9    until the following occur:
                                10  (1)   the specific period of time for which the
                                11   compact privilege was removed has ended; and
                                12  (2)   all conditions for removal of the compact
                                13   privilege have been satisfied.
                                14  H.    Once the requirements of Subsection G of this
                                15   section have been met, the licensee must meet the requirements
                                16   in Subsection A of this section to obtain a compact privilege in
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                                17   a remote state.
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                                18        SECTION 5 - Active Military Member or Military Spouse
                                19        An active military member and the spouse of an active
                                20   military member shall not be required to pay to the commission
                                21   for a compact privilege the fee otherwise charged by the
                                22   commission.       If a remote state chooses to charge a fee for a
                                23   compact privilege, it may choose to charge a reduced fee or no
                                24   fee to an active military member and their spouse for a compact
                                25   privilege.
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                                1  SECTION 6 - Adverse Actions
                                2  A.   A participating state in which a licensee is
                                3    licensed shall have exclusive authority to impose adverse action
                                4    against the qualifying license issued by that participating
                                5    state.
                                6  B.   A participating state may take adverse action
                                7    based on the significant investigative information of a remote
                                8    state, so long as the participating state follows its own
                                9    procedures for imposing adverse action.
                                10  C.   Nothing in this compact shall override a
                                11   participating state's decision that participation in an
                                12   alternative program may be used in lieu of adverse action and
                                13   that such participation shall remain nonpublic if required by
                                14   the participating state's laws.    Participating states must
                                15   require licensees who enter any alternative program in lieu of
                                16   discipline to agree not to practice pursuant to a compact
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                                17   privilege in any other participating state during the term of
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                                18   the alternative program without prior authorization from such
                                19   other participating state.
                                20  D.   Any participating state in which a licensee is
                                21   applying to practice or is practicing pursuant to a compact
                                22   privilege may investigate actual or alleged violations of the
                                23   statutes and regulations authorizing the practice of dentistry
                                24   or dental hygiene in any other participating state in which the
                                25   dentist or dental hygienist holds a license or compact
                                     .233038.1
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                                1    privilege.
                                2  E.   A remote state shall have the authority to take
                                3    adverse actions as set forth in Subsection D of Section 4 of
                                4    this compact against a licensee's compact privilege in the
                                5    state.
                                6  F.   In furtherance of its rights and responsibilities
                                7    under the compact and the commission's rules, issue subpoenas
                                8    for both hearings and investigations that require the attendance
                                9    and testimony of witnesses and the production of evidence.
                                10   Subpoenas issued by a state licensing authority in a
                                11   participating state for the attendance and testimony of
                                12   witnesses, or the production of evidence from another
                                13   participating state, shall be enforced in the latter state by
                                14   any court of competent jurisdiction, according to the practice
                                15   and procedure of that court applicable to subpoenas issued in
                                16   proceedings pending before it.     The issuing authority shall pay
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                                17   any witness fees, travel expenses, mileage and other fees
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                                18   required by the service statutes of the state where the
                                19   witnesses or evidence are located.
                                20  G.   If otherwise permitted by state law, recover from
                                21   the licensee the costs of investigations and disposition of
                                22   cases resulting from any adverse action taken against that
                                23   licensee.
                                24  H.   The following conditions shall apply to joint
                                25   investigations:
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                                1  (1)   in addition to the authority granted to a
                                2    participating state by its dentist or dental hygienist licensure
                                3    act or other applicable state law, a participating state may
                                4    jointly investigate licensees with other participating states;
                                5    and
                                6  (2)   participating states shall share any
                                7    significant investigative information, litigation, or compliance
                                8    materials in furtherance of any joint or individual
                                9    investigation initiated under the compact.
                                10  I.   The following conditions shall apply to the
                                11   authority to continue an investigation:
                                12  (1)   after a licensee's compact privilege in a
                                13   remote state is terminated, the remote state may continue an
                                14   investigation of the licensee that began when the licensee had a
                                15   compact privilege in that remote state; and
                                16  (2)   if the investigation yields what would be
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                                17   significant investigative information had the licensee continued
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                                18   to have a compact privilege in that remote state, the remote
                                19   state shall report the presence of such information to the data
                                20   system as required by Paragraph (6) of Subsection B of Section 8
                                21   of this compact as if it was significant investigative
                                22   information.
                                23  SECTION 7 - Establishment and Operation of the Commission
                                24  A.   The compact participating states hereby create
                                25   and establish a joint government agency whose membership
                                     .233038.1
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                                1    consists of all participating states that have enacted the
                                2    compact.    The commission is an instrumentality of the
                                3    participating states acting jointly and not an instrumentality
                                4    of any one state.    The commission shall come into existence on
                                5    or after the effective date of the compact as set forth in
                                6    Subsection A of Section 11 of this compact.
                                7  B.   The following conditions shall apply to
                                8    participation, voting and meetings:
                                9  (1)   each participating state shall have and be
                                10   limited to one commissioner selected by that participating
                                11   state's state licensing authority or, if the state has more than
                                12   one state licensing authority, selected collectively by the
                                13   state licensing authorities;
                                14  (2)   the commissioner shall be a member or
                                15   designee of such authority or authorities;
                                16  (3)   the commission may by rule or bylaw
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                                17   establish a term of office for commissioners and by rule or
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                                18   bylaw establish term limits;
                                19  (4)   the commission may recommend to a state
                                20   licensing authority or authorities, as applicable, removal or
                                21   suspension of an individual as the state's commissioner;
                                22  (5)   a participating state's state licensing
                                23   authority or authorities, as applicable, shall fill any vacancy
                                24   of its commissioner on the commission within sixty days of the
                                25   vacancy;
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                                1  (6)   each commissioner shall be entitled to one
                                2    vote on all matters that are voted upon by the commission; and
                                3  (7)   the commission shall meet at least once
                                4    during each calendar year.
                                5  C.   The commission shall have the following powers:
                                6  (1)   establish the fiscal year of the
                                7    commission;
                                8  (2)   establish a code of conduct and conflict
                                9    of interest policies;
                                10  (3)   adopt rules and bylaws;
                                11  (4)   maintain its financial records in
                                12   accordance with the bylaws;
                                13  (5)   meet and take such actions as are
                                14   consistent with the provisions of this compact, the commission's
                                15   rules and the bylaws;
                                16  (6)   initiate and conclude legal proceedings or
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                                17   actions in the name of the commission; provided that the
underscored material = new
                                18   standing of any state licensing authority to sue or be sued
                                19   under applicable law shall not be affected;
                                20  (7)   maintain and certify records and
                                21   information provided to a participating state as the
                                22   authenticated business records of the commission and designate a
                                23   person to do so on the commission's behalf;
                                24  (8)   purchase and maintain insurance and bonds;
                                25  (9)   borrow, accept or contract for services of
                                     .233038.1
                                                                    - 19 -
                                1    personnel, including employees of a participating state;
                                2  (10)   conduct an annual financial review;
                                3  (11)   hire employees, elect or appoint
                                4    officers, fix compensation, define duties, grant such
                                5    individuals appropriate authority to carry out the purposes of
                                6    the compact and establish the commission's personnel policies
                                7    and programs relating to conflicts of interest, qualifications
                                8    of personnel and other related personnel matters;
                                9  (12)   as set forth in commission rules, charge
                                10   a fee to a licensee for the grant of a compact privilege in a
                                11   remote state, and thereafter, charge the licensee a compact
                                12   privilege renewal fee for each renewal period in which that
                                13   licensee exercises or intends to exercise the compact privilege
                                14   in that remote state; provided that nothing herein shall be
                                15   construed to prevent a remote state from charging a licensee a
                                16   fee for a compact privilege or renewals of a compact privilege
[bracketed material] = delete
                                17   or a fee for the jurisprudence requirement if the remote state
underscored material = new
                                18   imposes such a requirement for the grant of a compact privilege;
                                19  (13)   accept any and all appropriate gifts,
                                20   donations, grants of money, other sources of revenue, equipment,
                                21   supplies, materials and services; and receive, utilize and
                                22   dispose of the same; provided that at all times the commission
                                23   shall avoid any appearance of impropriety or conflict of
                                24   interest;
                                25  (14)   lease, purchase, retain, own, hold,
                                     .233038.1
                                                                  - 20 -
                                1    improve or use any property, real, personal or mixed or any
                                2    undivided interest therein;
                                3  (15)   sell, convey, mortgage, pledge, lease,
                                4    exchange, abandon or otherwise dispose of any property, real,
                                5    personal or mixed;
                                6  (16)   establish a budget and make expenditures;
                                7  (17)   borrow money;
                                8  (18)   appoint committees, including standing
                                9    committees, which may be composed of members, state regulators,
                                10   state legislators or their representatives, consumer
                                11   representatives and such other interested persons as may be
                                12   designated in this compact and the bylaws;
                                13  (19)   provide and receive information from, and
                                14   cooperate with, law enforcement agencies;
                                15  (20)   elect a chair, vice chair, secretary and
                                16   treasurer and such other officers of the commission as provided
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                                17   in the commission's bylaws;
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                                18  (21)   establish and elect an executive board;
                                19  (22)   adopt and provide to the participating
                                20   states an annual report;
                                21  (23)   determine whether a state's enacted
                                22   compact is materially different from the model compact language
                                23   such that the state would not qualify for participation in the
                                24   compact; and
                                25  (24)   perform such other functions as may be
                                     .233038.1
                                                                   - 21 -
                                1    necessary or appropriate to achieve the purposes of this
                                2    compact.
                                3  D.   The following conditions apply to meetings of the
                                4    commission:
                                5  (1)   all meetings that are not closed pursuant
                                6    to this subsection shall be open to the public, and notice of
                                7    public meetings shall be posted on the commission's website at
                                8    least thirty days prior to the public meeting;
                                9  (2)   notwithstanding Paragraph (1) of this
                                10   subsection, the commission may convene an emergency public
                                11   meeting by providing at least twenty-four hours prior notice on
                                12   the commission's website or any other means pursuant to the
                                13   commission's rules; provided that the commission's legal counsel
                                14   certify the that the emergency public meeting was called for a
                                15   permissible reason for which it may dispense with notice of
                                16   proposed rulemaking under Subsection H of Section 9 of this
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                                17   compact;
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                                18  (3)   notice of all commission meetings shall
                                19   provide the time, date and location of the meeting, and if the
                                20   meeting is to be held or accessible via telecommunication, video
                                21   conference or other electronic means, the notice shall include
                                22   the mechanism for access to the meeting through such means; and
                                23  (4)   a closed, nonpublic meeting may be held
                                24   for the commission to receive legal advice or to discuss matters
                                25   including:
                                     .233038.1
                                                                     - 22 -
                                1  (a)   noncompliance of a participating
                                2    state with its obligations under the compact;
                                3  (b)   the employment, compensation,
                                4    discipline or other matters, practices or procedures related to
                                5    specific employees or other matters related to the commission's
                                6    internal personnel practices and procedures;
                                7  (c)   current or threatened discipline of a
                                8    licensee or compact privilege holder by the commission or by a
                                9    participating state's licensing authority;
                                10  (d)   current, threatened or reasonably
                                11   anticipated litigation;
                                12  (e)   negotiation of contracts for the
                                13   purchase, lease or sale of goods, services or real estate;
                                14  (f)   accusations that any person has
                                15   committed a crime or the formal censure of any person;
                                16  (g)   trade secrets or commercial or
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                                17   financial information that is privileged or confidential;
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                                18  (h)   information of a personal nature
                                19   where disclosure would constitute a clearly unwarranted invasion
                                20   of personal privacy;
                                21  (i)   investigative records compiled for
                                22   law enforcement purposes;
                                23  (j)   information related to any
                                24   investigative reports prepared by or on behalf of or for use of
                                25   the commission or other committee charged with responsibility of
                                     .233038.1
                                                                    - 23 -
                                1    investigation or determination of compliance issues pursuant to
                                2    the compact;
                                3  (k)   legal advice;
                                4  (l)   matters specifically exempted from
                                5    disclosure to the public by federal or participating state law;
                                6    and
                                7  (m)   other matters as promulgated by the
                                8    commission by rule.
                                9  E.   If a meeting, or portion of a meeting, is closed,
                                10   the presiding officer shall state that the meeting will be
                                11   closed and make reference to each relevant exempting provision,
                                12   and such reference shall be recorded in the minutes.
                                13  F.   The commission shall keep minutes that fully and
                                14   clearly describe all matters discussed in a meeting and provide
                                15   a full and accurate summary of actions taken and the reasons
                                16   therefore, including a description of the views expressed, and
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                                17   all documents considered in connection with an action shall be
underscored material = new
                                18   identified in such minutes and the minutes and documents of a
                                19   closed meeting shall remain under seal, subject to release only
                                20   by a majority vote of the commission or order of a court of
                                21   competent jurisdiction.
                                22  G.   The financing of the commission shall be carried
                                23   out as follows.    The commission:
                                24  (1)   shall pay, or provide for the payment of,
                                25   the reasonable expenses of its establishment, organization and
                                     .233038.1
                                                                     - 24 -
                                1    ongoing activities;
                                2  (2)   may accept any and all appropriate sources
                                3    of revenue, donations and grants of money, equipment, supplies,
                                4    materials and services;
                                5  (3)   may levy on and collect an annual
                                6    assessment from each participating state and impose fees on
                                7    licensees of participating states when a compact privilege is
                                8    granted, to cover the cost of the operations and activities of
                                9    the commission and its staff, which must be in a total amount
                                10   sufficient to cover its annual budget as approved each
                                11   fiscal year for which sufficient revenue is not provided by
                                12   other sources with the aggregate annual assessment amount for
                                13   participating states allocated based upon a formula that the
                                14   commission shall promulgate by rule;
                                15  (4)   shall not incur obligations of any kind
                                16   prior to securing the funds adequate to meet the same nor pledge
[bracketed material] = delete
                                17   the credit of any participating state, except by and with the
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                                18   authority of the participating state; and
                                19  (5)   shall keep accurate accounts of all
                                20   receipts and disbursements, subject to the financial review and
                                21   accounting procedures established under its bylaws and subject
                                22   to an annual financial review by a certified or licensed public
                                23   accountant, the report of which shall be included in the annual
                                24   report of the commission.
                                25  H.   The executive board shall have the power to act
                                     .233038.1
                                                                    - 25 -
                                1    on behalf of the commission according to the terms of this
                                2    compact.     The powers, duties and responsibilities of the
                                3    executive board shall include:
                                4  (1)   overseeing the day-to-day activities of
                                5    the administration of the compact, including compliance with the
                                6    provisions of the compact and the commission's rules and bylaws;
                                7  (2)   recommending to the commission changes to
                                8    the rules or bylaws, changes to this compact legislation, fees
                                9    charged to compact participating states, fees charged licensees
                                10   and other fees;
                                11  (3)   ensuring compact administration services
                                12   are appropriately provided, including by contract;
                                13  (4)   preparing and recommending the budget;
                                14  (5)   maintaining financial records on behalf of
                                15   the commission;
                                16  (6)   monitoring compact compliance of
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                                17   participating states and providing compliance reports to the
underscored material = new
                                18   commission;
                                19  (7)   establishing additional committees as
                                20   necessary;
                                21  (8)   exercising the powers and duties of the
                                22   commission during the interim between commission meetings,
                                23   except for adopting or amending rules, adopting or amending
                                24   bylaws and exercising any other powers and duties expressly
                                25   reserved to the commission by rule or bylaw; and
                                     .233038.1
                                                                     - 26 -
                                1  (9)   other duties as provided in the rules or
                                2    bylaws of the commission.
                                3  I.   The executive board of the commission shall be
                                4    composed of up to seven voting members, including:
                                5  (1)   the chair, vice chair, secretary and
                                6    treasurer; and
                                7  (2)   up to three additional members who may be
                                8    elected by the commission from the current membership of the
                                9    commission.
                                10  J.   The executive board of the commission may remove
                                11   any member of the executive board as provided in the
                                12   commission's bylaws.
                                13  K.   The executive board of the commission shall meet
                                14   at least annually and ensure that:
                                15  (1)   meetings at which the executive board of
                                16   the commission takes or intends to take formal action on a
[bracketed material] = delete
                                17   matter be open to the public, except when dealing with any of
underscored material = new
                                18   the matters covered under Paragraph (4) of Subsection D of this
                                19   section; and
                                20  (2)   five business days' notice of public
                                21   meetings are provided, by posting notice on its website and as
                                22   it may otherwise determine to provide notice to persons with an
                                23   interest in the public matters the executive board intends to
                                24   address at those meetings.
                                25  L.   The executive board of the commission may hold an
                                     .233038.1
                                                                    - 27 -
                                1    emergency meeting when acting for the commission to:
                                2  (1)   meet an imminent threat to public health,
                                3    safety or welfare;
                                4  (2)   prevent a loss of commission or
                                5    participating state funds; or
                                6  (3)   protect public health and safety.
                                7  M.   The members, officers, executive director,
                                8    employees and representatives of the commission shall be immune
                                9    from suit and liability, both personally and in their official
                                10   capacity, for any claim for damage to or loss of property or
                                11   personal injury or other civil liability caused by or arising
                                12   out of any actual or alleged act, error or omission that
                                13   occurred, or that the person against whom the claim is made had
                                14   a reasonable basis for believing occurred within the scope of
                                15   commission employment, duties or responsibilities; provided that
                                16   nothing in this subsection shall be construed to protect any
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                                17   such person from suit or liability for any damage, loss, injury
underscored material = new
                                18   or liability caused by the intentional or willful or wanton
                                19   misconduct of that person; and provided further that the
                                20   procurement of insurance of any type by the commission shall not
                                21   compromise or limit the immunity granted by this subsection.
                                22  N.   The commission shall defend any member, officer,
                                23   executive director, employee or representative of the commission
                                24   in any civil action seeking to impose liability arising out of
                                25   any actual or alleged act, error or omission that occurred
                                     .233038.1
                                                                     - 28 -
                                1    within the scope of commission employment, duties or
                                2    responsibilities, or as determined by the commission that the
                                3    person against whom the claim is made had a reasonable basis for
                                4    believing occurred within the scope of commission employment,
                                5    duties or responsibilities; provided that nothing herein shall
                                6    be construed to prohibit that person from retaining that
                                7    person's own counsel; and provided further that the actual or
                                8    alleged act, error or omission did not result from that person's
                                9    intentional or willful or wanton misconduct.
                                10  O.   Notwithstanding the provisions of Subsection M of
                                11   this section, should any member, officer, executive director,
                                12   employee or representative of the commission be held liable for
                                13   the amount of any settlement or judgment arising out of any
                                14   actual or alleged act, error or omission that occurred within
                                15   the scope of that individual's employment, duties or
                                16   responsibilities for the commission, or that the person to whom
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                                17   that individual is liable had a reasonable basis for believing
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                                18   occurred within the scope of the individual's employment, duties
                                19   or responsibilities for the commission, the commission shall
                                20   indemnify and hold harmless such individual; provided that the
                                21   actual or alleged act, error or omission did not result from the
                                22   intentional or willful or wanton misconduct of the individual.
                                23  P.   Nothing in this compact shall be:
                                24  (1)   construed as a limitation on the liability
                                25   of any licensee for professional malpractice or misconduct,
                                     .233038.1
                                                                    - 29 -
                                1    which shall be governed solely by any other applicable state
                                2    laws;
                                3  (2)   interpreted to waive or otherwise abrogate
                                4    a participating state's state action immunity or state action
                                5    affirmative defense with respect to antitrust claims under the
                                6    federal Sherman Act, the federal Clayton Act (Antitrust) or any
                                7    other state or federal antitrust or anticompetitive law or
                                8    regulation; and
                                9  (3)   construed to be a waiver of sovereign
                                10   immunity by the participating states or by the commission.
                                11  SECTION 8 - Data System
                                12  A.   The commission shall provide for the development,
                                13   maintenance, operation and utilization of a coordinated database
                                14   and reporting system containing licensure, adverse action and
                                15   significant investigative information on all licensees and
                                16   applicants for a license in participating states.
[bracketed material] = delete
                                17  B.   Notwithstanding any other provision of state law
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                                18   to the contrary, a participating state shall submit a uniform
                                19   data set to the data system on all individuals to whom this
                                20   compact is applicable as required by the rules of the
                                21   commission, including:
                                22  (1)   identifying information;
                                23  (2)   licensure data;
                                24  (3)   adverse actions against a licensee,
                                25   license applicant or compact privilege and information related
                                     .233038.1
                                                                     - 30 -
                                1    thereto;
                                2  (4)   non-confidential information related to
                                3    alternative program participation, the beginning and ending
                                4    dates of such participation and other information related to
                                5    such participation;
                                6  (5)   any denial of an application for licensure
                                7    and the reasons for such denial, excluding the reporting of any
                                8    criminal history record information where prohibited by law;
                                9  (6)   the presence of significant investigative
                                10   information; and
                                11  (7)   other information that may facilitate the
                                12   administration of this compact or the protection of the public,
                                13   as determined by the rules of the commission.
                                14  C.   The records and information provided to a
                                15   participating state pursuant to this compact or through the data
                                16   system, when certified by the commission or an agent thereof,
[bracketed material] = delete
                                17   shall constitute the authenticated business records of the
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                                18   commission and shall be entitled to any associated hearsay
                                19   exception in any relevant judicial, quasi-judicial or
                                20   administrative proceedings in a participating state.
                                21  D.   Significant investigative information pertaining
                                22   to a licensee in any participating state will only be available
                                23   to other participating states.
                                24  E.   It is the responsibility of the participating
                                25   states to monitor the database to determine whether adverse
                                     .233038.1
                                                                     - 31 -
                                1    action has been taken against a licensee or license applicant.
                                2    Adverse action information pertaining to a licensee or license
                                3    applicant in any participating state will be available to any
                                4    other participating state.
                                5  F.   Participating states contributing information to
                                6    the data system may designate information that may not be shared
                                7    with the public without the express permission of the
                                8    contributing state.
                                9  G.   Any information submitted to the data system that
                                10   is subsequently expunged pursuant to federal law or the laws of
                                11   the participating state contributing the information shall be
                                12   removed from the data system.
                                13  SECTION 9 - Rulemaking
                                14  A.   The commission shall promulgate reasonable rules
                                15   in order to effectively and efficiently implement and administer
                                16   the purposes and provisions of the compact.     A commission rule
[bracketed material] = delete
                                17   shall be invalid and have no force or effect only if a court of
underscored material = new
                                18   competent jurisdiction holds that the rule is invalid because
                                19   the commission exercised its rulemaking authority in a manner
                                20   that is beyond the scope and purposes of the compact, or the
                                21   powers granted hereunder or based upon another applicable
                                22   standard of review.
                                23  B.   The rules of the commission shall have the force
                                24   of law in each participating state; provided, however, that
                                25   where the rules of the commission conflict with the laws of the
                                     .233038.1
                                                                     - 32 -
                                1    participating state that establish the participating state's
                                2    scope of practice as held by a court of competent jurisdiction,
                                3    the rules of the commission shall be ineffective in that state
                                4    to the extent of the conflict.
                                5  C.   The commission shall exercise its rulemaking
                                6    powers pursuant to the criteria set forth in this section and
                                7    the rules adopted thereunder.     Rules shall become binding as of
                                8    the date specified by the commission for each rule.
                                9  D.   If a majority of the legislatures of the
                                10   participating states rejects a commission rule or portion of a
                                11   commission rule, by enactment of a statute or resolution in the
                                12   same manner used to adopt the compact, within four years of the
                                13   date of adoption of the rule, then such rule shall have no
                                14   further force and effect in any participating state or to any
                                15   state applying to participate in the compact.
                                16  E.   Rules shall be adopted at a regular or special
[bracketed material] = delete
                                17   meeting of the commission.
underscored material = new
                                18  F.   Prior to adoption of a proposed rule, the
                                19   commission shall hold a public hearing and allow persons to
                                20   provide oral and written comments, data, facts, opinions and
                                21   arguments.
                                22  G.   Prior to adoption of a proposed rule by the
                                23   commission, and at least thirty days in advance of the meeting
                                24   at which the commission will hold a public hearing on the
                                25   proposed rule, the commission shall provide a notice of proposed
                                     .233038.1
                                                                     - 33 -
                                1    rulemaking:
                                2  (1)   on the website of the commission or other
                                3    publicly accessible platform;
                                4  (2)   to persons who have requested notice of
                                5    the commission's notices of proposed rulemaking; and
                                6  (3)   in such other ways as the commission may
                                7    by rule specify.
                                8  H.   The notice of proposed rulemaking shall include:
                                9  (1)   the time, date and location of the public
                                10   hearing at which the commission will hear public comments on the
                                11   proposed rule and, if different, the time, date and location of
                                12   the meeting where the commission will consider and vote on the
                                13   proposed rule;
                                14  (2)   if the hearing is held via
                                15   telecommunication, video conference or other electronic means,
                                16   the commission shall include the mechanism for access to the
[bracketed material] = delete
                                17   hearing in the notice of proposed rulemaking;
underscored material = new
                                18  (3)   the text of the proposed rule and the
                                19   reason therefor;
                                20  (4)   a request for comments on the proposed
                                21   rule from any interested person; and
                                22  (5)   the manner in which interested persons may
                                23   submit written comments.
                                24  I.   All hearings shall be recorded.      A copy of the
                                25   recording and all written comments and documents received by the
                                     .233038.1
                                                                     - 34 -
                                1    commission in response to the proposed rule shall be available
                                2    to the public.
                                3  J.   Nothing in this section shall be construed as
                                4    requiring a separate hearing on each commission rule.     Rules may
                                5    be grouped for the convenience of the commission at hearings
                                6    required by this section.
                                7  K.   The commission shall, by majority vote of all
                                8    commissioners, take final action on the proposed rule based on
                                9    the rulemaking record.     The commission:
                                10  (1)    may adopt changes to the proposed rule
                                11   provided the changes do not enlarge the original purpose of the
                                12   proposed rule;
                                13  (2)    shall provide an explanation of the
                                14   reasons for substantive changes made to the proposed rule as
                                15   well as reasons for substantive changes not made that were
                                16   recommended by commenters; and
[bracketed material] = delete
                                17  (3)    shall determine a reasonable effective
underscored material = new
                                18   date for the rule.      Except for an emergency as provided in
                                19   Subsection L of this section, the effective date of the rule
                                20   shall be no sooner than thirty days after the commission issuing
                                21   the notice that it adopted or amended the rule.
                                22  L.   Upon determination that an emergency exists, the
                                23   commission may consider and adopt an emergency rule with twenty-
                                24   four hours notice, with opportunity to comment; provided that
                                25   the usual rulemaking procedures provided in the compact and in
                                     .233038.1
                                                                      - 35 -
                                1    this section shall be retroactively applied to the rule as soon
                                2    as reasonably possible, in no event later than ninety days
                                3    after the effective date of the rule.    For the purposes of this
                                4    provision, an emergency rule is one that must be adopted
                                5    immediately in order to:
                                6  (1)   meet an imminent threat to public health,
                                7    safety or welfare;
                                8  (2)   prevent a loss of commission or
                                9    participating state funds;
                                10  (3)   meet a deadline for the promulgation of a
                                11   rule that is established by federal law or rule; or
                                12  (4)   protect public health and safety.
                                13  M.   The commission or an authorized committee of the
                                14   commission may direct revisions to a previously adopted rule for
                                15   purposes of correcting typographical errors, errors in format,
                                16   errors in consistency or grammatical errors.    Public notice of
[bracketed material] = delete
                                17   any revisions shall be posted on the website of the commission.
underscored material = new
                                18   The revision shall be subject to challenge by any person for a
                                19   period of thirty days after posting.    The revision may be
                                20   challenged only on grounds that the revision results in a
                                21   material change to a rule.    A challenge shall be made in writing
                                22   and delivered to the commission prior to the end of the notice
                                23   period.   If no challenge is made, the revision will take effect
                                24   without further action.    If the revision is challenged, the
                                25   revision may not take effect without the approval of the
                                     .233038.1
                                                                    - 36 -
                                1    commission.
                                2  N.   No participating state's rulemaking requirements
                                3    shall apply under this compact.
                                4       SECTION 10 - Oversight, Dispute Resolution and Enforcement
                                5  A.   The executive and judicial branches of state
                                6    government in each participating state shall enforce this
                                7    compact and take all actions necessary and appropriate to
                                8    implement the compact.
                                9  B.   Venue is proper and judicial proceedings by or
                                10   against the commission shall be brought solely and exclusively
                                11   in a court of competent jurisdiction where the principal office
                                12   of the commission is located.     The commission may waive venue
                                13   and jurisdictional defenses to the extent it adopts or consents
                                14   to participate in alternative dispute resolution proceedings.
                                15   Nothing herein shall affect or limit the selection or propriety
                                16   of venue in any action against a licensee for professional
[bracketed material] = delete
                                17   malpractice, misconduct or any such similar matter.
underscored material = new
                                18  C.   The commission shall be entitled to receive
                                19   service of process in any proceeding regarding the enforcement
                                20   or interpretation of the compact or commission rule and shall
                                21   have standing to intervene in such a proceeding for all
                                22   purposes.     Failure to provide the commission service of process
                                23   shall render a judgment or order void as to the commission, this
                                24   compact or promulgated rules.
                                25  D.   Default, technical assistance and termination
                                     .233038.1
                                                                     - 37 -
                                1    shall be addressed by the commission.
                                2  E.   If the commission determines that a participating
                                3    state has defaulted in the performance of its obligations or
                                4    responsibilities under this compact or the promulgated rules,
                                5    the commission shall provide written notice to the defaulting
                                6    state.     The notice of default shall describe the default, the
                                7    proposed means of curing the default and any other action that
                                8    the commission may take and offer training and specific
                                9    technical assistance regarding the default.
                                10  F.   The commission shall provide a copy of the notice
                                11   of default to the other participating states.
                                12  G.   If a state in default fails to cure the default,
                                13   the defaulting state may be terminated from the compact upon an
                                14   affirmative vote of a majority of the commissioners, and all
                                15   rights, privileges and benefits conferred on that state by this
                                16   compact may be terminated on the effective date of termination.
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                                17   A cure of the default shall not relieve the offending state of
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                                18   obligations or liabilities incurred during the period of
                                19   default.
                                20  H.   Termination of participation in the compact shall
                                21   be imposed only after all other means of securing compliance
                                22   have been exhausted.     Notice of intent to suspend or terminate
                                23   shall be given by the commission to the governor, the majority
                                24   and minority leaders of the defaulting state's legislature, the
                                25   defaulting state's state licensing authority or authorities, as
                                     .233038.1
                                                                     - 38 -
                                1    applicable, and each of the participating states' state
                                2    licensing authority or authorities applicable.
                                3  I.   A state that has been terminated is responsible
                                4    for all assessments, obligations and liabilities incurred
                                5    through the effective date of termination, including obligations
                                6    that extend beyond the effective date of termination.
                                7  J.   Upon the termination of a state's participation
                                8    in this compact, that state shall immediately provide notice to
                                9    all licensees of the state, including licensees of other
                                10   participating states issued a compact privilege to practice
                                11   within that state, of such termination.    The terminated state
                                12   shall continue to recognize all compact privileges then in
                                13   effect in that state for a minimum of one hundred eighty days
                                14   after the date of said notice of termination.
                                15  K.   The commission shall not bear any costs related
                                16   to a state that is found to be in default or that has been
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                                17   terminated from the compact, unless agreed upon in writing
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                                18   between the commission and the defaulting state.
                                19  L.   The defaulting state may appeal the action of the
                                20   commission by petitioning the United States district court for
                                21   the District of Columbia or the federal district where the
                                22   commission has its principal offices.     The prevailing party
                                23   shall be awarded all costs of such litigation, including
                                24   reasonable attorney fees.
                                25  M.   Upon request by a participating state, the
                                     .233038.1
                                                                    - 39 -
                                1    commission shall attempt to resolve disputes related to the
                                2    compact that arise among participating states and between
                                3    participating states and non-participating states.    The
                                4    commission shall promulgate a rule providing for both mediation
                                5    and binding dispute resolution for disputes as appropriate.
                                6  N.   Enforcement of the compact shall be conducted by
                                7    the commission.    The commission, in the reasonable exercise of
                                8    its discretion, shall enforce the provisions of this compact and
                                9    the commission's rules.
                                10  O.   By majority vote, the commission may initiate
                                11   legal action against a participating state in default in the
                                12   United States district court for the District of Columbia or the
                                13   federal district where the commission has its principal offices
                                14   to enforce compliance with the provisions of the compact and its
                                15   promulgated rules.    The relief sought may include both
                                16   injunctive relief and damages.    In the event judicial
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                                17   enforcement is necessary, the prevailing party shall be awarded
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                                18   all costs of such litigation, including reasonable attorney
                                19   fees.   The remedies herein shall not be the exclusive remedies
                                20   of the commission.    The commission may pursue any other remedies
                                21   available under federal or the defaulting participating state's
                                22   law.
                                23  P.   A participating state may initiate legal action
                                24   against the commission in the United States district court for
                                25   the District of Columbia or the federal district where the
                                     .233038.1
                                                                    - 40 -
                                1    commission has its principal offices to enforce compliance with
                                2    the provisions of the compact and its promulgated rules.       The
                                3    relief sought may include both injunctive relief and damages.
                                4    In the event judicial enforcement is necessary, the prevailing
                                5    party shall be awarded all costs of such litigation, including
                                6    reasonable attorney fees.
                                7  Q.    No individual or entity other than a
                                8    participating state may enforce this compact against the
                                9    commission.
                                10        SECTION 11 - Effective Date, Withdrawal and Amendment
                                11  A.     The compact shall come into effect on the date on
                                12   which the compact statute is enacted into law in the seventh
                                13   participating state.
                                14  B.     On or after the effective date of the compact,
                                15   the commission shall convene and review the enactment of the
                                16   compact by each of the states that enacted the compact to
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                                17   determine if the statute enacted by each state is materially
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                                18   different than the model compact.      If the commission finds the
                                19   enactment of a participating state is materially different from
                                20   the model compact, the participating state shall be entitled to
                                21   the default process set forth in Section 10 of this compact.
                                22  C.     If the commission later determines that a
                                23   participating state is in default or terminated or withdrew from
                                24   the compact, the commission shall remain in existence and the
                                25   compact shall remain in effect, even if the number of
                                     .233038.1
                                                                      - 41 -
                                1    participating states should be less than seven.
                                2  D.   Participating states shall be subject to the
                                3    process set forth in Subsection B of this section to determine
                                4    if their enactments are materially different from the model
                                5    compact and whether they qualify for participation in the
                                6    compact.
                                7  E.   All actions taken for the benefit of the
                                8    commission or in furtherance of the purposes of the
                                9    administration of the compact prior to the effective date of the
                                10   compact or the commission coming into existence shall be
                                11   considered to be actions of the commission unless specifically
                                12   repudiated by the commission.
                                13  F.   Any state that joins the compact subsequent to
                                14   the commission's initial adoption of the rules and bylaws shall
                                15   be subject to the commission's rules and bylaws as they exist on
                                16   the date on which the compact becomes law in that state.    Any
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                                17   rule that has been previously adopted by the commission shall
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                                18   have the full force and effect of law on the day the compact
                                19   becomes law in that state.
                                20  G.   Any participating state may withdraw from this
                                21   compact by enacting a statute repealing that state's enactment
                                22   of the compact; however:
                                23  (1)   a participating state's withdrawal shall
                                24   not take effect until one hundred eighty days after enactment of
                                25   the repealing statute;
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                                                                     - 42 -
                                1  (2)   withdrawal shall not affect the continuing
                                2    requirement of the withdrawing state's licensing authority or
                                3    authorities to comply with the investigative and adverse action
                                4    reporting requirements of this compact prior to the effective
                                5    date of withdrawal; and
                                6  (3)   upon the enactment of a statute
                                7    withdrawing from this compact, the state shall immediately
                                8    provide notice of such withdrawal to all licensees within that
                                9    state, and notwithstanding any subsequent statutory enactment to
                                10   the contrary, such withdrawing state shall continue to recognize
                                11   all compact privileges to practice within that state granted
                                12   pursuant to this compact for a minimum of one hundred
                                13   eighty days after the date of such notice of withdrawal.
                                14  H.   Nothing contained in this compact shall be
                                15   construed to invalidate or prevent any licensure agreement or
                                16   other cooperative arrangement between a participating state and
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                                17   a non-participating state that does not conflict with the
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                                18   provisions of this compact.
                                19  I.   This compact may be amended by the participating
                                20   states.   No amendment to this compact shall become effective and
                                21   binding upon any participating state until it is enacted into
                                22   the laws of all participating states.
                                23  SECTION 12 - Construction and Severability
                                24  A.   This compact and the commission's rulemaking
                                25   authority shall be liberally construed so as to effectuate the
                                     .233038.1
                                                                    - 43 -
                                1    purposes and the implementation and administration of the
                                2    compact.    Provisions of the compact expressly authorizing or
                                3    requiring the promulgation of rules shall not be construed to
                                4    limit the commission's rulemaking authority solely for those
                                5    purposes.
                                6  B.   The provisions of this compact shall be
                                7    severable, and if any phrase, clause, sentence or provision of
                                8    this compact is held by a court of competent jurisdiction to be
                                9    contrary to the constitution of any participating state, a state
                                10   seeking participation in the compact, or of the United States,
                                11   or the applicability thereof to any government, agency, person
                                12   or circumstance is held to be unconstitutional by a court of
                                13   competent jurisdiction, the validity of the remainder of this
                                14   compact and the applicability thereof to any other government,
                                15   agency, person or circumstance shall not be affected thereby.
                                16  C.   Notwithstanding the provisions of Subsection B of
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                                17   this section, the commission may deny a state's participation in
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                                18   the compact or, in accordance with the requirements of
                                19   Subsection E of Section 10 of this compact, terminate a
                                20   participating state's participation in the compact, if it
                                21   determines that a constitutional requirement of a participating
                                22   state is a material departure from the compact.    Otherwise, if
                                23   this compact shall be held to be contrary to the constitution of
                                24   any participating state, the compact shall remain in full force
                                25   and effect as to the remaining participating states and in full
                                     .233038.1
                                                                    - 44 -
                                1    force and effect as to the participating state affected as to
                                2    all severable matters.
                                3      SECTION 13 - Consistent Effect and Conflict with Other State
                                4  Laws
                                5  A.   Nothing herein shall prevent or inhibit the
                                6    enforcement of any other law of a participating state that is
                                7    not inconsistent with the compact.
                                8  B.   Any laws, statutes, regulations or other legal
                                9    requirements in a participating state in conflict with the
                                10   compact are superseded to the extent of the conflict.
                                11  C.   All permissible agreements between the commission
                                12   and the participating states are binding in accordance with
                                13   their terms.".
                                14  SECTION 2.    Section 61-5A-10 NMSA 1978 (being Laws 1994,
                                15   Chapter 55, Section 10, as amended) is amended to read:
                                16  "61-5A-10.    POWERS AND DUTIES OF THE BOARD AND
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                                17   COMMITTEE.--In addition to any other authority provided by law,
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                                18   the board and the committee, when designated, shall:
                                19  A.   enforce and administer the provisions of the
                                20   Dental Health Care Act and the Dental Amalgam Waste Reduction
                                21   Act;
                                22  B.   promulgate in accordance with the State Rules
                                23   Act, all rules as necessary to:
                                24  (1)   regulate the examination and licensure of
                                25   dentists and dental therapists and, through the committee,
                                     .233038.1
                                                                      - 45 -
                                1    regulate the examination and licensure of dental hygienists;
                                2  (2)   provide for the examination and
                                3    certification of dental assistants by the board;
                                4  (3)   provide for the regulation of dental
                                5    technicians by the board;
                                6  (4)   regulate the practice of dentistry, dental
                                7    therapy and dental assisting and, through the committee,
                                8    regulate the practice of dental hygiene; and
                                9  (5)   provide for the regulation and licensure
                                10   of non-dentist owners by the board;
                                11  C.   adopt and use a seal;
                                12  D.   administer oaths to all applicants, witnesses and
                                13   others appearing before the board or the committee, as
                                14   appropriate;
                                15  E.   keep an accurate record of all meetings, receipts
                                16   and disbursements;
[bracketed material] = delete
                                17  F.   grant, deny, review, suspend and revoke licenses
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                                18   and certificates to practice dentistry, dental therapy, dental
                                19   assisting and, through the committee, dental hygiene and
                                20   censure, reprimand, fine and place on probation and stipulation
                                21   dentists, dental therapists, dental assistants and, through the
                                22   committee, dental hygienists, in accordance with the Uniform
                                23   Licensing Act for any cause stated in the Dental Health Care Act
                                24   and the Dental Amalgam Waste Reduction Act;
                                25  G.   grant, deny, review, suspend and revoke licenses
                                     .233038.1
                                                                    - 46 -
                                1    to own dental practices and censure, reprimand, fine and place
                                2    on probation and stipulation non-dentist owners, in accordance
                                3    with the Uniform Licensing Act, for any cause stated in the
                                4    Dental Health Care Act and the Dental Amalgam Waste Reduction
                                5    Act;
                                6  H.   maintain records of the name, address, license
                                7    number and such other demographic data as may serve the needs
                                8    of the board of licensees, together with a record of license
                                9    renewals, suspensions, revocations, probations, stipulations,
                                10   censures, reprimands and fines.    The board shall make available
                                11   composite reports of demographic data but shall limit public
                                12   access to information regarding individuals to their names,
                                13   addresses, license numbers and license actions or as required by
                                14   statute;
                                15  I.   hire and contract for services from persons as
                                16   necessary to carry out the board's duties;
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                                17  J.   establish ad hoc committees whose members shall
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                                18   be appointed by the chair with the advice and consent of the
                                19   board or committee and shall include at least one member of the
                                20   board or committee as it deems necessary for carrying on its
                                21   business;
                                22  K.   have the authority to pay per diem and mileage to
                                23   persons who are appointed by the board or the committee to serve
                                24   on ad hoc committees;
                                25  L.   have the authority to hire or contract with
                                     .233038.1
                                                                    - 47 -
                                1    investigators to investigate possible violations of the Dental
                                2    Health Care Act and the Dental Amalgam Waste Reduction Act;
                                3  M.   have the authority to issue investigative
                                4    subpoenas prior to the issuance of a notice of contemplated
                                5    action for the purpose of investigating complaints against
                                6    dentists, dental therapists, dental assistants and, through the
                                7    committee, dental hygienists licensed under the Dental Health
                                8    Care Act and the Dental Amalgam Waste Reduction Act;
                                9  N.   have the authority to sue or be sued and to
                                10   retain the services of an attorney at law for counsel and
                                11   representation regarding the carrying out of the board's duties;
                                12  O.   have the authority to create and maintain a
                                13   formulary, in consultation with the board of pharmacy, of
                                14   medications that a dental therapist or dental hygienist may
                                15   prescribe, administer or dispense in accordance with rules the
                                16   board has promulgated; [and]
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                                17  P.   establish continuing education or continued
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                                18   competency requirements for dentists, dental therapists,
                                19   certified dental assistants in expanded functions, dental
                                20   technicians and, through the committee, dental hygienists;
                                21  Q.   prescribe the procedures, forms and manner of
                                22   submitting an applicant's full set of fingerprints for state
                                23   and federal criminal history background reports that the board
                                24   or committee uses to evaluate the applicant's qualification for
                                25   licensure; and
                                     .233038.1
                                                                    - 48 -
                                1  R.   require an applicant, as a condition of
                                2    eligibility for initial licensure or initial privilege to
                                3    practice under the Dentist and Dental Hygienist Compact, to
                                4    submit a full set of fingerprints to the department of public
                                5    safety to obtain state and national criminal history record
                                6    information on the applicant.    State and national criminal
                                7    history record reports are confidential and not public records.
                                8    The board and the committee shall not disseminate criminal
                                9    history record information across state lines."
                                10  - 49 -
                                11
                                12
                                13
                                14
                                15
                                16
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                                17
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                                18
                                19
                                20
                                21
                                22
                                23
                                24
                                25
                                     .233038.1

Dental & Dental Hygienist Compact

Sponsors

Rep. Gail Armstrong (R) sponsors HB 44, and 5 members have co-sponsored it.

Committees

HB 44 went before 1 committee: Health & Human Services.

Health & Human Services
Health & Human Services
Referred to · Jan 20, 2026

History

HB 44 has taken 3 actions since Jan 20, 2026.

ChamberAction
Jan 20, 2026
House
Sent to HPREF - Referrals: HPREF
Jan 20, 2026
House
Sent to HHHC - Referrals: HHHC/HJC
Jan 20, 2026
House
Action Postponed Indefinitely

Votes

HB 44 has not gone to a roll call.

Source: nmlegis.gov · legiscan.com