B 26-0773

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3 ________________________  _____________________________
4 Councilmember Anita Bonds  Councilmember Wendell Felder
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9 ____________________________  ____________________________
10  Councilmember Matthew Frumin  Councilmember Brooke Pinto
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13A BILL
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17IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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20 To authorize the Mayor to enter the District of Columbia into the Interstate Dental and Dental
21Hygiene Licensure Compact; to allow for expedited licensure and access to dental health
22care through licensure boards acting in cooperation with the Compact; to adopt the
23existing licensure, information sharing, and investigatory structures utilized by Dental
24Boards across the United States; to allow for the sharing among Compact Member States
25of ongoing investigations, non-public complaints, and disciplinary actions against
26licensees in the Compact Member States; to clarify that the District retains the right to
27impose an adverse action on a licensee as a home state or as a practicing state; to clarify
28that the District has an opportunity to share investigations and information with the home
29state of licensure; to establish the Interstate Dental and Dental Hygiene Compact
30Licensure Commission operated by state dental board members, administrators and other
31staff.
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33BE IT ENACTED BY THE COUNCIL OF THE DISTICT OF COLUMBIA, That this
34 act may be cited by the “Interstate Dental and Dental Hygiene License Act of 2026.”
35Sec. 2. Definitions.
36As used in this Compact:
37(1) “AADB” means the American Association of Dental Boards (AADB) or its named
38 successor, formerly known as the American Association of Dental Examiners (AADE),
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39 originally chartered on September 10th, 1896 and renewed in 1944, comprised of State Dental
40 Boards in the United States and its territories;
41(2) “Attorneys’ Committee” means the committee of attorneys who currently represent a
42 Member State Dental Board. The Attorneys’ Committee shall designate one of its members to
43 participate in the Commission as a non-voting member. An attorney that has previously served as
44 an attorney for a Member State Dental Board may be invited on a year-to-year basis to serve on
45 the Attorneys’ Committee if they have not engaged in an official case against a State Dental
46 Board or have any other conflict of interest. The Attorneys’ Committee may assist the
47 investigators in working through joint investigation issues between states;
48(3) “Active-duty military person or spouse” means a Licensee in full-time active-duty
49 status in the active uniformed services of the United States, including members of the National
50 Guard and Reserves. The legal spouse of the military member must be recognized by the military
51 unit as a dependent while the service member is on active duty. Spouses shall receive the same
52 privileges as military members for the purpose of this Compact;
53(4) “Active Investigation” means an active investigation potentially resulting in formal
54 allegations or charges precipitating a judicial process by a State Dental Board, oversight agency,
55 or other law enforcement entity;
56(5) “Adverse Action” means an order issued by a State Dental Board or reported to the
57 clearinghouse pursuant to the Commission’s Bylaws and rules that disciplines a Licensee.
58 Adverse Action includes, and is not limited to, the suspension, limiting, or revocation of a
59 License or Compact License Privilege; the imposition of fees and sanctions; and any temporary
60 emergency order that may be later withdrawn by a Board;
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61(6) “ADEX examination” means the initial licensure examinations developed by the
62 American Board of Dental Examiners, Inc. or its successor;
63(7) “Bylaws” means the bylaws passed by the Commission or its named successor
64 commission;
65(8) “Clearinghouse” means the clearinghouse and databank that houses prior Adverse
66 Action documentations, orders and denials of licensure or permits from State Dental Boards that
67 is administered by the AADB or its successor;
68(9) “CODA” means the Commission on Dental Accreditation or its successor as approved
69 by the United States Department of Education;
70(10) “Commission” means the Interstate Dental and Dental Hygiene Compact Licensure
71 Commission created pursuant to Section 3 of this Act.
72(11) “Commissioners” means the 2 members chosen by each Member State Dental Board
73 to serve as the voting members of the Commission;
74(12) “Compact” means the Interstate Dental and Dental Hygiene Licensure Compact
75 created pursuant to Section 3 of this Act;
76(13) “Compact License Privilege” means the expedited dental or dental hygiene license to
77 practice in a Member State that is not the Licensee’s Home State;
78(14) “Conviction” means an adjudication or formal judgment by a court that an individual
79 is guilty through a plea of guilty or no contest, or a finding of guilt by the court. Evidence of a
80 conviction of a criminal offense by the court shall be considered final for the purposes of
81 considering or imposing disciplinary action by a Member State Dental Board;
82(15) “Criminal background check” means a criminal background check using the results
83 of fingerprint or other biometric data checks compliant with the requirements of the Federal
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84 Bureau of Investigation, with the exception of federal employees who have suitability
85 determination in accordance with 5 C.F.R. 731.202;
86(16) “Dental hygienist” means any person who:
87(A) Has successfully graduated from a CODA-approved dental hygiene school;
88(B) Has successfully passed the ADEX dental hygiene licensure examination; or
89 has been in practice 5 years or more and has successfully passed a Regional Board Examination
90 or equivalent state- administered psychomotor licensure examination prior to January 1, 2024;
91(C) Has successfully passed the written national dental hygiene board
92 examination administered by the Joint Commission on National Dental Examinations;
93(D) Possesses a full and unrestricted dental hygiene license issued by a Member
94 State;
95(E) Has never been convicted or received adjudication, deferred adjudication,
96 community supervision or deferred disposition for any offense (other than traffic offenses) by a
97 court of appropriate jurisdiction;
98(F) Has never been a subject of discipline by a Licensing Agency through any
99 Adverse Action, order, or other restriction of the Licensee by a Licensing Agency, with the
100 exception of failure to pay fees or failure to complete continuing education;
101(G) Is not currently under Active Investigation by a Licensing Agency or law
102 enforcement authority in any state, federal or foreign jurisdiction; and
103(H) Meets any jurisprudence requirement established by a Member State Dental
104 Board of a Member State in which a Licensee is seeking a Compact License Privilege.
105(17) “Dental Practice Act” means the laws and regulations governing the practice of
106 dentistry within a Member State;
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107(18) “Dentist” means any person who:
108(A) Has successfully graduated from a CODA-approved dental school;
109(B) Has successfully passed the ADEX dental licensure exam; or has been in
110 practice 5 years or more and has successfully passed a Regional Board Examination or
111 equivalent state-administered psychomotor licensure examination prior to January 1, 2024;
112(C) Has successfully passed the written National Dental Board Exam
113 administered by the Joint Commission on National Dental Examinations;
114(D) Possesses a full and unrestricted dental license issued by a Member State
115 Dental Board;
116(E) Has never been convicted or received adjudication, deferred adjudication,
117 community supervision, or deferred disposition for any offense (other than traffic offenses) by a
118 court of appropriate jurisdiction;
119(F) Has never been a subject of discipline by a Licensing Agency through any
120 Adverse Action, order, or other restriction of the Licensee by a Licensing Agency, with the
121 exception of failure to pay fees or failure to complete continuing education;
122(G) Has never had a state or federal drug registration, permit, or license restricted,
123 suspended, or revoked by the United States Drug Enforcement Administration or any Licensing
124 Agency that oversees scheduled drug registrations;
125(H) Is not currently under Active Investigation by a Licensing Agency or law
126 enforcement authority in any state, federal or foreign jurisdiction; and
127(I) Meets any jurisprudence requirement established by a Member State Dental
128 Board in which a Licensee is seeking a Compact License Privilege;
129(19) “Home State” means the state of primary licensure of a Licensee;
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130(20) “License” means the authorization by a Licensing Authority for a dentist or dental
131 hygienist to engage in the unrestricted practice of dentistry or dental hygiene, which would be
132 unlawful without such license;
133(21) “Licensee” means a Dentist or Dental Hygienist who holds an unrestricted License
134 to practice as a dentists or dental hygienist;
135(22) “Licensing Agency” means the agency or other entity of a State that is responsible
136 for the licensing of Dentists and Dental Hygienists. If a Member State Dental Board has such
137 responsibility, it shall be deemed a Licensing Agency.
138(23) “Member State Dental Board” means a state agency in a Member State that protects
139 the public through licensure, regulation, and the education of dentist and dental hygienists, as
140 directed by the state law. All actions taken by a Member State Dental Board shall be under the
141 authority of the laws its State and any other rights conferred under this Compact;
142(24) “Member State” means a state, the District of Colombia or any other United States
143 territory that has enacted the Compact;
144(25) “Regional Board Examination” means initial licensure examinations administered by
145 the Western Regional Examining Board (WREB), the North East Regional Board of Dental
146 Examiners (NERB), the Commission on Dental Competency Assessments (CDCA), Council of
147 Interstate Testing Agencies (CITA), Southern Regional Testing Agency (SRTA), or Central
148 Regional Dental Testing Services (CRDTS) that assess psychomotor skills;
149(26) “Repository” means the repository of original documents of a Licensee that may
150 include original transcripts, certification documents, test scores, military training records,
151 previous or current licensing documents and other sources of materials needed for applications
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152 and verification administered by the AADB or its successor. The Repository shall receive
153 documents from primary or originating sources and/or verify their authenticity;
154(27) “Scope of practice” means the dental-related procedures that require a License,
155 permit, or training, undertake the treatment and procedure to be completed on a patient within
156 the Member State’s requirements;
157(28) “State” means a state within the United States or a United States Territory; and
158(29) “State jurisprudence” means the knowledge of a Member State’s laws and rules of
159 dentistry and hygiene.
160Sec. 3. Compact and Commission.
161(a) The Member States hereby create the Interstate Dental and Dental Hygiene Licensure
162 Compact and the Commission. Each Member State must enact a compact that is not materially
163 different from this Compact, as determined by the Commission.
164(b) Each Member State Dental Board shall have 2 voting members who shall serve as
165 Commissioners. Each Commissioner shall have one vote. Member States with separate dental
166 and dental hygiene Licensing Agencies shall appoint one Commissioner from each licensing
167 agency. One Commissioner shall be a current member of a Member State Dental Board.
168 Commissioners may not delegate votes or vote by proxy, however, if a Commissioner is unable
169 to attend, the Member State may substitute a Commissioner who meets the same requirements.
170(c) Upon 5 states joining the Compact, the Compact shall become active. The
171 Commission shall adopt Bylaws upon becoming active.
172(d) The Commission shall meet at least once per calendar year (the “Annual Meeting”)
173 and at additional times as necessary pursuant to the Bylaws and rules.
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174(e) At each Annual Meeting, the Commission shall elect a Chair, Vice Chair, Secretary,
175 and Treasurer from the membership of the Commission (the “Officers”). The Officers shall be
176 members of the Commission’s Executive Committee (the “Executive Committee”). The
177 Commission shall also elect representatives from 4 regional districts established by the
178 Commission to serve on the Executive Committee. All Officers and Executive Committee
179 representatives shall serve one year terms.
180(f) Quorum for purposes of conducting business shall be a majority of Commissioners
181 attending in person or virtually.
182(g) The Commission shall provide notice of all meetings on its website and in other
183 communications to Member State Dental Boards.
184(h) A vote of 2/3 of the Commissioners present shall be required for an executive session
185 to discuss:
186(1) Items specifically related to participation in a lawsuit or in anticipation of a
187 legal proceeding;
188(2) Matters specifically exempted from disclosures;
189(3) Information allowing for law enforcement agencies or information that
190 accuses a person of a crime or a public censure;
191(4) Discussions that would include information of a personal nature that would
192 constitute an unwarranted invasion of personal privacy;
193(5) Anything considered internal practices and procedures or a trade secret;
194(6) Other items described in the Commission Bylaws allowing for executive
195 sessions to be called; or
196(7) Advice of legal counsel.
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197(i) The Commission shall keep minutes and make them available to all Member States.
198(j) The Commission may establish other committees as needed
199(k) The Commission shall prepare an annual report that shall be made available to the
200 legislatures and governors of the Member States. The annual report shall describe the activities
201 of the Commission during the preceding calendar year. Such reports shall also include reports of
202 the annual financial audit and any actions taken by or rules that were adopted by the
203 Commission.
204Sec. 4. Duties of Compact Member States.
205(a) Member States shall submit to the Clearinghouse all Member State Dental Board
206 actions and other documents and data as determined by the Commission;
207(b) Member States shall notify the Commission of any Adverse Action taken by the
208 Member State Dental Board, any Active Investigation by the Member State Dental Board, any
209 Active Investigation involving pending criminal charges, or other circumstance as determined by
210 the Commission;
211(c) Any Adverse Action, order, restriction or denial of a license or permit on a Licensee
212 or Compact License Privilege holder shall be reported to the Clearinghouse by the Member State
213 Dental Board;
214(d) Member State Dental Boards may submit to the Clearinghouse nonpublic complaints,
215 or disciplinary or investigatory information not required by Section 4(c). All investigatory
216 material shall be considered confidential and not part of a public record unless otherwise
217 specifically required by state statute;
218(e) Members States shall except continuing education credits as required or recognized by
219 any other Member State;
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220(f) Documents in the Repository shall be treated by a Member State as the equivalent of a
221 primary or original source document for licensure;
222(g) Member States shall accept a standardized application for a Compact License
223 Privilege. The standardized application shall be established by the rules enacted by the
224 Commission;
225(h) Member States may agree to share information regarding ongoing investigations and
226 actions, including joint investigations between states. All investigatory material shall be
227 considered confidential and not part of a public record unless otherwise specifically required by
228 state statute; and
229(i) As part of the Compact enforcement, participating Member States may issue
230 subpoenas and seek testimony of witnesses, which subpoenas shall be enforced in other Member
231 States and enforced by a court of competent jurisdiction where the witnesses or evidence is
232 located.
233Sec. 5. Powers and duties of the commission.
234(a) The Commission shall have the duty and power to:
235(1) Oversee and maintain the administration of the Compact, including the
236 organizational needs, the financial activities, the hiring of personnel and ongoing activities or
237 needs of the Commission;
238(2) Promulgate Bylaws and rules to operate the Compact and the Commission;
239(3) Establish a budget and make expenditures;
240(4) Have an annual financial audit performed by an independent certified public
241 accounting firm;
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242(5) Issue, upon the request of a Member State Dental Board, advisory opinions
243 concerning the meaning or interpretation of the Compact and its Bylaws, rules, and actions;
244(6) Enforce compliance with Compact provisions, the rules promulgated by the
245 Commission, and the Bylaws, using all necessary and proper means, including but not limited to
246 the use of judicial process;
247(7) Hold an Annual Meeting for the Commission where the elections of the
248 Executive Committee and other issues may be discussed and voted on;
249(8) Establish personnel policies and programs relating to conflicts of interest, and
250 the rates of compensation and qualifications of personnel;
251(9) Accept donations and grants of money, equipment, supplies, materials and
252 services, and to receive, utilize and dispose of them in a manner consistent with the conflict-of-
253 interest policies established by the Commission;
254(10) Report annually to the legislatures and governors of the Member State Dental
255 Boards concerning the activities of the Commission during the preceding calendar year. Such
256 reports shall also include reports of annual financial audits, all actions of the Commission, rules
257 adopted by the Commission, and any recommendations by the Commission; and
258(11) Coordinate education, training and public awareness regarding the Compact,
259 its implementation, and its operation.
260(b) The Executive Committee shall have the power to act on behalf of the Commission,
261 with the exception of rulemaking, during periods when the Commission is not in session. When
262 acting on behalf of the Commission, the Executive Committee shall oversee the administration of
263 the Compact, including enforcement of and compliance with the Compact.
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264(c) The officers and employees of the Commission shall be immune from suit and
265 liability, either personally or in their official capacity, for a claim for damage to or loss of
266 property or personal injury or other civil liability caused or arising out of, or relating to, an actual
267 or alleged act, error or omission that occurred, or that such person had a reasonable basis for
268 believing occurred, within the scope of Commission employment, duties or responsibilities;
269 provided, that such person shall not be protected from suit or liability for damage, loss, injury or
270 liability caused by the intentional or willful and wanton misconduct of such person.
271(d) The liability of the executive director and employees of the Commission or
272 representatives of the Commission, acting within the scope of such person’s employment or
273 duties for acts, errors or omissions occurring within such person’s state may not exceed the limits
274 of liability set forth under the constitution and laws of that state for state officials, employees and
275 agents. The Commission shall be considered to be an instrumentality of the states for the
276 purposes of any such action. Nothing in this subsection shall be construed to protect such person
277 from suit or liability for damage, loss, injury or liability caused by the intentional or willful and
278 wanton misconduct of such person.
279(e) The Commission shall defend the Commission’s executive director, its employees,
280 and, subject to the approval of the attorney general or other appropriate legal counsel of the
281 Member State represented by an Commission representative, shall defend such Commission
282 representative in any civil action seeking to impose liability arising out of an actual or alleged
283 act, error or omission that occurred within the scope of Commission employment, duties, or
284 responsibilities, or that the defendant had a reasonable basis for believing occurred within the
285 scope of Commission employment duties, or responsibilities, provided that the actual or alleged
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286 act, error or omission did not result from intentional or willful and wanton misconduct on the
287 part of such person.
288(f) To the extent not covered by the state involved, Member State, or the Commission, the
289 representatives or employees of the Commission shall be held harmless by the Commission in
290 the amount of a settlement or judgment, including attorney fees and costs, obtained against such
291 persons arising out of an actual or
292 alleged act, error or omission that occurred within the scope of Commission employment, duties,
293 or responsibilities, or that such persons had a reasonable basis for believing occurred within the
294 scope of Commission employment, duties, or responsibilities, provided that the actual or alleged
295 act, error or omission did not result from intentional or willful and wanton misconduct on the
296 part of such persons.
297Sec. 6. Application, eligibility, and issuance of compact license privilege to a member
298 state.
299(a) A dentist or dental hygienist applying for Compact License Privileges shall meet the
300 requirements of a Dentist as listed in Section (2)(r) of this Compact or a Dental Hygienist as
301 listed in Section (2)(p) of this Compact and hold a current License in a Member State under this
302 Compact.
303(b) Each Dentist or Dental Hygienist shall designate a Home State of licensure. The
304 Home State shall be determined by:
305(1) The State of primary residence for the Dentist or Dental Hygienist, where 25%
306 of their practice within one year occurs. An active-duty military member or their spouse may
307 choose a Home State as designated with the military but are not required to meet the requirement
308 of 25% practice being within their Home State; or
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309(2) If no State qualifies under Section 6(b)(1), then the State that the Dentist or
310 Dental Hygienist listed as their state of residence on the previous year’s federal tax return.
311(c) A Dentist or Dental Hygienist may redesignate a Home State no more than one time
312 in a calendar year if the qualifications of a Home State are met.
313(d) A Dentist or Dental hygienist seeking a Compact License Privilege (the “Applicant”)
314 shall apply to their Home State Dental Board for a letter stating that the Applicant is eligible for
315 Compact License Privileges.
316(e) The Home State Dental Board shall determine the eligibility of an application for a
317 Compact License Privilege and shall issue a letter of approval or denial of the application for a
318 Compact License Privilege.
319(f)(1) The letter from the Applicant’s Home State Dental Board approving the application
320 shall be submitted to the Member State Dental Board for the Member State in which the
321 Applicant proposes to practice, and shall include:
322(A) the Compact application packet;
323(B) authorization to seek access to the Applicant’s Repository documents;
324(C) any additional information that may be required by the proposed
325 Compact License Privilege state; and
326(D) any required fees.
327(2) The Member State Dental Board shall review the application to confirm
328 compliance with the Member State’s laws and regulations. Following such review, if the
329 Member State Dental Board approves the application, it shall issue a Compact License Privilege
330 from the proposed Member State to the Applicant.
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331(g) Appeals of a denial of a Compact License Privilege application shall be filed with the
332 Member State Dental Board making such determination, and shall be filed within 30 dates of the
333 date of the denial.
334(h) A Licensee holding a Compact License Privilege shall notify the Commission within
335 10 business days of any Adverse Action taken against a License held in a state that is not a
336 Member State.
337(i) A Compact License Privilege may be revoked, suspended or limited by the issuing
338 Member State Dental Board if at any time the Licensee’s Home State license is revoked,
339 suspended or limited.
340(j) The Commission shall issue rules on the duration of a Compact License Privilege, the
341 application and renewal process for a Compact License Privilege, and any application fees.
342(k) Eligibility or ineligibility to receive a Compact License Privilege shall not limit the
343 ability of a Licensee to seek a state license through the regular process outside of the Compact.
344Sec. 7. Jurisdiction over compact license privilege holders.
345(a) Each Licensee holding a Compact License Privilege shall be subject to and comply
346 with the laws and regulations of the Member State in which such Licensee practices under a
347 Compact License Privilege.
348(b) Each Licensee holding a Compact License Privilege shall be subject to the
349 jurisdiction and authority of the Member State Dental Board of the state in which such Licensee
350 practices, as if they held a license issued from such Member State Dental Board. Such Compact
351 License Privilege holder shall be deemed a “Licensee” of the Member State Dental Board for
352 purposes of such board taking an Adverse Action.
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353(c) Each Licensee holding a Compact License Privilege shall list a current address with
354 the Commission that shall serve as their official address of service.
355(d) A Licensee holding a Compact License Privilege may have an Adverse Action taken
356 against them by:
357(1) The Member State Dental Board of the Member State in which they are
358 practicing with a Compact License Privilege;
359(2) The Licensee’s Home State; or
360(3) The State Licensing Authority of a State that is not a Member State from
361 which the Licensee holds a License.
362(e) A Home State may take an Adverse Action against the holder of a Compact License
363 Privilege, regardless of where the actions giving rise to the Adverse Action occurred.
364(f) Any Member State in which the Compact Licensee holds a Compact License Privilege
365 may investigate an allegation of a violation of the laws and rules of the practice of dentistry or
366 dental hygiene in any other State where the Compact Licensee holds a Compact License
367 Privilege.
368Sec. 8. Fees and military waiver.
369(a) The Commission shall issue rules regarding the use of the Repository by each holder
370 of a Compact License Privilege.
371(b) A Member State Dental Board issuing a Compact License Privilege authorizing
372 practice in its State may impose a fee for a Compact License Privilege, for either initial issuance
373 or any renewal.
374(c) No Compact fee shall be required of any active-duty military member and/or their
375 spouse up to one year after separation from the service. Each Member State issuing a Compact
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376 License Privilege may waive fees for active-duty military and/or their spouse as required by each
377 individual state statute.
378(d) Active-duty military may transfer military training records to the Repository without a
379 fee
380Sec. 9. Joint investigations and disciplinary actions.
381(a) Each Member State shall name a point of contact for joint investigations between
382 Member State Dental Boards.
383(b) Member State Dental Boards may participate with other Member State Dental Boards
384 in joint investigations of Licensees that are subject to this Compact.
385(c) Member State Dental Boards may share investigative, litigation or other materials in
386 furtherance any joint or individual investigation of a Compact License Privilege holder.
387(d) A subpoena issued by a Member State or Member State Dental Board shall be
388 enforceable in other Member States as allowed by law.
389(e) If a Compact License Privilege holder has an Adverse Action taken against them by
390 any Member Dental Board, the Compact License Privilege holder, Licensee shall automatically
391 be subject to similar discipline by other Member State Dental Boards.
392(f) If a Compact License Privilege holder has an Adverse Action taken against their
393 Home State license, including being revoked, surrendered, or relinquished in lieu of discipline or
394 suspended, then automatically all other Compact License Privileges shall be placed in the same
395 status. The Home State Dental Board shall notify the Commission and the Commission shall
396 issue a notice to all Member State Dental Boards of such Adverse Action.
397(g) If discipline or an Adverse Action is taken against a Compact License Privilege
398 holder in a Member State, the Member State Board shall notify the Commission and the Home
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399 State of the Compact License Privilege holder. The Home State may deem the action conclusive
400 as a matter of law and fact and may:
401(1) Impose the same or lesser sanction consistent with the Home State’s laws; or
402(2) Pursue separate actions against the Compact License Privilege holder under its
403 laws, regardless of the sanctions pursued by the Member State Dental Board.
404Sec. 10. Other requests for information from the repository and the clearinghouse.
405(a) Insurance companies and entities verifying documents for the purpose of licenses
406 extended to a Dentist or Dental Hygienist may seek information from the Clearinghouse for
407 public record documents;
408(b) A Dentist or Dental Hygienist may submit a request to the Commission to allow any
409 hiring employer, entity, or insurance company to access documents from the Repository for the
410 purposes of credentialing, licensing or other privileges;
411(c) The Commission shall set a fee schedule for these services.
412Sec. 11. Rulemaking functions of the commission.
413(a) The Commission shall promulgate reasonable rules to effectively and efficiently
414 implement and achieve the purposes and administration of the Compact. Notwithstanding the
415 foregoing, in the event Commission exercises its rulemaking authority in a manner that is beyond
416 the scope of the purposes of the Compact or the powers granted hereunder, then such an action
417 by the Commission may be determined to be invalid and have no force or effect.
418(b) Rules validly issued by the Commission shall have the force of law in each Member
419 State.
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420(c) Rules deemed appropriate for the operations of the Commission shall be made
421 pursuant to a rulemaking process that substantially conforms to the Model State Administrative
422 Procedure Act of 2010, and subsequent amendments thereto.
423Sec. 12. Oversight of the compact.
424(a) The executive, legislative, and judicial branches of state government in each Member
425 State shall enforce the Compact and shall take all actions necessary and appropriate to effectuate
426 the Compact’s purposes and intent to allow for expedited licensure for the purpose of mobility.
427 The provisions of the Compact and the rules promulgated hereunder shall have standing as
428 statutory law but shall not override existing state authority to regulate the practice of dentistry
429 and dental hygiene.
430(b) All courts may take judicial notice of the Compact and the rules in any judicial or
431 administrative proceeding in a Member State pertaining to the subject matter of the Compact
432 which may affect the powers, responsibilities or actions of the Commission.
433(c) The Commission shall be entitled to receive all service of process in any such
434 proceeding and shall have standing to intervene in the proceeding for all purposes. Except where
435 the Commission has intervened, failure to provide service of process to the Commission shall
436 render a judgment or order void as to the Commission, the Compact or promulgated rules.
437Sec. 13. Enforcement and default procedures.
438(a) The Commission, in the reasonable exercise of its discretion, shall enforce the
439 provisions and rules of the Compact.
440(b) The grounds for default under this Compact by a Member State include, but are not
441 limited to, failure of a Member State to perform such obligations or responsibilities imposed
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442 upon it by the Compact or by the rules and Bylaws of the Commission promulgated under the
443 Compact.
444(c) If the Commission determines that a Member State has defaulted in the performance
445 of its obligations or responsibilities under the Compact, or the Bylaws or promulgated rules, the
446 Commission shall:
447(1) provide written notice to the defaulting state and other Member States of the
448 nature of the default, the means of curing the default and any action taken by the Commission.
449 The Commission shall specify the conditions by which the defaulting state must cure its default;
450 and
451(2) provide remedial training and specific technical assistance regarding the
452 default.
453(d) If the defaulting state fails to cure the default, the defaulting state shall be terminated
454 from the Compact upon an affirmative vote of a majority of the Commissioners and all rights,
455 privileges and benefits conferred by the Compact shall terminate on the effective date of
456 termination. A cure of the default does not relieve the offending state of obligations or liabilities
457 incurred during the period of the default.
458(e) Termination of membership in the Compact shall be imposed only after all other
459 means of securing compliance have been exhausted. Notice of intent to terminate shall be given
460 by the Commission to the Governor, the majority and minority leaders of the defaulting state’s
461 legislature and each of the Member States.
462(f) The Commission shall establish rules and procedures to address licenses and Compact
463 License Privilege holders that are materially impacted by the termination of a Member State or
464 the withdrawal of a Member State.
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465(g) The Commission shall not bear any costs relating to any state that has been found to
466 be in default or which has been terminated from the Compact, unless otherwise mutually agreed
467 upon in writing between the Commission and the defaulting state.
468(h) The defaulting state may appeal the action of the Commission by petitioning the state
469 court where the Commission has its principal offices. The prevailing party shall be awarded all
470 costs of such litigation, including reasonable attorneys’ fees.
471(i) The Commission shall not bear any costs relating to any state that has been found to
472 be in default or which has been terminated from the Compact, unless otherwise mutually agreed
473 upon in writing between the Commission and the defaulting state.
474(j) The remedies herein shall not be the exclusive remedies of the Commission. The
475 Commission may avail itself of any other remedies available under state law or the regulation of
476 a profession.
477Sec. 14. Dispute resolution.
478(a) The Commission shall attempt, upon the request of a Member State Dental Board, to
479 resolve disputes which are subject to the Compact and which may arise among Member State
480 Dental Boards.
481(b) The Commission shall promulgate rules providing for both mediation and voluntary
482 binding dispute resolution, as appropriate.
483Sec. 15. Member states, effective date and amendment.
484(a) Any state is eligible to become a Member State of the Compact.
485(b) The Compact shall become effective and binding upon legislative enactment of the
486 Compact into law by no less than 5 states. Thereafter, it shall become effective and binding on a
487 state upon enactment of the Compact into law by that State.
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488(c) The governors of non-member states, or their designees, shall be invited to participate
489 in the activities the Commission on a non-voting basis prior to adoption of the Compact by all
490 States.
491(d) The Commission may propose amendments to the Compact for enactment by the
492 Member States. No amendment shall become effective and binding upon the Commission and
493 the Member States unless and until it is enacted into law by unanimous consent of the Member
494 States.
495Sec. 16. Withdrawal.
496(a) Once effective, the Compact shall continue in force and remain binding upon each
497 and every Member State; provided, however, that a Member State may withdraw from the
498 Compact after giving appropriate notice by specifically repealing the statute which enacted the
499 Compact into law.
500(b) The Licensee’s Compact License Privilege shall remain in effect for 6 months from
501 the date of the Member State Dental Board withdrawal.
502(c) The withdrawing State shall immediately notify the chairperson of the Commission in
503 writing upon the introduction of legislation repealing the Compact by the withdrawing State, and
504 upon the enactment of such legislation.
505(d) The Commission shall notify the other Member States within 60 days of its receipt of
506 notice provided under Section 16(c) of this section.
507(e) Reinstatement following withdrawal of a Member State shall occur upon the
508 withdrawing state reenacting the Compact or upon such later date as determined by the
509 Commission.
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510(f) The Commission shall issue rules to address the impact of the withdrawal of a
511 Member State on Licenses granted by other Member States to dentists and dental hygienists who
512 designated the withdrawing Member State as their Home State.
513Sec. 17. Dissolution.
514(a) The dissolution of the Compact shall be effective upon the date of the withdrawal or
515 default of the Member State which reduces the membership in the Compact to one Member
516 State.
517(b) Upon the dissolution of the Compact, the Compact shall become null and void and
518 shall be of no further force or effect, and the business and affairs of the Commission shall be
519 concluded and surplus funds shall be distributed in accordance with the Bylaws.
520Sec. 18. Severability and construction.
521(a) The provisions of the Compact shall be severable, and if any phrase, clause, sentence
522 or provision is deemed unenforceable, the remaining provisions of the Compact shall be
523 enforceable.
524(b) The provisions of the Compact shall be liberally construed to effectuate its purposes.
525Sec. 19. Binding effect of compact and other laws.
526(a) Nothing herein prevents the enforcement of any other law of a Member State that is
527 not inconsistent with the Compact.
528(b) All lawful actions of the Commission, including all rules and Bylaws promulgated by
529 the Commission, shall be binding upon the Member States.
530(c) All agreements between the Commission and the Member States shall be binding in
531 accordance with their terms.
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532(d) In the event that any provision of the Compact exceeds the constitutional limits
533 imposed on the legislature of any Member State, such provision shall be ineffective to the extent
534 of the conflict with the constitutional provision in question in that Member State.
535Sec. 20. Rules of order.
536The most current edition of the American Institute of Parliamentarians Standard Code of
537 Parliamentary Procedure shall govern all meetings of the Commission, including its
538 committees, in those situations not otherwise covered in the Bylaws.
539Sec. 21. Fiscal impact statement.
540The Council adopts the fiscal impact statement in the committee report as the fiscal impact
541 statement required by section 4a of the General Legislative Procedures Act of 1975, approved
542 October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
543Sec. 22. Effective date.
544This act shall take effect following approval by the Mayor (or in the event of veto by the
545 Mayor, action by the Council to override the veto), and a 30-day period of congressional review
546 as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved
547 December 24, 1973 (87 Stat. 813; D.C. Official Code §1-206.02(c)(1)).
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