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103D CONGRESS

1ST SESSION H. R. 729

To prohibit discrimination by the States on the basis of nonresidency in

the licensing of dental health care professionals, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 2, 1993

Mr. MCNULTY introduced the following bill; which was referred to the

Committee on Energy and Commerce

A BILL

To prohibit discrimination by the States on the basis of

nonresidency in the licensing of dental health care professionals, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. PROHIBITION AGAINST DISCRIMINATION BY

4 STATES IN LICENSING OF NONRESIDENT

5 DENTAL HEALTH CARE PROFESSIONALS.

6 (a) IN GENERAL.—If a dental health care profes7 sional has been licensed by a State to provide dental health

8 care, another State may not, in considering an application

9 by the professional for a license to provide the dental serv10 ices involved, discriminate against the professional on the
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1 basis that the professional is not a resident of the State

2 or that the professional was first granted the license in3 volved by another State.

4 (b) RULE OF CONSTRUCTION.—A State shall be con5 sidered to be in violation of subsection (a) if, with respect

6 to licensing a professional who is already licensed by an7 other State for purposes of subsection (a), the State im8 poses on such licensed professional requirements in addi9 tion to, or different from, the requirements imposed by

10 the State in considering an application that—

11 (1) is made by a resident of the State who

12 holds the relevant license; and

13 (2) is made for the purpose of certification of

14 the competence of such resident to continue practic15 ing in the State, or for the purpose of renewing such

16 license, or both.

17 SEC. 2. ENFORCEMENT.

18 (a) CIVIL CAUSE OF ACTION BY AGGRIEVED INDI19 VIDUAL.—

20 (1) IN GENERAL.—Any dental health care pro21 fessional who is aggrieved as a result of a violation

22 of section 1 by a State may, in any court of com23 petent jurisdiction, commence a civil action against

24 the State to obtain preventive relief, including dam25 ages and injunctive relief. The court involved may,
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1 in the discretion of the court, allow the prevailing

2 party a reasonable attorney’s fee and costs.

3 (2) LIMITATION ON ACTION.—A dental health

4 care professional may not commence proceedings

5 under paragraph (1) against a State for a violation

6 of section 1 after the expiration of the 5-year period

7 beginning on the date on which the State allegedly

8 engaged in the violation.

9 (b) CIVIL CAUSE OF ACTION BY ATTORNEY

10 GENERAL.—

11 (1) IN GENERAL.—If the Attorney General has

12 reason to believe that a State is engaged in a pat13 tern or practice in violation of section 1, the

14 Attorney General may commence a civil action in the

15 appropriate district court of the United States to ob16 tain preventive relief, including damages and injunc17 tive relief.

18 (2) INTERVENTION IN PRIVATE CIVIL AC19 TIONS.—With respect to a civil action commenced

20 under subsection (a)(1), the Attorney General may,

21 with the authorization of the court involved, inter22 vene in the action if the Attorney General certifies

23 that the case is of general public importance.

24 (c) ABROGATION OF STATE IMMUNITY.—With re25 spect to the availability of relief in civil actions under this
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1 section that are brought in district courts of the United

2 States, the immunity of the States under the eleventh

3 amendment to the Constitution of the United States is

4 hereby abrogated, pursuant to the power granted to the

5 Congress by section 5 of the fourteenth amendment to the

6 Constitution.

7 SEC. 3. DEFINITIONS.

8 For purposes of this Act:

9 (1) The term ‘‘dental health care professional’’

10 includes all general dentists, all dentists who are

11 specialists, and all dental hygienists, who are li12 censed by not less than 1 State, without regard to

13 whether such individuals hold appointments or for14 merly held appointments in the Public Health Serv15 ice or whether such individuals are or were members

16 of the Armed Forces.

17 (2) The term ‘‘State’’ means each of the several

18 States, the District of Columbia, and each of the

19 Commonwealth of Puerto Rico, the Virgin Islands,

20 Guam, American Samoa, the Commonwealth of the

21 Northern Mariana Islands, the Trust Territory of

22 the Pacific Islands, and any other territory or pos23 session of the United States.

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