I
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 profes-
sionals, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. PROHIBITION AGAINST DISCRIMINATION BY
STATES IN LICENSING OF NONRESIDENT
DENTAL HEALTH CARE PROFESSIONALS.
(a) IN GENERAL.—If a dental health care profes-
sional has been licensed by a State to provide dental health
care, another State may not, in considering an application
by the professional for a license to provide the dental serv-
ices involved, discriminate against the professional on the
basis that the professional is not a resident of the State
or that the professional was first granted the license in-
volved by another State.
(b) RULE OF CONSTRUCTION.—A State shall be con-
sidered to be in violation of subsection (a) if, with respect
to licensing a professional who is already licensed by an-
other State for purposes of subsection (a), the State im-
poses on such licensed professional requirements in addi-
tion to, or different from, the requirements imposed by
the State in considering an application that—
(1) is made by a resident of the State who
holds the relevant license; and
(2) is made for the purpose of certification of
the competence of such resident to continue practic-
ing in the State, or for the purpose of renewing such
license, or both.
SEC. 2. ENFORCEMENT.
(a) CIVIL CAUSE OF ACTION BY AGGRIEVED INDI-
VIDUAL.—
(1) IN GENERAL.—Any dental health care pro-
fessional who is aggrieved as a result of a violation
of section 1 by a State may, in any court of com-
petent jurisdiction, commence a civil action against
the State to obtain preventive relief, including dam-
ages and injunctive relief. The court involved may,
in the discretion of the court, allow the prevailing
party a reasonable attorney’s fee and costs.
(2) LIMITATION ON ACTION.—A dental health
care professional may not commence proceedings
under paragraph (1) against a State for a violation
of section 1 after the expiration of the 5-year period
beginning on the date on which the State allegedly
engaged in the violation.
(b) CIVIL
CAUSE
OF
ACTION
BY
ATTORNEY
GENERAL.—
(1) IN GENERAL.—If the Attorney General has
reason to believe that a State is engaged in a pat-
tern or practice in violation of section 1, the
Attorney General may commence a civil action in the
appropriate district court of the United States to ob-
tain preventive relief, including damages and injunc-
tive relief.
(2) INTERVENTION
IN
PRIVATE
CIVIL
AC-
TIONS.—With respect to a civil action commenced
under subsection (a)(1), the Attorney General may,
with the authorization of the court involved, inter-
vene in the action if the Attorney General certifies
that the case is of general public importance.
(c) ABROGATION OF STATE IMMUNITY.—With re-
spect to the availability of relief in civil actions under this
section that are brought in district courts of the United
States, the immunity of the States under the eleventh
amendment to the Constitution of the United States is
hereby abrogated, pursuant to the power granted to the
Congress by section 5 of the fourteenth amendment to the
Constitution.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) The term ‘‘dental health care professional’’
includes all general dentists, all dentists who are
specialists, and all dental hygienists, who are li-
censed by not less than 1 State, without regard to
whether such individuals hold appointments or for-
merly held appointments in the Public Health Serv-
ice or whether such individuals are or were members
of the Armed Forces.
(2) The term ‘‘State’’ means each of the several
States, the District of Columbia, and each of the
Commonwealth of Puerto Rico, the Virgin Islands,
Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, the Trust Territory of
the Pacific Islands, and any other territory or pos-
session of the United States.
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